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Show 2B Saturday, August 10, 1996 Standard-Examine; NORTHERN UTAH COUNTY LINES| DNA expert will testify at murdertrial DAVIS COUNTY: (1) Judge denies defense’s request to disallow testimony in Vargas case Dogs run for free in 5K fund-raiser By CHERYL BUCHTA WEBER COUNTY: Manpleadsguilty in shooting Garcia’s home OGDEN - Arturo Rodriguez, 20, charged in the drive-by shooting of a city councilman’s home, pleaded guilty Thursday to discharging a firearm from vehicle. Misdemeanorcountsof criminal mischief and giving false information to a police officer were droppedas part ofa plea arrangement, said Weber County Deputy Attorney Laszlo Daroczi. Rodriguez faces upto five years in prison when he’s sentenced by Judge Parley R. Baldwin on Sept. 19. Police say Rodriguez sprayed the home of Councilman Jesse Garcia with bullets on July 8. There wereno injuries. Garcia told police that Rodriguez once dated a niece of his. He alleged Rodriguez had mistreated her to the point the family sent herto live with relatives back East. He said Rodriguez had threatened family membersin his front yard only a week before the drive-by shooting, showing them he had a shotgun. Garcia called police after that incident and the man was booked on a misdemeanorcharge of threatening witha dangerous weapon. Rodriguez remained in the Weber CountyJail onFriday on $5,550bail. FDIC hoping to collect from former banker SALT LAKECITY- The Federal Deposit Insurance Corp. _ must be hoping former Roy banker Val D. Costleystrikes it rich soonifit is to ever get more than $485,000 he owesthe federal agency. Costiey, 41, has agreed to a $486,741.52 federal court judgment. Thatlets him avoid paying interest on the amount and also paying the FDIC a 10 percent penalty allowed on unpaid federal courtrestitution orders. But he only has to pay $200 a month. However, the judgment ordered released Friday allows the FDIC to seek modifications after six monthsif Costley’s financial condition improves. Otherwise, Costley has more than 200 years to pay off the debt at just $200 a month. The former managerof the Family Bank’s Roy branch pleaded guilty in 1986 to embezzling $500,000 from his employer. But federal prosecutors said Family Bank actually lost more than $4 million, causingits failure. Costley was sentencedto five years in prison and ordered to pay $500,000 in restitution to the FDIC, which insured the depositors. Lastfail, the FDIC sought a judgmentorder against Costley, saying he had only paid about $13,000. Before heis released from prebation termsofhis 1986 sentence,it was seeking full restitution, plus 5.81 percent interest on the unpaid balance, plus the 10 percent surcharge. — Standard-Examinerstaffand wire services ’ Memmott From 1B cerned he would handle badly any moneysheleft him. They also said Neilson’s claims his cousins were cheating him were consistent with his prior episodes of paranoia and he still suffered from the condition. Court records show Memmott refused to stop the Mills from getting the records and Memmott eventually dismissed the lawsuit. Neilson said the judge treated him differently after his records were received. Before one hearing, Neilson said he was taken outside the courtroom and searched bybailiffs. “Any time the words ‘mental illness’ are mentioned, all the red flags go up,” he said. “Everybody gets scared.” In his suit, which also names as defendants the hospitals and others who provided his medical records to the Mills, he’s also asking for the probate case to be re-opened and all of his medical records returned to him. Landifill From 1B will go before the Ogden planning commission Sept. 4. If the plan is approved, he said, the temporary station could be finished by the end of October. And Laird said the $29.50 tipping fee should be “fairly secure” at both the temporary and permanent transfer stations. “It really depends on how we operate it, and we've given our best guess of operating costs,” he said. “I'd be surprised if it had to go up more than the built-in inflation factor in the ECDC contract.” But Harrisville Mayor William Godfrey is not so confident. At the end of July, Harris- ville residents faced a trash fee increase from $7.50 to $9.30 per month for one can and from $3.75 to $4.25 for a second can. And Godfrey warned the council that costs may jump again. “I rather expect by spring the @ He doesn’t buy the — immunity argument. “No one in this country is above the law,” he said. “Whetherit’s you, me, a judge, a legislator or the president of the United States.” Neilson, who now lives in Salt Lake, still receives social security disability payments for mental illness. He is represent- ing himself in the federal lawsuit, though his legal background consists only of a OGDEN - Prosecutors won the first round Fridayin the battle over who can testify in Stephen Vargas’ murder trial set to begin Aug. 19 in 2nd District Court. Vargas, 40, is accused of the Dec. 28 bludgeoning death of his estranged wife, 27-yearold Rebecca Weaver. In the latest motion hearing, Judge Michael Lyon refused defense attorney Martin Gravis’ request to prohibit the state’s DNA expert from testifying at the trial. Gravis argued that because prosecutors had not