Show Serving Utah’s Great Pahvant Valley DelU Utah $2000 00 out of county-- months $13 00 (In Advance) Copy 50c Senior Citizens (65 and older) $18 00 tn coumy $20 00 LSPS out of County 79 No Vol 29 Jan 19 I9S9 Gas order lift asked Hamilton This picture was taken during the trial Aug 1987 to right: Millard County Sheriff's Sgt Robert Dekker Sheriff Ed Phillips and George Wesley Left in ‘Defect’ may force retrial by Ken Rand Fourth District Court Judge George Ballif has set Friday Jan 20 to hear in a request by attorneys arguments convicted murderer George Wesley Hamilton to be released from prison The hearing will take place in Provo Hamilton was convicted in August 1987 of second degree murder in the brutal death of Sharon Sant near Cove Fort two years earlier He was sentenced to serve five years to life in prison with the recommendation that he be denied parole Hamilton has filed a “65B Proceeding” from the Utah Rules of Civil Procedures which is a petition for “extraordinary” or relief” Specifically Hamilton is seeking a writ of habeas corpus If granted theoretically he could be released from prison “What he is seeking there is an order that his conviction was improper due to juror misconduct and he should therefore be released from incarceration” Millard County Attorney Warren Peterson said Hamilton alleges that a juror prejudiced the original decision against him by showing a newspaper article about the case to other jurors during Jurors had been deliberations from reading to refrain structed newspaper articles about the trial The case is captioned “George Wesley Hamilton versus David Franchina is director of institutional operations of the Utah State Department of Corrections Hamilton’s jailer Peterson said the Hamilton petition and the state’s case against Hamilton have been combined “To avoid confusion we’ve begun referring to the parties as simply ‘Hamilton’ and ‘the state of Utah’” Peterson said because in one case Hamilton is the defendant and in the other he is the plaintiff “These two cases are joined for hearing” Peterson said "because the state Supreme Court had jurisdiction over the criminal prosecution and therefore jurisdiction over the case So the petition for an extraordinary writ was filthen the ed in the Supreme Court Supreme Court remanded both that and the prosecution back to Judge Ballif s District trial court for hearing on the petition” Hamilton filed a motion for a new trial in district court in March 1988 It was denied He then filed with the Utah Supreme Court what Peterson called a writ in “complaint for extraordinary the form of habeas corpus” The Supreme Court turned that matter over to the district court in June and a hearing date was scheduled for November The November hearing was held under Rule 606B of the Utah Rules of Evidence where the original trial jurors were brought in and interviewed by the judge about the alleged violation “It’s an unusual proceeding” Peterson said "In this case the judge actually con- - See ‘Hamilton’ page 3 Public notices There are 12 public notices listed in this issue of the Chronicle Progress Some of them may be of concern to you The notices begin on page 8 by Res Rand A ruling is expected Wednesday Jan 25 on a request by the Salt Lake ’’ribune to lift a gag order in the Church murder case The body of Gordon Ray Church 28 of Cedar City was found partially buried in a wooded area off near C ove Fort Wednesday Nov 23 The Southern Utah State College senior had been beaten to death On Friday Nov 25 Michael Anthony Archuleta 26 and Lance Conway Wood 20 were arrested and charged with first degree murder They are being held in the Millard County jail in rillmore without bond pending a preliminary hearing After the arrest and on a motion by deputy Millard County Attorney Dexter Anderson Last Millard Juc'ice of the Peace Ron Hare immediately ordered the probable cause statement sealed He also told investigators prosecutors and “any other person(s)” to refrain from discussing the case with the media The order was amended Monday Nov 28 to allow attorneys to make disclosures under Rule 3 6 of the Utah Rules of Professional Conduct Mike Carter said the Reporter Tribune doesn’t believe the court has the right to withhold the information “They say they’ve got a case” he said “What we’re saying is ‘Prove it to us We want to know what your evidence is that gives you the right to charge two individuals with first degree murder” The issue is a typical Constitutional one Carter said “Is the First Amendment need of freedom of the press and access to information going to be outweighed by the individuals right to a fair trial?” he