|Paper||Beaver County Monitor|
|Rights||In Copyright (InC)|
|Rights Holder||Alice Smith, Milford, Utah|
|Publisher||Digitized by J. Willard Marriott Library, University of Utah|
|Paper||Beaver County Monitor|
Beaver County Monitor JULY 12, 1996 Supreme Court Strikes A Blow i June 26, 1996 News Release from the office of Utah Attorney General Jan Graham (complete and unedited): In an opinion heralded by Utah Attorney Jan Graham as “a major victory for law enforcement” the United States Supreme Court ruled June 24, 1996 that prosecutors can both seize the assets of drug dealers and charge them with drug crimes. According to Graham, the opinion will impact “literally hundreds” of cases in Utah. The high court’s opinion stemmed from two federal cases, but it applies to state courts as well. UNAPPROVED MINUTES SCHOOL BOARD Drug Dealers, But... asses a joint in your back yard. | Editor’s Note: Todd Utzinger, from Jan Graham’s | tradition dating back before the Constitution, | in prison. A federal appeals court reversed Ursey’s criminal conviction on the ground that he had been “criminally punished” when he settled the civil forfeiture action and that his criminal prosecution violated the Double Jeopardy Clause of the Fifth Amendment. That clause prohibits the government from punishing a person twice for the same criminal offense. In the other casé, Charles Arlt and James Wren faced drug conspiracy charges and several counts of money laundering. Before their criminal trial started, the United States moved to forfeit property the two had purchased with illegal drug money as well as $405,089.23 in cash that came from illegal drug sales. After Arlt and Wren were ' convicted and sentenced to lengthy prison terms, the disputed property and money was forfeited to the government. A federal appeals court invalidated the forfeiture, reasoning that it violated the Fifth Amendment since the two criminals had already been punished in criminal court. The U. S. Supreme Court agreed to review both rulings. Utah Attorney General Jan Graham was so concerned about the case that she had two of her attomeys help prepare an “amicus brief” to the Supreme Court explaining why the federal appellate court rulings were incorrect. Forty-seven other states joined that brief, which was filed by the National Association of Attorneys General. The Supreme Court sided with the federal government and the 48 states that submitted the amicus brief. 10:00 A.M. and an invocation was offered by Nicholas R. Dotson. | regaining popularity about 1977. Logic being that it | ]_ is better to take assets out of the hands of criminals, so | 63 months Holmes, Assistant Superintendent Donald J. Willden, and Business| Manager Nicholas R. Dotson. 1, The meeting was called to order at confiscating property before the accused is tried in | } criminal court. The decision rests entirely with the | | prosecutor. He said forfeitures are a long-standing | | that they can not be utilized in the commission of | additional crimes. Property is commonly sold, with | paying the government $13,250. He was later convicted of the criminal charges and sentenced to to consider the propose!996-97 budget and adjusting the 1995-96 office, confirmed that counties have the option of | _ present were Superintendent Carl M. In the first case, police found marijuana government. It also indicted Ursey for growing: marijuana. Ursey settled the forfeiture suit by being the time set for public hearing July 2, 1996 Present: Norman L. Lamb VicePresident and Board Members Pat Rimpau, Rondo T. Farrer, and G. Brent Edwards. Board President C. David White was absent. Also Be nice tobigs or be ee to0 forfeit | | your home if the neighbor kid is caught smoking | growing at a house owned by Guy Ursey. Because Ursey was using this house for criminal activity, the United States sought to have it forfeited to the PAGE 4 2. It was moved by Rondo T. Farrer, seconded by Pat Rimpau, and unanimously passed that the minutes of June 4, 1996, be approved. | proceeds going back to the agency responsible for the | forfeiture. Monies are not paid directly to officers 3. It was moved by Rondo T. Farrer, seconded by G. Brent Edwards, and unanimously passed that the bills be involved, with the possible exception of overtime | | directly related to the case. Confiscated vehicles are | 1 often used for undercover work. approved. While seizing of assets may leave the accused | without means to hire a defense atte omey, Utzinger said | a public defender is available to nits unable to pay | 4. Upon recommendation of the Principals and Superintendent for their own defense. | available Public defender service is for individuals facing a jail sentence. | Forfeiture of property held jointly (husband/wife or | | unrelated business partners) and ae or | | parent/child relationships may be tested as task forces | step up their war against crime. Public defender | service is not available to innocent joint, related or | associated owners, who are left...due to the forfeiture... Coaches, Shannon Brush-Girls Volleyball Coach, and Jon Marshall- Girls Basketball Coach. | 5. The Board left at 10:15 A.M. to | _ Misit the new and old high schools. | Board meeting resumed at 1:10 P.M. | 6. Ten patrons were present and | asked about Kindergarten staffing, | classroom for Kindergarten, and ‘mumber of Kindergarten classes. } Superintendent