given defense attorneys information about the laboratory where the DNA testing was done, Lyon should not allow the state’s expert to testify. The DNA testing was done by private Richmond,Calif., lab because, at the time of the murder, the state crime lab did not perform tests necessary for small samples. The defense plans to argue that the lab technician who did the DNAtesting is not an expert and the lab results based ontesting procedures the technician used could not produce a match because the sample is too small. Gravis said the DNA evidence is a speck of blood found in the floor of Weaver's car. said. South Ogden City Manager Linda Hamilton said that city did not have to increase its gar- . bage fee of $9 per month, but she is still concerned about trash rates. “It’s not just a Weber County phenomenon,” she said. “As environmental regulations in- crease and space runs out in landfills, everyone can antici- Hincks. was notlisted. > Keep out testimony made by Vargas : nephew to Det. Dave Lucas. Gravis contend the statement was coerced and the nephev later retracted the statement. > Keep out a statement made to Vargas aunt by Vargas several years ago. > Keep out photos of the murdered woman’s body. Gravis said the defense: doe not deny there was a murder and doesnotde ny the cause:of death. He said the photo: would be used to prejudice the jury against his client. > Keep out testimony that Vargas allegedly used aliases. : Hincks was set up in one of the exhibit halls representing ' Leavitt’s Chapel! of Flowers Mortuary in Ogden. While other fair exhibitors were hawking their pots and pans and sunglasses and T-shirts, Hincks was encouraging people to consider pre-planning their funerals. In fact, the mortuary had a drawing every day of the: fair for a free burial space at Leavitt’s. “This is something that not everybody is anxious to do or talk about,” Hincks said. “But those whoare ready are very willing to talk aboutit.” Considering all the people who walked through the fair’s gates in its first few days, Hincks was probably able to find quite a few interested parties. Official attendance figures showed that 11,508 people went to the fair Wednesday, up from about 8,000 on the first day of 1995’s fair. And another 11,908 showed up Thursday, up from 11,615 on the second day in cause they want the free things. I've gone through lots.” Emily Thompson was not after the free stuff. The lifetime Ogden resident has been coming out to the fair since it started, she said, and she was there Friday with her daughter, son-in-law and grandchildren. “It’s better now,” she said. “There’s more things to do. It's organized in a way people can enjoy. “IT just like to come to the fair.” “If we stick with them (We- > Keep out testimony made to Prosecuto Gary Heward. The nature of the testimony OGDEN - For people who continue to escalate, and it’s bound to have an impact on garbage fees.” Pleasant View Mayor Brent Hales agreed. That city did not have to increase its fees from ber County), we'll probably have to raise our fees, too,” he said, Standard-Examiner staff writer Charles F. Trentelman contributed to this report. the defense’s DNA expert. The defense had Gravis has filed motions asking the judged to: were not interested in buying whirlpools or plastic swords, who weren’t considering subscribing to a new satellite television or cellular phoneservice, the Weber County Fair also had Darrell “Everybody comes up to me be- $9.50 per month, but he fore- But Prosecutor Sandy Sjogren told the judge the information Gravis wanted is not relevant to the Vargas case and is merely a “fishing expedition” to discredit the lab. She said the lab is compiling the information requested but she could not guarantee it would be ready for the defense before the trial. Lyon ruled prosecutors did not act in “bad faith,” a condition that has to be met before the judge can suppress testimony. And then he went one step further and ruled that the information Gravis had asked for was not relevant to whether the expert was qualified. That means Sjogren does not have to give Gravis the information. Gravis grumbled after the ruling that the judge relied on Sjogren’s comment that her expert said the information was unnecessary. “How he can makethat ruling without an expert testifying is beyond me,” Gravis said. Lyon also scolded Gravis for not turning over a synopsis of the expected testimony of Standard-Examiner staff pate that those landfill fees will sees future price hikes. relationship with his wife led to her death. tionship with his wife led to her death. Weay er was found outside an Ogden apartmentshe was planning to rent. Police said she’ wa leaving Vargas. She died from six or seven blows to th back and top of her skull. With the start of the trial only 10. day: away, Lyon asked both attorneys to provid him with a list of motions filed so he cou! hear oral arguments on Friday. By GREG KRATZ For the county residents who have not yet made it out to the fairgrounds, today is the last chance to enjoy the atmosphere, the events, the animals and the food. Ah, the food. Tacos, snow cones, ice cream, lemonade, hamburgers, corn dogs. It’s fair food, all right, and it helped draw Sam Martinez of Ogden and his family to the