Torrey Green case extremely similar to "dorm rapist" case of the late 1990s

By Spencer Burt

Seven women accused a young African-American USU student of raping them. Most alleged assaults took place in the man's apartment. More allegations surfaced after his arrest was publicized. The accounts of his actions all seem to match in description and pattern. Although this sounds just like the Torrey Green case, this happened almost 20 years ago.

On Wednesday, Judge Brian Cannell ruled that all seven cases against Torrey Green would go to trial. But this case is nothing new -- there are numerous similarities between his case and that of Stacey Nelson-Waggoner, the "dorm rapist" of the late 1990s.

Capt. Steve Milne of USU Police was in charge of investigating the charges against Nelson-Waggoner.

"It took up about two and a half years of my life," Milne said.

Most of the women allegedly raped by Green said the assault took place in the bedroom of his off-campus apartment in North Logan. The victims in the Nelson-Waggoner case were allegedly raped in his dormitory at Mountain View Tower. Since all seven 1996-1997 alleged assaults took place on campus, USU police were in charge of investigating, while Green's current case is under the jurisdiction of the North Park Police Department.

Nelson-Waggoner was acquitted of his first charge in 1998. But after that, Milne said the Utah Supreme Court changed the rules regarding Utah Rule of Evidence 404(b).

Milne said that prior to 1998, alleged victims from other cases couldn't testify in a trial against the same person. This was to prevent using the character of a suspect to attempt to prove guilt. However, the supreme court ruled after Nelson-Waggoner's first trial that testimonies from witnesses in similar cases could be used as evidence, as long as there was a consistent pattern between the alleged crimes. 

Because of this law change, Nelson-Waggoner was convicted of the other two charges he was tried for. He was sentenced to 15 years to life in prison.

Milne said Nelson-Waggoner admitted while in prison that he did rape those women, and attended a sex offender treatment program. He was released on parole after serving 15 years, and currently resides in Draper, Utah.

"Stacey's a great manipulator, and I hope he's changed," Milne said, "but I'm concerned he's just playing the system."

This change in the law "really hurt him," said David Perry, one of Nelson-Waggoner's court-appointed defense attorneys. He said there are many similarities between Green's case and Nelson-Waggoner's.

However, one major difference is that Green has hired two private lawyers, while Nelson-Waggoner was represented by a series of court-appointed attorneys. He had four different lawyers during the three trials. Milne said he claimed he was being misrepresented and kept demanding a new attorney to be appointed. The cost incurred by the county to represent and prosecute him amounted to over $150,000 after the three cases.

"We have to consider resources of the county," said Scott Wyatt, the prosecuting attorney at the time.

"We think we're punishing him more by taking him out of the spotlight than we would be by giving him more jail time," Wyatt said in 2000. "He loves an audience."

In the Nelson-Waggoner case, allowing other alleged victims to testify in court made a big difference, said both Perry and Milne. Green's preliminary hearings were focused largely around the "doctrine of chances," which is similar to rule 404(b). Prosecuting attorneys Spencer Walsh and Barbara Lachmar may use other alleged victims' testimonies to show a consistent pattern in each case, but they are not allowed to use them to convince the court of Green's character.

In Green's hearing on Wednesday, his attorney Skye Lazaro's closing arguments included the fact that most of the women accusing him of rape did not report to the police until months or years later, nor did most of them go to the hospital for a sexual assault examination.

Walsh responded that for complicated but obvious reasons, not all women who are raped immediately go to the hospital or the police. "These are key rape myths that must be dispelled in our society,” he said. 

Woman requests maximum prison time for the man who abused her child

By Spencer Burt

Everyone had their eyes fixed on the woman standing on the courtroom floor as she read a prepared statement--that is, everyone except convicted child abuser Jonathan Dunn.

An official victims' advocate from the Cache County Attorney's Office read a letter to Judge Kevin Allen, written by the mother of a child who had been physically abused by Dunn, on Monday in the First District Court in Logan, Utah. The advocate requested that she and the mother of the abused child only be identified as the victim's advocate and the victim, respectively.

Dunn was scheduled to be sentenced Monday for a second-degree felony child abuse charge, to which he pleaded guilty on Jan. 9. But his attorney, Bryan Galloway, requested Allen to extend the sentencing date so he could bring a letter from Dunn's therapist to the court.

The moment Galloway said this, the victim, sitting in the second row of the courtroom, threw her hands up and gasped in apparent shock and frustration. She immediately began whispering to her family members sitting next to her and to her advocate in the front row.

The victim approached the bar and leaned over to speak to prosecuting attorney Spencer Walsh. He then informed Allen that the victim had traveled from Montana for the sentencing, and would not be able to make the trip back at a future date. Walsh requested that the sentencing continue as planned for this reason, and requested a chance for the victim to address the court.

