Cold | Season 2 Bonus Episode 3: Justice for Joyce Yost | Twice Overturned

Date: August 28, 2024
Host: Dave Cawley
Guest: Amy Donaldson

Overview

This bonus episode of Cold provides an in-depth analysis of the latest bombshell legal development in the decades-long fight for justice for Joyce Yost, who was murdered in 1985 to prevent her testimony against Douglas Lovell. In July 2024, the Utah Supreme Court overturned Lovell’s death sentence for a second time—an extremely rare occurrence—on grounds of ineffective counsel during the penalty phase of his 2015 retrial. Host Dave Cawley and fellow crime journalist Amy Donaldson unpack the court’s reasoning, discuss its impact on the Yost family, and reflect on the challenges inherent in achieving justice in high-profile capital cases.

Key Discussion Points & Insights

1. Background & Recap of the Lovell Case (00:22–03:07)

• Joyce Yost’s 1985 disappearance: Yost vanished days before testifying against Lovell, whom she had accused of abduction and rape.
• Legal rollercoaster: After pleading guilty to capital murder in 1993 and being sentenced to death, Lovell spent decades seeking appeals. His first death sentence was overturned on a technicality. In 2015, he faced another penalty trial—again receiving the death penalty, which was now overturned a second time.

“Joyce’s remains have never been found, but that didn’t keep Lovell out of prison. Police built an airtight case against him… The judge sentenced Lovell to death. Then Lovell had a change of heart and tried to take back his guilty plea. It took almost two decades, but the Utah Supreme Court ended up siding with Lovell over a technical error…”
– Dave Cawley, 00:22

2. Details of the 2024 Utah Supreme Court Ruling (03:07–08:57)

• Ineffective assistance of counsel:
  Lovell’s attorneys failed to object to testimony about his religious experiences and status, especially during cross-examination where church policies and excommunication were discussed.

• Risk of religious bias:
  Concern that these discussions could have improperly influenced a jury in Utah’s religiously-influenced culture. The possibility—even without proof—that a juror could have deferred moral decisions to a “higher power” undermined fairness.

“...if there is even an inkling that it [the error] might have [affected the outcome], the justices ... are going to be very cautious about just waving that away. They want to make absolutely sure. Because, look, the bottom line is you’re talking about whether someone lives or dies.” – Dave Cawley, 11:18

• No dispute over guilt:
  Both defense and prosecution agreed on Lovell’s guilt; the focus was solely on his sentence.

3. The Role of Religion in the Trial and Jury (04:09–10:21)

• Jury composition and religious undertones:
  The defense referenced religious volunteers and bishops, but prosecutors highlighted their positions and church policy, raising questions about redemption and whether Lovell could rejoin the church.

• Potential for prejudicial influence:
  Jurors’ religious backgrounds could color perceptions of testimony regarding Lovell’s spiritual “change.”

“There’s a lot of ways in which our society here in Utah is impacted by somebody who has standing, has authority in the church just by saying they’re a member of the church.”
– Amy Donaldson, 09:04

• Jury selection challenges:
  Both sides subtly tried to determine jurors’ LDS affiliations without asking directly, e.g., by inquiring about the periodicals they read (such as LDS magazine “Ensign”).

4. Emotional Toll and Systemic Realities (12:21–14:49)

• Impact on Joyce Yost’s family:
  The repeated reversals have taken a heavy emotional toll, especially when other Utah death row inmates are executed first despite newer cases.

“The first thing I remember her [Kim Salazar, Joyce's daughter] saying was, I’m sick. I feel sick.”
– Dave Cawley, 12:40

• The slow wheels of justice:
  Frustration with how “justice” in the legal system is often about laws, not what’s emotionally right for victims.

“The cold, hard truth is it’s about applying laws and which laws were broken and what can you prove.”
– Dave Cawley, 14:30

5. Future Legal Process and Possibilities (14:49–17:10)

• Case returns to district court:
  A new penalty phase, with the option to seek the death penalty again—but logistical problems (aging witnesses, transcripts vs. live testimony, new appeals) loom large.

• Resource demands:
  Death penalty cases require immense resources; repeated retrials are costly and emotionally draining for all involved, especially families.

“In a death penalty case, it’s millions.”
– Dave Cawley, 16:31

• Structural issues:
  Amy underscores that funding and parity in legal resources are crucial to avoid costly errors and retrials.

• Religious influence is inescapable:
  The unique religious landscape in Utah pervades even seemingly secular legal proceedings.

“Every conversation we have in Utah ... has some flavor colored in some way by … religious discussion and religious theology and religious doctrine.”
– Amy Donaldson, 16:36

6. Justice for Victims and Ongoing Commitment (17:10–End)

• Legal standards vs. victim care:
  The bar must be “almost to perfection” when a state seeks the death penalty, but there must also be more support for crime victims’ families.

• Moving forward:
  Dave Cawley commits to continuing coverage, emphasizing that the story—and the pursuit of justice for Joyce—remains ongoing.

“Justice for Joyce ... is justice done in this process. Well, it’s ongoing, so we have to commit to be there every step of the way.”
– Dave Cawley, 19:06

Notable Quotes & Memorable Moments

• “Do not let the sun set on the concept that every criminal defendant is entitled to effective counsel.”
  – Utah Supreme Court Justice, 00:13

• “It is big because it’s so rare to get a death penalty conviction overturned, but to have one overturned twice.”
  – Amy Donaldson, 03:07

• “The problem is how we fix it and how we deal with the human people who are impacted by the mistakes.”
  – Amy Donaldson, 17:31

Timestamps for Important Segments

| Timestamp | Segment | |------------|----------------------------------------------| | 00:22 | Episode introduction & Joyce Yost case recap | | 03:07 | Supreme Court overturns Lovell’s death sentence (2nd time) | | 04:09 | Legal reasoning: religious testimony & prejudice | | 06:04 | Courtroom moment: halt over LDS policy discussion | | 09:23 | Jury selection and religious affiliation | | 12:21 | Yost family reaction; emotional impact | | 14:49 | Next steps: new sentencing hearing, challenges| | 16:31 | Resource demands in death penalty cases | | 17:10 | Justice standards, victim care, closing thoughts|

Flow & Tone

The episode is thoughtful, measured, and analytical, expertly balancing legal technicalities with human empathy. Both host and guest maintain a respectful, inquisitive tone, often returning to the pain experienced by victims’ families as years of legal uncertainty drag on.

Conclusion

This bonus episode shines a light on the complexities and costs of seeking the death penalty in Utah, especially where religious context is tightly interwoven with community and courtroom. As the Lovell case returns to the district court yet again, Cold will remain a crucial voice—documenting each twist in the long campaign for justice for Joyce Yost.