Man who pleaded guilty in murder case seeks to appeal sentence


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AMERICAN FORK — A man serving time in prison for his role in the murder of a retired BYU professor is trying to appeal his sentence.

It has been two years since Benjamin Rettig stood in a Utah County courtroom and pleaded guilty to being involved in killing Kay Mortensen and taking Roger and Pamela Mortensen hostage.

Rettig took a plea deal that spared him the possibility of life in prison without parole or even the death penalty. However, since being formally sentenced for his crimes, Rettig has tried to back out of his plea deal.

His latest attempt was made through a handwritten note sent to the judge from his prison cell.

It's unclear what his motives are, and prosecutors say they don't get it. They say if Rettig does get a chance to appeal his sentence, they would look at trying to void his plea deal and seek life in prison without parole.

"I think he has a lot to lose, quite honestly," said Tim Taylor, a Utah County attorney.

The judge will now find Rettig a new attorney to represent him on his claim that his rights were violated as he was sentenced.

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"For aggravated murder, he got the absolute best sentence he could get," Taylor said. "There isn't anything better. It's 25-to-life with the possibility of parole."

Part of the deal required Rettig to testify against his co-defendant Martin Bond, which Rettig refused to do during Bond's trial in January. Bond was convicted and sentenced to life in prison without parole, and prosecutors have not ruled out new charges against Retting.

"He did say he was going to cooperate. That was part of his plea bargain," Taylor said. "Maybe he obstructed justice on the stand by failing to cooperate as he agreed to, so that is something we are going to look at."

If Rettig wins his appeal, prosecutors say they won't be offering another plea deal.

"We have a good case against him, also with regards to life in prison prison without the possibility of parole," Taylor said.

Rettig will return to court next month when the judge will appoint him a new attorney. The Kay Mortensen case will be in the national spotlight Friday at 9 p.m. on Dateline NBC.

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Sam Penrod

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