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Show ij" iiii,'- ijii'aini"Jii(igifJ'lii)yr' Dam Construction Could Close Road to Lodge Special to The Tribune DUCHESNE Construction on the Upper Stillwater Dam may require restrictions on access to the area, a prospect that worries the owner of a lodge near the dam site. Kathy Wood Loveless, spokesman for the Bureau of Reclamation, said construction of the dam on the south slope of the Uinta Mountains will require thousands of truck loads of material to be hauled up the narrow Rock Creek road to the site. Fearing this construction traffic will endanger fishermen and hikers heading toward the High Uintas Primitive Area, she said the bureau is looking at options for restricting traffic on the 23 miles of dirt road between the community of Mountain Home, Duchesne County, and the dam site. Closure is an option, she said. 'iiij i ii",iiijrm''f-iju--r- in n" Fine-Tun- e Lawyers Say mlt fab Insanity Defense Law flR Others include closing the road only during the weekdays, closing it during certain hours of the day, or closing it during certain times of the year. No restrictions are planned until 1984, she said. Sfilmnr Rich Glade, owner of the Rock Creek Ranch, located about two miles south of the dam site, said closing the road would put him out of business. The ranch has a restaurant and bar, cabins for rent, and is the base for a guide service into the Uintas. The bureau, said Mr. Glade, has informally discussed converting the ranch to a service facility for the construction workers, but he said he wants to continue catering to fishermen and hikers. All I want is a chance to continue to See Page B-- Column 1 Local News Obituaries Features PageB-1- 5 Sunday Morning, August 8, 1982 Section B Page One 2, The recent verdict which sent John to a merit a i Institution r bitter than prison prompted a storm of protest. Its own statutes Utah Is pertaining to insanity. In the first of two on the sublect, The Tribune articles examines the issue and its ramifications. Minckie? By Mike Carter Tribune Staff Writer If presidential assassin John Hinckley had been tried in Utah rather than in Washington, D.C., the results probably would have been the same he would have been found not guilty by reason of insanity. And although most prosecutors and some legal scholars in the state view would-b- e the Hinckley defined compulsive gambling as a mental disease. The thrust of the matter is that just about anything is a mental disease, if you rely on psychiatrists. It doesn't take much to say a person has a mental disease, and this is compounded when people believe, as many do, that a person has to be sick to commit a crime in the first place, he said. Despite this, the professor noted, the insanity defense is rarely raised in Utah. And when it is, he added, it usually fails. Defense lawyer D. Gilbert Athay agrees. Juries just dont buy it, he said. decision as an aberration and a manifest miscar-ring- s they also believe that the insanity defense should not be done away with altogether. Most favor a change in Utahs law, which is vague and overbroad, "according to University of Utah law Professor Ron Boyce. And many would like to see another law adopted by the Legislature which would allow a judge or jury to return with a guilty verdict but would also take into account any mental illness the defendant may have been suffering from when he committed the crime. of justice, Tribun Defense attorney Gil Athay would like to have input from psychiatrists in defining insanity, Staff Photo by Lynn ft johnwn what relieves a defendant of intent. But he wants basic concept of insanity defense kept. Your Wish Come True Years Best Meteor Shower Visible The most spectacular meteor shower year, bringing an average of 50 shooting stars per hour, should be visible this week, with the best viewing on Wednesday night, according to Hansen Planetarium gallery attendant David Schaffer. of the The Perseid Meteor Shower, so named because it appears to emanate from the constellation Perseus in the northeastern portion of the night sky, will be visible from Monday through Friday with its peak Wednesday night. The best time for viewing occurs after midnight. Some meteors will be visible from tbe city but the best viewing by far is away from the city lights, either in the mountains or west of Salt Lake Valley, Mr. Schaffer said. Planetarium director Mark Littman said the meteor shower will peak Wednesday when the earth will be closest to the center of the swarm of comet particles. Mr. Littman said the Perseid Meteor Nothing Serious By Dan Valentine WHERE DID ALL THE HUMMERS 'GO? One of the reasons life was more pleasant back in the good old days is because more people hummed. Today, hardly ever anyone hums. few Very hum these people days. And the people who do hum are members of the older generation. This usual. is Back un- in the old days, Dan V alentlne everybody hummed . . . Housewives hummed when they worked . . . ACCOUNTANTS hummed as they totaled up figures . . . Shoemakers hummed . . . Tailors hummed . . . Farmers nummed. Schoolboys hummed on their