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  News 02/10/04
Nielsen formally gets life -- and 'May God have mercy on your soul'

By Emilie Holmes


Cody Lynn Nielsen was formally sentenced Monday to one to 25 years in prison and $57,000 in fees in addition to life in prison without parole for murdering Trisha Ann Autry in June 2000.

First District Judge Clint S. Judkins merged Nielsen's two kidnapping charges and ordered all of his prison sentences to run consecutively -- not concurrently, as defense attorneys argued for.

Nielsen, who was convicted in January of capital murder, aggravated kidnapping, kidnapping and two counts of desecration of a human body, was ordered to pay $5,000 and serve one to five years for desecrating a human body and pay $10,000 and serve one to 15 years for kidnapping.

An additional $42,000 was ordered to be paid to the victim's family.

"Mr. Nielsen, may God have mercy on your soul," Judkins said as he and the 31-year-old Hyrum man walked separately out of the courtroom.

The hearing, mostly a formality, lasted about 20 minutes. Nielsen appeared in an orange jumpsuit with a freshly shaved head and looked around the courtroom freely -- as opposed to his reserved demeanor during the trial.

Judkins read a letter written by the 12 jury members and two alternates addressed to him.

The letter read that the jurors had grieved for the victim and her family at the start of the trial, and then for the defendant and his family as they convicted and sentenced Nielsen.

The jurors also wrote that while the trial had challenged them "emotionally, physically and even spiritually," it had been a great privilege for them to serve and gain a greater appreciation for the U.S. Constitution.

Prosecuting attorney Tony Baird argued Nielsen's sentences should be served consecutively because of the "lasting impression on this valley" the defendant's crimes had made.

Nielsen was convicted of kidnapping Autry the morning of June 24, killing her sometime that day and cutting up her body before burying it in a 20-foot pit in Millville. Three to four months later, prosecutors say he dug the remains up, burned them and reburied them.

Defense attorney Shannon Demler maintains Nielsen is sticking to his story of being with Autry when she died accidentally, and burying her, but never cutting up her body.

Demler said an appeal will soon be prepared for the case, citing Judkins' unusual sentences and the jury's way of decision-making as a few reasons.

Juror Milton D. Scott told Logan's Herald Journal last week that the jury prayed three separate times before deliberating and gave one juror a "blessing" before deciding upon a sentence. Demler called that process "terribly wrong."

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