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Show Friday, March 28. 2003, THE DAILY HERALD, (www.HaricTheHerald.com), Provo, Utah Court Briefing v An evidentiary CONTINUED -hearing in the case of a Provornan accusea of repeatedly trying "to kill his wife and unborn child was continued ' ' Thursday until today. Fourth District Judge Anthony Schofield continued the hearing because the dendant, Pad Turner, had not been transported from Utah County Jail, where he is being held on $250,000 bail Both prosecuting and defense attorneys declined to comment on the status of any possible plea bargains. Turner is charged with four counts of e felony, attempted murder, a stemming from several alleged incidents in the summer of 2001 where he allegedly tried to poison his wife. If convicted, he could spend life in prison and be fined $40,000. Two psychologists say man was me withdraw his guilty plea. By JESSE COLEMAN The Daily Herald - ' . ' A 4th District CONFERENCE Court judge scheduled the jury trial of a Payson man. accused of sexually abusing two girls while he was a bus driver for the Nebo School District Judge Fred Howard set a three-da- y jury trial for Nov. 24, 25 and 26 for Marcel Dana Dewitt, 58. DeWitt is charged with forcible sex abuse and aggravated sex abuse of a child, both felonies. If convicted, he could spend the rest of his life in prison and be fined PROVO Two psychologista testified in 4th District Court on Thursday that a former Hill Air ' Force Base employee was mentally HI at the time he pleaded guilty to woman in a raping a parking lot last year. Dennis van Uitert and Larry Fox both testified differently to Frank Garria's mental instability before Judge Anthony Schofield. Garcia's lawyer, Kent Snider, is arguing that Garcia, 54, was not in his proper state of mind when he pleaded guilty in September and only did so as a form of "court-assiste- d suicide." "Had I known Frank was suffering from severe depression, I would not have allowed him to Snidersaid. plead guilty," Schofield said he would rule before April 11 on whether Garcia may - first-degr- :J7 On Sept 30, Garcia pleaded guilty before Judge Gary Stott to two counts of forcible sex abuse, a second-degre- e felony, rather than go through a four-da-y jury trial Police allege he posed as a returned LDS missionary on AOL Instant Messenger and arranged to meet a woman in Provo in the parking lot of Utah Valley Regional Medical Center on April 16, 2001. From there, police say Garcia took the victim to a Brigham Young University parking lot and raped her. According to court documents, after pleading guilty Garcia drove ., forming Garcia's pre-senten- I ffonrpccinn -r""""r'7 . . . A iir a allowed WOUia UOl Have him to plead guilty?1 ofhis plea, but has since recovered, Uitert said. Fox, however, presented a different diagnosis. Charged with per- Kent Snider, Frank Garcia's attorney ; ; psycho- evaluation last year, show Garcia way in Ks' proper j Fax said Garcia both knowingly . mental state. If Schofield allows Garcia to and willingly entered a guilty plea. withdraw his guilty plea, SturguTj. However, he questioned if the ' can reinstate the original charges f because was guilty plea "proper Garcia pleaded guilty to punish of rape and sodomy, both first-- ' degree felonies. Snider indicated! himself that Garcia is ready to goto triaL "Ifs not in the interest of Before retiring in January, Gar-d-a That's why I said it's was a dvilian program director not proper," Fox said. But at the time ofthe plea, Gar-d- a for aging aircraft at Hill Air,Force i signed an agreement ending Base. with the phrase, have no mental Jesse Coleman tan fie,; ; reservations in entering this plea" " reached at or said statement this and SturgUl the videotaped proceedings both jcolemanheraldextAt.com. -sexual :h 344-254-9 JbD G Lai skv shim, mm - OURS EXCLUSIVELY; SALE ENTIRE STOCK I " I Orlg.$22.' S , i m (OlD "h I Ae - CrewnecljrOT, I . sale 11,99 Efmns stock w Ona$18. I w I ; ' 12Iv.f.M ifcr e ic-- s cym'?ivEiY ours exclusively' Kr g-kded- mi - liHE ltgD D GO OVA 1MI jsalex4 1f cr'i- H JOHN SPORTSHIRTS I Wffl WFimk u ASHFORD PLAID mm 1 E2Si3EiSCZi J 11 tj J I I ATHLETIC shorts I I Reversible mesh or, "S . ' U'. T W -- I STOREWIDE DOtJUS COUPON VALID FRI.-SAT- ., MARCH i i i i i i i 28-i2- 9 10 DISCOUNT ON HOME STORE, HEN'S SUITS, SPORTCOATS & DRESS SLACKS MO DISCOUNT on Finn Watches. 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