Estimated read time: 5-6 minutes
This archived news story is available only for your personal, non-commercial use. Information in the story may be outdated or superseded by additional information. Reading or replaying the story in its archived form does not constitute a republication of the story.
PROVO — After prosecutors and defense attorneys argued this week whether the bloody clothing worn by a Eureka couple would be too emotionally unsettling for the jury and unfairly prejudicial to the defendant, the judge allowed the evidence to be shown.
The jury is weighing charges against Jerrod Baum, who is accused of killing Riley Powell, 18, and Brelynne "Breezy" Otteson, 17, more than four years ago. He is charged with two counts of aggravated murder and two counts of aggravated kidnapping, all first-degree felonies; two counts of desecration of a body and one count of possession of a weapon, third-degree felonies; and obstruction of justice, a second-degree felony.
Thursday afternoon, 4th District Judge Derek Pullan ruled that the actual clothing would be important for the jury to see and would contribute more complete evidence than simply showing pictures of the clothing.
Attorneys for Baum, 45, objected to bringing the victim's clothing into the courtroom, and argued that showing the clothing would cause unfair prejudice against Baum.
Pullan said that courts should not show evidence to juries that would cause overly strong emotional responses or is shocking or sensational, which could cause a jury to give the evidence too much weight.
Pullan said that, for a good reason, bloody clothing is generally not brought before a jury because it can cause a strong emotional impact. He noted that, however, evidence is often prejudicial to the other party, and determined the prejudice that could be caused by showing the clothing would not be unfair in this case.
"The fact that certain evidence may be emotionally discomforting to the jury does not mean it should be excluded," Pullan said.
He said, in this instance, the blood on the clothing addresses an important question. Defense attorneys have argued that the amount of blood, specifically in Riley Powell's Jeep, contradicts the testimony of Morgan Lewis. If events happened according to her testimony, Baum's attorneys claim that there should have been more blood transferred from Baum's clothing into Riley Powell's Jeep.
Pullan said that this is a very significant question which holds a lot of weight to both sides in the case, making the clothing very important evidence.
"The best evidence of how much blood was let at the time of the murders is that clothing, and I'm not persuaded that photographs communicate that in the same degree," Pullan said.
He said that he looked carefully at the photographs and the items of clothing before making this decision. He did say that the shoes, two found for Otteson and only one found for Powell, did not contribute to the discussion to the same degree and Pullan decided photographs of the shoes would be sufficient for the trial.
Amanda Neily, a forensic technician, discussed each item of clothing and where blood, mold and evidence of decomposition could be found as she was questioned by attorneys on Thursday.
She pointed out where blood was present or absent on Otteson's sweatshirt and pants and Riley Powell's shirt and shorts and discussed how that blood was related to rips or holes in Powell's clothing.
Neily talked about the investigation she had previously done on the clothes and other items including duct tape and ropes, in addition to talking about investigations she did on Powell's Jeep and at Baum's home. Her multiday testimony continued into Friday.
Pullan has been very cautious to ensure that nothing could lead to accusations of a mistrial, and testimony in front of the jury has stopped to address concerns brought up by attorneys, including the question about the clothing.
He and attorneys have taken time to listen to detectives and consider whether Baum's Miranda rights were followed in interviews before he was arrested.
On Friday, the jury was dismissed for the afternoon while the judge and attorneys heard a crime scene analyst talk about the pros and cons of probabilistic genotyping, and say that there was uncertainty in probabilistic genotyping reports in this case.
The jury selection process for the trial began on Feb. 23, and testimony in the trial has continued for three weeks.
Family members attending the trial who have support stickers on their cars saying "Justice for Breezy and Riley," were asked to remove the stickers or park where the jury wouldn't see the signs to eliminate outside influences on the jury. They are now parking farther away.
Amanda Hunt, Otteson's aunt, and Bill Powell, Riley Powell's father, have attended every day of the hearing, which is now at the end of its third week and is expected to go until the start of May.
Hunt said that Thursday was one of the toughest days of the hearing for her.
"It's been emotional. ... It's been hard. It's been eye-opening," Hunt said.
She said they have learned through attending the trial that many of the people involved put a lot of heart into the case, which has helped her feel supported.
Hunt said that Monday is four years from the day that Riley Powell and Otteson's bodies were found, and Friday marks four years from the last day that she and Bill Powell helped to search for them.
Bill Powell said although the trial is long, he understands there are many details to cover. He said that he is grateful to be at the trial and for the prosecutors. He said that the prosecutors are like family at this point.
Hunt and Bill Powell are hoping for a guilty verdict for Baum, the maximum sentencing, and to be able to move forward with their lives. Hunt said she doesn't know what the next chapter is for her, but that she is glad to be getting closer to closing this four-year chapter of fighting for Otteson and Riley Powell.
