A second request by Newton C. Estes, 63, Kaysville, to be released from prison while appealing his sentence for sexually abusing a young girl was denied Tuesday in 2nd District Court.
Estes requested a certificate of probable cause, a ruling that would have released him from prison while pursuing his appeal on the grounds that information used in his presentence evaluation does not meet the same standards as evidence used in a trial.Judge Douglas L Cornaby, who sentenced Estes in July, denied the request but told Estes he is free to continue pursuing his appeal from prison. Estes, who is handling the legal work himself, argued that isn't possible because he has limited access to a law library.
In his motion, his second since going to prison, Estes argued that the information used in his presentence report drafted by Adult Probation and Parole would not have been allowed in court during a trial.
He specifically pointed out letters from his Kaysville neighbors expressing fears that other children in the neighborhood could be in danger. Those letters, Estes said, served to prejudice the judge against him, resulting in a prison term of five years to life, but would not have been allowed into court as evidence during a trial.
Estes also maintains the court transcript of his July 19 sentencing has been altered with a key dialogue between him and the judge deleted. Estes said one of his statements, where he maintains he protested part of the AP&P report, is a cornerstone in his appeal.
Cornaby said he has reviewed the transcript and believes it is complete but said he will make the court reporter's notes from that day available for review by another reporter.
Estes also maintains he did not have sufficient time to review the AP&P report or prepare a rebuttal. Cornaby ruled the report was available more than a day before the sentencing and Estes or his defense attorney could have requested a delay in the sentencing to prepare a rebuttal but didn't.
In one of his oral arguments Tuesday, Estes also said information he gave AP&P about a sexual-abuse incident 39 years ago was false. He made it up, Estes told the judge, claiming an AP&P investigator told him if there was more than one incident, he would be recommended for a treatment program instead of prison.
Estes pleaded guilty in June to attempted sexual abuse of a child, a first-degree felony with a five-year-to-life prison term, and showing pornographic material to a minor, a third-degree felony with a prison term of zero to five years.
He was originally charged with aggravated sexual abuse of a child, also a first-degree felony but a charge that carries a minimum mandatory prison term of 5, 10, or 15 years.
Estes admitted fondling and sexually abusing an 11-year-old girl, hired to do housekeeping for him, and showing her nude photographs and asking her to assume the same poses.
Estes received national notoriety in 1982 when he punched a U.S. Supreme Court justice in Salt Lake City to protest what he said are the court's liberal stands on pornography and school desegregation.
Estes was convicted of assault on Justice Byron R. White in 1983, serving 10 days in jail and paying a $500 fine.