Show M 4'&q010'V'-V0°100'06''wAfre- 1 CB2 LOCALREGIONAL The Salt Lake Tribune Saturday September 14 1991 Mother Says Keep Killer's Cohort Jailed street was convicted of two counts By Stephen Hunt THE SALT LAKE TRIBUNE DRAPER — Before addressing the Utah Board of Pardons about the murders of her and son Jodi Tillett placed a framed picture of her son on the oard room table Then Ms Tillett began sobbing while relating how her Don Newingham and their son Shane Newingham 18 were stabbed to death She asked the parole board to Richard David keep Gabaldon imprisoned as long as possible for his part in the crime "He's got to pay his dues" Ms :Tillett said during the Friday hearing The Newinghams were killed June 10 1990 at a party at Gabal-don'Salt Lake City home Fred Alvarez 17 was convicted of murder in the stabbings and is serving a life prison term Gabaldom convicted of kicking the men as they lay dying in the - s of aggravated assault and is ing two consecutive prison terms ton The decision serv- Both men were originally charged with capital murder Gabaldon's charges were reduced after he agreed to testify against Alvarez Ms Tillett — who expressed outrage last year after prosecutors made the deal with Gabaldon — said Gabaldon has received enough breaks "All 1 can say to Richard is The system has given him all the justice he deserves" Ms Tillett said "I think it's time justice was done to my family" She said her daughter suffers nightmares and her 14-son has also been traumayear-ol- i z v is not final until ratified by at least two more board members Gabaldon who appeared shocked at the distant release date reminded Mr Peters "This is the first time I've been in trouble ever" Mr Peters acknowledged that Gabaldon has a clean record and is a model inmate "If not for that I would have recommended expiration of the sentence" Mr Peters said Gabaldon said he would not have kicked the victims if he had known they had been stabbed "During the fight I was hit so I started fighting back" Gabadon said "It all happened too fast" The Newinghams went to the party looking for friend Alvarez told them to leave sparking an altercation Alvarez pulled a knife and stabbed Don Newingham 10-ye- to '""It Richard n bald on baldon ters said Gabaldon will be released from prison on April 14 1998 after serving seven years of sentence his Mr Peters said he wanted to give Gabaldon time to repay some of the nearly $17000 he owes Ms Tillett and her family in restitu d tized Both children are in therapy 10-ye- sentenced to life" she said sobbing "We hurt so "My family is bad" Parole board member Bill Pe three times When Shane Newingham came to his father's aid he was stabbed four times Lawyer: Insanity Guidelines Unconstitutional tional rights of silence and right to counsel" Mr Bradshaw said Tomas Herrera 31 has pleaded innocent — although not by reason of insanity — to charges of homicide and attempted murder He is charged with killing the mother of his three children and firing several shots at the victim's mother and brother He is in the Salt Lake County Jail awaiting a trail date If convicted he could receive a senfelotence of 5 years to life for the ny count 15 years for each of two second-degrefelony charges of attempted murder Mr Bradshaw says the law drops the safeguards of having a defendant examined by two psychiatrists and lacks adehealth evaluation standards mental quate A defendant claiming insanity is now examined by a doctor contracted by the Department of Human Services from a list of medical per By Walt Schaffer THE SALT LAKE TRIBUNE Utah's new guidelines for determining mental illness in criminal cases have eliminated the insanity defense and are unconstitutional says the attorney representing a man charged with murder Public defender James Bradshaw told 3rd District Judge John A Rokich that the revised guidelines are "the most restrictive in the nation in limiting the right to plead insanity" He made his arguments Wednesday during a hearing on his motion challenging mental-healtprocedures for criminal defendants A ruling on the motion is expected Oct 30 "If my client changes his plea to not guilty by reason of insanity he must turn himself over to the Utah Division of Mental Health for an immediate examination and waive his constitu first-degre- sonnel bidding for the work Under previous law a defendant would be examined by two psychiatrists appointed by the judge and defense and prosecuting attorneys "The decision to appoint only one doctor on a