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Show By Carol Sisco Tribune Staff Writer A Price man wants a refund for child support he paid until he child wasn't proved his his. But the state says he can't have Mrs. Wilde said a receptionist refused to tell her who the Provo director was when she called After Paternity Disproved Only Part of Story Provo manager Lee Stevens said his office did deny the refund but that's only part of the story. The divorce decree ordered him to pay $100 monthly for the child but provided he could have blood tests done if he felt it wasnt his. That was five years ago." Mr. Stevens said his office thinks Mr. Wilde had an obligation to support the baby until he proved it wasn't his. 's State Denies Support Refund it. Jan Wilde started paying child support through the state Office of Recovery Services in 1977, but stopped payment in 1981 when his former wife refused to take blood tests proving paternity. The ORS office finally got. Mr. Wilde's former wife to take the tests which indicated the child was not his. His case went to the state Supreme Court before his divorce decree could be amended to say he wasn't the father. Recovery Services agrees that Mr. Wilde doesn't owe any more child support but says a refund isn't due. Our thinking is that the judge ordered him to pay support until he got a blood test," said Vern Marble, state ORS assistant to the director. however, says the court order nullified paternity "from the date of the divorce which was one month before the child was born. While Mr. Wilde got a court order saying he isn't the father. ORS wasn't a party to that case, Mr. Marble said. We can't resolve it without a hearing because it's a judicial matter, he added. "Our action was based on a stipulation he signed with us agreeing to pay child support. I never did think the baby was mine but. there wasn't any way to prove it, Mr. Wilde said. My law Mr. Wilde, yers said regular blood tests only had a one in nine chance of proving anything." Refused Tests e He paid until August 1981 when his former wife still refused to take blood tests mandated by the di- vorce decree. Mr. Marble says there would not have been a problem if Mr. Wilde had taken the blood tests when the baby was born, but Mr. Wilde counters that he couldn't prove paternity unless his wife also took blood tests. Courts ordered the the former Robin Jewkes of Price to ex-wi- inpay Mr. Wilde $1,500 plus legal terest on support payments he made directly to her. But the court said he must go to ORS for money paid to them. If the court orders ORS to refund the payments. Mr. Marble said his office will pay. try to determine who the father is and try to collect back support payments from him Cant Undo Order Meanwhile, we will try to set up a meeting beteen the Wildes' attorney and one that would represent us to try and talk out our differences, he said. But I cant undo a judicial or der," Mr. Marble said. His court order would have to be amended to include his claim that he should have the money refunded before we could do anything." w Mr. Wilde and his present wife. Lisa, say ORS hasn't cooperated well with them. He hasn't owed anything since he had the blood tests, the opportunity was there for him to take them At one time the Provo office said we weren't paying and that they'd garnish 50 percent of Jans pay checks if we didn't pay," Mrs. Wilde said. I had the receipts that we had paid. I called the Price office, they photocopied the receipts and we didn't hear anything else. (Provo handles the Price cases.) sooner." The couple wants to take case to court but said they afford it yet. "We are going to take it to in January to ask ORS for fund, Mrs. Wilde said. their can t court a re- Jury Finds Monson Innocent By Mike Gorrell Tribune Staff W'riter A jury deliberated for slightly more than one hour Friday and found Salt Lake County Treasurer Arthur L. Monson not guilty of violating the Utah Public Employees Ethics Act. n The two-majury returned the verdict shortly after 9 p.m., concluding three days of testimony. Seven witnesses, including Mr. Monson, were called on the final day by the defense, which maintained the treasurer was being prosecuted on the misdemeanor charge for political reasons by Republican County Attorney Ted Cannon. Mr. Monson is a Democrat. Mr. Monson was charged with using his office to secure special privileges for a small drywall business, Monson Development Co., in which he and his son, Dan, were partners. The prosecution also alleged the business interfered with the efficient operation of the department. The treasurer, who has been on a paid leave of absence since May, took the stand in his own defense Friday afternoon, stating it was common knowledge" in county ' .government that administrative assistants and confidential secretaries could