Eight North Star Defendants Bound Over To Trial After Five-Day Hearing PANGUITCH All eight defendants de-fendants of Escalante-based North Star Expeditions were bound over to stand trial Friday after a full week of day-long testimony in Sixth District Court. Judge K. L. Mclff took only an hour to make his decision and ordered the eight to stand trial on third degree child abuse in the death in March 1994 of 16-year old Aaron Bacon who was enrolled in the wilderness program for troubled youth. North Star owners Bill Henry and Lance Jaggar and counselors Brent Brewer, Georgette Costigan, Eric Henry, Jeff Hohenstein, Grinnell (Sonny) Duncan, and Craig Fisher were arraigned immediately imme-diately following and entered not guilty pleas, but the trial itself may not take place until later this year or early next because of court and attorney scheduling. An additional charge against Georgette Costigan of witness tampering was dismissed. dis-missed. The North Star case will probably proba-bly some important precedents for interpretation of the state's statutes governing child abuse and neglect as they relate to wilderness programs. pro-grams. The full week of testimony included lengthy questioning of six different witnesses and the entering of more than 75 exhibits, yet failed to fully clarify the semantics of the statutes and whether the state actually actu-ally licenses the people operating the program or the program itself. At week's end, before binding over and arraigning the defendants, Mclff turned to the dead youth's parents, Robert and Sally Bacon and said, "My heart goes out to Mr. and Mrs. Bacon." He said that all attorneys, at-torneys, prosecution and defense, had made reference to hindsight and "if we can apply hindsight, I'm sure the Bacons would not have sent their child to the North Star program" pro-gram" and that "North Star would not have treated their child the way they did." In his closing argument, defense attorney Floyd Holm of Cedar City said "this was a tragedy, that he died at all." "But" he said, "just because we believe it a tragedy, that does not mean a crime was committed." Prosecutors from the Attorney General's Office stated that the defendants de-fendants "instead of erring on the side of safety, waited until it was too late," until Aaron Bacon died. Much of the prosecution's case focused fo-cused on the often emotional written writ-ten testimony from journals of both staff and students of the North Star program. The state claimed that North Star personnel inflicted contributing con-tributing conditions to Aaron's death and neglected to provide food and shelter, and just watched as his condition worsened. Testimony overwhelmingly indicated in-dicated that no one around the youth really thought he was ill, that he was indeed "faking" and that their actions reflected that conclusion. Staff members at North Star perceived per-ceived him as rebellious and manipulating, ma-nipulating, due to a large extent to Sally Bacon's own assessment of her son in written reply to a standard stan-dard North Star questionnaire submitted sub-mitted when Aaron entered the program. pro-gram. A later letter she wrote to Aaron, which she encouraged the staff to read and report back about Aaron's response to, appeared to reinforce re-inforce her earlier statements about Aaron's manipulative ways, according accord-ing to defense attorneys. It was the only letter Aaron received from his mother who testified that in writing it she was trying to help him by showing "tough love." After reading read-ing the letter, Aaron wrote in his journal that he missed his parents and simply wanted them to say that they missed him and loved him and he wasn't sure anymore if they did. Mclff said the court is concerned about abuse or neglect and he carefully care-fully defined the words neglect, abuse, caretaker and client and disabled dis-abled child as they apply to the case. He said he considered the responsibility re-sponsibility to meet the medical need and the duty to make field assessments as-sessments to ascertain the need, and where those answers were unavailable unavail-able in the field, what should follow. fol-low. He said that North Star encouraged encour-aged a "green beret" attitude and was "fraught with a desensitizing mentality" men-tality" which contributed to the offenses of-fenses in the case He said the company's com-pany's policy of you-break-the-rules, you-suffer-the-consequences was employed to "an excess." The tinal three days of testimony testi-mony and exhibits included former 21-year-old North Star employee Mike Hill from San