LOGAN — A judge has bound Jared Martindale over on child rape charges, while telling attorneys for both sides that he was concerned about the constitutionality of the case and its possible punishment. The former 45-year-old Logan man is being charged with the crimes 31 years after they allegedly took place, when he was a juvenile.
Martindale appeared in 1st District Court Thursday morning. He was previously charged with rape of a child and aggravated sexual abuse of a child, both first-degree felonies; and two counts of aggravated sex abuse of a child, a second-degree felony.
According to the indictment, prosecutors allege the crimes took place in 1989, when Martindale would have been around 15-years-old. The alleged victims were acquaintances, both under the age of 14.
Defense attorney Wayne Caldwell questioned how his client’s case was being tried in adult court, when the alleged crimes occurred when Martindale was a teenager. He said if the case was filed in 1989, it would have been handled in juvenile court, where the parties would have been protected from the public and media. It also would have resulted in a possible sentence of therapy and counseling, instead of prison and a life time on the sex-offender registry.
Cache County Deputy Attorney Dane Murray said juvenile courts don’t have the resources and services for a now 45-year-old man. He explained that he filed the charges because the Utah Constitution entitles victims to be treated with fairness, respect, and dignity, no matter when they chose to report it. He said their allegations have been corroborated by multiple witnesses.
Judge Brian Cannell expressed appreciation to both attorneys for their arguments. He explained that his role as judge is to balance the rights of the defendant and the victim. He described how he cared about both deeply.
Judge Cannell said even though he was concerned about the differing sentences between juvenile and adult court, it was obvious that he had jurisdiction for the case. He ordered Martindale to be bound over on all four charges, and set a three-day jury trial to begin December 11.
Campbell asked for the trial to be scheduled as soon as possible. He explained that since the charges filed in April, his client is being held in the Utah State Prison for violating parole.
In April 2017, Martindale was sentenced to prison for threatening his ex-wife. The woman claimed that during their 20-years of marriage, he had abused her physically and emotionally. She described how he had threatened to kill her, cut her into little pieces and put her in a suitcase, so no one would find her.
At the time, Martindale blamed his actions on an addiction to alcohol. He asked the court for mercy so could support his kids and save his business, Top of Utah Spas. The store has since gone out of business.