Unit 1012 Cover Photo

Unit 1012 Cover Photo

Thursday, September 9, 2021

Justice for Breezy Otteson and Riley Powell

Memorial services planned for Breezy Otteson and Riley Powell

[PHOTO SOURCE: https://www.abc4.com/news/local-news/memorial-services-planned-for-breezy-otteson-and-riley-powell/]


   

It diminishes the victims when people burn candles and mourn someone who has committed a heinous crime. People on death row are some of the worst individuals that appear on the face of the earth. The abolitionists refuse to acknowledge that evil exists and evil has to be put down. – Marc Klaas

[PHOTO SOURCE: https://quozio.com/quote/kspp5czvzbmx/1011/it-diminishes-the-victims-when-people-burn-candles-and]

https://victimsfamiliesforthedeathpenalty.blogspot.com/2017/10/marc-klaas-defends-death-penalty-pro.html

            Let us hear from the loved ones of Breezy Otteson and Riley Powell, who were not happy with the decision of the DA not to seek the death penalty in Utah.

Family of slain Eureka couple says they want no deal for the suspect

PROVO — The man accused of brutally killing a Eureka couple and then throwing their bodies into an abandoned mine shaft was back in court on Thursday.

The hearing for Jerrod William Baum, 41, was brief as attorneys agreed to continue it until August.

Baum is accused of beating and stabbing Riley Powell, 18, and then slitting the throat of Brelynne "Breezy" Otteson, 17, while both were tied up. He is charged in 4th District Court with two counts of aggravated murder and two counts of aggravated kidnapping, first-degree felonies; two counts of abuse or desecration of a dead body plus possession of a weapon by a restricted person, third-degree felonies; and obstruction of justice, a second-degree felony.

Because this is a potential death penalty case, deputy Utah County attorney Chad Grunander said Thursday it will be a long process before the case is resolved.

"In reality, these kinds of cases will take some time. Several months if not up to a couple of years,” he said.

The Utah County Attorney's Office has not announced yet whether it intends to formally seek the death penalty. Grunander said his office will take several factors into consideration when making that determination, including the strength of the evidence, input from the victims' families, the defendant's criminal history and the heinousness of the crime.

    

The past counts. The Earth does not belong only to the living. Bloodshed cries out to be avenged. Emotively, and not merely rationally, the blood of the dead victim compels us to act. Today, too, the victim’s lingering cry moves us retributivist advocates of the death penalty.

[The Death Penalty Delineated By the Old Testament by Robert Blecker, USA Today on November 2004]

[PHOTO SOURCE: https://quozio.com/quote/kkggzffcgfdb/1243/the-past-counts-the-earth-does-not-belong-only-to-the

….. https://victimsfamiliesforthedeathpenalty.blogspot.com/2015/07/robert-blecker-on-remembering-murdered.html]

Article: https://victimsfamiliesforthedeathpenalty.blogspot.com/2020/09/professor-robert-blecker-life-without.html


After the brief hearing was over, family members of Powell and Otteson said they are still completely in favor of capital punishment for Baum and there is no thought of resolving the case with a plea deal.

"I wouldn’t even think about that. There's no reason to do a plea bargain. He didn’t do a plea bargain with the kids,” said Riley Powell's father, Bill Powell.

"There’s no settling for this. The kids need justice,” concurred Amanda Hunt, Otteson's aunt.

The families stressed they do not want a plea deal, even if it meant avoiding a long legal battle.

"Looks like it's going to be a long, dragged out process. I just assume it be done with and over quick and find him guilty and done away with him,” Bill Powell said.

Neither family member had previously met Baum. Family members say they don't understand why the killings took place.

"I just don’t undestand what he was thinking or what the whole deal was over,” Powell said.

"I get the chills. I shake, It’s disgusting," said Nikka Powell, Riley Powell's sister, about having to see Baum in court. "I don’t see how anybody could be so sick. It's ridiculous. I don’t understand it."

This Saturday would have been Riley's 19th birthday. Family members plan to hold a celebration in Eureka with hot dogs, kickball and the release of paper lanterns at night. Hunt said she wants the public to remember who Powell and Otteson were, and not just what happened to them.

Baum's next hearing is scheduled for Aug. 1.

His girlfriend, Morgan Lewis Henderson, 34, who was allegedly present when the young couple was killed but didn't tell police about it for three months, is charged with obstruction of justice in one case and drug-related charges in another. She is scheduled to make court appearances on May 3 and May 9 for each case.