big event. Max, Sam’s 4-year-old son, said he liked the fair because of “the zoo.” “He wanted to see the animals, and they always have good things to eat,” Sam Martinez said after about three hours at the fair. “I don’t think (Max) has ever seen animals that big before.” Lots of other children were running around with bags offree stuff. It didn’t matter if it was a pencil, a military recruiting poster or a political pamphlet, kids would pick it up and put it in their (free) bags. And then they would follow Karen Thomas of Kaysville all around the grounds. “I'm handing out bread and Twinkies for Wonder Bread,” she said, as she headed back to the kitchen with an empty basket. in the $12 to $13 range,” he Vargas’ obsessive fense and prosecutors),” Lyon said. Prosecutors allege Vargas’ obsessive rel, folks and free stuff 1995. county will come back with another increase, and that will be VARGAS:He is accused of murdering his estranged wife, 27-year-old Rebecca Weaver. Prosecutors allege Fair, food, stitutional law. torney willing to represent him. Mitchell said the Mental Health Foundation of Utah doesn’t have a legal staff or the money to support him. But she has written to a civil rights attorney with the U.S. Department of Justice, asking whether the department might help. The attorney has not yet responded. “We're interested because the case could set a precedent,” Mitchell said. “It’s obviously significant if other people fear their medical records will become available.” = “The rule is meant to apply to both (de Standard-Examiner staff correspondence course in conHe said he can’t find an at- its argument. DOUGLAS C. PIZAC/The Associated Pressit WILL IT BE A BOMB? Actor Dean Stockwell (left) listens to actors Michael Flynn and Robert Hayes (standingleft to right) during rehearsal of USA’s Unabomber movie beingfilmed in Salt Lake City. Unabomber From 1B postal inspector based on Muljat ~ the victims and the relationship between the brothers Kaczynski. In the past two weeks, scenes were shot at the University of Utah, a post office, the airport and in Big Cottonwood Canyon at a mockup of Ted Kaczynski’s Montanacabin. Ian Valentine, vice president for long-form programming, said USA Network has “the opportunity to deliver a responsible and accurate account of the Unabomber case from the perspective of Tony Muljat.” He said the film treats David Kaczynski “very fairly and sympathetically and all of the Kaczynski family material is based solely on public record.” Producer Frank Fisher believes the key is the siblings’ re- lationship. “That is the relationship, the tension between those brothers, that makes the story so compelling,” Fisher said from the set Wednesday.“It’s the psychological aspect that intrigued me.” Muljat also believes the brothers’ relationship played some role in Theodore Kaczynski’s alleged 18-year bomb spree. He makes much of the fact that a 1980 bombsentto an airline executive was hiddenin a book entitled “Ice Brothers.” Fisher said the movie makers have had no contact with David Kaczynski, who has refused all interviews except one with The New York Times. “But there hasn’t been any noncooperation,” he said. Fisher needs to watch his mailbox. David Kaczynski’s attorney, Tony Bisceglie, fired off a fetter to USA Network on Wednesday, saying the Kaczynski family wants nothing to do with such films. “(The family) feels strongly that to exploit this situatio would be unfair and unjust, Bisceglie said. Bisceglie’s dim view carrie right down to the compositg lead investigator played by Stockwell. A scene filmed in the presi dent’s board room at University of Utah had the David Kaczyn ski-based character, played by actor Robert Hays, beingledin to a room full of investigator that includes Stockwell-Muljatg where he announces his susp! cions about his brother. Bisceglie, who in fact acted a middleman between David Kac zynski and the FBI, said the scene bears no resemblance ( reality. “And I can categorically say I never met a postal inspector.’ avi Open Letter To All Car Buyers. “WhoDrives A New Car?!) Nobody!?! The: hard: truth: is when:a newcar leaves. the dezilership it becomes used! EVERYONEIS DRIVING A USED CAR!! Wehavea great: selection. of recently new- used cars-andtrucks. We have finance programs.to.meet most every need! Aout) ts hae‘ou thousands!! Avis Car Sales 31st and Wall Ogden, UT. Local 392-2847 . Toll: Free 1-800-891-2847 Credit Approval. 1-800-265-9224 ss Lee 2 6 Ae ee bE eee eS& oes & & eee ee Oo Oe lees @ b&b DD ee ce oo DA SS 6 eo eee ob Oo Dees @& A So See Se Oo ES Os So SE eee ete A Davis Countyorganization is sponsoring the first 5K “Dog-Jog” Aug. 17 at 9 a.m. at Sugarhouse Park. Cost of the run, to begin at the park’s North West Terraceat 1300 E. 2100 South, is $10 for pre-registration, and $12 on race day. Dogswill run free. Proceeds from the run, to remind people exercise is just as importantfor a dog’s health asit is for a humans,will go to the Davis County 4H Guide Dogsfor the Blind Fund. Participants in the contest must have their pets ona leashatall times and must compete with a dog to be eligible for prizes. Registration forms are available at local veterinarian offices or by calling 328-8899. provided a one-sentence paragraph explaining |