Utah Supreme Court turns down widows' appeal
The Utah Supreme Court told two widows Friday that it cannot do anything to overturn a plea bargain for the driver who caused an accident that killed both of their husbands.
Peggy and Patricia Hay argued that their rights as victims were violated because they were not told about the plea deal arranged by former Duchesne County Attorney Karen Allen. Because of this, Peggy and Patricia Hay said they were not able to provide victim-impact statements at the driver's sentencing.
The two women were traveling with their husbands, brothers John Hay, 60, and Day Hay, 61, to Colorado in 2005 when Brandon R. Lane tried to pass a semitrailer on U.S. 40 and crashed into their vehicle head-on, killing the Hay brothers. The two women were seriously injured.
Peggy and Patricia Hay said they had been assured by Allen that Lane was going to plead guilty to one count of negligent homicide and that a second count of negligent homicide would be a plea in abeyance, which means it would be cleared from his record if he complied with certain probation conditions.
However, Allen asked the judge for two pleas in abeyance for Lane, according to the Hay sisters-in-law, and never told them about the details of the plea bargain.
Allen has said she did tell the widows.
The Supreme Court said Friday that since neither the prosecutors nor defense attorneys asked to have the plea bargain overturned, victims cannot do that on their own, because technically they are not a party to a criminal case. Only the state and the defendant are actual parties.
This case also has been dismissed on the district-court level because Lane did do everything the district-court judge required him to do to fulfill the terms of the plea in abeyance that was entered.
"Our hands are tied," the high court said.
However, the justices did say the allegations of fraud that Peggy and Patricia Hay raised against Allen are "serious and troubling" and, if these are true, "warrant investigation in another, more appropriate setting."
Crime victims do have certain rights under the Victims' Rights Amendment to the Utah Constitution and the Rights of Crime Victims Act, according to the unanimous ruling written by Chief Justice Christine Durham.
"We hope and expect that the trial courts will continue to be vigilant in their efforts to recognize crime victims' constitutional rights and ensure those rights are protected and upheld in a timely fashion during the trial process," the ruling states.
E-MAIL: lindat@desnews.com
Recent comments
This Plea and Abayence that's going on is a lazy DA's way of making...
Bill | June 12, 2009 at 4:52 p.m.
Kill two people, seriously injure two more, and get off with less...
Bud | June 12, 2009 at 4:17 p.m.
Another example of our great justice system in action.
Yeah! | June 12, 2009 at 3:50 p.m.
- Jazz missing 4 to injuries 12:55 a.m.
- Pitta doesn't win award 12:47 a.m.
- Jazz manage a magical win 12:43 a.m.
- Speed skating tuneup Friday 12:41 a.m.
- BYU football: NCAA awards 12:30 a.m.
- Magic unable to continue road act 12:26 a.m.
- Fans should worry about lousy teams 12:24 a.m.
- U.S.-born Hispanics see gains 12:23 a.m.
- Editorial: Extremism spike alarming 12:23 a.m.
- No need for more stimulus 12:22 a.m.
- Nude bathers cited for lewdness
- Few details on missing W.V. mom
- Jazz fall apart late at L.A.
- Defense witness goes on offensive
- Crash landing next to I-15
- BCS = power conference monopoly
- 5 officers lose their certification
- Palin signs books, chats with fans
- I-15 expansion barreling south
- Y.'s Emery bruised, but rarely beaten
- Letters: Global warming a lie
256 - TCU to play Boise in Fiesta Bowl
206 - BYU football: Bronco weighs in on Hall
193 - Palin signs books, chats with fans
165 - Utah/BYU rivalry can be more civil
150 - Cougars going back to Vegas
150 - Andersen apologizes for Jordan hoax
142 - Max Hall wants to look ahead
124 - Nude bathers cited for lewdness
123 - Jazz fall apart late at L.A.
110
David Rankin, one of Utah's youngest and ablest astrophotographers has...
There was a time when free shipping was rare. This holiday season, you...
Love him or hate him, Utah Sen. Orrin Hatch knows how to get attention.
I too agree that Booz and the team are NOT just going through the motions....
The springs have a long history of being clothing optional, and they provide...
He "needs more outside shooting to beat LA". He needs to design a real...
NCFAA Contribution to College Football Award: LaVell Edwards, Brigham Young,...
Why did the Jazz play so bad against LA and really well for a 1/2 against...
We Coug fans will be forever grateful for your three or four years of bearing...
When was the last time Utah even got to the dance three times in a row; let...
His speech was quite good, I agree with what Gingrich said. However, for...
I believe that a large part of the deterioration of the rivalry is a result...
Good win Jazz!!! Now give Fesenko some Red Bulls and lets see how well the...


