Eagle Mtn. woman sentenced for up to 20 years for child abuse

Janice Peterson

Daily Herald  

An Eagle Mountain woman convicted of abusing her niece and nephew was sentenced Thursday to up to 20 years in the Utah State Prison.

Mary Heath was sentenced to a term of one to 15 years for two second-degree felony charges of child abuse, which will run concurrently. She was also sentenced to two concurrent zero to five year prison terms for third-degree child abuse charges, which will run consecutive to the second-degree sentence.

Heath spoke through tears in a barely audible whisper as she told the judge of her remorse.

"I hate what I did," she said. "I abhor it."

Heath's 9-year-old niece and 8-year-old nephew were found nearly naked, malnourished and alone at their Eagle Mountain home Oct. 14, after the girl escaped out a window. The children were taken to Primary Children's Medical Center, where they were treated for malnutrition and physical injuries.

Heath said all she wanted to do was care for her niece and nephew, who she said were traumatized by abuse before they lived with her. Eventually, she said she realized she was inadequate for the job. However, she said there was no excuse for her treatment of the children.

"There is no possible excuse that could ever justify any kind of abuse," she said.

Heath was in a difficult situation trying to care for abused children, said her attorney, Ann Boyle. However, Heath wanted people in the same situation to know they need to get help instead of trying to deal with it on their own.

Boyle requested that her client remain at the Utah County Jail for one year, rather than spend time in prison. Heath has been in solitary confinement at the jail ever since being attacked in the first week, and Boyle said Heath realized she would remain in solitary if she were to serve her sentence there.

Boyle said Heath would like to be on probation after the year in order to help pay for the children's therapy. Heath, however, said intervention in the case saved the lives of the children as well as herself, and she said she would accept a harsher sentence in order to accept responsibility.

"In the interest of justice ... I will accept your judgement," she said.

Judge James Taylor, however, said he did not believe the Utah County Jail was appropriate for Heath. The prison is much better suited for long-term care, and he said solitary confinement was not a good solution for the crime.

"Locking someone in a room is part of the problem in this case, and I'm not going to do that," he said.

In recommending a prison sentence for Heath, prosecutor Tim Taylor pointed out several aggravating factors in the case. A belt was used often to discipline the children, hitting them on the palms of their hands, tops of their feet, back and buttocks.

"Beatings which took place were inflicted, I believe, to cause a tremendous amount of pain," he said.

Taylor said the children told investigators they were often placed in cold water after a beating to prevent marks from showing on their bodies. They were also locked in a bathroom frequently, denied clothing or food. When investigators arrived at the home, food was plentiful, but not for the children.

"The children began eating soap and other chemicals because they didn't have anything else to eat," he said.

Although Taylor said he believed a prison sentence was appropriate for Heath, he pointed out that she has no criminal history and has taken responsibility for her acts from the beginning. Taylor said willingness to be held accountable may bode well for her with the board of pardons in the future.

"I think that she expressed a lot of remorse, a lot of sorrow, for what she's done," he said.

Heath's boyfriend, Sekoa Aiono, also pleaded guilty to the same charges in December and will be sentenced Feb. 5. Tim Taylor said he anticipates recommending the same sentence for Aiono.