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BOUNTIFUL — Attorneys for a man accused of brutally beating and killing his stepson claim that items have been taken from the man's jail cell — and they are seeking to keep that information out of court.
Nathan Sloop's attorney, Richard Mauro, told 2nd District Judge Glen Dawson that there are two items of evidence he feels should not be used in any court proceeding. In addition to the items that were allegedly taken from Sloop's cell by Davis County sheriff's officials, Mauro said prosecutors are trying to subpoena records involving Sloop's interaction with a therapist.
Admitting such evidence would violate Sloop's constitutional right to reasonable search and seizure and jeopardize his privileges involving the client-attorney and patient-doctor relationships, Mauro said.
The identification of these issues ... will jeopardize Mr. Sloop's due process rights and right to a fair trial, and exposure of the issues in a public hearing will undermine the very privileges that Mr. Sloop seeks to protect.
–Defense motion
But Davis County Attorney Troy Rawlings said prosecutors aren't seeking to do anything illegal or procure information that is privileged.
"It's our intention that in both cases, with both defendants, that all the evidence that has or will be obtained will be done lawfully," he said.
David Cole, who heads up the criminal division of the Davis County Attorney's Office, said, "We're not seeking to know anything more than we know at this point."
Sloop, 32, and his wife, Stephanie, are both facing capital murder charges in addition to charges of child abuse and obstructing justice, both second-degree felonies, and abuse or desecration of a body, a third-degree felony.
The couple is accused of killing Stephanie Sloop's son, Ethan Stacy, and burying his body near Powder Mountain in Weber County on or around Mother's Day 2010. Court documents list "severe abuse" as the cause of death.
Investigators say Ethan was abused between April 29 and May 8.
After the boy was killed, the Sloops took his body to a rural area in the mountains and buried him in a shallow grave, police say. The couple is also accused of attempting to disfigure his body to make it harder for police to identify him.
Defense attorneys had asked the court to close the hearings to the public and press and seal all documents relating to the evidence. Nathan Sloop's attorneys filed a motion in February arguing that detailing what is in the evidence may be prejudicial to their client.
"The identification of these issues with more specificity will jeopardize Mr. Sloop's due process rights and right to a fair trial, and exposure of the issues in a public hearing will undermine the very privileges that Mr. Sloop seeks to protect," the motion states.
Dawson decided to hold a hearing on the patient-doctor privilege issue and the potential subpoena of medical records on April 21. The hearing will be public, but any specifics within the evidence in question will be heard privately by the judge.
E-mail:emorgan@ksl.com
