Sex abuse case to move to Iron County
 Hildale suspect's venue appeal OK'd; verdict overturned
 
By Elizabeth Carlile
ecarlile@thespectrum.com
 
BEAVER - The second trial for a Hildale man charged with rape and forcible sex abuse in Beaver will take place in Iron County.

Parley Parker Pratt Stubbs, 31, was found guilty of the felony crimes in 2001, but the appeals court overturned the ruling and the Utah Supreme Court upheld the appeals court ruling.

The appeal was based on the fact that the jury was "inappropriately selected," Judge G. Michael Westfall recalled in court Wednesday.

"We asked for a change of venue initially because too many people knew each other," Defense Attorney Ed Brass said. "That's just how it is in small towns."

The date of Stubbs' second trial has yet to be scheduled.

The alleged crime against a Beaver woman took place in 2000.

Since his conviction in September 2001, Stubbs has been in prison.

Now that the appeal is official, which Brass said was decided in the fall of 2005, Stubbs will be transported back to Beaver County Jail until his second trial.

"There is no legal authority for him to be (in prison)," Brass said.

At Wednesday's hearing, Stubbs was seeking a bail reduction so he could get out of prison or jail until his retrial.

Deputy Beaver County Attorney Leo Kanell contended that there are witnesses from all over the state and that he couldn't imagine the state taking the risk of Stubbs running into witnesses if he were released.

Westfall agreed and left bail at $1 million cash only.

"When someone is charged with a first- and second-degree felony and misses their (initial) trial date, that doesn't sit well with me," the judge said.

There were several family members in court to support Stubbs and, as he left, he thanked them for coming and said it was good to see everyone.

Stubbs told them he loved them, and many echoed a similar response.
 
TheSpectrum.com
Originally published January 19, 2006
 
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