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Show The Salt Lake Trifune UTAH Tuesday, November16, 1999 _ Evidence MissingFromnPolice Inventory Audit Says Property Seizures Justified BY RAYRIVERA THESA LAKETRIBUNE @ Continued from B-1 Utah's forfeiture law gives police authorityto seize vehicles, property, cash and weapons used incriminal activity, but it primarily is used in cases involving transporting, makingor selling illegal drugs. Auditorsarecalling for stricter controls over how police and prosecutors spend and account for seized assets. The auditors foundisolated incidents of cash, drugs andother property missing from the evidence roomof the Pleasant Grove Police Department. Another agency, Davis County's MetroStrike Force, was spending seized cash before it had been properly ruled forfeit bythe courts. Amongother recommendations, the auditors suggested each county attorney assign a single deputy countyattorney to oversee all forfeiture cases. The auditors also recommended that the Legislature place a cap on the amountofforfeiture moneypolice agenciescaninject into their budget; the remainder would go to the state Commission on Criminal and "Geez, | guess you didn't hear! While you were away, everyonein theoffice kicked in for some lottery tickets and wehit it for $84 millioni" FOR THE RECORD COUPLE WANTLDS SUIT DISMISSED LDS Churchcritics Jerald and Sandra Tannerare asking a federal court judge to dismiss a lawsuit claiming they violated copyright laws by posting parts of a Mormon Churchhandbookonthe Internet. Their attorney, Brian Barnard, said the lawsuit should be dismissed because the church has never claimed it has a copyright on the 17 pages of the Church Handbook of Instructions that the couple posted on their Web site. “If there is a copyright Juvenile Justice. That restriction would help prevent agencies from using forfeiture funds to pay for departmentwide expenses. Theforfeiture law says seized funds can only be used for the enforcement of drug laws and notto supplant an agency's normaloperating expenses. Anotherimplication of the proposed cap is that limiting the funds an agencycan/receive from forfeitures would curtail any temptation to abuse the powerin order to supplement budget shortfalls. But police agencies are already objecting, saying the moneyis necessary to continue drug-fighting efforts in years when seizuresare low. A joint drug task force for Weber and Morgan Legi are calling for an investigation into the disappearance of evidence, including cash and large quantitiesofpills, from the Pleasant Grove Police Department, A report released Monday by the Legisiative Auditor General outlined a number of problems with the department, dating back to 1990 and involving mishandled funds and pilis recovered in drug cases. TheLegislative Audit Subcommittee immediately asked that the material be turned overto the At- torney General’s Office for further investigation. The Utah County Major Crimes Task Force discovered that items were missing from its evidence room in early 1998 andinvited the Utah County Sheriff's Office to conduct an inventory. ‘Thatinvestigationresulted ina report identifying six pages of cases with missing items, the au- ditors found. The PleasantGrove City Police Department has determined that some of the items reported missing wereactually theresult of poor record keeping. But admin- istratorsstill have been unable to say what happened to many ofthe “SomePleasant GroveOfficials suspect that former members of. the task force may have taken the items,”the auditreport said. Also unaccounted for was $1,900 in cash,the auditors said. The task force believes there are two cases that accountfor the prescription painkillers. Blackhurst’s attorney did not return phone messagesleft Monday, nor did Pleasant GrovePolice Chief Tom Paul. Pleasant Grovepolice Lt. Steve Clark, who now heads thetask The auditors also had ques- tions about two checkstotalling more than $3,400. The money came from the sale of seized force, said the agency's problems have been corrected. “It's a completely differenttask force now,” he said. “The last thing I want is for there to be a chemicals and lab equipment to a chemical company in Orem. One check for $2,612 was en- perception that Utah County hasa dorsed by the task force’s former director, who though not mentioned by namein the report was half of all the money seized in Utah’s drug-related cases that year. But mostof that camefrom onedrug Theissue is sure to be a sore point at hearings bust,” said Roy Police Chief Chris Zimmerman. only person familiar with the other bank account, but did not return the auditors’ telephone inquiries. at the