Homicide case could be costly, county says

By Rick Sherman

Carbon County will look to the Utah Indigent Capital Defense fund to offset expenses anticipated for the Seth Peterson double murder trial. Peterson has been charged with two counts of Aggravated Murder in connection with the shooting deaths of his mother and brother near Hiawatha in November 2016.
Deputy Carbon County Attorney Jeremy Humes discussed the need to apply for the funding during a special County Commission public meeting Wednesday. He said, “If a person is facing a charge that could carry the death penalty, they’re entitled to two death penalty-qualified attorneys to represent them.” He said in this case the court had appointed those attorneys and the state subsequently waived the opportunity to seek the death penalty, asking instead that the court proceed with the local public defender representing the defendant. “But the court chose to stay with the capital attorneys,” Humes related, “So I contacted the Capital Defense Fund to see if they would cover this.”
Humes explained the Capital Defense Fund, “is a fund that the county pays into in the event that a case arises like this, to cover the defense costs so it doesn’t have to be paid out of the county budget.” Application must be made to the Indigent Capital Defense Fund Board and a motion to make the application was unanimously approved by the Commission.
The Capital Defense Fund is similar to an insurance policy. The amount paid into the fund is based on population. Carbon County pays about 50 cents per person, or approximately $7,000 annually, whether the fund is used or not. Humes noted that this type of case can be very complicated, and with mental health experts weighing in, the costs can be significant. Normally those experts would be retained and paid for by the prosecution, and the defense. And if a defendant is indigent, the expense for both sides comes out of county coffers. “Those experts run anywhere from a hundred to three hundred dollars an hour,” he said, noting the tab for expert witnesses at a recent high-profile murder trial in Salt Lake City reached $70,000. “We’re hopeful that the ‘Fund’ will step in and cover this for the County,” he stated.
Peterson is being held without bail on two counts of Aggravated Murder, one count of Attempted Murder, Theft of a Motor Vehicle and Failure to Stop at the Command of a Police Officer. A scheduling hearing is set for February 21 in Seventh District Court.