On Thursday, inside the Fourth District Court in Provo, Judge Derek Pullan denied a motion to dismiss the case of Kent Cody Barlow vs. the State of Utah after his defense attorneys filed a Tiedemann motion earlier this year.

The Tiedemann motion comes from a 2007 case surrounding Edgar Tiedemann’s murder charges and looks at whether or not the destruction of evidence in the Barlow case violated due process rights under the state and federal constitutions.

On May 2, 2022, Barlow was allegedly driving near 100 mph when he drove off a paved road and through a corral at Cedar Valley Stables before crashing into a horse stable. 

The crash killed Odin Ratliff and Hunter Jackson, both 3 years old at the time, who were inside the corral playing with their toy trucks.

Aside from the high rate of speed, Barlow is also accused of having methamphetamines in his system at the time of the crash.

He’s been charged with two counts of first-degree murder and one count of drug possession, though the trial has faced multiple setbacks and delays.

Barlow appeared virtually from the Beaver County Jail where he’s being held, but he turned his camera off after verifying his presence.

His recently appointed attorney Justin Morrison argued the state’s apparent failure to preserve evidence from the roadway, more specifically yaw marks and critical scuffs as well as evidence from the damaged stables where Barlow’s car veered off the pavement into the corral.

He went on to cite claims from a crash analyst and how scanning technology could have painted a different picture of how the car crashed.

“Then they could have been used to calculate the precise speed of the vehicle right before at the time of the crash,” Morrison told the judge. “These ferro scans of the evidence also would be helpful in identifying any environmental factors that could have caused the car to flip or trip before rolling.”

Deputy Utah County Attorney Ryan McBride, who is the prosecutor in the case, noted the chaotic crime scene at the time of the crash, which may have made it difficult for such evidence to be collected.

“I think that’s a simple oversight and is understandable because preservation of life takes precedence over a collection of evidence,” McBride said.

Morrison also argued that the loss of this evidence prevents a scientifically accurate determination of speed, which could play a vital role in the defense’s case.

Courtesy Utah County Sheriffs Office

However, Pullan countered by questioning the importance of scientific certainty in such a case where Barlow’s speed has been deemed a factor via other sources.

“We don’t measure who wins the marathon with a laser, right?” Pullan remarked. “We just don’t need that kind of certainty to determine the one.”

Ultimately, the judge dismissed the motion citing no reasonable probability that the lost evidence would clear Barlow from the charges.

Later in the hearing, a motion was discussed regarding Barlow’s defense team’s request to not have the 911 call played during the trial.

“I haven’t listened to it, and I don’t know that I want to do that on the record here,” Pullan said. “We may have people joining (online) and that could be a pretty traumatic experience to keep rehearing that.”

After a brief recess, during which the judge and counsel reviewed the audio in the court chambers, Morrison argued that the 911 call could pose a risk of unfair bias toward Barlow as such evidence could invoke an emotional reaction among the jury.

“And, in my opinion, that emotional impact would substantially outweigh any evidentiary value,” Morrison told the judge.

Pullan said the state opposes the motion; however, the judge agreed that some portions of the call should not be played due to its extreme emotional nature.

“In terms of the motion to exclude the 911 call in its entirety, motion is denied,” Pullan said. “It is relevant, it has high appropriate value, and the danger of unfair prejudices does not substantially outweigh the appropriate value, provided that it is redacted.”

Tentatively, the trial is set to begin on April 14, 2025, nearly three years after the crash.