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Show t tVP The 2C Ml Lake Tribune Friday March 4, Appeals Exhausted, Justices Tell Killer 1 I The Utah Supreme Court ruled Monday that a convicted murderer who previously appealed his conviction cannot continue appealing unless a substantial error in the case or appeal has been made. The high court ruled that Gypsy Allen Codianna would remain in prison despite a contention by the man that he was being held unlawfully in prison. In an opinion written by Justice Dallin Oaks, it was noted that once the appellate process had been exhausted, it was in society's interest to require a finality of judgment. The justice said that finality would severely limit the repetitive appeals and collateral attacks" of the judicial process. The ruling was concurred in by Chief Justice Gordon R. Hall, Justice Richard C. Howe and 2nd District Judge Calvin Gould. Justice Daniel I. Stewart agreed with the result. Codianna, who has filed a number of appeals with the Utah Supreme Court and district courts, was convicted by a jury in 1975 of the April 9, 1975, shooting death of a Price man. judge vacated the death sentence based on an evidentiary hearing in which it was discovered that the county prosecutor withheld information from the defense attorneys. Third District Judge Dean E. Conder ruled that former Carbon County Attorney Ron Boutwell failed to disclose crucial information to the defense lawyers regarding testimony elicited during the penalty phase of the trial. Judge Conder said testimony of one of two prosecution witnesses used during the penalty phase of the trial was contradictory. The judge said since the prosecutor did not inform the defense attorneys of the contradictions, the testimony was patently unfair" to the defendants. That witness was later charged with and convicted of perjury. The judges decision vacated the death sentence, but let stand the conviction. In making his latest appeal to the court, Codianna contended that he was being held in prison illegally because of errors made by the court and his attorney. Michael Thomas Hogan was Nelson, Larson Win U. of U. Election dragged from his home by three men the night his body was found in a canyon west of Price. He had been shot 13 times with a .22 caliber weapon. Three men, including Codianna, were arrested the night of the shooting. The murder weapon was found in the car in which the three were traveling. The trio Codianna, 33; Irvin P. Dunsdon, 40, and Craig Marvel, 35 pleaded innocent to the offense and were subsequently tried before the 7th District Judge Edward Sheya. A jury convicted the three, who were ordered by the judge to die by firing squad. Following several stays and appeals by the three, a district court of Natural History director, will be in Taiwan through Friday to give lectures and consult in planning the Republic of China's National Museum of Natural Science in Taichung. "I am gratified to be able to share the museum expertise we have in America with people who are very eager to learn it, Mr. Hague said. "At the same time, it is an opportunity to arrange future materials exchange between our museums. While out of the country, he will conclude an exchange of specimens with the National Science Museum in Tokyo. A full dinosaur skeleton from the University of Utah is on display in Japan. njuirTn' ytatfirw-iiiiriiif- (j)i'"ii'afMBTtll1f i Closing Indian School Makes Sense vhkto'iid" an Donald V. Hague, Utah Museum i, Interior Official Says After Tour Museum Director 1983 i.Bi Special to The Tribune Kent Smith, BRIGHAM CITY assistant secretary of the Interior, said here Thursday afternoon at the Intermountain Inter-tribschool, "We are spending $33 million for 3,280 students and common sense tells me I can close three or four schools and still accommodate everyone. Mr. Smith said before ordering any boarding schools to be closed he wanted to visit each one before making a decision. Mr. Smith said, We made a tentative decision early in the year to School and close Intermountain three others. That was our tentative decision and we have not made the al final decision at this time, but I am going to have to make that decision in the next several weeks. His staff will be making recommendations to his office, Mr. Smith explained, and our facilities management people also will make recommendations. I also will receive input from education and social services people." Schools in Phoenix and Riverside, Calif., could accommodate the 200 students who would be displaced if Intermountain School closes in May. Mr. Smith stated there are no funds for Intermountain School in the 1984 budget and if the school stays open, the Bureau of Indian Af- "It becomes a budgetary matter and the B1A can accommodate the students with less schools. He explained, Facilities are the big key in keeping a facility open. If and when the BIA leaves here, then the General Services Administration takes over the property for management Facilities here are in question. Mr. Smith noted Brigham City has golf asked for acreage for an course. He said the Department of fairs would have to absorb the cost. the Interior is working with Brigham City on that request but said he has not had a chance to review a letter from the Utah State Building Board inquiring about the use of excess buildings on the campus. MLY DAYS March 4th and Friday, Saturday, March 5th University of Utah students Mark Nelson and Liz Larson garnered 721 votes from their constituency of 