be used for the personal business of their bosses, and that they , j frequently were. Earlier in the day,- Mr. Monsons chief dejfiity, Lonnie Johnson, said the treasurer s office was the most efficient in county government and that he "never saw merit employees used by Art Monson for personal or political reasons during business , hours. n, ' - Defense Attorney Ronald Yengich argued in his closing statement the County Attorneys Office provided no concrete evidence that Mr. Monson had obtained special privileges nor that the work which his confidential secretaries did for Monson Development interfered with the office's operation. "The facts indicate, not only that Mr. Monson is not guilty, but the facts show he has been vindicated; that he is being prosecuted by two vindictive employees based on promises made to them by our county attorney, Ted Cannon." Mr. Yengich said. to testimony provided earlier Friday that the prosecutions two key witnesses, Sandra Knudsen and Rod Dahlberg, both employees in the treasurer's of-- , fice, felt they stood to improve their Monson and Mr. positions if Johnson were removed from office. In reality, Mr. Yengich said, the county attorneys case is permeated with doubts from its roots. All the prosecutor proved, Mr. Yengich See Page Column 6 He was referring B-- north from Wasatch Bou- levard over Interstate 215, shows the snow and This picture, looking esterday's Chuckle It is a great kindness to trust people with a secret. They feel so important while saying it. i slush that made travel difficult on roads Friday, The major storm that dumped snow on the ma- - By Natalie Mayfield Tribune Staff Writer The official start of the Christmas shopping season met with uncooperative weather Friday, as wet, heavy snow and wind was reported throughout much of Utah, but many anxious to get a head start on their shopping braved the weather anyway. The storm that arrived around midnight Thursday dropped quite a bit of snow in the mountains, but temperatures in the upper 30s and 40s kept it too warm to snow in the early morning hours. First snow in the valley was reported at 5:30 a m. Friday, and continued to fall intermittently throughout the day. Murray police reported that traffic around the Fashion Place Valley Fair Mall was jammed, and there were numerous minor accidents and hit and runs, because of slick condi9400 South Problems Sandy police reported traffic problems on 9400 South as skiers headed up to the slopes, anxious to n ski on the snow, but those new-falle- ar without snow tires or chains didnt get too far. Big and Little Cottonwood Canyons were snowpacked, with low visibility, and snow tires were required for those entering Big Cottonwood Canyon. Little Cottonwood Canyon was opened only to or those with chains during the afternoon Friday, and was completely closed at 11 p.rn. Friday night, according to the Salt Lake County Sheriff's Office. It was unknown when it would be reopened. State Route 73 in Tooele, from the SR36 Junction to the Utah County Line, Was closed Friday because of blizzard conditions. All mountain passes remained open, but were reported to be snowpacked with poor driving conditions, and travel was not advised. New Calvin U.S. Gould Magistrate jority of the state helped the ski industry, but also caused numerous problems for travelers. By Joe Rolando Tribune Staff Writer Not even a blustery winter snow storm could impede the traditional heavy customer traffic at major Salt Lake area places of business Friday when the Christmas shopping season officially began. A manager of one of the valleys five major shopping malls even considered the storm a blessing of sorts in disguise. Its kind of good because it puts people in a holiday spirit. observed Dick Flack of Valley Fair Mall. "And it makes it so dreary outside that they want to get out of the house and do something like shop. Trial Judge By Charles Seldin Tribune Staff Writer A trial judge from the state's northern judicial district will become Utah's federal magistrate. Chief Judge Aldon J. Anderson, U.S. District Court for Utah, announced Friday. Second District Court Judge Calvin Gould, a 1953 graduate of the University of Utah Law School, will replace Daniel A. Alsup, who announced his retirement earlier this year, but agreed to remain in office until a replacement could be found. The appointment will become effective at an as yet unspecified date near Jan. 1. Judge Gould is the presiding judge for the district, encompassing Davis, Weber and Morgan counties. $18,000 Pay Increase In accordance with the switch from state to federal court, he will receive an $18,000 increase over his 1 High winds plagued much of the area, and the reported high winds and a warning to high profile vehicles not to travel that way. Winds from Ogden to Bountiful also caused problems as