asked “We would say ’’there are alternatives to sealing the complaint or closing hearings to protect individuals rights” Carter said courts have made efforts to seal complaints before in Salt Lake City but "it’s a very rare occasion that they are allowed to do that” The Tribune filed the petition to lift the gag order through the Salt Lake Waldo City law firm of Jones Holbrook and McDonough Attorney Michael O’Brien said the petition was mailed to Judge Hare on Dec 14 and probably filed a day or two later The "Petition for limited intervention” filed by O’Brien’s firm reads "Petitioner Corpora- KSL Ontral Utah Bureau reporter Robert W'alz reports live outside the Public Safety Building in Fillmore on Wednesday Not 23 the day Gordon Church's body was found If KSL rovers the Jan 24 preliminary hearing Wal? may again file his report outside the building tion” The points tion publisher of ‘The Salt Lake Tribune’ by and through its undersigned counsel hereby petitions this Court to intervene in the matter for the limited purpose of moving to unseal court files and lift restrictions on publicity that prohibit the participating parties and others from discussing the case” A separate but related “Motion to unseal court records and lift restrictions on disclosure of information” was also tiled Grounds for the motion were outlined in six points in a “Memorandum of Points and Authorities in Support ol this Mo- - The Tribune has standing to challenge the sealing ot court lecords 2 he press and the public have a f onstitutiona! right to access to court records and public documents 3 Alternatives to Closure must he und rejected considered prior to closure 4 Mere publication of adverse publicity is not prejudicial to a fair trial 5 The order restricting publicity is an unlawful prim restraint - 6 The order violates the petitioner’s right to gather the news - - - Set ‘1rib page 3 Educators honor Chronicle Progress by ken Rand The Utah School Board Association presented an award Thursday Jan 12 to Chronicle Progress publisher Sue Dutson to recognize the newspapers to fairly promote understanding of state education issues f our other newspapers and reporters were also honored They were Deseret News education reporter Twila Van eer the Park City Park Record the ogan Herald Journal and the Orem Geneva Times See ‘fkJucalors’ page 3 Winter is a wonderland Dan Sperry used to cover a tree in his front yard with ice every Christmas but this year he moved his ice sculpture to a scaffold on the other side of the house It’s still a spectacular sight Sperry has been letting nature do ice sculptures for “abouf Five or six years” at his home at 600 North 350 East in Delta near the cemetery “It worked out really good” Sperry said “I got enough cold weather before Christmas But it’s too bad all that iron is showing now A week or so ago there wasn’t any showing It was all covered with ice” Sperry said the skeleton of the is scaffolding with pipe sculpture underneath it “aimed every Just add water "I put a whichaway” pipe straignt up the middle with a hose and a sprinkler on it and just spray it straight in the air” Sperry said Why does he do it? “Just for the heck of it” Sperry said Best reason in the world Winter is a playland liij 4 The sculpture has changed since this picture was taken Like Jack Frost you have to see it before it melts Can summer be far away? The West Millard Cultural Council Mi presents the Winter may be forbidding to some but to many it’s a playground Take your average brisk clear sunadd a few feet ny Sunday afternoon of snow on a hillside near Oak City a small group of friends and family a few inner tubes a couple of kids and a large barking dog inflate the tubes mix well and you have instant fun Be sure to wear warm gloves tuck your hat down firmly over your ears hold on tight and take a deeo breath before you push off over the edge and down the hill It’s more fun if you do it as a group six or eight of you linked up m several inner tubes together like a train It encourages even the most cowardly of cameramen to participate when you know you’ll all crash together Optional equipment include a loud stereo something warm to drink at the bottom ot the hill scarves and sunglasses and niavbea little warming fire Mandatory equipment: that big dog with the tail that won’t slop wagging friends kids and a good sense of fun left to right: Kelts Robinson Brook Talbot Rita Robinson Tom Robinson Chelsie Dutand Shellie son (standing) Dutson Above I Jay Robinson heads downhill minus his hat as other tubers head uphill Thursday January IS 7:30 pm Delta High Auditorium Tickets S300 each or $1000 at family |