But Peggy Hay and Patricia Hay, sisters-in-law who were left widows by a reckless driver, say a plea bargain approved by the former Duchesne County attorney denied them theirs. Now they want the Utah Supreme Court to rule their rights were violated and overturn the deal.

From speaking up at sentencings to conferring with prosecutors, Utah victims are taking on a bigger role in criminal cases. Some, including the Hays, are represented by lawyers at a free Salt Lake City legal clinic, one of eight in the nation funded by government grants.

But the justice system is struggling to catch up. New laws have guaranteed victims certain rights, but it is unclear what recourse they might have when they believe those rights have been violatedÂ.

The Hays sought the law clinic's help because they allege they were deceived about Brandon Lane's plea agreement, which gave him no time behind bars and allowed him to wipe the conviction off his record.

"He hasn't been held accountable," Patricia Hay said from her home in Arvada, Colo. "I think he should serve time in jail. He needs to pay restitution. He needs to lose his driver's license."

Former Duchesne County Attorney Karen Allen denies misleading the Hays during a meeting in Denver before the plea. "It was my understanding that we could have that kind of resolution," she said.

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Stand and be heard: New federal and state laws have altered the role of victims, moving them from witnesses to participants who have the right to be informed about significant court proceedings, attend hearings and have the opportunity to be heard.

"Twenty years ago, it was really an exception to see victims speak at sentencings," said Salt Lake County District Attorney Lohra Miller. "Now, it's an exception not to see them speak out."

Miller said her prosecutors are trained on victims' rights, and office counselors keep victims updated, especially about plea deals. Victims are encouraged to speak up in court if they disagree.

Greg Skordas, who worked in the Salt Lake District Attorney's Office when the victims' rights movement was getting under way, said prosecutors were worried victims would gain the authority to block plea bargains.

That hasn't happened, said Skordas, now a defense attorney. Victims do not control how prosecutors handle a case. But having the power to speak to judges has proved powerful. In the case of Marc Jensen, who is being prosecuted by the Utah Attorney General's Office for allegedly failing to repay investors in a bicycle business, a 3rd District judge in May rejected a plea deal because restitution wanted by the victims was not included.

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Killing the deal: Beth Campbell of Salt Lake City also stopped a plea bargain after accusing her former fiance, Jason Lee Anderson, of violating a protective order by phoning her more than 900 times in less than a year.

Campbell, who wanted Anderson to spend time in jail, compiled court and police records showing similar complaints from his former girlfriends and wives.

Salt Lake City prosecutors charged Anderson this spring with violation of a protective order, a class A misdemeanor - but then struck a deal to drop it to a class B. At a June 4 hearing, Utah Crime Victims Legal Clinic lawyer Brandon Simmons said Campbell objected. Third District Judge Deno Himonas rejected the deal, noting domestic-violence cases often are difficult to prosecute.

"It seems to me where you have a victim who is willing to testify in the case and the city isn't making any basis for a reduction, that it is not appropriate for me to accept the plea," he said.

Prosecutor Steven Newton, assigned the case shortly before the hearing, said he thought Campbell supported the deal and was not upset when she derailed it.

Anderson pleaded guilty to the class A misdemeanor, and in late July, he was sentenced to one year in jail - the maximum.

Campbell hopes her fight protects other victims who have been too frightened to speak up in court.

"I'm the only one who had the nerve to stand up to make sure he doesn't get leniency," she said.

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Hurting defendants? But defense attorneys worry empowering victims may infringe on a defendant's rights.

Robert Engar, Anderson's lawyer, does not object to Campbell's advocacy. But he points out that generally when victims raise claims at plea hearings or sentencings, defense attorneys cannot question them under oath. In Anderson's plea deal, Engar noted, he admitted to making only one phone call.

Salt Lake City defense attorney Mary Corporon adds, "My concern is that prosecutors will listen to victims who advocate harsh punishment and are not as likely to listen to victims who are arguing for leniency."

Jon May, co-chairman of a defense law committee of the American Bar Association, says changes in court rules that often permit victims to remain in a courtroom throughout a trial can be unfair.

"There's no reason the victims shouldn't be excluded until they've testified themselves," said May, speaking for himself, not the committee.

Three former judges, including Scott Daniels, who spent 10 years on the 3rd District bench, agreed a victim's statement might change sentences in some cases. But that doesn't erode defendants' rights, Daniels said.

"To me, it was important that [victims] be heard," he said.

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Flaws remain: Still, few victims have their own lawyers and few successfully change a plea deal.

The Utah Crime Victims Legal Clinic has handled about 200 cases in the past three years, chiefly involving sexual assault or domestic violence.

While some victims ask for stiffer sentences, others want leniency.

"At first, I thought victims would want long sentences, but being treated with respect and fairness is most important," said director Heidi Nestel, a former prosecutor.

Clinic lawyers argue for new sentences or restitution; go to court with victims to help assert their rights; and fight defense subpoenas for victims' personal records, such as psychiatric reports.

Victims without access to such help often have no recourse if their rights are violated, according to Russell Butler, executive director of the Maryland Crime Victims' Resource Center. Laws provide remedies only for defendants whose rights are violated, including a new trial or a resentencing.

"We're re-victimizing victims for making them think they have rights and then not enforcing it," Butler said.

Paul Cassell, a former Utah federal judge now teaching at the University of Utah, said the federal Crime Victims' Rights Act of 2004 was a step forward, but he notes only 5 percent of criminal cases filed nationwide are in federal courts.

"We have these promised rights, but it didn't work the way it was intended," Cassell said. "Now we have a third party. We have to figure out how it will work."

Debate over a federal constitutional amendment - which would cover all cases - will come to the forefront later this fall, Cassell expects, with the upcoming release of a Government Accountability Office report on the treatment of victims in federal courts.

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A family's fight: For Peggy Hay, every step in the fight to overturn the plea deal in her husband's 2005 death in Duchesne County reminds her of the loss she suffered. Her husband of 42 years was a wonderful father and grandfather who loved being with his family, she said.

With her daughters, she is now running the family's machine shop in Longmont, Colo., but feels committed to the legal fight, hoping it will also help future victims.

"We certainly would not want this to happen to anyone else," she said.

Patricia Hays, who was married 39 years to John, agreed, saying: "I will follow this through until the end. It really needs to go this far."

pmanson@sltrib.com

* Utah: The Victims' Rights Amendment to the Utah Constitution mandates that victims of crime be treated with fairness and respect, be informed of important court hearings and be allowed to attend them, and be heard at the hearings. Sentencing judges in many cases can consider information from victims.

* National: The federal Crime Victims' Rights Act of 2004 provides the right to be reasonably protected from the accused, to be notified of court hearings, to not be excluded from most court proceedings, to be reasonably heard at hearings involving release, plea, sentencing or parole, to confer with the prosecutor, to get restitution, to have proceedings free from unreasonable delay and to be treated with fairness and respect.

Help for Utah victims

* In addition to restitution defendants must pay, the Utah Office of Crime Victim Reparations administers about $6 million for victims who meet certain conditions. Covered expenses include medical care and counseling, funeral expenses, relocation costs, lost earnings and child care.

* In fiscal year 2007, the office received 6,730 applications and approved more than 80 percent.

* Victims who believe their rights have been violated can go to local victims' rights committees and then to the Utah Council on Victims of Crime, which will try to resolve the dispute. If it can't, victims might be referred to the Utah Crime Victims Legal Clinic.

"At first, I thought victims would want long sentences, but being treated with respect and fairness is most important."

- Heidi Nestel, a former prosecutor who is now director of the Utah Crime Victims Legal Clinic