| Show -- LOCAL COMICSTV Page B6-- 7 After 'Offensive Material' Is Discovered By Joan O'Brien ME SALT LAKE TRIBUNE Campus newspapers are supposed to be laboratories and students working at Brigham Young University's Daily Universe learned a hard lesson this week: Check the advertising copy Like campus papers at 600 other schools around the country the Daily Universe inserted a poster catalog in its Thursday edition But no one actually examined the glossy pamphlet until 16000 newspa- pers had been distributed around campus If they had they would have noticed that one poster for sale TIIE SALT LAKE TRIBUNE The Utah Court of Appeals has rejected a judgg's finding that a Salt Lake City woman is a morally unfit parent because she is a lesbian living with a female partner Third District Court Judge Frank G Noei ruled in the spring 1993 that C Lynne Tucker 34 "demonstrates a lack of moral example to (her child and a lack of moral fitness" Lynne Tucker "has chosen to act out her sexual preference by conducting a relationship with a woman companion involving cohabitation without benefit of marriage in the same home with the minor child" the judge found s He awarded custody to Tucker's posters would not have been deemed offensive but it's important for us to maintain our unique atmosphere" Soon after the newspapers went out the complaint calls came in Column B-- 2 Sheila R McCann By jeans "It was the kind of stuff BYU doesn't promote" said BYU spokesman Brent Harker "In a lot of places the See 1 ex-hu- Tax-Evasio- n - - Trial Ends In Htmg Airy :4kv r)! L t Ei ::: 1!! !! -- - a r dotot - rev! - N r '' 1-- ' - 4 g0 's1( ' l'-&- ur'lv--44-i' ' Alt'f'aktat l'- By Ted Cilwick A lv' five-cou- - lt "We felt the government couldn't prove its case and didn't prove its case" said defense lawyer Richard Van Wagoner later Friday Jurors may have been stumped by the complexity of the case — hundreds of evidentiary exhibits k and witnesses during the trial — and Breinholt's prosecution approach based on net worth Or jurors could have been torn between siding with the IRS and a wealthy lawyer who sported numerous expensive cars and a $350000 home much of it Babilis said financed by gifa from owners of Lindquist his Mortuary Speculation was rile over the failure of the government's exveteran IRS pert witness agent Nick Vastis to take the stand In pretrial papers and opening remarks to the jt ry Breinholt promised that Vastis would be his final witness neatly summarizing the evidence and providing a precise amount of Babilis' unpaid tax obligation The prosecution even got Vastis exempted from the customary order barring witnesses from watching the trial before their testimony Vastis sat through much of the triaL But when Vastis' turn rolled around Breinholt instead substituted IRS criminal investigator Brett Conlin - Now the defense is awaiting Breinholt's next move The government is not expected to abandon its case against Babilis and Thomas Harkness who was Babilis' accountant and an agent Harkness is scheduled for a separate trial in October The IRS claims Babilis owes about $78000 in taxes The lengthy trial featured plenty of testimony about the operations of failed restaurants that Babilis and his former partner Brent Mahaffey ran Mahaffey earlier had pleaded guilty in exchange for his testimony against Babilis Breinholt introduced evidence that he said showed Babilis concealed his income from his law firm and other interests But defense lawyer Max Wheeler countered that Babilis was not the shrewdest businessman saying his lavish lifestyle was bankrolled in the form of nonby his taxable financial gifts 1si ' 4'N in-la- I - 'n- - : Pt ' 10 ° ft ) ' ' - '"$: - (' "‘ ! 1 — '' 11- :l t ' ' ': : 0 ): ' - N ' t ' I l'f gl:' - ' !L 'f : ' ! 11 - i r I - 11 4 2 ''to - ii ' i ' ''' t ' -- te — '4!$)it ? 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' - ' ! - - - - City-Coun- room rental repairs to the truck and storage costs for their dog The Poulsens were awarded $1763 for similar costs Both families have resettled in the Salt Lake area The ruling to reimburse the families is not unique but the size of their judgments was unusually large Mittelstadt said After their evictions the two families sued the health department and the city of South Salt Lake under the state's Relocation Assistance Act The act requires that the government pay families' moving costs when the government acquires their property MI See Column 1 ' A ty The Carlies were awarded $2300 for their back rent motel doing nothing Reese Richman left of Tooele was spraying off his Simmental hose like you calf with a wash than a cow a at car find rather might wash to prepare the bull for showing and judging Fair officials are expecting more crowds during the weekend See today's Utah State Fair schedule on Page B-- 2 Scholars Debate Exclusionary Rule and 'Deadhead Searches Suspects in Killing Spree Could Be Near Cedar City By Joshua B Good THE SALT LAKE TRIBUNE A nationwide manhunt for a pair of suspected serial killers from Missouri is focusing