Residents urge Utah County to create 'Restorative Justice Commission' to review alleged prosecutorial misconduct

Nine members of the public used the commission's public-comment period to urge action on a citizen-drafted resolution to create a Utah County Restorative Justice Commission to review alleged prosecutorial misconduct and recommend remedies.

Linda Hopkinson opened the series of comments by citing historical exonerations and the harm she said exonerees endure: "In 1989, Gary Dotson was exonerated and released from prison because DNA proved his innocence," she said, arguing that exonerees receive no government assistance and that a county-level commission could provide "a comprehensive, multidisciplinary response to the epidemic of prosecutorial misconduct in Utah County." Hopkinson encouraged commissioners to view excerpts from a Dateline program as background for the proposal.

Ben Stanley, who identified himself as an elected official in Pleasant Grove and president-elect of the Utah County Mount Timpanogos Rotary Club, told commissioners the proposal could provide "accountability and oversight" where current legal remedies are limited by doctrines such as prosecutor immunity. "I encourage you to modify it if necessary, but to take action and to support and to move forward with some improvements that will ensure greater justice and greater liberty," Stanley said.

Several speakers described personal impacts they attributed to local prosecutions. Douglas Tullis, a longtime resident, said he knew families harmed by wrongful prosecutions and urged the commission to "create this commission and give an outlet for people who don't have a voice." Katie Bischelle read a statement on behalf of Elizabeth Johnson Craig, who recounted being arrested on charges she said were later dismissed and who said government immunity prevented recovery of attorney fees. Craig's statement said the charges were dismissed on Dec. 6, 2010, when a judge found "there is not 1 bit of evidence against me." The transcript identifies the county prosecutor referenced in that statement as "Jeff Beuman."

Other speakers, including Dave Duncan and Steve Turley, described case histories and asked the commission to provide a forum for review and recommendations. Speakers framed the proposed commission as a way to gather information and offer recommendations to the county commission rather than to supplant courts.

Chairman Lee and other commissioners listened while the public-comment period concluded; the record shows no formal vote on the proposed restorative justice commission during this meeting. The commission moved on to scheduled closed meetings at the end of the public-comment period.

The commission did not reach a decision on the citizen-drafted resolution at this meeting; speakers asked it to consider the proposal and to modify it as needed. The next procedural step is for commissioners or staff to place a formal agenda item if they choose to act on the petition.