Former Ogden reserve police officer and convicted rapist Cary William Hartmann should have his minimum mandatory 15-year prison sentence reduced to five years, his defense attorney Tuesday told the Utah Supreme Court.
Attorney Kevin Sullivan said there was insufficient evidence to give Hartmann the stiffer minimum sentence, because prosecutors failed to show his crimes had the necessary aggravating elements.Hartmann, 40, was sentenced Nov. 2, 1987, by 2nd District Judge David Roth to 15 years to life in the Utah State Prison on his jury conviction in the rape of an Ogden woman. He was found guilty of two counts of aggravated sexual assault and a single count of aggravated burglary in the May 16, 1986, attack.
Hartmann, a reservist from 1981-83, later pleaded guilty to the rape of another woman in exchange for prosecutors dropping charges in three more attacks in which he was charged. He was sentenced to a five-year-to-life term in that case.
Sullivan argued Hartmann's verbal threats to his victim in the first case did not meet the legal aggravating standard of posing an imminent danger of bodily harm. He asked the justices, who said they would rule later, to clarify what the statute means, suggesting they interpret it as requiring a threat "beyond mere words.
"There weren't the aggravating elements to raise the rape to aggravated sexual assault," he said.
But assistant Utah Attorney General Sandra Sjogren said the crimes committed by Hartmann clearly constituted an imminent threat to his victim and her children.
The defendant said he had a gun, and even though the woman did not see a weapon, "the evidence would support the fact there was a gun" when Hartmann broke into her home, Sjogren said.
Justice Michael Zimmerman questioned the legality of using Hartmann's single threat to prove aggravating circumstances in both the burglary and rape. But Sjogren argued there was no legal precedent barring prosecutors from using a single statement as evidence supporting more than one crime.