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Show , 9 , Judge Refuses to Reverse Landmark Jury Decision By Ten Gomes Tribune Correspondent COALVILLE In a ruling Monday 3rd District Judge Scott Daniels denied a motion by the prosecution to reconsider his landmark decision of last Thursday not to "death qualify" the jury lrythe murder trial of Francis Preston Mitchell. Jury sele-io- will begin Tuesday of Mr. Mitchell, who is in the trial accused in the 1984 Park City shooting death of airline pilot Fred Duncan. Mr. Mitchell was indicted by a Summit County grand jury in May 1985. He was arrested by FBI agents in Springfield, Mo., in October. Judge Daniels stated Thursday it was a violation of the defendants Sixth Amendment right to insist that jurors in the guilt phase of the trial be able to impose the death penalty if Mr. Mitchell is found guilty of the e murder charge. In capital murder cases, jurors are selected after being asked if the defendant is found guilty, could they impose the death penalty. Those jurors who say they would be unable to impose the death penalty are generally excused. By not death qualifying the jury, the court has opened the possibility that Mr. Mitchell could have two separate juries; one for the guilt phase of the trial and another for the sentencing if he is convicted. In his written memorandum of Jan. 20, Judge Daniels stated his reason not to reconsider the death qualifying motion was based upon the distinct question of whether death qualifica first-degre- me guilty-innoce- The Utah Legislative Auditor GenOffice has commended the State Chemistry Lab for its responsiveness. "Increased coordination and cooperation have resulted in a shorter turnaround time on samples that are brought in for testing, said Utah Agriculture Commissioner Miles Cap Tuesday Morning January Section Judge Daniels will rule on whether or not a change of venue motion should be granted once the jury selection is underway. Ferry. This reduced time means that the department can be more responsive in its regulatory efforts. The State Lab has developed new plans for quality control, ensuring that testing of samples is performed at the same standards, which can be important in any case involving a legal challenge. 1 collect-on-delive- - Harm Big rJlome ira your Spare Time ...Become a ILocksmittlh) South Dr King's life also benefited the Church of Jesus Christ of Latter-daSaints family living in the pre- dominately Protestant Midwest, the poor person living in a wealthconscious society, and the female living in a mans world, BYU students and faculty members were told Monday. Making the assessment during a noon tribute to Dr. King in BYUs Memorial Lounge was Keith N. law student Hamilton, a third-yea- r from Kinston, N C. A black, Mr. Hamilton took issue with an unnamed Utah legislator who had declined to vote in favor of a holiday in honor of Dr. King, claiming King had not done anything for Utah." "To this I must take exception," Mr. Hamilton said. Dr. Martin Luther King Jr.s life was dedicated to making America a better place for all its citizens and residents. Even those in Utah. His cause was not only for those blacks subjected to discrimination and bigotry in the Deep South. His efforts were USU President Backs King Holiday Legis- most of the nation and set aside a day to honor the birth of slain civil rights leader the Rev. Martin Luther King Jr., Utah State University President Stanford Cazier says. Cazier, speaking Monday at a USU memorial program for King, said he will sign a petition asking Utah legislators for a King holiday. Monday was set aside as a federal holiday to honor King and the Utah Legislature is considering two bills which would designate a King holiday. I think it's unfortunate Utah is one of the very few states not to have joined this great celebration. Several hundred black slums "His fight was for all men who were discriminated against His struggle was for America itself " Mr Hamilton said Dr King's struggle for freedom should not be difficult for Utah's predominately Mormon population to relate to inasmuch as early LDS Church members faced religious persecution before coming to Utah. We as an LDS society should be able to understand this," Mr Hamilton said "Dr King taught America tc tolerate minorities of any kind, whether the minority is based on racial, gender, or religious lines." "Dr. King showed America that prejudice, bigotry and hatred had no place in a pluralistic society, such as ours. Dr. King gave America a sense of remorse that it should have acknowledged long before, a sense of remorse that has now beeen a cause for patriotic pride, Mr Hamilton said. Also speaking at the King rally were Eugene England, a professor of English, and J. Bonner Ritchie, e professor of Organizational two faculty members said it is important for students to realize the great progress there has been in integrating American soci- Beha-vior.Th- ety, but never to forget the conditions that existed in America before Dr King's leadership the decade before his assassination in 1968 Mr Bonner said that Dr King was one of a handful of men in history who had helped to turn the world around with a speech, as well as his nonviolent approach of disobedience to laws that are morally unjust Although his dream is not yet realized, progress made a dramatic step undci his leadership, Mr. Bonner said Mr England said the United States was fortjnate to have Dr. approach to King's n i non-viole- prejudice and social change. "America got much more than it deserved Mr England said it was Dr. King who helped bring about changes that helped prepare the hearts of Americans as well as members of the LDS church for the 1978 decision to grant the LDS priesthood to worthy males of all races. He said that students can help keep Dr. Kings heritage of "loving your enemies alive by fasting