Show A hfts ira letter written by Burris to the County Sheriff Robert Limb to American Civil Liberties Union Burris from jail (ACLU) and forwarded to the press immediately Burris said the letter to the ACsparked an investigation that led to A By LANCE GURWELL and JOHN HARRINGTON Standard-Examinstaff er BRIGHAM CITY — A Boise Idaho man was released from the Box Elder County Jail Monday when a First District Court judge ruled his constitutional rights were violated by a Tremonton justice of the peace Jack Burris 43 was arrested on Jan 3 by Tremonton police and charged with public intoxication and petty theft According to Justice of the Peace DeVerle Payne Burris was tried less than 90 minutes after the arrest convicted and sentenced to 20 days in jail or a $200 fine re-lea- se a petition for a writ of habeas cor- LU was smuggled out of the jail by pus in an attempt to gain Burris’ a jailer and mailed In that letter Burris claimed he awoke in the jail release ACno recollection of his arrest or with filed The petition by Ogden alB Havas LU attorney David trial In Monday’s hearing Payne tesleged Burris was convicted by Paywas still drunk tified he has had five days legal ne while Burris the court he thereby denying the defendant’s training and told was intoxicated at constitutional rights thought Burris Monday afternoon Judge VeNoy the time of his arrest but was sober Christoffersen agreed enough to stand in his own defense Havas questioned Payne about testwo some of hours Following standard legal procedures involvruled had the Payne judge timony ing bringing intoxicated persons inviolated” Burris’ to a court proceeding “substantially rights and directed Box Elder Payne who contradicted his own testimony several times during the proceedings said he wasn’t familiar with case histories dealing with intoxicated defendants Under standard legal procedure Christoffersen later said a guilty plea should not be accepted from any person believed to be under the influence of drugs or alcohol When Burris was first brought before Payne he pleaded not guilty to both charges but later changed his plea to guilty Payne then passed sentence Payne said he did not ask Burris if he was under the influence of alcohol or drugs Payne testified Burris was sentenced “about an hour and a half” after his arrest Further testimony from police and sheriff’s deputies convinced the judge Burris was drunk in Payne’s court thus invalidating the proceeding Payne last week told reporters that Burris was “intoxicated but not drunk” during Jan 3 court proceeding According to Webster’s New World Dictionary “drunk” and “intoxicated” are synonymous After hearing all testimony Christoffersen said “there appears to be a substantial violation of that he (Burris) appeared rights to be intoxicated at the point of the court will grant the waiver writ” Payne sitting in the back of the courtroom shook his head and visibly reddened He said “This isn’t right It’s not the way I thought it would go” For a short time following the ruling it appeared Tremonton City Attorney Clint Judkins might atBurris tempt to declined to disweek last Judkins cuss Burris’ case saying “I’ve got better thngs to do than sit here and talk about the Constitution and civil rights with you (reporters)” Judkins shoved one reporter but later decided against filing any additional charges Burris meanwhile was whisked back to the jail where he changed out of his jail uniform into street clothes and walked out a free man re-char- ge o hike budgef could force WSC to cuf ©imiroDDirinisini'uSara soil - “In my judgment to continue a quality program at Weber State SALT LAKE CITY — If Utah which will serve the increased lawmakers don’t increase next number of students we will need year’s higher education budget an increase of at least 159 percent substantially over what the legisla- which is the level the regents are tive fiscal analyst recommended recommending” Monday Weber State College’s Brady said if the increase isn’t “only alternative” will be to limit above what the RodWSC enrollment President “substantially is analyst recommending our only ney Brady says alternative is to substantially limit The Higher Education Joint Ap- enrollments We cabnot continue to propriation Committee began its serve more and more students with hearings Monday afternoon with less and less money” an overview of the 1981-8budget Dr Leon R McCarrey acting by the analyst commissioner of the Utah System The committee set hearings over of Higher Education made a simithe next three weeks on the indi- lar warning in his remarks to the vidual budgets of Utah’s univer- - committee “Unless reasonable funding is provided the alternatives to the erosion of quality are: One the limiting of enrollments through the process of more rigid entrance reL quirements two closing classes when enrollments reach a level or three higher tuition — pricing many out of the education market” By BRAD REMINGTON Standard-Examin- Staff er 2 —Z5 J S229ililll92992 pre-de-termin- ed The regents are recommending a s sities and colleges Weber State 95 percent tuition increase But budget will be examined Friday Brady