Killpack must report to prison

PROVO — A last-minute effort by Jennete Killpack's defense attorney to keep the Springville woman from reporting to prison today has failed.

Judge Claudia Laycock denied a motion to continue a stay of sentence for Killpack during a conference call Thursday afternoon with defense attorney Mike Esplin and the Utah County Attorney's Office, said Paul Vance, trial court executive for the 4th District Court.

Killpack, 30, was sentenced Jan. 6 to serve one to 15 years in the Utah State Prison for the death of her 4-year-old adopted daughter, Cassandra. Laycock stayed that sentence for one week because Killpack's mother-in-law had recently died.

Killpack is expected to report to the Utah County Jail by 9 a.m. today to be transported to prison.

A hearing to address the defense's motion for a certificate of probable cause has been set for 9 a.m. on Feb. 3, at which time the judge could reconsider the sentence, Vance said.

On Tuesday, Esplin filed a notice of appeal along with motions requesting a certificate of probable cause and a stay of sentence. A memorandum was filed with the court Thursday requesting an "expeditious hearing" or that the court continue the stay of sentence until a hearing had been set.

The Utah County Attorney's Office has until Jan. 27 to file a response to Esplin's motion for a certificate of probable cause, Vance said.

Killpack was found guilty by a jury of second-degree felony child abuse homicide following a trial that lasted 3 1/2 weeks. Her husband, Richard, 38, was acquitted.

During the trial, prosecutors said Killpack forced her daughter, Cassandra, to drink about a gallon of water as punishment for taking a sibling's drink on the night of June 9, 2002. The punishment led to the girl's death by water intoxication — a condition that causes the brain to swell and the body's sodium level to drop to a fatal level.

The Killpacks said they only gave the girl about 20 ounces of water and that they do not know how she died.

Calls to Esplin and Utah County Deputy Attorney Sherry Ragan for comment were not returned.

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