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Hacking Retains Lawyer
Deseret Morning News ^ | July 27, 2004 | Pat Reavy & Jennifer Dobner

Posted on 07/27/2004 10:09:10 AM PDT by Bonaparte

deseretnews.com

Deseret Morning News, Tuesday, July 27, 2004

Hacking retains lawyer

Co-workers say Lori Hacking left work early in tears

By Pat Reavy and Jennifer Dobner
Deseret Morning News

The husband of missing jogger Lori Hacking has retained a prominent local criminal defense attorney, and reports surfaced Monday of co-workers seeing a tearful Lori Hacking leave work early three days before she disappeared.

Image
Journalists surround Salt Lake police detective Dwayne Baird Monday in Salt Lake City. He had few details to release about evidence collected in the Hacking case.

Michael Brandy, Deseret Morning News
Mark Hacking has hired D. Gilbert Athay, who has represented many high-profile criminal defendants from death-row inmates to public officials and college athletes.

"We have no comment," Athay said as he left his downtown office during the noon hour Monday. "Yes, I am his attorney."

Athay declined to state how long he had been speaking with the Hacking family or if he had already met with Mark Hacking. Hacking family spokesman Scott Dunaway said he had been retained within the past week. When asked how they were led to Athay, Dunaway said it was simply name recognition.

"Anyone here locally will know that name," he said.

Admitted to the state bar in 1967, Athay joined two other high-profile Utah defense attorneys in 1989 and launched the Rocky Mountain Defense Fund, a nonprofit coalition dedicated to putting an end to the death penalty in Utah.

Through his work with the fund, Athay has represented notable killers Pierre Dale Selby, Elroy Tillman and John Albert Taylor. All three men served time on Utah's death row — Selby for the 1974 torture and slaying of three people at Ogden's Hi Fi Shop; Tillman for the 1982 murder of Mark Schoenfeld; and Taylor for the 1989 rape and strangulation of an 11-year-old Washington Terrace girl.

Selby was executed in 1987 after Athay spent 14 years representing him on appeal. Taylor was executed by firing squad in 1996; Tillman's death sentence was vacated in January 2003.

Athay was last in the news in October for his representation of University of Utah running back Marty Johnson, who was charged with misdemeanor driving under the influence.

Lori Hacking was reported missing July 19. Her husband Mark has been considered a "person of interest" by police almost since she disappeared because of the way he deceived his family about his schooling for two years.

Both Mark and Lori Hacking's families believed Mark graduated in May from the University of Utah with a degree in psychology and was planning on moving soon to North Carolina to attend medical school. In reality, Mark dropped out of college in 2002 and never applied to medical school.

Several of Lori Hacking's co-workers told the Associated Press she had been arranging for on-campus housing at the University of North Carolina medical school and that they believe the school was returning a call to her Friday to say her husband, Mark Hacking, wasn't enrolled there.

Lori Hacking left work early after receiving the call the afternoon of Friday, July 16.

Lori Hacking, a 27-year-old trading assistant who just learned she was five weeks pregnant, was a private woman who didn't share personal troubles, making her breakdown in the office all the more unusual, say colleagues at Wells Fargo Securities Services.

"She was visibly upset. She started to cry and got up to walk away," her supervisor, Randy Church, told the AP on Monday. When co-workers asked her what was wrong, she replied, "It's no big deal; I'm OK. But I think I will go home,' " Church recounted.

Officials at the University of North Carolina were trying to determine whether one of their administrators made the call.

But Lori Hacking's co-workers gave accounts of the phone call to homicide detectives after she was reported missing.

"We wouldn't have any reason to doubt" the Wells Fargo employee accounts, detective Dwayne Baird said Monday. He would not comment further, but later dismissed suggestions that an arrest was imminent.

Church said detectives showed up at Wells Fargo the day after Hacking's disappearance and inspected her e-mail and computer files.

It was about 10 a.m. July 19 that Mark Hacking placed a call to his wife's office, speaking first to Brandon Hodge, another trading assistant she was training. He didn't ask where his wife was, but instead how she was doing, Hodge told the AP.

"By the way, how is Lori?" Hacking reportedly asked. Hodge said he replied, "Well, she's not made it into work yet."