The advocate then approached the podium and read a written statement from the victim. The letter contained vivid details of the abuse her then six-month-old son endured at the hands of Dunn. The infant had a broken arm, a concussion, and the victim claimed he would have died if he had been hit any harder. Dunn stared at the ground in front of him the entire time the letter was being read.

"My son has nightmares," the letter said. "He won't sleep in his crib. He freaks out when someone claps their hands around him."

The victim, through the written statement, urged the judge to send Dunn to prison, not just the county jail, with no possibility of probation.

Allen then ruled that he would extend the sentencing to May 1, resulting in another gasp from the victim. He then said he would take Dunn into custody until then, to which she gave a sigh of relief. Dunn was escorted out of the courtroom by Cache County Sheriff's Deputies and taken to jail.

Police brutality has not changed in years, but mental health crisis is getting worse, according to Logan police captain

By Spencer Burt

Nationwide police brutality is no more common now than it was years ago, but local mental health emergencies have increased significantly since last year, according to Capt. Tyson Budge of the Logan City Police Department.

"There's all sorts of sensationalism saying it's increasing and getting worse, but it isn't," Budge said regarding police brutality. "There's always going to be bad apples that make bad decisions."

Budge believes the media played a big role in the widespread belief that officer-involved shootings are increasing in number. "The use of force hasn't really changed much at all," he said. Instances of brutality have just become "more visible to the people's eye."

Budge said that although Logan hasn't had any issues with police brutality, this "sensationalism" has still affected the department's recruiting efforts.

"It's a difficult time," he said. "No one wants to be a policeman if you're going to do it and be hated."

He pointed out that someone is thousands of times more likely to die by going to the doctor's office than they are to have a violent interaction with police. 

"Doctors kill hundreds of thousands of people a year," he said, "and nobody seems to care."

Although Budge recognized that there are some issues with police training, "most of these shootings start by non-compliance," he said. "If you do what the policeman asks you to do, then you don't get shot."

Officer Kristian Johnson, a former attorney who decided to join law enforcement instead, said Logan is one of the least problematic police departments he's ever seen. He said Budge knows what he's doing, and that he is one of the reasons the community has a good relationship with the police.

Budge believes there are little to no "psychopath" officers who deliberately shoot innocent people with no remorse. "I think sometimes policemen just get scared," he said. "Scenarios happen so quickly and they choose poorly."

Budge said the mental health crisis, however, has become much worse in recent years.

"Something is definitely changing," he said. When he began his career with the department in the 1990s, Budge said there would be about four reports of mental health crises, suicides, or suicide attempts a month. Now he says there are at least four in one day. So far, there have been three times as many suicide attempts this year as there were last year at the same time.

USU police captain retiring after 35 years

By Spencer Burt

Capt. Steve Milne will retire July 14, marking 35 years with USU Police.

Milne was a student when he was hired in 1982. Although he was studying to become a teacher, he decided to give law enforcement a try. If it didn't work, he said, he'd use his degree to teach. 

"Thirty-five years later, I'm still here," said Milne. "It's been a great career."

Milne's main post-retirement plan so far is to ride his motorcycle. "I got a new Indian motorcycle, and I just want to travel and see the country," he said. "I want to see it all."

Mike Kuehn, the new chief of police, had high praise for Milne. "He's an amazing person," he said. "He has such institutional knowledge. We're going to miss him greatly."

Sgt. Travis Dunn agreed. "He's leaving some big shoes to fill," he said. Dunn, who has spent nine years working with him, said one of Milne's major contributions to the community was putting together a multi-agency bomb squad. Milne has secured grants for technology and training for the squad so they are ready to handle bomb threats.

Milne said the most bizarre instance in his career was when they received a call from the facilities crew, reporting two human hands found on top of the engineering building.

"We thought, 'This has got to be a joke.' But sure enough, there was a grocery bag with two hands in it," he said. "We contacted the cadaver lab, and they weren't missing any hands."

After a day of trying to figure out where the hands came from and whose they were, they were contacted by a graduate student. It turned out he was using them to research mechanical knuckles. The student's office had roof access, so in the winter it was easier for him to store them on the roof instead of putting them in a freezer.

Highway closure after head on collision

By Spencer Burt

Over a mile of Highway 89-91 was closed after a head-on collision today around 5:00 p.m. 

A 24-year-old man was driving southbound when a 26-year-old woman heading northbound crossed into his lane of traffic around 2600 South, according to Logan Police Capt. Tyson Budge. An AirMed helicopter took the woman from the scene while the man was taken to Logan Regional Hospital by ambulance. There were no passengers in either car.

"They were both taken to be treated for body injuries. No head injuries were reported," Budge said. Both had to be cut out of their vehicles, but he did not know how seriously either driver was injured. "I don't know who determined to bring in the helicopter."

