Stalking case against Gov. Gary Herbert's son unsealed

PROVO — The pending stalking case against Gov. Gary Herbert's son was unsealed Monday after an attorney rescinded his motion to seal the case last week.

The case had been temporarily sealed in August after Nathan Gary Herbert's attorney, Scott Card, filed the sealing motion. A hearing set for Oct. 15 was supposed to decide whether the case would remain sealed, but Nathan Herbert's attorney withdrew the motion on Sept. 8.

In the motion to classify the case as sealed, Card said his client believed keeping the records public could damage his father's career.

"Respondent fears that his father's political career and reputation will be negatively impacted by potential media reports portraying petitioner's baseless allegations as facts," Card wrote in the motion. "Questionable and inflammatory allegations outweigh any opposing interests in keeping the record public."

These allegations include that Nathan Herbert, 39, had been stalking and harassing the younger sister of a woman he was charged with stalking in 2005.

In that case, the record was sealed and the victim and her family had a three-year restraining order against Nathan Herbert. He was also ordered to attend a life-skills class and pay a $100 fine.

But those three years were up last March, and starting in January, the younger sister began calling police, telling them Nathan Herbert had been following her. One instance recorded in court documents says the alleged victim, Aiona Butters, had been standing in line at the Orem City Library and felt like she was being watched. When the 26-year-old turned around, she said she saw the defendant standing about a foot away from her, just staring at her and smiling.

In August, Butters said the defendant was leaving the gym and, upon seeing her pull up, circled her car several times and followed her into the gym where she said bystanders whom she did not know told her he was touching himself while watching her, court documents state.

"This has been a nightmare; it really has," Butters told the Deseret News on Tuesday. "If he does not get help or does not change, I fear somebody is going to get hurt."

Nathan Herbert's lawyer issued a statement last month, saying that the allegations against his client are "malicious and false." In an Aug. 30 Facebook comment, Nathan Herbert wrote to a friend, "The truth will prevail. Mark my word!"