Church then took the phone and recalls Hacking saying she hadn't returned from a sunrise jog at Memory Grove, a downtown park near the office. Hacking made it seem he was calling from his apartment, Church said.

"Oh, my God, her (work) clothes are still here," Hacking reportedly said to Church, who had been expecting Lori Hacking at 7 a.m. and said she was never late to work.

"I said, 'You need to call police immediately. Just get off the phone,' " Church said.

But Mark Hacking did not immediately call police, and police say he was at a store buying a new mattress shortly before reporting his wife missing.

Three of her co-workers who spoke to the AP said they showed up at Memory Grove before Mark Hacking joined them. When he arrived in his Dodge Durango, they told him his wife already had been reported missing. He then placed a call of his own to police dispatchers.

Hacking began an aimless search, walking and pondering before taking off on his own and abandoning Lori's co-workers. But first, he sat in his sport-utility vehicle with an address book on his lap, making phone calls, apparently to relatives who said they received the news about that time.

Results on some of the evidence collected by police, including a mattress recovered from a trash bin and a box spring taken from the apartment, could come back from a laboratory this week.

Mark Hacking, a night-shift hospital orderly, has been at the University of Utah psychiatric ward since early Tuesday morning after creating a disturbance at the Chase Suite Hotel, 765 E. 400 South, while wearing nothing but a pair of sandals, according to a hotel worker. Dunaway said Monday afternoon Hacking was still at the hospital.

Salt Lake City police still had few details to release Monday about evidence collected in the case.

Baird said the case is still being handled as a "missing person" incident and Mark Hacking is a "person of interest." But Baird also said Monday he was not aware of anyone else investigators had labeled as a person of interest and that it was a missing person case that was "very suspicious."

"Much of what we have to look at has to do with him," he said.

When asked if investigators were aware of any other lies in addition to Mark Hacking's school record, Baird said, "It's easier to talk about the things he has been truthful about." After a short pause, he continued, "I can't think of any off the top of my head."

In fact, Baird said he couldn't think of anyone, including friends and family, who fully believe everything Hacking has been saying.

Baird also confirmed the Salt Lake District Attorney's Office has been kept up to date on the developments in the case. "Even a missing persons case can be a criminal investigation," he said.

Monday, the Salt Lake City Police Department put out a request for anyone who was in Memory Grove or City Creek Canyon between 5 a.m. and 11 a.m. on July 19, the day Lori was reported missing, to call police at 700-3000.

In other new developments:

• Salt Lake City police have confirmed they are reviewing a surveillance video tape from the R.C. Willey furniture store, 2301 W. 300 West, where Mark Hacking reportedly attempted to purchase a new mattress.

• Police also confirmed an investigative team that included forensic investigators Monday checked out a trash bin near the hospital ward where Mark Hacking is staying. It was unknown Monday afternoon what, if anything, was found.

Approximately 125 volunteers participated in the search effort Monday for Lori, a significant drop from the nearly 4,000 on Sunday. The family said it would continue search efforts through the end of the week but then may have to re-evaluate the situation.

"You can't sustain the same level of involvement as the past week," Dunaway said. "At some point the family will decide to move into another phase (of the search)."

Agents from the state's department of Adult Probation and Parole have made the rounds of parolees, especially sex offenders whose methods of selecting their victims matched the story of Lori Hacking's disappearance, Department of Corrections spokesman Jack Ford said.

Agents were checking to make sure parolees were either at home, working or had verified alibis for the time the woman allegedly went missing near Memory Grove on Monday, Ford said. A list of names has been provided to Salt Lake police for their review, he added.


Contributing: Associated Press; E-mail: preavy@desnews.com; jdobner@desnews.com


© 2004 Deseret News Publishing Company



TOPICS: Crime/Corruption; News/Current Events
KEYWORDS: hacking; murder; notreallynews; utah
Drip drip drip...
1 posted on 07/27/2004 10:09:11 AM PDT by Bonaparte
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To: kcvl

More on the way...


2 posted on 07/27/2004 10:09:49 AM PDT by Bonaparte
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To: Bonaparte

Oh boy...retaining a lawyer. Hmmmmmm


3 posted on 07/27/2004 10:10:10 AM PDT by cyborg (http://mentalmumblings.blogspot.com/)
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To: Utah Girl; Howlin

ping


4 posted on 07/27/2004 10:12:35 AM PDT by annyokie (Now with 20% More Infidel!)
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To: Bonaparte
• Police also confirmed an investigative team that included forensic investigators Monday checked out a trash bin near the hospital ward where Mark Hacking is staying. It was unknown Monday afternoon what, if anything, was found.

