A UNIQUE PROSECUTION perspective on violent crime

1. A UNIQUE PROSECUTION perspective on violent crime Roger Blaylock, Assistant District Attorney, SL County Yvette Rodier, Deputy Prosecuting Attorney, WVC

2. 1996

3. Zach Snarr

4. Zach and family

5. Little Dell Reservoir

7. The next day, pictures in the news Camera equipment and Zach’s shoe

9. August 30, 1996 Two days after the shooting

10. ROGER BLAYLOCK, my hero!

11. Not so much hero as plucky sidekick Bob Stott was the hero I just carried his briefcase.

12. Zach Snarr “Mostly it is loss which teaches us about the worth of things.” ― Arthur Schopenhauer, Parerga and Paralipomena

13. CHARGES - August 29, 1996 I CRIMINAL HOMICIDE, AGGRAVATED MURDER, a Capital Offense-caused the death of Zachary H. Snarr and grave risk of death to Yvette Rodier II ATT. CRIMINAL HOMICIDE, AGGRAVATED MURDER, a First Degree Felony-Yvette Rodier III AGGRAVATED ROBBERY, a First Degree Felony property from Zachary Snarr IV AGGRAVATED ROBBERY, a First Degree Felony property from Yvette Rodier

14. Motions 6/18/1997 Motion in Limine for Jury Unanimity as to All Elements of Aggravated Murder and Request for Special Verdicts to Determine Aggravating Circumstances Motion in Limine to Preclude use of Statutory Aggravating Circumstances in the Penalty Phase which Duplicate Elements of Agggravated Murder Motion to Declare Utah’s Death Penalty Scheme Unconstitutional Motion to Declare Utah’s Capital Homicide Sentencing Statute Unconstitutional Motion in Limine for the Right to Argue and Instruct on Mercy and on Sympathy Motion in Limine to Prohibit Certain Prosecution Arguments and Statements Motion in Limine for Allocation to the Jury Prior to Deliberation in the Penalty Phase Defendant’s Assertion of His Right to Life Motion in Limine to Preclude State’s Argument Concerning Defendant’s Lack of Remorse Motion in Limine to Exclude Gruesome Photographs and Video tapes Motion in Limine Concerning Limits on the use of Victim’s Impact Evidence 6/25 Motion for Individual Attorney-conducted Voir Dire

15. MOTIONS 2 6/25 Motion to Challenge the Composition of the Jury Motions Regarding Selection and Procedures for the Handling of Jurors Motion in Limine to Reduce the Number of Peremptory Challenges Allowed to the State Motion to Exclude for Jury those Venierpersons who Believe in Blood Atonement Motion to Preclude Conclusory Questioning of Prospective Jurors During Voir Dire Motion for Admission of Evidence Concerning Parole Motion to Qualify Nonenglish Speaking Jurors Motion for Bifurcated Penalty Phase 6/26 Motion to Declare Aggravating Circumstances Unconstitutional as Applied Motion to Prohibit the Double Counting of Aggravating Factors in the Penalty Phase Motion for Preservation of all Jury Records Related to this Case Motion to Oppose the Retroactive Application of the 1997 Amendments to Capital Sentencing 6/30 Motion to Declare Death Penalty Unconstitutional as it is Applied in Utah Motion to Declare Utah Code Annotated Sec. 76-3-207(4) Unconstitutional

16. Negotiations DISCUSSIONS WITH FAMILIES What can we do to bring you closure? Jury trial verdict if (big if) the death penalty is imposed will give rise to twenty years of appeals. Guilty plea, in exchange for taking the death penalty off the table, can generally not be appealed.

17. Plea – October 15, 1996 Count I – Aggravated Murder with possibility of parole Count II – Attempted Aggravated Murder, First Degree Felony Two counts of Aggravated Robbery dismissed

18. Closure? Sentencing set for November 12, 1997 (1 year 74 days after the murder.)

19. Not so Fast – Motion to Set Aside Plea November 12, 1997 – Motion to Withdraw Plea Motion for New Counsel Robert Booker had talked defendant’s mother into mortgaging her house to pay him $30,000 to file a motion to set aside the plea. Evidentiary hearing set 12/12/1997 Reset to January 16, 1998 Plea found voluntarily, knowingly and intelligently made. Sentencing set to 1/30/1998

20. Not so Fast 2 – The Appeal 1/30/1998 Sentencing/Findings and Conclusions 2/26/1998 Notice of Appeal 2 years, 324 days after the murder - Supreme Court Decision June 18, 1999 - Motion to Withdraw Plea denied.

21. Closure!

22. My Hero I am not what has happened to me. I am what I choose to become. Carl Jung

23. Criminal Justice System

25. Utah Constitution Article I, Section 28.Declaration of the rights of crime victims.      (1) To preserve and protect victims' rights to justice and due process, victims of crimes have these rights, as defined by law:     (a) To be treated with fairness, respect, and dignity, and to be free from harassment and abuse throughout the criminal justice process;     (b) Upon request, to be informed of, be present at, and to be heard at important criminal justice hearings related to the victim, either in person or through a lawful representative, once a criminal information or indictment charging a crime has been publicly filed in court; and     (c) To have a sentencing judge, for the purpose of imposing an appropriate sentence, receive and consider, without evidentiary limitation, reliable information concerning the background, character, and conduct of a person convicted of an offense except that this subsection does not apply to capital cases or situations involving privileges.     (2) Nothing in this section shall be construed as creating a cause of action for money damages, costs, or attorney's fees, or for dismissing any criminal charge, or relief from any criminal judgment.     (3) The provisions of this section shall extend to all felony crimes and such other crimes or acts, including juvenile offenses, as the Legislature may provide. (Section 77-38-5 extends rights to Class A and B misdemeanors.)      (4) The Legislature shall have the power to enforce and define this section by statute.

26. Utah Rights of Crime Victims Act Utah Code of Criminal Procedure § 77-38 Notification Be present and heard Privacy Speedy Trial Age appropriate language Appellate review Restitution

27. VICTIM RIGHTS CHEAT SHEET All District Court Judges received a cheat sheet last year. • VICTIM REPRESENTATIVE • A victim may designate, with the court’s approval, a representative to exercise all of the rights the victim is entitled, including restitution. UTAH CODE ANN. § 77-38-9(1)(a). The prosecutor may also assert any of the rights to which a victim is entitled. UTAH CODE ANN. § 77-38-9(6). • QUICK TIPS • If in doubt, ask if victim is present and would like to be heard. • Active listening is key. • Do not ask why the victim did or did not do something. • The definition of “victim” in UTAH CODE ANN. § 77-38-2(9)(a) includes the word “alleged,” therefore calling the victim the alleged victim is not only redundant, but minimizes their role. • Should you feel so inclined, tell the victim “you are strong, courageous, brave, eloquent, educated, etc.” • Statements like “it is not your fault” and “you didn’t do anything wrong” are very useful in a victim’s healing.

28. My lessons learned from being on the other side of the bar.

34. It’s okay not to know what to say.We don’t know what to say either.

35. Speaking is healing, sometimes.

36. “What is it you plan to do with your one wild and precious life?” Mary Oliver

37. SUCCESS FOR SURVIVORS aka finding our raison d’être

38. Contact Information Roger S. Blaylock Deputy District Attorney West Jordan Department 8090 South 1825 West 385-468-7506 rblaylock@slco.org

39. Contact information Yvette Rodier West Valley City 801.963.3331 Yvette.rodier@wvc-ut.gov