OCR Text |
Show f, I'm Saturday, March New Springville polio chief chosen Finiayson has held his current post for the past five years. He was hired from the Utah State University Campus Police Department after 10 years of service there, he said. Before that, he w as a police officer w ith the Brigham Young University Campus Police Department for two years. He lived in Springville during that time. "There w ere a number of issues that attracted me to Springville," Finiayson said. "I had lived there before, and my family thoroughly enjoyed the community. We found that it was a wonderful place to livc.And I have a daughter who is attending Brigham Young University." In terms of the state of the police department and the controversy that has surrounded it over the past few months, Finiayson said he is aware of the situation. By TOM McHOES The Daily Herald SPRING VILLE City officials have selected a new police chief to replace former Chief of Police Louis H. Fetherolf, who resigned under pressure in January. Mayor Delora Bertelsen is scheduled to announce the hiring of J. Scon Finiayson. currently chief of police in Hoquiam, Wash., Monday at 8 a.m. in the council chambers. City officials stated in a news release that Finiayson will be sworn in at a citv council meeting March 19. But Finiayson told The Daily Herald he will take over for interim Chief Swen Nielsen April 1 and will probably not be sworn in until the following day's city council meeting. "Yes, I'm acquainted with the situation, but hasn't told me anything," he said. "Most of w hat I have learned is through what I have been reading in the newspapers." Finiayson said, however, that the controversy was not kept secret from any of the applicants during the hiring process. Because of the publicity the department's personnel difficulties had generated, candidates for the position knew it w as a key issue. His approach to the situation w ill be to avoid dwelling on the past and to move the department forw ard. "I knew Chief (Leland) Bowers when I lived there," Finiayson said. "I have never met Chief Fetheroif...But as far as I am concerned, all that has gone on is past history." no, the city really Officer runs afoul of fowl Page A3 THE DAILY HKRAI.l). Pnno. I tan often do more harm than good Non-lawye- rs Should paralegals and others do not have law degrees have the right to ot ter paid legal services to the public? Some people would sa yes to that question. The Utah Supreme Court has just said no. Arguments can be made on Kith sides of the issue. Many would say that if people know the person they hire is not a lawyer, and they are satisfied advance. w ith a involved a couple who sought the services of a "public adjuster" to help them settle a personal injury case. A public adjuster is someone who negotiates w ith insurance companies for personal injury or property damage settlements. Most of them have served as insurance adjusters, and there is no doubt that they fully understand the inner workings of the I insurance industry and the m i process of evaluating and adjusting claims. My clients had spent an entire year working with the adjuster. He had finally obtai ned a $ 0.000 offer. His d fee was to be of the settlement, the same as most The Legal Forum lawyers charge. The clients didn't feel the offer was high enough, so they fired the w ith that level of competence adjuster and came into my office at 4 p.m. one day. (or incompetence, as the case I settled the case the next may be), there is no reason to would them. They argue morning for $30,000. The stop insurance adjuster knew that I that might be able had the ability to follow to furnish legal services at a more affordable cost. through and force a fair settleI fully support the right of ment by going to court if necessary people to do their ow n legal something the work. If they goof things up adjuster could not do. My main concern about they have no one to blame but themselves. But am not so allowing amateurs to practice law is that a lot of good prosure we should permit moters would hold themselves untrained people to sell their out to be much more competent services to others. The potential than they are. While there may for damage is enormous. be differences in abilities of Believe it or not, there are that kxk legal lawyers, it is at least true that many problems we all have the same basic easy but turn out to be just as legal training. complicated as medical probThe Utah Supreme Court lems. While I ought to have a recently held that the practice right to set up some mirrors and take out my own appendix, perof "third party adjusting" is the unauthorized practice of law. I haps I should not be allowed to believe that was a good decitake out the appendixes of others. sion. If anyone says handling a I've had a couple of experiences with unlicensed "legal personal injury case does not advisers." The first was one require a law degree, their very where my client claimed to statement is conclusive proof that they don't understand what have been slandered