| Show rws JtMKcm 23 Standard-Examin- Friday December er 1 Local News Editor: 2000 625-422- 4 (Ogden) 776-495- 1 (Layton) DAVIS COUNTY Santa flying to HiSI esam® ii lm manp picking Rettenberger out of a Defense attorney in Motel 6 slaying says eyewitness unreliable photo lmeup By JACOB SANT1NI Standard Examiner Davts Bureau FARMINGTON - New and old eyewitness testimony that purportedly links a 21 year-old man to the 1996 Motel 6 murder and robbery is now under fire as unreliable Four years after Todd Jeremy Rettenberger was arrested and charged with murder and aggravated robbery in the Oct 29 996 fatal shooting of night desk clerk Matthew Whicker a second local wrnan has testified to -- 1 Lobbying continues for campus HILL AIR FORCE BASE Although the woman had checked into the motel shortly before the shooting it wasn’t until May of this year that police asked her if she saw anyone that night Barbara Dalling of West Jordan testified Thursday she checked into the Motel 6 at approximately 8:45 pm While in the office she said she saw a young man near the vending machines In wasn't until May that invesngators contacted Dalling and asked her to look at a photo lineup "I remembered seeing some body but I didn’t think it had anything to do with this” Dalling said in 2nd District Court According to Woods Cross Police Detective Bruce Timothy an officer contacted Dalling’s family the night of the slaying and was told by another family member that no one had seen anything suspicious Timothy added he tracked down Dalling af- ter an informant reported that Rettenberger had made a statement that a “woman with kids” had seen him in the lobby However Rettenberger's defense attorney Todd Utzinger attacked the validity of Dalling’s testimony with a University of Utah professor who specializes in eyewitness identification David Dodd testified Dalling’s identification was very unlf years after likely the crime Dodd also indicated the other eyewitness testimony in the case was also questionable That testimony comes from Michelle Kelly who claims to have seen Rettenberger running from the office to a parked car Dodd testified it was likely too far too dark and too short of a time period for Kelly to see and remember Rettenberger's face Rettenberger’s defense attorney has threatened to take the case back to the Utah Supreme three-and-a-ha- Court over the eyewitness testimonies Utzinger made claims that the photo array presented to the two women tainted any identification they made “Mr Rettenberger's picture is so distinctive that it is functionally equivalent to having one black person with five white” Utzinger said of the six pictures arranged by police Although Utzinger admitted he exaggerated the differences he indicated he intends to take the case back to Utah’s highest court You can reach reporter Jacob jsan-tinior Santini at 776-49standard net (a Warmth of giving some time hope state lawmakers will get Officials WSU-Dav- is facility rolling By RUTH MALAN - There are 100 BOUNTIFUL acres along the Clearfield Layton border ready and waiting to be made into a new Weber State University campus and members of the Davis County Council of Governments are hoping legislators see fit to find money to begin building it "The infrastructure is in so we have everything necessary to build a campus” said Layton Mayor Jerry Stevenson during a COG meeting Wednesday where local government leaders met with state legislators to discuss the county's needs WSU’s current Davis campus is at its limit forcing the university to use classrooms in various area high schools Stevenson said Davis County is the only county in the state with a population greater than 50000 that doesn’t have some kind of college Davis county has a population of about 250000 and is growing "Students in Davis County are looking for four-yea- r degrees n There are only 17 classes in Davis County” Stevenson said The newly combined Davis Chamber of Commerce has a resolution in support of the campus being built "It's time to move on this” he said "It's our turn" According to Weber State president Paul percent of stu- dents are from Davis County while 40 percent come from Weber County "W ith the traffic problems on Harrison Boulevard it doesn't make sense to add to the Ogden Thompson said "We are essentially built out in Og- den" Jo lorihht correspondent Ruth lease a message at 1alan "6-495- 1 BOISE P'tss - An effort to s Fort Buenaventura closed for winter OGDEN - Fort Buenaventura State Park will be closed to visitors for the winter starting today During the closure which happens at this time every year park officials plan to renovate offices work on contracts for services and concessions construct new visitor center exhibits and do historical research Also a conference is ' scheduled in February with local and state historians to discuss the historical significance of the park and its impact on state history Park manager Bob Hanover expects the meeting to generate information that will guide the park’s future ' Utah State Parks and Recreation recently named Hanover as new park manager'-- ' Former park manager Steve Fielding retired this year after -19 years as the fort’s first and only manager As in years past Traders Row - a concession that sells items such as skins trapper-er- a ’ traps hides and clothes within ' the park’s boundaries - will remain open 10 am to 4 pm Saturdays throughout the reopen pre- serve rock climbing and create a new state park in south-central Idaho has congressional fund-i"- g and authorization for a land exchange conservationists report Simpson and recently allocated SsOO000 to pay for the exchange which should be completed by year's end said fund a climbing advocacy group Ac-ce- ss "This is a special area and the parage of this bill by Cone-ess truly represents a victory tor climbers" said Sam Davidson Access Fund policy 1 z commissioners are accepting applications to fill two seats on' the Weber Morgan Board of Health Terms for these appointments begin Jan 1 2001 and run for five years The board determines the '’ general policies for the administration of the Weber Morgan Health Department which offers programs and services for environmental health adult personal health maternal and child health and health education The board meets the fourth Monday of each month from 3 pm to 5 p m at 2570 Grant Ave Members serve without compensation but will be reimbursed for actual and necessary expenses in Applicants must reside Weber County and have an interest andor experience