crime scene. In the other, the task force said the cash may not have been counted correctly whenit wasseized. Neither explanation could be verified, auditors said. “Wecould go yearafter year without not enough moneyfor the strike force, and then just have one big Audit supervisor James Behynin said the formerdirectoris the Blackhurst, a former Pleasant Grove police lieutenant, pleaded guilty in federal court earlierthis year to unrelated charges ofille. gally buying tens of thousandsof missing money. In onecase, the money appears to have been sealed in an evidencebag andieft bunch of people who don’t knew what they're doing.” during the 2000 Legislature, which convenesin January. Rep. Bill Wright, R-Elberta, introduced a bill last year that would haveplaced tighter controls over assetforfeitures. Thebill was notputto a final vote, but did promptthe audit. Suspect Who Died Following Restraint Possibly Suicidal somewhere{on the material], then we do not know about it yet,” said Barnard. Instead, according to Barnard, the church in its courtfilings has indicated the handbook is a compilationof earlier works. International Reserve Inc., the corporation that holds the church's intellectual--propertyassets, sued the Tannersin early October for posting the materials that describe church disciplinary procedures. IRI and the Tanners’ attorney are scheduled to argue the issue Thursday before U.S. District Judge Tena Campbell. BY KELLY KENNEDY THE SALT LAKE TRIBUNE Q WOMANBOUNDOVER FOR TRIAL A man whodied after being hog-tied by three Weber County Sheriff's deputies may have been suicidal, says a report released Monday by the department. Glen Lutz's wife has accused deputies oftying up her husband after he was unconscious, not helping whenofficers realized he was gaspingfor air and causinghis death by tying him so he could not breathe. Her lawyer, Loni DeLand, said the family is considering a wrongful-death lawsuit. But in supplemental reports written by theofficers involved in the case, police say Laurie Lutz told them her 44-year-old husbandhada history of depression, that he was havingdifficulty dealing with her request for a divorce and he hated the police. In the report, Deputy Steve Haney said he asked Laurie Lutz why her husband might haveresisted arrest. He said she responded, “He probably FormerHelper City Recorder Sandra Baird has been boundoverfortrial on 17 counts of misuse of public funds. She is charged with using city money for her own use over five years, ending in 1998. Charges range from a personal $9.50 gasoline purchase to unauthorized pay rais: s amounting to several thousanddollars. Trial dateis set for April 17. Seventh District Judge BruceK. Halliday bound over Baird onall chargesafter a preliminary hearing Fri day held in Price. Q CHANGE OF VENUE ALLOWED Thetrial ofa manaccusedofkilling a couple and then blowing up the bodies will be moved to Heber City. Prosecutorsand the defense agreed that pretrial publicity would make it difficult to seat an impartial jury in Duchesne County. JohnR. Pinder'strial has been moved to Heber City in 4th District Court. Eighth District Judge John Anderson approved the changeof venue Monday. Thetrial is tentatively set for Jan. 10. Pinder, 41, is charged with homicide and lesser offenses in the shooting deaths of his ranch workers Rex K. Tanner, 48, and JuneFlood, 59. Last week, ranch handFilomeno Valenchia-Ruiz pleaded the auditorssaid. What happened to the money after that is a mystery. involving a pharmacyburglary. bust. ited at a separate bank from where Pleasant Grove City had keptits other accounts. The other check, for $881, apparently was cashed, missing items, including a large quantityofpills taken from a case cash, property andvehiclesin fiscal year 1999, almost counties, for example, seized more than $310,000 in Michael Blackhurst, and depos. th Hogsten/The Salt Lake Tribune Honoring the Warriors wanted youto shoot him.” On Oct. 16, Haney stopped Glen Lutz at2:23 a.m. on suspicion of drunken driving. In supplemental reports, Haneysaid Lutz blew cigarette smokein his faceto provehis breath did not smell like alco- Lt. Col. Sam Metzler, son Mike Metzler andfriend Braydon Mahoney were among dozensvisiting Fort Douglas Military Cemetery to participate in the German National Day of Mourning,or “Volkstrauertag.” hol. The deputies said they found onefull and one der, his boss. Prosecutorsallege Pinder and Ruiz took Haneysaid Lutz acted nervous whenthe deputy Oct. 25, 1998, shot them and blew up their bodies in an Advisory Commission Recommends did notfind any warrants, but whenhe returned to guilty to reduced charges that will death penalty. Heh spare him