The collision caused the highway to be blocked off from 3200 South to the intersection of the highway and 1000 West. Drivers were diverted down these two roads. 

The initial report said both cars were on fire, according to Logan Fire Battalion Chief Doug Fullmer. "When the airbags go off, they release a powder that kind of looks like smoke," he said. He said the person who called 911 probably mistook this powdery substance for smoke. 

There was also a rumor early on that one of the drivers had passed away. Budge later said this was not true, and as of 8:30 p.m. both drivers were in surgery.

The highway was opened back up shortly before 8:00 p.m.

Man claims K-9 vehicle searches are a violation of rights

By Spencer Burt

A Logan man believes a change in vehicle search laws is necessary after a judge denied his appeal on Monday in Utah's First District Court.

Roger Lopez, 43, was arrested on Dec. 31 for drug possession charges, and on Monday his attorney Michael McGinnis filed a motion to suppress evidence in the case. McGinnis argued that Lopez's car should not have been searched, and that his client was profiled by Officer Trevor Woolstenhulme before requesting a K-9 unit to perform an open-air sniff around the vehicle. Lopez was originally pulled over for driving with no license plate illumination.

"Obviously, he profiled me from the beginning," Lopez said later. He didn't accuse Woolstenhulme of racial profiling, but profiling based on what McGinnis called "gossip at the cop shop."

Woolstenhulme said under oath that Lopez was a "known drug user" based on past conversations with other officers, and admitted that was one of the reasons he immediately requested the K-9 unit.

"I think there was additional investigation because of a hunch," McGinnis said.

Prosecutor Aaron Jossie defended Woolstenhulme's actions, citing supreme court case United States v. Rodriguez. "The critical question is if it prolonged the traffic stop," he said, and not whether there was a reason for the K-9 sniff.

Lt. Brad Franke, who oversees the K-9 unit, said, "Officers can request the K-9 unit to do an open-air sniff during any traffic stop, as long as it doesn't delay or extend it beyond the normal amount of time."

Woolstenhulme's body camera footage showed the dog arrived within 3 minutes, which Judge Thomas Willmore ruled did not prolong the time of the stop.

Willmore denied the motion to suppress, citing the Utah Supreme Court case State of Utah v. Baker that a dog sniff does not count as a search, as long as the car was being lawfully detained.

Although the motion was denied, Lopez feels this may be an opportunity to "get some of our rights back." He said even though what the officer did was legal, it was unethical.

"Aren't cops supposed to be held to a higher standard of morals and ethics?" he said. "If it's unethical, they shouldn't do it."

Lopez believes the use of K-9 units to sniff for drugs should be limited to instances with probable cause. "It shouldn't just be at the cops' discretion."

Lopez plans to take his case to trial, and even if he goes to jail he hopes to appeal the decision.

Man claims a longtime acquaintance attempted to kill him with his truck

By Spencer Burt

A local man testified in Utah's First District Court on Monday that Robert Schvaneveldt attempted to hit and kill him with his truck on Feb. 16.
James Herbert said he was walking home on 400 North near 7-Eleven when Schvaneveldt drove his truck onto the sidewalk, narrowly missing him.
"I don't know what I heard first, tires screeching or him yelling, 'I'm gonna f---ing kill you,'" Herbert said. He immediately called the police as soon as he got home.
Schvaneveldt faces a third-degree felony charge for aggravated assault, and Herbert was called as a witness in Monday's evidentiary hearing.
When prosecuting attorney Aaron Jossie asked Herbert about his history with Schvaneveldt, he said they had a history long before February, and that even after the incident Schvaneveldt would drive past his house multiple times and flip him off. "He just won't leave us alone," Herbert said.
Judge Thomas Willmore ruled to move forward with the case, and scheduled a pre-trial conference for April 24.

Logan City Limits a success for local businesses and musicians

By Spencer Burt

Local businesses and organizers of Logan City Limits are pleased with the results after the annual music, film and art festival brought a diverse crowd to downtown Logan on Thursday, Friday and Saturday.

"Logan City Limits is my baby this year," said Terran Maynard, the events coordinator at Aggie Radio. "It was incredibly successful. In a lot of ways it exceeded my expectations."

Maynard was involved in planning last year's festival, and was appointed by student media program coordinator Nathan Laursen to be in charge this year. Laursen said Maynard and Mikey Kettinger, the Aggie Radio student station manager, did a great job booking all the venues and artists this year.

This was the first time Logan City Limits has been held off campus. Managers of many local businesses were pleased with the increase in sales and exposure that came with the festival.

"It's been very good for us," said Gary Griffin, the manager of the Utah Theatre. “It’s nice to have people know we’re here and what we’re doing." Six movies were shown for free there during the festival. Griffin hopes those who attended these showings will return to the theatre now that they know more about it.

