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Show Aa _The Salt LakeTribune UTAH/NATION Friday, May26,1995 North Star: ane County Jagger originally was Official Says He founder Steve Cartisano in Chase’s death, he and Henry were Found Violations granted immunity from prosecu- tion in return for their testimony. Cartisano was acquitted of negligent homicide in 1992 When quizzed whyhe chose to overlook the violations he found at North Star, Stettler replied: ‘I’m notafraid to sayI believed in these guys. I trusted them.” His trust was short-lived. Soon after he cleared North Star of any wrongdoing, he learned of new evidence the Garfield County Sheriff's Office had gieaned from Bacon’s journal andthe diaries of other campers. “T didn’t have the luxury of having that journal,”’ said Stettler, adding that he soon discovered that abuse was rampant in the program and that he had been misled by the operators. For instance, he said he was originallytold by a North Staradministrator that defendant Georgette Costigan, a trained emergency medica! technician, had administered a full “field assessment” of Bacon’s medical condition the daybeforehe died, taking his blood pressure, temperature and pinching his skin to check bodyfat. And, he was told Bacon collapsed in a truck cab as staffers were preparing to bring him in to see a physician. Testimony in the hearing — including statements by the defendant’s own attorneys — have held that Costigan never @ Continued from A-1 of Utah cannot be held responsible for the Division of Licensing’s malfeasance and Mr. Stettler's conduct,” said Bob Bacon, Aaron’s father, who listened to Stettler’s testimony from the courtroomgallery. “It is obvious to me that his long-term familiarity with Jagger and Henry diminished his capacity to remain objective in his eval- uation of their operations, and in fact his familiarity led to a prejudice that assured North Star that their methods and mannerof operation was condonedbythestate and assured them they would be immune from state sanctions,” said Bob Bacon. “If Mr. Stettler had done his job, my son would not be dead.” The grieving father plans to write Gov. Mike Leavitt, asking for an overhaulof the Division of Licensing, contending it focuses moreon protecting Utah’s booming youth-therapy industry instead of protecting children. As the state’s only employee charged with monitoring the op- eration of more than 100 childtreatment businesses in Utah, Stettler said he rarely has time to conductthe twice-yearly surprise reviews required of each program, in addition to the mandatory annual reviewrequired for licensure. Although he now is employed by the Division of Youth Corrections as a program coordinator. he also continues to work for the Division of Licensing, training a successorto his old job. “Certainly, we don't visit these programsoften enough,” he said Stettler, Jagger and Henry were all involved in drafting the “categorical” regulations for wilderness-therapy programs in 1989, following the death of Kristin performed any field assessment, and Bacon wasbeing transferred to anotherless-rigoroussection of the program when he died — not to receive medicalattention. The defense team argued that Stettler’s conversion from gold to black stars for North Star came after having “the benefit of the county attorney’s sermon,” as attorney Marcus Taylor put it, con- Garfield County Attorney Wallace Lee prompted a second look. North Star closed in October last year after a surprise Septemberraid bythe Division of Licensing and Utah attorney general's investigators, who found several compliance violations — including practices that Stettler had believed would be corrected immediatelyfollowing his Aprilvisit, In other testimony against the eight defendants, Utah’s chief medical examiner said Aaron Bacon’s deathfromperitonitis — ulcers slowly eating two holesin his intestine, releasing stomach acid andfoodparticles into his abdominal cavity — was preventable and should have been detected early by a trained emergency medical technician. Dr. Todd Greylooked at photographs taken hours before Bacon’s death, showing the boy’s gaunt face, toothpick arms and protruding ribs, commenting that any normal person could see he needed medicalattention. “The photos depict an individual in my mind’s eye whois emaciated, listless and sick,” said Grey. “As a memberofsociety, I would think somebody seeing any individual as depicted here wouldsay, ‘That's a sick person.’ ” Hesaid Bacon would have been in “horrible pain, with an abdomenasstiff as a board, and he would have exquisite tenderness.” The cause of the ulcers is unknown, although Grey said there is no evidence that Bacon hadthe ulcers before he began North Star March 1, and that the malnutrition, strenuous hiking and hypothermia he endured during the program exacerbated the lethal meltdown in his stomach. Grey said Bacon, who was 16, lost 17 percentof his body weight in the 30 days under North Star's care, dropping 23 pounds from 131 poundsto 108 pounds. The proceedings are expected to conclude with closing argu- tending that Stettler was coerced into altering his previous high marksfor the program. Stettler denied it, although he acknowledged a phonecall from Hill’s Top Rank “m Continued from A-1 deliberations and voting begin June 22. If the Air Force evaluation carries any weight, Hill should be S safe, supporters maintain. And after Thursday's