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Show : : Obituaries C2 Utah News C3 Opinions C4 C. The Daily Herald Monday, Children do best in 'unleaded' lives Today, let's look at some recent reports from the journals which have to do with child health and welfare. There has been a lot of flap, the past several months, over the validity of data showing major brain and nerve damage in children exposed to lead: These data have been among the reasons we got rid of lead in gasoline and in paint and other household products. The heavy-dut- y original work was done by Herbert of the University of Pittsburgh. But for nearly a year now Needleman has been under fire by two prominent psychologists who claim that his data were faulty and unreliable, possibly even faked. Needleman has denied all such charges, and pointed out that the psychologists are being paid by the lead industry; they are hardly objective analysts. Formal investigations by the University of Pittsburgh have now cleared Needleman of all charges of scientific wrongdobut the panelists apparing have some concerns do ently about some details'in how the data were gathered and analyzed. Those have not been released; we just have to wait for that. The danger is that some people, due to the fuss over the Needleman data, are suggesting that we need not be much concerned about lead levels in the environment. But we most certainly do. The Needleman studies were only among the first to show danger; there are many more since. The total impact of these led the Centers for Disease Control and the Environmental Protection Agency, last year, to drastically lower the levels of lead they consider "safe. " We're all lugging hundreds or even a thousand times more lead in our bodies than did humans (does that excommon feeling and the plain anatomical comments on the subject?) The Dept. of Health and Human Services considers lead poisoning to be the single leading environmental health threat to American kids. And for those who love the Golden Gate Bridge, you can't even get to the base of it anymore the area was just fenced off to protect children (and adults as well) from the very Nee-dlem- an well-publiciz- ed A Dusne jy) lelferyf Science CSLX & Society high lead concentrations in the soil there, due to paint sloughed and blasted off the bridge during the past 50 years. The major sources from everyday life? Paint in older homes, flaking andor dusting into the home environment and certain industries and occu- pations. Specific questions should be addressed to local health departments. Several young mothers I know take no medications, not even ones, during pregnancy. A recent report in the major birth defects journal (Teratology) seems to lend some validity to that practice. While one report cannot be considered ironclad proof, the study does show that mothers who took pseudoephedrine during the first three months of pregnancy had three times the frequency of babies born with gastrochisis as those mothers who did not take the drug . Gastroschisis is a defect in the abdominal wall, permitting the baby's intestines to protrude to the outside. Pseudoephedrine is a very common component in medications for respiratory stress such as colds and flu. I stress: the defect is still rare, even among mothers who took such medications, and this is the first such report I've seen. This should be no cause for deep concern, but if anyone has specific questions it is wise to consult a knowledgeable doctor. over-the-count- er mothers who behind for their infants while they are Similarly, leave breast-mil- k away from home, would apparently do well to ensure that the milk is not microwaved or otherwise heated quickly when it is prepared for feeding the baby. Excessive heating (and it needn't be extreme, evidently) is now reported to break down g abilities of enzymes ordinarily transferred to the baby from the mother. Again, specific concerns should be discussed with an obstetrician. disease-fightin- trashes current budget OREM City officials are trying to'determine the exact cause of a shortage in the 1991-9- 2 budget that could amount to as much as $100,000. City Manager Daryl Berlin said the problem relates to misassump-tion- s in the amount of garbage the city sent to the landfill last year. Orem collected more garbage than expected which meant a larger landfill charge. However, the city didn't charge its residents enough to cover the added costs. "At this point in time, it looks like we underestimated the amount of tonage that would be sent to the landfill. It appears to be a real problem because we weren't collecting enough to cover the said Berlin, adding he discovered the shortage last week. Although the problem is still under investigation, Berlin said there is no indication of any criminal activity. City accounts are being ton-age- ," checked against landfill records, but the auditors don't believe there is any criminal activity. Solid waste fund reserves are enough to cover the shortage but will have to be allocated by the city council, Berlin said. However, if the same assumptions were used in the 1992-9- 3 budget, it will also need to be adjusted to prevent the same problem next year. Stewart Cowley, waste management director, said employees in the Public Works Department have seen the shortage coming but haven't been able to get any help solving the problem. "I know that they didn't have enough money to cover everything in the budget," he said. Although shortages are not unusual, this one may create problems because of the way its being handled,' Cowley said. The city council normally transfers funds at the end of each fiscal year to coverage any shortages, but they haven't made those changes yet. Springville ups electricity rate - - The Spring- SPRINGVILLE ville City Council this week approved a proposed increased in residential and commerical electric . rate structures as part of its