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Show Judc Ittiio Milclndl Jury Nml Not Be Thr Salt Lake Tribune, l,l);tth-()ualil- il VSrdnrsd.iv, January 22, Ruling Could Mean iNew Trials lor Killers on Utahs Death Row Continued From B I argument before the L S Supreme Court, I'rofessor Boyer noted, the high court seemed very receptive o the defense argument But even if the nine justices uphold the Grigsby appeal, and hold death qualification unconstitutional, he believes they will word the decision in such a way that will preclude it from being ap"I don't think plied retroactively they will allow to to interfere with current cases," he said Timothy K F'ord, a Seattle, Wash , attorney who is defending Ogden Hi-f- i killer William Andrews, said a Su- s death-qualifie- preme Court ruling upholding Grigsby likely will not affect his client or Dale Pierre Selby. He noted, however, that he has been closely involved in the Grigsby his law partner is an attorney case in that matter and said such a ruling could have sweeping effects on F Of tea it d . death-penalt- Th 5 remand it at all and say it was merely a procedural error and it wouldn t make any difference," he said But Mr Valdez noted that regardless of the U S Supreme Court s pending ruling dozens of death row inmates around the country did not is preserve the sue for appeal and in those cases the ruling would have no effect However, lawyers at the Salt Lake County Legal Defenders Association have been on top of it for quite a while who It was Jo Carol Nesset-Salargued against death qualification of jurors before 3rd District Judge Jay F7 Banks in the Bishop case two years ago Ms Nesset-Salsaid she was "delighted" with Judge Daniels decision With the US Supreme Court preNessetparing to rule in Grigsby, Ms -Sale said she believes it will be cases in which there is a death quail fication question D Gilbert Athay, a Salt Lake City lawyer who represents Selby, was less reserved in his interpretation of an upholding decision If the U S Supreme Court upholds Grigsby, there are many who feel that it could vacate all death oenal-tiewhere jurors I think it would were involved have same effect as Furman r.s Georgia," a 1972 ruling that found the death penalty unconstitutional, Mr Athay said One of those cases in which death qualifying jurors was challenged is that of Gardner. Defense attorney Andrew Valdez believes that a Su. e preme Court ruling upholding (jrigsby could amount error .... to reversible On the other hand, they may not Todays Weather Utah Forecast Considerable clouds today with isolated snow showers over the northern mountains. Cloudy Thursday with scattered rain developing Thursday afternoon over the west. Gusty southwest winds in the western valleys Thursday. Highs will be in the 10s to low 50s. Overnight lows mostly in the 20s and low 30s. FRONTS: I Logan 2I.TI Showers Snow Ram Flurries National Stationary t--w Weattr Strvfc U S NOAA, . Ogden 2 MU) Ocpt of Commerce Sail Lake (.il Sail Air Pollution Index I Ituunliful iikr 0:iliii W 25 end.iver Ml 2539 IVimi ernal Prow. 100 Morgmol 75 Good Green River 20 19 Cedar Cilv 50 2550 Very Good 1238 2111 Moab 275 1 25 Si. George Excellent 22 02 Source 52 CO 3 TP 32 33 OZ 92 M CO OZ Utoh Heoltti Dept. M CO 346 02 OZ CO 1 Blanding 2517 TP Toto! Porhculonti Monoxide Area Forecast Wednesday and Thursday Salt Lake City, Ogden and Provo Forecast An unsettled westerly flow over the state will spread high level moisture into Utah through Wednesday night. A pacific storm system is expected to move into the area late Thursday. The forecast colls for areas of fog, locally dense. Mostly cloudy today through Tuesday. A slight chance of rain showers this afternoon with an increasing chance of rain Thursday. Daytime highs ore expected to be in the mid-ts upper 40s, with nighttime lows in the to near 30. Chance of measurable roin Is 30 percent Thursday. Northern Utoh Forecast Cache Valiev: The region will hove areas of morning fog, locally dense. Otherwise mostly cloudy with a slight chance of showers during the afternoon. Highs will be In the low to with lows in the mld-tupper 20s. Western Desert and the Wasatch Front: The forecost colls for areas of morning fog, locally dense. Mostly cloudy with widely scattered showers developing during the o mid-20- mid-30- afternoon. Breezy southwest winds. The afternoon highs will be in the low to mid-40with lows In the mid-t- o upper 20s. Uinta