Utah Supreme Court » Ruling says defense lawyer was ineffective.
By Pamela Manson
The Salt Lake Tribune
Updated: 01/05/2010 07:50:52 PM MST
The Utah Supreme Court on Tuesday ordered a new sentencing hearing for Mark Anthony Ott, who is serving a prison term of life without parole for killing a 6-year-old girl by setting fire to his estranged wife's Layton home.
In a unanimous decision, the high court said Ott's court-appointed defense lawyer was ineffective because he failed to object to victim-impact evidence -- including a six-minute videotape featuring pictures of Lacey Lawrence and testimony from the girl's family about the devastating effect of her death.
Laura Dupaix, an assistant state attorney general, said a new sentencing could "take a terrible toll" on the family.
"We thought this was a particularly horrific act of domestic violence," she said. "From our perspective, he's a violent man who should never be released from prison."
Davis County Attorney Troy Rawlings stressed Tuesday that the ruling affects only Ott's murder sentence. He said Ott's other sentences still stand, including two terms of up to life for attempted aggravated murder and aggravated arson.
His office "is committed to ensuring that this still-convicted murderer is never set free," Rawlings said.
Ott, now 45, was allowed to enter a so-called Alford plea to capital murder in the 2002 death of Lacey, the daughter of his estranged wife's boyfriend. Under the plea, which was made to avoid the death penalty, he admitted only that there could be sufficient evidence to convict him.
At a 2004 sentencing hearing, defense attorney John Caine made no objection as Lacey's family members gave their opinions on Ott's character and the appropriate sentence.
The jury, which had the option of voting to sentence Ott to life with the possibility of parole after 20 years, decided he should never be free.
In an appeal, attorney Elizabeth Hunt contended that Caine, who died in 2007, was ill-prepared for the sentencing hearing.
Dupaix responded that Caine was an experienced attorney who had handled numerous murder cases and made strategic choices on what to present to the jury.
But the Supreme Court opinion said the failure to object to the victim-impact evidence "cannot be construed to be a component of any rational defense strategy."
On Sept. 1, 2002, Ott cut the phones lines at Donna Ott's home, where she and five others were sleeping, according to court records. He broke down the back door, ran to his wife's bedroom and began stabbing Donna Ott's boyfriend, Allen Lawrence.
When Ott's stepdaughter, Sarah Gooch, tried to help, he stabbed her, too. He then poured gasoline inside the home and lighted it. Everyone escaped but Lacey, who was missed in the chaos.
pmanson@sltrib.com
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