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Show The Salt Lake TribuneUTAH Saturday, April 10,1999 Plea Bargain Means Rape Suspect Will Not Serve Time W. Jordan man pleads guiltyto attempted forcible sexual abuse in case of woman who wenthomewith him his client. “He won't have any problem keeping his nose clean for three years. A West Jordan manfacing a second rape trial for attacking a woman he met at a bar has pleaded guilty to a lesser charge. In exchange for Rick P. Gelhart’s plea to third-degree felony attempted forcible sexual abuse, he will not serve time behind bars. In addition, the plea will be held in abeyance and dismissed in three yearsif the 42-year-old long- haul trucker stays out of trouble. Also,as part of a deal worked out by the prosecution and defense, Gelhart mustobtain a psychological evaluation and complete any treatment recom- mended He mustalso write a letter of apolo- gy to the 35-year-old victim. “It was an offer he couldn't refuse,”” defense attorney Loni DeLandsaid of Ql 4-10 ‘e-mall:CLOSETOHOME@COMPUSERVE.COM "Before you say a word, answer methis: How would youlike to never haveto deal with viction on his record.” Prosecutor Marsha Atkin said the resolution spared the victim the trau- maofa secondtrial. She added that Gelhart faces up to five yearsin prison if he fails to comply with conditions of the plea in abeyance. In December, a jury convicted Gelhart of first-degree felony rape, punishable by upto life in prison. But 3rd District Judge David Young set the verdict aside, saying the victim’s manner of testifying had violated Gelhart’s right to a fair trial. The victim would not answer ques- tions that should have been answered or “no” without adding any ex- planations, according to DeLand, who said he objected dozens of times during the woman's testimony. Judge Young sustained every objection and bed. Atkin said the woman felt help- times to limit her responses. In particular, the judge identified the woman’s reference to a statement Gelhart purportedly made about recently having sex with numerous wo- survival mode” also admonished the woman numerous And afterward, there will be no con- men. A second trial had been sched- uled for Tuesday before Young Gelhart and the woman met Oct. 4, 1997, at a nightclub. An interior deco- rator, the woman agreed to go with less “She went into and decided to “do whatever she needed to, to get through the night,” Atkin said. f As partof the plea negotiation, Gel- Gelhart to see his new homeand fur- hart admitted that when the woman nishings. At trial, the woman admittedflirting with Gelhart and kissing him. But when the kissing progressed to fondling, she told Gelhart she did not said, “We're going too fast,” he should have stopped rather than slowed down, according to DeLand. wantto have sex, she said. Gelharttestified the woman never unequivocallyrefused to have sex. Atkin said the womanceased to re- sist once Gelhart pushed her onto the Medical evidence presented attrial showed the womansuffered genital trauma consistent with rape. DeLand claimedit wasalso consistent with prolonged consensual sex, although He called no medical experts. ’ It Was WeatherFit Only for Polar Bears A familyof them. Fans, including one from far away, greet newpolar cubs door-to-door salesmen again?" FOR THE RECORD BY JOHN KEAHEY THE SALT LAKE TRIBUNE LIFE WITHOUT PAROLE? A judgeis considering whether two of six men accused of animal-rights terrorism should beeligible for life sentences. AndrewN. Bishop, 34, of Ithaca, N.Y., and Sean Albert Gauschy, 23, of Salt Lake City, could be sentenced to life in prison without parole because they are charged with setting off four separate bombs at the Fur Breeders Cooperative in Sandy on March 11, 1997. On Thursday, lawyers for Bishop and Gauschy asked U.S. District Judge Thomas Greene to exempt the men fromspendinglife in prison. Prosecutors claim Bishop and Gauschyplanted pipe bombs in four company trucks while Douglas Joshua Ellerman and Alexander Dayid Slack destroyed the co-op’s offices. If they are convictedof at least twoof the allega- tions, Bishop and Gauschy could receive life sen- tence. The issue, defense attorney Fred Metos said ‘Thursday, “is whetherthere was a single event or mul- tiple events.” Metos claims the bombingshouldbe con- sidered a single incident “and it should bea single charge” of using an explosive device during a crime rather than four separate bombs. But prosecutor Da- vid Schwendiman arguedthat exempting the two men would mean people charged with multiplecrimes such as drug deals could alsoclaim they only committed a single crime. Greene took the arguments under advise- mentand said he hopedtorulebeforethe end of April It was polar bear weather Friday, and Kathleen Kerns — fresh off the train from Prospect Park, Pa. — was ready. She unloaded her camera — the one she has hauled to the frozen tundra of Manitoba, Canada. everyyearbut onesince 1991. Plus shetookit on a trip last year to Alaska — allin searchofbears She leaned across the waist-high chain-link fence at Hogle Zoo's polar bear exhibit and waited with a dozen or so employees and zoo donors — the only people in the snow-covered park Friday It wastheprivate unveiling for donorsandstaff of the two cubs, born last Thanksgiving. Thecubs and their mother will be unveiled to the public todayfor 30 minutes at 9 a.m Hogle’s cubs are one of only two pairs in the United States. Polar bear cubs at Denver's zoo won't be on exhibit until later this month A few months ago, Kerns had never heard of Hogle Zoo. A friend who works with her on the staff at SwarthmoreCollegetold her about the Utah births. Another friend sent her a picture, shot by Salt Lake Tribune photographer Rick Egan in February and reproduced in a Cape Cod newspaper. ‘Thatpicture, showingthe motherbear with a protective paw aroundoneofthe diminutive cubs, has become The Tribune's most requested photograph The newspaperhassold morethan 2,100 prints nationwide. Kerns called Hogle Zoo. She was told the cubs SENTENCED FOR EXPLICIT POSE would beintroducedto the public in April, so she planned a Utahvacation husband while 3-year-oldchild was present has been sentencedto twoyears’ probation. Darlene AnnCurtis, Then she heard about the members-only unveiling. That would give her a few hoursof watching the animals. If she waited for the public unveiling, she A womanphotographed in an explicit pose by her 24, ofSt. George, recently pleadedto attempted deal- ing in harmful material to a minor, a class A misdemeanor. Fifth District Judge G. Rand Beacham on Thursdaystayedhersentence, basedona presentence report. If Curtis successfully completes herprobation wouldonly have 30 minutes. became a member. ‘Expect me,’ I told them Shewas not disappointed “T've never seen cubsthis youngbefore,” said the past decade I can’t explain it,” she said about her passion for bears. “I guess I'm an eccentric.” All she knows is that she finds herself nearly 2,000 miles from home after a three-day train ride. Sunday, at 5:20 a.m., she will climb on an eastbound train for another three day ride back home tis’ computer. Lee Curtis, 29, is charged with three sureon cue, like apair ofkidsonice, slipping, slid- lowish-beige, boundedout into the snow-filled enclo- around thetrailer. With them werearctic foxes that follow the bears and clean up the remains of their seal kills, What ledto the passion? Nine years ago, I was in acar hit by a druak driver,” shesaid. “I was hurt badly, my leg was mapgled. I was sitting there waiting to die andI realized 1 had never been to Churchill in Manitoba to see the bears there — orto Alaska. I recovered. When I was able, I madethe trip. I've been going back every year stormandcold temperatures, wasa bit more hospi table than her trips elsewhere. Sherecalls sleeping The still-tiny pair, now nearly 50 pounds each their soon-to-be-pure-white fur still a newborn’s yel countsofsexual exploitationof a minor, and dealing in ing and banginginto their protective mother. woman who has seen hundreds of the bears over the At least Salt Lake City, despite an April snow I called the zoo. gave them myVisa number and she won't be sentenced, Beachamsaid. Police arrested Darlene and Lee Todd Curtis in September. Officers allegedlyfoundexplicit photos of children on LeeCur Rick Egan/TheSalt Lake Tribune Kathleen Kerns rode the train from Pennsylvania just to be in Salt Lake City to see the Hogle Zoo's new polar bear cubs, which were shown Friday to zoo donors and staff members. since, especially when I found out I could take Hie train 1 amafraid of flying,” she added in a special vehicle on the Canadian tundra with a Afraid, that is, unless she has a chance to see broken heater and the highest (emperaturein the bears, or timber wolves, or arctic foxes, upclose I haveclimbed into small planes to see the bears roombarely topping 32 degrees Outside, the wind was howling, rocking thevehicle fromside by side, as polar bears sat in acircle on theice near Hudson’s Bay and wolvesin Minnesota. But that’s it. That's whereI drawthe line harmful material to a minor. Police Say Body of Colorado High School Student Had Been Shot Several Times CHARGE OF LEWONESS A 59-year-old man was chargedFriday in 3rd Dis trict Court with lewdnessinvolving achild for alleged ly masturbatinginfront of a 13-year-old boy. Theclass A misdemeanorcarries with it a possible year in jail The suspect admitted committing the lewd act, but “said he was doingit merely for educational purposes at the boy's request,” 3rd District Court according to documents filedin The body of an 18-year-old Colorado beenshot several times. His body was discovered at 10 am. Friday on the passing motorist Friday morning near Monticello. Police have declinedto release the Ucolo road about 100 yards north of Highway 666 and 17 miles east of Monticello. TheSan Juan County Sheriff's Office high school student was discoveredbya nameof the victim who hadapparently has identified the