Show Serving Utah’s Great Pahvant Valley Copy 50c USPS Wood murder trial continues by Ken Rand Testimony continues as this issue murder goes to press in the trial of Lance Conway Wood Wood is being tried for his part in the death of Gordon Ray Church an SUSC student The victim’s body was found in the Dog Valley area near Cove Fort in November 1988 The trial is being held in 4th District Court in Provo on a change of venue from Millard County Michael Anthony Archuleta was convicted in December 1989 of murder for his part in the crime Archuletahas been sentenced todie His case is on appeal prospective jurors were called on Tuesday Feb 20 On Friday a jury was seated Two men and a woman were seated as alternates The prospective panelists were given questionnaires to fill out Tuesday morning The form with more than 250 questions on it was designed to expedite the selection process Four questions on the form dealt with the candidate's preference regarding “voir d ire" the verbal questioning of the candidates by attorneys regarding their qualifications to serve To one question - does the candidate prefer to be questioned "in camera" (in private) rather than in an open courtroom? - 13 said “yes" 47 said “no" and one was “uncer- tain” docs the candiAnother question date prefer to be questioned in open court rather than in judge’s chambers? produced 22 “yes” answers 37 “no" answers and three '‘uncertain" Despite the apparent confusion Judge Boyd L Park granted a defense motion Tuesday afternoon that all jurors be quizzed in private “The response to the question would indicate that a significant number of jurors have indicated a preference to voir dire proceedings in camera out of the public view” public defender Marcus Taylor said The prosecution joined in the motion No media attorneys were present to argue against Taylor moved the murder charge be heard separately from the other six counts filed against Wood The other charges are aggravated sexual assault object rape forcible sexual abuse agaggravated asgravated kidnapping sault and possession of a stolen vehicle “The 5th Amendment right of Mr Wood is impaired if he should chose to take the witness stand in his own behalf and testify as to certain charges” and decided not to do so regarding other charges Taylor said He said presenting multiple charges to the jury “would lead to prejudice and confusion" Park denied the motion Instead he accepted a counter offer from Millard County Attorney Warren Peterson that would sever four of the charges while murder agretaining the gravated sexual assault and aggravated kidnapping charges in the current proceedings Wood could be tried on the other charges later Opening statements The jury was instructed and opening statements presented Friday afternoon Feb 23 Park instructed the jury on the definition of the charges and the law relating to them He told them they must presume the defendant innocent until guilt is proven by the prosecution “beyond a reasonable doubt" and that the burden of proof lies with the state “Two people committed these crimes" Peterson said in his opening statement “the defendant and Michael Anthony Archuleta” Peterson told the jury the prosecution’s case would begin with the discovery of the victim's body at Dog Valley “The body was located on directions provided by the defendant" he said Testimony would be provided by officers who found the body and searched the crime scene the medical examiner’s autopsy and witnesses to the activities of Wood and Archuleta before and after the crime occurred Peterson said statements made by Wood would be entered into evidence showing inconsistencies in the defendant’s story He said according to Wood he and Archuleta offered Church money to give them a ride to Salt Lake City Church agreed and they left driving north of Wood was “watching the stars outside" when “Michael Archuleta without warning reached over and cut Got- - Death penalty bill killed The Utah House of Representatives voted Monday Feb 19 to kill a Senate bill that would have allowed judges and juries to impose a sentence of “life without parole” as an option in death penalty cases in capital homicide Currently cases Utah law provides the option of either the death sentence or a life in prison sentence under which a defendant could be paroled Senate Bill 92 sponsored by Sen Frances Farley would have added a third option life in prison without possibility of parole Both Democrats and Republicans voted against the measure saying it would allow jud ges and juries “to take the easy way out” and avoid imposing the death penalty where it might be justly deserved Millard County Attorney Warren - Peterson on Thursday Feb 8 told Senators the bill should be passed "I believe this is an appropriate intermediate step” he said He called the bill “a fair and just middle ground that has significant practical benefits" The bill passed the Senate by a vote Peterson said his endorsement of the bill did not mean he advocated banning the death penalty an interpretation he said some critics erroneously made Involved in prosecution of a capital homicide case at present Peterson refused to comment on his views of the death penalty In any case if SB92 had passed it would not have eliminated the death penalty as an option in capital homicide cases Public defender Marcus Taylor introduces his staff and the defen- dant to the jury don Ray Church across the throat" Pe- terson said the statements would relate “Gordon Church said 'Ow Why did you do that?'" The Wood statements then go on to say that Church pulled off to the side of the freeway where he was sodomized by Archuleta Wood said he stayed in the W car Then they drove to Dog Valley where Archuleta killed Church and rected Wood to help him conceal the body (In his trial Archuleta said Wood killed Church) More than 40 witnesses and 200 exhibits will be presented Peterson said “The evidence