on Utah Officers closed off a wide section near Cedar City Friday night officer thought after an he spotted Allen Nicklasson 22 and Dennis Skillicorn 34 at JR's Truck Stop Other leads throughout the state kept FBI agents busy after residents reported spotting the two men Thursday and Friday in areas along the Wasatch Front "If they are in this state we will take them into custody" declared Eugene Glenn agent in charge of the FBI's Salt Lake City office Glenn said it is possible the two came to Utah after killing a truck r driver near Elko Nev — a drive from Salt Lake City on Interstate 80 off-dut- y four-hou- Federal authorities believe Nicldasson and Skillicorn have shot and killed three other people during the past three weeks The crime spree began Aug 24 with the murder of AT&T employee Richard Drummond near Callaway Mo Agents believe Drummond was killed after he offered the suspects a ride Drummond's company car was found stuck in the sand Aug 27 in a remote area outside Kingman Ariz near the bodies of Joseph and Charlene Babcock The couple had been shot Investigators believe the were murdered after they stopped to help Nicklasson and Skillicorn The Babcocks' 1989 Dodge Ram Charger was stolen Also on Aug 27 two men matching Nicklasson's and Skillicorn's description fired shots during a robbery in Huntington Beach Calif On Aug 31 witnesses reported seeing a Ram Charger speed away from the Colt Truck Stop in Battle Mountain Nev where truck driver Paul J Hines was abducted Hines body was found along N between Elko and Wells Elko County Sheriff Neil Harris said Hines was hauling a load of candy bars west to California Bab-coc- I- 1 ks e- 'r1- - ' By Tony Semerad 0 5 THE SALT LAKE TRIBUNE As Grateful Dead fans headed home from a Las Vegas concert in N icklasson Skillicorn But his rig was found pointed east on the engine still running Hines' pockets were empty but his wallet — filled with cash — was still inside the cab of the 18- - wheeler Nicklasson is white 230 pounds has blue eyes curly blond hair with a beard and mustache The name "Adrienne" is tattoed on his right arm In addition to the four murders Nicklasson is a suspect in another homicide in Kansas City Skil licorn is missing two front teeth and the middle finger of his right hand He is white 135 pounds has blue eyes and dark brown hair He has numerous tattoos including "1312" on his hand Skillicorn served 134i years in a Missouri prison for murdering a man outside Kansas City He was recently released June Utah police were waiting One criminal-defens- e lawyer told a state panel Friday he has received seven complaints from concertgoers pulled over and searched that night by the Utah Highway Patrol — all along the same stretch of Interstate 70 in east Utah Only one detail seemed to link the roadside searches: all seven vehicles had Grateful Dead stickers affixed to a window or bumper One UHP trooper interviewed a few days prior was unabashed about the practice of singling out "Deadheads" for traffic stops: "Grateful Dead stickers have been very good to me" The incidents came to light Friday as state legal scholars debated a proposal to strip the Utah Constitution of unique protections against use of evidence obtained in unreasonable police searches and seizures Though backed by Utah's top officials moves 30-mi- le i exto change the state's rule could dire have clusionary consequences said Larry Weiss a Brigham Young University adjunct law professor "Law enforcement's job is to protect people from people but it falls to the judiciary to protect people from them" said Weiss who took the calls from upset Grateful Dead devotees "This is not a rule designed to put crimiback on the itreets It's to punish wrongdoing by officers" The proposed constitutional amendment died in the secret House Rules Committee during the 1994 Legislature but has been taken up again this time by the state Constitutional Revision Commission The commission made no deciFriday on the proposal delaying until an Oct 14 meeting But members heard impassioned testimony on both sides from law enforcement attorneys and civil libertarians Police and prosecutors claim the exclusionary rule is too broad giving criminals too much leeway See Column 6 B-- 2 a 4 :ttt-7-:42't-- ? air- B-- 3 - N 4 high-pressu- re - 4 ak 11111 It was standing room only Friday at a pigpen at the Utah State Fair as youths gathsow feeding er around a ex10 a livestock her piglets at popular off were While hibit the pigs by showing 1'1 r'' I Until Cows Come Home I ) "44'' - ' ft 7-- e1117:H04-1!- Fair Offers Pigs Piglets - !!'" 4 -- 4 4 1' : 11' '3 ft : ' W tit J A I - e- o - '1'1' : ' 11 - - --- 4! - e Al Photos by Al Hartmanzahe Salt Lake Tribune A ' I 1114t 1 !4!' :: - 4 k' - - '4' ' 1 ! 