Plea withdrawn in Utah hired beating case
VERNAL, Utah — A Utah teenager who pleaded no contest to hiring a man to beat her in an effort to induce a miscarriage has been released from jail after a judge ruled that she was seeking an abortion and was not criminally liable.
Eighth District Juvenile Court Judge Larry Steele called the girl’s actions “shocking and crude” in a ruling last week, but said that under state law “a woman who solicits or seeks to have another cause an abortion of her own unborn child cannot be criminally liable.”
The 17-year-old girl from Uintah County, who has not been identified because of her age, pleaded no contest in June to a second-degree felony count of criminal solicitation to commit murder. Steele had ordered the teen to be placed in the custody of Utah Juvenile Justice Services until she is 21.
The teen’s mother got a new attorney, Rich King, who argued that under Utah law women cannot be held criminally liable for soliciting an abortion. Steele on Thursday granted King’s motion to withdraw the girl’s no contest plea and release her from detention.
Prosecutor Mike Drechsel told The Associated Press on Tuesday he had no comment.
Prosecutors said the girl paid Aaron Harrison, 21, $150 to beat her after her boyfriend threatened a breakup if she didn’t get rid of the child. Court documents said Harrison brought the girl in May to his home, where he was accused of striking her and biting her, leaving bruises on her stomach and a bite mark on her neck.
King contends that the girl did not do what prosecutors allege and even if she had she would not be liable.
The baby survived the beating and was born in mid-August a few days before the girl’s due date. It remains in state custody and is living with foster parents.
Harrison in September pleaded guilty to second-degree felony attempted murder. He is due in court for sentencing Oct. 27.
A message left by The Associated Press for Harrison’s court-appointed attorney, John Beaslin, was not immediately returned Tuesday.
Some state lawmakers say they plan to tighten legal definitions next session in response to the case.
State Rep. Paul Ray, R-Clearfield, called the girl’s actions “brutal and monstrous.”
“She hired someone so her fetus would die,” Ray said. “The law let her slip through the cracks and let her go. We need to change wording in the law.”
Information from: The Salt Lake Tribune, www.sltrib.com
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