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Show Pige A6 THE DAILY HERALD, Provo, Utah. Thursday, July 16, Wt LarjinniaCieirs debate earlSer decision to tad profit ventures of trafficking i in human souls. "It is economically unwise as well as morally and ethically "SALT LAKE CITY The Utah Legislature has already unsound," said William Jensen, decided to fund a d spokesman for the Utah private prison. Now lawmakers Citizens Education Project, a are getting around to debating newly formed group the pros and cons of that deci- addressing social, economic and sion. justice issues. "It is a commerce in human Members of the Legislature's interim law enforcement com- souls," he said. In Utah and elsewhere, mittee heard from privateers rates are up even incarceration to save the state promising crime are down. rates as create reduce and money, jobs Corrections departments are recidivism. But opponents, ranging staggering under demands that from a housewife from they find cells to house new Fillmore to the American Civil inmates and lawmakers tire of Liberties Union, question pouring hundreds of millions of those claims and wondered dollars into brick, mortar and whether the state can truly bars. afford to balance lives and liaAn increasingly popular bility against a company's bot-t- solution has been to contract line. Some accused the for- - with private companies, which By MIKE CARTER Associated Press Writer 500-be- non-prof- it m build and operate facilities, its bottom line. "Incarceration ' forced to pull trje inmates out of for profit a private prison, he said. The' request for private firms, leaves prison performance on ' Corrections of bottbm the said. Jensen line," Corporation prison bids should go out withIt was a concern raised by in a month, Haun said. No site America, of Nashville, Term., and Wackenhut, of Palm Beach several" presenters, ' including has been selected, however Garden, Fla., between them Corrections Executive Director Wackenhut been negotiathouse more than 100,000 U.S. Pete Haun. Private prisons are ing with Duchesne County and inmates. an integral part of his philoso- Ogden-base- d Management & Representatives from these phy, but he insists the state pro- Training Corp. has picked two vendors, along with two ceed cautiously. Fillmbre as a possible site. He said any contract must others, also testified. They Fillmore residents, however, maintained their security is give the state a voice not only in have forced the city council to tight and their motives go the prison's management, but place the issue on the ballot. in its construction. An beyond making a buck. Stephanie Barton, a housewife "I'm working toward putting monitor to ensure the state's who helped organize the oppomyself out of a job," insisted interests don't fall second to sition, said simply that the Marvin doesn't want Levy of Cornell profit also is a must. "community Haun cautioned that Utah them." Corrections, a Ventura, Calif., should never have more than a corrections firm. Haun, legislative analysts But Jensen and others testi- quarter of its roughly 5,000 and representatives of the four fying scoffed at the notion that inmates in private facilities. private companies interested in a private company, with share- "That's something we'd be able bidding for the Utah prison said holders and a board of direc- to manage in a worst-cas- e scethe state likely will see cost savtors, would do anything to hurt nario" should the the state be ings of 5 percent to 15 percent. usually for a daily fee. The two largest per-inma- te prasoof & piriivatie hs on-si- te Utah ' currently pays about $52.50' a day to house a inmate at the Utahr medium-s- ecurity T. State Prison. The prospective bidders hfejW given 'estimates ranging fr8m $45 to $55 a day. Haun said most savings 1fBt reductifl" come from long-terin benefits the state would Wt" have to pay private workers.' State worker union representatives, not surprisingly, provided some of the most, T m vehement testimony. Tom Bielen of the UfaftJ Public Employees Association! argued that the state watt' remain liable for the inmate regardless of where they arec housed. State workers, at least, have the benefit of limited immunity from lawsuits. Private prison workers do nq$c--- - Utah Supreme Court upholds forfeitures in drug cases Payson father in jail transport double jeopardy. The ruling comes in the case SALT LAKE CITY The of Wallace Davis, who lost his Utah Supreme Court has ruled GMC Jimmy to law enforceauthorities may prosecute sus- ment in January 1994 after pects on