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Show ' i WJ "i VL- U t - The Daily Herald POINT OF THE MOUNTAIN As of May 5, Utah's death row inmates seeking to challenge MURRAY (AP) Two men their capital convictions could get were wounded by gunfire and two help from taxpayer-pai- d lawyers. Utah is one of 33 death-penalothers, including a police officer, states which have adopted laws injured during a brawl at a restaurant in this suburban Salt Lake that provide attorneys for inmates appealing through habeas corpus community over the weekend. Sgt. Terry Steed said the Hula filings. Hut Restaurant had a crowd of House Bill 60, passed by the more than 200 patrons early Sun1997 Utah Legislature, requires started picking up "costs of counsel and day when flashing hand signs. That sparked a other reasonable litigation expens1 a.m. altercation involving sever- es." The initial fund set up by legal weapons, Steed said, noting that islators was $120,000. several spent firearms shells were Utah Attorney General Jan Grafound at the scene. ham supported the new law, saying One man was booked into the it would reduce the number of Salt Lake County Jail for investigaappellant issues condemned killers tion of attempted criminal homicide. could raise later and cut the Additional arrests were anticipated. time between sentencing and The two gunshot victims were taken by ambulance to area hospitals. One was reported in stable condition, and the other in serious but stable condition, nursing supervisors said. A third man with chest injuries was airlifted to a hospital, where it was discovered that his injury was A SALT LAKE CITY (AP) & deep laceration possibly caused Fillmore man has filed by a broken beer bottle or flying an appeal with the Utah Supreme glass. Steed said the man was in Court, seeking to overturn his conserious condition. viction and life sentence for the 1995 slaying of one man and wounding of another. In his appeal, Larry Ross Harmon contends he did not receive a fair trial because Millard County SALT LAKE CITY (AP) prosecutors introduced inadmissiFormer Republican Rep. Enid ble evidence. After eight days of trial last Greene says she is focusing on the needs of her J July, a jury rejected Harmon's daughclaims and found him ter as she sorts out her own life and their future. guilty of murder and attempted "I won't say when the bank murder. The charges stemmed account will run dry, but 1 need to from the shootings of two stranded Douglas Greer and start getting an income soon," she motorists as they said in a copyright story of The Raymond Thomas walked along a dirt road near HarSalt Lake Tribune on Sunday. Greene has not yet found a job, mon's rural southern Utah home. at his During but is looking. She also does not know if she will make her home in trial, Harmon read from a tranSalt Lake City or Washington, and script of his police interview. Joe Wald-holt- z, Under prosecutor Jim Slavens' said her keeps in touch with their daughter, Elizabeth. A year ago, Greene decided not to seek to the 2nd ConDistrict amid investigagressional tion into her personal and campaign finances. Greene, an attorney, would not discuss job offers or the specific kind of work she is seeking but said she is considering a return to trial law. She also is not ruling out another run for office. hurt skirmish ( AP) ty gang-membe- U'U - JL- -' Monday, April 7, 1597 Officer, 3 others In it rs Jeffrey J. Hunt, who has represented death row inmate Douglas Carter on a volunteer basis, said the law also will mean condemned inmates will be able to mount more effective appeals. "It's a fiction to believe that can occur"" without professional legal help, said Hunt. "The promise of the bill is great. It's an incredible step forward." Carter was convicted in the 1985 fatal shooting and stabbing of Eva Olesen, 57, in her Provo home. Olesen was the aunt of Provo Police Chief Swen Nielsen. Details of what the new habeas corpus fund will cover remain unclear. The new law says only: "Costs of counsel and other reasonable litigation expenses" will be paid by the state Division of Finance. Carter, now 41, has asked for the services of a paralegal; a social worker or sentence-mitigatio- n specialist; additional hours of work by a neuropsychologist, doctors and mental-healt- h specialists; and testifrom mony experts on prison culture and institutionalization, and on black urban life. Carter, who is black, is from Chicago. He had lived in Provo for about 1 8 months before the killing. Carter also wants the state to pay for a lawyer to testify about the minimum standards