INTERNET SOURCE: https://www.deseret.com/2018/4/26/20644246/family-of-slain-eureka-couple-says-they-want-no-deal-for-the-suspect#jerrod-baum-appears-for-a-hearing-in-provo-on-thursday-april-26-2018-baum-is-accused-of-killing-18-year-old-riley-powell-and-17-year-old-brelynne-breezy-otteson-in-december-and-dumping-their-bodies-into-an-abandoned-mine-shaft

  

Executing a murderer is the only way to adequately express our horror at the taking of an innocent life. Nothing else suffices. To equate the lives of killers with those of victims is the worst kind of moral equivalency. If capital punishment is state murder, then imprisonment is state kidnapping and restitution is state theft. – Don Feder

[PHOTO SOURCE: https://quozio.com/quote/hnc8kmpgdjcf/1174/executing-a-murderer-is-the-only-way-to-adequately-express]

http://soldierexecutionerprolifer2008.blogspot.com/2013/04/mcveigh-puts-capital-punishment-in.html


“I think that you have to look at what's the penalty. We as a society have said that certain crimes, heinous crimes such as the murder of somebody, [are punished by death], I would like to actually increase the death penalty to apply to aggravated sexual assault of a child.... There are certain things that I think you are not going to rehabilitate somebody, you're going to stick them in a correctional facility for the rest of their lives. You are going to put guards in danger sometimes trying to deal with these people. I think that the proper thing to do is to permanently terminate this person, remove them from society permanently."

- Paul Ray, Utah House of Representatives

https://victimsfamiliesforthedeathpenalty.blogspot.com/2016/03/unit-1012-awards-rayner-goddard-act-of.html

 

Death penalty off table in double murder case against wishes of family

By Pat Reavy, KSL.com | Updated - Sept. 8, 2021 at 4:30 p.m. | Posted - Sept. 8, 2021 at 12:13 p.m.

PROVO — More than two years after saying he intended to seek the death penalty against a man accused of murdering two people and dumping their bodies down an abandoned mine shaft, Utah County Attorney David Leavitt on Wednesday announced that is now off the table.

"The state, through Utah County Attorney David O. Leavitt, hereby withdraws its intent to seek the death penalty (against Jerrod Baum)," the Utah County Attorney's Office wrote in a motion filed Wednesday in 4th District Court. "The state withdraws its intent to seek the death penalty as to both counts (of capital murder)."

  

Family and friends of Brelynne Otteson and Riley Powell gather in Juab County on Jan. 9, 2017. Jerrod Baum is charged with two counts of aggravated murder in their deaths, but on Wednesday prosecutors filed a motion withdrawing their intent to seek the death penalty against him if he is convicted. (Photo: Tanner Siegworth, KSL-TV)


Relatives of Riley Powell, 18, and Brelynne "Breezy" Otteson, 17, the two victims who were bound, gagged, had their throats slit and
their bodies tossed down the Tintic Standard Mine outside Eureka, Juab County in December 2017, said Wednesday that they were blindsided by the announcement.

"We're heartbroken. We feel sad, we're mad, we were taken by surprise after fighting for three years for these kids. And here we are four months from trial, and the rug was just pulled from underneath us," said Amanda Davis, Otteson's aunt.

In July of 2019, Leavitt held a press conference to announce he intended to seek the death penalty against Jerrod William Baum, 44, if Baum was convicted of the two counts of capital murder he is charged with.

But Wednesday morning, Leavitt released a video stating that he has now decided not to seek the death penalty ever again in any future case.

"What we have learned since Gary Gilmore is that innocent people have been executed and that the penalty of death has been carried out inconsistently and discriminatorily," he stated.

"What we have also learned is that the death penalty does not promote community safety. It is not an effective deterrent. It simply demonstrates our societal preference for retribution over public safety."

Gilmore was executed by firing squad in Utah in 1977 and became the first person to be executed in the United States after the death penalty was reinstated in 1976.

Although he does not mention Baum by name in his recorded statement, Leavitt notes that he became the first Utah County attorney to seek the death penalty since 1984, which was the Ron Lafferty murder case.

"That decision has required an enormous expenditure of resources both in time and taxpayer dollars. All of what we've spent, and more, would be worth it if it would prevent another senseless murder from occurring. But it doesn't and it won't.

"Pretending that the death penalty will somehow curb crime is simply a lie. The answer to preventing these types of horrible crimes is in education and prevention before they occur.

No family wants to hear, 'My child is dead and that man got a long sentence.' What they want to hear is, 'My child was never killed,'" Leavitt said.

While Leavitt said seeking the death penalty against Baum seemed like the right decision at the time, "Upon further reflection, I am convinced that its costs far outweigh its benefits to the community as a whole."

Leavitt said he believes the death penalty will never again be carried out in Utah, and added, "Nor should it be."

  

Those who allow violent criminals the opportunity to kill, maim and rape, share the responsibility for it and the tragedy such crimes produce. More, they allow these monsters to create for all of us a world as dark and evil as their own.

