This is an archived article that was published on sltrib.com in 2011, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
Holding a photograph of her slain great-granddaughter, Linda Romero said the case against the girl's father had gone on too long.
But the sentencing for Clinton Joseph Hart, 22, of Kearns, was postponed Monday because of problems with his pre-sentence report.
"The state has engaged in sentencing by ambush," defense attorney Steven Shapiro told 3rd District Judge Robert Faust.
Hart's report claimed he was "responsible for the infliction of injuries" against his 4-year-old daughter, Vanessa, who died in June 2010. In pleading guilty last month to a reduced charge of child abuse homicide, Hart "bears certainly some responsibility for what happened" for not protecting his daughter, Shapiro said, but did not cause her injuries.
Hart was at work when police say his live-in girlfriend, Marina Navarro, delivered the fatal beating. But prosecutors have alleged Hart knew of the abuse and tried to cover it up.
Navarro, 22, called police on the morning of June 13, 2010, after Vanessa suffered fatal head and abdominal injuries, police said.
Navarro pleaded guilty last month to first-degree felony murder as part of a plea agreement that eliminated a potential death penalty.
From the beginning, Hart was "overcharged," Shapiro said. Hart is now scheduled to be sentenced Aug. 8.