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PROVO -- Utah County prosecutors are facing three aggravated murder cases and a financial crunch to see them through.
Because the crimes are potentially punishable by death, the costs to prosecute them are significantly higher than other crimes. The work is so expensive the Utah County Commission recently approved $150,000 for the Utah County Public Defenders Association to assist in two of the cases. "With more capital cases filed, they're costing the county a ton of money," said public defender Gunda Jarvis, who recently finished a capital case. The association asks for financial help on each aggravated murder case. Since 2001, the county has authorized $75,000 for each case that qualifies. The money is used, in part, to pay for extra investigators as well a travel for expert witnesses. Aggravated murder is the only crime punishable by death in Utah. In those cases, prosecutors have to prove aggravating factors such as the death of several people, a child or a police officer. Three men are currently charged with aggravated murder in Utah County: Michael Kirsch, David Ragsdale and Victor Gardea. "We have a disproportionate amount of capital cases for our community," Jarvis said. "It seems like every murder we have is capital." In the last nine months, prosecutors have filed three aggravated-murder cases in 4th District, the most ever at any one time. And more financial requests for help are likely. "We live in this great country that affords everybody the right to counsel, a right to due process," said Utah County Commissioner Gary Anderson, a former criminal defense attorney. "Justice is expensive. It's not just the defendant we're defending, we're defending our system, our system of laws, our way of life." The Utah Legislature expanded the aggravated murder code last year, allowing, prosecutors to seek the death penalty in the cases where a child is killed. "I, personally, support the death penalty," Utah County Attorney Jeff Buhman said. "I think there are cases where the conduct of the defendant merits the death penalty, it's as simple as that. The fact that this is the highest a law allows is a significant stick, but that's because the crime is significant." Some say that significance can motivate negotiations over charges. "In my opinion, prosecutors in Utah have been very reasonable in their pursuit of the death penalty," said Kent Hart, assistant federal defender with the Capital Habeas Unit of the Utah Federal Defender Office. "They've been restrained. But they keep the death penalty because they use it as a bargaining chip." Buhman denied the bargaining chip claim. "It is a big stick, but we do not use it as a threat," Buhman said. |
