A chief prosecutor accused Richard Worthington and his ex-wife Karen of obtaining a divorce so that taxpayers would pay for his defense - a defense that otherwise might cost him up to $50,000.
"I really believe the divorce was orchestrated to cause fraud to this court," Bud Ellett, chief of the justice division of the Salt Lake County attorney's office, said Monday.Ellett said Richard Worthington applied for a bank loan on Dec. 29, 1990, and indicated net assets totaling $207,975. Yet the man charged with killing a nurse after besieging Alta View Hospital filed a statement in 3rd Circuit Court that indicates he has no assets and no borrowing ability.
The Sandy couple divorced in October and the court file has been sealed. Ellett said he can only assume all assets were given to Karen Worthington.
Ellett also said he was surprised to read a newspaper story Saturday quoting Worthington as saying he was "in hell" without his family and wanted to have a trial as soon as possible.
"That doesn't sound like a guy who's divorced and has all of his property gone," he said.
The 39-year-old landscaper and father of eight spent much of Monday's 45-minute hearing staring at his former wife and other relatives in the courtroom.
In an October interview, Worthington said his wife filed for divorce to protect herself financially. Karen Worthington, however, denied that finances were the reason but said she had not considered divorcing him until after his arrest.
The family of Karla Roth, the nurse killed during the hospital takeover, filed a lawsuit seeking proceeds Karen Worthington may get from movie contracts she is reportedly considering. Attorney Collin King said he believes the divorce was obtained to protect any assets she may receive from the contract.
Ellett wants 3rd District Judge Timothy Hanson to investigate whether or not the divorce was fraudulently obtained to manipulate Worthington's financial status. He will also ask Hanson to review the sealed divorce file.
"As I view it and look at it, the convenience of an uncontested divorce . . . causes me great concern," he said, explaining that taxpayers should not have to pay for Worthington's defense.
Salt Lake County residents pay $2 million in taxes each year to the Legal Defenders Association. The public defenders are appointed for those who are "wholly lacking in any ability to obtain assistance," he said.
Paying for his own defense may be "inconvenient" for Worthington, but he is not indigent, Ellett told Hanson.
Defense attorney Andrew Valdez said that when he was told of the divorce, it was a "complete surprise" to him. He said he was simply doing his job defending Worthington because he was appointed to do so. "We're not begging for these kinds of cases, we're certainly not."
Prosecutors, however, expressed concern in September that Valdez had met with Worthington in the Salt Lake County Jail before he had ever made a court appearance and before a judge appointed Valdez to represent him.
"The courts just seem to want to appoint (public defenders) no matter what," Ellett said. "I just don't think it's always appropriate."
Hanson said he will hold an evidentiary hearing to determine who should pay for Worthington's defense.
The judge also set a trial date for April 7, 1992. Jury selection in the capital murder case will begin two weeks earlier.
Worthington waived his right to a speedy trial Monday, but indicated it was not something he was happy about doing.
"Do you believe it's in your best interest . . . ?" the judge asked.
"I'm not sure about that, but I'm willing to waive the right . . . and go along with my attorney's advice," Worthington said. "I mean the conditions under which I'm incarcerated is, I don't know how to explain this, is a living hell, your honor."
Worthington said he based his reluctance to waive his right on the amount of time he's spent in jail compared with the amount of time his attorneys have spent "to come talk to me or even be concerned about me."
The judge warned Worthington that no attorney could adequately prepare a defense for such a trial within 30 days. But if he insisted, Hanson said, he'd set a trial date within 30 days and see that Worthington receive a fair trial "in spite of himself."
Prosecutor Kent Morgan expressed concern that Worthington's reluctance to waive his right could be grounds for a reversal in an appeals court. When queried further about his reluctance, Worthington hesitated and began crying.
"Mr. Worthington, this isn't too tough. All you got to do is tell me what you want to do," Hanson said.
"I said I would waive my rights," he replied.