| Show t 4' P' I r i - StateLocal Mit 4:tritt galce Ztibilvit Charge' ands Ex ' By Chris Jorgensen ' 7 tarY Ms Dreitzler was awarded $95000 Tribune Staff Writer settlement last month by the state after Scott McAlister was sent to jail Friday after pleading guilty to one class A misdemean- she filed a lawsuit claiming she was sexually harassed by Mr McAlister In the suit Ms or count of distribution of pornography " The former Utah State Prison ' Dreitzler claimed Department of Corrections Director Gary DeLand was aware of the Inspector general was ordered to serve seven s rt harassment she and other female employees suffered from Mr McAlister yet did nothing t "I -4 f 1 e ' s ''' '"-- - ri"41' '' ' '' 2 ' '' ' 'it' ' lrr:1117"-- g' :' tf r ' 1 1 ' -- in:" ''1 it : 'Itak':: ! 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part of a conference of the National Association of Developmental Disabilities Councils (See story on rt in the entire valley" Those two special readers — in Magna and Midvale fire stations were given by Mr Brandenburg who purchased them through Med-Alert 46444004 "To adequately supply the valley it would take a number of readers in the into the thousands for this program to work" high-hundre- Marshal Blundell said Authorities believe Mr Brandenburg dressed up as a fire department representative and would sell the cards door to door "He finds out who is retired and he knocks on their door and says 'Hi I'm with " Marshal Blundell said t' "That's the line that gets him in the Med-Aler- beer-compa- kleg t i 77'' -- t -- ' - N i 0 a e A 9 i t 7 rtr'' t ZIP ' ' - 1 ' B-- 2) ' ' 1 i I I A Mr McAlister was arrested when Ms Dreitzler informed FBI agents she was in possession of as many as 30 movies belonging to Mr McAlister By Chris Jorgensen Tribune Staff Writer e Ronnie Lee Gardner a killer who has been sentenced to death was granted a new evidentiary hearing Friday that could earn him a new murder trial The new hearing is scheduled to run three days beginning Nov 27 and could at least convince the Utah Supreme Court to vacate the killer's death penalty The special hearing before 3rd District Judge Raymond Uno will also be unprecedented in that it will be the first time Gardner will take the witness stand to testify in his own behalf said his attorney Manny Garcia Gardner has been eager for years to explain his story in open court but in the past has been discouraged by his attorneys for one reason or another said Mr Garcia "Through his own misunderstandings and the issues we've raised about the effectiveness of his counsel he has never taken the stand in any of the proceedings" he explained Judge Uno granted the hearing following a petition for a writ of habeas corpus filed last month Gard ner's execution date was originally scheduled for August 24 Gardner was conThe victed of killing attorney Michael J Burdell and shooting and wounding a court bailiff during a botched 1985 escape attempt from the Metropolitan Hall of Justice Gardner made the attempt as he was being transported to a courtroom for a hearing involving an earlier murder conviction for killing a Salt Lake City bartender Gardner was able to shoot his way clear of the building after a girlfriend slipped him a handgun He was later shot by a guard outside the building and taken back into custody Judge Uno agreed to hear four points of Gardner's appeal including the use of hypnotically-enhance- d testimony Gardner's right to testify in his own behalf plus the ineffectiveness of his trial and appeal attorneys Defense attorneys object to the use of testimony offered by Robert Macri who witnessed the shooting of Mr Burdell They say Mr Macri's testimony changed greatly after he was hypnotized and the jury was never made aware of how the testimony was gained door along with the fire department uniform" was impersonating at least two to three and maybe four different fire It is believed Mr Brandenburg sold as many as 3000 cards in the Salt Lake Valley said Marshal Blundell Mr Brandenburg who was arrested Thursday while selling the cards near 3800 W 4100 South was wearing a Salt Lake City Fire Department uniform when authorities apprehended him "Rumor has it that he said Mr Brandenburg pleaded no contest to one count each of soliciting without a business license and impersonating a public servant both class B misdemeanors The charges were the result of a monthlong investigation after the West Valley City Fire Department received complaints from three indi alcohol" County attorneys believed the controversy was resolved weeks ago after they and the Utah Attorney General's Office agreed advertising of corporate names was within the law Based on that opinion county commissioners last month approved an amended contract with Coors Brewing Co Salt Palace scoreboard signs covered with black plastic for six weeks because they violated the law by advertising beer products were taken down and replaced with the new ones But when commissioners received complaints from the PTA and Alcohol Policy Coalition earlier this month they again asked the attorney's office to "review this matter departments" Marshal Blundell Scott McAlister Sentence Serving 411111 ti "41o I 0C4 4 - '4- - it1 t 04 1 I) ii 4 Cl t) :- - ' ''' 31:' ' --1i -- g thorities" Commissioner Bart Barker whose duties include Salt Palace oversight said the commission requested the second