_ The Salt Lake Tribune UTAH Thursday, May27, 1999 Alleged Drunken Driver Held on $250,000 Bail Bicyclist struck by pickup is still fighting for his life BY STEPHEN HUNT ‘THE SALTLAKE TRIBUNE FARMINGTON — Freefor two weekson standard bail of $5,000 after hitting three bicyclists, alleged drunken driver Steven Ray Hudgens was backinjail Wednesdayafter a judge increased his bail 50-fold One victim has had several surgeries, has lost his leg and partof his pelvis, and will never be able to walk or sit — if helives. Second District Judge Jon Memmott upped Hud- gens’bail to $250,000, citing the man’s nine previous ‘To appease the tans, major-league umpires are now required to take eye exams during the seventh inning stretch. : arrests for driving under the influence of alcohol. ‘The judge called Hudgens‘‘a substantial danger to the community,” and said the defendant showed “a substantial disregard for the law” bydriving on a suspendedlicense and without insurance when he hit FOR THE RECORD thebicycli Hudgens’ blood-alcohollevel was 0.20 — 2% times wah slegal limit of 0.08, according to the Utah State CrimeLab. Defense attorney Ronald Yengich protested the bail increase, saying highbailis essentially no bail UNLICENSED DENTIST? Yengich also notedthis is the first time Hudgens has , Bret John Tucker, 40, has been charged with six counts of practicing without a licenseafter he treated an undercoverofficer with an abscessed tooth and a fractured wisdom tooth. Tucker's license had been suspended for prior unprofessional conduct and expired May 31, 1998. An investigator discovered a name plate on Tucker's office door saying he was a licensed den- ~ tist and a patient in Tucker's dentist chair on May 7 s © s a '' 'ucker purportedly admitted to the officer he had been taking drugs, chargesstate, and then began working on a second patient. The undercover officer was treated by Tucker, chargesstate, who also is accused of prescribing medication. a injured anyone. Hudgens, 48, a Salt Lake City process engineer for a military-communications company, easily bailed out of jail the day of the May 16 accident. If he manages to post the higher bail, he is forbidden to drive, drink alcohol or enter any business serving alcohol, the judge ordered Heis charged with three counts of third-degree felony DUI withseriousinjury, and class B misdemeanors for improperlane change and driving on a Meetingwithlocalofficials requested; city attorney hasn’t readtheletter yet pressway, accordingto the Salt Lake County Sheriff's BY BRANDO! LOOMIS Salt Lake County sheriff's deputies’ quick response resulted in the arrest of three suspects six minutes after a crime. Early Tuesday, a man with a knife robbed the Food 4 Less at 5504 S. Van Winkle Ex- Office. Store employees gave police a description of a THE SALT LAI suspicious man and vehicle that had been driving Police spotted the vehicle in the area of 2000 E. Fort UnionBlvd.and followedit to the Fashion Place Mall, wherethey arrested three suspects on outstanding warrants and armed robbery. o FIGHT HOSPITALIZES BOY A fit of jealousy sent a Davis High Schoolstudentto the hospital Wednesdayafter he gotinto a fight with another student over a girlfriend, said Kaysville Police Chief Dave Helquist. “One student was hit in the head seriously enough for him to go into seizures,” Helquist said. “They hadto fly him to the hospital.” The student, whose name has not been released, was flownto University Hospital and wasin serious condi- tion, Helquist said A 30-year-old man was in serious condition at University Hospital on Wednesdaynight after he ran into a truck on his motorcycle while trying to evade college RIBU! iE Salt Lake City has no right to imposea free-speech closureto go along with the traffic closureit aided by selling a block of Main Street to the Mormon church. the AmericanCivil Liberties Union insisted Wednesdaywhile rejecting thecity’s explanation for behay iorrestrictions on the property Withthe street east of Temple Square nowgiving way to backhoes, and its eventual transformation into a pedestrian mall with flower gardens, the city has resisted changing anything in the $8.1 million sales agreement that turned the property over to The Churchof Jesus Christ of Latter-day Saints. But the negotiators may have left room for a First Amendment legal challenge bystipulating that the church cannotfence the public out lice officer tried to pull Richard G. Gilbert over at 3300 S. 700 East because he was speeding. Gilbert sped upafter the officer decided not to pursue him. He It is ironic at best that the city would prohibit physical walls and fences but allow walls and fences tried to pass a pickup truck while making left turn onto Hartford Avenue. As he turned, his bike clipped the front bumperofthe truck, then slid into a garbage bin andthe curb. Gilbert wasflown tothe hospital with around the public's constitutional rights,” Clark wrote. Clark requested a meeting with cityofficials to reclaim the public's free speech rights on Main head injuries. After the accident. police discovered Street and avoid a lawsuit Cutler said he had received but not yet read the that Gilbert's motorcycle had been stolen from Salt Lake County. vious ACLU letter that there wereany constitutional On Whento Seal Files or Leave Them