drug charges and take West Valley City police found a of cocaine in the their property at the same quarter-gratime. glove compartment. The justices reversed a After a judge ordered the lower court ruling that had vehicle forfeited, Davis, 43, restricted prosecutors' ability Midvale, argued that a to both punish drug offenders charge against him criminally and take property was an illegal effort by the state marginally connected to the to punish him twice. The Utah crime. Prosecutors always Court of Appeals agreed, and, in have been able to gain control a ruling in September 1995, of property directly linked to a threw out the drug crime. charge. The high court's decision Federal court rulings have said that forfeiture does not since tightened the definition of constitute punishment, so it punishment, Supreme Court does not impinge on the constJustice I. Daniel Stewart wrote itutional prohibition against in the Supreme Court's majori The Associated Press m drug-possessi- 2-- 1 third-degree-felo- 3-- 2 ty opinion released Tuesday. The value of the vehicle was roughly equal to the social costs of Davis' alleged wrong- doing as reflected in the state's expenses in investigating the drug case, Stewart said. The forfeiture therefore tan be seen as a civil penalty not consubject to cerns. The lower court had viewed the forfeiture as a form of deterrence or retribution. The state had argued the forfeiture of the vehicle, worth up to $4,600, was not intended to be punitive, but to recoup costs associated with investigating double-jeopard- y Davis. Prosecutors have wielded asset forfeiture as a tool to deprive offenders of property used to or produce drugs or obtained through drug proceeds. Forfeiture has traditionally been a separate civil proceeding against drug suspects' property, but a recent Utah statute merges forfeitures with criminal drug prosecutions. ' Defense attorneys have denounced asset forfeiture as an end run around the criminal-justice process that has tougher burdens of proof and constitutional safeguards. To prevail in a forfeiture proceeding, prosecutors prove their case by only a preponderance of evidence, the burden normally associated with civil cases, rather than beyond a reasonable doubt, as in criminal cases. State Olympic reps want lawmakers to help pay for 2002 Games SALT LAKE CITY The state's Olympic representa- that money to assist like Salt Lake City deal with local governments facing the crush of visitors expected expenses in public safety and. for the Games. ' "More than a million visitors other areas. will cost the state govern- are expected to flood Salt Lake It ment about $28 million to hand City for the games. The city will increased demands for services also host the figure skating resulting from the Games, events, medal ceremonies and Fowler told the Sports house journalists from around the world. Advisory, Legislative Management and Executive It is unknown how much the Appropriations committees on city will spend on the Games, Tuesday in his first report to but city officials have said virlawmakers. tually every area of government some of The Associated Press ,, -- tive wants lawmakers to put some of the projected windfall from 2002 the Winter toward helping Qlympics localities cope with the of providing services for tjie Games. t Utah Olympic Officer John Bowler said the state should t&ke in more than $47 million, plus another $23 million in school funds. Fowler urged a legislative committee to use bur-dje- n Fowler asked lawmakers to consider the "fairness and reasonableness" of helping cities will be affected. And small communities in the Heber Valley hosting and biathlon events could be less capable of dealing with the events and may be hit even harder, than Salt Lake City. Fowler said cities may be worrying more about the cost of hosting the Olympics than they should. There is fear rather than facts," he said. leaders are Community negotiating with the Salt Lake for Committee Organizing Fowler said but that assistance, may burden SLOC's budget. Instead he wants the state to step in. cross-countr- y i after illegal camping trip with his daughter!: By DONALD W. MEYERS The Daily Herald After almost a month, Nicholas and Brittany Schmuhl are home after police said their father took them illegally to Nevada. Payson Police Department Detective Bill Schwartzwelder said action by the children's mother, Ginger, set the stage for the arrest of Robert Allan Schmuhl Sunday at Lake Mead on charges of felony custodial interference. "She got the ball rolling," Schwartzwelder said. "With