Appeals court hears challenge to use of blurred hotel video and counsel—s strategy in State v. Vargas

The Utah Court of Appeals on Thursday heard argument in State v. Vargas, a criminal appeal that centers on whether trial counsel was ineffective for failing to offer an unblurred hotel surveillance video and whether the alleged victim—s testimony was so internally inconsistent that it cannot be relied on under the Robbins doctrine.

The issue matters because the unblurred footage, defense counsel argued, would have shown the alleged victim unclothed and moving about the room in a way that could have undermined her credibility; the state said the video was properly blurred to protect privacy and dignity and that the remaining evidence still corroborates lack of consent. The court took the case under advisement and will issue an opinion.

At argument, Matt Howell, representing appellant Oscar Vargas, told the three-judge panel the core claim is that trial counsel—s failure to show an unblurred version of hotel footage deprived Vargas of effective assistance. Howell said the unblurred video would have permitted jurors to…