contract basis is supposedly the result of a state decision that too much money was being spent on mental health cases" Mr Bradshaw said Dr Breck LeBegue a University of Utah doctor testifying for the defense said the current evaluation process sets no standards for the choice of a doctor and contracts with an agency rather than an individual reducing quality assurance Dr LeBegue said he hasn't signed a contract with human services because of a "lack of criteria and protocol in the standards of e e h court-ordere- d MIMOUOINEEN Saturday's Weather A for noon Saturday Sept 14 The State Forecast Lines An upper trough over Utah is expected to move east of the slate this morning Drier norinwesterty airflow is to beexpected aging the weekend which wifi wisk most storm octivity awoy from the state Fair to party cloudy skies ore expected for today except to a few isolated showers or thundershowers in the mountains Temperotures ore expected to be a little wormer this afternoon on to tonight Winds ore expected to be minimol it at all Any storm actrvity is expected to occun in the evening hours and at higher etevafions or in the mountain meas Days will be mild and seasonal temperatures are expected to return to the state today Recreational areos will have mild weather Daytime highs will go up to the low 70s to mid 80s Overnight lows will settle into the 40s and 50s 411111A By Douglas L THE SALT LAKE TRIBUNE separate high temperature zones by the day s Oil 6Cts r '' 7os Algimy0- 60s University of Utah professor - °I'll' FAIOZ"--2'01161- lit H forecast temperatures throughout the state oplorjAis- Ii1111151101 k ft): 90st Standing 7650 Cedar city 80413 Green River 8246 7344 MacD 644 09S9s 7348 Prove 75149 Sait Lake City 7551 Vernal 7242 Wendover 7254 $t George 9158 Logcm k k k Air Pollution Index wp k k 111 FRONTS: 'TIP" JILL Highest air pollution figures for selected cities Source— moderate Utah Health Dept 0 good 0 hazardunhealthful 200-29- 9 very unhealthful ous (0Z—ozone CO—carbon monoxide PA—RespiraSalt Lake City—PA 40 ble particulates Provo—CO 33 Ogden—CO 22 and Davis counties-0Z 33 Utah County—OZ 42 Weber County-- 07 42 COLD ri H Si NCH LOW "Air STATIONARY WARM stv ESS &OWENS RUN 01991 M EI TSTORMS FUMES SNOW CE SONNY Inc IL ‘2 aouoy PT d Policy-maker- Expected Temperatures Selected government officials home Friday from a Salt Lake City convention with an admittedly oppressive view of ethical behavior Ethics for those in public service is he counseled s may be viewed as responsible for inaction as well as wrong ethical actions So in pursuit of the public interest ethical governments should tilt actions toward helping the most disadvantaged in society Mr Williams said Starting his 40th year as a political scientist Mr Williams was a speaker at the 84th annual convention of the Utah League of Cities and Towns He attracted an overflow crowd to a workshop lec-ture Ethics in the Promised two-side- 90s CLOUDY I lacatiod "um Land" Area Forecast Northern Utah Forecast — Wasatch and Great Salt Lake Desert — Skies will be overcast with partial cloudiness at limes otherwise skies will be fair Days will be mild and seasonal temperatures will return Along with the warming trend the land will be allowed to dry out Highs along the s with Wasatch Front will be in the lows in the lower 50s Uinta Basin — Skies will be overcast with partial cloudiness in the afternoon hours Otherwise skies will be lair Days will be mild and seasonal temperatures will return Daytime highs at Vernal will be in the lower 70s with overnight lows in the lower 40s Cache Volley — Skies will be overcast with partial cloudiness al times Otherwise skies will be fair Days will be mild and seasonal temperatures will return Daytime highs at Logan will be in the lower to mid705 wilt) overnight lows in the mid-4Southern Utah Forecast — Sevier Valley — Skies will be overcast with partial cloudiness in the afternoon hours Otherwise skies ore expected to be talc Days ore expected to be mild and seasonal temperatures will return Daytime highs at Richfield ore expected to be near BO with Front mid-70- overnight lows in the mid-40- s Southeast Utah — Skies will be overcast with partial cloudiness in the afternoon hours otherwise skies are expected to be fair Days will be mild and seasonal tern Weather Summary Intermountain 7—Trom VS—Sormllorf Yostrdays Condihoos L N PmeiP Utah Alto Blaming B(omCJy Bryce Canyon PA M hi 71 65 SO 01 44 32 Cedo Cy CoaMie 76 45 66 33 Dello M 45 Flornore M M Horning Gorge