Carolos, Ariz.; the State of Utah's Division of Licensing Specialist Ken Stealer; Forensic Pathologist and Medical Examiner for the State of Utah, Dr. Todd Cameron Grey; and Physician's Assistant Robert Kent McCullough, Garfield Memorial Hospital and Clinics.. Wednesday's testimony began with cross examination by defense attorneys of the State's witness Mike Hill who was employed with North Star from September 1993 until April 1994. Hill had spent the most time with Aaron on his final day and had the most conversation conversa-tion with him, but Aaron had joined Hill's group for the first time about mid-morning. Within just a few hours, he was dead. David Sonnenreich took Hill back to the events of the day Aaron died. Hill had said in earlier testimony testi-mony that Aaron "looked worse than before" but acknowledged that Aaron had not asked for medical help and said he believed, from reports re-ports from other youth in the program, pro-gram, that Aaron was trying to starve himself. He said he took pictures of Aaron to show Aaron's mother and girlfriend and laughed with him saying, "We can laugh about how you tried to starve yourself your-self to get out of the program." In reply to questioning, Hill acknowledged acknowl-edged that he did not radio for help. Sonnenreich questioned further, noting to Hill that "Aaron was having hav-ing trouble standing and eating." Hill stated of Aaron "he was left in my charge." and Sonnenreich countered coun-tered "you never called the home base on the radio?" Hill replied, ti it no. Trying to pin down more about Aaron Bacon's condition, Sonnenreich queried Hill. Did you ever check his pulse? Hill responded, re-sponded, "No." Sonnenreich said the truth is, you didn't think Aaron Bacon was dying?" Hill responded again, "No, I thought he was starving." starv-ing." Defense attorney Floyd Holm cross examined Hill, going over student rules list and equipment (See Eight North Star Defendants Bound Over on Page 2A) North Star From Page 1 each student was required to carry. Holm discussed with Hill how stomach aches and indigesuon were a common occurrence at North Star due to change of diet. Holm to Hill "Did you personally person-ally think that he was on death's door?" Hill responded, "No." Holm went on further asking "During that time Aaron was lucid enough to give you his parents' and his girl friend's phone numbers?" Answer, "Yes." Referring to conversation Mike Hill had with Eric Henry after placing plac-ing Aaron in the back seat of the truck.. .Holm said "Even to that point when you got him in the truck. ..You didn't think he was sick, even at that point." Hill answered, an-swered, "No." Holm said, "You were mocking him so you must have thought he was still faking?" Hill answered, "True." Defense attorney Sheldon Wellins next cross examined Hill asking, "When you observed that Aaron couldn't walk, at that point did you call base and say that you had too many students and one was sick?" Hill answered "It just didn't go through my mind at that time." Wellins asked, "You didn't even try to call?" Hill answered, "No, I didn't" Blakely in his cross with Mike Hill clarified previous statements. He asked Hill "even if Aaron wasn't one of your students didn't you have the responsibility to care for him?" Hill replied that at that point he did not know it was a life and death situation. Prosecution attorney Rob Parrish again questioned Hill further on Aaron Bacon' death. He asked "Mike, you think Aaron Bacon should have been taken to a doctor?" doc-tor?" Hill, "yes." "When do you think he should have been taken or when did you first reach the opinion that Aaron should be taken to the doctor?" Hill's reply, "Not, well, after Aaron passed away." Questioning of state's witness Ken Stealer, formerly of State of Utah's Division of Licensing and currently serving as program coor- (Sce Eight North Star Defendants Bound Over On Page 3A) Eight North Star Defendants Bound Over For Trial After Hearing - From Page 2A dinator for the Division of Youth Corrections began by prosecuting attorney Craig Barlow on Wednesday afternoon and continued with cross examination by the de-. fense on Thursday morning. Stealer as former licensing specialist spe-cialist for state of Utah was the individual in-dividual responsible for seeing that the North Star program was in compliance with codes and procedures proce-dures of the state. Barlow established that Stealer had known Jaggar and Henry since 1989-90 when they applied for licensing li-censing and the three worked together to-gether to write the State of Utah standards. Stealer testified he had