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Clinton Hart pleaded not guilty Monday to first-degree felony murder for his part in death of his 4-year-old daughter, who allegedly died at the hands of Hart's live-in girlfriend.
Salt Lake County prosecutors say the charge is appropriate because Hart knew Vanessa Hart was being beaten and did nothing to stop it.
Prosecutors had originally charged Hart under a section of the Utah's homicide statute that implies he had a direct hand in the slaying. But following the preliminary hearing, prosecutors filed an amended charging document alleging he had an indirect involvement in the homicide, with child abuse being the underlying crime.
In addition to the murder charge, Hart, 22, is charged with two counts of second-degree felony child abuse.
The girlfriend, Marina Navarro, 21, is charged with aggravated murder, which carries the possibility of the death penalty.
Defense attorney Steven Shapiro had argued last month, following a preliminary hearing, that there was no evidence Hart knew Navarro was physically abusing his daughter. He noted that Hart's idea of punishment was to make the girl stand in the corner.
And even though Hart gave a pediatrician explanations for the girl's many bruises and scrapes by describing a number of accidents that did not match the nature of the injuries, Shapiro claimed that was not evidence of Hart's complicity. Shapiro claimed Hart was simply distraught and "racking his brains" for some explanation of what had happened to his daughter.
But Judge Ann Boyden, who presided over the preliminary hearing, said she was persuaded that Hart was "very involved" in Navarro's attempts to discipline the girl. The judge noted that Navarro frequently called or texted Hart for advice on what to do when the girl misbehaved.
Boyden also noted that, according to testimony, when Hart was called home from work on June 13 by Navarro — who claimed the girl had fallen down the stairs at the couple's Kearns home — Hart tried to revive her by running cold water across her forehead.
Hart later told police he had used cold water before to bring the girl back to consciousness, suggesting he had knowledge of other serious injuries.
What's next?
A status hearing for Hart is set for Nov. 22 before 3rd District Judge Robert Faust. No trial date has been set. Navarro, who was expected to give birth to Hart's child this month, has a scheduling hearing Nov. 9 before Judge Ann Boyden.