“There are three kinds of lies,” the saying goes, “lies, damned lies and statistics.” Popularized by Mark Twain, this aphorism describes the persuasive power of statistics to bolster weak arguments even when the numbers are false, misleading or incomplete.

The Utah County Attorney’s race has recently become mired in confusion as the incumbent, David Leavitt, uses misleading numbers and outrageous claims to muddy the waters.

Let’s bring clarity to some of the issues.

Mr. Leavitt claims that disbanding the Special Victims Unit (SVU) has improved outcomes for victims and allowed 90% of prosecutors to become trained in these most complex of cases.

This is only true if one believes, as Mr. Leavitt apparently does, that attending a single conference qualifies a prosecutor to be an SVU attorney. Those versed in prosecutorial best practices would disagree.

If you have not tried multiple cases before a jury, if you have not second-chaired cases with a seasoned SVU prosecutor, if you have not attended extensive training on trauma-informed prosecution, if you have not done direct and cross-examination of expert witnesses, and if you have not been supervised while working with traumatized victims and children, then you are not ready to competently prosecute child molesters.

Mr. Leavitt’s underestimation of what it takes to be an SVU prosecutor seems to stem from a fundamental misunderstanding of how serious these crimes are and how deeply they impact victims.

He argued to the SVU before he disbanded it that being molested by a family member is not as bad as being molested by a stranger. Prosecutors, victim advocates and law enforcement all know the opposite is true: being abused by someone close to you takes away not only your innocence but also impacts your ability to trust, love and feel loved.

He also made clear that he believes that child pornography is a victimless crime. In reality, a majority of children who have been recorded while being sexually abused feel that the recording impacts them differently than the abuse itself because the images are permanent.

For all his claims that he wants more jury trials, he told former SVU members that it would be better for a grandfather who molested his grandchild to resolve the matter with his LDS bishop rather than taking the case to trial and sending the defendant to prison. (See case no. 161403200)

Although Mr. Leavitt has offered a number of shifting reasons for disbanding the SVU, at the time he told me that he disbanded the unit because the attorneys on the SVU disagreed with these and other soft-on-sex-offender views he maintains.

Another problematic statistic is Mr. Leavitt’s claim that he has actually increased the number of cases he is prosecuting.

However, he has been unwilling to release any data supporting this claim despite GRAMA requests. Given the lack of transparency, it is difficult to credit his claims.

Thankfully the courts have been more forthcoming.

As reported in the news, per their data in 2021 Mr. Leavitt filed 45% fewer cases in the District Court (felony cases), while filing 79% more in the local Justice Court (lesser misdemeanor cases), when compared to the number of cases filed annually by his predecessor.

When Mr. Leavitt claims he is prosecuting more cases than ever, he fails to mention that he is treating serious felony cases as misdemeanors and that many resources like supervised probation and specialty courts are not available options when cases are reduced and sent to Justice Court.

In short, the numbers he provides paint a misleading picture.

Here are a few numbers to help balance the picture:

• 17 — All 17 of Utah County’s law enforcement agencies, as well as every victim organization and fellow prosecuting agency in the county, have raised serious concerns with Mr. Leavitt’s approach to criminal justice.
• 24 of 31 — The number of prosecutors who have left the county attorney’s office to escape Mr. Leavitt’s dysfunctional policies.
• Over 1,000 — The backlog of cases that have yet to be reviewed to determine whether charges will be filed.

Mr. Leavitt claims that “the criminal justice system is the biggest threat to American freedom that we’ve seen in a generation and I’m the biggest threat to the criminal justice system bureaucracy.” By his logic, any criticism of his progressive policies is simply proof to him that he is right.

It seems more likely that Mr. Leavitt is tilting at windmills, imagining them to be giants so he can cast himself as a white knight, riding in to save the day.

Mr. Leavitt is not the victim of a system out to get him. Rather, he is the victim of his own hubris.

Perhaps Mr. Leavitt should take the time to consider two additional statistics:

• 90% — The percentage of Republican delegates who voted against him at the county convention; and
• 60.1% — The percentage of voters in San Francisco who voted this week to recall their progressive district attorney.

Hopefully, Utah County voters will realize what liberal San Francisco voters have: Progressive, rogue prosecutors like Mr. Leavitt undermine community safety and real criminal justice.

Adam Pomeroy is a deputy county attorney in the Utah County Attorney’s Office. Adam was a candidate for county attorney through the Republican nominating convention; he has since withdrawn from the race to consolidate efforts against the incumbent.

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