| Show f by Kea Rand A man convicted last year in a trial he did nor attend has asked for a new trial Fourth District Judge Cullen Y Christensen is considering the request by Marvin A Kessler Kessler was convicted m May 989 of forcible sodomy a first degree felony He could be sentenced to life in prison Kessler was not in the Fillmore courtroom when he was convicted He was arrested early this year Kessler’s appearance in court in Fillmore Wednesday August was to have been for sentencing Bui that action was suspended until Christensen could hear arguments on a separate motion Kessler's attorney Leonard E McGee argued a motion in arrest of judgement which would prompt a new trial McGee argued his motion on three rf Nuria Pequela relaxing in her Oak City home Spanish geologist digs Oak City Canyon by Ken Rand Nuria Pequela found in Oak City Canyon the right place to study for her PhD thesis and in Oak City some good people to stay with while she’s at it Pequela 27 is a structural geologist from Barcelona Spain She got her bachelor’s degree from the University of Barcelona She got her Master's and is working on her doctorate at the University of Rochester New York “Structural geology is the study of how rocks are deformed" she said “how they are broken and folded Other people work on how they are formed Those are I don’t worry about sedimcntologisls that I want to see how they are deformed" In the US there are two places to study structural geology: the Appalachian Mountains or the Rocky Mountains “The first year I was in the US" she said “I wenttobothplacesjusttosec I decided there was no way I w as going to work in the Appalachians" The Appalachians ate more difficult to study because “it is more vegetated and it’s more crowded" Pequela said Besides “I like out West much more I like the big open spaces you have out here" Pequcla’s specific topic of study when she came out West three summers ago: "the relationship between thrusting and cinerogenic sedimentation" (Cinerogenic sedimentation: “During the process of mountain building" she explained "at the same time the mountains are lifted they arc eroded and some sediments are deposited") Three areas in the West ideal for the topic are Echo Canyon west of Evanston Wyoming another in northern Utah and Oak City Canyon “I went to the three areas" she said "and I decided I liked this one better” But last summer she saw something more interesting so she changed her topic completely “AH this range (Canyon Mountain) is a big fold” she said "I think I can see how this fold grew with time I thought that was much more interesting so I told my advisor and he said ‘Oh that sounds good’” The title of her new topic is “a study of the growth history of a fault propagation fold (Canyon Range Utah) by using cremental paleostrcss distribution from fault population analysis to constrain finite element models" The project is approved by the Management Board of the GSA (Geological Society of America) Division of Structural Geology and Tectonics It is financed by a grant from the Spanish government The field work is composed of geological mapping (“With a topographic map from the USGS” she said "I take notes of what types of rocks there are and how they are related in space") and taking data sets from core populations (“There are fracture planes lines that show how they move" she said "If you take thousands of samples you can know how much strain there is in the rock") Mapping is more interesting she said Core sample collection is boring Pequela's interest in geology began when she was a Girl Scout On trips to the Pyrenees Mountains she would quiz her leader "Why are these rocks here?” she would ask and “Why are these mountains here and not there?" Besides she likes to be outdoors But Pequela says she almost gave up soon after she got here three summers ago At the time she was living in a tent in the campground by herself and desperate for human companionship and the amenities of civilization Like a real bath She asked the Oak City Postmaster if he knew where she could rent a room The Fred and Ann Jackson family of Oak City took her in “If it weren't for this family" she said "I would have quit school am really really happy It makes a big difference to come home rather than to go to an empty tent" For relaxation in Oak City Pequela likes to watch movies and do jigsaw puzzles “Since I spend all my time outdoors " she said "when I come back I like to sit down and just be inside" For relaxation in Spain "then I would go to the mountains" she said The Pyrenees are only two hours away from Barcelona "I miss not having mountains in Rochester" she said Pequela will start writing her PhD dissertation this winter With her doctorate (in about two years she hopes) she will look for work as a college professor or with a geological survey company or perhaps an oil company One other plan in her future: marriage next December Pequcla’s fiance is an economics student at the University of Rochester He is working this summer at the Bank of Mexico in Mexico City Pequela plans to visit him there later this month "I am going to take a break from hiking all