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Show The Salt Lake Tribune UTAH Wednesday, Chief Wants themto his patrol officers. Sheriff's deputies nowcarry .40 cali- Mayor Off ber handguns A change in rules 18 months ago allowed deputies to carry His Back long gunson duty, butonlyif they purchase them with their own @ Continued from B-1 Green plansto try again, prompting. him to seek the injunction in U.S. District Court for Utah. What's mystifying about last week's confrontation, Durrant said, is that Green has never explained his motives. “I’ve never pecn told why he wants to fire ” the chief said. “I’ve never Te insubordinate. That’s why ee cannot give you a single example. In August 1996, the entire police departmentfiled a still-pending federal suit against Green and two other city officials complaining that the mayor had a grudge against the department and demanding that he lift a gag order preventing officers from making public statements. That set the stage for an un- precedented year of divisiveness in the city's government, beginning with Green’s first councilblocked attempt to fire Durrant in February. In May, a special coun- cil meeting wascalled to discuss the mayor's conduct, and several residents called for his resigna- tion. Earlier this month, Council- man George Brown, the mayor's lone defender on the council, was charged with disorderly conduct after a July incident in which he allegedly browbeat and threatened city employees. Given thatfour of the city’s five councilmen are adamant that Durrant be retained, the chief's fate ultimately could rest upon money, said Potter. Of the dozen or so deputies initially on the scene at the Lovato house, only Magleby had a long gun — an AR-15, Annexation Won’t Fly, Says Councilman @ Continued from B-1 the Jordan River It would bring some 1,200 new students to the Murray School District and add morethan 3,500 apartment units that presently account for a high crime rate, critics say. “Myconcern is that bigger is not better,” Young said as the protesters mustered forces at MurrayPark, about a block south of City Hall. “If you are a politician, you want growth, power and money. If you are a homeowner, you just want a nice place to live.” Despitethe setback the petition created for pro-annexation forces, the city is forging ahead ahead,” Wardsaid. “Thefact that the city extended its own deadline indicates that. I’m sure there are good folks passing thosepetitions funds that were spent to get the petitions ready and the drive go- “Thavegiven the exact same legal advice to both factionsof the city government. Obviously, they are going in two different directions.” Durrant also has sought legal advice on the issue and is confi- dent the mayor cannotact without the council's consent. ing When the protesters reached City Hall, they took their signs and chants inside as Council Chairman Lynn Turner Stee ed to present an award ing the efforts of Miss Murray 1997, Stephanie Klc. “That's enough!” Turner shouted. He ordered police Sgt. Craig Burnett to close the doors to keep the chanting demonstrators from further disrupting the proceedings “This is a public meeting,” one man shouted back. “You can’t throw us out. You'll haveto arrest Sister Says Shooter Was Just Confused me.” Turner told them they could attend if they remained quiet and put their signs down. @ Continued from B-1 “Td rather leave the room,” one manshotback. “Thank you,” Turner replied. About an hourlater, anti-an- Lovato house at 7:15 p.m. Monday to give him the paperwork, and Lovato reportedly came to the nexation representatives aired their grievances to the council. “We should probably can this idea now and in the future,” Jeff Squires said. doorwith his SKSrifle. Lovato seemedto have been un- Donald R. Patton and Chad A. Soffe were on hand to reject the proposed annexation, as was John C. Rush, a candidate for Council District 4 “You have constituents to serve,” added David Lewis, who Chemical Foundin Alliant, Kennecott Wells @ Continued from B-1 Under the improved perchlorate tests, performed in August Alliant’s scientists found the chemical’s levels to range from4 ppb to 200 ppb beneath Alliant property. In Kennecott’s wells,in the area of 2100 South and 7500 West, perchlorate levels averaged 13 ppb, which is belowCalifornia's said Bill Williams, Kennecott’s safety director. “Now that [perchlorate] has what's happening in that aquifer before we put people into that (drinking water] system.” Alliant has committed to moni- tor groundwater regularly on and off its property. will use the data to State officials 7 are is getting worse or spreading into municipal culinary sources, said Kevin Brown, director of the Utah Division of Drinking Water. “If we look like we're going to exceed the California health standard, we may set the same standard and then require some treat- ment on those wells that are contaminated,” Brownsaid. Though perchlorate levels in Kennecott's decades-old drinking water system are currently below the California health standard,it is not known whether that always has been the case. Perchlorate contamination could have been moreserious years ago. Despite the uncertainties, Alliant’s testing for perchlorate contamination and notifying the public of the findings have earned it the praise of state environmental regulators, “Alliant really is trying to be a good neighbor. They have identified the problem. and are trying to do what they can to resolve they were only there to deliver the court order. They asked him to drop the rifle. TheSal{Lake Tribune After an hourof talk, Lovato lease the documents that