Basin: Areas of fog, locally dense. Otherwise increasing clouds, with scattered lows showers. Highs In the low to mid-30In the mid-teenSouthern Utoh Forecast Southwest Val ley ond Sevier Volley: Conditions will be mostly cloudy ond mild with scattered rian showers during the afternoon. Gusty southwest winds. Afternoon highs will reoch the mid-40- s to low 50s, with overnight lows in the mid-t- o upper 20s. Southeast Utoh: Increasing high clouds, with local winds. Varioble clouds with scattered showers on Thursday afternoon. Highs will be In the upper 40s to low 50s, lows In the upper 20s to low 30s. Utah's Dixie conditions will be fair and partly cloudy, with scattered showers. Temperatures will be in the low 60s, with overnight lows in the low to mid-30- Recreational Areas Canyonlands and Lake Powell: The forecast colls for varioble clouds tonight ond Thursday with possible scattered showers. A little cooler on Thursday. High temperatures today of Lake Powell will be In the low 60s, with lows In the highs are expected to be in the w 50s, with nighttime 2 in to lows low 30s. the upper Northern Utah st i areas: The region will with scattered skies have mostly cloudy ram or snow showers developing late Wednesday night and possible Thursday afternoon. Gusty southwest winds are expected today ond Thursday. Highs In the upper 20s to Evening lows in the s to lower 20s. mid-30- Cany-nlan- 1 mid-30- mid-teen- Northern Mountains: Intermountain Missing T Conditions will be showers developing. Gusty southwest winds ore expected. Snow level lowering to around 6500 feet Thursday morning. Highs In the low 30s, with lows in the teens. Southern Mountains: The region will be mostly cloudy with scattered showers today and Thursday afternoon. Winds will be gusty and from the west. Highs will be in the mid-t- o upper 40s, with nighttime lows in the low 20s. Extended Forecast for Utoh Friday through Sunday A pacific Northern and Southern Utah will move out of the state on Friday rough leaving a high pressure ridge which will build over the area through the remoinder of the weekend. The extended forecast calls for decreasing clouds and showers Friday. Sunny days and fair cool nights Friday night through Sunday. Highs in the up per 30s and 40s in the north ond 40s and lower 50s in the south. Lows will be in the teens and low 20s. Extended Forecast for Idaho Friday through Sunday The exNorthern and Southern Idaho tended forecast calls for mostly dry with patchy night and morning volley fog. But there will also be on increasing chance of some rain and or snow. Light and varioble winds are likely. Highs will be in the 30s and 40s, with lows in the teens ond 20s. Global Temps Weather Summary M d mostly cloudy with scattered snow or roin Yesterday's Conditions Montana Troce Yesterday's Conditions H L 46 36 44 S3 40 23 23 15 30 19 Precip Utah Blonding Brigham City Bryce Conyon .... .... Bullfrog Cedar City Coalville 34 09 Delta 40 Fillmore 42 M 22 22 Greenrlver 46 M Honksvlile Heber City Helper Kanab Logan Midway Milford Moob Montlcello Ogden 35 53 31 40 38 49 38 39 43 27 38 Orem Pork City Price Provo 60 Randolph Richfield Roosevelt Salt Loke City Snowbird Soonlsh Fork St George Tooele Univ. of Utah Vernal Wendover Zion Not Pork Nevada Elko Ely Las Vegas Reno Wlnnemucca .... .... .... ... .... 20 41 M 38 24 34 54 38 42 31 35 62 34 35 41 48 44 Wyoming Casper Cheyenne Rock Springs Evanston Lornmle .... M 18 M 17 26 26 06 21 23 21 23 20 12 23 18 02 25 Pocatello Rexburg 34 23 24 04 20 27 34 21 14 17 Twin Foils 31 Precipitation Precipitation in January Accumulative deficency Precipitation since Oct. 1, Accumulative excess 19 17 39 23 23 10 24 14 12 33 Note: This Information Is received daily from the National Weother Service at the Salt Loke International Airport. Preciplta tlon readings ond tempeiotures ore those recorded at the airport. Yesterday's Weather Data 20 18 21 17 .11 T 1985 - t ' death-qualifie- 0 00, 0.80, 0.06, 6.76, 2.17, Zion, 62 at Utoh high 02 at Randolph Utoh low 38 degrees S.L.C. high 20 degrees S.L.C. low 38 degrees Normal high for this dote 20 degrees. Normal low for this dote Record high for this dote 57degiees 20 degrees, Record low for this date 7:46 MST. Sunrise Today 5:33 MST Sunset Todoy Utah Agriculture Forecast: Continued hozy ond cloudy, with scattered rain ond snow showers. Areas of valley fog. rors to fa- - conv u turn pfonc alsi showed the) were less likely to return verdicts