by a busiis involved. Many personal ness competitor. Fortunately, one of the people to w hom the injury cases require hours, days and even weeks in the law offensive statements had been made secretly recorded the conlibrary doing research into versation. complicated issues. Believe it or not, they don't My client didn't come to me in the beginning. Instead he make us go through the torture went to a paralegal in Salt Lake of law school just so we can who was create a bogus profession practicCity illegally ing law. His strategy in this case allowing us to charge big fees was to immediately confront the and exclude others from pracoffending party with the tape ticing it. While there are times and try to use that as leverage when giving legal advice is little more than good common to get him to settle out of court. He blew it. If the tape had sense, there are other times when I wish I had two law been held back, the defendant such denied have might making degrees. Those are the times when I puzzle and puzzle statements. Then he would until my puzzler is sore. have been caught lying. It is Charles Abbott is a Provo every lawyer's dream to be able to catch the other party in attorney with the firm of Abbott & Abbott. This column, appeara blatant lie. Jurors don't like liars, and their verdicts often ing weekly, is presented as a reflect it. This amateur lawyer public service to help the public understand legal issues. We not only failed to get an offer of settlement, but he damaged invite your comments and questions. Write "The Legal the case by letting the defendant know about the tape in Forum. " co The Herald. w ho My other experience non-lawy- er S izt Charles Abbott 1 one-thir- ROY, Utah ( AP) - - f ' Photo courtesy ot 0. Robert Carter The S.S. Lake. A was once the pride of Utah presentation about the historic charter Sho-Bo- at craft will be given Tuesday night at the Provo City Library. is focus of presentation Sho-Bo- at char-te- r t, Memories of the S.S. a craft that plied the waters of Utah Lake in the rI930s and '40s, will be recounted Tuesday by I retired Utah history teacher D. Robert Carter. The presentation at 7 p.m. in the Provo City Library is free and open to the public. It is sponsored by the Utah Valley Historical Society. Long-tim- e Utah County residents recall with fondness parties, meetings, dinners and even a Sho-Boa- 90-fo- ot wedding held aboard the boat. Carter said. was built by Hewitt Strong and The S.S. Sho-BoElmer Smith in 1932 and was a popular attraction in spite of drawbacks such as the Depression, World War II and a severe drought that almost dried up the lake, he said. It was beached at the mouth of the Provo River in 1947. Carter will show more than 100 historic photographs of the boat as part of his presentation. at Jail fee ordinances being studied By JOSEPHINE ZIMMERMAN The Daily Herald An agreement with Utah County and local cities concerning booking and housing fees for city prisoners incarcerated in the Utah County Jail may be closer. County Commissioner David J. Gardner told mayors attending the Council of Governments meeting Thursday that changes in two proposed county ordinances had been hammered out in several meetings w ith city chiefs of police and attorneys. He said a revised ordinance is now being studied by the County Attorney's Office, i Mayors asked him to present the final ordinance versions at the next Council of Governments meeting in April before adopting thein. On the issue of charges imposed on the cities for booking municipal prisoners in the county jail, the proposed new ordinance sets a fee of $16 for each person presented. In the event the presenting agency has already fingerprinted and photographed the prisoner, the fee will be $8. The Utah County sheriff will bill each city at the end of each calendar month. Provisions of the ordinance w ill not apply to any people entering the Utah County Jail: to begin serving a sentence or commitment, as a result of a warrant, or when the person, in addition to being arrested for violation of a municipal ordinance, is arrested for any other reason, including of a felony, a class "A" misdemeanor, the violation of a county ordinance, or the issuance of a warrant or commitment. The second ordinance, concerning jail housing costs, still contains the same fee, as outlined in the Utah Code, but has an added secthe commission tion: "This provision shall not apply to any municipality or town which has entered into an interlocal agreement wherein the county has agreed to pay the cost of incarcerating such prisoners." In December 1986, the county agreed to pay the cost of housing prisoners "upon conviction." This followed a decision by the Utah Supreme Court that the county was not responsible for the cost of housing prisoners arrested for violation of city or town ordinances. Police Officer John Sattelmair ran afoul of a fowl on a recent traffic stop. His colleagues have just barely stopped laughing long enough to be able to tell the story. Sattelmair hasn't said a