RockSlider wrote:https://www.youtube.com/watch?v=-PHVjwxqS6Y
Mike $1,000 six months in jail?
Not anymore. I attended his trial.
The court had never seen anything like this sort of interest in a mere bench trial for a Class B misdemeanor. They had received lots of phone calls about it and were worried that there would be some sort of commotion. So, rather than the usual bailiffs, they had five(!) South Jordan police officers performing bailiff duty. (One of whom was an asshole of incredible proportions, but that's neither here nor there).
There were so many people there that we couldn't all fit into the courtroom, so they had a lottery beforehand. Everyone picked a slip of paper out of a bowl, and if your paper had a number printed on it, you got to go in. I was fortunate enough to get a number. I'd say about 2/3 got in, while the other 1/3 had to wait outside. Two rather famous individuals were in attendance: McKenna Denson, of MTC President / Basement fame, and Sam Young, founder of the Protect LDS Children movement.
Several of us, including me, had pads and pens in order to take notes of the proceedings. But so paranoid were they about spycam-mounted pens that they gruffly told us to put all pens away. To force compliance with this, one of the officers constantly walked up and down the short aisle, watching each of us like a HAWK and making eye contact whenever possible. It was borderline-surreal.
If you include the two ten-minute recesses, the trial lasted two hours and 40 minutes, which had to be a record for a mere Class B misdemeanor. Three witnesses were called--the two individuals who had handed Mike the supposed
persona non grata, or no trespassing notifications, and the church security officer who originally detained Mike. Interestingly--and perhaps highly abnormally--a high-up attorney with Kirton McConkie itself (the law firm that the church employs)--
Daniel McConkie, note the last name--sat directly behind the prosecutor and occasionally leaned forward and consulted with, or perhaps coached, him (I thought that this happened during the actual trial, but someone else corrected me by saying that it happened only during the recesses, so now I'm doubting my memory). One of the arresting officers' body camera footage was played, too.
In the end, due to the body camera footage proving that Mike was cooperative and non-confrontational, combined with the fact that there was neither injury nor damage, the judge didn't sentence Mike to any jail time at all (as was routine in all the hundreds of criminal trespass cases he'd handled in the past, he pointed out). Instead, the usual $680 fine was given, but the court (a.k.a. non-supervised) probation was upped to 24 months instead of the usual 12 due to the prosecutor's insistence on a deterrent.
So, although Mike technically lost, he avoided jail time.