custodial disputes, people don't make a big deal of it, but she made fliers and put; them PAYSON The incident began June 16, when Schmuhl came to visit his children. Police said he told his he wanted to take the children overnight, and she refused. Schwartzwelder said Schmuhl took the children and drove to his mother's home in Eureka, where he called from to tell Mrs. Schmuhl that she wouldn't see the kids again. From there, Schmuhl reportedly took the children to ex-wi- fe Monticello, and then to BeavW said. Dam, Schwartzwelder Then they camped for tvyo weeks at Lake Mead, where 1W ' was caught after reporting,a theft late Saturday night. "Money was stolen out of ISs tent, and he went to the parti" rangers to report it. The rangers checked and found Out" wanted we him;" Schwartzwelder said. The children were in gojfi'd" shape, except for being sun-,- " burned, and came home" V" Sunday. "The dad was good to themiu although he had his moments like any parent does. They few a mealslT skip Schwartzwelder said. i oQ , . tion in Las Vegas, aidlo Schwartzwelder said SchmubJZI wants to come back to Utah" : quickly. " "He doesn't want to sit there " for 20 days," Schwartzwelder standa' said, referring to the period for an extradition heffNI ing. :;;oO If he is convicted, Schmuhl, could face up to five years ftt1J OJ prison. to contact Ginger1" Attempts Schmuhl were not successful.wul OBITUARIES Mary Elaine Shumway Clark J Mary Elaine Shumway Clark, loving wife, mother, and grandmother, dfed July 15, 1998, at her home in (km. She was born January 21, 1927, a daughter of William and Irene Aston Sflumway in Orem, Utah. She married Mjx Junior Clark May 10, 1947 in Ptovo. Their marriage was later solem-nkein the Manti LDS Temple in July d ol955. Elaine loved to read and enjoyed pointing. We love you and we will miss you! Survivors include her husMax J. band, Clark; five children, Lynne Bonham, Randie Pamela Bales, Cartmell, Cory Clark, Royce Clark; 10 grand- children and one She is also survived by a sister, Wanda Bishard. She was preceded in death by two brothers, Dean and Jack. Funeral services will be held Saturday, July 18, 1998, at 10 a.m. in the Orem Park 1st Ward Chapel, 50 South 750 West. Friends may call Friday, from 6 to 8 p.m., at the Sundberg-OlpiMortuary, 495 South State St. in Orem and also Saturday one hour prior to the services at the ward chapel. Interment will be in the Orem City Cemetery. n Glade C. Cobbley .JGlade C. Cobbley, 71, of American Fork, died July 14, 1998. Ijie was born March 25, 1927 in London, Utah to Charles Joseph and Lizzie Idella Cijlimore Cobbley. H married Fae on Sarith 17, September 1951 in the Manti LBS Temple. She away pafeed Faferuary 23, 1993. HSfgrew up in Lindon and graduated from Pleasant Grove High School in 1946. After graduation he served an LDS mission to the southern states. He was employed by Mountain BellUS West for 28 years, retiring in 1983. He was an active member of the LDS church and served as a temple worker for the past 14 years. He served in various church callings, most recently as executive secretary. Family, church service, and gardening were his loves. He is survived by two daughters and one son: Robin Sue ijeffrey) Hart, Mission Viejo, California; Gloria (Lynn) Bishop, Orem; Steven Glade (Amy) 4! Cobbley,' American Fork; 10 grandchildren. Additional survivors include one sister and two brothers: LaVern Pulley, Harvey D. Cobbley, and Dean J. Rachelle had a beloved Rachelle returned to love for wonderful 14, ouirFather in Heaven, Tuesday, July 1908 as the result of a bicycleautomo-bifi- i younger children and a special love accident near her home in Levan. for Alan her nephews. to and born was Rachelle She is survived 1984. As 16, June on Kenison Sbjjree by her parents, tro youngest of seven children, remembered by her Alan and Sheree of be will Rajhelle life.. Levan; three family and friends for her love of brothers and three Rajjhelle loved all animals, particularly Brad hefchorse Dundee and her dog Pebbles. sisters: Shf enjoyed music and was a talented (Tabrina) Kenison of American Fork; Tonya (Bart) Hendrickson of Orem; piijiist. She enjoyed outdoor activities lndidine softba 11. volleyball, camping, Katrina Kenison of Provo; Scott (Regina) Kenison of Orem; Valerie ng, skeet shooting and Honda ridKenison of Provo; Josh Kenison of be held Saturday, July 18, 1998 at 11 a.m. in the American Fork First Ward Chapel, 381 South 300 East, American Fork. Friends may call Friday evening from p.m. at Olpin Family Mortuary, 500 South 300 East, Pleasant