in this case is not he is said “It not pleasant to pleasant" present to you but you need it" He said the circumstantial and physical evidence was needed because there were Judge Boyd L Park only two witnesses to the crime One was the defendant Taylor began by introducing his assistants and Wood “He is the one whose life and liberty are at stake "Taylor said as Wood stood The trial was serious business Taylor said “We cannot afford to make mistakes It is too serious So we may move sometimes kind of slow and we talk and we explain It’s so we don't make a mistake" Taylorsaid the state would show that "There’s no serious crimes occurred doubt about that But they are not going to prove that Mr Wood committed them The proof is going to be good but it is going to go to another man Michael Archuleta” He then related how Archuleta not Wood killed Church Taylor said Archuleta and Wood had been in prison together before the crime When they were paroled Wood went to Cedar City Archuleta to Arizona When Wood heard Archuleta was coming to Cedar City "that created great apprehension on the part of Mr Wood" Taylor said “Mr Wood feared Archuleta” he said “He knew Archuleta was an evil man an angry man and a violent man" Wood called his parole officer and warned about Archuleta "That man is evil" Taylor said Wood told law enforcement officers But the warnings were unheeded and Wood's fears “were abated somewhat" when Archuleta moved in with his girlfriend who lived with Wood and his girlfriend 1988 Wood On thenightofNov21 was with Archuleta when they met Church The three drove to Cedar Canyon near Cedar City "This is so crucial" Taylor said “so crucial If Mr Wood is telling the truth WOOD continued on Pg 2 Local water systems “not approved” by Ken Rand Three Millard county systems are among a number of community water systems in Utah which do not meet state and Environmental Protection Agency guidelines for water quality The three systems serve 230 residents in Leamington 398 in Oak City and 25 in Dak Meadows subdivision at Oak City Oak Meadows is listed under the “corrective action” category The other two systems are termed “not approved" according to a stale inspection and rating program in operation since 1978 but local officials say work is underway to bring the systems up to standard Bruce Hall State Health Department sanitarian said the latest information was part of a report published in January Bureau of Drinking Water Sanitathe by tion a division of the health department Hall said Leamington was not approved because samples have not been submitted for testing He said small communities must submit their water for Larger communities testing monthly must submit samples for testing more frequently Leimington Mayor Phil Lovell said the town’s chlorinator broke down and is being replaced “We’re working with the Rural Water Users Association right now" he said “and we’ll have a new system hooked up pretty soon depending on the weather" Lovell said the town’s water tests well during the fall and winter but without a it wouldn't chlorinator pass in the spring He said the new chlorinator will be finished before spring “As far as I know that’s our only problem and it’ll be rectified here as soon as the weather allows us" he said Hall said the Oak City's system has experienced "a number of problems” which have resulted in not enough samples being sent in “They had a lot of upgrading and improvements th at needed to be done on that culinary water system" he said "They've been working on it" Oak City Mayor Mike Johnson said the "not approved" status is an administrative problem rather than a problem with the system itself “It’s just a matter of paperwork now" he said "We went out of compliance I think it was over six months ago but it’s just a matter of paperwork getting it back in" Johnson said Oak City has never had a bad water test sample in the eight years he has held office Hall said the Oak Meadows system has “an problem" with sampling "They’ll go two or three months and show that they have satisfactory rc- - WATER continued on Pg 3 80 No 33 MarchJL133Q RR crossing gate is 359th on priority list by Ken Rand Della city wants an automatic crossing gate built at a site where three local residents were recently killed but if the project is not advanced from its current position on the priority list it apparently won’t get done for nearly 36 years Archie Barben79 Brittney Stewart 6 and Shannel Smith 6 were killed Monday Feb 5 when the pickup truck they occupied was struck by a train at 200 North 400 West in Delta “This is not the only accident that has happened at this particular railroad crossing" Mayor Don Dafoe wrote in a letter to Union Pacific Railroad “There have been several accidents that have vehicle where extensive happened damage has occurred as well as other accidents involving loss of life" In the Feb 15 letter Dafoe also asked the railroad to install a lighted signal at 800 North 300 West where "we have had several near misses due to the fact that when the train is going through it is very difficult to see it in the dark” neck to jurors in opening statements as Judge Park looks on (All pictures by pool photographer Stuart Johnson Deseret News) Vot Railroad crossings are upgraded by the Utah Department of Transportation UDOT spokeswoman Lilian Witkowski said the Delta crossing is currently 359th on the list of crossing upgrading projects "We only have the money to do 10 projects per year” she said 368 Witkowski said there are crossings on the list The Federal Highway Administration provides money to states to upgrade crossings based on the number of crossings in the state Local jurisdictions must pay 10 percent of the costs of any project Witkowski said it takes a year from the time a project is scheduled until it is completed “First of all" she said "a surveillance crew goes out into the field looks at the crossing makes