Bottarini *not guilty*
*J*
Wednesday, November 27, 2002
James Bottarini, with his mother, Jackie Bottarini, leaves federal
court in Salt Lake City a free man Tuesday. Bottarini said after the
not-guilty verdict that it "was still a mystery to me" why he was ever
charged in the 1997 death of his wife, Patricia Bottarini, in Zion
National Park. (Francisco Kjolseth/The Salt Lake Tribune)
BY MICHAEL VIGH
THE SALT LAKE TRIBUNE
Shortly after Monday's closing arguments, jurors took a quick poll
that showed 10 out of 12 of them believed James Bottarini pushed his
wife off a 500-foot cliff to her death in Zion National Park five
years ago.
But Raymond Rugg of Salt Lake City said he and another juror were
convinced from the beginning that the government had not adequately
proved the Ottawa, Ill., man murdered Patricia Bottarini.
After several hours of contentious debate, "two more [jurors] came
to our side," Rugg said. The rest of the panel soon followed suit
Tuesday, acquitting Bottarini of all charges.
After he was found innocent of four charges of wire fraud, and one
count each of making false statements to a federal officer and
interstate domestic violence, the former Navy officer talked about his
family.
"I plan to continue to raise my children in memory of my wife,"
said Bottarini, who could have spent life behind bars if he was
convicted. "I feel grateful. I want to thank my parents and everyone
who supported me through this whole thing."
Prosecutors had alleged that Bottarini killed his wife May 9,
1997, in order to collect more than $1.25 million in life insurance
and other investments. They said he planned for nearly a year to
murder his wife, going so far as to reconnoiter the park two months
before she died.
U.S. Attorney for Utah Paul Warner -- who tried the case
personally -- said he "respected" the jury's decision, but "obviously
we are disappointed."
Patricia Bottarini's family refused to comment on the verdict.
Warner said, "They are disappointed and they are hurt, but they are
ready to move on with their lives."
One of Bottarini's attorneys, Ronald Yengich, declined to say the
government's case was flimsy, but "we tried a good case, and we met
what they put on."
As the verdict was read by U.S. District Judge David Sam's clerk,
another of Bottarini's attorneys, Vanessa Ramos- Smith, began to cry.
Bottarini hugged Yengich and then his mother, Jackie Bottarini.
"I hope that we can all move on now, it's time," said Jackie
Bottarini, her voice breaking. "It's not just Patty's family that lost
her -- we lost her, too."
After the verdict, Bottarini said it "was still a mystery to me"
why he was ever charged. He said it "hurt" to have his former in-laws
accuse him of murdering his wife even as he spent the past five years
taking care of his and Patricia Bottarini's two sons.
"If you were in my shoes and you had the important responsibility
I have, why would you pay a whole lot of attention to that?" Bottarini
asked.
Prosecutors said throughout the trial that Bottarini told
different versions of what happened to his wife that day and did not
act the grieving husband after she plunged to her death at Observation
Point Trail, which rises 2,148 feet.
Bottarini testified that he was hiking on the trail -- with his
wife behind -- when something startled him. He turned around to see
his wife off the trail "scrambling" on all fours to save her life.
After she yelled "Jim, do something!" Patricia Bottarini slid down the
side of the cliff.
But a witness said he heard loud voices "wrestling and scuffling"
before he watched in horror as Patricia Bottarini "cartwheeled like a
cheerleader" down the mountain. Prosecutors' key piece of evidence was
a blood spot found about 8 feet down the side of the cliff.
The elliptical-shaped spot was not preceded by impact marks,
investigators said. A prosecution expert testified that the spot could
have that pattern only if Bottarini had been "vaulted" out over the
edge.
An expert on accidental falls also testified that Patricia
Bottarini could not have "tripped, slipped or fainted" and still
fallen off the cliff if she had been walking anywhere on the trail.
Yengich, however, repeatedly said that the fall was a tragic
accident, and defense experts countered prosecution experts' claims
that Patricia Bottarini had to have been shoved.
Yengich also criticized park service investigators for "jumping to
conclusions" about their belief that Bottarini had to be guilty. When
you do that, he said, "innocent people can be convicted."
In an unusual move, prosecutors took jurors to the trail so they
could see for themselves where Patricia Bottarini fell. Yengich said
hiking the trail was probably "beneficial" to the defense because
jurors were able to see that Patricia Bottarini could have fallen
accidentally.
Juror J.B. Brown of Vernal did not say how the trail visit
affected the jury, but he said the prosecution's case had plenty of
reasonable doubt.
"If you believe in the system, that's what you have to do," Brown
said about the decision not to convict Bottarini.
Bottarini may not be out of hot water just yet, however.
Washington County, which has jurisdiction over the death, could still
file murder charges against him. Prosecutors have said they would
await the outcome of the federal trial before deciding how to proceed.
A call to Washington County Attorney Eric Ludlow was not returned
Tuesday.
Whatever they decide, Bottarini said he "prays" that Tuesday's
verdict will lift the cloud of suspicion that has been over him for
more than five years.
Bottarini said his two boys, now 8 and 6, were aware of the
investigation against him but that he hoped he could go back to
raising them on his parents' property in Illinois.
"We are going to head back in the next couple of days," Bottarini
said. "I just want to go home."