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Show Mnttqpirnaill Decision not to prosecute leaves too many questions There is some merit in Wasatch County Prosecutor Joseph E. Tesch's decision not to prosecute Heber City Police Chief Bobby Nelson and his brother, Don, a city animal control officer, for alleged unlawful behavior (see story front page). As Tesch stated, the evidence of the welter of allegations against the Nelson brothers is rather stale and this deficiency would serve to lower "the probability of ultimate convictions" in the event Tesch had decided to prosecute the Nelsons and gone to trial. The nature of the position requires the prosecutor to weigh numerous factors in deciding whether or not to prosecute. In any case, there is a grey area between the' "soft" and "hard" evidence, and the ultimate decision whether to go to trial must be grounded, principally, in this evidentiary twilight zone. These judgment calls are not easy to make. In the case of the Nelson Brothers, Tesch opted to plea bargain rather than prosecute. The agreement between Tesch and the Nelsons was based on the understanding the Heber City Council would dismiss the Nelson brothers for cause and not appeal or contest the action in any manner. Given Tesch's goal of precluding the Nelsons from working for the Heber City Police Department or, for that matter, any law enforcement agency, the plea bargain was a logical step. It was logical, but not necessarily satisfactory. The effectuation of the agreement depends entirely on the Heber City Council. Tesch is in no position to enforce it, and he knows this. As of this writing, it was not clear whether the city' council would terminate the Nelson brothers. Whatever action the council takes will not silence the questions and concerns which surround the controversy. If the council opts to fire the Nelsons, there is no assurance they will be precluded from working for another law enforcement agency. Moreover, some may attribute their termination to politics, witch hunting or other factors. In spite of their agreement to the plea bargain, the Nelsons may well maintain their innocence of the alleged incidents and Heber citizens may be deprived of removing the cloud of uncertainty which shadows the community. Of course, the Nelsons' acceptance of the plea bargain may be revealing in itself, but people sign termination agreements for a variety of reasons and not necessarily for the stated reasons or causes. If the council does not terminate the employment of the Nelsons, then the efficacy of Tesch's negotiated arrangement will have been undermined. And the 20 to 25 Heber residents who lodged complaints and allegations with the Wasatch County Sheriff's Office will be left with great concerns about the integrity of the law enforcement process. For all of these reasons, and others, we believe Tesch should have taken the Nelsons to court. He may not have obtained a conviction, but that, really, is beside the point. The effort would have been worthwhile if, as we suspect, a number of concerns and questions would have been resolved. While not guaranteeing justice., a trial provides an opportunity for justice for all parties. A trial would have afforded the Nelsons a chance to clear their names and reputations. And it would afford the Heber community the comfort of knowing that no man, police officer or not, is above the law. The allegations which have been levelled are of a serious nature. They are the more compelling because they have been made, not by a handful, but by many Heber residents, and because the county investigation developed "credible" evidence. That these allegations have been targeted against those responsible for enforcing the law is all the more reason for judicial resolution. DGA |