April 16 trial is set in counselor's death

CEDAR CITY — A man charged with murder, kidnapping and theft in the death of a group-home counselor will go on trial next year.

A judge in 5th District Court set a three-week trial beginning April 16, 2007, for Sean Graham.

Graham, 19, is charged with capital murder, aggravated kidnapping and theft in the March 2004 death of group-home counselor Anson Arnett. Police said Graham and Jesse Simmons hit Arnett in the head with a baseball bat and then stuffed his body upside-down in a closet.

Simmons struck a plea deal with prosecutors and was sentenced to five years to life in prison in 2005. Graham recently lost an appeal to the Utah Supreme Court, in which he charged the state did not have sufficient evidence to charge him with such high-level crimes.

The Iron County Attorney's Office said it will not seek the death penalty against Graham because he was 17 at the time of the incident.