New law gives prosecutors more options

White supremacist Curtis Allgier has become the second man charged under a little-known new amendment to state law that changes the way Utah handles potential death penalty cases.

Allgier, 27, has been charged with aggravated murder under a new procedure enacted by the state Legislature during the last session. The provision gives considerable leeway to prosecutors in deciding when or if they will seek the death penalty.

In Allgier's case, there is no doubt. Salt Lake District Attorney Lohra Miller said she will seek the death penalty.

In another case filed under the revised law, Jason Mike Putnam, 23, of American Fork, was charged June 12 with aggravated murder in connection with the beating death of his 20-month-old son, Jordan. The Utah County prosecutor also declared immediately that this was a capital case.

But under the revised law that took effect April 30, neither prosecutor had to state these were potential death penalty cases until well into the legal process.

The amendment gives prosecutors more time to decide the death penalty part of the equation, which pleases prosecutors. But it has some defense attorneys worried about the quality of legal representation someone charged with such a serious crime would get in the early legal proceedings.

The revised law allows prosecutors to file a charge of first-degree felony aggravated murder, which carries potential sentences of life without parole or 20-years-to-life in prison if the person is convicted.

The prosecutor then has 60 days after a criminal arraignment to file a notice with the court declaring a capital case, which carries a possible death penalty.

An arraignment is a routine court appearance that occurs after a preliminary hearing, which is a far more significant event in any criminal proceeding.

At a preliminary hearing, prosecutors provide evidence and witnesses to a judge in an effort to persuade him or her that there is "probable cause" to believe a crime was committed and that the individual charged is responsible.

The threshold for "probable cause" is considerably lower than the tough "beyond a reasonable doubt" standard that juries must consider once a case goes to trial.

In the past, prosecutors typically filed capital cases from the start, although it was always possible to file a murder charge and then amend it to capital later.

Paul Boyden, executive director of the Statewide Association of Prosecutors, said the new procedure provides better legal representation for counties.

"It gives us some breathing room on capital cases to gather all the information before filing notice on a capital case," Boyden said.