an analysis Then recommendations are made by that surveillance team The railroad has to order parts They do not stockpile any thing Not so everything has to be ordered only that but agreements have to be struck between the state of Utah the local jurisdiction and the railroad And all of those have to be looked at and deciphered by attorneys Then if everybody is happy they sign them” When all that is done Wakowski said UDOT must go to the Federal Highway Administration for permission to spend the money on the project "It's necessary to prioritize the crossings" she said “because you can't just go out arbitrarily and do every crossing that you’d like to do If you only get V number of dollars you can only do ’x' number of jobs" Witkowski said the Delta crossing “has adequate protection based on the amount of vehicular traffic and so forth But it may be coming up on the priority list because of that accident" Priority is determined by the number of trains number of vehicles and number of accidents among other factors Many railroad crossings especially in rural areas are marked only with a sign The Delta crossing has flashing lights The city wants a gale installed at the site that would automatically close when a train approached "We are very adamant about having safe crossing all through Utah” Witkowski said She said UDOT conducts a railroad crossing safety education program in cooperation with the railroads geared to address all age groups and interests RR crossing lights vandalized Vandals shot out railroad crossing lights at Cropper Lane between Della and Deseret sometime between Friday Feb 16 and Wednesday Feb 21 Millard County Sheriff s Deputy Rob Lang responded to a call to the scene where he found the lights had been shot six or seven times possibly with a 22 Lang said the informant was too angry to give his name He said the informant was close to the crossing when a train crossed in front of him A Union Pacific Railroad crew replaced the lights the same day the report was received Senate declines Geary nomination by Ken Rand Millard County Deputy Attorney Patricia Geary will not be appointed to serve on the State Solid and Hazardous Waste Committee based on a recommendation from the Legislative Research and General Counsel "It never got to the Senate for a vote” Deputy Lieutenant Governor David Hansen said “Legislative Counsel said basically because she works for the county and it couldn’t be worked out that she would not be appointed” County Commissioner Mike Styler "and a number of others in the county” recommended Geary to fill a vacancy on the committee as a representative of the public in late October Hansen said Styler said Geary qualified for a number of reasons including being “very enviGov Norm ronmentally conscious” Bangertcr agreed and asked the Senate to confirm his appointment But objections were raised by members of a local group opposed to hazard ous waste industry locating in the county The group said the post was for a member of the public and Geary’s position as deputy county attorney disqualified her The committee already has a member who represents counties “I look at it as clearly a public appointment and my intent is to represent the public not the county attorney’s office" Geary said shortly after being IPA tax nominated Peterson called Geary "an independent thinker” The Senate w as to h ave held a confir-ation hearin g on Nov 8 but B angertcr delayed the appointment pending resolution of the employment question by “We very the Legislative Counsel much would have liked to have her” Hansen said "but the law is very specific as to what we can and cannot do” “I think the legal interpretation is wrong personally" Geary said The group is composed of a cross section of the community including two members who repreHealth Department sent the public spokesman Mark Burrell said the post has been vacant for about a year and a half Styler said he believes a nominee will be sought from Emery County where a proposal for a hazardous waste site near Green River is being considered There arc no siting proposals currently under consideration for Millard county The committee advises the state Bureau of Solid and Hazardous Waste a part of the Department of Health’s Division of Environmental Health It surveys hazardous waste generation and practices and conducts managcmeit hearings on a waste management plan for the state suit hearing delayed A hearing before the Utah Supreme Court involving Millard County’s efforts to get access to tax information on the Intermountain Power Project has been delayed County officials want to review a State Tax Commission audit of Power Agency property taxes Last summer the high court ordered the commission to surrender the audit reIPA officials have since moved but port to protect the information from disclosure The court was scheduled to hear arguments on the IPA motion Tuesday Feb 20 but the matter was continued at the last minute No new hearing date was set The continuance request was "actually kind of a joint thing" IPA attorney Mark Buchi said Buchi has been meeting with attorney B ill Peters who represents Millard County in rise Mil lard County Attorney Warren Peterson is involved in Criminal trial at present “Negotiations are continuing with thecounty” Buchi said “and we are just giving ourselves lime to complete that process If we are able to work things out there won't be a hearing" The county got word from an undisclosed and unofficial source in 1988 that an audit had taken place of 1PP property that should have produced about $4 million in taxes for thecounty Instead the county got a check for about $700000 The court action and negotiations reflect attempts by the county to determine how the bill was “compromised” between IPA and the tax commission to the lower figure State lax law holds audit reports and other tax in most confidential information circumstances |