Sex abuser is no-show at sentencing
'Just a scheduling error,' his attorney assures the court
A warrant was issued, then recalled after his attorney clarified with prosecutors and the court that there had been a communication glitch.
"It (was) just a scheduling error," said Carolyn Howard, attorney for Grant Hildreth. "But (sentencing is) still set for the 30th, just like it always was. All the motions will be heard then."
Howard said she had talked with prosecutor Alex Ludlow and Adult Probation and Parole about the rescheduling because AP&P needed more time to complete the pre-sentence report.
Hildreth's case will actually be heard Monday at 11:30 a.m., when Howard will argue several motions — including a motion to stay sentencing while an appeal is pending.
Howard has appealed Hildreth's guilty verdict to the Utah Supreme Court, arguing that the case against her client was prejudicial because of the other four charges that were dismissed by the jury.
"We believe that it was prejudicial to Dr. Hildreth to wrap up all of the charges together," she said. "It is guilt by association. If we can move forward solely on those two charges we believe that we can win it."
The official sentencing is still set for May 30, both attorneys said.
Ludlow said he will be presenting the argument on Monday that it's now up to Hildreth to prove why he should be out of custody after being convicted.
"Statutes provide that once an individual is convicted of a crime, they should be incarcerated unless (they) are able to present evidence that either A, they're not a flight risk or B, they're not a risk of danger to the community," Ludlow said. "I think that's what we're going to be looking at, whether or not those conditions exist."
There had been some concern abut Hildreth's participation with Adult Probation and Parole because he was ordered to report for a report no later than March 27, but allegedly didn't appeal until April 3.
Howard insists he has been perfectly compliant and reported to the Provo office by March 27, and was directed to go up to Salt Lake City, where the report would be done.
She said he has a new appointment with AP&P on May 9 and she will be attending with him.
E-mail: sisraelsen@desnews.com
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