[PHOTO SOURCE: https://quozio.com/quote/3wrd9cs77z9g/1269/those-who-allow-violent-criminals-the-opportunity-to-kill]

http://soldierexecutionerprolifer2008.blogspot.com/2021/05/mafia-boss-giovanni-brusca-paroled-from.html


"It's time to change course. There's a better route, and we're going to seek it," he said.

Davis said Leavitt informed the family of his decision just minutes before releasing the video.

"It was definitely a bitter meeting," Davis recalled.

 

Amanda Davis poses for a photograph while visiting a permanent memorial for her niece, Brelynne "Breezy" Otteson, and Otteson's boyfriend, Riley Powell, near the Tintic Standard Mine No. 2 near Eureka, Juab County, on Feb. 4, 2021. Otteson and Powell were brutally killed and their bodies were found dumped in the mine shaft in 2018. (Photo: Steve Griffin, Deseret News)



Otteson's family had previously stated they were in favor of the death penalty for Baum. Relatives of both victims on Wednesday said their opinions haven't changed.

"We absolutely, 100% were adamant that we were for the death penalty. And with a heavy heart, we met with David Leavitt this morning prior to the announcement where he told us that based on his own decision that he's removing the death penalty off the table and it's his own personal belief," she said.

While there is still the goal of having Baum convicted and sentenced to life in prison without the possibility of parole, Davis said that would still mean Baum will get to live a full life.

"There is no reform for this man. There is no rebuilding. And for him to be able to eat a meal, talk to his family and know that the expiration date for him is living a full life, a content life — because clearly he is content where he's at — taking the death penalty off the table makes it, like, he won. He got what he wanted," she said.

Leavitt's announcement also comes a day after two state Republican lawmakers announced they will be introducing a bill next year that would abolish the death penalty in Utah, and replace a capital murder conviction with a prison sentence of 45 years to life.

"Some people you can reform, others you can't," added Bill Powell, Riley Powell's adoptive father. "It's not going to change his life one bit … That's not right, that's not fair."

Family members say Leavitt told them two years ago he was not in favor of the death penalty.

"His personal agenda will trump anything that two families feel," Davis said.

While family members say they understand that the justice system needs reform, they don't believe taking away the death penalty in this case is the answer.

"He's the criminal, he's the murderer. He doesn't deserve another breath," Powell said.

INTERNET SOURCE: https://www.ksl.com/article/50237343/death-penalty-off-table-in-double-murder-case-against-wishes-of-family 

  

Show them no mercy for you shall receive none! - Aragorn II Elessar

[PHOTO SOURCE: https://victimsfamiliesforthedeathpenalty.blogspot.com/2021/07/justice-for-louisa-jespersen.html]


Today our families were blindsided with the news from David Leavitt regarding his decision to not continue seeking the death penalty. Ever.

We are heartbroken and speechless of the devastating news. This isn’t just an injustice for Breezy and Riley. This is an injustice for Utah County as a whole.

We believe in rehabilitation and reform, but for a career criminal who has only been in jail/prison for most of his adult life, there is no reform for this kind of individual.

The justice system is broke, that is acknowledged. The issue that should be addressed is that the execution of an individual isn’t likely in their life time.

By removing the death penalty as a consequence to one’s actions only tells other criminals there is no recourse for their actions other than they will be housed, fed, and they will continue to be able to live their life, something Breezy and Riley didn’t get a choice of.

We feel Leavitt acted cowardly and made this decision for his political and for his personal motives. His reasoning doesn’t align with current law. His end goal is to abolish the death penalty in it’s entirety.

We feel if funding was his concern he would have made this decision two years ago. This case has been funded for three years. The majority of the cost has already been spent. This case has cost less than other cases in Utah County. He chose to pull the plug four months before trial was set to start, so funding is just an excuse for him to justify his decision.

We also feel the excuse that the appeal process is pricey and lengthy, it is for ANY trial. Just because the death penalty has been removed doesn’t mean appeals can be made based off of a conviction of life with or without the possibility of parole. This, again, is another excuse to justify his personal motives.

Although this is devastating and not what we wanted we are not going let this change anything. We know in our hearts we have fought our hardest to find the kids, to seek justice, and to keep their memories alive.

The county attorneys Carl, Ryan, and Christine are AMAZING and this will not change their fight for justice for them.