legal review "just to make sure we're on sound legal footing" While he said he hadn't reviewed the matter "I don't see us doing anything differently on it It's more in- formational" 1::--- Ronnie Lee Gardner May Finally Testify The attorneys also object to the fact Gardner's original defense attorney Andy Valdez didn't object when the enhanced testimony was offered in court There was also a conflict of interest for attorney Ed Brass who represented Gardner during one of his appeals but also represented the woman who allegedly slipped Gardner the pistol The Ed Brass conflict only came to 4f4V411LALAAL-Akf- t i trial "Hopefully with a new trial and all the right information we're confident there would be a different result than he first trial" he said "Ob viously the best result would be to have the Utah Supreme Court throw out the conviction complete- t ' i lyt 4 Gardner has been on death row at the Utah State Prison since his Oct 22 1985 conviction The Utah Supreme Court denied his appeal in February of 1989 after 15 months deliberation The US Supreme Court later upheld the state supreme court's decision t Babbitt Will Speak Today At Matheson Memorial Former Arizona Gov Bruce Babbitt and Utah Supreme Court Justice Michael Zimmerman will speak Saturday during a public memorial service capping events mourning the death of former Utah Gov Scott M Matheson who died Sunday State and local flags have flown at half-masince Tuesday at the request of Gov Norm Bangerter Wednesday Gov Matheson lay in state in the Capitol Rotunda and Thursday a private burial was held at the Parowan City Cemest tery The service at Salt Lake City's Symphony Hall is scheduled to begin at noon with the Utah Symphony Chamber Orchestra per forming prelude music by Johann Sebastain Bach Matheson family spokesman Malin Foster said Friday Gov Matheson's brother Dr Stephen D Matheson will welcome the public prior to remarks from former Gov Babbitt Justice Zimmerman and the former governor's eldest son Scott M Matheson Jr said Mr Foster a former press secretary in the Matheson 4:1 : )4 administration The closing prayer will be given by Alan A Matheson another brother of the late governor who died at the age of 61 from complications arising from multiple myg eloma a cancer of the system in the bone marrow 4 blood-formin- Judge Awards viduals who were inquiring about Mr Brandenburg Marshal Blundell said it would be impossible to reimburse those customers who bought the card from Mr Brandenburg "but I'm sure Mr Brandenburg could face a civil suit for liability from one of them" he said Med-Aleis not to be confused with Medic Alert which services about 7000 Mahn& rt Battle PTA President Pat Hales in a letter to the Salt Palace and Fine Arts Advisory Board said the decision permitting the new signs "makes a mockery of the legislation" "Even though they technically do not advertise beer the implication is crystal clear" she said "Please don't continue to allow these impressions on young minds" Ms Hales warned county officials the PTA "will continue to see to it that the intent of the legislation is carried out" But she told The Sall Lake Tribwe have no intention of seeking legislation I don't know how you could get that legislation banning corporate names We felt we had a billthat took care of it" une "at this point i IL 1 light recently admitted Mr Garcia "We just missed it" he said If Judge Uno decides during the hearing that Gardner's original trial was riddled with enough errors the Utah Supreme Court may have no choice but to have the charges dropped against Gardner and allow a new trial explained Mr Garcia "Judge Uno will decide in the new hearing whether or not the entire trial proceeding was appropriate based on whether the jury had the right information had enough information or had too much information" he said Rather than have the death sentence vacated Mr Garcia said be would prefer to see an entirely new at Beer-A- d and make a recommendation" Deputy County Attorney Gavin Anderson in an opinion slated for presentation to the commission Monday repeated his earlier judgment the new signs are legal But the attorney declined to comment on whether the commission's action is good policy telling commissioners "such decisions are left to authe appropriate policy-makin- 41eo0 :' long" Salt Palace Prepares for Another By Dan Barrie Tribune Staff Writer Salt Lake County officials armed with yet another legal opinion upholding their decision allowing modified ads in the Salt Palace arena are poised to fend off complaints the signs are a bad influence on youth The Utah PTA has joined the nonprofit Alcohol Policy Coalition in asking that the signs be taken down They claim the ads violate the intent of a provision in Utalfs new liquor law banning billboard and scoreboard advertising of alcoholic beverages Dr George Van Komen Alcohol Policy Coalition chairman decried advertising as "one of the most pernicious enticers for our youth to use 1 - —: 311' Salesman in WV Pleads No Contest to Posing as a Fireman By Vince Horiuchi Tribune Staff Writer A West Valley City man pleaded no contest Friday to charges he impersonated fire department personnel and sold medical identification cards to unsuspecting customers for the last two years taking in thousands of dollars Authorities allege the defendant Edgar M Brandenburg 50 would sell medical identification cards Inc to interproduced by Med-Aleested customers for $20 apiece said West Valley City Fire Marshal John Blundell Each laminated plastic card which is produced by Ithe Marinette Wis company for $150 contains microfiche information of the entire medical history of the person carrying the card Information such as blood type past ailments and the medications the patient is on are included on the small piece of film To obtain the information special light readers are necessary to view the the microfiche "He had been selling thousands of these cards throughout the valley over the last two years" Marshal Blundell said "But the problem is there are only two readers available ':'' f:''''-- ' two-tim- tt t t ! 