said he wouldn't be sur- Jan 30 at if lawmakers decided to pm at the State prised boost it by more than that 2 Capitol Brady said his number one conLegislative analyst Heber Hunt cern is the salary hikes being prorecommended a budget of $220 posed by the analyst and governor million for higher education a 37 increase over the 1980-8- 1 approved The'primary difference between the three recommended budgets is budget the amount of the salary increase In comparison the Utah Board of being proposed The regents are asking for an 11 Regents has recommended a $246 of a 159 permillion budget jump percent average increase plus an cent while the governor has pro- additional 19 percent for salary posed a budget of $229 million an 8 adjustments percent increase Gov Scott Matheson recoma 28 percent increase for mends Richards G LaMont Rep comof the Lake City faculty and staff plus 19 percent feland for educators mittee warned adjustments The governor also curof for another 395 percent to in asks low lawmakers that light unit’s conditions rent economic fully fund the employee’s retireto ment contributions for a total avable likely the legislature will be meet the 159 percent hike request- erage increase of 865 percent ed by the regents “There will have The analyst is recommending an ” he said to be a compromise average increase of 2 percent to allow for selective adjustments as Immediately following the meet- determined by the administration ing Weber State’s president also Hunt said that because of the varihad a warning: “I am concerned ous packages being presentthat the fiscal analyst is recom- ed tosalary the analyst will lawmakers mending an increase of only 37 be a of salary number presenting over fiscal percent for fiscal consideration options for R-Sa- lt an 81-8- 2 80-8- 1 On top of the news Students and faculty at Weber State College crowd around a television set in the lobby area of the Union building this morning They are watching the inaugural speech of Presi Standard-Examin- L ANDERSON er The Ogden County Joint Building Authority today decided to float a $17 million bond to renovate the Ben Lomond Hotel for government offices and to acquire City-Web- er adjacent properties The bond plus interest will be paid off by property taxpayers in the county over possibly a period Authority Chairman Boyd K Storey Weber County commissioner says the proposal will not be put up to a public referendum although Ogden City the county and the state will budget taxpayers’ funds to occupy and maintain the properties At its meeting the authority 20-ye- ar elected County Commissioner Frank D Maughan Jr treasurer to replace former commissioner Robert W Bowen It also heard a presentation on legal documents and dates interest and principal payments will become due and said the Ogden Planning Commission will be kept informed of developments The authority then closed the meeting to the press and went into photo Moves from youth center Aiolleir ft® uimdeirgj® mni©ire By CHARLES F TRENTELMAN Standard-Examin- Staff er FARMINGTON — An order for additional psychological evaluation of John P Miller Jr 16 accused of the murder of a Clinton girl has been signed by former Second District Judge Thomley K Swan That same order also commits Miller to the Davis County Jail when the evaluation is completed Until now Miller has been held in the Moweda Youth Home in Roy The order was signed by Swan because he heard the arguments while still on the bench d He retired Dec 31 Second District Judge Douglas L Comaby will hear Newly-appointe- the trial and any further court actions The evaluation was requested by Miller’s attorney Tom Jones of Salt Lake City during Miller’s arraignment in December The evaluation will take place at the Utah State Hospital in Provo Miller has already been evaluated by psychiatrists and psychologists of the State Ben Lomond building authority agrees on $17 million in bonds By ROBERT dent Ronald Reagan and waiting for updates on the freed staff hostages flying out of Tehran Standard-Examine- r Hospital but that evaluation was part of juvenile court proceedings The purpose of the evaluation is to determine Miller’s mental state at the time of the crime he is accused of committing A trial date is tentatively scheduled to be set Jan 27 Conducting the evaluation will be one doctor and one selected by the defense Dr Van O Austin a doctor who examined Miller last time was appointed from a list of doctors submitted by the Davis County Attorney’s Office Dr Louis G Moensch a Salt Lake doctor was appointed from a list submitted by the defense The order placing Miller in the Davis County Jail after the evaluation was made on the request of the County Attorney’s office County Attorney Rod Page argued that since Miller was being tried as an adult he should be treated as an adult and thus should not be kept in a juvenile detention facility state-appoint- state-employ- ed ed mental! tests Attorney Jones said Monday that he was disappointed at the order but said the question was entirely discretionary on the part of the judge and there was nothing he could appeal Miller is accused of the Aug 5 death of