What resources are available to victims’ families in death penalty cases?

OREM, Utah — Navigating death penalty cases can prove tricky for the families of crime victims. Not only do they have the grief of losing a loved one, but they must also then navigate a complicated legal process that can take years or decades to play out. 

For the family of Claudia Benn, the end of her murderer’s life by lethal injection does not mean the end of their story. 

Resources for victims’ families 

Surviving family members of homicide victims in Utah can receive 25 counseling sessions provided by the Utah Office for Victims of Crime, according to the Founder and Executive Director of Utah Homicide Survivors Brandon Merrill. They may also request more sessions as needed. 

Organizations like his try to fill in the gaps between what’s provided and what’s needed. 

“Additionally, we as an organization have group therapy that meets virtually every other week,” Merrill said. “That’s free to attend for any family members of homicide victims. And so there is definitely support out there for them. But sometimes they’re just not aware of it, unfortunately.” 

Merrill points out that victims of crime, including the survivors of homicides affected by death penalty cases, are protected by a Bill of Rights in the Utah Constitution. 

“They get to participate in the criminal justice process, they have certain rights to speak at different portions of the criminal justice process, and they also have a right to speak to the prosecutors before a plea deal is made or offered, or accepted, or at least within a reasonable amount of time,” he said. 

Death penalty cases: Justice both fast and slow

While death penalty cases themselves take a long time to move from conviction to sentencing to execution, Merrill noted that on the front end, soon after the crime, the decision making can be fast. 

“Sometimes that decision [to seek the death penalty] has to be made pretty quickly after filing [criminal charges],” Merrill said. “And so oftentimes we try to to meet with the county attorneys of that case because they’re the ones that ultimately make that decision.” 

Part of Utah Homicide Survivors’ role is to serve as a liaison between overwhelmed crime victims’ families and the legal system. 

“Because again, these families have a lot of complicated feelings surrounding that,” Merrill added. “Most of the time, in these death penalty cases, there is at least some domestic violence that is involved, and so it could be family members that they know and love that have killed another of their loved ones.” 

Related: Who was Claudia Benn? 

In death penalty cases, families of homicide victims face an additional burden: time. Taberon Honie was executed Thursday after more than 25 years on Utah’s death row. Several of the men awaiting capital punishment in Utah were sentenced even longer ago. 

“Justice is not swift,” Merrill said. “There’s different versions of what ‘speedy trial’ means, and unfortunately we have to be slow on these things, because that’s — we can be careful, making sure everybody’s rights are upheld, both the defendant and the victims’ rights.” 

Merrill’s nonprofit also provides legal services to victims’ families in addition to the free group therapy sessions. 

Death penalty: Opinions cover the spectrum

Over time, he said he has worked with families involved in 11 different death penalty eligible cases. Some, like Benn’s family outside of Honie’s daughter, choose to advocate for capital punishment. Others don’t want to pursue that avenue. 

“They have complicated feelings about it and they’re allowed to feel any way they want. And sometimes people go back and forth on it,” he said. “[Grief is] not a straight line. It is zigzaggy and all over the place.” 

Like many Utahns, Merrill paid close attention in 2022 when lawmakers debated abolishing the death penalty in Utah. He attended the committee hearing where that effort failed by one vote. 

“There were survivors of homicide victims on both sides asking for repeal or asking for it to stay,” he said. “And that’s why we stay neutral as an organization on that position, because we want to support our clients, however they feel, and we don’t want them to feel like we’re not fighting for what they want.” 

Utah Homicide Survivors holds an event every year on September 25, in memory of homicide victims. The public can attend a candlelight vigil at the Utah State Capitol. 

Read more: 

• Utah debates whether or not death penalty should remain
• “The Letter”: A Utah family weighs the death penalty
• Move to repeal Utah’s death penalty fails on Capitol Hill

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