day" she said Good timing: "There is really no point working when it is really hot like this I am always in the sun and hiking up always up” She will return to finish her field work in September when it is cooler Then she will write get married get her PhD and get on with her life Among her memories will be a brief stay in a tiny American town where she felt very very welcome Fourth District Court activities At a session of the Fourth District Court held in Fillmore Wednesday August the following criminal actions were taken: Michael Edward Miller appeared Miller in an extradition proceedings refused to waive extradition to Color ado on a charge of burglary a second dc gree felony Bail was continued at $2500 The slate will pursue extradition William Howard Houis also known as Robert H Myels appeared on an amended charge of attempted perjury a third degree felony Defendant pleaded guilty and waived time for sentencing He was sentenced to serve years in the state prison and fined $500 and ordered to pay $125 to the victim's reparation fund The sentence was suspended and defendant was placed on probation for 36 months under condition that he pay fines as ordered and serve six months in the MiDard County jail with credit for time served Sentence is to run concurrent with other sentences to which the defendant may be subject Charles E Hogoboom appeared for sentencing after a 90 day evaluation after having pleaded guilty to an amended charge of forcible sexual abuse a second degree felony He was sentenced to years in the state prison He was fmed $625 and ordered to pay $ 5625 to the victim’s reparation fund Collie Paul Robison appeared for sentencing after having pleaded guilty to one count of distributing a controlled a third degree substance marijuana felony Two other counts were dropped Defendant was ordered to undergo a 90- - - - Millard County Chronicle Progress Judge to rule on new trial request day evaluation He was ordered to serve in the state prison Sentence was stayed and he was placed on 36 months probation Terms of probation include attending a drug and alcohol abuse clinic as directed by Adult Probation and Parole payment of a $500 fine or 100 hours of community alternative service payment of $ 25 to the victim’s reparation fund and payment of restitution if any He was also ordered to serve 120 days in the Millard County jail with school or work release approved as The jail sentence was appropriate stayed for 30 days — Billie Joe Jackson appeared for sentencing after having pleaded guilty to an amended charge of attempted theft of a motor vehicle He was sentenced to serve years in the state prison Sentence was stayed and defendant was put on 36 months probation As a condition of probation he was ordered to pay a Fine of $500 pay $125 to the victim’s reparation fund and pay restitution as determined by the court He was also ordered to serve 124 days in the Millard County jail with credit for time served The state recommended he be held at the Millard County jail while warrants from Las Vegas are checked Marvin A Kessler appeared for sentencing after having been convicted of forcible sodomy a first degree felony Sentencing was stayed pending ruling on motions presented for a new trial Several civil matters were also heard Judge CuHcn Y Christensen presided grounds: Kessler was provided “ineffectual assistance" by then public defender Milt Harmon Millard County Deputy Attorney Dexter Anderson who prosecuted Kessler in 1989 had defended him "on substantially the same charges" in 1979 Kessler was not at the trial the defendant’s Phyllis Kessler wife was living with him on April 7 1986 when the crime for which he was convicted took place She testified he never left Point of Rocks Wyoming where they were living at the time during the weekend the crime occurred in Fillmore McGee said Hannon was given names of others who could testify to corroborate Kessler's claim but Harmon failed to pursue the matter Had Harmon done so McGee claimed at least one juror could have had a reasonable doubt about Kessler's guilt and the verdict could have been different "This is in the nature of an alibi that should have been raised at trial" McGee said Kessler said he could not get to (lie trial because his truck had been destroyed in a fire and he could not get another ride Jeri Kessler the defendant’s said she was asked by Harmon to testify the day before the trial but was not subpoenaed and did not appear "I just didn't want to get in the middle of it" she said She testified that she thought the incident for which Kessler was being tried took place in 1980 She said Harmon did not mention adateinthcirl989 conversation She said she did little socializing with the defendant in 1986 Kessler look the stand to say he asked Harmon for a continuance "three to five times” “He didn't seem to think it mattered" he said He testified he never left Wyoming during the time the crime look place in Utah Deputy County Attorney Patricia Geary showed Kessler time cards from his job at the Jim Bridgcr Power Plant near Rock Springs that showed he worked days in May 1986 and that he was not working the