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Show I WEEKLY REFLEX DAVIS NEWS JOURNAL, AUGUST 24, 1980 NORTH DAVIS LEADER, AUGUST 21, 1980 wola Attempt For Assisflanroce document and in reality this proves a more successful service by his olfice. On the other side, though, Atty. Martin told the commission that he "must have funds to offer an " adequate defense by the By MARK D. M1CKELSEN FARMINGTON While Davis County Public Defender Loren Martin renewed his plight Tuesday for assistance in coping with an already heaping caseload, County Atty. Rodney Page criticized the lawyer's poorly planned request to change the employment terms of a conti act draw n uplastyearby thecounty Another problem, Atty. Martin said, is that indigents have to be given adequate defense sei vices. State law requires that if a person is in jail, a preliminary hearing has to be set within ten day s. I his pros the attorney said, w as not a law when the public defender's olfice was set up. com- mission ATT PAGE told the commission he believes it is wrong to consider adding another man to help Mr. Martin, based on the fact thai the deiciidcr's contract was supposedly good for one year, in which time assistance on cases is allowed . THIS FORGES Atty Martin to take care ot moie than his share of indigent cases, or misdemeanors "Every time come in I have to justify my existence." . felony-relate- A The county attorney said he realizes that if Atty. Martin wants to make special application to the commission for help, this is fine. But Atty. Page explained that this is the wrong time" tp take action to approve any measure which would guarantee problems in budgeting. CABLE TV IS COMING IN HIS third appearance before the county commission. Atty. Martin presented them with several charts and w ritten statements about his performance as the legal defender. One document, a case load comparison of legal defenses cases through 1980. showed a total of 260 cases, 85 percent of which were felonies. Todd Hilton, back, and Kirk Jolley lay underground cable in Clinton for what officials hope will bring cable TV iserviie to that area in about a month. Other areas of the county will have to wait a bit longer but plans call for. turning on the whole county within a year and-a-hal- By TOM BUSSELBERG If you live in north Davis County and happen to be fortunate to live in certain area, you could be seeing cable television programs in your home within a couple of months. BOUNTIFUL ON THE other hand, if you live in a city that hasn't been franchised, for instance, that possibility could still be about 18 months away, says county cable manager Kim Magness, whose office is located in Bountiful. Much of Davis County has been "franchised" for cable since 1966, but little has been done until the past couple of fedyears, largely because of eral regulations restricting cable TV growth. Now. four crews are working in the couninstallaty preparing for cable three of them in the tion Clinton area. WORK W'AS to have begun Monday on a "trunk line' to Clearfield with areas in Clinton and north Layton hopefully receiving cable by Oct. 1, he says. "We will turn it on in mile segments and we e can build the trunk in weeks and test it for tw weeks. 20-3- 0 two-thre- Other areas will take a bit v eter-alonger says the cable TV whose father started parent Telcommunications. Inc., one of the nation's largest cable We hope to have operators. most of Clearfield. Layton. Sunset and Clinton on by the end of the year." WEST POINT AND Syracuse in that area will not be included just yet because franchises have not been received by Mr. Magness says those will be sought shortly. Some aicas ol the city or even neighborhoods may be turned on" to service sooner than others depending on ability to complete work, he savs. That may depend on whether lines have to go above or below ground and ability to coordinate eftorts with utilities includcoming telephone and power panies. IN BOUNTIFUL, for instance . w oi k is in an earlier stage but continuing at a fast pace. A lot of "preliminary work" has to be done before wires can be strung or buried and the system activated, Mr. Magness points out. After a franchise is granted, a pole line agreement must be worked out with the telephone and powercompames to utilize their poles for cable placement. Cable route mapping could take upwards of five months and includes a detailed accounting of each pole in an area and determination made of the best way to route it, he explains. THE WALKOUT" wheie representatives of all three groups actually go through an area to determine if there if adequate space on the polls for cable could take a few months. Sometimes we have to replace a pole and that could cost $70044.000, Mr. Magness says, noting lines must be strung at a certain distance from other wires to neet national safety standards. Then we have to go to the engineering phase. We can do 40 miles of engineenng a month." he notes, but with 12.000 poles and 300 miles of cable to install in the county that takes some time although the rate can be increased with more ctews. if necessary. Extortion Scheme Of $100,000 By Brothers Fai! LAYTON A $ 100.000 ex- tortion scheme by two brothers to get money from their mother through a kidnapping hoax has failed and one w ith suspect has been charged theft by extortion. Other charges are pending. JAMES THOM AS Gettings, 29, of 425 S. 1000 E.. Salt Lake City, is being held in Davis County Jail on $25,000 bond. He is charged