VIDEO: Judge denies state pay for expert witnesses in Ogden murder case
Victoria Mendoza appeared in court in Ogden on Monday, December 22, 2014.
Victoria Mendoza listens as her attorney speaks during a preliminary hearing at Ogden 2nd District Court on Monday, Nov. 24, 2014.
OGDEN — The father of Tawnee Baird who was stabbed to death said the woman charged with the murder should have considered the consequences of her actions before asking for a better attorney or having the state pay for expert witnesses.
Casey Baird spoke briefly to the media following a hearing for Victoria Mendoza on Monday before Judge Joseph Bean.
“Maybe Ms. Mendoza should have thought about this before she stabbed my daughter 46 times,” Baird said. “Maybe she could have afforded a better attorney or something.”
Baird said Mendoza, 22, charged with murder is entitled to a public attorney but she chose to hire private counsel instead.
Police say Mendoza admitted to killing Tawnee Baird, 21, who died on Oct. 18. Mendoza told police she and Baird were fighting while driving on Interstate 15 when she “lost it,” pulled out a knife and began stabbing her girlfriend, according to a probable cause statement.
An autopsy revealed Baird, who was driving at the time, suffered 46 stab wounds, prosecutors said.
A one-day preliminary hearing was scheduled for Feb. 27.
Mendoza, through her attorneys, Michael Studebaker and Sean Hullinger, was asking Bean to rule she is entitled to have the state pay for investigators and expert witnesses. Mendoza’s family hired Studebaker and Hullinger to represent her.
Bean did rule that Mendoza is indigent based on documents submitted to the court by her attorneys.
The hearing, which was scheduled to last 30 minutes, lasted more than an hour.
The defense attorneys also had filed a motion asking Bean to order prosecutors to hand over all evidence to the defense.
Bean ruled the state does not have to pay for any investigators or expert witnesses for Mendoza, saying she like other defendants, has to weigh if the cost of private counsel outweighs the benefits of public defense.
He also ruled that he would not order the prosecutors to hand over evidence because there are already rules on the books requiring prosecutors hand over evidence. Bean said if prosecutors do not hand over evidence then there are definite consequences for them not complying with the court rules.
Studebaker said after the hearing, he plans to file a motion that would stay the judge’s rulings until a ruling on another case is made by the Utah Supreme Court.
Studebaker said the state has unlimited resources to tap into for investigation, while those charged with a crime do not.
“Ms. Mendoza is still innocent,” Studebaker said. “The case has not gone to trial and she has not been proven guilty at this time.”
Hullinger said in court the way he interprets Utah’s code, counties should provide more than just attorneys for those who cannot pay for their own.
Prosecutors argued Mendoza has the right to have the state pay for her defense resources, but she has to go through the process and she does not have the right, if she is using a public defender, to pick and choose attorneys.
Studebaker also claimed in court and outside of the courtroom, he does not know if prosecutors are giving him all of the evidence.
“I don’t know what (prosecutors) have,” Studebaker told the judge. “They have an open file policy, but they can put whatever they want in there.”
Deputy Weber County Attorney Benjamin Willoughby said prosecutors make copies of everything they have received and have already turned over 260 pages of documents, along with a stack of discs.
He said an order would just be redundant to the rules already in place requiring prosecutors to give defense attorneys access to all information.
Willoughby said Studebaker has picked up and signed for evidence at his office on Nov. 4, Nov. 14, Nov. 18 and Dec. 2.
“We actually handle criminal cases every day, even when Mr. Studebaker is not there,” Willoughby said.
Studebaker said for prosecutors to object to his motion makes him think they “have their hand in the cookie jar.”
Contact reporter Loretta Park at 801-625-4252 or lpark@standard.net. Follow her on Twitter at @LorettaParkSE. Like her on Facebook at http://www.facebook.com/SELorettaPark.