Green Rfver Honksville Rsber City HeloeF Hoge Zoo Konob 63 77 $O 43 47 41 72 36 66 70 49 45 M M 71 43 69 37 75 04 60 40 town Movoy milord Moot mid-80- Ely Los 04 03 Vegas Reno IS Winnemucca Virmin9 Casper Cheyenne 13 M M 64 65 43 45 Snne Idaho Fans Pocatello Sexbuig Twel Fon Montana Denvei 76 Grand Junction et 52 52 15 01 02 Amsterdam Amens M M Cora 67 72 62 47 SI Dub)I M 44 47 lake Coy Soonisti Fort St George Tooeie Vernal tienocver Zion Nat Po MI 51 56 Nichtest Bistnatck 41 43 33 Yei1ow5tone 70 Solt Angeies Portland San Diego Son Francisco Seattle 55 57 W begTng twin Geneva 1 02 16 Honn Kong London Modnd Mexco Cay Moscow Nottot) 42 45 53 Pons 58 Tare° Porne Sydney Pacific States Anchorage Fairbanks Honolulu Los 40 45 IS 75 73 72 90 75 71 74 17 06 Chicago 02 17 Global Tenl 1)S 67 27 12 77 76 75 $O °goer) t 51 Imam 43 4 49 City Pnce Provo Roncloto Pchlrelo Roosevelt CondRices L Pmcip 14 47 74 66 Evanston MonficePo Neoht Pack Vesteeday's 65 43 42 Yesterday's Conditions SO 66 cloy tad 46 64 II 61 ckly 71 43 tad fair 90 61 59 66 clay 72 M cidy IS 12 clay SS fad is fad 86 63 75 Si citty 52 43 cidy 73 41 cidy 75 fair 46 rain 16 61 70 46 fair 68 75 rain Detroit Kansas Cy Minnectooks Oklahoma City Ornona St loos East Boston &Pot° Nevi roit Pcrtmona wosningion South 00'40 Berninghom toulsville Mernotts 4I011 New Oneons ()nand° Souttnvest Attououe'oue Dollos El Paso Piloentx Son Antonio Tucson SS 18 61 37 SI 74 75 63 73 58 68 63 64 53 68 55 Today's Forecast L V4 H 59 48 63 47 02 4 -- - Om tidy 90 74 snny 78 63 pici 70 55 snny 73 64 clay 65 53 pici 70 48 wavy SS 65 66 73 23 60 70 67 78 01 6755 64 52 pfci 78 60 ptel 79 62 pici 7150 79 58 87 62 113 62 95 96 95 93 19 95 92 74 71 75 74 71 71 73 78 62 92 74 79 61 87 65 116 67 01 mod nice 94 74 vyht 95 71 Mei 7$ 62 ptel 94 75 mrty 85 66 Oyes 93 74 snriy 94 74 pici 55 9171 91 76 92 62 75 58 plc' 86 67 plci 80 66 Pat 92 73 Mei 77 65 fast 89 70 ptcl 91 69 plei 94 75 ptcl 21 85 54 wavy 91 74 mod 88 SS mad 911 72 sony 92 75 mad 95 62 snny MO 1 Continued from gathering to recount their harrowing experiences The potluck reunion begins at 6 pm at the Orem home of Leonard and Kerry Lee 1038 S 1100 West adoptive parents of two Romanian children Ms Holt a registered nurse with intensive-carexperience went to Romania in pursuit of Andrei born with a ventricular-septa- l defect — a hole between the heart's two large pumping chambers "I was looking for a child I could help There were gluts of people looking for healthy normal kids I felt my experience had to pay off for some child so I went specifiB-- 1 e cally after him Riv- written up in travel brochures The river has another distinction you'll only hear about if you ask the right people: The signs marking the river crossing in the state are the Every year public agencies spend hundreds of thousands of dollars replacing signs and repairing vandalism The Utah Department of Transportation has more than $200000 in vandalism and theft losses every year and finds that a sign with the word "virgin" on it is by far its biggest "seller" "They steal them almost as fast as we put them up" said Jim McMinimee UDOT maintemost-stole- n nance operations engineer "We've tried security bolts on the posts but then they take the posts too" markers with the numbers such as "666" on them are also popular with thieves But typically the vandals shoot signs with guns or plow them down with their vehicles Sometimes they shoot the signs so many times they fall off the poles or become unidentifiable Serious concerns arise over driver safety in the case of stop signs that fall or become unreadable officials say UDOT maintains its own sign shop and work crew to make and repair signs and posts A typical sign costs $100 to $150 to make and $50 to install Replacement costs increase with Mileage parts experience" When damage is done to buses it is UTA policy to immediately repair it to discourage acts he said t But one of the reasons vandalism to shelters is down is that when a particular bus shelter is copy-ca- seriously vandalized three retimes the shelter is simply moved said UTA's Mike Al I But instead of addressing public or breaches of burMr Williams laws nepotism ied his audience in an avalanche of statistics on poverty and workplace gender and racial discrimination For example 14 peréent of the state's population lives in poverty — at least a third of them children he pointed out He stressed that children bear much of the brunt when medical insurance isn't available welfare payments