Holmes explained In 1993 the Supreme Court did rule, in the I case of Austin VS the United States, that Excessive Penalty clause in the 8th Amendment had been violated. Two grams of cocaine were sold to an undercover narcotics officer by the owner of a South Dakota auto body shop. His business and } surrounding property, including his home, were seized, and he was also sentenced to prison. Innocent Owner Defense has also been upheld when renters were | charged with narcotics violations not involving the actual property owner. | : Utzinger can be reached at 801-538-1 130 for | | additional information. _ Suggested serious reading on the subject of | that two’ portable classrooms are being placed at the Belknap- one 40' | x 24' and one 60' x 24'. The 40' x 24 will be used as a Kindergarten classroom. It appears at this point that the Kindergarten student | government confiscations: U.S. War on Drugs Is | numbers | columnist Sidney Zion. Opinion page of the July 7 can be obtained by aise = The article appeared on the Salt Lake Tribune. Copies | 801-237-2775. = a | | | and to comment will require that classes be held. three Jody Sagers will teacher two of the classes. A teacher for the other class will be determined request, and the case was put on hold pending the ruling from the United States Supreme Court. seconded by G. Brent Edwards, and unanimously passed that the 1995-96 | budget be adjusted to those figures $30,00C )Superintendentert Holmes HOW DO I KEEP STRAY ANIMALS OUT OF MY YARD? Answer by: Clell Bagley, Utah State University Extension veterinarian If you feel like your yard has become a kennel for stray animals this summer, you are not alone. Animals tend to visit other yards more often in the summer. Consider one or more of these methods to get rid of strays. Also keep in mind that safety for both humans and the animals should be considered and that not all methods are effective for all animals. If you are building a fence, consider what animals you want to exclude as you select fencing materials. If you already have a fence and want to deter cats from climbing it, place strips of double faced tape or plastic along the top. They do not like the feel of these materials on their paws. . salaries be increased by the following amounts because they do not have a salary schedule and approximately $800.00. Cost may be ower if Milford was discussed. Approximate cost for project would be $17,000.00. will be holding a workshop in Beaver on July 19th, from 5:00 P.M. to 6:30 P.M. All teachers need to be invited. Water propelled from a cup, pitcher, hose or toy water gun can dissuade new Beaver High School. Would be of the Belknap Attention Humulin Use Administrator $2,416.00. 16. - There being no further business to come before the board, the meeting was adjourned at 5:30 P.M. The above minutes will be presented for approval at the next regularly Until scheduled such time meeting. they are considered unofficial. Comapny from out of — town? New. baby in the family? Military News? Something happening Diabetics!!! our Insulin $16.19 Insulin Club Gard . BUY. 6 Bottles - ; Get.1 Free i “BG One TOUGH Snipa $31. 96 100 One Touch Strips $55.99 Large Selection of Diabetic Candy the as LET US BE YOUR HEALTH CARH SPECIALIST! : during the July i, in Pucbls, Colorado. How to Buy a Hearing Aid excellent booklet . the American Hearing and styles and new technology available. Also, the literature recommends Mich.,(8 10)632-5797. and a repellent made from natural food grade ingredients difference between a specialist from Natural Products of Bozeman, Mont., 1-800-289-6656. and a hearing aid salesman. Certified audiology services are provided on a If all else fails while trying to get Fido to leave your yard, help is available through your local animal control agency. They also assist with wild animal control. B.H.S. Principal $2,400.00. ‘M-HLS. Principal $2,200.00. Assistant Superintendent $2,571.00, Superintendent $3,078.00, and Business Bulloch Drug has the lowest Prices in Southern Utah Lodeo pbssoctation Finals Minneapolis, Minn.; "Boundary Pet Repellent" by P-Pet Products of Brighton, lights are activated when a barrier is broken by the animal's entry or movement. With this method, it is important to consider the effects on the animal as well as neighbors within audio range. Elementary Principal $2,100.00, Minersville Principal $2,100.00. LLOCH DRUG | 91 Cedar | Hivan North Main City, UT 84751 586-9651 Vickers, R. Ph. a precautions to take so that you know how to tell the Repellent devices usually involve a triggering mechanism so that sound and administrative between the curb and the city street. Approximate cost $6,500.00. in your school or, community? 