Open training about the limits on their powers to seal court files and close hearings to the public Earlier this year, attorneys for the board of district judges. si ing rules are likely sufficient — judges just may not befollowing them, hesaid Tim Shea, attorney for state courts, acknowledges somerecent file sealings by 3rd District Court judges may havebeenover-broad lative conclusion, and automatically close such records if they the courts, such as the personnel @ constitutional right to access documents filed in court cases Instead, the Board of District to educate judges Thejudicial council will discuss the proposal at its June 30 meet- ing in Sun Valley, Idaho Attorneys for the media had proposed drafting a detailed new courtrule to provide guidance to judges The benefit of having a ruleis it’s something the court hasto follow,” said Michael O'Brien, attor ney for The Salt Lake Tribune *An educationaleffort is certain ly going to help, but a good rule would be moreof a guaranteeof Still, simply raising the issue with state benefits, judges has Professional Journalists and oth er media outlets We have accomplished our first goal of creating greater awareness of the court proce Hunt said. “We wanted to let the court know this was going on that files were being sealed wholesale Drafting a comprehensive rule to cover all scenarios would be fifficult, said 4th District Judge Guy Burningham, , chairman of . @ March13, 1994, he was arrested in Tooele,fined and ordered into a rehabilitation program. Aug. 16, 1994, he was picked up in Harrisville. fined and ordered to perform community service during 6 months probation. @ Aug. 31, 1994, he was arrested in Salt Lake City, fined $1,000 and ordered into rehabilitation. @ Oct. 29, 1995, he was caught in Weber County, fined $1,700 and sentenced to 1 yearin jail, but allowed into a diversion program. right femur was broken and hesuffered fractures to his spine, elbow andshoulder blade At the accident sce Carlson's fiancee, Cathy Feb. 10, 1996, he was arrested in Lincoln Coun ty, Wyoming, fined $1,000 and placed on 3 years’ Vojta, helped staunchhis bleeding until emergency help arrived probation. violations with the easement construction of the LDS Temple, this block of Main Street has been a public thoroughfare, and as such has borne substantial traffic in ideas as well as in}7a pedestrians and vehicles.”” To Cutler, it’s not the same. TheBoston gathering if area had a 200-yearhistory of protests, he said. Main — “They're going to have to convince me that ehat we did wasnot within constitutional restraint,” Cutler, who would not commit to a meeting with Clark until studying theletter The church is the property's private owner, and hasa legitimateinterestin curtailing certain kinds of rallies or speeches, Cutler said. “They didn’t wantit being used as a staging area Streetis just another block. “We still have 540 miles ofstreets,” he said. : In an earlier written responseto Clark, Cutler noted that the city has sold 49 street segments since for protests against them,” he said. 1986 — point Clark’s letter dismisses asirrelevant _ Clark’s legal argument against banning everything from musicto marchesrests on court decisionsthat in determining whether a pedestrian easement on Main Street comeswith constitutional rights for the have outlawed similar restrictions in other cities. Forinstance, in Boston a public gathering spotthat was leased for 99 years to private developers was ruled a public forum for protesters against a restau- public. Cutler's letter also said what happens on church property is solely up to the church. “That property is no longer public,” he wrote. “Like any other ownerof private property, [the LDS © Church] hasthe right to determine whatactivities it” rant serving veal. Salt Lake City’s founders rejected a proposal to make Main Street part of a 40-acre church campus, Clark wrote. “From that time forward, including during the will or will not allow onits property, subject to the” terms of the easement reserved by thecity. FLOOR SAMPLE LIQUIDATION SALT LAKE Regular Price 2970 Highland Dr. $2830 M-F 10-7 Sat. 10-6 467-2701 by the media were completely cret One case involved allegations that $12.8 million was discovered missing from a Utah bank last year Suchtreatment is reserved for adoption cases and expunged criminal cases, Sheasaid. Judges usually must consider sealing files on a record-by-record basis not eliminate access entirely, he sail If judges opt for training, the media attorneys have asked to be allowed to help draft resource materials. They and Shea dis agree on whether the Government Records Access and Management Act — or GRAMA applies to courtfiles In passing GRAMA, lawmakers designated some government rec ords as private, such a personal financial and medical records PARK CITY 1890 BonanzaDr. M-Sat. 10-6 645-7072 aah hair pr . DRAPER files of court employees. Thereis ng chairs PC $1479 $799 $199 $499 $1299 SL SL SL SL. PC SL $640 $299 SI $630 $agq PC $2390. SI $555 SL $2006 $4536 $198: $2101 sy $1170 $160¢ ve Visit us on-line sic/sanfrandesign $2290 $5480 $4200 $750 $1750 $2820 ey f www. citysearch.cony $4600 $110 11538 So. State M-F 10-7 Sat. 10-6 495-2300 $799. St $499 SL $1799. SL Sikes $1799 SI $499 SL $4780 Thssen Cong Thayer Cogen Rust armless