COURT DECISION

August 13, 2007 - The 2003 conviction of Arielle Beck, 28, has been overturned by the Utah Supreme Court as they upheld Utah Court of Appeals decision that jurors may have been "influenced" by questioning by the judge.

Beck was convicted of sexual abuse of Kelly Sowell, then 14. The girl committed suicide by hanging herself two years later. Her brother committed suicide two months after that.

Link not provided at story, but the case is State of Utah vs. Arielle M. Beck No. 20060609 (Dated Aug 10, 2007)

During the trial, the district judge actively questioned Beck in the presence of the jury concerning weak points in her testimony. She was convicted, and appealed. The court of appeals reversed, holding that the judge’s questioning created an impermissible appearance of bias against Beck by the court, and was an error that should have been obvious to the judge at the time.

They ruled the trial judge had overstepped his bounds. He asked the defendant 48 questions in front of the jury, and the Utah Supreme Court agreed that the court of appeals correctly decided that the trial judge exceeded his permitted discretion in some of the questioning he engaged in and he was in error. He usurped the function of counsel.

Prosecutors don't know if they will retry Beck.

TT - See Teacher Ethics in Utah. Including bad sentencing. We complained then,

If we didn't have sex offender registration, it would hardly be worth the effort of prosecution of these cases for the victim, or their families.

TT - See Outrageous Sentencing of Brandy Yates

UPDATE: Sept 15 - Beck is now out of jail.

RETRIAL SCHEDULED October 27, 2008 - The second trial has been scheduled to begin April 20.