SALT LAKE CITY (AP) -- Prosecutors on Thursday said a woman accused of kidnapping, strangling and burning her ex-boyfriend's girlfriend is angry, obsessed and capable of committing additional crimes.
The defense countered that the evidence against Sally Ann Krivanek is weak; she has no prior history of violence and is physically incapable of abducting and killing Kellie Nelson -- whose burning body was discovered alongside Interstate 80 on Dec. 1.
Third District Judge Robin Reese declined to reduce the $1 million bail amount but agreed to revisit the issue following Krivanek's Feb. 20 preliminary hearing on charges of first-degree felony murder and third-degree felony desecration of a human body.
Krivanek, 28, is also charged with multiple counts of prescription drug fraud.
Defense attorney Michael Peterson said Krivanek "adamantly asserts her innocence."
Arguing for a bail reduction to at least $30,000, Peterson claimed Krivanek would never flee because she loves her two sons, ages 4 and 5. The two boys have been living with their father, who is the defendant's ex-husband, Charles F. Krivanek.
Peterson said Charles Krivanek had agreed to let his ex-wife live at his home if she is released from jail. Married in 1995, the Krivaneks' divorce was finalized last February.
Sally Krivanek was working at a credit union and pursuing a nursing degree until she fell and injured herself in November. Peterson said Krivanek's priest and many others who know her had called to express disbelief at the murder allegations.
Peterson said a report by a psychologist who interviewed Krivanek shows she "in no way, shape or form is a danger to anyone in the community."
Prosecutor Robert Stott alleges Krivanek abducted Nelson as the 23-year-old woman left her Taylorsville apartment for work at about 5:20 a.m. on Dec. 1. After the victim's body was found that night, Krivanek allegedly telephoned a Salt Lake County Sheriff's detective with information about the slaying.
A witness reported seeing a woman smoking and pacing a block from Nelson's home at about 5:10 a.m. DNA evidence from cigarette butts was later matched to Krivanek.
Nevertheless, Peterson claims no witness saw Krivanek abduct or kill Nelson.
Peterson said Nelson's boyfriend, Kevin Wolters -- who continued seeing Krivanek while living with Nelson -- told police he did all he could to keep the two women apart, including lying to them.
(Copyright 2003 by The Associated Press. All Rights Reserved.)