Show f' -- Tnsr sr TD H Serving Utah’s Great Pahvant Valley Delta Utah $20 00 m county $25 0Q out of county 4 montht $13 00 (In Atfxauw) Copy 50C Semor e5 a 'vi 1 18 cM&) & cou1 Hamilton sets retrial by Ken Rand The second decree murder conviction of George kcsley Hamilton has been overturned He mill have a new trial Hamilton mas concreted in August 1987 in connection with the death of Sharon Sant of Fillmore two years earlier The body of the Southern L’tah State College student mas found near Cose Fort The body had been dismembered Hamilton's original trial mas mosed from Fillmore to Provo Fie mas sentenced to a term of five years to life ta the stale prison mith a recommendation he be denied parole But a member of the jury shomed other jurors a nemspaper article mritten about the case during deliberations Hamilton's attorneys said that prejudiced the juror and invalidated the serdict Fourth District Judge George E Balhf agreed The nemspaper article in question appeared m the Proso Herald It quoted Robert Bott original) a suspect m the crime as saying Hamilton killed Sant While Hamilton's attorney Fted Met os said "other jurors did not see the contents of the article until after the deliberations mere over and a decision had been made' he believed the juror that brought the article into tlie courtroom had seen Met os said “It's an article that should not base been mritten in the course of the trial” Special Deputy Millard County Atconceded torney Das id Thompson "one juror had in fact read the article and had that information in his mind" But Thompson further argued it w as a harmless error "There’s no doubt in my mind that this defendant is guilty of this crime" he said "The judge is issuing his mritten decision today” Millard County Attorney Warren Peterson said Friday Feb 24 "The formal ordet has not been filed yet It wiU be filed in the next When that is issued fem days mill be remanded Hamilton to the Sheriff’s Office to be held on the original bond until retrial" Peterson repealed eajher comments that the judge could not be faulted mhateser he decided "I told you he'd be right mhicheser ay tie ruled on he said "and I think he has probably chosen mhat m the end result is going to be the safest course for a successful retrial I don’t like the fad that me have to retry it It's just an absolute shame it has to be retried but I think the judge chose mhal is the fairest approach lor n" ery one" W hen asked if the trial mould again be held in Provo Peterson said '"We ev Pool public hearing ii planned by Rea Rand ill be held T public hearing March 21 in I lllmoreon a proposed tianbfer of city funds to build 8 swimming potJ Mayor ketth Gillins said the hearing is requited by lam to transfer the funds It mill be held as part of the regularly scheduled city council meeting that " W e ill hear public comment evening so the council can make a decision that night either to transfer or not to based on the public hearing transfei the money to the Last Millard Recreation District" he said Millard County has pledged to match $250000 in city funds to build the pool The city council voted Feb 7 to approve the finding but reversed itsell the next day when questions arose about scheduling of a bond election lor operation and maintenance and what kind of pool would be built Millard C ounty officials met w ith the A Fillmore Feb 21 to city council Tuesday dibcuss the isbue GiUins said the county proposed the city and county money go to die Fust Millard Rttureauoa District Who now act as temCommissioners porary board of directors for the would then appoint a new district board and proceed from there Gillins said It w as suggested by one city council member that the county commissioners find out if it is legal for them to continue to act as tlie district board Jt may not be since the district is a special taxMke ing entity and Commissioners Styler and Frank Baker don’t live Jer’E within its boundaries lives in Iillmore Brinketholf "Tlie reason the councilman made "is that suggestion" Gillins said because they are elected officials and he would feel better with elected of- - See POOL page 4 he rites Spring arrived m Millard County Saturday Feb 25 It came in the lorm of sunny weathei li reached 4 degrees in Delta 67 in I illmoie People were driving with their windows down kids were out on bicycles and skateboards people were wearing shorts and shirts Spring arrived lor Josh Moody both ol Delta and TJ Tavlor who went fishing The two alert lor patches ol mud along tlie river bank searched for carp just a lew sards downstream Iron) the Gunnison Reser- - haven’t decided that yet" Hamilton cannot legally be held in the state prison until he is convicted of a crime He has been remanded to the custody of Millard County Sheriff Ed but Phillips may decide to Phillips have Hamilton janed in a county facility on the Wasatch From rather than have him ret urned to the county jail in See TKIAL page 2 Bulletin The preliminary healing m the case of tmo men accused