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Show NORTHERN UTAH STANDARD-EXAMINER SATURDAY, AUGUST 10, 1996 LOCAL NEWS EDITOR: 625-4220 CLASSIFIEDS S ‘No onein this country is above the law’ NEws C Salt Lake man says Farmington judge violated his right to privacy By NANCY MITCHELL Standard-Examiner Davis Bureau SALT LAKE CITY -— Dick Neilson will admit he has a history of mental illness. He'll tell you he still suffers from depression from time to time. Whathe can’t understand, though, is whyhis past had to be dragged into a family court fight over a wealthy aunt’s estate, a fight he helped initiate and then lost. Having painful, old details — he was hospitalized in the 1960s -— paraded through 2nd District Court was embarrassing, Neilson says, and irrelevant to the issue at hand — his aunt’s contested will. So Neilson is doing something few Utahns ever tackle. He’s suing the Farmington judge who presided over that 1992 probate case for $4.25 million. In a civil rights lawsuit filed in U.S. District Court, Neilson claims Judge Jon M. Memmott, among others, violated his Sunstone to honor Bennion constitutional right to privacy byallowing Neilson’s cousins access to 30 years’ worth of Neilson’s medical records over his strenuous objections. Neilson believes the judge’s decision was a first of its kind and could set a dangerous precedent. So does Marilyn Mitchell, executive director of the Mental Health Association of Utah, who reviewed Neilson’s complaint. “It’s not that anyone needs to be ashamed or embarrassed about mentalillness or that Mr. Neilson had anything to hide,” Mitchell said. “But any kind of medical record is confidential and we should all have that assurance. An individual has the right to confidentiality in the circumstances of a doctor-patient relationship.” Memmott declined comment on the suit, referring questions to his attorney, Assistant Attorney General Dan R. Larsen. Larsen said whether the judge made the correct ruling on Neilson’s medical re- cords reallyisn’t relevant. The fact is, Larsen said, judicial immunity protects Memmott and other judges from being sued for decisions they render in court. It stops judges from being sued by everyone who disagrees with them. “Otherwise, who would want to be a judge?” Larsen asked. The proper channel for disagreeing with a judge’s ruling is through the appeals courts, he said. Or by complaining to the state’s judicial conduct commission, said Brent Johnson, counsel for the state’s judges and courts. Johnson said a few lawsuits seeking monetary damages from a judge are filed every year. He knew of none that had been successful. Larsen pointed out attorneys involved in civil cases routinely subpoena medical records and medical records providers must comply or face being held in contempt of court. A court order isn’t required but, if a person objects, as Neilson did, a judge decides whether the subpoe- nas remain in effect. Some mental health records have special protection, Larsen said, but he was not certain whether Neilson’s records fit the category. “If the law needs to be changed, that’s something the Utah Supreme Court should change or something the Legislature should change,” Larsen said. In Neilson’s case, he and two family members sued their cousins, Lawrence and Carol Mills, claiming the Mills wrongly influenced their aunt, Arda Hatch, to leave her estate to them. Neilson claimed his aunt, who had owneda profitable Woods Cross trucking company, told him shortly before she died in 1991 that she planned to divide her estate among her nieces and’ nephews. During the two-year court fight, the two family members dropped out, leaving him the only plaintiff. The Mills’ attorneys then contended his medical records were relevant because they said Hatch was con- > See MEMMOTT/2B On the | trailof the Unabomber eka ‘BEAT Prosecution: One DNAexpert will testify in trial of man accused of murdering his estranged wife. 28 AT A GLANCE Historic LDS hall being restored RICHMOND - A building erected in 1882 is believed to be the oldest standing Mormon Churchrelief society hail in Utah and has been placed on the National Historic Register. Volunteers also are restoring the building as a museum and community center. The committee and city Officials will be given a certificate naming the two-story, wood building to the national registry on Aug. 23 during a ceremonyat the building. An open houseat the Daugnters of Utah Pioneers Museum next dooralso will be held, followed by a city-sponsored community party in town square. Twins’ separation (Annual conference runs set for next month Wednesday