peep. Follow ing a Feb. 24 traffic stop, Sattelmair had just ticketed and bid the errant driver a good day when he turned to find his path blocked a by an avian with an attitude righteously perturbed turkey. Sattelmair at first had a staring match with the bird. "Neither one was going to give ground," said Roy Police Lt. Ed Rhoades. What followed has found its way into police lore in the department's newsletter. "Then the turkey initiated a forward attack," the article said, all pointing out that Sattelmair 260 pounds of him retreated. The officer kicked at the advancing bird, but worried that he was opening his defenses to the possibility of painful pecking wounds. So he reverted to throwing snowballs as he backpedaled. Still, the bird advanced. At one point, he thought the calvary had arrived in the form of another officer. But that patrolman laughed himself useless. Another car pulled up, but contained only a civilian who snapped a photograph and drove off. Sattelmair eventually was cornered in the doorway of a nearby church and was forced to try to season the bird with pepper spray. The solvent, burning cayenne-peppe- r which w ill drop a brawling man in his tracks, didn't faze the turkey. In desperation, Sattelmair finally bolted past the bird, taking a few direct pecks as he sprinted for the safety of his patrol car. His only injury was, as they say, to his pride. Sattelmair was unavailable for comment. His say that his defense in the face of the razzing has been to embellish the turkey's description. It is now a tall, "We're working on a nickname for John," his lieutenant said. rs 1 Trapped Layton man drowns ObituariGG A LAYTON, Utah (AP) conTerrace Washington struction worker, trapped when his legs were pinned by a cave-i- n in an excavation hole, drowned when the hole filled with water from a broken pipe. Three fellow workers scrambled to free Chris Tanner Thursday afternoon when a wall in a wide, deep hole and collapsed pinned Tanner's Workers were legs. attempting to ld Clayton Denton Liddiard Clayton Demon Liddiard, age 80, of Provo, passed away Friday, March 8, 1996, at Utah Valley Regional Medical Center in Provo, Utah. He was born October 23, 1915, in Provo, the second child of John Albert and Vera Garrett Liddiard. He married Doris E. Mower on November 4, 1939, in Provo. He was a life long resident of Provo. He attended Provo City schools, graduating from Provo High School. Throughout his life he worked on various construction projects and in related fields. He worked at Provo Steel and Supply as a foreman and sales engineer, retiring after 38 years. He was a member of the LDS Church, recently serving as a home teacher. He was loved and respected by his family, many friends and associates. He enjoyed woodworking and was a fine craftsman. He was also an avid hunter and fisherman. He devoted many hours working on genealogy . and family history. He loved reading and telling stories. He is survived by his wife, of Provo; one son and three daughters: Darrell Clayton Liddiard (Mary Ann), of Provo; Janet Leonard (Robert), of Murray; Colleen Dore (Rodney), of Fremont, ML Mabel Westphal ( Mabel Olsen Westphal, age 87, of Pro vo, passed away March 7, 1996, in Provo, of causes incident to age. She was born February 23, 1909, in Provo, to Ole E. Olsen and Sarah Elleh "Nellie" Jones. She married John Elliott West- hal on September 1968. in Provo. ie preceded her in death on March 10, 1988. Mabel was a lifetime resident of Pro-V- She attended Provo City schools, a member of the Provo High School Swimming Team, under the (lirection of Professor Leaf. She played loftball for Dennie Own Softball Team under the direction of Byron Denhalter. Mabel was employed by several grocery stores through the years, including the Second Ward Market, where she remained for several years, under the management of four different managers. She later worked for Halladay's Market. She was a member of the LDS Church, and had served as secretary in the Sunday School, and the YWMIA, and also ind was served as a visiting teacher in the Relief Society. She enjoyed knitting and gardening. She was a member of the Daughter of the Utah Pioneers Camp 3. Mabel is survived by three step-son- s: J. Dwain Westphal of Orem; Fred Lee Westphal of Provo; and Gary J. Westphal of Orem: one brother and two sisters: Georee Albert Olsen of Orem: Mrs. Joy W. (Bertha O.) Nielsen of Provo; Ardith O. Nielsen and husband E. Leon Nielsen of Provo; and two sisters-in-laPhyllis Smart Olsen of Provo, now serving a LDS Mission' in London; Mrs. Leona Olsen of Provo. She was preceded in death by four brothers: LeRoy, Ralph Reed. Horace Glenn and Marion J. Olsen. The family would like to express their sincere appreciation to the nurses at the East Lake Care Center, and also the nurses of Hospice, for their tender loving care. Funeral services will be held Monday, March II. at II a.m. in the Berg Drawing Room Chapel. 185 East Center Street, Provo. Friends may call at the 19. Mortuary Sunday evening, from p.m. or Monday morning one hour prior to services. Interment, Provo City Cemetery. 