PROVO, Utah — In court Tuesday, a personal matter nearly pushed back the long-awaited trial for the man accused of killing two Eagle Mountain toddlers.
It's been over two years since the 3-year-old boys were allegedly fatally struck by a car driven by Kent Cody Barlow.
Their mothers wrote to the court that they're tired of waiting for justice.
"Brooke Jackson, Hunter’s mother, recounted the death of her own mother by cancer just last year. She said in her victim impact statement, 'It’s easier to bury your parent than to bury your child,'" read Judge Robert Lund with the Fourth District Court.
Barlow's lead defense attorney, Benjamin Aldana, along with the Utah County Public Defender Association asked for a motion to continue, which would delay or reschedule the trial.
"This case is extremely complex. There are approximately 922 docket entries, thousands of pages of discovery and photos and reports," said Lisa Estrada with the association.
"Ms. Jackson expressed her concern about delays in the case," said the judge. "In a previous statement to the court, she outlined the concerns that the families have regarding the ‘extreme emotional and financial hardship’ corresponding to the significant delays in the case."
Aldana told the court three weeks ago that his father only had four to eight weeks to live.
His association said Aldana's father's cancer diagnosis has a "significant impact on his mental and emotional well-being."
He said that he "can't be the advocate for Barlow he needs to have over the next couple of months."
"Our office attorneys do not have the capacity to absorb any additional cases," said Estrada. "Our office has been understaffed and the county commissioners have seen the need and provided us with four additional attorney positions."
Prosecutors didn't oppose the defense's motion, but Ryan McBride did argue to Estrada's statement that the case is "complex."
"The central facts of this case are largely going to be uncontested. The defendant was driving his car, he had three passengers in his car, he was driving very fast, ran a stop sign through an intersection, lost control and killed two kids," he said.
Aldana is on temporary personal leave for the next eight weeks. Lund ordered the association to assign another lawyer to the case.
"Any continuance into next year will cause undue prejudice and will be inefficient use of the court's limited resources," he said.
Lund said the delay is "logistically impossible" and could require the reassignment of a new judge.
"I've presided over this case since its inception," he said. "I have ruled on the numerous issues that have come before the court, legal issues, discovery issues. I know this case and that historical knowledge is necessary."
Jury selection is scheduled for Sept. 16.