11 kt - t y:' t e lt Oe McAlister's attorney' "I don't think there's a crime there and I don't think anyone in Oregon will pursue it any further" he said "I don't think Scott did anything wrong there" Mr Rich originally said he would not accept a plea bargain unless his client was offered a class B misdemeanor "But as to the unlawful distribution he already admitted that to the FBI" explained Mr Rich "He brought them the films to the state and gave them to a woman He has admitted that was a mistake" Because Mr McAlister will be incarcerated with convicts he may have encountered at the prison it is likely the jail will keep him alone in solitary confinement for the duration of his stay said Mr Rich "I think that was a consideration in the sentencing" be said "It would just be too difficult logistically to keep him in there I Ilearing May Earn Ganhier Retrial on Murder Charge 4- 'i' f 4 l :? '1' I 4 110:4"-- a i c- '4 ? L'aLok —I e all 0 - $7 - A '' " 4-- I in Jail: )iiii'o'ii-'iInspecto- Seven days in jail without a fine or probation is "apt punishment" Mr Ellett said "Our feeling is this will let him get on with his life" he added "I think the cost he has incurred as a result of this with his job and the way this has been made public that this is enough punishment" Officials in Oregon considered an investigation of Mr McAlister's possible misuse of the films as evidence But it is unlikely with the disposition of the Utah case that officials there will pursue it said Brad Rich Mr - — me up" l'I'°'"'7:Atf"117414''''''''''' -7 — - ' - I - 71' r-i- i AN4 - :° '7 - ti itt ' 4 4 I - - r i 4 ' k ' - g f ' J0 10-- ''1' 1 i - - é r- - 1-- ' :o' 7 - ' Chief Deputy Salt Lake County Attorney Bud Ellett said he agreed to the plea arrangement because it was unclear if Mr McAlister knew the porn films were in his possession when he moved from Oregon to Utah in January of 1989 Mr McAlister admitted he brought the pornographic films with him from Oregon where he had been working as an assistant attorney general He said he retrieved the films from evidence used in a 1977 trial and then inadvertently brought them with him when he moved to Utah to take his post at the prison "I think this is a good disposition of the case" said Mr Ellett "I think it serves jus 711111'il-440''1- '''''''' ' 'i L ' al 7v : 4 it" about it ' - - tice to our community and to him" Mr McAlister "has certainly caused some ripples in the penal system" admitted Mr Ellett but said the problems have now been taken care of Considering the hard-cor- e pornographic nature of the films Mr Ellett said he didn't believe Mr McAlister was originally "over charged" with the second-degre- e felony "In light of the films we felt the charges were correct" he explained "But once we got to reviewing the case the questions came ' - days in the Salt Lake County Jail following a plea bargain arrangement After completing the sentence Mr Mc Alister will be released without probation or fine to return to his home in Arizona said 3rd District Judge Davis Young 1 The maximum penalty for a class A misdemeanor is one year in jail and a $2500 fine Mr McAlister an attorney was originally felony sexual charged with second-degre- e exploitation of a child after authorities found him in possession of two pornographic films depicting graphic sexual acts among ' children The films "Young Arabian Nights" and "Pre-Tee- n Sex" were confiscated along with other ftems Mr McAlister had left with Lincorrections secre da Dreitzler a one-tim- e i - Pleads Guilty to Misdemeanor 1 Saturday Morning—October 13 1990 Section B Page 1 $55000 To Widow By Dawn House Tribune Staff Writer Dennis Job finally won out against disbarred attorney Richard Calder But he didn't live to collect the cash US District Judge David Sam ruled Mr Calder must pay Mr Job's widow $55000 held by the federal - Bankruptcy Court while Mr Calder appealed other decisions against him "We're thrilled with the ruling" said Mrs Job's attorney Douglas Payne "My client's long ordeal is over" In a decision released Friday Judge Sam said Mr Calder "is incorrect" in his assertion that Reta Job "would be unharmed" if the money is held while Mr Calder appeals his case to the US Supreme Court "The Jobs obtained their state' court judgment on Feb 24 1986" said Judge Sam "They have essentially been prevented from executing on that judgment for over four years Any additional delay is unwarranted and unduly prejudicial" Last February Mr Job died while awaiting a heart transplant Mr Job won a judgment against Mr Calder in a malpractice suit in 3rd District Court but he couldn't collect because Mr Calder filed a See B-- 2 Column 1 1 MA a - |