6-- California; Barbara Anderson (Joe), of Benjamin; 15 grandchildren; 12 greatgrandchildren; 3 brothers and 2 sisters: Preston G. Liddiard, of Springville; Kenneth "Dick" Liddiard. of Provo: Bert Liddiard, of Spanish Fork; Edith Richardson, of Olympia, Washington; Elva Ungricht, of Provo. He was preceded in death by a brother, Duane Albert Alta Amanda Born November 5. 1905 in Wales, Sanpete County. Utah. Daughter of and Ephraim Amanda Jane Clement Jensen. Married Kimball Vance in the Salt Lake Temple on January 17, 1928. Preceded in death by her parents, husband, two sons (Kimball Roland and Byron Leon), brothers Andrew and Wilford Jensen. Survived by her loving daughter Loretta Vance Carper and brother Gilbert Jensen. 10 grandchilAlia was a dren, 13 powerful figure in the lives of all who knew her. The farm girl from Wales came to Salt Lake City as a teenager and left a legacy of accomplishment and and ownA er of Vance Electric, she was one of the first and few female members of the Salt Lake Chamber of Commerce in its early days. She then embarked upon a career in Social Work, earning degrees (B.S.. 1955. M.S.W.. 1957) from the University of Utah. She established the Social Work Department at Shnner's Hospital and worked at the Salt Lake County Hospital as well as Rancho Los Amigos in Long Beach, California. Her lifelong affiliation with the Ulan Alliance for the Menially ill resulted in numerous awards, including "Volunteer of the Year" in 1988. She devoted service to the Rehabilitation Services Advisory Council and receied recogni . "Bobby" Liddiard. Funeral services will be held on Monday, March 11, 1996, at 2 p.m. at the Berg Drawing Room Chapel of Provo. Friends may call at the Berg Mortuary of Provo, 185 East Center on Sunday evening 8 p.m. or on Monday one hour prior to services. Interment Provo City Cemetery. 6-- Jensen Vance tion for these efforts. Impressive as her professional achievements were, her true devotion was to her faith. Made a member of the General Board of the Relief Society in 1948, she retained Emeritus Status until her death. Alta held Regional, Stake and Ward positions in Utah and California throughout her life. Alta was a student and admirer of poetry and literature; her cards and letters to loved ones were laced with passages from the great works. As a world traveler, she had few peers: Europe, the Middle East, Hawaii, Afghanistan, Russia. India and Asia were all on the itinerary. She was a member of the Daughters of the Utah Pioneers and delighted in the study of her forebears. Her journalism was published in the Deseret News. As an intellectual and spiritual force she has provided a standard of excellence which all of her descendants shall strive to honor and uphold. Funeral services w ill be held Saturday, March 9, 1996, in the Riveridge Ward Chapel, 1120 E MX) North in Orem. Friends may call at the Sundbcrg-OlpiMortuary Friday from p.m., and on a.m. at the Church. Burial Saturday will be in the Salt Lake City Cemetery. n 12-fo- ot 25-fo- ot m DnURftTk' FUNERAL FLOWERS 876 S. Main St., Oram 225-300- 3 st Arraignment set for accused rapist By BRANDY VOGEL The Daily Herald An Orem man has been bound over to Provo's 4th District Court e for arraignment on a of felony charge rape. Robert V. Hurst, 155 S. 1200 West, appeared before Orem Circuit Court Judge Joseph I. Dimick during his preliminary hearing Thursday. "The state carried its burden of proof," Dimick ruled. The victim testified Thursday that Hurst sexually abused her during the time that Hurst was her mother's boyfriend. "If you don't leave me alone. I'm going to tell mom," a witness said the victim told Hurst on one occasion. Utah County public defender first-degre- 9 9-- 1 dig him out when a water main burst and filled the trench with more than 50.000 gallons of water. The Brigham City company ' culi- - ' was installing an east-weline for the, water nary Weber, Basin Water Conservancy District when the cave-i- n occurred. One construction worker at the scene said two more cave-in- s occurred while they tried to reach t Tanner. PROVO FLORAL "Our Flowers Say What The Heart Whispers" 197 North 500 West Provo 1 373-700- Craig Bainum repeatedly questioned witnesses about the details of the rape. All the witnesses who were questioned said the details were not discussed between them- selves and the victim. The offenses allegedly occurred between October 31, 1994, and March 13, 1995. Hurst's arraignment is sched:' uled before 4th District Judge Ray ' M. Harding Sr. on March 22. OBITUARY FEES The Daily Herald charges for obituaries. Death notices, brief Items identifying the deceased and the funerai home involved however, run free of charge. Information concerning The Dally Herald obituary rates is available from the newspaper's Classified 0 Ad department, or from any Utah County Mortuary. 373-645- DEADLINES 3 p.m. day before publication. If sent by modem, 8:30 a.m. day of publication. Photo deadlines same tt above. ' |