An Eagle Mountain woman accused of abusing children in her care pleaded guilty Thursday to four counts of felony child abuse as her family members sobbed in the audience.
Mary Heath and her live-in boyfriend, Sekoa Aiono, were charged with nine counts of child abuse and one count of aggravated sexual assault of a child. As part of a plea deal, a sexual assault charge and five other child abuse charges were dropped. Heath pleaded guilty to two second-degree and two third-degree felony child abuse charges.
Prosecutor Tim Taylor said the four counts amount to one count per child for withholding food and one count per child for multiple injuries. Although he believes there is far more abuse, Taylor said it is a good resolution.
"We felt that that probably served justice," he said.
The maximum sentence for each of Heath's two second-degree charges is 15 years in prison, and the maximum for each of the third-degree charges is five years in prison. Heath faces a maximum of 30 years in prison, but prosecutors have agreed to recommend a somewhat lighter sentence in return for her guilty pleas.
"We have agreed that we will recommend that the second-degree felonies run concurrently with each other and the third-degree felonies run concurrently," Taylor said.
If the judge agrees to the sentencing recommendation at a Jan. 15 hearing, Heath could instead face up to 20 years in prison as the third-degree felony sentence could run consecutive to the second-degree felony sentence. Taylor said Heath will also be required to assist in the rehabilitation of the injured children.
"She would have to go ahead and help pay for any counselling that the kids are going through," he said.
Heath's 9-year-old niece and 8-year-old nephew were found nearly naked, malnourished and alone at their Eagle Mountain home on Oct. 14. The children were taken to Primary Children's Medical Center, where they were treated for malnutrition and physical injuries. The couple were later charged with sexual abuse after a physician found signs of abuse on the boy.
Taylor said the boy's body temperature was 93.2 degrees when he was found and he has since nearly doubled his body weight. Were it not for his sister jumping 12 feet to escape the house, the boy may have died.
"The sister will probably never know how much she did to save the life of her brother," Taylor said.
Taylor said he does not know of any motive for the abuse, but Heath appears to be remorseful. While it does not change prosecutors' desire for punishment, Heath was crying during the hearing and Taylor said he thinks she feels bad for what happened.
"I think that it says something that they accepted responsibility -- at least Ms. Heath did," he said.
Taylor said he still could not discuss much of the evidence in the case while Aiono's case is still pending. However, he said prosecutors have had discussions with Aiono's attorneys concerning a plea deal.
"We are looking at plea negotiations that would be similar to Ms. Heath's," he said.
Shirl LeBaron, whose law office is representing Heath, said the resolution is a good one for his client. LeBaron said Heath's attorney, Ann Boyle, was able to explain the risks and strengths of a trial and Heath wanted to be accountable. LeBaron said in a meeting last week with Heath, the defendant mentioned the word "accountable" three times. Although there were some disputed facts, LeBaron said county attorneys were fair and helpful in working with Heath.
LeBaron said Heath made a point that she wanted to thank the people involved in helping the children, including the Department of Child and Family Services, law enforcement and her neighbors.
"The first person she mentioned was the neighbor who reported it," he said.
LeBaron said Heath has been sincere and remorseful and cries often in their meetings. While the aggravating facts in the charges are not being disputed, there are also mitigating factors for Heath that will come out in sentencing.
"She's the first one to say that she's done some horrible things," he said. "She's not a horrible person."
There will need to be an assessment of any issues involved in the abuse, but LeBaron said Heath has no diagnosed problems. A part of her accountability will most likely be prison time.
"We have told her that she will more than likely have a prison term," he said.
Posted in Local on Thursday, November 20, 2008 11:00 pm
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