14. It was moved by Rondo T. Farrer Involved in an interesting club seconded by C. Brent Edwards, and projects? Send your news to Beaver unanimously passed that the |County Monitor, P.O. Box. 224, board go into closed session at Milford, Utah 84751. . Dog Licenses Are Due different that 13. Will work with Beaver City on see if a multiple use agreement can animals from visiting. Even if the water doesn't make contact, the motions involved — Association (ASHA) “How to and the water landing nearby will send the message that animals are not welcome. Buy a Hearing Aid” is FREE This method, however, can be time consuming and requires that someone regularly by calling 1-800-548-0356. monitors your yard. This booklet Moth balls can be an effective area repellent, Homemade repellent recipes recommends what to look for can work as well. Try chopping one whole Spanish onion and one jalapeno pepper. in a hearing instrument and the Put into two quarts water with one tablespoon of cayenne pepper and boil for 20 minutes, Cool, strain water through a cheesecloth, then spray with a garden sprayer in areas where animals are being a nuisance. You may need to spray for up to two weeks. Some other products available include "Get Away" by IntAgra Inc. of and are individually set. Belknap Principal $2,200.00, Milford installation of asphalt north of the National High School by LDS. . Church 11. Two blocks of curb and gutter along school property on 300 West in beestablished 8. A parking problem on the east YWnighttn attending the An the participates. Holmes will meet with them later and Gat tk written Speech changes 450% signs and have the metro police force PEHMLIST lane 97 budget as shown on the same form help with the situation. 9. Budget ee 2:00 P.M. This HSK A and salaries be increasec be adopted and placed on file. 10. Sealing the asphalt surrounding the tennis court at Beaver High School was reviewed. Will cost “The last is for protection a the people, Rules are rules, and any fool can see we ton 't evening and early morning hours was need no low life druggies scarin’ decent folks like you and me.” Slightly misquoted from a Kris discussed. Will post No Loitering co oe aes ne bids, but time will be allowed for a local contractor to examine building for possible use apartments. side Kristofferson song. increments will continue to work on demolition Beaver City is still interested in using citizens of Ui -by Pat Rimpau, seconded by G. Brent Edwards, and unanimously passed that the teacher salaries be raised 4.00% on the base, plus shown on Form F-16, and the 1996- Given its potential impact in Utah, Graham said she had been “on pins and needles” waiting for the U. the old cafeteria and Superintendent _ §. Supreme Court’s ruling. Graham charged that the “whole double jeopardy argument in some of these drug cases is just a defense lawyer’s trick, a way to get a criminal off the hook for obviously illegal behavior.” She concluded that the high court’s ruling “is a real step forward for law Sonim a step that will help the and moved and seconded that regular session resume at 5:15 P.M. 15. Negotiations were discussed and reviewed again. It was moved later. If final enrollment figures are 7. Superintendent Holmes reviewed stated: “These civil forfeitures- and civil forfeitures generally- we hoe do not constitute ‘punishment? for the demolition and asbestos problems purposes of the Double Jeopardy Clause.” of the old high, sct _ Asbestos , Graham hopes the Supreme Court ruling will help ets office in a casenow before the Utah Supreme needs to be removed ftc m, 400 feet a Court. In that case, Wallace Davis, a juvenile probation officer, was charged with possession of a quarter gram pipe and the old furnace in the of cocaine. Officers found cocaine in Davis’ car after arresting him on unrelated charges. Salt Lake County ' basement before demolition can take sought and obtained the forfeiture of Davis’ car before his criminal case went to trial. Davis urged the trial court place. Approximate cost for asbestos abatement appears to be $20 - Graham sought discretionary review by the Utah Supreme Court. The Utah Supreme Court granted Graham’s. on the current proposed budgets and the budget having been examined by the board, it’ was moved by Pat Rimpau, to be made. to dismiss the criminal case on double jeopardy grounds, but District Court Judge J. Dennis Frederick denied "his request. Davis appealed Frederick’s decision to the Utah Court of Appeals. By a 2-to-1 vote, the appeals court reversed the trial judge and held that Davis could not be prosecuted for possession of cocaine because the State had already forfeited his car as a punishment for the same offense. Convinced the court of appeals was mistaken and concemed its ruling would hinder law enforcement, present, (five patrons) being given an opportunity. different, some adjustments may have In a detailed opinion, the Court those After discussion the board decided to eliminate the sidewalk and put the Holmes, it was moved by Rondo T. curb and gutter as close to the fence Farrer, seconded by G. Brent as possible, thereby keeping the 300 Edwards, and unanimously passed West roadway as wide as possible. that the following be hired: Belknap, Will work with Milford City on costs Jimmy Beard-Teacher - Milford and installation of curb and gutter Elementary, Melissa Rose-Teacher only. Minersville, Nedra Bunker-Teacher 12. Pat Rimpau reported that the Beaver High, Thane Marshall and Jay Five County Committee on Music Bunker-Assistant Boys Basketball © | without means to seek retum of all, or their portion ,of | | the effected property. Damaging Bill of Rights by New York Daily News budget 3:40 P.M. Personnel and Negotiations Discussed It was For Your Convenience Milford City will Sponsor A Rabies Clinic Saturday July 20th 9:00 A.M. to Noon Milford Maintenance Shed 101 West 600 North with ‘Dr. David Urie regular basis at hospitals in the following cities: Cedar City, Beaver, Panguitch, Fillmore, Delta, and Milford. Milford Monitor .