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State appeals judge's ruling in Uintah teen beating case

Published: Tuesday, Dec. 8, 2009 12:00 a.m. MST
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Prosecutors have appealed the dismissal of a case against a teenage Uintah County girl who allegedly paid a man to beat her in an effort to end her pregnancy.

The Utah Attorney General's Office, acting together with the Uintah County Attorney's Office, filed the notice of appeal Tuesday.

An allegation of criminal solicitation to commit murder filed against the 17-year-old girl was dismissed in November by 8th District Juvenile Judge Larry A. Steele. In his ruling, Steele said the Utah code defining abortion is "unambiguous" when it states, "a woman who is seeking to have or obtains an abortion for herself is not criminally liable."

"The Legislature would not approve of any court rewriting their statutes or finding loopholes around clearly stated statutes," Steele wrote in dismissing the case. "The relevant statute is not a loophole — it is a clearly stated rule of law."

Naples police said the girl met Arron N. Harrison on May 20 and offered to pay him $150 to beat her, in the hopes she would miscarry her baby. Harrison punched the girl in the stomach as many as five times, slapped her on her face and bit her on the neck, according to court records.

The child survived the attack and was place in state custody after birth. A state guardian ad litem has filed a petition seeking to terminate the girl's parental rights, said Utah State Courts spokeswoman Nancy Volmer. A judge will address the petition in the coming weeks.

Harrison, 21, pleaded guilty to attempted murder, but he was sentenced to up to five years in prison for attempted killing of an unborn child. He has filed an appeal of his conviction.

Rep. Carl Wimmer, R-Herriman, has said he will take action to seek to have the Legislature amend the statute Steele cited in his ruling. Wimmer said he was "absolutely outraged" at the decision and plans to "close that loophole for good."

e-mail: gliesik@desnews.com Twitter: GeoffLiesik

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