of lesser inc luded offenses lo apital home ide sue h as second dec gree murder or manslaughter Assistant I'tah Mtorney General Karl I Tonus who handles capital for the state said he is ' unsure how Judge- - Daniels ruling would affect the status of capital cases pending particularly if it is augmented bv a I S Supreme Court decision s I'tjh. he noted has joined the gov- - eminent in fighting Grigsby, and said he didn t feel it would be appropriate for him to further comment the appeals now pending give-What I will say is that Judge Daniels dee ismn was out of syne h with what the law has been in f'tah in the past and' throughout the rest of the country Mr iToriussaid The briefs we have file-- in the past and those we intend to file for instance in Mr Bishop's case, and the fact that we joined Arkansas in fighting Grushy should " speak for itself Judge Impanels Jury to Hear Testimony in Death of Pilot By Ten Gomes Tribune Correspondent In a daylong proCOALVTLLK cess involving nearly 90 candidates, a jury of seven women, five men and one male alternate was impaneled Tuesday to hear the murder trial of Francis Preston Mitchell Mr Mitchell, 24. is accused of the 1984 Park City shooting death of airline pilot F'red Duncan Third District Judge Scott Daniels held to his landmark decision of last Ihurselay and did not ask the potential jurors that if e Mr. Mitchell is found guilty of murder would they be able to impose the death penalty It is the first time in a Utah capital murder case that a judge has not death qualified" a jury. As the defendant entered the courtroom Tuesday morning, he was met in a tearful embrace by his grandmother, Georgia Ray, from Miami. Mr. Mitchell's mother, Cynthia Mitchell, and her husband, Bernard Musial, also of Miami, were present Because of the complicated nature of the case, Judge Daniels told the potential jurors he did not know exactly what evidence would be heard in the case, but said there may be matters involving drugs. He asked the jurors if they would be able to put different lifestyles aside and hear the case based on the facts presented. All agreed they could. Judge Daniels also said there may be information regarding firearms and ballistics. The judge explained that some witnesses had been granted immunity by the state in exchange for testimony and that some of those witnesses may have been convicted of a felony. After the jury was impaneled, defense attorney Ken Brown argued for a change of venue and to disqualify the entire jury selection process. Mr. Brown felt there had been too much pre-tripublicity and that the attorneys for the state, Robert Atkins and Terry Christiansen, were known by many of the potential jurors. The judge, however, denied the motion for a change of venue. first-degre- Mr Brown argued that many people called for this jury hud also been called as candidates for the grand jury last spring which indicted Mr Mitchell on the murder charge However, no one who had actually served on that grand jury was c alled for this case Judge Daniels denied the motion, ' saying, I feel pretty good about the jury panel being a representative cross sec in of the community " Opening arguments are expected to begin Wednesday morning Prosecutors have said their first witness will be Fred Duncans fiancee. Patty Tyrrell, who wa. an eye witness to the murder Last week, defense attorneys Brown and Gerald MePhee presented a motion to have Ms Tyrrell's testimony suppressed The judge ruled to close the hearing to the press, but after hearing arguments from Miles Holman, attorney for several news organizations, including The Salt Lake Tribune, he agreed to let the press attend if it voluntarily agreed not to publish the information from that hearing until after the jury was impaneled Ms. Tyrrell was not present at last Thursday's hearing and the defense called Park City Police Chief Frank Bell to determine what information he might have supplied to Ms. Tyrrell prior to an October 1984 hypnosis session she had undergone in California to recall details of the murder. Under examination, Chief Bell revealed he had spoken to Ms. Tyrrell on a number of occassions between Aug. 4, 1984, the night of the murder, and prior to her hypnosis session. Under examination, Chief Bell was asked by Mr. Brown, What information have you provided to Ms. Tyrrell regarding Preston Mitchell during the course of this investigation? Very little other than what shes