Two brothers who served more than five years behind bars on a recently overturned rape conviction were freed after prosecutors decided against a second trial and negotiated a plea agreement.
James Dean Classon, 34, and Daniel E. Classon, 31, had been serving 10-year-to-life terms. The Utah Court of Appeals overturned their convictions in March, saying the brothers' three public defenders botched the case.Prosecutors considered retrying the case. But the woman, now age 20, did not want to endure the trauma of another trial, said Deputy Utah County Attorney James Taylor.
After the 1992 trial, "the victim had a difficult time and needed significant therapy afterward," Taylor said. "When we called (about a second trial), it threw her for a loop. I didn't want to have to reinflict it all on her."
Taylor offered the Classons a deal: plead guilty to third-degree felony unlawful sexual intercourse, admitting sex with an underage female.
The charge carries a maximum penalty of five years in prison, and the Classons had already served more time than that. Fourth District Judge Lynn Davis ordered the men freed on Oct. 6, the same day they entered their pleas.
Utah County public defender Steven Killpack said the Classons have moved to California and have no intention of returning to Utah.
"They are frustrated, bitter - they felt an injustice had been done," Killpack said.
The brothers said they offered a ride to the victim, who was walking near a Provo park. Believing she was a prostitute, they drove her to the mountains near Springville and had consensual sex, they said. Afterward, they gave her $25 and dropped her off in Springville.
The girl - a runaway - claims the men forced her to drink beer, threatening to kill her if she did not get drunk. They then took turns raping her, she said.
The appeals court overturned the conviction after finding that none of the Classons' three attorneys understood who would act as lead counsel.
The Classons believed John Musselman - the attorney with the most experience - would represent them. But Musselman did not attend the trial, believing Cleve Hatch and Joe Alldrege were handling the case.
The trial went ahead without Musselman, over the objections of the Classons and prosecutor Taylor.
Hatch, who had tried only a few misdemeanor cases, said later he was unprepared for cross-examination because he thought Musselman would conduct it.
The appeals court said no one took responsibility for the case.
"Hatch pointed his finger at Musselman, and Musselman pointed his finger at Hatch, while Alldrege simply looked on," the justices said. The attorneys' representation was essentially "a sham . . . a pretense of an appearance."