Hauck attorney wants evidence tossed

FARMINGTON — Attorneys in the case of murder suspect Jeremy Jacob Hauck wrapped up their arguments in court Monday regarding a defense motion to suppress evidence.

Hauck's attorney, Todd Utzinger, claims the evidence was illegally seized from the Bountiful condo where the body of Hauck's mother, Laura Hauck, was found stuffed in a freezer.

Utzinger argued police should have immediately sought a search warrant before taking evidence from the scene and claims police actions violated Hauck's constitutional right against unlawful search and seizure.

Prosecutors countered that police were acting on behalf of concerned family members, who had not seen or heard from Laura Hauck, and that entry into the condo without a warrant was justified in order to determine if she was in need of medical attention. It was while searching for the mother that police found blood and, ultimately, her body.

The state also argued Hauck had abandoned the condo when he fled the scene and had no expectation of privacy.

Assistant Davis County Attorney Steve Major said Laura Hauck's brother-in-law, Larry Garlock, stated he intended to enter the condo to check on Laura if police did not. In court Monday, Garlock testified that was, in fact, his intention, refuting a defense claim that there was no mention in reports that Garlock had indicated such.

Several officers were called by the defense to testify they saw Jeremy Hauck's personal belongings still in the condo. The defense claims that is evidence Hauck did not abandon the residence and therefore had an expectation of privacy.

Hauck, 18, is charged with first-degree felony murder in the death of his 51-year-old mother. Laura Hauck's throat was slit and she was shot in the head with a shotgun before her body was stuffed in a freezer, according to police.

Judge Darwin Hansen said Monday he will issue a written ruling on the defense's motion to suppress evidence sometime after April 3, when the state will file a written response to defense motions.

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