Utah County Legal professional sued after he dismissed a stalking charge in opposition to a political donor

Alicia Koehler just wanted her case to go to demo. She had been stalked for many years, she advised police. She necessary a jury to make a decision if the man she had briefly dated was responsible and would confront implications.

But when she met with Utah County Lawyer David Leavitt in July 2020, he urged that they test and solve the circumstance without the need of a conviction, in accordance to a lawsuit filed in federal courtroom Tuesday. He imagined it would be finest for her, he explained to her, so that she could go on.

There was a instant in that conference, she later recalled, that built her come to feel unwell to her belly: Leavitt disclosed that the accused stalker had donated to his campaign for lawyer general. The man experienced also absent on a church mission with Leavitt’s brother, the county lawyer stated.

“I was thrown off guard a little bit,” she mentioned in an job interview. “I did not truly feel like he was on my side.”

Leavitt finished up dismissing the third-degree felony case versus the person Koehler accused, even though it was refiled a year later. The criticism filed Tuesday accuses Leavitt of partaking in “illegal, discriminatory and abhorrent conduct” to gain a political donor and family friend.

Leavitt, who has served as the Utah County attorney due to the fact 2019, told The Salt Lake Tribune on Tuesday that he does not believe he did something incorrect, noting that the campaign donation from the guy was less than $50.

“You’ve received to use your common feeling in this article,” he claimed. “If term will get out you can conflict an aggressive prosecutor out of a circumstance for $50, you will have anyone and their pet donating $50.”

Koehler’s attorney is now inquiring a federal decide to ban the Utah County Attorney’s Workplace from dealing with the circumstance.

“Stalking victims need to have to be taken significantly and their safety must be prioritized,” Koehler’s lawyer, Michael Young, claimed. “Failure to do so is a breach of community believe in and a elementary failure for one particular holding community business office.”

Stalking allegations

The lawsuit revolves around a criminal circumstance involving a gentleman whom Koehler had secured a stalking injunction from in 2016.

Utah County prosecutors alleged a few decades later on that the man had violated that injunction, and he was charged with a third-diploma felony. Court docket data display the man despatched an unsolicited e mail to Koehler in December 2018, which provided excerpts together with, “very tough for me to comprehend how hard you have been on me … You have created me out to be the demon … Why you have despised me and ruined my hope for pleasure, not known.”

Prosecutors famous at the time that he went to football game titles that Koehler attended with her household — inspite of Koehler telling him that she didn’t want him there. He uncovered out where by she lived, prosecutors alleged, and despatched her unwelcome gifts on quite a few situations.

Lance Bastian was the at first assigned to prosecute the stalking situation. He recalled Tuesday that the suspect and his defense lawyer achieved with him the moment, toting a huge suitcase full of binders. The defendant instructed him there was much more to their connection than Koehler experienced let on.

Bastian mentioned he wasn’t swayed by the meeting.

“I just saved expressing, ‘If you didn’t believe the injunction was valid, you ought to have challenged it,’” he said, “‘not violated it.’”

Shortly following that conference, Bastian stated Leavitt named him into his business office and handed him a binder of resources to assessment for the situation, inquiring him to see if what was inside of modified his mind about prosecuting it.

Leavitt claimed the binder had appear from his brother, who had served a mission with the defendant. Leavitt hadn’t read it, he mentioned, but passed it on to Bastian to assessment.

The resources within seemed to have been well prepared by the defendant, Bastian said. They incorporated “self-serving statements,” descriptions of the man’s romantic relationship with Koehler and some legislation enforcement records.

At the time Bastian reviewed the products, he informed Leavitt he continue to felt the case was potent and should be prosecuted.

“Well, that remaining the situation, I’m going to go in advance and assign it to myself,” Bastian recalled Leavitt saying.

“It was particularly uncommon for him to get on a scenario like this,” Bastian mentioned in an interview. “He did not have any variety of typical caseload.”

Leavitt stated he took the scenario on since he was concerned about the defendant publishing destructive remarks about Koehler online. He explained he at times receives concerned in situations that his office prosecutes if a citizen brings up considerations about them. In this circumstance, he stated he read from his brother, the Utah County sheriff and the man’s protection law firm.

He added: “I did not order Lance Bastian to get rid of the scenario.”

Bastian was in no way associated in the circumstance again, he reported. As the months went by, he would sometimes look it up, expecting it to be dismissed.

“That was obviously what he preferred me to do with it,” Bastian said. “He needed me to dismiss it and I didn’t really feel I had any foundation to dismiss.”

Bastian still left the Utah County Attorney’s Business in August 2020, in portion due to the fact of the way Koehler’s scenario was managed, he said. He had prosecuted intercourse crimes, and explained he also opposed a choice Leavitt designed to combine fewer-experienced prosecutors into the exclusive victims unit who did not want the position.

“I was a occupation prosecutor,” Bastian mentioned. “And I in all probability would have stayed there my whole profession but for David Leavitt coming in.”

A recorded assembly

Koehler discovered out by way of a sufferer advocate that Leavitt had taken about the stalking scenario. She recalled in an job interview that she immediately felt concerned, noting that she had noticed her accused stalker put up comments on Leavitt’s Fb webpage in help of the county attorney’s reform policies.

