OGDEN -- The state Medical Examiner will not be allowed to say the blood in the water would have looked like a shark attack at the coming second trial in the 2011 fatal boating accident that killed swimmer Esther Fujimoto.
That was decided Wednesday among a number of pretrial issues pending before 2nd District Judge Ernie Jones.
He'll preside over the three-day trial that begins Feb. 11 for Colton Raines and Robert Cole Boyer.
Co-defendant Skyler Shepherd, owner of the boat, was sentenced by Jones to 21/2 years in Weber County Jail last week after his conviction at trial last month.
A six-member jury found Shepherd guilty of reckless endangerment and obstruction of justice, both class A misdemeanors, and failure to render aid, a class B misdemeanor, for leaving Fujimoto dying in the water at Pineview Reservoir.
Raines faces the same charges, while Boyer is charged only with obstruction of justice.
Raines was driving when the boat hit Fujimoto on Aug. 21, 2011, according to testimony.
But Shepherd took the wheel to motor from the scene, the men claiming they didn't know Fujimoto was chopped up from the waist down by the boat propeller, with one leg nearly severed.
Defense attorney Rebecca Skordas on Wednesday argued that state Medical Examiner Todd Grey's "like a shark attack" testimony during Shepherd's trial was prejudicial and outside his scope without establishing his aquatic expertise. The phrase was objected to during Shepherd's trial, and prosecutors Wednesday assured the judge it would not be an issue in the upcoming trial.
Jones denied Skordas' request to keep the autopsy report from the jury, she arguing that Grey's testimony from the stand about the extent of Fujimoto's injuries should be sufficient.
Jones said he's aware of no case law regarding excluding an ME's report.
"This is the first time I can remember anyone objecting to it," the judge said.