presentation = they were nearly putting money ‘onit. Hansen aide Steve Petersen _- By Linda Deutsch @ Oiher Developments THE ASSOCIATED PRESS LOS ANGELES — Aneighth juror was dismissed from the 0.J. Simpsontrial late Thursdayafter testimony came to an abrupt halt and lawyers and the judge held mysterious closed-door meetings. No reason wasgiven for the dismissal, which reduces the numberof alternates to only four. The A book based on interviews with former O.J. Simpson house guest Brian “Kato” Kaelin was released. Author Mare Eliot quoted Kaelin as saying that Nicole Brown Simpson ‘“O.J. is going to kill me one day.” oncesaid: Se identity of the juror wasn't announced. A replace- ment would beselected first thing today. Defense attorneys appeared pleased, leaving the courthouse with broad smiles but no comment. Prosecutors Marcia Clark and Christopher Darden rushed out looking grim. Darden snappedat reporters: “Get a life, guys.” Judge Lance Ito’s decision to stop testimony for half a day delayed his expected ruling in a key issue that emerged this week — whether Simpson's statementto police should be admitted. The halt was extraordinary given Ito's recent gettough policy aimed at keeping the trial moving. Jurors sequestered for more than four months have shown impatience with the slow pace and requested last week that moretrial hours be added. if the numberof jurors drops below 12, it would take an agreement by bothsides to continue. “When JudgeIto finds himself with only two alternatesleft, it will take an outbreak of bubonic plague or discovering that a juror has already inked the book deal before they're removed from thistrial,” said Stan Goldman, a Loyola Law Schoolprofessor. The interruption came as more arguments were to begin on whether Simpson’s June 13 statementis admissible. If the defense succeedsin telling jurors about the statement, it could mean that Simpson’s story could be told to jurors without him having to testify and endurehostile cross-examination. Bothsides filed papersstating their positions on the tape-recordedpolice statement, and a transcript of a sidebar conference showedIto initially siding with the defensein the belief that prosecutors inadvertently opened the door for it to be presented to the jury. Unawareof the dispute, jurors heard moretestimonyfrom criminalist Collin Yamauchi, whosetoff the fireworks Wednesday bysaying he once thought Simpson had “anairtight alibi.” . F Yamauchi showed jurors for the first time apair of socks found near Simpson’s bed, and he pointed samblood take beencutto had holes out wheretiny ples. The panelists stood up to get a better view. Healsotestified that defense expert Henry Lee failed to change gloves during an hourlong examina- tion of the socks last February. Prosecutors were trying to show that defense experts,like police technicians, may have mishandled evidence. Ito didn’t announce any ruling, but the transcript of Wednesday's sidebar showed he leaned toward the defense view when he heard Yamauchi’s comment. “We've got a huge problem. Wejust broughtin a statement,” Ito told iawyers after the testimony. “['m goingto strike the answer,” Ito proposed. “No, your honor. Your honor, I’m notagainstit,’ defense attorney Barry Scheck said. “It opens the door to his [Simpson’s] entire statement.” “Tt does,” Ito replied. “Wait, wait, wait,” prosecutor Marcia Clarkinter- jected. The arguments then moved into open court where Clark and defense attorney Johnnie Cochran clashed over the issue, and Cochranincited Clark bycalling her protests “hysterical.” On Thursday,Ito cautioned Cochran aboutthe remark, which Clark deemedassexist. ALE PRICES EVERYDAY| OHN APPLIANCES ARAS ‘FURNITURE ments today, leaving 6th District Judge K.L. Meclff to determine whether the eight defendants from North Star should be bound overfor a jurytrial. Utah’s Republican Sens. Orrin Hatch and Bob Bennett sent videotaped presentations. “Listen to the Air Force. They studied this very carefully. Closing Hill would be the most expensive decision you could make, beeause its missions are so intertwined,” Bennett said. Hill supporters’ only concern nowis that politics could influence the closure selection process, but even those worries were said the regional hearing was merely the icing on the cakefive commissioners got a day earlier when they toured Hill. “When you hit oil, you don’t keep drilling,” he said. His boss did remind the panel of howits predecessor, the 1993 base-closure commission, viewed Hill That year,everylogistics center but Hill was put onthestudy list after a commission staffer testified that the base's proximity to the training range and its work on intercontinental ballistic missiles made it “irreplaceable.” “It is myposition . thatif Hill and the Ogden Logistics Center wereclosedit would be purely political,” Hansen said > Bases: =Utahns Stress 8th Juror Ousted From Simpson Trial salved by the commissioner's strong disavowals of political influence Wednesday. “I feel pretty good about it,” Hansensaid afterward. “A lot of people are telling us that Hill won't be closed.” 6” TO 10” PADS AVAILABLE tat Our Spring Sale ends this Monday. Until then choose from hundreds of items priced at, near, or below our Wholesale Presents their one-time Roll - Hem - Ruffle - Blind Hem Narrow Hem - Sew Silk to Denim Heavy Duty 5-4-3 thread combo models. *298 cost. 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