in public health matters One of the appointments will come from an incorporated area in the county For more Information contact the olflcn ot the Weber County Commission on the 3rd floor of tho Wolmr Center at 2380 Washington Hlvd or call 399 8401 Ottice hours are from 8 a m to 5 p m Monday through Friday - ' Furnace technicians provide free service for those elderly in need ' By LORETTA PARK Standard Examiner Dais Bureau ILLE - The clang KAYSV and the booms from the furnace gave Pearl Bishop peace of mind "I tend to worry too much about things” said the Kaysville resident Bishop sat on a rediner under an autumn colored ripple afghan "Definitely add it to your wish list for future climbing trips” The legislation authorizes the Interior Department to obtain the 1240-acr- e Castle Rock Ranch near the City of Rocks National Reserve The Conservation Eund owns the ranch Congress in October passed the Castle Rock Ranch Acquisict sponsored by Idaho tion Sen Larry Craig and Rep Mike April County seeks applicants for board OGDEN - Weber County Congress allocation may rope new climbing park "ve Assoc c WEBER COUNTY winter The park is scheduled to upper-divisio- 35 TH-13- T 1 Standard Examiner correspondent University Ihompson Santa Claus will visit the Hill Aerospace Museum from noon to 3 pm on Dec 16 Children of all ages are invited to meet him in the Lindquist Stewart Fighter Gallery and have their picture taken in the Helicopter Parents are encouraged to bring cameras Admission to the museum is free The federal department would then give the ranch to the state in exchange for about 500 acres of state land within the Hagerman Fossil Beds National Monument State officials may swap portions of the ranch for inholdings within the City of Rocks National Reserve with the consent of private property owners The trade would give Idaho land for a new state park allowing camping hiking and climbing on the unique granite rock formations as technician Andy Pustek worked on her furnace in the basement - for free The furnace had to be turned off for a couple of hours while he cleaned ie bringing the indoor temperature down a notch or two but Bishop didn’t mind Pustek an employee for Barlow Comfort Systems spent Thursday working on several furnaces older than himself “This is an original" Pustek said when he saw Bishop's furnace which was built in the 1950s Pustek inspected serviced and dd some minor repairs on the furnace that had kept B chop's home warm as she ra-e- d her three children Pus:eic was participating in a na:or-- i de day where service techrucians visited homes of serjor citizens and medically fragile homeowners to ensure their heating systems were operating safely and correctly during the cold months No matter how old or modem a furnace is Pustek recommends all homeowners install a carbon monoxide detector in their homes as well as check the filters once a month and replace them when they are dirty Pustek said with older furnaces like Bishop’s homeowners should have the pilot light checked and the soot cleaned off it Also the blowers should be cleaned out Shawna Norton Division of service Aging Services director said with the onset of cold weather many senior citizens tend to stay inside You can reach reporter Loretta Park at 776-49or lpark(a standard net LDS copyright Internet suit Couple to refrain from using Church Handbook for Instruction on Web site By RALPH WAKLEY Capitol Bureau StanCanJ-Examin- SLT Utah LAKE CITY - Rather than challenge a restriction on Internet users Mormon critics Jerald and Sandra Tanner have court-ordere- d agreed to settle a federal copyright lawsuit filed against them by the LDS Church "There's a whole bunch of people who are concerned about this" civil liberties attorney Brian Barnard said Thursday because of a ruling by Utah federal Judge Tena Campbell But the Tanners just wanted to get on with their lives he said The LDS Church last year filed a copyright infringement suit agamst the Tanners after they put 17 pages of the Church Handbook for Instruction on their Utah Lighthouse Ministry Web site The Tanners removed the pages but then put a note on their Web site referring to a Web site in Australia containing the entire 160 page handbook Campbell then ruled that posting of another Internet address which may contain copyrighted material “was contributory copyright infringement” Barnard said "This would have been a very dangerous precedent because that's how the Internet operates It's success is all based on links from one Web settled site to another” “It would have broad broad impact on the Internet community” he said If a person knew the library had a book that contained copyright infringements and he told a friend about the book he could be just as guilty as the book's author under Campbell’s ruling Barnard said Under the settlement which still must be approved by Campbell the judge would withdraw her order “That opinion which affected the rights of people that use the Internet had to be removed by an appeal or by this agreement” Barnard said The settlement requires the Tanners to refrain from using Church Handbook of Instruction information on their Web site or referring to other places where it can be found Both sides wall pay their own legal costs “I’m happy it's settled but I’m not happy with the terms" Sandra Tanner said And Jerald Tanner said “We have entered into this settlement only to end unnecessary prolonged and expensive litigation and not because we did anything wrong” The 17 pages of information the Tanners placed on their Web site explained bow Mormons tndd terminate their LDS Church memberships “Peopl e need to be informed that they do not have to be excommunicated” Sandra Tanner said Regional ‘Navajo Santa’ C seeking donations SALT LAKE Cl 1 V Navajo -- Santa an orgamnlion which brings food blankets warm clothing and toys to Utah Navajos is asking tor donations this holiday season Cash donations or blankets coats warm clothing and toys can be sent to or dropped off at Rowland Hall St Mark's Upper School 843 South Lincoln Stz (950 East) Salt Lake City 84102 attention Michael Yei ' Kenneth Maryboy chair of Navajo Santa dresses as Santa and distributes goods to needy Navajo families Navajos living on the reservation in Southeastern Utah have been some of the poorest groups in the United Sta'es Fifty percent of the 6 000 Navajos live in isolated-kxa'ion- s without electricity or -- water Navajo Santa is a non-prof- organization - 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