been asked to take the lead when setting up codes and procedures for wilderness programs in the State of Utah. Stealer gave testimony that, after af-ter the death of Aaron Bacon, he was aware of violations by North Star that had taken place. He testified testi-fied he learned that North Staff staff had allowed Bacon to go without the state-required minimum daily caloric intake of 1,800 calories per day and without a sleeping bag as a punishment for dropping his backpack back-pack along the trail. But, after assurances as-surances from Jaggar and Henry, Stealer testified he believed the program would quickly come back into compliance and did not cite either ei-ther for those perceived violations. In a letter introduced into court dated May 5, 1994, Stealer commended com-mended the two North Star employees employ-ees for their cooperation and stated their were no violations in the North Star operation. Stealer testified that after writing writ-ing the May 5 letter, he received additional ad-ditional information through a phone call from Garfield County Attorney Wallace Lee and a letter which detailed entries from North Star student participant journals. Stealer said he "didn't have the luxury lux-ury of having that (Aaron Bacon's) journal," before he wrote the May 5 letter. Stealer said he was originally told by North Star that emergency medical technician Georgette Costigan had performed a "full field assessment" (including taking a blood pressure, temperature and pinching his skin) on Aaron Bacon the day prior to his death, only to later find out that it had not be done. Stealer said he was told by North Star staffers that Aaron Bacon had collapsed in the back of the truck cab as he was being prepared pre-pared to be taken for medical assistance, assis-tance, when in fact Stealer learned the plan for Bacon was to be taken to another section of the North Star program. Asked what additional changes in information Stealer was made aware of, he testified that the Garfield County Sheriffs office was continuing their investigation based on facts from the student journals that they believed violations had taken place. Specifically that Aaron had been without food for nearly half the time in the field; that he had lost his equipment. "In -, j ) : ft x . . ' , V3 ; - t 1 1 if Sheldon Wellins light of that new information" stated Stealer and based on the information in-formation I now know, "I would have to say there were licensing violations vi-olations that contributed" to the death of Aaron Bacon. In reply to defense attorney Marcus Taylor's question, "When do you think Aaron should have been taken to a doctor?" Stealer replied, "I would have to say then, the first time Aaron lost continence. conti-nence. About a week before- his death." Thomas Blakely in his cross examination ex-amination of Stealer clarified a conversation of March 31, 1994 with Barbara Jaggar and Jennifer Brewer at North Star. Stealer had said one of the two people had said there was an assessment in the field by Georgette Costigan. "But," questioned Taylor, "she, Georgette never said the details of the assessment?" assess-ment?" Stealer replied, "No, she didn't" On Thursday afternoon, Dr. Todd Cameron Grey, Forensic Pathologist and Medical Examiner for the State of Utah testified for the state. Grey is qualified as an expert witness in Utah, Florida and New Mexico. Grey tesufied that he had been asked by the attorney general's office of-fice to review two autopsies performed per-formed on Aaron Bacon and other evidence, his findings did not differ from the two autopsies Parrish asked Dr. Grey, "What is the medical significance of that kind of weight loss? Twenty-three pounds from March 7 to March 31." Grey's reply: "A very severe and sudden weight loss ... indicates severe caloric restriction and malnutrition." malnu-trition." Grey testified that the type opf ulcer from which Aaron died tends to occur in people undergoing extreme ex-treme physiological stress And, in response to Parish's question said that "lack of treatment generally causes an ulcer to perforate?" He said that symptoms of a perforated per-forated ulcer include severe abdominal abdomi-nal pain, rigidity of the abdomen, signs of infection, hypotension, fever and elevated pulse rate. The person can also become delirious. Parrish; "As it progresses, how long could a person survive?" Grey: "One to two days to one week." The defense objected to his report re-port saying that Grey's document went beyond reporting the cause of death, that it contained gratuitous comments which they felt were prejudicial. The judge