Anne Hoskisson 2 of Clinton Her body was found in the closet of an abandoned house near her home on the morning of Aug 6 Miller is formally charged with first degree murder kidnapping and forcible sexual abuse Miller was 15 years old when the crime he is accused of took place He turned 16 in December In September the Davis County Attorney’s office successfully petitioned the juvenile court to certify Miller as an adult citing the gravity of the crime he is accused of and the lack of adequate treatment facilities in the juvenile system for a sex offender Miller pleaded not guilty to all counts in his December arraignment At that time attorney Jones notified the court he intended to base his defense on insanity Off the record She's friendly not ferocious executive session to discuss a “cost taken and property owners along analysis update” the parking the street agree By PAT JONES needed for government workers Eldard also wondered if the Staff and the relocation of present hotel parking space will be accessible to She looks ferocious but she is the gentlest animal tenants and those businesses near businesses in the area or confined for which one could ever ask the hotel that are in the path of the to government workers She was born in October of 1975 and arrived in development Ogden eight weeks later from Denver Colo He said the planners are interestDeputy County Attorney Phil Willliamson ruled those matters ed to know if any historic entitities The cute then small English bulldog arrived on a pertained to negotiatons and were will be abolished Frontier Airlines flight riding in her own cage not for public review at this time some “ifs We could hear her whimpering as we entered the are said there Storey Planning director Graham F at this point” on the project’s fuarea and recall how tickled she was to get baggage Shirra and assistant Robert W ture he did not elaborate He out and to be held and loved but approached the authority at the authority should stay in the request of the City Planning agreed My son and I named her Diamond Lil for no other communication Commission reason than it seemed to fit her The Ogden City Council rejected In a letter addressed to the auWe had plans of making a housepet out of the thority planning chairman Katie counsel last year from City Attor- brindle-colore- d bulldog but when still in infancy she Dye noted the authority is proceed- ney Jack Richards and ignored tore down the Christmas tree we decided her days in ing posthaste to meet bonding re- questions raised by former City the house were numbered quirements and finish appraisals Manager Larry Hunter as to the She didn’t mean to be malicious it was simply she on properties to be acquired legality of the project and the sub- was so eager to explore and the lighted tree fascinated In accordance with city ordi- sequent costs that could have an her nances Mrs Dye said the planning impact on the city’s budget and commission will be reviewing aes- services One summer when we were trying to ready the thetics parking layout traffic cirThe city hired attorney Richard swimming pool for use the liner was removed to culation technical aspects of Campbell to issue an opinion repair one small hole vacating Ogden Avenue between “I believe” Campbell said “the It took three of us using all the strength we could 25th and 26th aesthetic treatments fundamental of financing muster to drag the liner across the yard repair the concept and historic assets project through municipal hole and place it up on the Oldsmobile to dry Eldard reminded the authority the bonds repaid by proceeds of the Lil it must have been easier She took that liner that Ogden Avenue cannot be lease to be sound and would with- offFor car and dragged it back and forth in the yard the vacated until proper legal steps are stand a constitutional attack” former lonesome hole plenty of company the giving Standard-Examin- El-da- rd ft er The swimming pool is still minus a liner Lil is also a very smart animal It did not take her long to figure out how to open the gates The only problem is that when she would go for her walk her appearance would frighten people to the extent they called the animal shelter immediately Most times she was apprehended and in the dog pound before we even knew she was gone So we would have to pay a “ransom” to get her back I’m certain she would eventually come home on her own if given a chance But with her looks she doesn’t stand a chance We had to figure out how to outsmart her by placing a nail (which had to be inserted carefully facing out of the dog run) in the lock If it faces in she pushes the nail out and goes on her merry way to the next gate and off she goes Lil is in her glory when the grandchildren come over and romp with her in the yard Now as said before she is not mean but when that pound animal gets a full head of steam up she can bowl them over like tin soldiers But the children do not fear her for they know Lil is full of loving intentions My husband says it is a good thing she is not mean For if she were with that huge head sporting a big jaw she would be a match for the “incredible hulk” 70-pl- us |