don't keep up with inflation and the streets become strewn with the hungry and homeless "The ethics of the whole society can be assayed on how it treats its children" Mr Williams asserted "So the central ethic in government budgeting should be that this community won't balance its budget on the backs of the poor" The professor suggested that all municipalities adopt a standard st where at least 1 percent of the budget be devoted to job training or appropriate public works to help the disadvantaged "get a leg up" s He also urged city to examine whether their government work force is representative of minority groups "The civil service ought to look like the people it serves" Mr Williams observed He even had a "substitute ethic" to offer those troubled philosophically in coping with panhandlers after being "hit up in daily encounters three or four times in a city block" Go home and write a donation check to any number of agencies that are trying to provide food shelter and jobs Mr Williams said In business matters the League elected Provo Mayor Joseph Jenkins to serve as president replacing Salt Lake City Councilman policy-maker- Tom Godfrey Despite open-hea- rt surgery three weeks ago Andrei has added eight pounds to the 12 pounds he weighed in May at 14 months old He is sitting up and "swimming" across the floor compared to three months ago when he couldn't even lift his head His once-gauface now is fullset cheeked and off by sparkling eyes Elida Marjorie is Ms Holt's second Romanian "miracle" The little girl was brought by a gypsy to Ms Holt within 48 hours of her departure from Romania The birth mother continued to care for the baby while Ms Holt completed visa nt double-chinne- d Three-month-ol- d procedures from Utah Elida came to her new home three weeks ago brought by another adoptive Utah parent Ms Holt credits the success of her venture in large part to her "goodwill ambassador" — natural son Joshua "I got a lot of things through that I don't think I could have otherwise simply because I was holdJoshing onto my blond ua" Ms Holt said with a laugh Ms Holt was artificially impregnated to have Joshua She was determined not to raise an only child but because artificial insemination wasn't successful a second time she chose to adopt The three children are cared for in Ms Holt's home by a nanny while she works for MC Health Plans as a utilization review specialist blue-eye- d Although her story hardly sounds ordinary Ms Holt said it is a "garden-varietytale compared to others that came out of the east European country before foreign adoptions were cut off "For each of us there are some pretty heavy stories to tell" " BYU Professor Charges Church With Intimidation Continued from can audience why the guerrillas see us as a useful target" In both letters Knowlton stressed he is a loyal and faithful r member of the 78 Church of Jesus Christ of -day Saints He said he merely hoped to lend a perspective derived from frequent contact with leftist groups to bridge "the culture gulfs that divide our community from them" However church leaders long sensitive to the psychological impact of the attacks on the parents of young missionaries were disturbed to receive letters critical of Knowlton's address One written by the father of a missionary in Argentina said the writer would'hold the anthropologist personally responsible if anything happened to his son Knowlton said when contacted about his own letters Less than a week after the church's statement Knowlton was summoned for an interview with his LDS stake president Kerry B-- 1 million-membe- Latter- 85 82 81 92 72 88 91 94 Southwest Utah's Virgin er has scenic delights that get the sign's size and weight Mr McMinimee said rest areas are also prone to vandalism prompting engineers to design tougher rest room amenities Porcelain commodes are too fragile they are now made of metal Mirrors have been removed and if replaced are replaced with polished stainless steel Some states have built caretaker homes right at rest areas but Utah cannot afford those UDOT officials say UDOT's costs for graffiti removal have jumped to $15000 a year twice the level of six years ago Workers with the local UDOT districts do what they must to remove the graffiti either sandblasting it or painting over it Engineers are also looking at a new sign coating that dries so slick that paint won't stick to it Mr McMinimee said Graffiti on those signs could be just rinsed off Utah Transit Authority calls its benches and shelters "street furniture" Losses to those fixtures are relatively low Spokesman Bill Barnes said total vandalism damage is around $5000 a year which is "quite a bit less than our urban transit counter- 'Miracles' Carried Romanian Babies to Utah "The day I saw him he belonged on a respirator in the intensive-car- e unit But there was no oxywas no intensive care there gen And yet he survived" she said In her care he has flourished National 34 Colorado 17 01 Daily Data 000 Precipitation 2 44 Precipitation this month Accumulattve excess 206 1 15 50 1990 Precipttation since Oct Accumulative excess 070 90 at St George State high 27 al Rondolah State low 73 degrees ILC high low SLC 48 degrees Normal high for this date 81 degrees Normal low for this dote 51 degrees Record high for this date 93 degrees Record low for this dale 32 degrees Sunrise Today 707 MDT MDT Sunset Today 36 79 72 95 Idaho t 90 with lows near 60 degrees 3 to 5 Day Extended Forecast — Monday through Wednesday is expected to bring seasonable temperatures Skies will be fair to partly cloudy There is little mention of rain but any storms ore expected to be concentrated in the higher elevations Daytime highs will be in the upper 70s to near 90 Overnight lows ore expected to be in the upper 40s to near 60 Nevoda Elko Pock Swings M M Bullfrog peratures are expected to return Highs at s with lows near Moab will be in the 60 degrees Utob-Dixie — Skies ore expected to be overcast with partial cloudiness in the afternoon hours Otherwise skies are expected to be fair Days ore expected to be mild and seasonal temperatures ore expected to return Highs ot St George call for 90 degree temperatures with ows in the upper 50s Southwest Volleys and Deserts — Skies will be overcast with partial cloudiness in The afternoon hours Otherwise skies are expected to be fair Days will be mild and seasonal temperatures are expected to worm to the normal Daytime highs at Cedar City ore expected to be near 80 degrees with overnight lows in the upper 40s Recreational Areas — lake Powell Canyonlands and Zion National Pork — The river flow trend tor the next two days will be steady Showers are expected this afternoon in tne mountain areas Skies are expected to become fair and temperatures ore expected to be a little warmer for the weekend Flaming Gorge will have highs in tne upper 60s with lows in the low 40s lake Powell will hove highs in the upper 805 with lows in the low 60s The lakes temperature will be 80 degrees Canyon lands highs will be in the upper 70s with lows in the upper 505 Zion National Park will have highs near By Dave Jonsson THE SALT LAKE TRIBUNE conflict-of-intere- JD Williams sent Utah municipal 4111' p N4111 80s 1:il Thieves Crossing the Law Stop Exploiting Poor U Professor Says Parker ' Is1P' Road Sign of the Tinzes: Heinz who told him he had been asked by church leaders to quiz Knowlton about his Sunstone remarks Heinz said Friday the matter had been blown out of proportion and "the less said about it the better" Knowlton said the meeting ended warmly but was disquieting for having been arranged at all "It suggests that my membership my worthiness my righteousness are somehow called into question because I happen to think and happen to write" Knowlton said "And that no matter how you cut it is intimida- tion" Two days later Knowlton wrote his department chairman college dean and associate academic vice president saying he was troubled about being asked by church officials to justify the content of his professional writings -Perhaps BYU could suggest to the brethren that the appropriate means of discussing the content is through university channels If these are seen simply as ecclesiastical issues concerning support of the brethren then an atmosphere will become established making it impossible for many of us to continue with what is understood to be valuable work" he wrote However BYU President Rex E Lee who answers to a board of trustees made up of several of the church leaders concerned about Knowlton's Sunstone paper sees it strictly as a church affair "This is just not a BYU matter" he said "I don't think it needs to be or should be" As for Knowlton's claim of intimidation Lee said "That's life in the academic world in which there are other views that periodically will be brought to bearKnowlton 36 obtained his doctorate from the University of Texas and taught two years at Washington University in St Louis before being recruited by BYU for a tenure-tracposition in the fall of 1990 k 1 I |