victim as a Dove Creek High School senior. As of Friday night, his namewas not released pend. ing family notification is with the sheriff's office de clined comment Friday night and at tempts to contact San Juan County Sheriff Mike Lacy were unsuccessful, Apress releasesaid the investigation is continuing and a sheriff's dispatcher said more information wouldbe forth coming today Ruling in Navajo Trust Case Puts Utah on Defensive State faces potentially millions ofdollarsin liabilities for mismanagementofoil-and-gas funds to produce documents BY PAUL FOY THE ASSOCIATED PRES: Likethefede case Utah’s 7,500 Navajos claim they have been cheated ontheir trust Someof the money was used to build a Lake Powell marina destroyed in a flood. Other money was spent on ill-conceived and failed business ventures and payoffs andbribes. Now, a federal judge has ruled Utah poten tially liable for decades of apparent misman agementof an oil-and-gas royalty fund set up funds. Utahis the only state that manages In. dian royalties, a duty Congress delegated in 1933 when it expanded New Mexico's and Ari zona’s Navajo reservation into southeastern Utah. Oil and gas drilling begantherein 1955 over the objections of many Navajos. Since then, supervision of the Navajo Trust by Congress to benefit Navajo Indians in southeastern Utah ‘The decision couldleavethestate vulnera- Fund has bounced fromonestate agency to another, leaving records spotty or nonexis tent, Some funds were never invested while ble to a judgment of up to $100 million if the Navajos can provetheir case, says a lawyer in the class-action suit filed against Utah in 1992 others were squanderedon bad business deals and “thievery,” Barnard said. The state audi tor documented the abuses in 1991 Friday that no statute of limitations applies to the case. State attorneys hadtried to limit office in Blanding under a “sweetheart” lease deal, Barnard contends, in one of many deals U.S. District Judge David Samruledlast Sam's analysis of the trust fund to 1988 atthe earliest. The decision means Utah will have to pro vide a complete accounting of the $62 received or earned bythe Navajo Trust Fund between 1955 and 1991, rs took over when professional By then, the fund had dwindiedto $12 mil- eepiian Barnard, a lawyer for the Nava) to the said ithe case is “shockingly similar’ ld mishan federal government's century-o That dling ofbillions in Indian trust accounts. Secretary case in February landed Interior for failing Bruce Babbitt in contempt of court Utahitself took trust money tobuild astate marred he by conflicts of interest Barnard believes that properly managed. trust fund should have accumulated $100 million by 1991 thewelfareof with payments madefor Navajos The lawyer plans to argue that Utah, as the fund's trustee, violated a special fiduciary ob- Vicki Varela, the governor's spokeswoman, said Wednesday, “We'll moveit forward in the most productive way we can fices werestill studying the court decision FREE VACCINATIONS ‘ot opposedto settling,” said Assis. tant Atty. Gen. Valden Livingston, adding that the litigation thus far has established the Na. vajo’s right to sue With Full Examination andthescopeof theclaim Livingston argued that federal law placed Monday through Friday 11 am - 3 pm Through May 30, 1999 no special obligation on Utah to properly in. vest the Navajo royalties, Rather, Utah had only to see that the money was spent onreser vation roads, health care and “tuition of In dian children at white schools,” he said, read ing from a federal statute. The stateis holding 750 boxes of documents relating to the Navajo Trust Fund, and state officials say the Navajos’ lawyeris welcometo Bring this coupon" to either VCA All Pet Animal Hospital Location Sandy 572-4600 go through it Dr. Tim Kirkland Dr. Doug Taylor quick look. He found‘no semblance of order to the records, which include glowing press releases, skimpy annual reports andlittle that Taylorsville 966-4700 !t9% But Barnard said he has already taken a ligation to Navajos andshould make up for was relevantto his case Thestatewill be hard-pressedto provide an thelost earnings accounting of the In 1997, Gov. Mike Leavitt said an out-of court settlement of th was best for Utah. But he waited to measure thestate's potential liability, leaving him opento criticism of pos: turing Our ommitm t to work it out remains, ® jay and hadnodirect comment onit trust fund, after another” Dr. John Huff Dr. Brett Neville * some restrictions apply, call for details, Must bring coupon. to delay thelawsuit, now Th attorney general shouldbe calling any minute now to talk about a settlement Bar nard said. “I'm not holding my breath. www,sltrib.com | ay CC Ce ee 1 | Full content of The Salt Lake Tribune is available daily on the Web. | r + said Barnard. accusing thestate of throwing up “one road block ~ | | 3.00 Ams DOG FOODS | off any 15 pound of larger bag of any JAMS or Eukanuba product. I {| i oe ow oe a es etrt ee ee soe ae ol t ) POOR Ct |