Nielsen not destined for death row
Hours after hearing from convicted murderer Cody Lynn Nielsen and some of his family Wednesday, jurors said a consensus could not be met and sentenced Nielsen to life in prison without parole.
The six-man, six-woman jury heard Nielsen’s two former wives and mother beg for his life before a 30-minute emotional statement from the 31-year-old Hyrum man in the First District Courthouse in Logan.
“Never in my life have I intentionally caused the death of another,” Nielsen said.
Prosecutors were not allowed to cross examine since his statement was not a sworn testimony.
Nielsen, who was convicted by the same jury last week of capital aggravated murder, kidnapping, aggravated kidnapping and two counts of desecration of a human body, told the jury that if they found no good in him, to sentence him to death for murdering 15-year-old Trisha Ann Autry in June 2000.
“I believe in the death penalty,” he said.
The jury deliberated for just two and a half hours before announcing its verdict around 8:15 p.m. Wednesday night.
Special prosecutor Scott Wyatt said he was pleased with the decision and “grateful to the jury for it,” although he had pleaded with them to give Nielsen the death penalty earlier that day.
Wyatt said that with no possibility of parole, it ensures the Autry family will never have to go to a parole hearing and Nielsen will never walk the streets again.
Nielsen’s defense attorney, Shannon Demler, said he felt a sort of “hollow happiness” after the sentencing. He said Nielsen, who portrayed no emotion when he was sentenced, was confused but relieved he isn’t headed to death row.
Earlier in the week prosecutors had called four women they say Nielsen raped or attempted to rape, spanning from 1990 to 1997. Three of the four were attending high schools in the valley at the time; the other one was a freshman at Utah State University.
Trisha’s mother, JoAnn, told the jury Tuesday about Trisha’s life and how she loved writing, singing and playing in the rain.
Saying Trisha had dreamed of attending the Juliard School of Music, JoAnn said her daughter spoke out adamantly against violence against women. If Nielsen had the possibility of parole, JoAnn said, he would “be free to wreak his havoc on women.”
Trisha’s 30-year-old brother, Arum, told the jury that while his mother thought there could be no winner in the situation, he believed if Nielsen was locked up forever the winners would be “the girls out there you need to protect.”
Demler told the jury not to sentence Nielsen to death to protect “the innocent people in Cody Nielsen’s life.”
Nielsen’s two former wives, who each have two of Nielsen’s four children, asked the jury to spare his life Wednesday.
“The death penalty is almost a gift to him because he doesn’t have to live with it,” Nielsen’s first wife, Nicole Lowe, said.
Nielsen’s father, Lynn, had been expected to testify but was taken by ambulance Tuesday morning to Logan Regional Hospital after suffering a heart attack while sitting in the courtroom. First District Judge Clint S. Judkins recessed court all of Tuesday morning because of the medical situation.
When Bonnie Nielsen, Cody’s mother, testified Wednesday, she spoke of her son as a “good kid” and caring and nurturing in ways that only his family know him.
The Nielsen family declined comment after the sentencing Wednesday and were escorted out of the courthouse by sheriff’s deputies.
The jury members also declined to talk to the press, although legally they could once the trial was over.
JoAnn Autry read a written statement outside the courthouse after the verdict Wednesday thanking many people who have helped with the case, before fielding questions. She said she now agrees with her son that the winners are the children “who can walk the streets now unafraid.”
JoAnn said her faith has gotten her through the last “three years, seven months and 27 days,” and said she knew if she didn’t forgive Nielsen that “evil has won twice.”
In memory of Trisha, JoAnn said a Web site will soon be running, www.trishaautryfoundation.org, to help prevent and search for other children who are missing. More than 5,000 child identification kits have already been passed out to parents and JoAnn said she hopes her efforts will continue and results grow.
-emilieholmes@cc.usu.edu
Cody Nielson, center, looks at prosecuting attorney Scott Wyatt during the sentencing portion of Nielsen´s murder trial Wednesday. (Photo by Eli Lucero, Pool)