expected of defense attorneys in death penalty cases. He contends he did not have effective counsel in his trial and previous appeals. Attorneys for Carter and convicted killer Ralph Leroy Menzies had urged the Utah Supreme Court to find death row inmates had a constitutional right to iaxpayer-pai- d counsel and expenses in habeas corpus cases. Menzies was awarded $2,000 by a trial judge for an investigator, but he appealed the amount as inadequate. Arguments on those issues had been scheduled for this week. But the justices canceled the arguments, ruling HB60 had rendered Carter and Menzies" appeals moot. Rules governing the money will be created and adopted by the slate finance division. The use of the word "reasonable" implies "the Legislature contemplates limits," aid Assistant Attorney General Fred Voros. "The statute does not contemplate you get whatever you ask for." Other states, for example, place caps on the amounts attorneys will be paid for handling habeas corpus cases, Voros said. Arizona" limit is l$7,500. - Of the row. Carter. Menzies and Michael Anthony Archuleta will be eligible for the new money. Archuleta's habeas corpus case recently ..was dismissed but an appeal of the, dismissal will likely be covered. Voros said. Four more inmates will become eligible once their initial appeals are completed. The last three inmates have appeals pending- in -' federal court. Carter's latest appeal cites 47 alleged errors in his trial and later proceedings, including juror bias and misconduct, errors in -jry instructions, exculpatory ev idence w ithheld by prosecutors and ineffective counsel. Harmon hopes appeal lands new tria direction, Harmon revealed to his 4th District jury that he had invoked his right to quit talking after giving a full account of the shooting. Harmon's attorney, Ed Brass, argued the questions amounted to prosecutorial misconduct warranting a mistrial. A defendant's invocation of constitutional protections is generally considered prejudicial evidence. "While agreeing Slavens'' action was inappropriate, Judge Boyd Park refused to grant a mistrial. Prosecutors contend the offending testimony about Harmon cutting off his police interview made no difference and that Park's instructions to the jury remedied whatever damage was done to Harmon's case. Harmon, a retired broker with no prior criminal record, doesn't have a parole hearing until 2008. Greene focusing on her daughter self-defen- se Governor advocates working at home real-esta- te Utah student first In Harvard class SALT LAKE CITY (AP) Utah student Lisa Grow will be graduating at the top of her Harvard Law School class this summer. Grow, 23, graduated from Brighton High School and later earned a chemistry degree from the University of Utah. After graduating No. in Harvard's class of 560 this June, she will clerk for a federal appeals judge. A year later, she will be a law clerk for Supreme Court Justice Anthony Kennedy. "The thing that makes that so remarkable is Harvard has the largest law classes of any major law school. The size of the pool is huge, which means graduating first in the class is an even greater distinction," said Jim Jardine, a Harvard Law School alumnus and chairman of the U of U Board of Trustees. 1 Group to soon fill Olympic position SALT LAKE CITY (AP) Olympic organizers for the 2002 Winter Games are expected to name a transportation director later this month. A search committee has interviewed 20 candidates for the job, which involves coordinating thousands of vehicles and drivers to ;haul tens of thousands of spectators, athletes and Olympic officials Jo competition sites throughout fhorthern Utah. The list has been trimmed to three finalists. "It is not easy finding someone who has experience moving 10,000 people at a time around a large geographic area, stopping for lunch and then doing it again in the afternoon," said Dave Johnson, senior Vice president for the Salt Lake Organizing Committee (SLOC). director, The transportation "which will earn about $90,000 a fleet of 3.5(H) year, will manage a automobiles and vans, plus hundreds of buses owned by the Utah .Transit Authority (UTA). private "btr companies and schools. encouraging telecommuting as a way to improve workers' productivity and reduce traffic as the state begins its massive reconstruction of Interstate 15. State government employs about .1 8.000 workers, many of whom commute to state office buildings on major transportation arteries along the Wasatch Front. And Leavitt would like to see a large portion of them leave their cars at home. "The problem is, we equate