tentative budget. The changes reduce a base from $6.90 to $2 and will benefit those .who use less electricity while high-- ; er usage will be reflected in higher rates paid. Small commercial users will now pay a service charge of $3.80 per month. City officials say the ready to stop down from bench Lawyers say judge was unpredictable By KAYLENE NELSEN Herald Senior Reporter Orem garbage error By JANET HART Herald Staff Writer Bailiff change will benefit those who use less power while some higher commerical and residential users could see rates up slighty. For example, a residential user who has been paying $56 a month will see their bill go up slighlty more than $1 per month while a user who has been paying $12 per month will see their bill go to $9 per month. Commerical users who pay $ 1 60 per month would see their bill do down to $139 per month. June 22, 1992 PROVO Judge George E. Ballif hadn't been a district court judge long when he was making headlines. He had sentenced a man to die, just weeks after the U.S. Supreme Court struck down the death penalty- Now, 21 years after taking the bench, he is making the headlines again, this time to look back as he retires. An open house will honor him June 29, 5 p.m. in his courtroom, 301, in die 4th Judicial Justice Center, 100 N. 100 West, Prove His final day of work will be July 2. Ballif remembers well that notorious murder case. James Walter Winkle was charged with the murder of two girls in Provo Canyon and hiding the bodies. The case went to trial in January 1973 and he recalled recently how he wrestled with the decision on how to handle it. Once Winkle was convicted, Ballif decided to sentence him to death, since the state law still provided for such a penalty. "Everybody howled," he said. "They said you can't do that. ' But as happens at times, a judge has to let the top court make a determination on what to do, especially when the law is unclear, he 3-- He recalled there were some scenes that were distasteful in the movie but otherwise said it could be shown. In his ruling he wrote, "In the subject film, although ultimate sexual acts were protrayed, they were not explicit." He also found "that the film is a serious work in the field of art and literature, and for that reason alone is entitled to the protection of the First Amend- ment." The story not only got local press but appeared in Variety Magazine and other national publications as well, he said. "There was quite a move to preserve a high standard," he said. The most recent notorious case for help. Unfortunately, the man died. Ballif called for a retrial on the case. One of the most unusual cases he handled was a divorce action where the couple were fighting over custody of Bear, their dog. The wife got the pooch and hubby got visitation, Ballif recalled. Ballif, one of the longest sitting judges in the state, has worked on many judicial committees through the years. He said he is concerned about changes in the state constitu- - with the law." Like most judges, Ballif said he finds custody and domestic relations cases the hardest. "It really " i i r: . "ml 4 1 - -- awe? X- said. The Utah Supreme Court heard Winkle's case and sent it back, ordering a new trial. He said Noall Wootton, then county attorney, showed the Supreme Court that no errors had been made in the trial so a new trial was not necessary. Then the high court ordered Ballif to resentence the man to life in prison. Ballif said Winkle died in prison, just a few months after he commuted the sentence. He received a lot of mail from around the country on his initial decision to sentence Winkle to die, he said. "There were a lot of different viewpoints on the matter." In 1978, Ballif was in the headlines again, this time over a controversial movie. Jan. 5, 1978, Provo City filed a lawsuit trying to stop the old Uinta Theater on East Center from showing the film, "Looking for Mr. Goodbar." According to the suit, the movie was obscene and pornographic, and "the sexual conducts shown in the film are offensive and in violation of contemporary community standards." A special screening of the movie was arranged for Ballif at the University Mall theaters on Jan. 12, 1978. He ruled two days later that the film was not "in violation of community standards. said. Once a man had a heart attack while testifying in a civil trial in Fillmore. Ballif, who along with the other judges travels to the outlying parts of the district, halted the trial and had the clerk phone Cal Rampton selected Ballif to fill the vacancy. He stayed so long, he said, "Because nobody ever ran against me when they could have." Ballif ran unopposed in three elections before the law was changed. Now judges appear on the ballot to receive a yes or no vote and if voted out, the governor selects a new one. At times the job is stressful, particularly when having to make an unpopular decision. Yet, "it's interesting work. You see every kind of problem human beings can have 1 f i' Herald PhotoJennifer Smith 4th District Court Judge George E. Ballif Ballif presided over was that of Michael Anthony Archuleta, who was sentenced to die for the torture slaying of Gordon Ray Church in 1988. That case is now on appeal. Ballif finished law school in 1955, after two years at Stanford and two at the University of Utah. He began his law career with his father, George S. Ballif, who was well known in the county for his work as a city judge, a juvenile judge and a district attorney . Ballif worked with his father as counsel for Provo City and was a deputy county attorney for two years under county attorney Arnold Roy lance. He spent three years as deputy district attorney under Grant Ivins. In 1971, 4th District Judge Joseph E. Nelson retired and Gov. will leave the bench this month after 21 years of service. hits home," he said. "You're tion that have turned much of the to dealing with families. You know judicial