ALL NEWS

Talking Cold: Can police lie to suspects? Who can offer immunity? And how to inmates earn an early release from prison?

May 11, 2021, 6:19 PM | Updated: May 12, 2021, 11:02 am

immunity...

Davis County Attorney Troy Rawlings with KSL Podcast's Sheryl Whorsley and Amy Donaldson

SALT LAKE CITY – When South Ogden detective Terry Carpenter was trying to find a way to solve the disappearance of Joyce Yost, he decided to see if his primary suspect’s ex-wife might share what she knows, leaving immunity on the table. 

When she was reluctant, he suggested that she might be able to get immunity from prosecution in exchange for information about what happened to Yost. That eventual immunity deal turned out to be the key to learning what happened to the Ogden mother and grandmother.

In Episode 6 of Talking Cold, the podcast that discusses the issues raised in The Cold Podcast, Davis County Attorney Troy Rawlings discusses immunity deals, when police can lie to suspects and the complexities of deciding when a suspect becomes a witness. He said there are two kinds of immunity deals, and while both are rare, the type of immunity deal used to gain the cooperation of Rhonda Buttars, transactional immunity, is almost never used.

“Transactional immunity is means you’re not going to be prosecuted at all period for your involvement in whatever the underlying crimes are,” Rawlings said. “It’s so rare that the federal system doesn’t even allow it.”

 

Obtaining immunity 

In Utah, only a prosecutor can approve an immunity deal of either kind. Use immunity is the type of deal more often utilized by prosecutors to secure information and evidence, but that is also used very sparingly, he said.

If police and prosecutors believe a person has critical information about a case, but they’re asserting their constitutional right not to incriminate themselves, prosecutors can offer a “use immunity agreement, which simply means we’re going to sit down and talk to you you’re going to give us the information in a truthful, accurate fashion,” Rawlings said. “And if you do, we will not and cannot use the information that you provide in that context. And in that setting against you. We won’t use what you tell us. And we won’t make derivative use of what you tell us. In other words, we’re not here to bamboozle you.”

Rawlings also said that while police can lie about the evidence in a case, they cannot make any kind of promise or threat about prosecution or punishment.

“Police can lie to a suspect about the facts of a case,” he said, offering an example. “but what they cannot do is lie to them about what a potential plea deal would be, or do something to coerce or get them to cross the line, for example, another simple one, they can’t put a gun to their head and make them confess, I know you did it, we’ve got the evidence, you better confess… that, they cannot do because that crosses the line.”

Rawlings gave a detailed look into how prosecutors use immunity deals and why they are so rare. In the second half of the episode, former Board of Pardons chairman Mike Sibbett discussed how inmates earn early release and what it’s like when someone on the board has paroled commits a new crime.

“It’s gut wrenching, I mean, it’s it’s horrible,” he said. “I was chair and I would see a new crime on TV reported, and I would constantly worry – was that someone that we left out? Is that somebody that that we made a mistake on? So it ages you. I can tell you that.”

Sibbett said the board also had many other situations where people used parole to rebuild their lives and make the most of a second chance. He told the story of a drug dealer who became a successful business owner.

“And I could tell you story after story after story like that of individuals that just needed a wake up call, and a little confidence and a push in the right direction,” Sibbett said. “Those are the stories that make you feel good.” 

Related:

 

We want to hear from you.

Have a story idea or tip? Send it to the KSL NewsRadio team here.

All News

12 year old driver shown driving erratically on freeway...

Sam Herrera

WATCH: Police release dash cam footage of 12-year-old driver

The Utah Highway Patrol said the 12-year-old driver stole her mom's car. The girl was briefly arrested before being released to her parents.

36 minutes ago

A bus carrying Easter worshippers fell off a cliff, killing 45 people in the Mamatlakala mountain p...

Amy Cassidy, CNN

Bus carrying Easter worshippers falls off cliff killing 45 people in South Africa

An eight-year-old girl who survived the bus crash in South Africa has been airlifted to hospital according to local media.

45 minutes ago

(Eric Cabrera, KSL NewsRadio)...

Simone Seikaly

Possible carjacking in West Valley City leads to car fire, ramp closure

The UHP said a car was following another car eastbound on the 201 and moved onto the ramp toward NB I-15 when one car rolled and caught fire.

1 hour ago

(Loren Richardson via KSL.com)...

Simone Seikaly

Brighton resident charged for confronting snowboarder with shotgun

According to court documents, and based on witness accounts, Keith Robert Stebbings threatened a snowboarder with a shotgun.

2 hours ago

Four cats relaxing on chairs and a cat tree at Fawn's Family Rescue...

Heather Peterson

Fawn’s Family Rescue provides lounge to relax with adoptable cats

Fawn's Family Rescue recently opened its doors in Bountiful. The new cat lounge provides a comfortable way for people to hang out with feline friends.

5 hours ago

A n3-year degree may be an option...

Amie Schaeffer

Utah students could soon earn bachelor’s degrees in 3 years

College students may be able to graduate with a bachelors degree in three years in some industries.

7 hours ago

Sponsored Articles

Mother and cute toddler child in a little fancy wooden cottage, reading a book, drinking tea and en...

Visit Bear Lake

How to find the best winter lodging in Bear Lake, Utah

Winter lodging in Bear Lake can be more limited than in the summer, but with some careful planning you can easily book your next winter trip.

Happy family in winter clothing at the ski resort, winter time, watching at mountains in front of t...

Visit Bear Lake

Ski more for less: Affordable ski resorts near Bear Lake, Utah

Plan your perfect ski getaway in Bear Lake this winter, with pristine slopes, affordable tickets, and breathtaking scenery.

front of the Butch Cassidy museum with a man in a cowboy hat standing in the doorway...

Bear Lake Convention and Visitors Bureau

Looking Back: The History of Bear Lake

The history of Bear Lake is full of fascinating stories. At over 250,000 years old, the lake has seen generations of people visit its shores.

silhouette of a family looking over a lake with a bird in the top corner flying...

Bear Lake Convention and Visitors Bureau

8 Fun Activities To Do in Bear Lake Without Getting in the Water

Bear Lake offers plenty of activities for the whole family to enjoy without having to get in the water. Catch 8 of our favorite activities.

Wellsville Mountains in the spring with a pond in the foreground...

Wasatch Property Management

Advantages of Renting Over Owning a Home

Renting allows you to enjoy luxury amenities and low maintenance without the long-term commitment and responsibilities of owning a home.

Clouds over a red rock vista in Hurricane, Utah...

Wasatch Property Management

Why Southern Utah is a Retirement Paradise

Retirement in southern Utah offers plenty of cultural and recreational opportunities. Find out all that this region has to offer.

Talking Cold: Can police lie to suspects? Who can offer immunity? And how to inmates earn an early release from prison?