As the attorney for self-proclaimed killer Rena Chynoweth sees it, his case is in the bag.
Attorney L.G. Cutler is so confident Chynoweth cannot successfully be sued for the 1977 slaying of Rulon Allred that he hasn't even interviewed witnesses in preparation for a trial.Allred's family filed a $110 million wrongful-death suit against Chynoweth last year after she published a book, "Blood Covenant," in which she confessed to gunning Allred down May 10, 1977, in his Murray office.
Prosecutors charged Chynoweth with Allred's slaying in late 1977, but a jury found her not guilty in March 1979 after Chynoweth denied the charges on the witness stand. Chynoweth cannot be tried again for the slaying.
Ervil LeBaron was convicted of murder in 1980 in connection with Allred's death.
Cutler sought to have the suit against Chynoweth dismissed, claiming the two-year statute of limitations for wrongful-death claims ran out 11 years ago.
U.S. District Judge Aldon Anderson denied the motion for dismissal.
However, Cutler plans to base his defense at trial on the same claim: that the family should have known nine years ago when Chynoweth was charged with murder that she was responsible for Allred's death and sued her then.
"We are prepared to go to trial with the knowledge that they sat on their hands for 13 years," Cutler said.
Allred's family must prove "reasonable justification" for the delay, Cutler said.
Attorneys for the family say the delay was justified by Chynoweth's perjury, acquittal and 13-year effort to hide her role in the slaying.
While Chynoweth's attorney has waited for trial, attorneys for Allred's survivors have been deposing witnesses and preparing for trial.
The Allred family's attorney, Jim McConkie, brought Chynoweth out of hiding long enough to depose her for two days. In the deposition, Chynoweth reaffirmed that she killed Allred.
Based on the deposition and Chynoweth's admission in her book, McConkie has asked Anderson to rule that Chynoweth murdered Allred. If Anderson makes that ruling, the jury only has to decide if Chynoweth should pay the Allred family monetary damages for the slaying.
Anderson has taken McConkie's request under advisement.
Anderson earlier ordered that Chynoweth's deposition be sealed because it may contain information that could identify Chynoweth's hiding place, McConkie said.
Chynoweth has been in hiding for several years, believing that LeBaron's band may want to kill her. Chynoweth is one of LeBaron's former wives. She left the polygamous clan while LeBaron was imprisoned for Allred's slaying.
Interviewing witnesses has been a small part of McConkie's work. His biggest task has been sorting out his clients. Allred, also a polygamist, has 42 living children. The court required the children, wives and grandchildren to join the suit or sign documents forsaking forever their right to sue Chynoweth.
Of Allred's survivors, 22 children and one grandchild signed court documents saying they do not want to sue nor did they plan to sue in the future.
But one wife, 19 children and 16 grandchildren are now plaintiffs in the suit either by choice or because they refused to sign the documents. Anderson required the five family members who didn't sign the documents to be added as plaintiffs in the suit.
In its demand for a $110 million judgment against Chynoweth, the family specifically sought proceeds from her book.
"But we can satisfy a judgment against her by taking her home or personal belongings," McConkie said. "And if there are movie rights or TV rights, we can take any remuneration that would come to her."
A five-day jury trial will begin Feb. 10.