ch Clearance Location $2830 $3630 isi $5180 Sai ie “ and the Utah Legislature cannot trump that right by passing GRAMA, they argue For example, a medical record provided by a worker to receive employment benefits should re main private, O'Brien argued, but a medical record filed in court to support a medical malpractice claimshouldbepublic. Judges havenot been applying GRAMA tocourt files. Medical and financial records are often filed inlitigation and are avail able in thefiles. Such records may becrucial to claims ina case, suc! as allegations of damages. and should not beclosedto thepublic Hunt contends. The Utah Code of Judicial Ad ministration is unclear on how GRAMA applies to court records Sheasaid, and will haveto beclar ified before any training occurs. SAVE 50% - 80% ON CLEARANCE ITEMS OR 12 MONTHS INTEREST FREE* Nr wing bt eas Sasi Fart onihiy Chats agen Se Bcnilstiee Tea aL ce orange esa ani sess Ati s $499 St secon =SER ei eaher oma eoe.o ’ bse ube fo St. Bucgith reaped said attorney Jeffrey Hunt, representing the Society of dures.” April 19, 1992, he was arrested in Salt Lak City, pleaded to lesser alcohol-related reckless driv ing and sentencedto 1 year probation. ministrative records related to The files noted Judges and a policy committee of the Utah Judicial Council have decided to recommend an effort @He was arrested on Feb. 22 and 23, 1989, in Ogden, pleaded to lesser counts and was sentenced to 10 daysjail sideof the shoulder. He hit three of them, throwing them 50 to 60 feet, according to prosecutor Nestel. Injured were Brian Carlson, 29, Layton; Maikel Wise, 30, Ogden; and Brookeanne Mickelson, Ogden Tosavehis life, Carlson’s left leg was amputated nearhis hip. Since then, he has endured seven other operations as surgeons continued to remove dead and dying tissue from the left side of his body, including the removalofthe left side of his pelvis. Fhyprcian Ted Kimball said the “‘hemi-pelvectomy” ‘a huge setback in terms of bilita tion, It makesit impossible for him to sit.” Carlson’s said Hunt and O’Brien contend identity of the litigants kept se- SupremeCourt of that case is unknown.Also: GRAMA should apply only to ad closedto thepublic, with even the too liberally and not following procedures required by the Utah Hudgens Thompsonsaid he had no sympathy for Hudgens. “They established he’s had 10 whacksat the apple,” Thompsonsaid. ‘People whodrive underthe influence reject the pact they have with you and me Social responsibility doesn’t mean muchto them.” According to prosecutors, Hudgens’ DUI record began in 1986 with an Ogdenarrest. Thedisposition pickup truck suddenly swerved into a line of six northboundcyclists who wereriding on the far right arefiled as part oflitigation, Shea legal rules to govern sealings, ar- guing judges were closing files and unjustified. Judges ought to rely on that legis- judges to consider adopting new Utah media outlets asked state Steven Ray he was behind the three victims when the truck swerved and “mowed them down. letter on Wednesday. He was unconvinced bya pre- Panel Recommends Judges Receive Training ed their colleagues undergo new He has been fined, jailed, and undergoneat least three stints of court-ordered counseling. His license has been suspendedsince March 1994. Yengich claimed the state has repeatedly failed to recognize Hudgens’ alcohol addiction. “Now they want to make a big showof getting tough,” he said. Arguing against higher bail, Yengich said Hudgens could walk to work and otherwise be confined to his home while awaiting trial. He said Hudgens had begun counseling through his job. On May16at about 2 p.m., Hudgens wasdriving north on state Road 89 near Fruit Heights when his rector Stephen Clark wrote in a letter to City Attorney Roger Cutler. And becausethe city maintained a perpetual public walking easement across the block and forbade fences, the street remains the same public forum it always was, Clark wrote Utah judges have recommend- drive,” Thecity cannotsell the public's rights to protest, speak or act in a waythat might offend churchstan- police. Police say a Salt Lake Community College po- THE SALT LAKE TRIBUNE “The defendantis addicted [to alcohol], he has a problem and cannot be controlled,” Nestel said. “Time and again, he made the decision to drink and dardsin a public gathering place, ACLU Legal Di- Oo PURSUIT ENDSIN INJURY BYSHEILA R. McCANN Mickelson suffered a shattered pelvis, spinal injuries and a broken foot. She was in good condition Wednesday at McKayDee Hospital. Wise, who suffered a collapsed lung, was released from the hospital last week. Bicyclist Joe Thompson said ACLU Intensifies Effort to Open Main Street Block to Protest QUICK RESPONSE TO ROBBERY through the parking lot shortly before the robbery. revokedlicense. Prosecutor Heidi Nestel had requested a higher bail of $500,000, saying there was no other way to prevent Hudgens from drinking anddriving. PROSTATE RELIEF Frequent Urination * Straining * Hesitancy These are just a few prostate (BPH) which Quipal no pau URG@MED of a non-cancerous enlarged id safely treated using @ ve PROSTATRON het with recovery penod. For more information call Toll Froe 1-877-364-TUMT (8868) or a01-364-TUMT (8868) ra. Me dase subject 4 San FrancéscoDesggn— OUTBACK *SEE STORE For OF TAILS