Did you see my post at 163-4, gc? If my impression is correct, his crime may not be a capital offense. As I said, my impression so far is that aggravated murder is the only death-penalty-eligible type of homicide in Utah. Also, scroll down to the bottom of post 164 and take a gander at sections (3)(b)(i-ii) in which it is stated that emotional distress arising from mental illness or from the defendant's own conduct does not mitigate the offense.
Lady lawyer, any commentary you can make here concerning implications for insanity plea, likely bill of charges, or any corrections/additions to Utah homicide law would be welcomed and most appreciated -- as would any light you can shed on local info such as driving distances/routes/times from Bountiful to Hacking address, Memory Grove to Hacking address, Maverick Country Store hours, etc.
Bonaparte, I haven't yet been able to find the article I read where the Hackings were at the party on Sunday night until 8:30-9:30. I know I read that and some Freepers were talking about the fact that he had to work the night shift.
According to the second article below the clerk says Mark and Lori came into the store between six and nine p.m. Sunday. I would say it was more like 9 p.m. if what I remember about the time they left the party is correct.
But I am really confused with these two stories. One says Mark came in alone the other said they both came in.
Portion of article from My posting at #166
From Deseret News • An employee at a Maverik store near the Hackings' apartment said Mark Hacking entered the store by himself the night of July 18, the day before Lori was reported missing. That's the night the Hackings attended a housewarming party in Bountiful, the last time anyone confirmed seeing Lori alive."
Now according to this article.
According to reports in the Deseret Morning News and from KSL NewsRadio, a clerk at a convenience store near Mark and Lori Hacking's apartment says the couple came in between six and nine p.m. Sunday night, the day before she was reported missing.
I don't know much about criminal law, but I think you're right about aggravated murder being the only capital felony. However, it seems to me that if he killed her to perpetuate or cover up his lies, or to avoid supporting a child that is "pecuniary or other personal gain."
Also, you'll be interested to know that criminal homicide includes the killing "an unborn child at any stage of its development." So, if they can confirm the pregnancy, he'll be facing two counts.
Maverik is open very late -- maybe all night long. I'm not sure. They're all over the place. I have no idea where the one is that he stopped at. The local news is reporting that the clerk told police that Mark came in all the time to buy cigarettes, and he told the clerk not to let his wife know that when they stopped in Sunday evening to buy sodas.
Mormons don't smoke. He might have lied about that at some time to participate in some of the things that require complete observance. Not a big thing compared to murder, of course, but says something about basic character.
I can look out my office window and see the entrance to Memory Grove, and the Hacking apartment is about five blocks from here. I'm sure it took less than five minutes to get from the apartment to Memory Grove. Bountiful takes about 15 minutes, with probably another 5 or 10 minutes to get up into the hills above Bountiful.
One interesting new thing I learned today. I talked to my daughter in Portland for the first time since all this happened. She is the closest in age to Mark and Lori.
I've said before that one of my daughters knows Mark's sister Sarah, and another knows his sister, Julie. Both of them were, according to my girls, the nicest people imaginable, and complete straight arrow. My daughter in Portland was one year younger than Lori, and two years younger than Mark. She used to go out socially in a group that included Mark's younger brother, Chad. Again, Chad was an incredibly nice young man.
But she said that Mark used to hang out with boys that had a little bit of a reputation for misbehavior, and seemed quite impressed with himself. She had the sense that Mark was different than the rest of his family. It's very possible that he wasn't living up to the requirements to go on a mission, and lied about it in order to go. Again, just speculation. But this is the first time I have heard anything other than that Mark was just like the rest of his siblings.