Long delays in Capitol murder trials such as Kent Cody Barlow are not unusual

SALT LAKE CITY (KUTV) — It's been more than two years since 3-year-olds Odin Ratliff and Hunter Jackson were killed when Kent Cody Barlow crashed into the stall where the boys were playing, according to prosecutors. And now the trial is being postponed again.

The delays frustrated the boys' families and even the judge.

According to defense attorney Skye Lazaro, it's not unusual for a case to take this long to go to trial. She said it's about the average time for a case like this.

Lazaro is not involved in this case and understands the frustration of the boys' families who want a solution.

She said it was not unusual for cases as serious as this to take a long time to reach court.

“875 days of waiting for justice and now there is still no trial,” the mother of one of the boys said in court on Monday.

For the families of Odin Ratliff and Hunter Jackson, further delays mean further reminders of what happened to the two boys.

“Every time we go to court, we are reminded of how many things happened in this case that should never have happened,” the mother said.

The latest delay comes because public defender Ben Aldana was allowed to withdraw from the case after the Utah Supreme Court ruled that Judge Robert Lund “exceeded his discretion” in forcing Aldana to remain in the case after his father's death.

Lazaro said it was important that the defense had a competent lawyer.

“If he is convicted and on appeal he files a motion for ineffective relief, citing everything that has been brought forward recently, and the Supreme Court agrees with him, he will get a new trial,” she said.

On Monday, Barlow's new defense attorney, Justin Morrison, said he would not be ready to take on the case until March or April at the earliest, which would mark nearly three years since the children were killed.

Lazaro says this period of time is necessary.

“I can't imagine taking on a case like this,” she said. “If I were told, 'This is your case, you're going to court,' I would make the same argument.”

Lazaro understands that it feels like an eternity to victims, but she says it's not uncommon in the legal system for a capital crime to take more than two years to go to trial.

Lund's term expires at the end of the year and a new judge will be assigned to the case. It is not yet clear who that will be.

Lazaro said this should not cause any delays or change the strategy of either side, as ultimately the jury will determine the facts.

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