gathered from questions Ive asked her, Chief Bell said. Mr. Brown asked, Did you advise Ms. Tyrrell that Mr. Mitchell was involved in narcotics trafficking Chief Bell responded. "Not to my recollection " Brown proceeded, Do you recall advising Ms Tyrrell that Mr Mitchell was working for the FBP" Chief Bell answered, No" Mr Brown continued. "Do you recall telling her that the FBI got rid of him" Chief Bell responded. "No Mr Brown pressed Chief Bell, ' Do you recall indicating to her that Brian's Oliver, owner of the home where the murder took place son. Greg, burned Preston Mitchell for $20,000 on a drug deal?." Chief Bell responsded, "No" Mr Brown then asked, "Do you recall indicating to her that he's explosive, he has a history of violence, referring to Preston Mitchell?" Chief Bell responded, "No. As a matter of fact, she indicated that to me. Mr Brown concluded by stating that Ms. Tyrrell would not speak to the defense attorneys and asked Chief Bell if he knew why. The chief said he didnt. In addition, the defense called Ernest Jepson, a psychiatrist from the University of L'tah Health Sciences Center. Defense attorney MePhee asked Dr. Jepson if hypnosis for memory recall was generally accepted. Dr. Jepson responded, It is not generally accepted, but it is being used. Its a very good research tool to help provide clues. Mr. MePhee asked if Dr. Jepson was familiar with the term confabulation. Dr. Jepson said it was rather like filling in the blanks. He said a person might make up information to supplement their knowledge of a situation. Mr. MePhee then asked if viewing the video tape of the hypnosis session, say perhaps five times, would reinforce that. Definitely, Dr. Jepson said. "A person will have the expectation of what they see in the tape as true." Murray Police To Enforce Weight Limits Special to The Tribune The City Council has amended its traffic code so police can cite drivers who ignore posted weight restrictions on its streets and roads. The action was prompted because of damage to a bridge spanning the Jordan River at 6400 South. The council passed the amendment, effective Tuesday night, that would restrict vehicles over 10,000 pounds from using the bridge. City Attorney H. Craig Hall said the amendment was needed because there was nothing in the traffic code allowing city police officers to issue citations to overweight vehicles. Last weekend, scuba divers took advantage of a drop in the rivers level to check the bridges condition. Mayor Lavar McMillan said the divers found "hugh caverns in the river that are threatening the structure. rwsted Mr. Hall said signs vp Tuesday morning and city police were informing drivers of large vehicles, including trucks, Utah Transit Authority buses and school buses of the unsafe conditions. He said city police would be conducting information checks during the next few days to alert drivers to the problem and it would not be until later in the week that citations would MURRAY be issued. The mayor said engineers have already begun to look at the situation. Daily Data 09 28 32 24 34 37 30 32 .46 M 20 Idaho Boise Idaho Foils .06 difficult fur if.i- I un Suj ri'rnt f inirt to ignore an i,, argument rejm ting death qualifii a'lun in Bishops jp peal While she is c autious ahoi.it antu t paling the over ill effects of such a ruling she noti d It would fa- sue h a major change in the wav jum-- an selected that I would exja-call those folks who raised it at trial level or appeal would be beneficiaries of the ruling Ms Nesset Sale also noted that the studies showing ju in tnOIiyJ Ad. UhII liaCIlO GrOUD y- -i Questions about a commercial concerning a fictitious cavern in the Wasatch Mountains should be directed to Terry Schmidt, Salt Lake Market Radio Broadcasters Association, not Wasatch-CachNational Forest, a spokesman for the federal management agency said Tuesday. e TTKPE FDY The ad, "which alleges there has been a recent discovery of a huge cavern as wide as a football field and over five stories high, will run for the next five weeks and is designed to the test the recall of listeners, spokesman said. SEAT COVERS, VINYL & CONVERTIBLE TOPS AUTOMOBILE CARPETING FOR AMERICAN ANO FOREIGN VEHICLES SEAT COVER CENTER INDIAN BLANKETS VINYL TOP REPLACEMENT from, CUSTOM FULLBACK SHEEPSKIN JIM STANTON OwnarManagar OVER 30 YEARS EXPERIENCE 4995 Per Seat Open 8am to 6pm Daily MAJOR BANK CARDS WEICOME 328-323- 8 601 SOUTH STATE eeeeiiiiiiiji |