the reed to testify against Pin. the victims to Pind Membersof the Germanair force stationed atHill Air Force Base took part in the ceremony on Sunday. Duchesne County ranch on attempt to hide the evidence. Ruiz sentencedto two concurrent termsof 5 years to life UW JUDGE DELAYS SENTENCING Ajudge has delayed sentencing a man accusedof Utah, Juab Cqunties Get CUP Water Straw killed another mannearly 20 years ago. Kevin BY BRENT ISRAELSEN THE SALT LAKE TRIBUNE Mortensen, a 43-year-old truck driver from Pleasant Grove, was scheduled to be sentenced after pleading both second-degree felonies. He beat Straw to death with a bat. But 4th District Judge Steven L. Hansen ordered an investigation into rumors that w had killed one of the judge’s former clients. “It might bring into mind whetherI should continue this case,” said Hansen, a former defense attorney, “It could possibly raise whether or not L have a bias.” In an attempt to yain leniency for Mortensen, attorney A state advisory body has recommendedthat the Legislature continue to support the idea ofsending Central Utah Project (CUP) pr to farmers in southern Utah Count id sa County The State Water Development Commission on Monday voted to reaffirm its support for a tempo rarily shelved scheme that would deliver 127,400 acre feet of CUP water to those counties as part of the “This [action] will allow a greater part of the state to benefit from the developmentof Utah's share of the ColoradoRiver, rather than concentrating all the benefit in just one urban county [Salt Lake County].” completion of the $2 billion water project his faction) will allow a greater part of the state Ron Thompson Was not in court to testify Friday, although Petro said to benefit from the development of Utah's share of the Colorado River, rather than concentrating all the she could be brought in as a witness. Petro was un. able to identify the inmate Straw supposedly killed. Hansen said he once defended a man named Tom State Water Development Commission member The commission took up the issue this fall afterthe Mike Petro said Straw once bragged of throwing an other inmate off a multistory tier to his death while in prison. The woman who allegedly told the story Coleman back in the early 1980s and was informed that Coleman had “died at prison by being thrown dver the tiers... about 1983 orsu.” Hansenthen di rected Petro and state prosecutors to reveal any findings when the case resumes Nov. 30. Death recordsat Utah State Prison showno one named Tom Coleman died while imprisoned there, said Correc tions spokesman Jack Ford Wild Horses to Be Tested for Disease State and federal officials plan to round up and test approximately 200 wild horses roaming southeast of Vernal this week to ensurelast year’s outbreak of a fatal equine disease was contained The Bureau of Land Management and the Utah Department of Agriculture and Food will gather horses in the Bonanza area to see if anytest positive for equine infectious anemia (EIA), known as “swamp fever,” a viral infection that affects only horses. In April last year, one of the largest outbreaks of BIA inthe West occurredin the Bonanzaarea, with Northern Ute Nation wranglers initially discovering 2 positive cases followed by another 51 ELA horses dadtured bythe state and BLM in a cooperative ven: ture, State law requires euthanization of ELA positive horses, and all but 12 foals were killed to prevent spread ofthe disease to domestic horses. “The thousandsof horse owners in Utah need to know that thege tests are being conducted to protect said Mike Marshall, Utah state A r bottles of mouthwash. A blood test showed later that Lutz had no alcoholor drugsin his system. took his licenseto run a check for warrants. Haney beating Scott Strawto death in order to find out if guilty to manslaughter and tampering with evidence, emptycan ofbeer in Lutz's truck, as weil as three benefit in just one urban county [Salt Lake County],”" according to commission member Ron Thompson state Legislative Auditor General suggested that the Legislature revisit the so-called “Spanish Fork much of Salt Lake County's water, said the Bear ‘The audit said not enough consideration had been mand in 2015 or 2020 regardless of what happens to the CUP water nowupforgrabs. Nephi" (SEN) component of CUP, given as to whether CUP water bound for SFN could be better used in Salt Lake County, where most of the state’s population growth is occurring. The Legislature’s Natural Resources, Agriculture and Environment Interim Committee referred the matter to the Water Development Commission, com prised of key legislators, representatives of Utah's major water districts and one environmentalist