sealed and makean assessmentas to how to proceed,” Mayor Deedee Corradini’sgifts. Tuesday, the Utah Supreme “This is a good step for us. This. means that the state must openly justify closureandgive the public it,” said Brown. http://www.sltrib.com a chance to say no to government by secrecy. The burden is on the said the newspaper could not prove a compelling need to see the documents and did not have the right to ask district attorney.” Utah's Investigative Subpoena Powers Act allows district and But SupremeCourt justices dis- agreed. said Michael O’Bri- en, attorney for Kearns-Tribune Co., publisher of The Tribune Court reversed 3rd District Judge HomerWilkinson's June decision to deny The Salt Lake Tribuneac- county attorneys and theattorne’ Chief Justice Michael general to conductcriminal investigations with court-issued sub Zimmerman wrote Wilkinson erred on both issues. poenas. The investigating attorney must show good cause for the investigation and justify the sub. poenas. The prosecutor can apply “Ordinarily, the public has no right to access the district attorney’s records regarding a criminal investigation,” Zimmerman wrote. But “the Investigative Subpoena PowersAct presumesthat for a court ordersealing the ap plication and good-cause statement, subpoenas and any docu: the court records generated pur- ments obtained during the suant to it are opento the public.” The justices determined The investigation, but the applications for secrecy cannot be sealed, the Tribune did have the right to study the documents and the dis- justices said trict attorney would have to de- So Wilkinson and Gunnarson will haveto turn overapplications fend keeping the paperssecret The court’s decision does not mean the entire Corradini file ders. The good-cause statement must be made public. Only the and subpoena documents will re- for secrecy and the secrecy or- main sealed In March, the district attorney cleared Corradini of wrongdoing for accepting $231,000 in gifts and loans. He said heiss' 5 subpoenasand interviewed more than 70 witnesses — the case filled 15 file drawers with paper But Gunnarson would not disclose details of his investigation, citing the secrecyorderhe said Wilkinson signed two months earlier Gunnarson defended thesecre. cy. saying the reputations and businesses of the donors and the jobs of city employees would be jeopardized by disclosure Wilkinson referred The Tri bune's attorneys to Gunnarson Tuesday ‘TheDistrict Attorney's Office shall release the investigative se crecy application to Kearns-Trib. une.” Gunnarsonsaid in a news release Tuesday, But thedistrict attorney claims he has a few weeks to respond to the Supreme Court ruling. The Tribune first ed Gun- narsonto releasethesealing doc- uments in April. He refused and the case went to court. In June. Wilkinson issued his ruling. The Tribuneappealed. Andin August, the Deseret News filed a “friend of the court” brief in support of The Tribune. Williams Loses Suit, Scores ‘Moral’ Win BYLINDA THES, our employees,” Williams said. claimed the majority of Murray residents opposed the annexation. suddenly started shooting. The police rushed for cover, but one bullet caught Lt. Steve Alexander must be released. “All we've ever asked for was an explanation of why secrecy was necessary. We'll get that now his investigation of Salt Lake City been detected, our first concernis “And then we needto understand der the impression that the police had come to take him to jail, said sheriff's Sgt. Rod Norton. Depu- ties tried and failed to tell him documentsrelating to its sealing THE SALT LAKE TRIBUNE Salt Lake County District Attorney Neal Gunnarson has to re- cess to the papers. Wilkinson had cided to take precautionary measures to protect its employees, around but it was Murray City privilege, Bennett refused to divulgehis interpretation, but said, controversy. Mayoral hopefuls movement. “These groupsarestill moving nizer of the anti-annexation BY REBECCA WALS Added Raymond West: “It's not in an already crowded school system.” Robertson was by no means the only candidate addressing the 24, 1997 b Utah High Court Orders Gunnarson To Reveal Probe’s Sealing Papers wise to dump 1,200 newstudents long resident John Ward, an orga- pretation of whether the mayor hassuchfiring power. City Attorney Kevin Bennett tion and provided both sides with his opinion. Citing attorney-client School District where, in spite of increasing numbers, the children test well and get a good education. health standard. But because of uncertainties about the extent of the contamination, Kennecott de- with the annexation,claimed life- state statute, and a court's inter- has researched the crucial ques- Lori Beckstead said she was embarrassed by the crowd's unruly display but as a parent, “I personally don’t want to see any more students” in the Murray LT LAKI TIN RIBUNE J.D. Williams has sufficient standing to sue S; alt Lake County for canceling an election on government reform, a judge ruled Tuedsay. But in the end, the retired political science professor’s legal arguments did not stand up in court. Third District Judge Frank G. Noel rejected Williams’ claims that the Salt Lake County Commission actedillegally when it reversed an earlier decision to puta chi nment proposal before voters. Although the resolution was labeled “final.” that does not supersede the commission’s right to rescind it, Noel ruled. “The powerto reconsider is inherent in the power to decide,” the judge wrote. He addedthatallowing lawmakersto changetheir is important to the proper functioning of lo- cal governments and other legislative bodies. And