Show Delta Utah J2fl 00 In eeuttty S25 00 out tf county ( months J13 00 (In Advance) Copy 50c Senior Cit zens (65 and older) $18 0 On cour J20 00 out of L'SPS County 0 V ol 79 No 3 1 F cb 2 1989 Murder prelim dosed by Ken Rand Spectators were euiu Jed from a preliminary hearing which began Jan 24 in I illmore for two men accused of capital homicide in connection with the death of Gordon Ray Church Court recessed Thursday evening when artorneyv for the two men quested and got rime to prepare written briefs for courrs consideration It is not known when the preliminary hearing would resume Attorneys for Michael Anthony Archuleta 26 and Lance onway Wood 20 argued Tuesday that an open hearing would jeopardize their clients' right to a fair trial Last Millard Justice of the Peace Ronald R Hare agreed In addition to the motion to dose the preliminary hearing Judge Hare alio heard motions to unseal the court record and lift the gag order Hare had placed on official comment on the case the day Archuleta and Wood were rested Tf ie motions were filed hy an attorney who represented the Saif ake Tribune and an attorney for the Lrah CTiapter of the Society of Professional and the Deseret Nes Journalists Hare acting as I ourrh ( irui' ourt judge denied those motions The body of ( hutch 2$ of ( City was found Nov 23 in tbs Dog Valley area off i IJ near ore fort The Southern Utah State College senior had been beaten to death Two days later Archuleta and Wood were rested and charged with a variety of crimes in connection with Church’s death including capital homicide agaggravated gravated kidnapping assault and car theft SD't session rs tmg held m the In dice of the Peace Courtroom at the Public Safety Building in I illmore Before family and press were fold to leave the tiny room was crowded Chris Jorgensen from the Salt Lake KL'TV reporter kelly love Tribune this Lance Wood and Ka'hleer ( hrisrerisen of the edar ity Duily Spectrum represented the meda f amily members of the victim and defendant also attended As the vesii m begun Wood and Arch u!efa were ied 'he ur’room f'nm the aijucr nc were rnanaeVJ fvy wor: oranae p':on uritforms The ‘a! through mo'ions thut expression Hare had t'arif" cSeJ de'J a hearing on the new paper’ petition to lift the gag order an i uri cal the court records for 3pm Wednesday Jan 25 Atune f orp torneys for the owners of the Su ake Tribune he pe1 Mon be heard conquested secutively wrh the motion to clove the prehrmnary learng Hare granted tfud reqqrst and a1! heard before the preliminary hearing got underway Marcus Taylor Wood's attorney joined in the motion for closure of the hearing wirh Archuleta's attorney Michael f spln Millard County Attorney Warren Peterson said he had no objection to the motion “We recognize the public's interest in the preliminary hearing” he said “but we also recognize the county's obligation to provide a setting for a fair trial” I splin said his reason for requesting the closure of the hearing (and arguing the gag order be continued and the record remain sealed) was “to avoid publicity (that would) impair my clients right to a fair hearing VI fa rJ small is very County and the (victim’s) populaoon-wism the family is very community" He added he expected to introduce evidence that would be admissible aaainst Wood but not Archuleta during the preliminary hearing "I’m just afraid a jury would not be able to separate that evidence in forming their opinion of my client” he said “That may also apply to physical evidence” Lsplin said “I don’t believe I West Desert gets resident deputy by Ken Rand A Sheriff's Deputy will be stationed in the W'evt Desert to patrol full time filling a major law enforcement gap in an area that Millard County Sheriff Fd Phillips called “the largest beat in the United Sta'cs” Phillips estimated Deputy Farnie Booth will be responsible (or a terri’ory of about 3600 square miles That’s the sizcof Salt Lake Davis and Utah counties combined It is twice the size of the sta'e of Rhode Island Popula'ion of the area is about 500 to 600 Boo'h will live in Garrison and be supervised out of the Sheriff’s office in I illmore hut Phillips said he will also work rn Juab and Beaver touri'ies “He will be working in (he western portion of bo'h of thoe counties" he said “They will m turn reimburse a portion of the cost of having him out there to Millard County” C onimissioner Mike Stylet said the county has entered an “interlocal cooperation agreement” with Beaver and Juab to pay (or ihe deputy and give him authority to operate in thrive counties Tlie agreement was finalized at the county commission meeting in f illmore T uevday Jan Booth has been m law enforcement for le work cd for veve'al years scars a a dtrpu'y sheriff in Juab Coun ty and for the Ltah Highway Patrol He has a!o worked for Ncphi Utah County arid wrh the state narcotics task force f'hilhps hired him several months ago to work in the county jail illmore in I "He is about hat wav looking (or to go out west” Phillips