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Show TheSalt Lake Tribune UTAH Layden’s Only Regret: No NBA Championship High Court Overturns Grave Ruling @ Continued from A-1 @ Continued from A-1 the dead ancestors of Utah’s na- franchise moved that summer, and he became head coach on Dec. 10, 1981, when then-owner Sam forded the samerespect astheremains of Euro-American settlers buried in formal cemeteries. Anderson, whosits as both Magistrate and 7th District judge in Monticello,first dismissed fel- Battistone urged ‘Tom Nissalke. Layden resigned sevenyears laterafter: coplling a record of 277-294,leading the Jazz to their first Midwest Divisiontitle and guiding them into the playoffs for five straight seasons. ony counts against the Redds in 1997. He declared state law was meant to deter mutilation of “re- Layden was named the NBA’s Coach of the Year, Executive of the Year and J. Walter Kennedy File photo/TheSalt LakeTribune Citizenship Award winner in 1984 Frank Layden coaches a Utah Jazz gamein November 1987, the franchise’s turnaround year. “ “He gave me my career,” former Jazz center Mark Eaton said. “He took a chance on me. He asked me to come here andit tually all unauthorized excava- keeping the franchiseafloat dur- and private lands” because the Anasazi remains are “scattered all overthispart ofthe country.” ‘he new opinion contradicts thatinterpretation. “It may be that reading this Hundleysaid. “He's a people per- statute as protecting partial re- professional basketball player. He was as much a father as a coach, not only for me, but to a lot of ing its poerelally troubled early years in U “He eos to the public,” guys.” son, When the Jazz moved here, they couldn’t have had a better OnNov.19, 1984, Layden hired Jerry Sloan as an assistant coach. cently deceased persons,” and was “to keep people from digging around in graveyards.” Anderson wrote the Legislature never “intended to prohibit or impose felony penalties for vir- better than anybody I’ve ever seen.” Like Miller, Jazz broadcaster Rod Hundley credits Layden for turned out to be a perfect situation... .He taught me how to bea tions [of human remains]onstate mains of a thousand-year-old Anasazi will not accord with the expectations of some persons, as the trial judge ncted,” Zimmer- man wrote. “But a moment's reflection should demonstrate the soundness of the broader public policy our interpretation advances, It will protect the partial remains of many with whom people today can readily identify, such as pioneers buried long ago in crude graves, or of war dead, orof vic- A7 Third New International court did not address that issue and instead upheld Anderson's dismissal on a newfoundtechni- pushing aside or taking away cality: that to prove a body had been dug up, the remains must however, it is. Citing Webster's off,” Zimmermanconcluded: “It seemsclear that when the Redds took the bonesout of the ground Andersun's handling of the buried their dead inrefusepiles the plain meaning of the statute.” sensitive case has been fraught with controversy. In an earlier As examples, Zimmerman points to newspaper accounts of the reburial of Mormonpioneers’ appeal, the attorney general argued that the judge's interpreta- bespeeybiue jet crash earlier this yethe high court also found Anderson mistakenly dismissed a felony charge against the Redds of removing,concealing orfailing to report the finding of a dead body toa local law enforcementagency. During preliminary hearing last year, Anderson said, “the most that can be said is that they may have moved as manyas 17 bones a few feet. This is not removal, concealmentor destruction.” According to the dictionary, first place. The appeals court justices en couraged the state ;to file new tims of horrendousaccidents, or crimes.” bones discovered in a Fremont Indian burial “midden,” about China handing over remains of U.S. airmenkilled in WWII to be buried in America and about the absenceofintact dead bodies from have beenformally buried in the and moved them to the backdirt piles, they ‘removed’ them within tion of the grave-robbingstatute was“so unworkable andso that it ran contraryto basic human dignity and respect. After dismissing cha against the couple thefir: Anderson acknowledged that James Redd had delivered one of his children, but maintained he hadnoconflict of interest and no reason to recuse himself. He has continued to preside overthe couple’s criminal case and a separate ),000 civil suit against them by the state seeking damagesfor de- struction ofthe Anasaziruins. charges, this time prese ntingevi dence that Anasazi traditionally known as middens. Prosecutors refiled the charges, although it is likely the Redds will nowappeal, arguing that refiling of charges is not allowed because no new or previously unavailable evidence is included. In the wakeof the prosecution questions raised overthe existing law, the Utah Legislature this year passed a newgravedesecra- tion statute thatclarified the languageto coverprehistoric human remains onboth state and private lands. The law also made any vandalism of an archaeological site a third-degree felony, on par with penalties for looting burial sites on federal lands. Last year the Utah Court of Appealswaspresentedthe central question in the Redd case — whether fragments of old bone Tuesday's opinion focused on the original statute and deter- under the law. But the appellate cavation bylooters, constitute a buried human body mined that it was indeed sufficient in protecting all buried hu- man remainsfrom intentional ex- person in charge. Expansion teams shouldhire him. I’m telling you. They should give him a oneyear contract and turn him loose.” WhenLaydenresigned, Sloan was his replacement. Obviously, his retiring saddens me, because he gave mea job ‘e,” Sloan said. “I owe Frank alot. iayden leaves the Jazz with oneregret. “We didn’t win a championship,” he said. “We worked hard. It wasn't from a lackofeffort. We did everything possible, except Layden taughtthe fiery Sloana few lessons on perspective during the four years they spenttogether onthe bench, sell our souls. We played by the rules. We didn’t embarrass the “At that stage of my career, his approach to the game was eyeopening to me,” Sloan said. “I league or embarrass this community. And we cameclose. Wejust couldn’t quite win a championship.” thought — and I still think — Frank understood wins and losses Teen Drivers Bill Would Add analysis by the Insurance Insti- More Restrictions were prevented by the phased-in licensing. But key components of the tute for Highway Safety and The Preusser Research Group. Researchers estimated more than 1,100 injuries and deaths @ Continued from A-1 graduated driver license model law are missing from Utah’s ver- young motorist can turn in a sion,said Craig Allred, director of the Utah HighwaySafety Office. Montgomery’s passenger restriction bill is aimedatfixing one practice permit for a full license. Even then, driving between midnight and 5 a.m.is prohibited yy of the omissions and the otheris addressed in separate legislation people younger than 17, Exce; that would makeit a primary offense for drivers younger than 18 tions are made for eneeicine and travel for work,school, farming or churchactivities. It is too early to determine the effect of the law, ifany, on crashes in Utah, say state safety officials. Hard data won'tbe available until eeaes Ales re) i) to fail to use a seatbelt. Allred said the passengerre- eeneat ats striction amendmentis critical because whena teen driveris with NEW YEAR’S RESOLUTION#1: PROCRASTINATE MORE. peers, “seat-belt use goes down andcrashesgo up.” Butstudies in otherstates and Rolayne Fairclough of the American Automobile Associa- countries demonstrate that grad- uated driverlicense laws workin tion of Utah calls the proposed amendmenta “critical element” of an effective graduated driver license law. “Whenthereareall these kids in the car, there’s just too much reducing deaths andinjuries. Atleast 35 states have adopted some form of restricted licenses for young beginning drivers since Florida started the trend in 1996, Sixteen-year-olds had 11 percent going on,” said Fairclough. 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