- Liesa M. Ward released from Jail 40 days early
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By Myrna Trauntvein
Times-News Correspondent
Leisa M. Ward of Nephi, who as a 37-year-old mother of four pleaded guilty to 11 felony counts of unlawful sexual conduct last May, had the remainder of her jail sentence suspended this week.
Ward came before Donald J. Eyre, 4th District Court Judge, again on Wednesday in Fourth District Court in Nephi where Eyre instructed that she be released from jail on February 1, 2009 and be allowed to return to her family.
Her sentence would have run out on March 4, 2009.
“Ms. Ward has served all but 40 days of her sentence,” said Eyre. “She will remain on home confinement for the remainder of her sentence.”
He said that the family had moved from Nephi and had relocated to an undisclosed community in Utah County.
“I am concerned that there is not the treatment there, in Juab County Jail, that she needs at this time,” said Eyre.
Ward’s counsel, Michael D. Esplin, was by her side in court on Wednesday as she stood before the judge in an orange prison suit and bound with chains around her waist.
Ward was sentenced May 21, 2008 in 4th District Court in Nephi to one year in Juab County Jail on 11 counts of unlawful sexual conduct with 16- and 17-year old males with no time off for good behavior.
Each of those charges were third-degree felonies. A third degree felony, in Utah, can carry a fine not to exceed $5,000 and incarceration not to exceed five years per offense.
At that May sentencing Eyre said, “There will be no good time off on the jail sentence.”
AnnMarie Howard, Deputy Juab County Attorney and prosecutor in the case, pointed out that the law is very specific when dealing with the “no good time off” order.
She referred to Utah Code Annotated 76-3-403 and entitled “credit for good behavior against jail sentence.”
Howard summarized it by saying that credit for good behavior is allowed for a commitment in a county jail at the discretion of the custodial authority if commitment is part of felony probation and the sentencing judge has not entered an order to the contrary.
Judge Eyre had entered an order to the contrary because in his commitment order he had specifically said there was no good time.
The no good time off was an order from the bench. Eyre does have the power to mitigate that order, because he did by releasing her early to home confinement.
Howard argued that the statute is clear about the fact that Judge Eyre had specifically ordered no good time, so there should not be an allowance for it.
“The state recommends that Ms. Ward serve the remainder of her sentence with no good time off,” said Howard. “She should serve her sentence until March 4.”
All along Eyre has suggested that treatment was needed by Ward and, back in May, said that was one of the reasons that while the diagnostic community recommended Ward be sent to prison he sentenced her to a jail term instead.
Eyre said he found it troubling that the prison did not have sex offender treatment for women at the facility. Therefore, he opted to sentence Ward to the county jail to serve her sentence.
Ward said, when given an opportunity to address the court, that she had had a great deal of time to think about what had happened and what she had done. She was ready to begin the court remanded sexual offender treatment program and to “get on with life.”
“I have been attending all of my church classes [that are offered at the jail],” she said.
Eyre’s original sentence called for five consecutive and six concurrent terms, meaning the possibility of 25 years in prison which Eyre, because of his concern that there was not proper treatment available at the prison, then suspended.
In May, Eyre also sentenced Ward to serve 36 months probation and to pay $1,200 in fines plus a $250 security fee and to pay restitution to the victims in the form of costs for on-going counseling treatment which victims have already needed and which they may continue to require.
She also has to complete sex offender treatment. That treatment should begin immediately, he said.
While on probation, she will not be allowed to have any unsupervised contact with anyone under 18-years old, except for her own children. She will also not be permitted to use a cell phone during her three years of probation.
Ward pleaded guilty in January and was set to be sentenced in late February. However, the court sent her to the prison’s diagnostic unit.
Ward had, before her May sentencing, waived her right to trial by jury and entered guilty pleas to 11 charges. Ward admitted her guilt in engaging in sexual acts with the young males ages 16-17. The abuse began in April 2007 with one victim. Other acts occurred between August and November 2007 in Juab County.
She was arrested November 19, 2007 on the charges.
She originally faced 13 counts of unlawful sexual conduct with male teens and two counts of lewdness adding up to 15 charges in all. In her plea, she agreed to plead guilty to 11 charges with the stipulation that the county would not file any more charges if more victims came forward.
Howard, as prosecutor, said it was agreed to drop two third-degree felony charges of unlawful sexual conduct with a 16- or 17-year-old, and two misdemeanor charges of lewdness, bringing 15 charges to 11.
On Wednesday, Ward’s husband and members of her family were in court to offer support.
Juab County Attorney Jared Eldridge earlier recused himself from the case because he knew the Ward family.
“I fully support my chief deputy and the arguments she made in court and I stand behind her on that,” said Eldridge.
He said he had recused himself from the case because he knew the family and had coached Ward’s children in sports activities. He did not want the case to be influenced by him and had, therefore, assigned his chief deputy as prosecutor.
“So justice could be served, I stepped aside,” he said. “I have full confidence in my chief deputy attorney.”
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