way to school . . , and they hummed on the way back. Now, nobody hums. One of the reasons for this lack of humming is that the popular songs practically Dies After Accident Teen-ag- er A Salt Lake City man injured Friday afternoon in a motorcycle accident died late Friday night. A University of Utah Medical Center spokesman said Frank J. Meuhlmann, 2136 S. 1900 East, died at 11 52 p.m. Mr. Meuhlmann was injured when the motorcycle he was driving collided Alfred with a car driven by R. Hanke, 805 Kensington. The motorcycle struck the car at the right front wheelwell, said Salt Lake City Police Lt. Benny Jensen, and Mr. Meuhlmann flipped off the bike onto the pavement, sustaining massive head injuries. The accident occurred at 5:30 p.m. rni'y in the intersection of 900 East nd !xgan Avenu(1610 South). : The next large meteor shower, the Orionids Meteor Shower, is expected to peak Oct. 21, according to Mr. Schaffer. Prof. Ron Boyce Current Law Vague Interpreting Requirements The problem, Professor Boyce noted, a judge or jury has a difficult time interpreting the requirements of the substantial capacity test. What is a substantial capacity? Or what is asked Professor Boyce. wrongfulness? For that matter, what is a mental disease or defect? In Connecticut, for example, the court has Ted L. Cannon Look for Debunker her husband was tried before a judge and not a jury, he said. 'A Disadvantage Its a disadvantage to use the defense, Mr. Athay continued. "Youll be worse off. The net effect is that your client probably will spend the rest of his life in a mental hospital, since doctors are reluctant to rule a person sane after he has been found to be insane in a court of law. In fact, he pointed out, a person found not guilty by reason of insanity usually will spend more time in a mental hospital than he would have spent in prison if he had pleaded guilty to the original crime. The plea, although rarely accepted by a jury, often convinces a jury to reduce the degree of the crime. They take into account the defendants state of mind which serves as a mitigating factor, he said. Although Mr. Athay opposes doing away with the law, he said he would like to see it streamlined or updated. I have no objections to changes in defining insanity itself, he said. We need input from the psychiatric field in eptti"g out 8 definition of insanity and what relieves a person of intent. For too long the law has been defined by lawyers with no input from the medical field. They need to be involved because were dealing with a medical problem." But he sees changing the basic intention of the statute or doing away with it as dangerous." Dangerous Inroads I've always been taught that a person must be able to form the intent to commit a crime in order to be proven guilty, he said. Changing the law is tampering with the fundamental principles of the law. Id hate to see those kinds of inroads made. Putting on an insanity defense is difficult, he said, because the prosecution will bring in psychiatrists of its own and the courtroom becomes the scene for a "battle of the experts. This confuses the jury, but then again thats why we have juries in the first place. They have to decide who to believe, who is telling the truth, he said. Professor Boyce favors the adoption of a simpler insanity law which would do away with the "ambiguous and ethereal language contained in the substantial capacity test. Id like to see it read something like: It is a defense to a prosecution that a defendant, as a result of mental disease or defect, lacked the state of mind required as an element of the offense charged. He explained that almost every criminal statute has included in it a specific state of mind or intent which must be shown before a person can be found guilty. In theft, for Insance, it is See Page B-- Column 1 2, Art Lovers Jam Park City for Gala Dan Valentines Editor's note: This Is one of Dan Valentine's favorite past columns. Shower is believed to be debris from the Swift Tuttle Comet, which was first charted in 1862. Meteors can occur from any debris in space but showers are usually associated with comets because the swarm of particles needed occurs when a comet composed of ice and dust particles passes near the sun, melting the ice and releasing the particles. Tampering With Principle Defense attorneys, however, see tampering with the basic concept of the insanity defense as tampering with a fundamental principle of criminal law that a defendant must be able to form the criminal intent to commit a crime before he can be found guilty. And they find it alarming that the move to change the law falls in the wake of the public outcry over the Hinckley ruling. Any time we react in anger or frustration to one single event, we often find later that the change is an unfortunate thing," said former Salt Lake County Attorney Paul Van Dam, who now is a defense lawyer in private practice in Salt Lake City. Utahs law, as is stands now, says a jury or judge must find a person not guilty of a crime If, ", . . At the time of the proscribed conduct, as a result of mental disease or defect, lacked the substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law." The law closely parallels the District of Columbia statute used in the Hinckley case, says Professor Boyce. And, when it is used, Utah juries confront the same problems as the panel that acquitted Hinckley, he said. Mr. Athay said he has raised the a number of times, and cnly once has a client been found not guilty by reason of insamty And that case involving a Park City woman who in 1979 attempted to hire a hit man to kill dense By Cathy Free Tribune Staff Writer PARK CITY If youre in the market for a handmade 1820s style broom, toy wooden dragon, willow chaise lounge or a good time, the Park City Arts Festival offers these and more. More than 30,000 art lovers headed for the hills Saturday for the opening of this years festival. They didnt seem to mind wading through a sea of hands, legs and elbows as they worked their way up and down historic Main Street, looking at the many exhibits. People tried not to bump into one another with hot dogs, ice cream and hamburgers while dodging in and out of booths. - these days are not hummable. Its almost impossible to hum the current crop of rock and roll songs. They have no lilting melody. ANOTHER REASON for the lack of humming these days is that so many people are so culturally advanced. Back In the old days, most folks had not been touched with upper-strat- a culture. They didnt feel bad about humming a tune like, Down by the Old Mill Stream . . . But nowadays, folks have been to college, and they go to the symphony concerts and they are ashamed to like any kind of low brow music. They prefer Beethoven and Wagner. Well, the truth Is, although Beethoven and Wagner knocked out some good stuff, you cant hum em. Cars were parked up and down the highway entering Park City and neighboring streets were jammed with cars. Free shuttle buses transported visitors to and from Main Street. A $1 admission was charged for the first time this year in lieu of park, shuttle bus charges of previous years. Festival director SeanToomey called the best ever, this years festival citing 235 artists, 28 musical acts and to food ranging from Chinese won-ton- s shish kebab. "We had over 650 artists and 100 musical groups submit applications for the festival this year," he said. We of these. I d could only pick think the festival has really improved one-thir- over the years. Artists love to display their work at the festival and the public loves to buy it because its original and one of a kind. Almost anything imaginable could be found at the festival, including homemade quilts and pillows, drums, macrame wall hangings, pottery, glass vases, leather purses and clothing, silk scarves, earrings, bracelets, necklaces, rings, wooden toys and of course, paintings, ranging from watercolors to paintings etched on glass. Artists were at the festival from states. Barbara 22 Bennett, Sequim, Wash., had one of the more popular exhibits with her handmade brooms. She uses broom com from Oklahoma to make the sweepers. Ive found that things last longer when theyre made the way, she said. Thats what is so unique about this festival. Nobody takes shortcuts to complete their projects. All of the artists, including myself, spend a lot of time making these things the best way they know how with their imagination and a lot of hard work. Kathy Doll, Logan, had a colorful wind-sock- s display that to pause caused many festival-goer- s and ask if she was selling kites. Wind-sock- s are actually used as wall hangings or something to hang out of a window just for the fun of it, she said. Japanese Try to hum a Beethoven tune, and you Hum Wagner, and you lose your teeth. sound like youre gargling. If more housewives hummed while they went about their household chores, they would be more relaxed when the old man came home. As it is, without humming, they are uptight. This also works for the husband. Husbands should make lt a habit of humming a few songs driving home from work. If they did, they wouldnt be so tension-packe- d when they came through the front door. One of the reasons people dont hum anymore is that old devil television. It is hard to hum and look at an old movie at the same time. But folks should try to hum during the commercials. To get the full benefits of humming, one should hum songs of his or her childhood. Thats the purpose of humto retreat back to your ming childhood for just a few minutes and get away from the present cares of the day. If you hum a tune from your high school days, you return symbolically to your high school days ... This helps you relax . . . So, OK, dont everybody just sit there. Start humming . . . Down by the old Mill Stream . . . hummmm . . . hmmmmmmmm hmmmmmmmmmm. . . . ' SAM, THE SAD CYNIC, SAYS: Remember back to the old days when just having a new garbage can in a neighborhood was a status symbol? Tribun Hot weather didnt keep over 30,000 people from attending the Park' City I vj Arts Festival Saturday. Over 200 artists and 28 musical groups bad booths and Staff Photo by Frink Partchtiis stages lined up and down Main festival continues Sunday at Street-Th- 10 e a.i. |