1 t:'t - rat-an- d d (14-- F1141'111'i''11 :4-:- c IV i 1411 '''' '' - : ' ')! t4 0":'141 i ': f ' - ' 14i - A'" s o‘: r4 ?' :': ''' ' :4 - 7 7:: landlord who rented two cockroach-infesteapart— with imbing leaks missing windows and other safety flaws must give the former tenants a rebate on their rent and pay relocation costs a judge has decided However the health officials who evicted the two families do not have to help pay their moving expenses another judge ruled An appeal of the second decision will be filed next week said the families' attorney Eric Mittelstadt "They got a sizeable judgment and it came out well for them" he said "It's a good decision for the tenants "But we're going forward with an appeal on the other legal issues to get some guidance from the Utah Supreme Court" Landlord Daryl McDonald had rented two separate apartments at 112 W Commonwealth Ave in South Salt Lake to Deena Poulsen and her daughter and Moroni and Susan Carlie and their son Both families were evicted — and left homeless — in April 1993 by the Salt Lake Health Department The Carlies' briefly lived in a pickup truck A - ' : - f s 4 : - THE SALT LAKE TRIBUNE 1' 411CPA181t '1 i 7 ' v - -- - 2 ' - :' "3 - '1 ''i-- - - - - ' r7''': ' 4 '': " - ! '4'4 1 - wit' !'-- tri r ! ' ' - : :k wgt! Aodig 1!019°W"7414441 ' -- ( - ' 4 f ' 7 '' - ''' L't! IT i t): - - a IN - - - 1" 4'-'- 0'- 414 - ' r IN t Ai w''''' ' ft 4 10041)0' 4 ' ' ttik ea' I c! 1 By Sheila R McCann - ''''' 't::''' ' 1-- 7 '' if - r0 Have to Pay Moving Costs -A 4T! if - 4111) But Health Officials Don't s 41&' ''' Or0 '4') ''':'!:- ' ' - I '! — 441040 t 7: 411' II ! A -! 4 J L '4 - 1 11041 71171 11' - Column I ! I t209- 1 1 t Ir i i Ia ' ' f 33-ye- ar - - : I444) ''' T - '''' ! 411 in-la- S -so :4't76- 1 7 B-- 2 Judge Orders LandlordIto Rebate Rent ' — 7 1 410 t ! 4$1'- t 4 4 t- — iatz6I - three-wee- ex-IR- 4 e" ''''' - - p i 1' - I'' 7-- ' -- !' See A4''''I'te - i ' Rit 'clji 1k: x '! ::--' ) necessary care support and guidance that her daughter requires and that Ms Tucker seemed to be providing to her daughter during the 18 months of temporary custody" The court noted Lynne Tucker may be living "without the benefit of marriage" not because she desires to but because same-semarriages are illegal in Utah Noel also cited Lynne Tucker had a history of depression and mood swings He found she had made significant progress through theraand medication but decided "the father is 1 111 it ‘1414aittrij 001411)- -- 1!!s 0a ' i nt ex-Sa- -! "The fact that Ms Tucker was participating in a monogamous lesbian relationship does not per se render her unable to provide the - sitsftl ‘il f case against Ogden lawyer and businessman Jean Babilis after the jury concluded it hopelessly was deadlocked The jury deliberated nearly 20 hours in three days before informing US District Judge Bruce Jenkins on Friday evening that further deliberations probably would not produce a verdict The hung jury has the same effect as if no trial took place Babilis 40 remains under a indictment Federal prosecutors are expected to reveal whether they will retry him when they appear before Jenkins Sept 23 "I believe in the charges" said prosecutor Jeffrey Breinholt His superiors will make the final decision on whether Babilis will go before another jury The Babilis camp was disappointed but noted that the Lake City policeman and restaurant investor remains unconvicted 1:itott r:1- - mistrial has been declared in tax-evasi- : ing: 1 f co- habitation must impair the parent's ability to meet a child's needs she wrote "In the present case the trial court failed to make this critical link" she wrote later add- - ' I To disqualify a parent from custody open - ' '' Iii4--- N s i THE SALT LAKE TRIBUNE if k 1 '' '' - 411 1 -- I To Retry Ogden Lawyer - 14- t 2e!!"2a Ift ! ' '' ' -4 v 3 4 p-- '' tt- i - '‘I - ' 4ip i 4 -A - ' ' 016 -- '- - 11:zi Feds Still Have Option 1 - '' —N4''''''1 ±i ProdiV off IL tI - ) tkpc -- - 41111-11--- ‘ 8 - '' - - - 7‘ - : : - :)-1 ' 8-- 5 Page band James C Tucker 35 of Riverton Lynne Tucker who had temporary custody for 18 months while the divorce was pending handed over the girl and filed an appeal In an opinion released this week the Court of Appeals sent the case back to Noel The appeals ruling does not make a new custody award but orders the judge to reconsider his decision and back it up with stronger factual findings "I'm still in a state of shock" Lynne Tucker said Friday adding she was relieved by the new chance at custody "I felt like he decided 'You're gay You shouldn't be a parent'" The appeals judges criticized Noel's custody decision as inadequately supported by facts The higher court focused on two of Noel's findings: Lynne Tucker's cohabitation with another woman and her history of emotional instability Under Utah law a parent's sexual activities do not automatically make him or her unfit for custody Judge Pamela T Greenwood wrote Appeals Court Rejects Judge's Finding Mother Is Unfit Parent depicts a condom Another shows a woman from the waist up wearing only a bra And one poster a reprinted Express Jeans ad has a provocatively posed woman dressed in an unbuttoned white shirt and no 13 MOVIES Ruling Gives Lesbian Mom Chance at Custody Insert Y Newspaper Recalls Advertising the federal SECTION B ZThr$altake'tTiribunt SATURDAY September 10 1994 -r olt |
