OCR Text |
Show North Star Prosecutors Ask For Change Of Venue To SLC Area PANGUITCH The state's prosecutors in the widely publicized North Star case are asking for a change of venue to Utah County or Salt Lake County, charging that potential jurors in Garfield County has been corrupted beyond their ability to make a fair decision. The reason for that corruption according to affidavits and memoranda memo-randa accompanying the motion from Garfield County Attorney. Wallace Lee and Assistant Attorney General Rob Parrish is blamed almost entirely on the Garfield County News. The case, in which owners and employees of the wilderness program pro-gram for troubled teens have been charged with felonies after the death of 16-year-old Aaron Bacon in March 1994, has been the subject of nationwide media attention. But, says County Attorney Lee, "with the exception of a few news articles, news accounts from sources other than the Garfield County News have been primarily factual and unbiased." And, Lee says (as he accuses the Garfield County News of publishing "inaccurate, inflammatory information" informat-ion" and vilifying the State Attorney General's Office), moving the trial to a larger county where an unbiased jury can be selected is "the only way to assure a fair trial." Lee's affidavit acknowledges that he sought a list of ward members from defendant Lance Jaggar's LDS bishop "in preparation prepara-tion for jury selection." He said the bishop refused to give him a list, saying that it is against LDS Church policy to' do so. Lee quotes him as saying that everyone in Escalante had "formed an opinion" on the case. However, the same bishop told the Garfield County News that not everyone in Escalante Esca-lante shares the same opinion and that he is personally aware of differing opinions. The Garfield County News questions the propriety propri-ety of Lee asking for a list of LDS Church members "in preparation for jury selection." At the April 18 hearing in Panguitch, the subject of potential jurors having formed opinions prior to the trial was discussed. The judge and attorneys agreed that a pre-formed opinion of innocence or guilt is not a deterrent to serving as a juror and that jurors are capable of making fair and impartial judgment on the basis of evidence presented at trial despite what they may have heard or read prior to trial. Lee says the Garfield County News is the "primary source of information on the North Star case," which suggests that the county's residents do not watch television (on which have appeared numerous sensationalized reports about North Star) or read accounts of the North Star case in the Salt Lake City newspapers or in magazines. Lee's memorandum mentions the name of the Garfield County CodyBrinkerhoff News 37 times in its 22 pages. His memorandum mentions the Salt Lake Tribune twice and the Deseret News twice. The Salt Lake Tribune has printed more articles about North Star than has the Garfield County News While Lee falsely accuses the Garfield County News of printing information obtained from defense attorneys and information that would not be admissible in court in an effort to bias jurors, he totally disregards accounts of the case that have appeared in the Salt Lake Tribune . The Tribune's articles have included in-depth accounts about Challenger (the court ruled Challenger information would not be admitted), excerpts from Aaron Bacon's journal which the court ruled would not be admitted, and information about North Star's financial condition not yet introduced in court, that was obtained from an investigator close to the state's prosecutors who testified at the preliminary hearing. Lee does not mention the wide circulation of the Tribune in both Utah and Salt Lake Counties where the prosecution is seeking to move the trial. Nor does Lee mention inflammatory, dramatic television accounts of the North Star case, generally perceived as extremely biased in favor of the prosecution. While falsely accusing the Garfield County News of being an "agent" for defense attroneys, Lee never questions where other print and television media may have gotten their unusually timely and detailed information, information that did not come from court hearings and clearly did not come out of Escalapte or Panguitch. The Garfield County News has never expressed an opinion on the innocence or guilt of the accused. The Garfield County News has, however, supported the right of the accused to fair and adequate legal defense. The Garfield Count' News stands behind its news reporting, defending it as accurate and unbiased and also stands firmly behind its editorial opinions. Lee's memorandum is full of false accusations, inaccurate and out-of-context quotes and fails to distinguish the difference between "articles" and "editorials". Lee's memorandum also claims that the defendants have too much "standing" in the community and that the teenager who died had none. He also cites the defendants' church activity and says "these defendants continue to receives substantial support from the church, its members and the community." He also criticizes remarks by former North Star attorney Sheldon Wellins, and North Star defense attorneys Tom Blakely and James Bradshaw. The Garfield County News continues to ask why, after two years of knowing that an individual (important witness or not) has confessed to molesting a 17-year- I Tyler Owens These two high school juniors are headed for Boys State at Weber University in Ogden. The event is sponsored by the American Legion. Cody Brinkerhoff attends Bryce Valley High School and Tyler Owens, Panguitch High School Both young men, outstanding students at their respective schools, will experience the mechanics of government in action first hand, then return to their schools in the rail to apply what they have learned old boy, the State of Utah has made no arrest, has provided no evidence that an investigation is being conducted, has never interviewed the alleged victim, and continues to refuse to respond to telephone calls from the alleged victim's mother. The alleged crime occurred in Garfield County and its follow-through follow-through should be a concern of Lee also, in his role as county attorney. Defense attorneys in the North Star case are preparing their response to the prosecution's motion for a change of venue, expected to be filed with the court in about two weeks. |