Inside 50 square mile ‘zone of death’ where you ‘can get away with murder’ as Gabby Petito sparks call for change
THERE'S a 50-mile section of the Yellowstone Park where murder theoretically can't be prosecuted - but that could be set to change.
The area - dubbed the "Zone of Death" - has a scenic nature backdrop populated by wildlife but no people, so there's no jury pool to fulfil sixth amendment obligations, a renown law professor argued.
So if Gabby Petito had been murdered about 40 miles northwest of where she was found, the killer might've escaped conviction.
There's no indication or reports suggesting a crime involving Gabby or Brian Laundrie took place in the "Zone of Death."
But the close proximity sparked conversation from sleuths and armchair detectives and renewed interest from lawmakers and news outlets.
Shinning the spotlight on the "Zone of Death" is a positive thing, Michigan State University law professor Brian C. Kalt told The Sun.
The end result is a potential legal loophole that might allow criminals to slip felony prosecution, he said.
Yellowstone Park sits mostly within Wyoming's borders but extends about 260 square miles into Montana and 50 square miles into Idaho.
The rectangular-shaped Idaho section in the southwest corner of the federal park is less than 50 miles away from Grand Teton Park where Gabby's body was found.
"I'VE HEARD ALL THE ARGUMENTS"
Kalt said he's heard all the arguments over the years.
"Some say, just redraw the (jurisdiction) lines, but you can’t retroactively redraw the lines for a trial.
"Then they'll say, there will be a change of venue, but federal laws only allow defendant to ask for a change of venue.".
The judge in the elk poaching case didn’t really get to the sixth amendment question, Kalt said.
"He gave it very little consideration," he said.
Then the case was over after the poacher agreed to a plea deal.
BILL ON THE TABLE TO CLOSE THE LOOPHOLE
There have been a few attempts over the years to close the legal loophole, but they've all sputtered out, Kalt said.
Idaho Rep. Colin Nash, who's a lawyer, is the latest lawmaker to pick up the mantle.
He introduced a bill that would simply give the United States District Court for the District of Idaho the power of prosecution and close the loopholes.
It's currently in a House subcommittee and making its way through the lawmaking process.
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“I read this in law school, and it pops up every now and then,” Nash said during a House Judiciary, Rules and Administration Committee meeting.
“Every time there is a high-profile disappearance in that area, I think about this, and there were two last year, so that’s what brought it up again.”
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