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It could be years before the gunfight that killed one Ogden police officer and injured five others is presented as evidence at trial, but already the January shootout has turned into a public relations battle between the defense and prosecution.
The feud — which has played out online, in court filings and during a peculiar news conference — is a rarity for Utah, but may become commonplace: Experts say that more than ever, the court of public opinion matters.
"If you go back six or seven years, the walls of the courtroom defined the boundaries of a courtroom," says Phil Anthony, CEO of DecisionQuest, a trial consulting firm. "A layperson or a juror would come in, and their view of a trial was whatever was within the walls. Today, the walls have come down."
As old library stacks are replaced with fingertip access to information, it is becoming increasingly prudent for prosecution and defense to make their cases to the public, experts say. And, particularly in high-profile cases, the impacts at trial are real in terms of affecting the opinions of prospective jurors.
The defendant's family has created a website dedicated to 37-year-old Matthew David Stewart's defense. The site features pictures of a smiling Stewart, an explanation of the shooting and a tribute to the slain officer, Jared Francom. Stewart's supporters have also taken to Facebook, creating a group with nearly 400 members.
Meanwhile, the Weber County Sheriff's Office created a 20-minute tribute to the fallen officer and his injured colleagues, which was distributed to law enforcement agencies and made available online to the public.
And despite his office's request for a gag order in the capital murder case, Weber County Attorney Dee Smith last week called a news conference to defend his office's handling of the case. Smith also accused defense attorney Randy Richards of "shenanigans" after the attorney claimed in motions that the prosecution was not forthcoming with discovery, allegations picked up by media around the state.
"It's important to me the public knows that everything is being preserved — carefully, meticulously preserved — so things can be analyzed, and so everything can be presented in a court under the appropriate circumstances," Smith said at the news conference.
Smith, Richards and Stewart's father did not respond to requests for comment for this story.
Kent Hart, executive director of the Utah Association of Criminal Defense Lawyers, said defendants have to "be smart" when taking their story public, but said "it's something a reasonable defense lawyer should consider, whether to try the case in the court of public opinion. The Weber County attorney is certainly trying the case in the press."
Anthony said the more information that is available, the easier it is for potential jurors to access it — something he said happens more often than people might believe.
"The reality is, it's human nature," he said. "People don't think they're doing anything wrong. They're just trying to become more educated. They actually think they're doing a good job."
Christine Ruva, a professor of psychology at the University of Southern Florida, has studied pretrial publicity and says it has a real effect on trial outcomes.
During voir dire, attorneys question prospective jurors about their backgrounds, weeding out many of the unfit or unfavorable. Jurors are also asked if they have been exposed to information about the case that would affect their ability to be impartial.
"Judges try to find ways to keep jurors, if they're willing to say they can set aside what they've heard and haven't made a decision and can make an unbiased decision," Ruva said. "The social science research suggests it doesn't work. If we're exposed to information, it's going to influence us."
Ruva's research on pretrial publicity has found that jurors exposed to a mix of both pro-defense and pro-prosecution coverage tend to favor defendants.
"But if the defense didn't answer to the prosecution's claims early on, it was really hard to overcome a pro-prosecution bias. ... It might be wise to do so just because of the fact that traditionally prosecution and police can get their story out but defendants aren't really able to do so."
The case so far
On Jan. 4, the Weber- Morgan Narcotics Strike Force served a knock-and-announce warrant at Stewart's home on Jackson Avenue in Ogden. According to court records, the officers entered the home when no one answered. Prosecutors say Stewart then appeared from a hiding spot and began shooting with a 9 mm pistol. The shooting killed Agent Jared Francom and wounded five other officers.
In a jailhouse interview with The Salt Lake Tribune, Stewart said he was shot twice. Stewart also said he thought people were breaking into his home to "rob and kill me."
He has been charged with capital murder and other felonies. Prosecutors have said they intend to seek the death penalty.
Police were investigating Stewart for growing marijuana in his home. Court records show 16 marijuana plants were found in the home.