Arielle Beck, 28, a former teacher’s assistant and softball coach in Moab, Utah convicted of three second-degree felony counts of forcible sexual abuse and misdemeanor counts of stalking and supplying alcohol to a minor in a case involving a 14-year-old female victim has succeeded in getting her 2003 convictions over-turned.
The Utah Court of Appeals earlier this year issued a ruling over-turning Becks 2003 jury conviction on the basis that the trial judge, 7th District Judge Lyle Anderson, may have unduly influenced the jury by engaging in what has been reportedly termed “prolonged and adversarial” and “prosecutorial” questioning of Beck on the witness stand. The prosecution appealed the Court of Appeals ruling and last week the Utah Supreme Court uphold the ruling by the Court of Appeals granting Beck a new trial. Basically the courts held that while Anderson was within judicial power to question the witness to clarify answers that he crossed the line by asking questions that should have been asked by the prosecutor not by a trial judge.
At trial the victim testified as to the inappropriate touching, as did various students, teachers and the school principal all of whom allegedly witnessed it on occcassion. The victim also testified regarding the sexual abuse alleged. The victim’s mother discovered so called “love letters” and e-mails between Beck and her daughter.
Following Beck’s 2003 conviction Judge Anderson sentenced Beck to consecutive one-to-15-year prison terms. Beck had a parole-release date of October 24th of this year. With her conviction over-turned she will be freed and the prosecution has the option of filing charges and retrying her.
The testimony of the victim, who twice attempted suicide before Beck’s trial and hung herself in her bedroom closet after Beck’s trial, will be available for a second trial by way of transcript from the first trial.
Prosecutors have not decided if they will retry Beck citing the strain of another trial on the victim’s family. In addition to the victim’s suicide, her brother also committed suicide after his sister’s death. News media reports indicates the victim’s family is not sure it is up to another trial.
10/27/08 - Second Trial Scheduled
A second trial has been scheduled for Arielle Beck.
Beck will be tried on one count of sodomy and three counts of forcible sexual abuse, all felony counts. Beck will also be tried on misdemeanor charges of child abuse, supplying alcohol to a minor and allowing an unlicensed person to drive.
Beck’s trial is currently scheduled for April 20th.
References:
Moab teacher faces second sex abuse trial (10/27/08)
Moab Teacher’s Sex Abuse Conviction Overturned (8/13/07)
Ex-teacher gets new trial in child-sex-abuse case (8/12/07)
Court overturns conviction of coach in sex abuse case (5/06/2006) (Via Google Archive)
Moab Teacher Appeals Sex Abuse Case (3/27/2006)
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December 5th, 2008 at 4:36 pm
whoops, is there a picture of Kelly that one can see what a beautiful person she was? Sometimes visualization helps. We see what Beck looks like, but not Kelly? Just wondering.
December 5th, 2008 at 4:34 pm
Lindsey and Tracy my family is so sorry for your loss. May your friend and sister rest in peace and let the law take care of this matter. Again I am so sorry. The story brought tears to my eyes, still running down my cheeks.
November 21st, 2008 at 8:19 pm
I know my sister is gone, I know that that Ms Beck is guilty! I ask myself everyday what can be gained in this lose lose situation, and no matter how sad I feel about the loss of my sister the gain is always justice, justice that this woman wont hurt another family another little girl, and maybe the next teacher, coach or any grown person will read this story and do everything in there power not hurt our children. To think twice about what is right and what is wrong, maybe just maybe my sisters life wont have been in vain if one child is saved by bringing Beck to Justice. She laughs and smiles all around town like she got away with something, I want that smile and that smirk on the sex offenders list where it belongs, where the world can see that the rape of a child is a game to her. Where ever she goes the neighbors shield there children from her, where everyone knows her name only because she hurt my little sister. That would be justice, and I will be there to see her convicted again. My sister had many true friends and they will be there to, there to see that there friend did what she had to, to keep there kids, and there kids kids safe.
November 18th, 2008 at 11:53 pm
You must have been a wonderful friend to Kelly. Your friendship has left you strong to do the right thing. Thanks for sharing your story with us readers. I know Kelly surely loved you to, very much.