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FARMINGTON — After long discussions behind closed doors, attorneys have agreed that communication between Nathan and Stephanie Sloop and their doctors fall under patient-client privilege.
Proceedings were so secretive Thursday, one of the attorneys found himself temporarily locked outside the courtroom. When the public was allowed inside, Stephanie Sloop -- who shed a smile -- was escorted in, followed by her husband Nathan -- who seemed more focused.
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.
The communications we want are not privileged, they are not for the diagnosis or treatment of the patient, but evidence for the case.
–Troy Rawlings
Whether communications that do not have to do with the Sloops' diagnoses and treatment itself are also privileged or may be used as evidence is a question now before a judge.
"The case likely will take longer than anybody wants," said Davis County Attorney Troy Rawlings. "It's capitol litigation."
Second District Judge Glen Dawson has asked attorneys on both sides of the case to file additional briefs on the issue in advance of a June 3 hearing. July 29 was also set aside if there are any additional evidence issues.
"There is a difference between what's privileged, what's protected, what's a protected medical record," Nathan Sloop's attorney, Richard Mauro, said. "We have a disagreement about that."
Both Nathan Sloop, 32, and his wife, Stephanie, 28, are 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.
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 with a hammer to make it harder for police to identify him.
According to a motion filed by prosecutors last week, there was even dog food sprinkled over the area where the boy had been buried. In that same document, prosecutors say Nathan Sloop talked to a therapist about Ethan's "behavior and physical state" both shortly before and after the boy was killed.
There is a difference between what's privileged, what's protected, what's a protected medical record. We have a disagreement about that.
–Richard Mauro
"The communications we want are not privileged, they are not for the diagnosis or treatment of the patient, but evidence for the case," Rawlings said.
He cited the Utah rule that outlines patient-client privilege, but also clearly states that the rule is "not intended to override the child abuse reporting requirements."
That said, prosecutors want to make sure the cases against the Sloops are "clean" so they will not come back on appeal, especially given that the death penalty may be at stake, Rawlings said.
An official decision has not been made whether to seek the death penalty in the two cases, but Rawlings said both "are on a possible death penalty track." Prosecutors will not have to announce whether they will seek the death penalty until after a preliminary hearing on the evidence in the case and an arraignment.
Meantime, Rawlings is seeking any and all evidence that is pertinent to the case, even if it takes time.
"Ultimately, we want the defendants to have a fair, public preliminary hearing and we want all this evidence to be available there," he said. "The case will likely take longer than anyone wants."
A second hearing, scheduled for July, will address the admissibility of documents that were apparently taken from Nathan Sloop's jail cell.
"Any document in there is subject to attorney-client privilege," Mauro said, declining to elaborate on what was taken or how it may affect the case.
"We don't want the government to have access to information that our client has in his cell." Story written by Emiley Morgan with contributions from Andrew Adams.