weekend of the crime Kessler told Geary he asked Harmon for the continuances because Hannon had not contacted corroborating witnesses his truck had burned up and he could find no alternate transportation and "I thought it would be detrimental for me to be here" Geary pointed out that Kessler came to Fillmore in the spring of 1989 for his daughter's graduation but could not come to his May 986 trial for which if convicted he could spend die rest of his life in prison die defendant's Tiffany Lazero niece said she did not see Kessler in Fillmore during the spring of 1986 Roxine Kessler the defendant’s former wife said Kt came to Utah from Wyoming “al ost every weekend" in the spring of 1986 Milt Harmon now an attorney in Nephi was Millard County public defender in 1989 He said he believed Jeri Kessler knew he was referring to a 986 incident when he interviewed her the day before the trial Since then he said the question about dates has come up but there was no such confusion at the time County deputy attorney story clarified An article in the July 26 990 edition of die Millard County Chronicle Progress reported on the Millard County Commission's action affecting a deputy Millard County Attorney position According to a statement from Millard County Attorney Warren Peterson: "The article entitled “Geary Contract Extended" reported that the County Commission extended a contract for Patricia Geary Actually neither deputy county attorney has a specific employment contract The County Commission had previously funded two deputy county attorney positions until September 30 1990 when the funding for the second deputy position would expire The County Attorney Warren Peterson intended to choose at that time between the two deputies based upon merit The County Commission stead extended the funding for the two positions until January in part so that the incoming county attorney LeRay Jackson could choose hi deputy" 14 FAIRVTEW - The body of a 7 year old girl was found about 11:00 p m Friday night the apparent victim of a murder according to Deputy Marshall Chuck Ramsey The body of Shara Lee Church daughter of Mr and Mrs Denn is Church Fairview was found in the basement furnace room at die Terry Curtis residence Fairview Sanpete County Sheriff Wallace Buchanan said Monday the state med examiner report stated the victim died of suffocation A 14 year old juvenile has been rested and charged with murder and is being held in the juvenile detention center in Richfield Marshall Ramsey said the little girl was reported missing at about 8:30 pm She was apparently last seen on her bicycle about 2:30 pm Her bicycle was found at the Curtis home The Curtis's were foster parents of the juvenile accused of the murder After an extensive search by Marshall Ramsey Ml Pleasant Police Officers Randy Lee and Cris Larsen members of the family and friends the victim was found in the basement of the Curtis home Marshall Ramsey said he received a call from the Sanpete County Sheriff s Office at about 5 pm that a juvenile was miss- Harmon said he did not subpoena Jeri Kessler because he believed a subpoena wasn't necessary “She was a fnendly witness" he said He said he discussed continuance w ith Kessler before the trial but did not act Harmon did file for a continuance on the day of the trial when Kessler failed to show up But the court ruled that the defendant "had voluntarily absented himself from the trial" and continued Records of calls from Kessler to Harmon's office showed the defendant left a message with Hannon’s secretary in his absence on April 211 989 to ask if the trial had been continued There were other calls but Harmon did not speak to Kessler directly Harmon testified he next spoke to Kessler at the Millard County jail in Fillmore in early 990 after he had been arrested He said Kessler did not call him to find out what happened at his May 1989 trial Marvin Kessler Jr the defendant’s son said he had no knowledge of his father being in Fillmore during the spring of 1986 Road McGee told the court Harmon erred in not protesting Anderson’s role as Kessler's defense attorney in 1979 "He (Anderson) knew information about his client that he could have used" in the second trial McGee charged He said Anderson's role in the second trial was American needs to lopment Evening entertainment will include musical groups and professional entertainers Guest speakers for the event w ill be Senator Orrin Hatch Olympian Henry Marsh Elder L Aid in Porter of the Quorum of Seventy LDS Church and Julian Dyke representing the National BSA Council as Public Affairs Director Swalberg reported the Utah National Parks Council is thrilled to be sponsoring such a large scale event and the response from the local units that are sending their boys He stated that scouting is growing both nationally and m this Council Our growth is up 0 this year which constitutes an increase of over 4000 boys We are now the 6th largest Council in the nation with well above 43000 boys It makes you proud to see these things being accomplished said Contest This year’s Farm Bureau T alert Find Contest wiil be held at 7 pm August 8 1990 at the