Nearly two years after he was sentenced to spend at least 25 years behind bars for the brutal murder of a Brigham Young University professor, Benjamin Rettig's right to appeal the sentence is being reinstated.
In April, Rettig asked 4th District Judge Thomas Low to reinstate his appeal rights, according to court records, claiming that he was not advised of his right to appeal the sentence of 25 years to life in prison before the time limit for an appeal expired. He said in his handwritten motion that his previous bid to the Utah Court of Appeals was denied because it was filed too late, which he blamed on his attorney.
On Tuesday, Low the judge who handed down the prison sentence to Rettig in December 2011 ruled that Rettig was deprived of his right to appeal, finding that Rettig did attempt to invoke his appeal right on Jan. 6, which was a week before the time limit expired. However, his request was not officially filed with the court until after that 30-day window had ended.