said "He has had a lot of bak ground in the ranching industry and with caole And he's a horseman” I’m “Basically pretty qualified” bjoth said “I can well ride a horse dang near anywhere rodeo a lo' still ride hulls Occasionally and I’ve team roped know cattle I’ve worked on a ranch for a while" Booth is single He also knows the territory "I’m familiar with most of it" he said "I've gone out there several times look mg for wild horse1 counting how many are M out there for the was a deputy for Juab County so I've g me out to Callao and Partoun I'm very familiar with the West Desert in Juab County” The needs for all three coiin'tcs are the same Boo'h said basically " Ihcv’re all set up the same” he said “I heir offices are on the east end of the coun’y and there is nothing out on the west side so if something happens out there it's usual's three or four b ' if be ue i: o boja i( han one dle it” His presence in the area will improve response time to only a few minutes in many cases Booth said Booth will serve a small population in a vast area Five hundred people in 3(XXt square miles is only one person per six square miles Compare that to Salt I ake City with 2168 persons per square nnle or Millard County as a whole with about two persons per square mile there Despite the small population is still a need for law enforcement in the W est Desert “It's a severe need” Booth said “There are a lot of things that go on out there that go unreported because there's nobody out there to report it to A lot of times people won't call us because it'll be a hassle They have to cal! to I illmore and dispatch a deputy from there A lot of times thes'd rather not bother” Phillips said there has been a need for a deputy in the West Desert for the past six or seven years At law enforcement services were provided by a County Road Department work for the cmploee who did Sheriff's Department Liut a deputy is rio longer the answer “The profession of law enin this day and forcement age is Saa Plow 2 IIH'ITV is a case where there is an other than a gag order is that “The other alternative mu'erial sought to be introduced is by st pulation limited” Esplm said “That's another way the Supreme Court (has provided) that damage be fi 'estalled In this case we have no suh stipulation ” Lsplin added exposure of the court would have “a chilling effect on the defendants rights I think it's going to be difficult as it is” In concurring with Fsphn Taylor fold the court exposure of the preliminary hearing and the court record might have an effect on the defendants decision on whether or not to testily “That decision ought to be with their made in consultation counsel” he said "They should not be hampered or chilled by fear or apprehension of publicity that may be given m this case” Peterson told the court the Utah and of Community Department Economic Development estimated the MdUrd County population in 1988 at about 13200 He also stipulated that the victim’s paternal grandfather was a former Delta Mayor that 60 to 65 percent of the county population live in the Delta area that the victim’s father is currently a member of the Delta City Council and associated with the school board and the victim’s mother works for hirst Security Bank in Delta "The arguments raised by defense cc unsel are consistent with the feelings or the victim’s family” Peterson said “I don’t know that the victim’s family s feelings are pertinent to the courts d vision but we cenainly want to make no’e of them here” In arguing against the motion to close the hearing Kathy Snedaker attorney for the Deseret News and the Utah Chapter of the Society of Profes- - See PRELIM page 2 AF wants bids on test range by ken Rand The Air Force intends to seek bids for construction contracts on a proposed electronic test range in the West ImDesert before an Environmental pact Statement on the project is completed a writer for the Deseret News said Washington correspondent Gordon Eliot White wrote in the Deseret News that Air Force Capt Garrett Mason told him recently the Pentagon will award contracts in June Public hearings on the draft EJS on the plan are scheduled to be held about that time including one in Delta The final EIS is scheduled for release in September Air Force officials have said the project is not a “done deal” until a “record of decision” has been filled by the federal government Public opinion expressed in the June hearings on the draft EIS will be considered in making that decision officials have said a In a letter to Downwinders citizen’s watchdog group based in Salt Lake City Lt Col Thomas J Bartol said the Air orce will not file a final decision on the project before October Bartol is a director of the Programs and Division of the Air Environmental Force But Mason's statements reinforced Downwinders spokesman Steve Erickson’s belief that a decision has already been made to proceed with the project regardless of public opinion E rickson said military officials sought permits from