Attorneys argue Utah County is failing to adequately fund defense in capital murder case

SALT LAKE CITY — A man charged with capital murder in the death of a Santaquin police sergeant is now suing Utah County, claiming it is not adequately funding his defense.

Michael Aaron Jayne, 44 of Garrett, Indiana, is accused of killing Santaquin Police Sgt. Bill Hooser on May 5, 2024. He left a traffic stop in a semitruck he was driving, flipped around on I-15's northbound lanes near Santaquin and drove into Hooser, according to charging documents.

Jayne's attorneys, Rudy Bautista and Johnathan Nish, have been involved in multiple high-profile cases in Utah. While it is typical for a defendant to not present evidence during a preliminary hearing, Jayne's attorneys called multiple witnesses during his preliminary hearing on March 26.

Bautista claimed Jayne did not see the officer and it was not an intentional murder. The attorney said he presented evidence to lay a foundation that might lead prosecutors to reassess their decision to seek the death penalty. The judge will decide whether to order Jayne to stand trial following a hearing on June 18.

A failure in funding

Jayne's complaint alleges the county is failing in its duty to provide "constitutionally adequate representation" in his case. The federal lawsuit was initially filed on Feb. 6, with an amended complaint filed Wednesday. Utah County has not yet filed a response.

"When the state seeks to execute someone, they have the responsibility to provide for a high-quality defense," Elizabeth Wang said in a statement. "This is a core tenant of our justice system. Utah County is failing in that duty in this case."

She is one of the attorneys representing Jayne in the civil lawsuit. The complaint says the county's refusal to provide sufficient funding has "severely compromised" his defense.

Jayne was found indigent so the judge ordered a public defender be appointed. The Utah County Public Defender's Office was unable to take on a death penalty case and contracted with an outside attorney. The complaint alleges the county's offers to potential capital defense attorneys are "generally take-it-or-leave-it," as was the case here.

The complaint said the attorneys need freedom and resources to provide adequate capital defense representation, citing the finality of a death sentence.

"Attorneys representing clients charged with aggravated murder cannot do only a good enough job. They must explore every option and give their very best to their clients until they have succeeded in saving their client's life," the complaint says.

It said the contract for Bautista and Nish has a cap of $200,000 for attorney fees and $140,000 for mitigation and investigation expenses. Bautista would be paid $225 an hour and Nish would receive $185 an hour, both significantly less than their typical billing rate, which is $595 and $450 respectively. The contract also implemented caps on the amount paid during each phase.

The contract says Utah County can authorize additional payments with "a showing of exceptional circumstances," but according to the lawsuit each request has been denied. It said Nish reported not billing all of his hours because of the caps.

The complaint also alleges the county has refused to pay for expert witnesses upfront, and the attorneys are not sure they will be reimbursed for each payment they send — a burden prosecutors do not have.

"It is inexcusable that the state (and counties) continue to insist that offering rock-bottom contracts for defense in the most serious cases is acceptable. ... If they don't want to pay for high quality representation, they should not be trying to kill them," attorney Neal G. Hamilton said.

Disparity among other capital cases

The complaint points out the significant difference in funding Jayne's death penalty case and Tyler Robison's, the man accused of killing Charlie Kirk facing capital murder charges in the same county.

Just weeks after Kirk's death, Utah County approved a $1 million contract for Robinson's defense, including three attorneys each with higher rates than Bautista and Nish. Robinson's defense contract also provided funds for a research assistant and paralegals, no hours or investigation caps and compensation for travel costs.

In February, Utah County officials asked state lawmakers for an additional $2 million for ongoing prosecution and defense costs in Robinson's case.

As of April 13, Utah County has paid Robinson's defense counsel almost $600,000, three times the amount allotted to Jayne's entire case, the lawsuit says.

It says this shows the county "is fully aware of how expensive a death penalty case can be," and argues there is no reason for the disparity.

"Utah County is apparently willing to provide that when eyes are on them for Tyler Robinson's trial, but it appears they have no interest in allowing Mr. Jayne to mount a full defense," Wang said.

The complaint asks for the contract with Jayne's attorneys to be amended to have no caps, hourly rates matching Robinson's attorneys and funding for more expert witnesses, additional staff and travel costs.

Utah County Commissioner Skyler Beltran said in response to the lawsuit: "We are committed to safeguarding constitutional rights while carrying out our duties responsibly and in accordance with the law. Our jail administration and defense processes adhere to the highest standards."

In addition to aggravated murder, Jayne is charged with two counts of attempted aggravated murder and aggravated kidnapping, first-degree felonies; three counts of theft of a vehicle, a second-degree felony; property damage, two counts of failure to stop at the command of police and attempted theft of a firearm or vehicle, third-degree felonies; and misdemeanors for reckless endangerment, possession or use of a controlled substance, driving under the influence.

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