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Show From San Juan County... AROUND THE BEND AGAIN... By Ken Sleight JUSTICE IN SAN JUAN COUNTY? In a recent San Juan County Court, Dan Kent faced Judge Hazelton after Dan's gallant stand In front of the earth graders. It didn't take the court long to bring Dan to heel as he was fined $400 on three counts and $50 restitution for his efforts. Dan had been dragged from a site on Harts Point by Sheriffs deputies and arrested recently because he tried to prevent San Juan County officials from using earth machines to gouge out a new roadway through a beautiful natural area. He was rushed to court in a short period of time. It takes Native American people a long, long time to get justice in San Juan County, witness the recent School Board decision, but when the county wants to act on a case it can act quickly. During court. Prosecutor Craig Halls successfully argued that Dan Kent had simply broken the law - resisting arrest by police officers. This you don't do San that. as in Juan County. It was simple as The court would not allow a simple presentation of all of the facts and arguments of the case by the defendant or his witnesses. The court apparently only heard what it wanted to hear. Because of this, Dan's arguments were not properly examined, evaluated and used in the decision making process. Had all of the competing arguments been examined ce Justice-of-the-Pea- ed together, truth and justice may have prevailed. Never mind the fact that Dan Kent was minding his own business when ordered to disperse. He and others were there to see to it that no road would be gouged out of the beautiful and sacred landscape according to law and that justice was served. Never mind the fact that the sheriff disobeyed the orders of the federal government. Seemingly, the sheriff was under orders or directives from the county to overtly resist federal actions. The sheriff's department was being used as neither the sheriff nor his deputies were given the full facts. Information concerning the orders was withheld from them by the county until after the sheriff had allowed the road grader to continue blading a new roadway. Never mind the fact that BLM Area Manager, Kent Walter, acted under federal authority with orders in hand. The county was Min trespass." After ordering the road officials, and later the sheriff, "to cease and desist," Walter stepped aside rather than confront the county further. (I wonder what would have happened if Walter had come armed with his own federal soldiers.) The county, seeing Dan Kent an easier prey and vulnerable, arrested him rather than taking on a BLM official Never mind that the Environmental Policy Act of 1969 states that environmental studies must be accomplished prior to such destructive actions and the public shall be involved in the decision-makin- g process. Never mind the fact that I had asked that we all - the sheriff, the county, the state, and the federal government and interested publics - all sit down, discuss the matter and enter into a dialogue to solve the problem. The machines could surely wait and nothing was I had urgent. But this solution was too easy, practical and civilized to serve their purpose. asked fora conversation via radio with County Commissioner Redd on the matter, and this was denied me. Never mind the fact that I had asked the sheriff to cite the county for its illegal acts prior to Dan Kent's arrest. But the authorities wouldn't listen as our pleas meant nothing to them. So anguished was I that I talked to the very same Judge Hazelton on my return to Monticello as to how to bring charges against the county. During the trial. Attorney Halls successfully prevented all of this from entering the record. He did his job, to our chagrin, most skillfully. But in upholding objections raised by Attorney Halls, Judge Hazelton prevented the bigger and even more important concerns from being heard that should have been heard. In reality, the Justice of the Peace should not have had jurisdiction over this case because of its complexity and its consequences. As more judicial expertise was needed, the case should have been taken to a higher court. Questions remain. Does the sheriff hold all powers? Is he able to disobey the law himself? Can another, a county commissioner, order him to do so? Can an officer order another person to break a lawful order? Can he make a person jump off a cliff? Can he Dan Kent stood up for the law order a person to abandon his own moral principles? and was arrested. While the police made way for the machines, Dan fought for his mother earth to keep it from being desecrated. I am sure that many responsible persons would react in the same manner. One wouldn't stand around and watch his own mother raped without an angry response would one? After I had testified, quickly cut off by County Attorney Halls, I had a short time of real struggle. I felt a gag had been stuffed into my mouth which prevented me from expressing all that I knew about the case. It was like a nightmare of not being able to explain, fight, or do anything about it. Through it all, Dan's defense suffered, his rights diminished. It was curious to me that no comparative and related case law was dted in Dan Kent's defense. I fed there were many similar cases that could have been dted where police had overstepped their bounds. And curious too, that the judge ordered restitution from Dan Kent but none from the BLM or others, myself induded, for holding up the work crew from their labors. It's a form of selective enforcement, I would think. The decision should be appealed, but I doubt Dan himself, in talking with him, has the personal resources to cany it through the appeal process. Possibly we can yet find those resources. It would be a travesty indeed if real justice could not be served. We are always being told by our leaders to report crime, to resist crime, to stand up dtizens. Society would be the winner. It didn't work against crime, and to be that way for Dan. This adverse decision certainly sends the wrong message to our youth. Sure I was disappointed, my greatest fears realized. It's an old Mormon tradition that church leaders, governing officials and local laws are expected to be obeyed without from earlier pioneer frontier days when church officials, the question. It's still a hold-ovgoverning officials, ruled the roost in deciding civil affairs of the communities. That tradition still exists in San Juan, my gut reaction told me, whether that feeling is justified or not. Two things are obviously wrong: the needless desecration already done to the earth and the resulting injustice done to Dan Kent. The desecrated roads need to be reclaimed and justice yet accomplished. But one good thing came from this, the county was forced to stop their blading actions on Class D roads and the matter is now in federal court. Dan's contribution will not be forgotten. far-reachi- "law-abidin- g" er NAVAJOS GET THEIR SCHOOL - HOPEFULLY Navajo students at Navajo Mountain may soon have their own high school It's been a long disgraceful road to follow, but there is now some light at the end of a long tunnel In latter November, U.S. District Judge Bruce S. Jenkins ordered the various parties to sign a consent decree to help overcome their differences. The parties included the federal government, the Navajo Nation, the State of Utah, and the San Juan School District Sitting there in the courtroom with my other advocate friends, I cautiously held out hope as the San Juan County School board, sitting defensively on the front seat of the gallery, seemed to resist signing any agreement. However, Judge Jenkins really left the parties little option, giving them another two days to hammer out a deal. The attorneys on each side worked overtime. An order and consent decree was finally signed. It was agreed that a temporary high school would be established for the start of the 1997 school year and then a permanent high school would be in place by 1999. BOOK CLIFFS HOMESTEADS Thompson Springs, Utah We still have 63 lots available at the base of the scenic Book Cliffs, whese the sounds of silence are broken only by the lonesome whistle of a freight fast-movi- Call Janie Tuft at Paradise Realty: ng (801) 259-265- 0 FAX: 259-269- 9 |