Grove, and at the church on Saturday one hour prior Burial will be in the to services. Pleasant Grove City Cemetery. Funeral services will 6-- 8 X Levan; grandmothers, Anna Kenison and Lola Cooper, both of Payson. She was preceded in death by two grandfathers, Albert D. Kenison and Albert Vivean Cooper, both of Payson. Memorial services will be held Friday, July 17, 1998, at 11 a.m., in the Levan Ward Chapel. A viewing will be held from p.m. in the Nephi Utah North Stake Center, 1125 N. 400 E., Nephi, Utah. A viewing will also be held 5 a.m. in the Levan Ward from Belief Society room prior to the services. Burial in the Levan Cemetery. Her helpful, loving, Christ-lik- e spir it will be missed by family and friends. 6-- 8 9:45-10:4- Gerald Brent Clark died July 14, 1998 at his home in Provo, Utah after a courageous and dignified battle with cancer. . He was born March 29, 1928 in Provo to John and Raymond Marietta Ivie Clark, the fifth of eight children. He is preceded in death by his parents, three sis ters and two brothers. He attended Provo City schools. He married his sweetheart, Beth Johansen, in 1950. Their marriage was later solemnized in the Provo Temple on April 18, 1975. He served in the US Army in He retired as a Germany union boilermaker in 1990 from local 182. He lived in the Provo 3rd Ward his entire life. He served on stake high councils in North Park Stake and Provo Central Stake. He enjoyed missionary ML Porter, Gilbert, AZ; Tami and Jack Farnsworth, Chandler, AZ; Traci and Layne Parkinson, Lehi; sisters, Viola (Ray) Walters of Orem; Jo Ann George of Salt Lake City; 24 beautiful grandchildren and many nieces and nephews of whom he was very fond. Special thanks to his home nurse, MelanWSpackman, Dr. Ward, and the staff at the University of Utah Hospital Oncology Department. Funeral services will be held on Saturday, July 18, 1998, at 11 a.m., at the Provo 3rd Ward, 700 West 400. North, Provo. Friends may call Friday from 6 to 8 p.m. at Berg Mortuary, 185 East Center Street, Provo and Saturday from 10:00 to 10:45 a.m. ;at the church prior to services. Interment, East Lawn Memorial Hills. 1950-195- Cobbley. Rachelle Kenison Jpur mm Gerald Brent Clark NATIONAL OBITUARY Donald Benn Donald LAPORTE, Ind. (AP) Benn, longtime LaPorte Herald-Argu- s managing editor, died Monday. He was 76. ,; "Cart, Dottie& DEATH NOTICES Riachle Shae Swensen, infant daughter of Chad and Lana Swensfcn,! passed away July 14; $998. Gravesjde! services were held July 15, 1998 in he American Fork Cemetery under the1 arrangement of Olpin Family Mortuary of Pleasant Grove. Earl L Kirk, 81, of Pleasant Grove,! died July 14, 1998 in Pleasant Grove. Services are pending and will be announced by Berg Mortuary of Provo. Sharee" . I Wert Rwlty 49-- 4 I I Floyd Harrison, 70, of Orem, died' July 15, 1998. Funeral services ve pending and will . be announced "by Sundberg-Olpi- n Mortuary of Orem." OBITUARY FEES ' ' The Daily Herald charges for obituaries. Death notices, brief items identifying the deceased and the funeral home involved, howevjer, run.free.of charge and must be placed by the funeral home. The Daily Herald obituary rates are as follows: $15.10 per column inch and $7.00 per picture, for each publication. For further information call 344-253' ") Benn was hired as a sports editor in 1953. He was promoted to city editor, then managing editor in 1956, a position he held until he was named associate editor in 1976. Survivors include his wife, Phyliss and four children. "Serving our Families and the Community" ! TlfuTmtTLStrm work, fishing, woodworking, building and fixing things for people and "making a difference." In spite of his suffering thse past months, he never complained. He is survived by his wife, Beth Clark of Provo; children, Brenda and Larry Moore, Bountiful; Jerry and Bonnie Clark, Riverton; Toni and Evan FAMXYMOR3UA&23 Provo hipon Orew SpanuhFork DEADLINES ' ; Tuesday Saturday: 4:30 p.m. Day before publication. Sunday: 12:30 p.m. oft Saturday Monday: 12:30 p.m. on Sunday Photo deadlines sachets above. ;' -- - - i ; .' of Mary Rigby, 90, Orem, died July; 14, 1998. Services pending and will 'be announced by Berg Mortuary of Orel. ''"".is ' i ' C" . I i Randolph L. Stitei, age 53, of, Orem, died July 10, 1998. Services are ' pending and will be announced by B&f Mortuary of Orem. f . i , Helen Izatt, of Provo, died July 1998, Services will be announced ' Berg Mortuary of Provo. it, ff Earl L Kirk, age 81, of Pleasant Grove, died t(uly 14, 1998. Services! pending and will be announced by Berg - Mortuary of Orem. |