in the complaint Designed by Layton Police tective Kent Lewis before Fourth Circuit Judge Douglas L. Comaby of Layton. The defendant apparently turned himself in to police last week and appeared before Judge Comaby Wednesday morning. Arraignment was continued. GETTINGS told the judge that he was aware of an alleged extortion attempt with his brother, Lloyd, which in volved a kidnapping hoax and an attempt to get $100,000 from their mother as "ransom." Det. Lewis said that apparently only $4,000 was paid and that this money was recovered after the arrest of Gettings. JAMES GETTINGS told I told my Judge Cornaby that it . that do to not d) brother (Hoy it wasn't right and that it wouldn't work. I told him I wouldn't go along with it unless forced to ag gunpoint; that it was just a crazy scheme. Asked by the judge if he was forced at gunpoint to particidefendant pate in the hoax, the quietly replied, "yes. POLICE AND FBI agents are continuing the investigation and further arrests and accordcharges are expected, ing to Dct. Lewis. MAKE ready construction" where utility companies do actual preparation of the poles can take as much as six months. The actual public relations alerting potential customers, marketing and installation can be don quickly, he says. "In Bountiful we're approximately 50 percent done with the pole inspection and some ACTUAL done. of the engineering Bountiful Power has been is really has been beautiful and it moving Ive been very pleased with them. (Their) engineering plans look to be very efficient. TEMPORARY suspension had delayed completion in Bountiful but he savs now things are moving and the city should be "turned on" to sevice "well within a year. A In Woods Cross, activity is past the preliminaary mapping and engineering and into the "make ready" stages with Utah Power and Light and Mountain Bell as well as in North Salt Lake, while no franchise is held yet in West Bountiful. IN FARMINGTON, all of the engineering has been completed and the walkout done and Mr. Magness says hes " "waiting for the stage and in Kaysville a contractor has been hired to do the make ready work. An agreement was reached with Hill AFB late last week, as well, to provide service there. "I hope it's not much more than I1; years (to activate the make-ready- entire county). I think it will go faster than that. So much of the preliminary work is done. Ill gear up to do 60 miles a month (if necessary). SOME 25 percent of the electrical materials are on hand and 50 percent of the cable needed for the county is at the Bountiful office. Some $1.5 million has already been spent and some $6 million has been budgeted to finsih the county, Mr. Magness says. Programming will be sent to homes after it is received from satellite transmissions by an earth station in Farmington at 700 N. 100 E. That facility has been operational since February. RESPONSE FROM residents to work done by crews in the area has been good, he reports, with the crew brought in with experience under their belt in constructing a system in Salem, Payson and Spanish Fork in Utah County. In laying underground cable about the only proof of their work is what looks like an edging job along the cub after theyre done. Marketing, where potential customers are told about the service, begins once cable is under construction. Service is explained, prices quoted and brochures distributed. Actual installation begins three-fou- r weeks after cable is installed. FURTHER information is available by calling Wasatch Community TV in south Davis, Davis, 298-352- or north The paper was used to emphasize Atty. Martin's need for assistance , and also to give an indication of the num- ber of felonious charges, many of which require more time from Atty. Martin's office I CANNOT keep all of the cases coming through." the lawyer said, urging the commission to realize that there has to be a limit, that there has to be a time when the legal defense office says stop. He said the legal defender's office has been working with less money than many other counties, comparing Davis to another precinct which allows $80,000 for the same services. Atty. Martin revealed the fact that he makes only $29,000. POINTING A finger at what he called a demand to prove himself in every meeting, the attorney gave the commission- ers another document based on performance. The paper states that in the last four years of operation of the legal defense office, no complaint has been made to the county commission. It also states that during the same time period, only two groups have appealed to the Supreme Court, but of the two both were defeated later. "This is a strong indication, says the document, that the persons represented whether found guilty or not were satisfied that they had been adequately represented." ATTY. MARTINS argument that the number of appeals is low was emphasized 479-065- Syracuse Accepts By MARK I). MICKELSEN A problem SYRACUSE with tardy garbage collection bolstered the Syracuse City Council Thursday into accepting bids from two other refuse collectors. THE COUNCIL opened offers from Intermountain Refuse at $2.23 per month per household for a one year contract. For a three year bid, the company offered $2.69. The other bid, from Howard Robison Co., contracted $2.21 per home a month with an eight percent increase oover that amount on a three year con- tract. After some discussion. Intermountain Refuse Spokesman Robert Strebel told the council his company is extremely interested in the