During its meeting Monday, the commission took testimony fromstate, county and waterdistrict offi as well as the environmental community Much of the arguments from those who favor “sending water south” to south Utah County and JuabCounty centered on promises that were made to River will be needed to meet Salt Lake County's de SEN fell apart last year after one ofits major play. ers, the Strawberry Valley Water Users Association, began feuding with the U.S. Department of Interior over water rights. The Strawberry group had wanted to convert some of its CUP water from agricultural to municipal use in Utah County A new environmental impact statement on how the water will be used will be prepared next year. The endproduct will be known as the Utah Lake Drainage Basin Water Delivery System Gov, Mike Leavitt has appointed a committee to advise him on the issue. Led by the Utah Department of Natural Resources, the committee is expected to those regions, which have supported CUPthrough property taxes since the | Environmentalists, however, argued that times submit alternatives within the next few months, The governorlikely will take a position by spring, when the Central Utah WaterDistrict andthe Interior De- have changed and that those commitments were never set in stone. They said this last unused portion environmental analysis. of CUP water should go to Salt Lake County to negate the need for new, ecologically threatening dams on the Bear River in Cache and Box Elder counties. Zach Frankel of the Utah Riyers Council said it does not makesenseto send water to farmers in Juab partment begin gathering public comment on the new Darrell Mensel, the environmentalist member of the Water Development Commission, said thereare possibilities for the water other th north” to Salt Lutz's vehicle, the suspect tried to pull him in through the window, saysthe police report. Haney called for backup, then he and another deputy pulled Lutz out through the driver’s side window byhis belt and handcuffedhim. The three deputies wrote that Lutz remained violent throughout the arrest kicking andbiting theofficers and banging his head on the pavement Avideotapeofthe arrest taken by a neighbor shows the deputies unleashing a barrageofthreats to Lutz, “If you tryto get up,I'll beat the f~ out of you again,” one deputy says. “Quit f-—-- moving you motherf---Don't you f--—- moveorI'll jam yourf head throughthe goddam street. Layflat. You try to get up and I will beat the f—- out of you again Deputy Chris Bitton said that after he cuffed Lutz's legs, he realized Lutz’s left leg was twitch ing. Lutz had stopped breathing and had nopulse. Deputy Brian Jacobs said he rubbed Lutz’s chest withhis knuckleto get a response, thenclearedbis airway and checked for a pulse. The videotape does not show theofficers attempting CPR as Lutz lay onthe ground, apparently motionles ee said he beganCPRaflerthe ambulancearrivi Lutzslipped into a coma ayafter the October arrest anddied Friday. Two daysafter Lutz's arrest, his wife called the sheriff'soffice and asked to see video, saying she wondered if the officers had done something wron, “Perhaps, though, we should have released these sooner,” Anderson said, “The officers in: volved are stressed. They feel bad for the family and Mr. Lutz, and about all the[negative] attentipn this has generated.” Thethreeofficers are on paid administrative leave. Funeral services were held Mondayfor Lutz. He left behind twosons and his wife of 25 years. Burt Retains WVC Council Seat West Valley City Councilwoman Carolyn Burt still squeaked by challenger Brent Fuller by four votes after a recount of ballots Monday, Burt and Puller faced off to represent the Red. wood, Chesterfield and Granger neighborhoods in West Valley City’s District 1. Burtslipped by Puller with just four votes in the Nov. 2 general electidn. Fuller waited a week to request a recount. “Many LakeCounty or “south”to Juab County. For example, the water couldbe sent to Duchesne County, whichis of my supporters have urged meto[request a re- feeling shortchanged after some of its water projects count}.” he wrote to City Recorder Sheri McKén- farmlandin Box Elder County growthis occurring and wateris scarce, Or the water On Monday, David Ovard, director of the Jordan Valley Water Conservancy District, which supplies couldbeleft in the streams, whereit can be used for recreational andenvironmental purposes. Printing ran city ballots through computer counters again Monday, with the same result as County, then build demsthat will inundate prime A b fell through, or to northern Utah County, where drick. City Recorder Sheri McKendrick and Carr election night ' |
