Child-abuse suspect wants lower bail

Child-abuse suspect wants lower bail

November 13, 2008

Sara Israelsen-Hartley

Deseret News

PROVO — The attorney for a woman charged with child abuse for allegedly starving her niece and nephew and making them sleep in bathtubs has asked the court for substantially lower bail.

Mary Heath was in court Thursday afternoon on multiple charges of child abuse and one charge of aggravated sex abuse of a child.

Heath's attorney, Ann Boyle, told the court she had filed a motion to address bail Thursday, but she had just learned of additional evidence they wanted time to consider first.

Next week, she'll argue why Heath's bail should be dropped from $50,000 cash-only to $10,000 cash or bond, according to her motion filed in 4th District Court, said prosecutor Tim Taylor.

A preliminary hearing also was set for Heath and her boyfriend and co-defendant Sekoa Aiono for Dec. 23 at 10:30 a.m. Heath cried as she told the judge that was OK.

Police say Heath and Aiono forced Heath's 9-year-old niece and 8-year-old nephew to go days without food and spend their nights locked in separate bathrooms.

When police found the boy, he looked so emaciated and bruised that officers initially thought he was dead.

The children — who had a lengthy stay at Primary Children's Medical Center — are in foster care and are now attending school, Taylor said.

"They've gained significant weight," Taylor said. "Physically, I think they're looking much better."

They're doing so much better that they were able to talk with police — the new evidence to which Boyle referred, Taylor said.

Taylor said the goal in presenting their interviews is to inform the court about the severity of the crime to keep bail where it is.

"We can't agree with something like that," Taylor said, referring to the $40,000 drop. "That's kind of big. We're opposing any reduction."

The faithful support group for Aiono was also there, though smaller in number.

Many of Aiono's family members drive from West Valley each time he's in court and say the delays are frustrating and taking a lot of their vacation time from work.

Each Friday, family members make another trip to visit Aiono in the Utah County Jail.

Tusi Aiono said people don't know his brother like his family does. He said he looks forward to the time when they can talk about the whole story.

Aiono's attorney, David Drake, was absent Thursday after having some heart problems. He is expected to be back in court next week. Boyle stood in for Aiono on his behalf.