INTERNET SOURCE: https://www.facebook.com/SearchingForBreezyandRiley/posts/2779870782303668

https://www.facebook.com/permalink.php?story_fbid=2057394497745244&id=1299628893521812

A criminal on death row has a chance to prepare his death, make a will, and make his last statements, etc. while some victims can never do it. There are many other crimes where people are injured by stabbing, rape, theft, etc. To some degree at least, the victims right to freedom and pursuit of happiness is violated. - J. Edgar Hoover

[PHOTO SOURCE: https://quozio.com/quote/j2kbsh2mzxrv/1170/a-criminal-on-death-row-has-a-chance-to-prepare-his-death]

http://victimsfamiliesforthedeathpenalty.blogspot.com/2014/05/in-loving-memory-of-j-edgar-hoover-pro.html


RELATED LINKS:

Breezy Otteson and Riley Powell went missing on December 30, 2017. They were found in a mine shaft March 28, 2018. Justice awaits for their murders.

https://www.facebook.com/SearchingForBreezyandRiley/

http://victimsfamiliesforthedeathpenalty.blogspot.com/2021/06/show-me-money-larry-householder.html

https://www.legacy.com/us/obituaries/saltlaketribune/name/riley-otteson-obituary?id=1644328

https://www.findagrave.com/memorial/188523501/brelynne-marie-otteson

https://player.fm/series/182863/301850191 

OTHER LINKS:

“They should be put to death. I have no wish for revenge. People say that bringing back the death penalty is stooping to the level of the criminals. It’s not. Stooping to their level would be to terrorize them as they did Janine.” - Bev Balding, the mother of Janine Balding.

PHOTO: https://www.facebook.com/Surviving-Victims-of-Murderer-Promoters-1299628893521812/photos/2056806307804063

https://victimsfamiliesforthedeathpenalty.blogspot.com/2015/09/in-loving-memory-of-janine-balding-7.html

VFFDP {California}:

Rescue California, crime victims boost Newsom recall outside San Diego Hall of Justice

https://www.facebook.com/permalink.php?story_fbid=2035447773273250&id=1299628893521812

https://www.sandiegouniontribune.com/local/story/2021-08-11/rescue-california-opens-statewide-recall-newsom-tour-in-san-diego

Father of murder victim slams CA Gov. Newsom for giving criminals ‘reprieve’

https://www.facebook.com/permalink.php?story_fbid=2056826924468668&id=1299628893521812

https://www.foxnews.com/us/father-of-murder-victim-slams-ca-gov-newsom-for-giving-criminals-reprieve

PHOTO: https://www.facebook.com/Surviving-Victims-of-Murderer-Promoters-1299628893521812/photos/a.1935292193288809/1979376712213690

https://victimsfamiliesforthedeathpenalty.blogspot.com/2017/10/marc-klaas-defends-death-penalty-pro.html

Givens denied bond as victim's family takes stand at hearing

https://www.facebook.com/permalink.php?story_fbid=2054373951380632&id=1299628893521812

https://krcgtv.com/news/local/givens-denied-bond-as-victims-family-takes-stand-at-hearing

https://www.scribd.com/user/563253298/JENNIFER-WEISER

https://www.scribd.com/document/523082925/Givens-Indictment

VFFDP {India}:

'She embraced death in agony': Ballia rape victim's mother demands death penalty for accused BSP MP. A case of rape was lodged against Bahujan Samaj Party's Ghosi (Mau) MP Atul Rai at the Lanka police station there in May 2019.

https://www.facebook.com/permalink.php?story_fbid=2054375694713791&id=1299628893521812

https://www.newindianexpress.com/nation/2021/aug/28/she-embraced-death-in-agonyballia-rape-victims-mother-demands-death-penalty-for-accused-bsp-mp-2351031.html

A justice system that won’t keep the child murderer Colin Pitchfork in prison is broken beyond measure. While a few members of the public would like to see a man who killed two teenagers executed, he will instead be released.

https://www.facebook.com/permalink.php?story_fbid=4477354488989322&id=105048709553277

https://www.newstatesman.com/politics/uk/2021/09/justice-system-won-t-keep-child-murderer-colin-pitchfork-prison-broken-beyond

MERCY MUROKI When will Britain ever properly punish child killers like Colin Pitchfork?

https://www.facebook.com/permalink.php?story_fbid=2055052441312783&id=1299628893521812

https://www.thesun.co.uk/news/16047556/mercy-muroki-colin-pitchfork-punish/

Calls to 'bring back death penalty' for thugs who tried to rape two girls

DEMANDS for the return of the death penalty have been made for evil thugs who tried to rape two girls and then battered Good Samaritans who stopped the attack.

https://www.facebook.com/permalink.php?story_fbid=178486951033969&id=101692122046786

https://www.express.co.uk/news/uk/1487447/Hanley-girl-rape-Stoke-on-Trent-death-penalty-punishment-Staffordshire

I'd have been happy for killer of two teenage girls to hang - ANN WIDDECOMBE

https://www.facebook.com/permalink.php?story_fbid=178487637700567&id=101692122046786

https://www.express.co.uk/comment/columnists/ann-widdecombe/1450443/colin-pitchfork-sentence-murder-30-year-tariff



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