through SALT LAKECITY - Thefinal surgery to separate twin girls joined at the head is scheduled for their first birthday. The Sept. 23 surgery will be the sixth for Doris and Bessy Gonzales, whoarrived at Saturday in Sait Lake City By KIRSTEN SORENSON Standard-Examiner staff SALT LAKE CITY - The late educator, counselor and author Lowell L. Bennion will be honored at next week’s annual Sunstone Symposium. Bennion was recognized during his lifetime for his public ser—, Vice and volunteerism on behalf -of the poor, elderly and homeless in Utah. He died in February at the age Primary Children’s Medical Center from Hondurasin February, said hospita! spokeswoman Bonnie Midget. During each operation, surgeonspainstakingly divided the blood vessels and brain tissue shared bythegirls. While recovering from their most recent surgery in May, the twins suffered a setback when skin expanders inserted under their scalps becameinfected and had to be removed temporarily, Midget said. The expanders are designed to stretch the scalp to provide enough skin to cover their skulls after the final surgery. of 87. Man gy Bennion scholars will present papers and pan- els addressing Bennion’s teachings and influences. In all, eight sessions of the symposium are dedicated to Bennion’s memory. The University of Utah honored the former dean in 1986 with the establishment of the Lowell Bennion Community SerViee Center to promote the spirit Homicide caused 18-year-old’s death DOUGLASC.PIZAC/The Associated Press FILMING IN UTAH: Tony Muljat poses on USA Network's Unabomber movie setat Salt Lake International Airport on Wednesday.Theretired postal inspectoris the basis of a character played by actor Dean Stockwell in the portrayalof thelife and crimes of the elusive serial bomber. An 18-year investigation in two hours of'public service that he inspired, -*Bennion spoke at last year’s os and said that he beyes the LDS Church will re- tain a U.S.-based church despite [] Task force memberadvising st its leadership's position thatit is & worldwide church. *“Bennion pointed out thatall of the current top 15 leaders of the oturch are products of the sd*called “Mormon cultural ren” of the western United Sates, even though the majority the converts are outside the Gilited States. “Other topics to be explored at the symposium include the quali- t¥-of church music, the concept ofa mother in heaven, Mormon folk songs, Mormon megatrends, and the female LDS experience. . The symposium runs Wednes- day through Saturday at the Salt Lake Hilton, 150 W. 500 South. The cost is $60 for full regis- tration in advance, $72 at the door, $18 for one day’s session, $7. for one daytime session and $8 for one evening session. The closing banquet is $27.50 in advance and $30 at the door. ‘For information, call the Sunsténe Foundation at 355-5926. , The family’s lawyer worries the production will be an “unfair and unjust” made-for-TV movie in Utah exploitation of a tragedy. Kaczynski, 54, is charged in seven of the es a hd 16 bombingslinked to the Unabomberthat Te Assodated Press killed three and injured 23. He has pleaded ALT LAKECITY — Retired postal innocent andis in a Sacramentojail awaiting inspector Tony Muljat doesn’t look trial. much like actor Dean Stockwell, who “TI became obsessed with the case,” said plays a Muljat-like character in an upcoming Muljat, speaking the other day at the movie on the Unabomber. National Guard terminal where crews were But then, USA Network’s quickie filming a re-enactment of the Unabomber’s portrayal of the life and crimes of the elusive 1978 attack on an American Airlines serial bomber may not much resemble the jetliner. grinding, 18-year investigation that ended “I stuck around because I knew he'd with the arrest of suspect Theodore make a mistake,” said Muljat, a Sacramento, Kaczynski. Calif., native who claims he spent so much Muljat spent 11 years on the trail of the time contemplating the bombings “thatI Unabomber as a memberof two became Ted Kaczynski.” investigative task forces. He is serving as a “T put myself in his shoes,” a process he consultant on the movie — scheduled to air claims gave him uniqueinsights not always Sept. 11 - which went into productionafter Steve White Entertainment bought the rights shared by the dozensof federal and state _ investigators working the Unabom case. to Muljat’s story. For example, Muljat was always If Muljat’s presence lends the enterprise convinced the bomberwas older than FBI any credibility, it is lost on the Kaczynski profilers thought. He based thatbelief partly family, which trumped investigators’ stalled on the