overruled defense de-fense objections and extensive detailed de-tailed questioning of Grey by Parrish continued, some of which elicited opinion and drawing of conclusions con-clusions by Grey. The defense in a motion to strike Grey's testimony, claimed that it had been based in evidence ev-idence not admissible in court, and that Grey's testimony had improperly improp-erly assigned culpability, but the judge denied the motion. Grey tesufied that help could have been given Aaron in Uie field by weighing him, watching for rectal rec-tal bleeding, studying his stool, taking his vital signs, blood pressure, pres-sure, and conducting a physical examination ex-amination all of which could have been performed by an EMT. Grey said there was no sign of dehydration dehydra-tion and that Aaron's ulcers could have contributed to his weight loss. Grey stated that the minimum amount of calories needed per day is about 3,000 calories for strenuous exercise. He testified that both hypothermia hy-pothermia and caloric restriction were contributory to Aaron's death and that trying to keep warm takes significant energy. Parrish established that the records or journals showed that Aaron had some bowel and bladder problems. Grey reiterated that proper treatment of the ulcer would have prevented death and that Aaron's ulcers possibly began to form on March 11. Grey testified that help could have been given Aaron in the field by weighing him, watching for rectal rec-tal bleeding, studying his stool, taking his vital signs, blood pressure, pres-sure, and conducting a physical examination ex-amination all of which could have been performed by an EMT. Grey said there was no sign of dehydration dehydra-tion and that Aaron's ulcers could have contributed to his weight loss. Grey stated that the minimum amount of calories needed per day is about 3,000 calories for strenuous exercise. He testified that both hypothermia hy-pothermia and caloric restriction were contributory to Aaron's death and that trying to keep warm takes significant energy. Parrish established that the records or journals showed that Aaron had some bowel and bladder problems. Grey reiterated that proper treatment of the ulcer would have prevented death. Parrish: "In your medical opinion opin-ion would any person looking at Aaron Bacon's photos have been able to see he needed medical attention?" atten-tion?" The defense objected saying they couldn't see how a medical person can testify from a medical standpoint stand-point how a lay person would perceive per-ceive photos? Judge Mclff sustained the defense de-fense objection then turned himself to the medical examiner and asked: "When you look at the photographs do they tell a story?" "What story do they tell?" Grey: that he "appears "ap-pears emaciated, listless and sick." Defense attorney Tom Blakely asked Grey about contributing factors fac-tors of alcohol, smoking, pot, and methamphetamines to development of ulcers and then, "Have you known of any people who die in the hospital under treatment for peritonitis?" peri-tonitis?" Grey: "Yes." Grey also acknowledged under questioning that there are a number of causes for stomach ache. He said he determined that Aaron looked "listless" because of his "muscle tone." Grey responded to questions from Marcus Taylor that a qualified EMT should be able to diagnose an acute abdominal problem in the field "with reasonable suspicion that peritonitis is going on.". In response to questioning by Floyd Holm, Grey replied that a normal weight for anyone of Aaron's height of 5 feet 11 and one-half inches for his age would be between 105 and 175 pounds. He said that Aaron was in the 5 percent for his weight division when he died and started below 50 percent. Defense attorney Wellins established estab-lished from questioning Grey that he had not worked directly with patients pa-tients since medical school. Parrish asked Grey what caused Aaron's ulcers ul-cers and Grey replied ," I cannot exactly ex-actly say," but he said he thought hypothermia, lack of food and other conditions in the field had exacerbated exacer-bated Aaron's weakening condition. State's witness Robert McCullough, a 16-year physicians assistant at Garfield Memorial Hospital, was questioned by Prosecuting attorney Wallace Lee. McCullough said he had been performing per-forming intake physicals for North Star for about four years. He testified testi-fied that the physicals were "quite extensive, more extensive than normal everyday physicals" and he outlined the variety of lab tests performed. per-formed. McCullough said that Aaron's general physical condition