What in the world??

5 posted on 07/27/2004 10:14:44 AM PDT by glock rocks
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To: Bonaparte

i shudder every time i hear this guy's last name...


6 posted on 07/27/2004 10:15:57 AM PDT by wildwood
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To: cyborg

It's obvious what his defense's claim will be:

1. Defendant has a history of mental problems (evidence will be his pathological lying, including the N. Carolina thing);

2. Defendant was confronted by wife, and he flew into a psychotic rage and accidentally killed her.

3. He panicked and hid the body.

4. He then lapsed into a profoundly depressed condition (evidence will be his running-around-naked incident).

Prosecution will counter this with evidence of his very methodical attempt to cover up the crime, and will argue that these are the actions of a guilty, not insane, man.

Very sad case. He's guilty as hell, in my opinion.


7 posted on 07/27/2004 10:17:09 AM PDT by johnfrink
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To: annyokie

Scott redux.


8 posted on 07/27/2004 10:17:36 AM PDT by Howlin (Free the 2000 Millenium Report!!!!!)
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To: johnfrink

NPD.


9 posted on 07/27/2004 10:20:18 AM PDT by Howlin (Free the 2000 Millenium Report!!!!!)
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To: annyokie

Narcissistic Personality Disorder

American Description

Diagnostic Criteria

A pervasive pattern of grandiosity (in fantasy or behavior), need for admiration, and lack of empathy, beginning by early adulthood and present in a variety of contexts, as indicated by five (or more) of the following:

  1. has a grandiose sense of self-importance (e.g., exaggerates achievements and talents, expects to be recognized as superior without commensurate achievements)
  2. is preoccupied with fantasies of unlimited success, power, brilliance, beauty, or ideal love
  3. believes that he or she is "special" and unique and can only be understood by, or should associate with, other special or high-status people (or institutions)
  4. requires excessive admiration
  5. has a sense of entitlement, i.e., unreasonable expectations of especially favorable treatment or automatic compliance with his or her expectations
  6. is interpersonally exploitative, i.e., takes advantage of others to achieve his or her own ends
  7. lacks empathy: is unwilling to recognize or identify with the feelings and needs of others
  8. is often envious of others or believes that others are envious of him or her
  9. shows arrogant, haughty behaviors or attitudes

10 posted on 07/27/2004 10:21:52 AM PDT by Howlin (Free the 2000 Millenium Report!!!!!)
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To: Howlin

Scott redux, indeed. The heat got turned up on him today, as well. Fishing alibi don't fly.


11 posted on 07/27/2004 10:23:36 AM PDT by annyokie (Now with 20% More Infidel!)
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To: Howlin; SunnySide; Rabbit29

Staging an insane but guilty disposition to save him from the needle?


12 posted on 07/27/2004 10:28:26 AM PDT by glock rocks (Judge Bean, white courtesy phone... Judge Bean...)
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To: Bonaparte

Alternate Headline:

Media Frantically Attempts to Find Replacement for Peterson Case!


13 posted on 07/27/2004 10:31:13 AM PDT by Badeye ("The day you stop learning, is the day you begin dying")
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To: Howlin

Dang Howlin.You've just described every politician known to man. :)


14 posted on 07/27/2004 10:35:05 AM PDT by quack
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To: johnfrink
2. Defendant was confronted by wife, and he flew into a psychotic rage and accidentally killed her.

2. Defendant was confronted by wife, and he flew into a psychotic rage and [inadvertently] killed her.

15 posted on 07/27/2004 10:36:17 AM PDT by rabidralph (If you can read this tagline, then stop.)
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To: Bonaparte
"Lori Hacking, a 27-year-old trading assistant..."

You mean she's not just a jogger?

16 posted on 07/27/2004 10:38:49 AM PDT by Hatteras
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To: All
Hacking May Have Learned Of Husband's Lies
17 posted on 07/27/2004 11:20:08 AM PDT by stlnative
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To: cyborg
More info here.

