Whether you’re curious about the details of the preliminary hearing, how the defense will handle the mountain of evidence, or why even the most reviled defendants still deserve a robust legal defense, this episode will unpack the complexities and answer your pressing questions as the case unfolds.
This is what you NEED to know about how the justice system will handle the country’s highest-profile case right now.
The Basics: No Grand Jury in Utah
Utah does things differently—there’s NO grand jury. Prosecutors file charges directly, supported by a probable cause affidavit. This initial phase is all about protecting everyone’s rights, even for the accused in horrific crimes.
Why Probable Cause Matters
A probable cause statement lays out the evidence/accusations, so prosecutors can’t just grab anyone off the street. It’s a paper trail under oath of what the State knows so far.
Initial Appearance: Enter the Accused
The defendant’s first court appearance was done over Zoom/WebEx for safety (think: avoid any “Jack Ruby” moments; if you know, you know). At this appearance, charges are read out loud to give proper notice.
No Bond—And Why
Because the DA is seeking the death penalty, Utah law doesn’t allow for bond in these cases. The defense can’t even make a pitch for release.
Next Up: The Preliminary Hearing Showdown
This is the big one! It’s a live mini-trial where prosecutors have to show the judge enough evidence (probable cause) to move forward. Unlike secret grand juries, this is an open court. If prosecutors flop, the case is dismissed. Expect this hearing to be highly watched.
Public Defenders = Real Lawyers
Don’t knock court-appointed counsel! Death penalty cases require certified, highly trained lawyers. The defense gets the budget for experts—think DNA, ballistics, cyber-forensics.
Mountains of Evidence = Slow Process
With “truckloads of discovery”—every text, Discord chat, DNA swab—review takes TIME. The right to a speedy trial is for the defendant, but in reality, you can’t prep a case of this scale in a few months.
Constitutional Protections Are for Everyone
“This case exemplifies why we have these rights”—even for those accused of monstrous acts. The goal: avoid botched trials, which can lead to appeals and more pain for everyone.
Strategy Talk: What Will the Defense Do?
Expect the defense to check the client’s competency, dig into all the digital evidence, and build rapport (trust is HARD when the system appoints your lawyer). Every fact counts.
Will the Public See Everything?
Not likely. Much discovery stays in the hands of lawyers—public interest is huge, but releasing it all risks poisoning the jury pool and jeopardizing witnesses.
What’s Next? Possible Outcomes…
- Dismissal at preliminary hearing (unlikely, but possible if evidence falls short)
- Plea deal (maybe in exchange for info on other involved parties)
- Full-blown jury trial (with a death penalty phase if convicted)
The Emotional Toll on Lawyers
Even veteran defense attorneys admit: Sometimes a case hits too close to home. If emotions might interfere, you step aside. The system only works if both sides are at their best.
Bottom line:
This is the justice system in the public eye—every step under scrutiny. Don’t let the info vacuum fuel wild theories; wait for facts, demand answers, watch the legal process unfold.
Moments
00:00 Understanding Probable Cause Statements
08:12 Reduced Risks in Prisoner Transport
14:17 "Aggravating Circumstances in Question"
18:21 Court-Appointed Death Penalty Certification
26:31 Experienced Lawyers Essential for Complex Cases
31:40 "Client Transparency Crucial for Defense"
35:04 Complex Case: Speedy Trial Unlikely
40:11 Gun Dismantling Raises Trust Issues
42:58 Unfolding Case Analysis Questions
50:29 Guilt and Death Penalty Phases
54:09 Defense Strategy in Death Penalty Cases
58:26 Ensuring a Competent Legal Defense
Submit your questions to www.lawyertalkpodcast.com.
Recorded at Channel 511.
Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.
Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.
He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.
Steve has unique experience handling numerous high publicity cases that have garnered national attention.
For more information about Steve and his law firm, visit Palmer Legal Defense.
Copyright 2025 Stephen E. Palmer - Attorney At Law
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Circle 270 Media Podcast Consultants
Circle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com