productivity with sitting in a chair in an office, and that is not a good measure of productivity." the governor said. "Without exception, we are finding that productivity is going up when people work at home." Several hundred state employees already work out of their homes, and Leavitt hopes the number will grow to several thousand. State employees likely will not work from home computer stations every day. Nor will every state employee qualify for telecommuting: employees who interact personally with the public will not be eligible in most cases. But thousands of state employees have jobs that do not require them to be at their offices every day. Social workers can easily work out of their cars, and auditors and computer programmers can work out of their homes. Leavitt said. "They probably get a lot more done at home because they are not being constantly interrupted in their work. It is quieter, and they can focus more on their work," he said. Leavitt cites the example of AT&T, which cut its office space by more than 50 percent while more than doubling its work force. The governor envisions the same kind of efficiencies if state government and other private employers embrace the checked his neighbors' properties, then drove down ing. "J hope to retire there and come back," he said. "It was exactly what 1 was looking for, only 3 wanted a little more land. It's disappointing to work all your life and it turns out wrong. I was trying to get away from crime and conges- tion." Harmon's legal troubles started soon after a loud knock woke him from a nap on May 22, 1995. Two young men were on his porch, then walked to his carport to inspect his vehicles. After ordering the men off his property, Harmon armed himself with a handgun, ..45-calib- er a road, con- fronting the men about a half mile from his home. Harmon fatally shot Greer. 27. in the face and Thomas in the arm as the victim fled. Neither of the victims was armed. At trial, Thomas said he and Greer politely sought assistance to get their bogged vehicle pulled from the mud, but were accosted without provocation. Harmon contends the two were casing the area for a burglary. He claims he was confronted by two menacing strangers who refused to answer his questions and would not back off when he brandished a gun. "They never told me one time they needed assistance,"' he said. "I've helped so many people up there who have been stranded in the snow." Drug abuse allegations put lector's license in jeopardy SALT LAKE CITY ( AP) For the second time in two years, the only family-practiphysician in ,,the rural southern Utah town of Milford has been accused of drug prescription violations. , SALT LAKE CITY (AP) Gov. Mike Leavitt is "It feels like I'm in a foreign country or another planet," he said in a telephone interview with The Salt Lake Tribune reported today. A California native, Harmon had moved to the backwoods subdivision of Frampton Heights east of Fillmore a year before the shoot- Dr. Bradley B; Spaulding could lose his license at a May 14 hearing of the state's Physicians Licensing Board. Investigators allege he illegally wrote prescriptions and received more than 2,500 painkillers, muscle relaxants and depressants between July 1996 and February 1997. He obtained nearly half of the drugs through a New York state mail-ordpharmaceutical company and used the controlled substances "for his personal use and abuse," state documents allege. er Regulators contend Spaulding violated the terms of probation he agreed to in 1994. the first time he violawas charged with drug-abutions by the state. But administrators at Mili'ord se and Valley Memorial Hospital many in the community 200 miles southwest of Salt Lake City continue to support Spaulding. "Dr. Spaulding admitted himself into a treatment program, took a leave from the hospital for a month and he's back and we feel he is working at 100 percent." Hospital administrator John Gledhill said Friday. "Everyone who has contacted me has said we want our doctor back.... We're just waiting to see what the licensing board does." Craig Jackson, director of the Department of Occupational and Professional Licensing, was surprised the community and hospital could "keep a physician, if. in fact, he is treating people and working 24 hours a day down there doing very technical work." Spaulding declined to comment about the allegations on advice from his attorney, except to say, "We intend to take responsibility drug-impair- ed SALT LAKE CITY (AP) Lawyers who successfully defended a Sandy retirement home from a reslawsuit filed by an ident and the federal