and sending the money saved from the fast to countries that hate the United States. Cache Lawmakers Wont Vote For Holiday Honoring King - The Utah lature should follow the lead of LOGAN (AP) not only for the poor living in the people crammed into the student center lounge to attend a program sponsored by the Black Collegiates and Associates United. Speaker Ross Peterson of the USU history and geography de- partments said Kings message was universal because he helped us all realize every person has great value regardless of color, religion, sex, age, disease or LOGAN (AP) None of Cache Countys five legislators plans to vote for a bill that would honor the birth of the Rev. Martin Luther King Jr. with a state holiday. The legislators all say the holiday would cost the state too much, and their constituents are against it. Sen. Lyle Hillyard, said he has seen strong resistance to the idea from his constituency. Hillyard said he would support a King recognition day without giving state employees the day off. A lot of people dont really understand or know Martin Luther King. That would be like asking New Yorkers to declare a state holiday honoring Brigham Young," Hillyard said. Sen. John Holmgren, said he has no hang-up- s about King, and feels he did a great work for civil rights. "I just think the number of state holidays is getting out of control and its too expensive, he said. said Rep. Keith Gates, the state already has 11 holidays. We lose millions of dollars in production every holiday, he said. Gates said he would support the King holiday if itvere substituted for an existing holiday. A bill sponsored by Rep. Robert Sykes, lt Lake, would substitute King's birthday for the state holiday commemorating President Abraham Lincoln's birthday. Gates said if the bill were voted by secret ballot in the Legislature, "It would fail miserably. I also feel if Congress had voted secretly, the national holiday would not exist. Rep. Steve Bodily, said it is premature to honor King. Almost everything was named after the late President John F. Kennedy after he was killed, and in some cases they have changed the names back, he said. Rep. Evan Olsen, Ward, said his vote against the bill is in no way racially motivated. It is a question of economics and we need less, not more, holidays, Olsen said. Clifton Wilkes, Utah State Universitys associate director of minority afffairs, said economics is to vote the "poorest reason against a King holiday. S.L. to Endorse Light-Ra- il In sot months you could be a Locksmith! When you complete your course a diploma certifies your ability to do any kind of lock 616-01- Page Two Ogden insurance agents have been ordered to appear before an officer of the Utah State Insurance Department to defend themselves against allegations that they deceived insurance companies into underwriting an insurance program at Utah Technical College at Salt Lake, 4600 S. Redwood Road. Errol L. Phillips and Kenlon W. Reeve are named in an order signed by Insurance Commissioner Harold C. Yancey, who scheduled a hearing for Jan. 29 at 10 a m. in the Heber M. Wells Building, 160 E. 300 South. According to the complaint, the insurance department says Mr. Phillips and Mr. Reeve allegedly told the college that they had money from an anonymous donors who would contribute the funds to the college providing the college u seethe money to purchase life insurance for its employees through Mr. Phillips. With this incentive, the college agreed to the plan and the men took the program to North American Life and Casualty Co., which opted to underwrite it and pay Mr. Phillips "in excess of 100 percent of the first years premiums. The complaint alleges that Mr. Phillips submitted applications for policies from a number of employees on a basis. At the same time, Mr. Phillips and Mr. Reeve transferred funds from andor into different accounts controlled by them, ultimately resulting in cashiers checks payable to UTC. . .that they indicated came from the apparanonymous doently nors. The charges allege that the men deceived or mislead the college and perpetuated a condition in the state detrimental to free competition in the business of insurance, the charging document says. The five-coucharge also alleges the mens conduct constituted a practice of dishonesty in insurance matters, a lack of good faith and a practice of deception which demonstrates that the respondents are a menace to the integrity of the business of insurance and that they may be deemed to be incompetent, untrustworthy or a source of injury to the public. ness. repair or installation. Crimes against property are increasing, professional locksmiths are in great demand. Ybur opportunities are almost unlim: ited. Locksmithing Institute graduates have been finding financial success and independence since 1948. Get the facts. Write for free booklet' Lock- Opportunities in Locksmithing, 1500 Car-- ; smithing Institute, Dept. J dinal Dr Little Falls, N.J. 07424. C Insurers Accused Of Deception On UTech Policy This marks the first time a Utah judge has ruled not to death qualify a jury and only the second time nationwide a judge has so ruled. On Jan. 13, the U.S. Supreme Court heard arguments on the issue of death qualifying a jury. Once the jury is impaneled this week, the press will be allowed to reveal how the court ruled on a number of motions heard in closed sessions. In addition, the news media will be free to report testimony heard during those motions including the motion to suppress the testimony of one wit- ADVERTISEMENT Pratte y All ZCMI stores will be closed Tuesday, January 21 for inventory. The ZCMI Auto Centers will remain open for business as usual. tion machines, trailers, safes, vending machines, and many other kinds of equipment have one or more locks. Near your home there are thousands of locks in need of repair, replacement or keys right now. 