decision making over the Legislature. "We lose the abilwhat the emotional bonds are beity to guide our own destiny," he cause you have those feelings." said. Attorneys say Ballif predictably But he won't have to worry is the most unpredictable of all the how it will work in the 4th about 4th District judges. Ballif chuckled since it will occur here District at that observation. "I'm glad nohis retirement. He said after years I body has read me yet. don't think come back to the bench as a he may I'm predictable to myself either. senior judge to fill in at times and Sometimes, when a defendant is he will have three cases left to rule he leaves the bench July ready to enter a plea in a criminal on when case, it almost seems as if Ballif is 2. The next order of business will trying to talk him out of it. "Somebe said. he have "I deciding how to fill his retiretimes you to," have to make sure he understands ment. He said he and his wife of 42 what he's doing." He said he tries years, Ruth Macdonald Ballif, will to look the defendant in the eye and do some traveling and then see what happens. The couple have really listen to him. three married children and nine could that Almost everything he grandchildren. has in court happened, happen Victim killed in apparent fit of anger By KEVIN NIENDORF Herald Staff Writer The victim of a FriPROVO day night murder in Provo apparently spoke with his killer over the phone just minutes before the assailant arrived at the City Center Motel and struck him several times with a lawnmower blade. According to Provo Capt. Duane Fraser, Bryan Paul Horton was allegedly killed in anger by Gerald W. Evans, 3 1 . Evans, whose last known address is 500 N. 1375 West, Provo, UHP's 'Batmobile' team nets 1 54 weekend arrests A joint effort by the Utah County Sheriffs office and the Utah Highway Patrol resulted in 154 arrests Friday and Saturday nights in Utah County. Lt. Ron Fernstedt said the UHP brought its "Batmobile" blood alcohol testing vehicle to SR 89 near Thistle on Friday and made 39 arrests. That included 1 1 alcohol arrests, eight misdemeanors, three DUIs, 15 traffic citations and two warrants. Authorities also impounded two vehicles. On Saturday, at SR 68 and SR 73, authorities made 115 arrests. That included 57 alcohol arrests, 27 misdemeanors, eight DUIs, 19 traffic citations and four warrants. "They were good, productive nights," said Fernstedt. "They were joint administrative traffic checkpoints." The arrests resulted in 192 people being housed at the Utah County Jail, the most ever at one time. One jail official said today it was incredible there were that many people at the jail, which has a capacity of 180. AUTO BURGLARIES - Orem Police responded to 12 auto burglaries over the weekend throughout the city. The burglaries resulted in a total of $6,445 worth of property stolen, said Detective Gerald Nielsen. He said 10 of the 12 vehicles burglarized were unlocked . ARREST Nielsen said an Orem reisdent called police after witnessing a person throw a rock through a business window at 800 S. State, Orem: Police responded to arrest a male in connection with the vandalism. The suspect was intoxicated when police arrived. He was arrested for public intoxication, criminal mischief and assault. Apparently the suspect struck another male juvenile while walking down the street after the vandalism "for no apparent reason." Gilmore. "So many people knew him and where he might be so we were er wife, Laura Crocker, was stay- checking everywhere," said Fraser of the search. "When we found ing. him he didn't deny (the killing) and "(Evans) was mad because he remorseful. He later conwas said Fraser. was there," (Horton) "He called to talk to the woman fessed." Evans was transported to the and he talked to Horton. I don't ' ' Utah County Jail where he awaits know what they talked about. his first the at was appearance in court. A jail Horton reportedly motel to protect Crocker from Evemployee said today Evans had ans, who had allegedly assaulted been in and out of jail over the past Crocker recently. However, Fra- few years. Fraser said Evans had not ser said Crocker had "thrown clothing and there were changed out" days ago. (Horton) visible no signs of blood on him, Evans arrived at 9:30 p.m. at the few a scrapes. room and confronted Horton. It just ' 'It's always a relief to be able to was then Evans allegedly began find a suspect," said Fraser. "You striking Horton with the don't know what they'll do in the blade. "When I got there, Horton had a meantime, if he'll be a danger to laceration on his lower back, one himself or others." Fraser said he was not sure Evon his head somewhere and one on and Crocker were ever even ans his neck but there wasn't a cut Fraser said he didn't married. nothing you could see," said Frarole Crocker played what know ser. The blow to the neck was apor after the killing, saying during fatal strike. the parently her. Horton was transported to Utah he only got a glimpse of said he never said Evans Fraser Valley Regional Medical Center the intent to Trill with there went where he was pronounced dead at Horton, however, Evans "went 10:30 p.m. "It must have been the blunt there with theit lawnmower blade, find there." side of the blade because there he didn't the Of motive, Fraser said it was were no cuts there (on the neck)," anger. definitely said Fraser. he was just angry the think "I Evans for manhunt A was there, he just went over to ended when police found him guy find out why." walking along the railroad tracks at Police indicate that a number of 1300 W. 300 North, Provo. inside the The motel was the site of the Crocker's children were ocincident the when room motel July 20, 1976 slaying of BYU stuthe witness not but did dent Bennie Bushnell, 26, by Gary curred, was reportedly upset that Horton, no address available, was at the motel where Evans's alleged form- lawn-mow- te er |