if residents do not like it, he said, they can expresstheir opinionat the ballot box — just not as soon as Williams and his lawyer had hoped. Undera proposal endorsed — then rejected — by commissioners, residents would have voted Nov. 4 whether to exchange the three-member commission for a nine-member council and an elected “mayor.” “My goal was to give the county electorate a chance to look at the plan and make a decision,” said Williams’ attorney, John Preston Creer. “1am disap- pointed they will not get that opportunity.” Ata hearinglast Friday, Deputy County Attorney Gavin Anderson arguedthat his former University of Utahprofessorhadno right to sue the county. But Noel granted the 71-year-old DemocraticParty stalwart standing because “the issues are unique and of such great public importance that they should be decided in the furtheranceof the public interest.”” Williams took comfort in those words and said he probably will not appealthe decision “Just as Gavin cut me off at the knees, Judge Noel restored them,” Williamssaid. “I had myday in court. Andthe fact that the judge said I had standing was a wonderful moral victory.” Williams added that even if the judge had ordered the election to proceed,it is unlikely supporters could have mounted a successful campaign in just five weeks. Perhaps that’s just as well, he added. “This reform would have gone only partwayto correct the problems in county government,” said Williams, a proponentof a countywide metropolitan government. “Myposition for nowwill be to watch and see whatkindsof reformproposals comeforth, but I care about this county andI intend to remain involved.” Man Wants Murray City Council Prayer Case Reheard Snyderandhis attorney Brian Barnard, are now seeking a rehearing before the entire court, ruled the city’s rejection did not violate his right to free exercise of notallowedtopray before a Mur- judges can ask for a vote on Finding Snyder's prayer con flicted withthecity’s legitimate prayer, which decried politicians who mix religion and govern- to reconsider, it can ask for new Tom Snyder wants a second chance to convince a federal ap- peals court his constitutional rights were violated when he was ray City Council meeting Snyder sued the city after his ment, was rejected in 1994. The suit was dismissed by U.S. District Judge J, Thomas Greene, and a split panel of the 10th U.S. Circuit Court of Appeals upheld the dis- missal earlier this month which has 14 judges. Anyof the whether to rehear the dispute Barnard said. If the court decides legal briefs or oral arguments, or can review the documents already filed, he said Majority Judges Paul J. Kelly and William J. Hollaway said Snyder had no guaranteed right to pray before the meeting, and religion motive to support. civili thoughtfulness, the major found therejectiondid not violate the constitutional ban against government establishing religion Judge MaryBeck Briscoedissented on that point, arguingofficials should not judge or censor prayers in the back of the head. Another round thwacked through a car and nicked Deputy Mike Quintana on the temple. Sgt. Jim Potter and Sgt. Steve Rowland draggedthe bleeding Alexander to safety, while Officer Brett Magleby produced rifle andshot out thestreet light to rob Lovato of someofhisvision. “Officer down — he’s been shot in the head!" one deputy barked into the radio, “Get me SWAT and get them now!” Lovato retreated into his house and spent the next hour screaming and popping awaywithhisri- fle outside the windows. Onebullet flew across the street and penetrated a neighbor's closet. ‘It would appear he wanted a confrontation,’ said Sheriff Aaron Kennard. ‘He was not about to You're invited to a live demonstration of today’s high efficiency furnaces. Many brands and models hooked up and running. Mon-Fri 8:30-5:00 Manwill= Plumbing & Heating L.C. 385 E. 3900 South MEMBER, ROCKY MOUNTAIN GAS ASSOCIATION FREE IN HOMEESTIMATES Health Fair & Spinning at CRC! FREE HEALTH EVALUATION Blood Pressure ¢ Heart Rate Body Fat Cholesterol 262-4671 SATURDAY, SEPT. 27 10 A.M. TO 4 P.M. surrender his house.’’ But despite Lovato's provenin- tent to shoot officers, sheriff's deputies were never planning to end thescenario by shooting Lo- FREE INTRO TO SPINNING A great workoutforall levels! vato, Kennardsaid “Wedidn’t want tokill himand we didn't want him to kill himself. There's a better way,” said Kennard, “It's fru trating to usthat it ended this Montoya believes the SPINNING SCHEDULE: AFFORDABLE LUXURY ULTIMATE LUXURY 012297 police 012304 © could have saved her brother's life by backing away from the house and letting himget over his anger. The heavy police presence only fueled Lovato's senseof his worldcollapsing around him, she said “Every couple has their fights, and they should havejust let him alone,” shesaid, “Thepolice blew it out of proportion.” Kennard thinks differently, For NATURE LEASE 36 soe Customer Duwn Pay dale Securlty Deposit Acaon iim, the incident underlines the need for officers to pack even morefirepower than theyalready do. ‘The sheriff says he is planning to obtain hundreds of surplus M\16 rifles from the Army and issue Sat is 36 eon wn Pay SecurityDeposit Awan Pee SIGNATURE LEASE $629 36 month Down Payment Security Deposit 262-5500 159.1 $SOUTH ST aD, MY RRAY U il AH MONDAY-SATURDAY, SEPT. 22-27 Mon-Thurs * 8:30 and 10:30 a.m., 4:30, 5:00 and 6:30 p.m. Friday * 8:30 and 10:30 a.m. Saturday * 10 a.m, to 2 p.m, non-stop! Cc R Cc Membership SPECIAL OFFE Save up to $150 when you purchase your winter membership in September! 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