Southern Utah News Articles
Smart bound over for trial
Sixth District Court Judge Wallace Lee has ruled there is sufficient evidence to bind Rex Smart over for trial on multiple felony charges of sexual abuse of a child.
The cases involving charges against Smart came before the court for preliminary hearing from February 17-19, 2009 and were presented in unusually long proceedings.
Judge Lee''s decision came a month after the start of the preliminary hearing, and over a year after the chargest against Smart were filed. Most court proceedings on the case have been delayed due to discovery and motion issues between state prosecutor Kane County Deputy Attorney William Bernard and Smart''s Defense Attorney Greg Saunders.
Judge Lee ruled to bind the defendant over for trial to face charges in two separate incidences of nine first degree felonies and one second degree felony involving sexual abuse of a child. Four kidnapping charges were dismissed without prejudice.
The ruling also stated that in the court''s capacity to determine whether to bind Smart over for trial, all evidence and proceedings were viewed in light most favorable to the State, and resolving all inferences in favor of the State.
Smart''s arraignment will be on April 1. A trial date will be set at that time.