The Box Elder county attorney has filed a motion to keep spectators from the courtroom when a Deweyville girl testifies in a preliminary hearing against the man charged with kidnapping her in March 1987.
Tori Healey, then 6, was taken from a middle school in Garland on March 25. She was released about 1:30 a.m. the next morning in Malta, Idaho. Her kidnapper gave her some money to call her parents, but the store she was dropped off at was closed.She went to several houses before someone let her in and helped her. That same morning a Washington state man was arrested at a rest stop on I-15 near Brigham City. Frank Harvey, 46, was charged with kidnapping and sexual abuse of a child.
Healey was videotaped several hours after she was released at the Oneida County Jail. She failed to identify Harvey in a photo lineup. She testified at a preliminary hearing and later at the trial for Harvey.
Harvey was convicted of two counts of kidnapping and one count of sexual abuse of a child. He was sentenced to 16 years in Utah State Prison.
Several months after sentencing, Harvey was granted a new trial and was released on his own recognizance awaiting the second trial. It was scheduled for July 8.
All charges against Harvey were dropped on June 1, when a Box Elder County man was arrested and charged with two counts of kidnapping and one count of sexual abuse of a child.
Thomas C. Headley, 31, Snowville, was under investigation since last November after filing a complaint with Tremonton police about a female hitchhiker, who he said had been violent with him.
Headley was held in jail several weeks, until he was able to post the $25,000 bail. His preliminary hearing is scheduled for July 8, the same date Harvey's new trial was scheduled to begin.
County Attorney Jon Bunderson filed motions in 1st Circuit Court requesting that the videotapes of Healey shortly after her release be allowed as evidence and that cross examination be limited to what she testifies to in person and not what is revealed in the videotapes.
Throughout the preliminary hearing and trial for Harvey, Healey testified in a calm, clear way. She impressed judges, attorneys, press and spectators with her poise.
Bunderson, in his motion to partially close the preliminary hearing, stated that testifying further about her kidnapping, which was more than two years ago, will cause some psychological trauma to Healey.
That trauma should be minimized as much as possible, Bunderson stated in his motion. The psychological trauma is lessened in direct proportion to the number of people in the courtroom and the length of her testimony.
If granted, the motion would close the hearing only during Healey's testimony. Bunderson's motion states he would "seek no restriction of reporting of what occurs during the hearing." The closure would be of a small portion of the hearing.
A transcript of the proceeding would be made available to the public as soon as it could be prepared. Bunderson said he would have no objection to a "pool reporter" being allowed in the courtroom, so all media interests would be represented.
A hearing on Bunderson's motions is scheduled July 6, when 1st Circuit Judge Robert Daines will make a ruling.