of capital homicide m connection mith the death of Gordon Ray Church has been scheduled to resume Monday April 3 The hearing for Michael Anand Lance thony Archuleta Wood started in Conmay January m Fourth Circuit Court in lilmore J ustice of the Peace Ron Hare granted a defense motion for a delay Church a student at SUSC disappeared Thanksgiving meek His body mas found near W'ood and ArCove Fort chuleta mere arrested the day after Thanksgiving and chargnh his death ed m connection Hare had earlier granted a motion to conduct the hearing behind closed doors A petition by attorneys for the Salt Lake Tribune to reconsider that motion has been denied Millard County Attorney Warren Peterson said he expects the balance of the hearing to last from tmo to four hours He said he expects Hare to rule from the bench on mhether the fmo men should be bound over to District Court trial for Public notices Notices begin on page issue They include: —Bid 9 of this announcement for Dam improvements applications due —4 zoning ordinance notices —Delta bypass public hearing opportunity -- 2 notices to mater users "JPSC bid announcement —Trustee sale bap io —SSBG $20 out 1989 2 Dove’s is closed by Res Rand Doe'c Happy Service Market in Delta closed ns doors at the end of the business day Friday Ftto 24 No one Inoms mhen a mjJ reopen Local shoppers emptied the shelves of stock mhen the liquidation began several days ago at 20 percent discounts Prices mere marked domn 39 percent for several days and 40 percent he fmaJ day The liquidation mas ordered by the court as pan of Chapter 7 bankruptcy proceedings against the grocery chain Deon Dove of Spnrgvdle omes more than $29 million All 10 Dove's stores in Utah have been emptied Stores mere located in Delta Provo Spring wile Kanab Spanish Fork Gunnison Mt Pleasant Heber City Roosevelt and Richfield During the liquidation no checks or coupons mere being accepted It mas cash and food s'amps only "When you’re doing a close out" Fleming J oods repiesentatne AJ Leavitt said "I ihirk people have a tendency to Jeel Lke they may never see you again In the past me've suffered some pwetty big kisses by accepting checks It's just a lot easier not to ao n As for coupons tf just tak es mote tin e and it costs us mote monev Leaviti aformer Della resident mas at the sure looking after his compiany's interests in the liquidation fieming foods is one of Dove’s largest creditor s T he company ith a div isiou ir bah lake C ity and home offices m Ok lahoma City is the largest grocery wholesaler in the country It is not known mhen or if the suite mitl opien again but Leavitt said if it ill probably be an IGA store does j ‘W e hope me ill be able to find a new owner" he said "and me mould prefer it to be an IGA " HJ A Independent Ci ooers Alliance is a franchise national group with which f leming is associated "J leming for is the supplier and cootduiator JGAs in this atea" Leavitt said ‘W e feel pretty confident there mill be somebody back m here" lie said "but J can’t give you a timetable on it We mould love it to be next meek because me want to sell groceries ” Store Manager bob David said he was looking lormatd to seeing the stoie reopen "11 something opens here obviously ihere’Il be a lot ol interest” he said “We mould like to see it open again J think the community mould like to see it open ” and There mere about 30 employees at Dove’s ui Delta David said pavroll mas "somewhere JU ' 'dost Out Pert vnV yiny in 'J0 replat ed with '( lov-- windows Dcrye'y hay yint siny Sparry fight fa- - ky out shopper Jan J urnw Dove s to weasel out” of gav it g $5 million m sues taxes "I i now the mayoi o' De 'a ny lout ot five ytis ugo was awue that thev were nut gay and Stvier said it g then sans he got abet Mu tax commission and wasn taicu caie ol Vve can see the ttsU's ol Vat now $ ou can almos' see a guatan'ei Del' a will nev ' atound 15900 to 5000 8 meek Part of Dove's $29 million debt is $5 million owed the s' ate tax commission in unpaid sales taxes J hat monev cannot be collected Delta will lose about $110990 ”Iht chances ate very slim that we will get rt at this point” Delta Mayor Ruth Hansen said bhe said legal op lions ate being invest igaled Cocn'y Commissioner M ke Styler said he is dishorn aged and angry that the stale lax commission has allowed pit ny S'vler said he ptna’e icopcri 'he Del' a uu is awa't of seveai envies wnlig to s'oc x off a' 9 W votr which was still covered with a sheet of ice Spring arrived lor several families who went swinging sliding tetter pluving in the vandpile and lottering lot in the Delta grinning and giggling a City Bark Sprmg arrived lor a car mash m Delta where business was brisk hvle Banison was one ol doensol residents ol the warm who look advantage weather to scrub some ol the inter oil tlie bumpers It was a great dav ii Rvli ISPS 349520 Vo! 79 No 35 Mar County Barnson Josh Moodv (in Astro shift) and TJ Tavlor Vince Crawioed also tiiere pushes Adrian B f thne 10 is at left Jan 3 was t |