Utah County Attorney's Office asks judge to remove defense team from Kent Cody Barlow case

ially charged with two counts of manslaughter for the deaths of Hunter Jackson and Odin Ratliff under previous County Attorney David Leavitt. When Jeff Gray was elected his prosecution team amended the charges to two counts of first-degree murder under a depraved indifference theory. Last month, Judge Robert Lund ruled the State met its burden and he ordered Barlow to stand trial on the double murder charges instead.

“Despite the State’s reluctance to ask for defense counsel’s removal and the appointment of conflict counsel, the State feels that it must do so now. Defense counsel’s repeated representations that he cannot provide effective assistance to Mr. Barlow presents an untenable risk that if the case goes to trial in September and Defendant is convicted, an appellate court will take defense counsel at his word -- that he could not and did not provide effective assistance to Mr.

On June 10, Aldana filed a motion for a stay of the proceedings in this case – the petitions to the Utah Supreme Court and the Utah Court of Appeals are appeals of the Court’s decision not to disqualify Judge Lund whom Aldana alleged was biased – could not be fair and impartial and that Lund harbors a “deep-seated antagonism” towards Barlow and his current defense team.

It also cites that Lund had “already prejudged this case” due to the fact that he was directing the parties to file pretrial documents before he had even bound the charges over,” the appellate court petitions state.

Source: Law Daily Report (lawdailyreport.net)

First-Degree Murder Defense Team Judge Lund Utah County Attorney's Office Ben Aldana Manslaughter Effective Legal Counsel

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