the Bureau of Land Management for the battlefield before even mentioning the proposal to the public “The date of the first scoping was the 14th and the date of these permit See AIR FORCE page 3 Public notices Public notices in this weeks issue include the following: A county zoning ordinance a CDBG hearreclassification ing three job announcements a summons two nonces to water users a county zoning orthe dinance manual hearing school district meeting agenda and an ItnHk property sale These notices arpear on and 12 They are there pages because you have a rght to know what your government is doing courthouse in Provo Hamilton was tried here in August 3987 relief was held here Friday Note the petition for snow on the steps This and all other entrances but the east side were locked There two Utah County Sheriff's Deputies monitored a metal detector like those used in airports Everyone who entered the building passed through it The His Hamilton retrial being considered by Ken Rand George Wesley Hamilton claims he should be given a new trial because the jury that convicted him of murder saw a newspaper article about the case durI ourth District Judge ing deliberations George I Balltf has taken under advisement Hamilton’s request after hearriday Jan ing final oral arguments 27 in Provo Ballif would not predict when he would reach a decision Hamilton was convicted of second degree murder in August 1987 in connection with the dca'h of Sharon Sant ol I illmore two ears earlier The dismembered body of the Southern Ltah State College student was found by a road crew in a shallow grave near Cove f ort in August 1985 1985 while Sant disappeared Aug from Cedar City to hitchhiking I illmore Hamilton was sentenced to serve a term of live years to lile tr the state prison The jury recommended he be denied parole Balltf presided over the original trial It took place in the 18 months ago same courtroom where 'he latest session occurred A shang ol venue quest from Millard County to Utah County had been grained Jurors were not sequestered during Hamilton’s trial but Ballil repeatedly admonished them against discussing the case reading about it or w 3tching accounts of it on TV When he filed for release early last year Hamilton claimed a juror ignored the court order and showed other jurors a newspaper article about the case during deliberations "This should answer your questions” the juror is reported to have said to the other seven when he took the newspaper article out of his pocket The others promptly told him to put it back in his pocket but the damage may have already been done said that Hamilton’s attorneys misconduct prejudiced the jury validating the verdict against him The article had appeared in the Provo Herald the day before It quoted Robert Bolt originally a suspect in the crime as saying Hamilton killed Sant Butt and Hamilton were to have been tried together but charges against Bolt were dropped for lack of evidence Prosecutors also decided Bott would not he called as a witness because they felt his testimony was unreliable Believing he had been granted imBott munity by the prosecution retracted earlier denials of involvement and confessed to sexually abusing Sant and mutilating her after Hamilton had killed her The L’tah Supreme Court last June ordered Balltf to determine whether should be reined Last Hamilton Ballif interviewed jurors September one at a time in a closed courtroom about the incident and its effect on See HAMILTON page Quake shakes great state Millard County residents Sunday night fell the shockwave of an earthquake that shook residents throughout Ltah and adjacent areas of Wyoming and Colorado The quake occured at 907 pm Sunday Jan 29 University ot Utah seismologists said the epicenter was 16 miles southeast of Salina in the Fish Lake National I orest That’s about 30 miles east of I illmore The earthquake registered 5 4 on the Richter scale at the U No injuries were reported and only minor damage occured as a result of the temblor but phone lines were down temporarily in Carbon County and law in Millard enforcement dispatchers County and elsewhere in Utah were flooded with calls “ Ml we know at this time is that it’s beng leit up and down the Wasatch 3 Front" a dispatcher for the Millard Sheriffs Department said County minutes after the quake struck Residents as far north as Rock Springs Wyoming felt the temblor It was felt as far east as Grand Junction Colorado and as far south as Cedar City It was also felt in Salt I ake City An near earthquake struck Castledaie in August its epicenter not far from the latest one It registered 56 on the Richter scale Two aftershocks followed later the same day The largest quake in Utah’s recent history occured in 1975 It shook the Pocatello Valley on the border and measured 6 on the Richter scale Utah’s major earthquake fault line is the Wasatch Fault which runs from Brigham City through Salt Lake City to Ncphi The Sunday quake apparen:-- l rxi involve the Wasatch Fault |