The Salt Lake Tribune UTAH Tuesday January 30, 1996 Small Group Attends Memorial for Executed Killer When LDS Chapel Is Razed in N. Utah, Community Will Lose Part OfIts Heritage THE ASSOCIATED PRESS BEAR RIVER CITY — A Mormonchapel and social hall that for nearly 100 years has been thecenterof life in Bear RiverCity is about to be torn down, and some residents say a the building knownto old-tim- Brigham City unless it would still three or four oldfolks that last summerby wind and re- won't do it Holmgren sees the demoli- be used onour church. pairs werejudgedtoo costly It’s not a bitterness, but everybodykind of feels bad, like you're taking part o: tage away said LaRene Braegger, the town’s unofficial historian. The Mormonsof Bear River City remember picture shows accompanied bya piano, afterschool marbles games on the church’s sunny southside and ler Mass. suit filed by the Utah County fam ily of a man who died while trying to rescuea boy from drowning in anirrigation canal The unanimous decision by the state's highest court overrules 4th Taylor was living in “homeless poverty. isolation and loneliness,” thepriest said. “The of us who sat with [Taylor] heard the tearful cry of a person wanting to be whole, complete — one with God table trend This is what's happenedto all the United States,” he said There's so many people mov- In the midst of such a “deep, deep hurt it's hard to believe anyone can love you, ac cept you,” ing in and moving out. Youget roots in a townlikethis. and it all focuses around a church or District Judge Lynn Davis, who granted AmericanFork Irrigation Co.’s request to dismissthesuit by Highland widow Lori Whipple andherfour children In dismissing the case, Davis Today. and your town cited Utah SupremeCourt rulings in 1986 and 1987 that generally have shielded canal owners from liability for injuries or deaths in their waters. But in reviving the Whipple’s case, the high court concludedthe Howe, the court also noted the Whipple complaint cited “swift currents. slick sides and traps for debris,” and that “extensive fac tual allegations are not necessary in a complaint Unlessthere is a settlement be: tween the family and the irriga the case now will be allowed to proceed through pretrial proceedings Whipple, 38, a building con Erie Larsen, 10 drowned in the canal in mid-1993. Erie was attending a birthday party in the Whipple yard when children began playfully engaging ina water fight, The vouth appar- ently leaned over the canal edge to fill a cup with water and fell in Whipple jumpedin immediately, but the pair disappeared from Though canal operators and other property owners generally are peeled ty statutes such as 7the Utah Limitation2 of Landown= er Liability Act, as well as prior the supreme Boast several accident in describing the aquatic trap” tims or their survivors have pre. vailed in lawsuits by proving hid- den conditions imperiled the victinis } For instance, federal appeals courts have affirmed damage awards to the families of children who drowned in pools that were deeper than they appeared due to excessive mudand sawdust The Whipple's attorneys at the Provo firm of Howard, Lewis & Petersen declined comment Does Refractive Surgery Offer that helped kill trying to save. vic short and the i = be ( dist ~ D P, I were found torpre : Drops % eee V | Le W en All t Say aie ne fa Svea Wet dens cn awsult had cougar t Robb o: ‘ 5 : {Hat revocation of his hunting li ented double jeopardy. being Punished both criminally and ad f Chris. ion « state's argument that Robb not eeugE Re °US@t licen Punitive measure butnecessary 1 : : tt : a) i | foan | it I { ne several tim 1 f i gH v c pe of I i il r hreater : ha Y UNTIL DEBT DO US ee er TOTROLERCOE TIURONIELACTS American Fork Irrigation had insisted the Whipple family’s failure to employ the term “hidden T a Sea RpME ve! t cited! 1 es ee: ac Wg Re ere Alle EUIEG AN savor : St ar ™inistratively for thesamie crime, icense revocation was Beare ian ne lifes aer ee So wildlife board repre ; et ; sn of Wildlife the Utah Division Bercougé naa Y sources tines ccu re claimed’ Ula tently. seston haley 1992 cougar pc and last year’s the t i n g 11-year-old Charl, with a telephone cord in 1989 near Ogden. Taylor's fingerprints , In pretrial rulings {he Rob! Robb had lost twice on arguments co t someth som h convicted of sexua @ Continued from B-1 ly clearto proceed withlitigation John Whippleandthe boy he was rated when Taylor was small father Spent little time with his unter IV ent 1990, after John Taylor was convicted of murder Taylor said at the moment of his death. “1 be thinking about my dad. Lee Lee said Taylor's father and mother sepa Irrigation ef negligently design: for debris ut \ aft died of heart disease on Oct. 7. ue family’s complaint was sufficient — especially Taylor discussed the C ing and maintaining a ditch that traps currents and reated swift re i ‘ t He told me, “You Rodriguez in the last hour tion But in conversations withhis uncle. Gordor Lee, of Oregon. Taylor wanted to know about his father. Albert Henry Taylor They apparently got weighed ey aid Le might disrupt the cerem attor included defense fear demonstrators ny. The 12 attendees i aendit deni¢ neys. their friends and spouses down by excessive debris in the Cougar H _ But Taylor never exp ecret for Rogers said she the telephone him in to authoritie in the depths of depresssionwecanturntoGod —and Johr sight quickly canal and drowned Lori Whipple and her children — Jennifer. Christopher, Jeff, and Kelsey — accused American Fork on God forgives all. and when we are feeling Rodriguez said The memorial Mass — which included anc hymns, recitations of biblical pas: sharing the Communion — was planned by de and written by Justice Richard and we celebrate this return home of John to God,” starts falling apart tractor, Rodriguez said. But Taylor came to trust in God's love and mercy a school or astore. You lose tion company. “With his baptism. John came home and Taylor as a Roman Catholic a few days before s execution by firing squad Friday Utah Court Reinstates Suit Against Canal Firm By Ted Cilwick THE SALT LAKE TRIBUNE The Utah Supreme Court has reinstated a wrongful-death law John Albert Taylor Rodriguez — a prison chaplain — baptized There's at the request of the 36-year-old condemned inmate N said, ‘I believe in this God who is merciful tion as part of a larger. regret- one of them, TRI Like the biblical prodigal son lost, but now he’s found,” said the F Rodriguez during the Catholic memorial We hadso much respect for this church here,” Del Holmgren, 70, said. “A lot of guys wouldn't send their tithing to go will withit LAKE executed child-kil ers as the Amusement Hall The building was damaged sense of community fense attorney Kristine Rogers Stephen Hunt B F E: A dozen people gathered in a small cha St. Ann’s Church Monday to say goodbye to dances that packedthe part of For Love and oney. bernard 10 hare heckhook each o t h e r , ach other. 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