Two small downtown restaurants, The Waffle Iron and Even Stevens sandwich shop, hosted live music as part of the festival. They also saw an increase in customers over the three days.

"It’s been crazy," said Addison Day, a manager at The Waffle Iron. "It’s been way busier than usual.”

Michael Szorik, a manager at Even Stevens, saw a similar increase. "We were super slammed," he said. "Our lunch rush was a lot busier, and all day we just had a nice constant flow."

Maynard said the bands were happy to be involved as well.

"It was way fun. Logan’s a fun crowd," said Erika Goodwin, guitarist and backup singer for the band Brother. "Everyone gets way into it.” Goodwin, who grew up in Logan, was happy to see this event bring students and the general community together.

Maynard said he loved the anticipation leading up to the festival, and seeing how every day turned out. "It felt kind of like Christmas morning," he said.

Alleged sexual assault victims take stand in Green trial (Published 3/31/17)

By Spencer Burt

(Post taken down and revised 3/31/17)

Attorneys representing Torrey Green, a former Utah State University student and athlete charged with multiple accounts of sexual assault and rape, began questioning alleged victims on Wednesday at Utah’s First District Court in Logan. During these preliminary hearings, Judge Brian Cannell heard cases from three of the seven alleged victims.

These three women claimed they were raped or sexually assaulted by Green between 2013 and 2014, and reported the assaults to police in 2016. They said they did not know any of the other alleged victims. The purpose of a preliminary hearing is to determine if there is probable cause for the cases to go to trial, according to the United States Department of Justice website.

The first alleged victim to take the stand was a woman with the initials M.H., who met Green in 2013 through the smartphone dating app, Tinder.

Prosecuting attorney Barbara Lachmar began the questioning by asking M.H. to recount the details of the night she was allegedly raped. Following Lachmar's questioning, Skye Lazaro, Green's defense attorney, cross-examined M.H. Things were visibly tense between the two.

When Lazaro asked why she didn't remember one particular detail of the alleged rape, M.H. said, "It was a long time ago. I'm not going to apologize for not remembering things."

A woman who went by the initials C.D. was the second alleged victim to face questioning. A key moment in C.D.’s questioning came when prosecuting attorney Spencer Walsh asked her if the man who raped her was in the room and if she could point him out. While keeping eye contact with Walsh, C.D. pointed to where Green was sitting.

"He's right there," she said.

The third woman, who went by the initials L.P., appeared more confident and less distraught than the other two. Green is charged with sexual abuse, but not with rape in this case. In a phone call the morning after the alleged rape, she said to her mother, “I was basically raped with my clothes on.”

L.P. was much more outspoken than the other two alleged victims. She nodded along as Lachmar asked her questions. Her voice sounded strong and confident as she described how she met Green, and how the first part of their date went.

That was until she described the alleged assault to Walsh, and the following interrogation by defense attorney Rhiannon Vonn.

During questioning, Vonna asked L.P. if she had touched Green "back in any way." L.P. responded quickly, saying, "No, no, no, no, no."

Vonn then asked L.P. if she thought Tinder was a hookup app. She responded that she didn’t use it that way. Lazaro asked the same question earlier to M.H., who responded the same.

Vonn asked both L.P. and C.D. about the layout of Green's apartment building, where the alleged assaults took place. Upon establishing that there were other apartments surrounding his, she asked both women separately if they screamed or cried for help in an attempt to get the neighbors’ attention. Neither woman did.

Vonn asked L.P. why she accepted Green's offer to drive her home after he allegedly sexually assaulted her. "I was terrified to say no," she replied.

"Why didn't you call for help?" Vonn asked.

"I was so scared," L.P. said, through tears. "I was so scared."

Logan Police arrest fugitive in relative's home

By Spencer Burt

A 24-year-old man who fled from a traffic stop was apprehended by Logan police officers today around 6:30 p.m.
A patrol officer attempted to pull Rocky Rivera over after looking up his license plate number and discovering a warrant for his arrest. When Rivera didn't stop, the officer pursued him for "about a block," said Capt. Curtis Hooley. "Then he pulled into a driveway and ran inside."
Not knowing if Rivera had fled the house through a different exit or was still inside, the officer called for backup. He and another officer remained on the scene wielding AR-15 rifles as at least six other officers arrived and patrolled the surrounding area for about 30 minutes.
The K-9 unit was on its way to the scene shortly before Rivera came out of the house and was arrested.
Cpl. Chad Carter said the owners of the house were Rivera's family members, and they informed officers that he was still inside. A neighbor later confirmed that the house belonged to Rivera's in-laws. Two cars were towed from the house after Rivera was taken to the Cache County jail.