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Show Lane case dismissed, families plan The family of two Colorado brothers killed in a 2005 head-on head-on collision in Duchesne County plan to appeal a ruling by 8th District Court Judge John R. Anderson that dismissed the criminal case against the man who caused the crash. Anderson's ruling came last Monday after hearing oral arguments from the defense attorney for Brandon R. Lane, an attorney representing the victims and their families, and Duchesne County Attorney Stephen Ste-phen Foote. Lane attempted to pass a semi-truck hauling a double trailer in February 2005 and slammed head-on into a Jeep Cherokee carrying the four members of the Hay family. John Hay, 60, had tried to avoid the collision by driving into the bar ditch on the side of the road, but Lane picked the same path when he realized the crash was f&$m ill! .- Emergency crews tend to members of the Hay family following a February 2005, crash on Highway 40 in Duchesne County. The crash, caused by Vernal resident Brandon R. Lane, killed brothers John and Dan Hay and severely injured their wives Patricia and Peggy. The women and their daughters were in Duchesne last Monday for a hearing in the criminal case against Lane. Photo: Utah Highway Patrol. LZ r Monster truck chill factor leaps over vehicles like matchbox cars. Ollie Anderson's mud bog and monster showdown will be at Western Park on Saturday. Tickets are available at Davis Jubilee or at the gate. Huntsman chooses new public lands coordinator Gov. JonHuntsman Jr. named John Harja as coordinator of the state's Public Lands Policy Coordinating Co-ordinating Office last Monday. Harja has served as acting coordinator co-ordinator since June 2007 when Lynn Stephens retired. The Public Pub-lic Lands Policy Coordinating Office reports to state Planning Coordinator Mike Mower. "John brings many years of experience in public policy regarding public lands and natural natu-ral resources to this important 'A COMMUNITY imminent. ' John Hay and his brother Dan Hay, 61, both died in the crash. John Hay's wife, Patricia Hay, suffered a broken right arm that took two plates and 12 screws to repair, a head laceration that required staples to close, and a massive facial cut that took numerous stitches. Dan Hay's wife, Peggy Hay, underwent un-derwent a multitude of surgeries surger-ies to repair a litany of injuries including a ruptured aorta, diaphragm, and spleen. She also went into cardiac arrest -and kidney failure, suffered multiple broken bones, and paralysis of the vocal cords. She still has a broken clavicle that needs to be repaired. Karen Allen, the Duchesne County attorney at the time of the accident, charged Lane with two counts of negligent homicide, class A misdemeanors, and two counts of improper passing on the left, class C misdemeanors. In a move that outraged the position," Huntsman said. "I'm grateful for his continued dedication dedica-tion to public service and public lands." In his state employment, Harja has served on the board of trustees of the School and Institutional In-stitutional Trust Lands Administration, Admin-istration, the board of trustees of the Navajo Trust Fund, and the Navajo and Uintah Basin Revitalization Funds. He is a graduate of the University of Utah College of Law. BIBLE STUDY In-depth Bible study Informal setting Christian fellowship Non-denominational Please call Dave 789-2305 5s, NIFTY, NIFTY LOOK WHO'S FIFTY! Love Ya Mom Vernal Hay families, Lane was allowed to enter into a plea in abeyance agreement on all of the charges, despited assurances from Allen, they said, that Lane would plead guilty to at least one count of negligent homicide. The plea meant that after 12 months the charges against Lane would be dismissed, if he complied with the terms of the agreement. It also meant that the Hays were prevented from giving victim impact statements because there was no sentencing hearing and they weren't told to be at the hearing were Lane entered his plea. The Hay family was referred to Heidi Nestel, director of the Utah Crime Victims Legal Clinic and a lawyer. Nestel sought to have Lane's plea agreement thrown out, arguing that Allen's conduct had deprived her clients of their right to be heard by the court. In October 2006, Anderson denied de-nied NesteFs request, but agreed to stay the term of Lane's plea in miiwwM For adults and high school students who want to increase their knowledge for a career in building trades, computer-aided drafting, and design. An in-depth analysis and review of building codes, including provisions and interpretations within the IRC. A 20-week course taught in two 1 0-week segments. 