Sutherland Ward Building There will be three divisions to compete The divisions are: Junior - up to to 10 years of age Intermediate 6 years of age Senior - 7 to 30 years of age inclusive First place winners will receive $15 Second place winners will recei ve $ 0 and third place w inner will receive $5 County winners in each of the three divisions will compete in the Utah Farm Bureau Talent Find at the Utah State Fair on September 8 1990 Come on out and show us your talent Those interested in participating should contact Rick or Metric Jo Smith at for detailed entry information The public is invited to attend Flower Show MILLARD COUNTY FAIR Enter 8:00 to 10:00 am Thursday August 23 Division 12 to 18 18 and Over Adult Division Plont Material Must Be Raised in Millard Co ANNUALS PERENNIALS HOUSE PLANTS (Exhibitor Must Own For At Least 3 Months) INDOOR GARDENS (Exhibitor Must Own For At Least 3 Months) ARTISTIC ARRANGEMENTS For Information Call Valyn Dutson Raema Bunker 4 864-25- 1 pa 223 A Boy Scout “Council Jamboree” being held at Flaming Gorge will draw over 6000 scouts and leaden to an excitement filled activity from August 8th thru 1th Glen Swalberg President of the Utah National Parks Council stated this even will be a thnll of a lifetime for the boys attending Special activities include fishing in the reservoir float trips down the river a spectacular road rally for the Explorer aged youth tours of the dam several water activities and skill events including a special “Zip Line” The boys will also participate in hiking camping and pioneering as part of their program deve- Farm Bureau Talent Find Jr lm Boy Scout Jamboree Have you always wanted to suggest a highway improvement to the Department of Transportation? Maybe there’s something you believe they have missed in your area Well here’s your chance to speak up U DOT has scheduled a series of meetings statewide to get your suggestions on highway needs and priorities According to Mark Musuris Engineer of Transportation Planning the meeting will be held in different regions to discuss highway needs on the State highway system An inventory is being developed covering highway needs for the next twenty years and it is crucial to the planning process to review this with the public and receive their comments Needs for Beaver and Millard counties will be discussed at a meeting scheduled for Wednesday August 15 7:00 pm in the Millard County Public Safety Bldg Conference Room 750 South Highway 99 in Fillmore All interested persons are urged to attend and share their view H®ortQ Q ing from the Curtis home He had apparently taken a pickup truck nfie bow and camping gear Marshall Ramsey said he later received a call that a juvenile had broken into and burglarized a travel trailer in the Aspen Hills area above Mountainville and was being detained by the owners Joe Sargent Jr and Sr both of West Jordan Marshall Ramsey said as he was getting ready to leave the trailer with the youth the report of the missing girl came over the radio During his investigation of the youth the juvenile confessed to killing the girl and told Marshall Ramsey where the body was However Marshall Ramsey said the body was not where the youth had said it would be which was why the search continued for nearly 3 hour before she was found The juvenile was taken by Sanpete County Deputy Kay Larsen to the Sanpete County Sheriff s Office and then to the detention center in Richfield The juvenile had lived in Fairview for 2 years and was under the direction of Dept of Social Services The Curtis and Church families are both former residents of Delta be heard at planning meeting “improper" McGee said he was not asking the charges bedismissed He was asking for a retrial "Mr Kessler should be given a chance" he said "and he wasn't given that in 1989" Geary said Harmon was not ineffective in not calling Jeri Kessler to testify She said there is no way of knowing if her testimony would have affected the trial’s outcome “It’s not clear what her testimony would have been at all She may not have been a credible witness" she said "It was not clear at all that the defendant did ask for a continuance" before die trial Geary said Harmon's not asking for a continuance does not constitute ineffective counsel she said "I think there is a pattern there that shows this defendant did not want to face these charges" she said Regarding Anderson's involvement as prosecutor in the 1989 trial "I don't believe there is necessarily a conflict" Geary said In a rebuttal statement McGee said if called at the 1989 trial Jeri Kessler would have testified the incident she witnessed took place in 1980 not 1986 “You have to lock at what Jeri Kessler told Milt Harmon then" Geary "not now Milt Harmon countered made a professional judgement" in initially deciding not to subpoena Jeri Kessler Christensen look the motion under advisement promising to rule on it Monday August 3 in Fillmore Kessler is being held in tfie Millard County jail until then Attorneys were given five days to present written briefs August year old charged with murder 8 8 Shirley Armstrong 864-25- 1 Pat Jensen in Fillmore |