government now are seeking SI 19.657 in legal expenses. In her 1994 lawsuit. Hazel Anderson and the Justice Department ulleged housing discrimination stemming from The Cross-land- s Retirement Community's restrictions on motorized carts. U.S. District Judge David Sam granted summary judgment for Crosslands. dismissing the Fair Housing Act lawsuit before it could go to a jury. Sam noted that Crosslands modified its motorized-car- t policy at least three times to accommodate Anderson, while driving to avoid accidents with other residents. "The purpose of the Fair Housing Act would not be served by which invalidating guidelines, were established for the safety of elderly persons living in a retirement comini.nity. many of whom are feeble und handicapped in vision, hearing or balance, in order to allow those lew persons who drive motorized carts to do so without iiny restrictions on the time, place or manner of their operation." the judge wrote. The Justice Department reportedly is considering appealing Sam's ruling to the 10th U.S. Circuit Court of Appeals in Denver. Anderson is blind in one eye and suffers from arthritis and spinal problems, according to court records. When she moved into the 120-un-it Crosslands in June 1992. she used an electric-powere- d cart and a walker to get around. The government maintained that except for asking her to leave her cart outside the dining room at meal times. Cross-landowned by Tacoma-base- d Hillhaven Corp.. initially placed no restrictions on Anderson's cart. s, Four other Crosslands residents also used motorized carts, some only for convenience. In January 1993. Crosslands adopted rules forbidding motorized carts around lunch and dinner hours in the lobby, mailroom. library, dining room and common ureas. Anderson protested the limitations, and in the next few months, Crosslands loosened the restrictions twice, including ullowing the carts during peak hours if the common areas were not crowded. Cessna Arizona GRAND CANYON NATION PARK, Ariz. (AP) After more than three days of searching, the Park Sen ice found the wreckage of a small plane off the north rim of the Grand Canyon. A snowstorm, which deposited about three feet of new snow, made searching all. until the but impossible clouds parted Sunday morning and a helicopter crew spotted the missing Cessna 210 crashed on the canyon's North Rim. Authorities tentatively identified James Eldredge, who officials believe was .. w ith his wile. Dark, an the plane when it radioed in 'a trouble call Wednesday night.' The couple are from Salt Lake City ,. The wreckage was found in' Fuller Canyon in the east end of the park near Point Imperial. The crash site was within a ' mile of where searchers' expected to find it after piecing together the plane's path from radar records, said'. Ranger Jesse Farias. While en ro ite f rom Las. Vegas. N.M to Lo.s Angeles, the plane's pil ji made a distress call at about 8 p.m.'' as visibility, "Wednesday plunged with the arrival of heavy v jather. Poor weather had ground- - v ed the search on and off.--; including more than three feet of snow and heavy clouds. By. Sunday, more than 100 people from state, federal and local, agencies were involved in the search, which was centered about seven miles north of the canvon's north rim. ' . , ' for the charges that are true and discount the ones that are not and try to resolve this." The allegations come a month after DOPL filed drug-abucharges against the only general surgeon at Tooele Valley Regional Medical se Center, Richard E. Anderson. Spaulding reportedly got his job in Milfoid in March 1994 after being accused in Idaho of malpractice and treating patients while under the influence of drugs. Before he was hired, he told Milford hospital administrators about his addiction problem, which dates to 982. Five months later, he disappeared for two days and was found dehydrated and confused by a team in the mountains near town. He admitted obtaining the painkiller Demerol by writing false prescriptions and by dipping into the hospital's pharmacy drawer, which led the state to impose a five-yeprobation on his licenses. 1 search-and-resc- ar Retirement home's lawyers seeking nearly $120,000 10 men on Utah's 3eath Your gift can make the dream come true. . Km- A .- r a- f ' -- I I ""''wJ The dream of a new libraiy and the rebirth of Academy Square is just one final step away from reality. And with your help it can come true. Please send your gift, large or small, today. You'll bless your posterity and Provos too. I - - - p.. 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