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The appellate court agreed to hear the case; however, Lane's attorney asked Anderson in June to dismiss the case, arguing that the term of the plea in abeyance had gone beyond the mayinim amount of time allowed by state law. Defense attorney James H. Faust argued last Monday that the court could not extend the term of Lane's plea in abeyance beyond 18 months because he had pleaded guilty to misdemeanor misdemean-or crimes. Nestel countered that Lane had plead guilty to multiple misdemeanors and therefore his plea in abeyance could run for 36 months, according to her interpretation of state law. Nestel also argued that Anderson Ander-son had stayed the term of the plea, effectively stopping it from running its course, an argument supported by Duchesne County Attorney Stephen Foote in his turn to address the court. "The plea in abeyance had not run its course at the time of the stay," Foote told Anderson. "Time was not running during the stay." But Anderson-despite admitting admit-ting that he was interested in how the Utah Court of Appeals would rule on Nestel's original appeal - decided that state law did not give him jurisdiction to continue to hold Lane under a plea in abeyance and dismissed the case. The dismissal jeopardizes the appeal of Anderson's earlier ruling, rul-ing, Nestel said after Monday's hearing in a meeting with Patricia Pa-tricia Hay, Peggy Hay and their daughters. "It just doesn't seem like justice was done," Peggy Hay said, adding add-ing later, "it seems like this could easily happen to someone else." "That's what we're trying to prevent," Patricia Hay said. Nestel said she will file an appeal of Anderson's dismissal as soon as it is signed on the grounds that the ruling was based on a "mistake of law." She will also seek to have the judge honor his commitment at an earlier hearing hear-ing to allow the Hays and their children to give victim impact statements with Lane present. "I'm just stunned," she told the family during their meeting last Monday. "I'm so sorry." 4 m ' murium, i .iw.w.ff,M T Priority will be given to adult students. - 9:30 p.m. Mitchell $154 p.m. Kowallis $35.40 and Microsoft Word, Excel, and PowerPoint 2:30-4:30 p.m. Franklin $35.40 practitioners. Eight-week course for p.m. Hilton $128 books Students, vacuity mined on schedule changes at DCJS Br llVatai Jcma Express Writer Students returning to Uintah Uin-tah High School are back on the trimester system this year after the Uintah County School District Board of Education made a switch from an AB block scheduling system. Last year students took eight classes with four classes each day, alternating alternat-ing every other school day. The school year was divided into two semesters with second semester beginning in mid-January. On the trimester system students stu-dents take five classes daily with three trimesters per year. First trimester ends shortly before Thanksgiving and second trimester tri-mester ends in late February. One concern with the AB schedule was the system would be too confusing for students who were used to taking the same classes every day. "It was difficult to know what day we were on," said Assistant Principal Julie Wilde. She mentioned men-tioned students had a hard time keeping track of what schedule they were on, especially if they had a different lunch each day. "Teachers and students had a hard time connecting because they didn't see each other every day," said Wilde. She explained the theory behind be-hind the switch to the AB schedule sched-ule was it would give students an extra day to do homework. "All it did to students was make them procrastinate another day," said Wilde, adding the only good thing about the AB system was if a student missed two days, it would be like he or she had missed only one. "I'm just so happy to be back on trimesters," she said. Jacob Warren said he liked trimesters better because it allowed al-lowed him to spend more time in class. "It is easier to remember remem-ber things," he said. Under an AB schedule, students were in a one credit hour class for 7,470 minutes. For a similar one credit hour class in a trimester system, A 0 U 0 technology Co!!:3 435.725.71c3 Wednesday, September 5, 2007 A3 , students have 8,040 minutes of classroom time. "We never should have gone off the trimester system," said Latin teacher Wes Baden. "The kids are so much more focused,! hard-working and better be-haved be-haved this year than last year." "Students were so frustrated with the AB schedule, that they didn't get in fights," said. Principal Robert Steamier. He said there were minor behav-. ioral problems last year such as! students getting out of class and wandering the halls, but there were fewer major behavioral problems. The AB schedule allowed students to take one more class per year 16 as opposed to 15 under the trimester system. Danielle Alonso liked the AB system because it allowed her take an extra elective. "That's muy bueno," she said. "There are problems with every schedule," said Wilde about the return to trimesters. She said she was concerned about difficulties for students who have a two-trimester math class. There is a possibility that the first half of their math class would be first trimester and the' second half wouldn't be until third trimester, creating a gap; in the class. : The trimester system is only; familiar to senior students who' had trimesters as sophomores. j "I got used to having longer class, periods," said Miranda Peterson.; "Now it is hard to get anything; done in class." i Alonso said she felt school was boring because she now has the same classes every day. "And there is no confusion," she; added. ? "I like AB better," Jacob; Percival said. "It gave me more; time to do my homework." 1 Whether good or bad, the tri- mester system is back. About the schedule switches, senior Rachelle Hadlock said, "I don't really care. It's just school. . .you go to class. Either way, I had classes to go to." i ... - 33 The Kids |