drifting snow obscured vision, but no serious accidents were reported. Temperatures above freezing turned much of the snow to slush by Friday afternoon, but as nightfall Blustery Winter Storm Doesnt Deter Christmas Shoppers in S.L. Valley Gould Named Utah Magistrate Judge ' Yule Shopping Season Off to a White Start 13-Ye- ! i Wind and Wet, Heavy Snow tions. Y i present salary of $45,000. magistrates duties are generally associated with pretrial matters, although he can preside over a trial if it is given to him by a federal judge. Judge Gould said he welcomed the opportunity, which will be an interesting new challenge. He said state court duties had become the same Test of Sincerity A ." A distinguished trial judge during his years on the state court, Judge Gould is best known for the controversial ruling he handed down in the Ogden Eagle Adult Book Store case of 1978. At the time, he sentenced a store clerk. Luana Hall Haig, to five years in prison for selling an obscene magazine. However, he agreed to suspend the sentence if the book store would, in turn, agree to close permanently. In handing down the sentence, Judge Gould explained that it was designed to test the sincerity of bookstore owners in protecting their employees. The store closed a few months later and the woman, who had appealed, remained free. Judge Gould, however, was widely questioned on his decision due to the ransom provision inherent in it. There was also speculation that controversy generated by the decision may have cost him a federal judgeship when Willis Ritter died later that year. Judge Gould was believed to have been a candidate for that position, which was filled by Judge Bruce S. Jenkins, a federal bankruptcy judge. Judge Gould was an assistant Ogden city attorney from 1956 to 1958. and a deputy district attorney for the 2nd Judicial District from 1959 to 1963. He was originally appointed to the bench by then-GoCalvin L. Rampton. But Mr. Flack indicated the snow could have had a bad effect on business if it had stuck to the ground, creating among other things, worse traffic problems. That could have adversely affected the annual came upon the city and temperatures dropped, black ice became a problem with roads extremely slippery. Some mountain areas received over two feet of snow, and Vernal reported eight inches. Brigham Young University Climatologist David James said that Provo received 3.95 inches of precipitation during the month of November. The previous record was 3.5 inches in 1900. Only 4,000 people, less than half the normal crowd, showed up to welcome Santa and officially open the Christmas season at the parade in West Valley City, daunted by the cold, wet weather. Police there reported moderate traffic, with a few accidents. Didn't Dampen Spirits But although it was cold and wet, the weather didnt dampen the spirits of those who came to see the annual lighting of The Tribune Christand mas Tree (see story, Page A-city lights and the lights of Temple Square. The program that accompanies the turning on of the lights on the square was forced to move inside because of the weather, but according to a spokesman, people inside the North were Visitors Center. the "They are here to kick-of- f start of the Christmas season. Maybe a little snow makes it all the more festive, she said. Travelers advisories and winter storm warnings were in place throughout much of Utah for Friday evening, and the storm is expected to continue to drop snow on and off throughout Sunday, according to the National Weather Service. But they say they brunt of the storm passed over Friday. l) Christmas parade to the malls parking lot from Granger High School which he said went well. Manager Steve Naval said he was sweating out the arrival of Santa Claus in a helicopter at Cottonwood Mall Friday morning because of the wintery weather. But he said the mystical man from the North arrived on time. Most of the managers said they were unable to assess whether business was brisk at the various shops in their malls until Friday's tallies were iri. But they claimed that customer traffic was as heavy or heavier than the start of the Christmas shopping season last year. A similar assessment came just before noon from Joseph Anderson, president of ZCMI, who said he had been keeping track of sales all morning. Its a big day for us . . . We started out well. So far at our four stores along the Wasatch Front sales are ahead of last years. The stores Mr. Anderson was referring to are downtown and at the Cottonwood, Valley Fair and University malls. The latter is in Orem where Mr. Anderson noted heavy snowfall made it difficult for morning customers to park until the lot could be plowed. Carl McGavin, general manager of the Crossroads Mall in downtown Salt Lake City, said its kind of diffi-Se- e Page B-- Column 1 wall-to-wa- ll |