So Koehler achieved with Leavitt in July 2020. And she recorded their dialogue in his place of work.

According to that recording, Leavitt commenced their discussion by telling Koehler that he “took” the circumstance from Bastian, “because each individual time I convert about, I’m acquiring bombarded by somebody with this circumstance.”

Koehler expressed her apprehension, bringing up the defendant’s posts on Leavitt’s Facebook web page.

“I’m just stating he is a large supporter of you and fan,” Koehler explained to Leavitt, in accordance to the recording. “This is incredibly regarding to me.”

In response, Leavitt mentioned that when he was the Juab County Lawyer, he prosecuted men and women whose property neighbored his and brought scenarios against other folks who held prominent positions in his ward inside of The Church of Jesus Christ of Latter-day Saints.

When Koehler reiterated her issue, Leavitt instructed her that if he prosecuted his political opponents, “they would also say which is a conflict of desire.”

“It’s just — it is what it is,” he advised her.

Afterwards, Leavitt can be listened to saying that the alleged stalker donated $49.99 to Leavitt’s unsuccessful 2020 campaign for lawyer common and told her that the person had also accompanied his brother on a church mission.

“I received nothing at all to conceal here,” he said.

Leavitt at the time went on to stage out that using the scenario to demo would consider lengthier than common, because jury trials had been place on hold thanks to the COVID-19 pandemic. That hold off could function as an advantage in persuading the defendant to arrive to an arrangement, he claimed.

“What I’m seeking to do is set alongside one another a thing that gives you the most effective possible situation,” he stated. “A lifetime that does not entail that.”

Leavitt also suggested dropping the felony cost versus the guy on the issue that he would be barred from calling Koehler or speaking about her on line. If the male at any time did, prosecutors would refile the circumstance, he claimed.

Koehler was not confident that Leavitt was real, she informed The Tribune.

“I did not feel at any time that he was on the lookout out for my very best pursuits,” she claimed. “Period.”

Later on that similar day, Koehler emailed Leavitt, sharing that she felt ambushed in their meeting and preferred to see any proposed resolution in crafting in advance of she agreed to it.

“You do have a link,” she wrote to Leavitt. “There’s way also lots of coincidences that put you over this circumstance, at a time when he was only putting up about you and your reforms in the justice method. So my query to you is … does this deal benefit you? Or me?”

Circumstance dismissal

Leavitt never responded to her electronic mail, in accordance to Koehler’s lawsuit. But they did carry on speaking over text.

That August, Koehler sent Leavitt screenshots of her alleged stalker again putting up supportive messages on Leavitt’s Fb page. The lawsuit alleges Leavitt responded, once again explaining the deal he wanted to offer, this time noting that the defendant experienced dropped off “evidence” and questioned that Koehler be prosecuted in its place.

Koehler’s law firm alleged this was manipulation — a move done to motivate her into believing that a jury demo would not be in her greatest desire.

Two months later, in Oct, Leavitt went to court and asked for the felony circumstance to be dismissed. Notes from the courtroom docket point out that the accused guy agreed to keep away from Koehler and not converse about her on a community system or on-line.

But Koehler claimed she was not advised there would be a listening to in the circumstance and didn’t know right until months later that it had been dismissed.

Past August, the man accused of stalking Koehler questioned a choose to expunge the stalking situation. Koehler’s attorneys allege in their grievance that though performing so, the guy accused her of “many untrue things irrelevant to the fundamental stalking charge and defamatory of her character.” The man is not stated as a defendant in Koehler’s lawsuit.

The lawsuit alleges that the guy utilized the expungement petition as a system to defame and abuse her — hurt that the criticism argues came as a result of Leavitt’s final decision to to begin with dismiss the prison case.

“This damage would not have occurred but for Leavitt’s discriminatory guidelines of providing leniency to his male campaign donors and good friends,” the lawsuit reads.

Courtroom information exhibit that a Utah County prosecutor refiled the legal case in September, approximately a 12 months right after Leavitt requested for it to be dismissed.

The data data do not point out why it was filed once more. Koehler’s lawsuit alleges that Leavitt had it refiled “after he listened to this case could existing a trouble to him in the forthcoming election.”

Leavitt denied that his conclusion was politically motivated. He explained his business screened the case just after the male wrote defamatory statements about Koehler in his expungement petition, which violated their agreement that he not talk about her on a general public system.

The county legal professional explained he felt the lawsuit submitted Tuesday may possibly be politically inspired by previous prosecutors, which include a single who operates for the law organization that filed the situation. Young, Koehler’s attorney, stated that previous prosecutor is not concerned in the lawsuit and that “was not the enthusiasm behind” it.

Koehler mentioned she doesn’t believe the refiled stalking case can be managed adequately beneath Leavitt’s management, and wishes the scenario moved to another county attorney’s office environment.

She also is searching for punitive monetary damages and a declaration from the judge that Leavitt’s policies and strategies “allow cases with female victims to be dismissed on unlawful grounds,” which violates constitutional equal defense legal rights.

“The full situation just upsets me on each individual degree,” Koehler stated. “I can’t categorical how a great deal far more revictimization this has triggered for me.”