bomber’s writing ability and the efforts by going to the FBI with suspicions about the math-professor-turned-hermit. devices. Andhe disagreed with the commonly held belief that the bomberlived in northern California where several of the bombs were mailed or exploded. After years of stumping investigators at every turn, the Unabomberleft what Muljat likened to a damningfingerprint - a rambling, 35,000-word anti-technology manifesto that struck a chord with David Kaczynski, Theodore’s younger brother. David Kaczynski, already uneasy because locations where the Unabomberhadstruck closely matched his brother’s wanderings, was deeply troubled by the writings because they resembledletters he'd gotten from his brother living in a one-room shack in Lincoln, Mont. He hired a private investigator and a lawyer, and went to the FBI in February. Over the next two months,federal investigators, including Muljat, became convinced Kaczynski was their man. USA Network’s movie, boldly titled “Unabomber: The True Story,” is being filmed entirely in Utah. It followsa trio of story lines: the investigation - headed by a books he used to hide someofhis explosive > See UNABOMBER/2B Cities feeling effects of landfill fee ‘Monthly rates lead eisomesadaae tiealare in the unincorporated county and West Haven stayed the same or increased by varying amounts. Some communities that have not yet raised rates (J Trash collection prices : rise along with dump’ mp’s tippir 19 price increase GREG By KRATZ Standard-Examniner staff Last month's tipping fee in- crease at the West Ogden landfill has nothit all Weber County residents in the pocketbook ~ yet. Five communities and some private garbage haulers in the unincorporated county have raised their trash collection rates since tipping fees jumped from $20 to $29.50 per ton on July 15. In Uintah, city recorder Sher- ma Meldon said the collection fee increased from $7.50 to $9.50 per month effective July 1. And THOMAS BRADLEY/Standard-Examiner the city will no longer give residents “garbage cards” that let them dump at the landfill and have the fee charged back to the city. “We've had to drop that,” Meldon said Thursday. “Now when they go, they'll have to pay themselves.” But seven Weber County communities have been able to delay fee increases or avoid themaltogether, Riverdale residents are some of the lucky ones. Mayor Ben A. Jones said the city was able to keep its basic residential garbage rate at $7.25 per month, but it increased its price for a second can from $3 to $4 per month. “What the council chose to do was to keep the rate as low as possible and use some of our other revenues to keep it low,” Jones said. “Our citizens always ask what they gain from all this business in Riverdale, so we augment some of that from the general fund.” County commissioners increased the tipping fee to help pay for an estimated $100,000 temporary trash transfer station in the old incinerator building of the current landfill, which needs to close for environmental reasons. The county will use that station until it can decide on a site for a permanent station. ECDC Environmental will haul trash from the stations by rail to the Carbon County landfill. Gary Laird, county operations director, said Friday that a site plan for the temporary station > See LANDFILL/2B \ MAGNA- Salt Lake County sheriff's detectives are investigating the death of womanfound in her bathtub here as a homicide. The body of Jamie Weiss, 18, was found bya relative and a friend on Wednesday, said Sgt. Jim Potter. Initial investigation and an autopsyreport indicated Weiss suffered trauma to her head before her apparent drowning. The woman was the mother of a 2-year-old. She wasliving in the homewith herfiance and was scheduled to be married in two weeks. Police have talked to the man aboutthe incident. No arrests had been made. Ogden police get new assistant chief OGDEN - Lt. Steven R. Turner has been named assistant chief of the Ogden Police Department. Turner,a ¢ 26-year veteran of the Ogden department, assumeshis duties Aug. 17. He replaces retiring A.K. Greenwood. Turner “Ogdenis proud to have an individualof his caliber serving in this position,” said Mayor Glenn Mecham. Turner now works with the Major Crimes Bureau and was the commanderof the Weber-Morgan Narcotics force from 1989 to 1995. He has been a lieutenant at OPD since 1985. He graduated from the FBI National Academy in 1987. He also has served in the U.S. Navy. Standard-Examinerstatt and wire services teereerrvresvat and Call 625-4240 to leave a message, comment, question or news tip STAMDARD (GIMME 24 HAS A DAY ¥ |
