By Elizabeth Hill
Defense rested its case Wednesday, Oct. 29, in the murder trial of Robert Steven Hatch after Hatch decided not to testify in his own defense.
Hatch is accused of murdering his estranged wife, Sharee Hatch on July 7, 2002, after kicking down the door of her Spanish Fork home and shooting her twice — once in the chest and once in the face while her current boyfriend, Mike Pino, searched in a nearby closet for a gun.
The prosecution rebutted the defense”s argument that Hatch is not only innocent, but Pino was the one that killed Sharee.
The defense claimed that Pino had a leg injury the day after Sharee”s death, and Hatch”s dilapidated truck could have never made it from Spanish Fork to Helper in less than an hour where he was arrested about an hour after the initial 911 call was made.
Pino”s sister, Lisa DeSorcy, and close friend, Sam Leek, testified Pino hurt his ankle in a water-skiing accident the weekend of the 4th of July, three days before Sharee”s death.
Hatch”s sister, Nicki Warner, was also called to the stand by the prosecution as a witness to the Hatch family”s distaste for Pino, but her testimony was struck from the record after a heated discussion between the two councils and Judge Fred Howard about her testimony”s relevance to the rebuttal.
When state prosecutor David Wayment asked Warner about her feelings toward Pino she replied, “I don”t have no feelings about him.” At which point, Wayment brought up Warner”s past relationship with Pino and surveillance tapes she had made of Pino and Sharee for her brother during his and Sharee”s custody battle over their son.
When asked the question again, she said, “I don”t care for him, but I don”t have anything against him other than what he put me through.”
Jack Morgan, Hatch”s defense attorney, claimed Warner”s call to the stand was a “surprise” and called the move “an attempt to tarnish the Hatch name.” He also requested the judge to consider a mistrial.
Judge Howard did not call a mistrial but said, “This is an unfortunate examination and I am not happy with it. I am not persuaded that [Warner”s testimony] is related to this trial.”
The prosecution is expected to close its argument on Friday and the jury will then go into deliberation. The maximum penalties Hatch faces are life in prison and a $25,000 fine.
