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Prosecutors contemplate next steps after conviction is overturned

SALT LAKE CITY (ABC 4 Utah) – Prosecutors are plotting their next move after the attempted murder conviction of Reggie Campos was overturned by the Utah Court of Appeals late Thursday evening.
SALT LAKE CITY (ABC 4 Utah) – Prosecutors are plotting their next move after the attempted murder conviction of Reggie Campos was overturned by the Utah Court of Appeals late Thursday evening.

The Attorney General could decide to appeal the decision to the Utah Supreme Court, the Salt Lake County DA could retry the case or it could be dropped.

"You never try a case in a way you expect a reversal to occur, you try a case rather, expecting it's going to be affirmed and so when it isn't, obviously that’s a concern," says Blake Nakamura, Chief Deputy District Attorney.

In this case it wasn't. The appeals court unanimously overturned the charge late Thursday. His attorney, Hershel Bullen says the appeal centered on mistakes made by the defense and prosecution in the original trial.

"That's what the court said, with a combination of all these things it made it difficult to have confidence in the outcome."

Bullen says the defense, prosecution and even the judge signed off on a verdict form that included misleading questions for the jury. Which he says distorted the definition of attempted murder as defined by Utah law.

"It left the defendant with really no good alternative, it left the jury with really no good alternative," says Bullen.

Nakamura says although he's disappointed in the ruling, he respects it as part of the process.

"I understand what was argued by the prosecutor in this case, I understand why the Court of Appeals was critical and I understand why Mr. Bullen raised that as a concern," says Nakamura.

Even though he is cleared of attempted murder for the time being, an aggravated assault charge was upheld in the 2009 shooting that left David Serbeck paralyzed. That charge carries up to five years in prison, Campos has served three years so far.

A crossroads that has both sides considering the options...

"There are some decisions to be made on whether the State would appeal, some decisions to be made as to whether the defendant will seek the review in the Supreme Court on the assault issue," says Bullen.

The Attorney General's office has 30 days to decide if they will appeal.

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