I think his father fetched the lawyer for him. At any rate, I don't blame him for having one, especially at this point. My policy is that if the police want to question me about a murder, I cooperate only with counsel present and that would be my advice to anyone else.

18 posted on 07/27/2004 11:57:06 AM PDT by Bonaparte
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To: Bonaparte

true.. he better get one. It's not looking good for him at all.


19 posted on 07/27/2004 12:01:01 PM PDT by cyborg (http://mentalmumblings.blogspot.com/)
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To: johnfrink

BINGO....I agree.

Police: Lori May Have Never Gone Jogging
Thursday, July 29, 2004

SALT LAKE CITY — She's been called the "missing jogger" but Lori Hacking (search) may have never gone jogging at all the day she vanished, police said Thursday.

Police said they have no evidence that Hacking ever made it to Memory Grove Park on Monday, July 19, the day her husband reported her missing.

They are continuing to sift through a municipal landfill looking for clues to the pregnant 27-year-old's disappearance, and are following up on a tip of a neighbor who said someone may have used his plastic trash barrel to dispose of a body.

Fox News learned on Wednesday that a "rage killing" may have taken place inside Lori and Mark Hacking's apartment hours before Lori was reported missing.

An investigative source working on the case said Lori Hacking was likely attacked inside the apartment, sometime between the night of July 18 and the morning of July 19.

Police would not confirm the theory, saying Lori Hacking is still considered a missing person.

Sources close to the case said there was some evidence of a struggle, but no indication that it was a chaotic situation. Though there were drops of blood found inside the apartment, there was no evidence that any blood had been cleaned up, sources said.

No one has been named a suspect in the case, but Lori's husband, Mark Hacking (search), has been labeled a "person of interest."

The couple were planning to leave their Salt Lake City home last week and move to North Carolina, but Lori Hacking disappeared just days before, apparently on July 19. Lori had just learned she was five weeks pregnant.

Hacking's co-workers said Lori was sobbing after the University of North Carolina (search) medical school called to say her husband was not enrolled there, as he had told her he was. Lori had been trying to arrange on-campus housing.

Angie Hawke, a friend of Lori's, told FOX News that she spoke with the couple on July 18, the night before the disappearance. "I didn't notice anything out of the ordinary," she said Thursday. "I congratulated Mark on getting accepted into medical school... We were just really happy."

Hawke said that even if something was wrong with the couple she most likely wouldn't have known about it.

"Lori is a very private person, if something were wrong between her and Mark she wouldn't be one to display it in front of her friends.

At the end of the conversation Hawke said she gave Lori a hug and it dawned on her that she might not be seeing the couple again as they were about to move to North Carolina. "I said 'Is this the last time I'll see you?' and she said 'No, I'll see you at the party next week.'"

Hawke said she is still hoping her friend is alive. "I can't give up on that hope. I love this girl. I have to believe she's still available for me."

The Deseret Morning News reported Wednesday that a clerk at a convenience store near the couple's apartment, who was not identified, said Mark and Lori Hacking came in between 6 p.m. and 9 p.m. July 18, the day before Lori was reported missing.

The source told the radio station that Mark Hacking was talking with the clerks and seemed happy, but his wife did not seem happy. The clerk said Mark visited the store several times a week and asked employees not to tell his wife he was buying cigarettes.

Meanwhile, the search for Lori Hacking was winding down as hope she would be found alive faded.

The families of Mark and Lori Hacking on Wednesday shut down their volunteer command post at a Mormon meeting house after calling off an organized search of neighborhoods, industrial areas and nearby canyons.

Police with cadaver dogs turned up no clues to the pregnant woman's whereabouts in an early morning search.

The canine crews found "nothing of consequence" at the municipal landfill before breaking off for the day, but they have not finished methodically churning up 15 feet of garbage and dirt over a wide area, Detective Phil Eslinger said Wednesday.

Mark Hacking, 28, who has been hospitalized since last week in a psychiatric unit, has retained high-profile defense attorney D. Gilbert Athay.

FOX News' Alicia Acuna and Carol McKinley and The Associated Press contributed to this report.


My hubbie figures if he was an orderly, who is to say he couldnt access an in-hospital incinerator?? Mark is guilty as sin, and i feel for Lori's family.


20 posted on 07/29/2004 10:26:33 PM PDT by Darkmistress
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