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Charged couple may reach deal
Deseret News (Salt Lake City), May 7, 2008 by Sara Israelsen-Hartley Deseret News
PROVO -- A plea deal is said to be in the works for a husband and wife accused of trying to recruit an underage teen to become their second wife.
Bret and Jennifer MacArthur, 41 and 33, respectively, were in court Tuesday afternoon for what was scheduled as an entry-of-plea hearing for their cases of unlawful sexual activity with a 16- or 17- year-old.
However, defense attorney Mike Esplin told the court he believed the plea offer had changed and thus asked the court to grant another chance for a preliminary hearing, which the couple had waived to preserve the plea deal.
"We wanted to consider an offer," Esplin said after the hearing. "But (today's offer) was not what they extended before."
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Esplin said there had been conversation about concurrent sentencing and GPS ankle monitoring, which prosecutor Doug Finch disputed, calling the whole thing a big misunderstanding.
"I don't believe the offer had changed," Finch said. "At this point, I'll leave it to the court's discretion whether or not to re- grant the preliminary hearing that they had waived to keep the offer open."
Normally, once an individual waives, or agrees not to have, a preliminary hearing, it can never be rescheduled. During a preliminary hearing, prosecutors present evidence that they believe is sufficient to allow the case to proceed to a trial.
Fourth District Judge Fred Howard said he respected both attorneys and agreed there had been a miscommunication, so he granted a preliminary hearing for May 28.
The victim allegedly began a relationship with Bret MacArthur some four or five years ago, and after the last hearing, told media that she believed she was going to be a second wife.
She said that she was swayed by Bret MacArthur's gifts and affection, which she never received as a child.
After Tuesday's hearing, the alleged victim, now 20, said she wasn't worried about testifying on May 28, although each time in court is a little stressful.
"I don't like thinking about it," she said. "I don't want to keep reliving it. That's what this is, dragging it out."
Esplin also believes believes the level of culpability is different, given the number of charges filed against each client: 11 against Bret MacArthur and three against MacArthur's wife.
Because of that, he told the court it would be a conflict of interest, and nearly impossible, for him to represent both clients.
Bret MacArthur asked the court to appoint him an attorney because he lost his job once the allegations became public, and the couple is already paying Esplin.
E-mail: sisraelsen@desnews.com
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