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Show Richfield Jury Convicts North Star Counselor In Tearful Seven-Day Trial RICHFIELD Twenty-two-year-old Craig Fisher, former counselor with the North Star Expeditions, Inc. of Escalante, was found guilty of abuse or neglect of a disabled child, a third degree felony, by jurors in a Richfield courtroom Tuesday, Nov. 5. The jury deliberated a little over two hours before coming back into the courtroom where their verdict set off a flood of tears across the room. Fisher was the only defendant among nine original defendants, all charged in October 1994 with the same crime, to go to trial. All nine had been accused of felonies in the death of 16-year-old Aaron Bacon on Mar. 31, 1994. Only 19 himself at the time of Aaron's death from peritonitis resulting from perforated ulcers, Fisher had steadfastly maintained his innocence of the charge as had all other defendants. defen-dants. One of the original nine defendants defen-dants had charges against him dismissed, one entered a plea to a lesser charge early on in the case, and one other has yet to sign a diversion agreement. Five other North Star defendants, defen-dants, who have said that their families could not withstand the length, expense and hardship of a possible six-week trial, opted to accept plea bargains from the state of Utah. Each pleaded guilty to a misdemeanor charge of negligent homicide and each was sentenced to varying community service hours and court fines. After Judge KL. Mclff moved venue of the trial from Garfield to Sevier county, some 40 potential jurors were polled, from which eight were ultimately selected to deliberate the case. State prosecutors Craig Barlow and Robert Parrish sought to convict con-vict Fisher of abuse or neglect of a disabled child. The North Star case was the first to be tried under the new Utah law. Judge K. L. Mclff told jurors that to find Fisher guilty under the new law, they must (1) find him to be a "caretaker" of Aaron Bacom; (2) between Mar. 11 and Mar. 31, 1994; (3) in Garfield County, Utah; where he (4) "intentionally, knowingly or recklessly," (5) "abused" or "neglected" Aaron Bacon; (6) a "disabled child" when the "abuse or neglect" took place. Instructions to the jury included specific definitions for intentionally, inten-tionally, knowingly, recklessly, disabled child, and for caretaker, abuse, abused and neglect and they were asked to disregard all other definitions. Any guilty verdict, they were told, must mean that they found Fisher guilty of each separate element ele-ment of the crime. Prosecutors had contended from the outset that Aaron Bacon was a disabled child throughout his stint in North Star, because he was never in a position to secure his own food, clothes, shelter, etc. And that (See Richfield Jurors Convict Fisher In North Star Trial Page 2A) r Richfield Jurors Convict Fisher In Seven-Day North Star Trial From Page 1 North Star counselors, staff and owners on numerous days throughout through-out the month-long "primitive" section sec-tion denied Bacon "those very necessities, ne-cessities, food, shelter, clothing and even human dignity." Subsequently say prosecutors, Bacon, who entered the wilderness program at 5' 11" and weighing 131 pounds was "systematically abused and starved over a period of 30 days, losing some 23 pounds. The state attempted to show the court a "process" "pro-cess" of slow starvation, malnutrition malnutri-tion and susequent hypothermia, shock and death. While parents of the victim, Robert and Sally Bacon of Phoenix, Ariz, found little solace in the conviction con-viction of Craig Fisher, they nevertheless never-theless felt the verdict worth the two-plus years of their frustration and waiting. They were less pleased with the previous Friday's sentencing of five other North Star defendants in Panguitch. They had little good to say about the legal system in Utah and reserved their comments about Judge K. L. Mclff and the state of Utah until after sentencing of Fisher, set for Dec. 19 at 10 a.m. in Panguitch. Defense Attorney E. Kent Winward of Ogden also reserved his comments until a later date. However, How-ever, Winward's comments from earlier court proceedings and from opening arguments to the jury, indicated his unwavering belief in his client's innocence as had attor-j attor-j ; neys for all other defendants. Winward had stated to jurors how "tragic" it is ever to lose a vital, sensitive 16-year-old. But he ' said that just because someone had unexpectedly and tragically died "does not necessarily mean that blame needs to be affixed." He alleged that his client, while acting as Aaron's counselor throughout the program's "primitive" section, did not retain actual care or custody over Aaron Bacon and certainly never "intentionally" meant to cause the youth harm. The Bacons expressed gratefulness grateful-ness that the defense did not try to build up their own case by tearing down the Bacon's deceased son. State prosecutors, assisted by investigator Dianna Hollis and legal assistant Brenda Stubbs presented four full days of expert witnesses, fellow participants of Aaron's in the North Star program and fellow counselors of Craig Fisher. While prosecution witnesses contended Aaron complained at times of stomach pains, was gradually gradu-ally getting weaker and losing overall over-all bodily control, testimony never came out that Aaron was ever dou-bled-over in pain or crying out to be taken to a doctor. Instead the process appeared to be a more gradual one that went continually unheeded or unnoticed by North Star personnel, fellow hikers and counselors. North Star students were required to wear at keast two layers of clothing which tended to disguise an unusual slenderness. Defense witnesses contended that everyone around Aaron from the first day of primitive thought he was "faking, lazy and just plain rebellious re-bellious " that up until his death, ho one knew he was in fact "gravely ill." Defense Attorney Winward argued ar-gued that if so many others, including includ-ing LAPD police officers, staff members, an EMT and other adults who physically saw Aaron Bacon those last days, could not ascertain he was dying, how could a 19-year-old, virtually untrained counselor do so. The case was marked by widespread wide-spread television and print media coverage. Actions taken by the state's Salt lake City and local attorneys and their failure to take certain other actions required by law were brought into question by the Garfield County News which also challenged the sealing of a motion by the judge in the case. Appeals are expected to be filed in the case, further television media attention is expected with the "Leeza" show filming on Nov. 13 for later airing, and other shows uppcoming. The Bacons have also sold film rights to the story. Others are preparing books for early relase. Additional lawsuits are also expected to be filed. Yet to be sentenced are Fisher, and former counselor Eric Henry whose charges are yet to be resolved. Former North Star Counselor Mike Hill, testified against his former employers and fellow staff (See Fisher Convicted In North Star Trial In Richfield Page 4A) Fisher Convicted In North Star Trial From Paee 2A members at the May 1994 prelim-ininary prelim-ininary hearing. At the time, the state, and the Bacons, had knowledge knowl-edge that Hill had molested one or more students in the North Star program. Hill was working as a counselor in a more advanced part of North Star's program at the time that young Bacon entered the program. He apparently was not assigned to Aaron's group but was with Aaron the day that he died. Only after continued pressure by the victim's mother and help from the Garfield County News by exposing the facts, did the state of Utah finally charge Hill with a second degree felony. Hill entered a guilty plea in August to having sexually molested her son in December 1993, slightly over two months before Aaron entered the program. The state, without the victim or his mother having been notified about the hearing date or potential plea agreement as required by law, entered into an oral plea agreement with Hill and allowed him to return to college in Kansas. Hill was not used by the state as a witness at the Richfield trial of Fisher. He has yet to sign his misdemeanor mis-demeanor plea agreement with the state which had been set for Nov. 7. It has now been continued tentatively tenta-tively to Dec. 5. |