Syracuse bid. "The reason were coming to this city, he said, is because were losing East Layton." The town has plans to merge with Layton city, he added, and Layton maintains their own garbage service. MR. STREBEL said his company's trucks are fully equipped with radios, an advantage with allows munication com- between the co- llectors. He added backup trucks are also available in the case of an emergency. Though the Intermountain bid was more than the Robison offer, Mr. Strebel urged the council to accept his contract, saying the equipment and people involved are reliable and monetarily worth it. "Take that into consideration, he told the council. THE CURRENT Syracuse collector, known as Kimose. was criticized by the countil Thursday as being late several times in picking up the garbage. The tardiness in collec- -' tion resulted in some angry calls from local residents who complained that their garbage was being strewn all over. Both Mayor Boyd Thurgood and Councilman Susan Martin complained that they had received numerous calls themselves. MAYOR THURGOOD did say that Kimose should not be blamed for all the problems. The company suffered two losses when one of their trucks caught fire and the other was in an accident. Rather than making any bids, the council agreed to give the Kimose Company a y probation period. In the written agreement, Mayor Thurgood states that if any serious problems develop in the collection process, the city may discontinue the contract and go with the new bids. KIMOSE HAS informed the council that he has two new trucks ordered which bear all the standard requirements for collection. Councilman John Thayne cautioned the group that any hasty decisions during the y probation might be disadvantageous to the city. Maybe we should stay with him (Kimose) and see what happens, the councilman said. But the mayor made it clear that any problems during the probation will force the city to look for other collectors. He also suggested choosing one of the other bids in case anything develops, but the council voted unanimously to period complete the first. IN AN unrelated matter. Councilman Ben Thurgood 90-da- y Martin said, voicing some criticism over the fact that his office has received opposition Irom the county attorney's office since the beginning of the legal defense program. THE OFFICE has saved the count money . the lawyer said, and yet Atty. v Martin said he is assigned the task of deciding how to handle all the cases and possibly face complaints tiom people believing they weren't properly defended. Asked by Comm. Glen Flint what would happen il the commission decided not to do anything about the caseload increase. Atty. Martin said he is to the point w here the caseload is more than can be handled by one man. ATTY. RODNEY Page refrained from any talk about what the commission should decide in the case, but explained that "when you enter into a contract, it is assumed that it is for the full year." He also added that Atty. Martin has agreed to a cons entered into a tract." Atty Page said ol Attv Martin's suggestion toi help cost-plu- "1 DON'T know that . cate about moie money at this point. with a plea that he doe-- n t want to be icspon'ible to watc hovet anotherattoincv in the detendei office, but onlv to do ntv thing. he vud Atlv Martin answeied G om m Mo s S vv a pp motioned that the group not make anv decision until Comm Eine-- t I bcrh.ud ic turns tiom vacation Driving While d specific amount. "My concern is a contractual one." he said, explaining that costs certainly change from year to year, but that there is only a certain fixed amount allowed for the public defender's office. IN YET another comparison. Atty. Martin said some counties pay $75,000 for someone to handle all of the cases. "We have handled 97 percent of the cases here," he added, at a cost of $29, (KM). He also said that if the commission places the burden on someone to guess what will happen without some assistance, the county runs the risk of more than their share of appeals and complaints. "THERE MUST be some stability in this office," said Atty. Martin, not just an effort to hire different people in when the help is needed, in reference to past months where other attorneys have assisted on some of the cases. Martin said he is concerned that the low bidder will win in such a case. Atty. Page I DON'T think it's a question of the lower bid." Atty. Page said, "but the performance as well. The attorney said the commission should use the same process to look at an attorney bid as they do w ith Bid asked the group to approve a de- cision on the newer refuse 90-da- v anv other bid. that requiring not only the cost estimate, but the reliability as well "But 1 don't think anv oi us contract from D&J Sweeper Company for street cleaning in the city. The request came after Thurgood priced serveral sweeping machines and found the costs more than what the city could adequately handle. One price he quoted neared the $25,000 figure. Thurgoods argument for hiring a service company to do the work was that D&K charge only $65 per hour, a savings of several thousand dollars over the next couple of vears. THE COUNCILMAN added that the sweepers would require about four hours each time to do the job. If the Intoxicated By GARY R. BLODGETT LAYTON What constitutes driving while under the influence of alcohol? THE STATE Statute specifies that it means the accused must have "actual physical control of the vehicle " But what does this mean? Layton