Executive Summary
- Mia Bailey has requested to waive her presence at her sentencing hearing for the murder of her parents.
- Defense counsel argues that appearing in court could trigger a "mental breakdown" and inappropriate outbursts.
- Bailey pleaded guilty and mentally ill to two counts of aggravated murder and one count of aggravated assault.
- She faces a potential sentence of 25 years to life for each murder count.
Mia Bailey, a 30-year-old Utah woman who pleaded guilty to the murders of her parents, has petitioned the court to allow her to remain absent during her sentencing hearing scheduled for Friday. The filing, submitted to the 5th District Court, cites concerns that her physical presence could precipitate a severe psychological episode.
According to court documents filed by defense attorney Ryan D. Stout, Bailey fears that appearing in person would "likely lead to a mental breakdown" accompanied by "inappropriate outbursts" that could negatively impact the proceedings. Stout stated that his client recently reviewed the pre-sentencing investigation report—which includes victim impact statements and crime details—and subsequently requested permission to be sentenced in absentia. The defense argues that Bailey is prepared to waive her constitutional right to be present and allow her counsel to represent her interests and read a statement on her behalf.
Bailey entered a plea of guilty and mentally ill last month to two counts of aggravated murder and one count of aggravated assault related to the June 2024 deaths of her parents, Gail Bailey, 69, and Joseph Bailey, 70, in Washington City. In exchange for the plea, prosecutors dismissed six other felony charges. Under Utah sentencing guidelines, she faces an indeterminate term of 25 years to life for each murder charge. Judge Keith Barnes is expected to rule on whether these sentences will run consecutively or concurrently.
The criminal investigation began on June 18, 2024, when Bailey’s brother called 911 to report gunshots at the family residence. According to an affidavit of probable cause filed by Washington City police officer Josh Janda, Bailey was arrested the following day in St. George. The affidavit notes that Bailey admitted to the killings, stating she had "intent to kill," felt no remorse, and told officers, "I would do it again." In a separate active case, Bailey is accused of assaulting staff members at the Purgatory Correctional Facility in October.
Procedural Considerations
The request to waive presence at a sentencing hearing represents a notable procedural deviation, as a defendant’s presence is generally considered both a right and a requirement in felony cases to ensure due process and transparency. While waivers can be granted, the court must balance the defendant’s mental stability against the transparency of the judicial process and the rights of victims’ families to address the perpetrator. The "guilty and mentally ill" plea structure in Utah ensures the defendant receives mental health treatment within the correctional system but does not reduce the mandatory prison time. It is important to note that regarding the separate pending charges of assault by a prisoner, all individuals are presumed innocent until proven guilty in a court of law.