was good, although he had a history of hypotension. He said Aaron weighed in at 131 pounds an the lab reported indicated use of marijuana. At Lee's request, he outlined the EMT program in Garfield County which he has headed up for many years. He told the court that EMTs . ; ,. r.f. xt&fftp ijrj I ifffT : Is h , .A J ) p'v. kk 1'." -i ''Zm Mike Hill receive 120 hours training over 8-10 8-10 weeks and ongoing education of 20 hours a year. He testified that EMTs to not receive training to diagnose di-agnose conditions but are taught to evaluate, stabilize and tfansport to prevent further deterioration in their patient. At Lee's questioning, McCullough said that he would expect ex-pect EMTs to evaluate for tenderness tender-ness and refer the patient in the event of severe stomach pain. He said that EMTs are not trained to evaluate more clinical weight loss. When Lee showed him two photos pho-tos of Aaron taken on his last day of life, McCullough said he would expect EMTs to become involved if a patient looked like the photos. McCullough testified that EMTs from North Star brought other students stu-dents to the Escalante Clinic or Panguitch Clinic and that it was not uncommon to see indigestion, blisters, cuts and sprains. McCullough said he attended Aaron on March 31, the day he died on the hole-In-The-Rock Road. He said when he arrived, Aaron was on the ground and CPR was being administered. ad-ministered. Sonnenreich took over questioning question-ing for the defense, asking McCullough if Georgette Costigan had ever brought in other students from North star for other than intake in-take physicals. McCullough: "On at least a couple of dozen occasions" occa-sions" for stomachabdominal pain, some for appendicitis. He said, "Typically, EMTs are meant to respond to acute emergency emer-gency situations. EMTs are not meant to be placed in situations to make clinical judgments." Responding to Blakely's questions, ques-tions, McCullough testified that he was generally made aware of intake students at North Star that basically, they have drug abuse, are in a high risk group sexually, in rough situations, situa-tions, sometimes come into the program right off the street." Asked if the physical and history would pick up a pre-existing ulcer, McCullough replied, "No, might determine if gastric pain but that is not always an indication. He said that routine blood tests do not always al-ways come back right away. McCullough testified that the shortest period of time from perforation perfo-ration of ulcer to onset of peritonitis peritoni-tis is from one hour but most cases are from 24 to 48 hours. He said that he had seen patients die from peritonitis. Asked about his perception of Aaron's physical; condition at the time of his death, McCullough said, "At the time of death, you are concerned with life sustaining, not noting physical appearance. He said that he was able to start an IV on Aaron easily, but that he saw mostly Aaron's face chest and arms. He said he did not notice Aaron's weight loss. 'In 20 minutes, I was too busy to really note it. Aaron was life-flighted to a Page, Ariz, hospital where he was pronounced dead. (See Eight Northstar Defendants Bound Over On Page 4A) North Star From Page 3A Blakely asked McCullough if reporting of child abuse is part of his duty to which he replied, "Yes." When Blakely asked McCullough if he had made a subsequent report of child abuse in Aaron's case and he said that he had not. In redirect, Lee asked McCullough McCul-lough if he had ever seen anyone with a 23-pound weight loss in 24 days. He said that he had not. Much discussion ensued because the statute under which North Star defendants are charged has never been used before in Utah and the judge had lots of questions about its interpretauon. Referring to the last photos of Aaron, Sonnenreich read a passage from Mike Hill's journal that said. "On the 30th , Aaron didn't look bad, on the 31st, he looked really bad." In closing arguments, defense attorneys at-torneys each spoke generally on the case and each specifically of his own client. Parrish, in closing said, "Once it was decided that Aaron was a faker, a manipulator, that was the party line ... nothing else was done for Aaron's needs." Marcus Taylor said none of the defendants "knew that Aaron was going to die" and that "no one in their mind concluded it was a life-threatening life-threatening situation." Taylor pointed out that the statute under which the defendants are charged uses the terms "intentionally, "inten-tionally, knowingly and recklessly" none of which he believes apply to his clients.