City Attorney Bruce Barton and private attorney Robert Echard argued the case before Fourth Circuit Judge Douglas L Cornaby of Layton last week, relating to an actual case that is pending. THE FACTS of the case, as presented to the judge, indicate that the motorist was charged with DUI parked on the left (wrong) side of a frontage road north of State Road 108. The motor of the car was running and there s was a bottle of alcohol, empty, lying on the front seat. The man arrested was lothree-fourth- cated behind the steering wheel, but when found by officers he was unconscious either from being asleep or passed out. THE DOOR on the driver' , side was open. Did the person found in the car actually drive to the site and then pass out or go to sleep? Under these conditions, was the occupant of the car "under actual physical control of the vehicle" as is specified by the State Statute? City ATTORNEY Barton argued that you can presume the occupant was the driver, that it was not logical to think that the man just happened by , climbed inside and drank the liquor (vodka) and then passed out. The occupant when tested for alcohol content measured .38, indicating a high content of alcohol, more than suffi machine's maintenance and the interest cost involved in securing a loan. THE COUNCILMAN also said the Salt Lake sweepers could come to the city on request within four or five days. In a unanimous decision, the council approved the D&K bid. Bai-to- n HE ALSO noted that although the man was not presently doing any harm, the fast that the cai was parked on the traveled portion of the road with the motor running should, alone, determine cause. "He pulled over onto the wrong side of the road, know ing that he shouldn't be driv ing yet not knowing what was the right thing to do." said Attoi-neBarton. ''Also, you shouldn't allow sleep or passing out as a delense against DL or there would be no end to drivers faking sleep or unconsciousness to avoid arrest or conviction." y 1 play-actin- ATTORNEY Echard took a different view. "The court can't engage in presumption. It must rule on facts, and facts along." he said. "How can a person be in control of a vehicle when he is unconscious0" HE EMPHASIZED that the State Statute states that t he person must be undei actual (present) physical control ol a vehicle, and that's impossible under the circumstances described. Judge Cornaby then ruled THE OCCUPANT is guilty of having actual physical control of the vehicle based on the the car following facts: ( motor was running; (2) he (occupant) was found behind the steering wheel; (3) the car was paiked on the traveled portion of the road, and (4) it was warm time of the year and can be presumed that the motor was not running tor heater use. "I know it is a borderline case, but it does parallel previous State Supreme C ourt rulings. thus my basis for ruling. the judge said. ) More Money For Aerial Photos FARMINGTON The Davis County Commission has approved an extra $450 for a series of aerial photographs to be completed for future survey work in the county. TWO represehtatives in favor of the project last week asked for the increase because of the additional cost required to photograph larger seections of the county gravel pit, and area Spokesman Joe Moore said should be surveyed more in depth for the benefit of fixture expansion in the area. the company doing the photographs added $890 more to the original charge, but subtracted about $450 from an earlier estimate for photographs of a north Davis canal area. According to Mr. Moore, the photographs Aero-Graphic- s, show land contours which match exactly those o the area. PLANNER Barry Burton is eight-hou- plus worry about the legal- Comm. Approves machines stay beyond the r limit, D&K pay for the trip back to Salt Lake City, the company's residence. Councilman Thurgood said it seems foolish to pay $25,000. cient to make any person ly intoxicated. Attorney aigued Kaysville News Houseguest of Mrs. Diane Flint and family are her sister and her family, Mr. and Mrs. Gene Norman from Sacramento, Calif. They will also visit in Layton with Mr. and Mrs. Donlad Adams. Robert France of Cleveland. Ohioisin Utah visiting with his daughter and Mr. son-in-la- and Mrs. Bob Sanders of Farmington. try ing to get the developers, in some of the aieas to be photographed. to pay for the cost of the aerial serv ice He said most all of the money for the gravel pit and a North Salt Lake contour road will be handled by the developers. In the northern Davis canal area, though, the money is expected to take longer, but Burton believes it will eventually come back to the county. I'M NOT sure we ll get all of this back from the developers." Mr. Moore said, explaining that he expects at least a 90 percent return on the county 's money, barring of course any unforseen deductions. Mr. Moore said the Highway Department is set to design a new access road near North Salt Lake, but won't start until the survey photo- graphs have been taken. Comm. Glen Flint asked that the NSL mayor be contacted on the issue, with the hope that the city would be involved with the project. MR. MOORE said he though North Salt Lake would be interested and suggested a meeting. With regard to the project itself, the planners expect the photographs to be taken w ithin the week. Mr. Moore told the council that if surveyors were to do the job, it would take an entire summer. He applauded the commission's decision to have the work done from the air. mdm |