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In his summation, Judge Daniels memorandum states, "If any potential juror is so opposed to the death penalty that he cannot decide guilt or innocence without regard to the possible penalty then he should excused. State Lab Gains Praise for Its Efficiency erals Kings Work Benefited LDS alt fake tion is proper for the phase only In the penalty phase, it is proper to exclude jurors who will not 9 Trolley System I Salt Lake City will encourage construction of a light-ra- il transportation system to be built from downtown to the southern edge of the valley. The message of endorsement will come as a resolution slated for approval at Tuesdays City Council meeting. The session begins at 6 p.m. y at 301 Building. The resolution urges the state and the Wasatch Front Regional Council to proceed on improvements to the area's transportation systems and cites the light-ratrolley system as the preferred solution. A light-ra- il system would be much more than expanding or renovating freeway systems, the resolution says. It points out benefits including reduced pollution, less parking problems and encouraging pedestrians to go downtown. In other business, the council will go on record Tuesday calling for a halting of nuclear weapons tests and the resumption of talks to ban the tests. It notes that radioactive fallout from the Nevada Test Site has caused cancers among Utah and Nevada residents. A public hearing for comment on changing the citys boundary with West Valley City has been canceled. City-Count- il cost-effecti- ? with the rJttana and get a Energy Command Gas Furnace Buy now TM 94 to 97 Efficient. Annual Fuel Utilization Efficiencieof 94 to 97 make the Amana Energy Command furnace the most efficient in its size class. Heats Water Too! 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Salt Lake City, Utah 262-467- 1 Utah Engineering Co. 50 West Truman Ave. Salt Lake City, Utah 484-45- 1 1 Special to The Tribune A man convicted of TOOELE second-degre- e homicide for the slaying of his wife has filed a motion in 3rd District Court for a new trial. Jerry J. Dibello, 38, who was sentenced Jan. 6 to an indeterminate sentence of between fiv years to life in prison, filed the motion Wednesday, a court clerk said. Judge John A. Rokich has scheduled a Feb. 24 hearing on the motion. He was scheduled to sentence Dibello on Monday but sentenced him earlier after Dibello declined to cooperate with Utah's Adult Probation and Parole Division, the clerk said. Dibello was convicted of killing his estranged wife Tammy, 18, in a mobile home in Lake Point Junction on July 20. He was arrested July 22 In West Valley City after Mrs. Dibcllo's body was found with multiple stab wounds In the chest and a slashed throat. as well as local operatic productions. The house has been used lately to store grain. Old opera house at Moroni has seen better days, but it hosted traveling drama groups Cobwebs Now Play By Don Stringham Tribune Correspondent MORONI Little Rome was one of the names first given this city built on seven hills like its namesake. So, its not altogether surprising to find a former opera house here. Visitors pass the opera house driving into town from the north. No one knows when the opera house was built. Effie Black ham, 87, recalls attending events at the building. It was really a nice building for its day. I was just in the lower grades of school and we marched in a parade down there. It had a large stage and a lot of beautiful scenery. They had pictures along the west wall of all the stars who had played there. "We started a girls club about then. It was 1916. There are only three of us girls left now. She said local operas were often presented at the opera house. . at Moroni Opera P'o building w i pn ion r used, it was the beginAft ning of Moroni b eed Co. They kept the old scenery and put it against one wall. But, someone broke in and stole it. The stars had their autographs on the scenery. They said (the opera house would seat 1,000, said longtime resident Ida Donaldson. She said it cost two pine poles to see a show. There wasnt much money around those days, so the adults would go out and cut down two pine trees. I guess they sold the poles to someone or some company to pay the stars who played there, she said. Grace Westenskow now owns the building. "We stored grain in it for a while. But, its getting old so it should be torn down. Mother told me about a theater company who came to play here. Foote is the only thing I remember about the name of the company. "The generation that i i it is gone now. Theres no one," she said. UDOT Puts New Face on Back of Gov. Norm Bangerter got put on the map Monday the new Utah highway map, that is. The Utah Department of Transportation presented the first copy of the map to Gov. Bangerter, who, up to now, has had to use a 1983 version of the map with somebody elses face on the back. Kim Morris, UDOT community-relation- s officer, said the new map, some 1 million copies, is actually a reprint of the old map with some critical changes made. For instance, Orem, Roy, Layton and West Valley City are now on the main map. They'd been left off the main map for space reasons and instead included on a Wasatch Front enlargement on the back of the map. That move didnt please officials of those cities, however. They preferred identity to clarity. Mr. Morris said the maps will lm- - 86 Road Maps mediately go into free distribution through the Utah Travel Council, hotels, motels and gas stations. The maps are meant for free distribution, and no outlet, whether a commercial enterprise nor otherwise, may charge for it, Mr. Morris said. The 1 million maps cost the state $112,000, or about 11 cents each, to print, Mr- Morris noted. The Lake Powell and Antelope Island ferries are shown on the map. - i i |