24,000 students to win the Associated Students of the University of Utah presidential and vice presidential election, according to final results released late Thursday. President-elec- t Nelson and vice Larson will be in president-elec- t charge of about $9 in fees from each student. They defeated the teams of Mary Ellen Mumjn-Crai- g Embly (483 votes) and Conway Snyder-DoMcDermott (27Q votes) n Fathers Lawsuit Blames LDS for Sons Suicide - ROJSE (CPU The Church of Jesus Christ of Latter-da- y Saints is the target of a $28 million lawsuit filed by a former Boise resident who claims church officials are responsible for the suicide of his son. Eugene Eliason, who now lives in Salt Lake City, filed documents in 4th District Court this week charging that Mormon bishops and teachers counseled his son. Kip, on sexual matters and ultimately caused the boy's suicide. In court documents, Eliason accused bishops, teachers, pastors and counselors of trying to intimidate the teen-age- r and of making him unable to deal with his sexual desires. They told him that his sexual desires must be repressed, and that one must not be guilty of tampering or playing with this sacred power of creation," says the suit, which does not name specific church officials. The suit says the youth made two unsuccessful suicide attempts after he joined the church in 1970. He became an ordained priest two months before his death. Eliason, who is not a Mormon, said the boy was damaged by warnings that masturbation would lead to guilt, depression and homosexuality. This amounted to an intentional attempt at mind control through intimidation and brainwashing techniques under the guise of spiritual teachings." the suit said. Kip took the (church) teachings literally and became increasingly concerned, worried and depressed with the churchs indoctrinations," the suit says. But being a normal adolescent, he became increasingly less able to reconcile his sexual desires." Eliason says church teachers caused the boy to become suicidal-l- v depressed because they did not have adequate training in counseling. The suit seeks $25 million in punitive damages, $2 million in general damages, $1 million for emotional distress plus attorney fees and medical and burial costs. Mormon Church officials said they were unaware of the suit and could not comment. All o washers, dryers, refrigerators, freezers and ranges, Limited to stock on hand. Blocked Kivcr, Hoads Road Crews Clear Slide Debris o - Crews have day and crossed Provo River but did PROVO (AP) cleared snow and rock slides that not reach the highway. Both blocked fell on roads in Utah County, a Utah the river, but the water quickly cut Department of Transportation offi- holes in them, he said. cial said. In Spanish Fork Canyon, a rock Crews worked for two hours slide came down near Thistle JuncWednesday afternoon to clear a tion on U.S. 6, Taylor said, but it only snow slide in Provo Canyon, said J. covered a small part of one lane of Myron Taylor, District 6 maintetraffic. nance engineer. Some of the rocks were the size of The slide closed both lanes of trafautomobiles, he said. The smaller fic above Deer Creek Dam. It was rocks were cleared from the highabout 50 feet wide and 8 to 9 feet way with heavy road equipment, but deep, Taylor said. at least two had to be blasted to Two smaller slides slipped off the break them into smaller pieces, he north rim of Provo Canyon Wednes said. -- that appears on any appliance ticket . . . EXAMPLE: Y. to Offer Training Program For Would-B- e Private Pilots Special to The Tribune In response to numerPROVO ous requests Brigham Young University will offer a training program for those interested in flying private planes. Provoan, 60, Dies In Crash, 1 Hurl HATCH, Garfield County (AP) Provo man died Wednesday after the vehicle he was riding in was sideswiped and forced off U S. 89 near here, the Utah Highway Patrol said. Killed was Ross S. Esplin, the patrol said. Six passengers sustained minor injuries. The patrol said Esplms auto was struck by another vehicle as it attempted to pass a semitractor trail er truck. The other vehicle also struck the truck, the UUP said. No other injuries were reported In the 4 40 pm accident A i "Pilots can learn to fly the skies safely and satisfy the requirements to take the Federal Aeronautics Administration examination for a private pilots license by enrolling in this course," said Dr. Ralph Larson, administrator in Conferences and Workshops. The two-da- y off the regular price 25 Regular price Less 25 499.00 You pay This is an 374.75 124.75 example only Acceler- 25 ated Private Pilot Ground School course will be taught in 277 Conference Center from 7 a m. to 4 30 p m. on March 5 and 12 Tuition for the course is $60. "Tuition is much less than for similar courses taught in this area." Dr. Larsen said The class will include instruction in principles of flight (aerodynamics), airplane limitation (weights and balance); aircraft engines, instruments, and performance; weather reports and fore off the regular price Merchandise advertised is not available outside our normal delivery area. Small charges for delivery within normal delivery area. Phone your JCPenney store for details. casts; sectional charts, radio navigation and communication, basic navigation, and federal aeronau tics regulations. The cost of the An man's Information MainiJ is included in the tuition fur the course. Downtown Salt Lake Cottonwood Mall Valley Fair Mall Bountiful Orem-Unlversi- ty Mall |
