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Show Beaver County Monitor Guilty! “Tail (Continued from page 1) Locke adamantly denies NOVEMBER 28, 1996 Murder? Or Self Defense? (Continued from page 1) Leo Kanell; Commissioners Chad Johnson, Ross Marshall, Gary Sullivan; Paul favor of Ranger Enterprises during direct examination of that any of the proposed 2,000 Barton; John Christiansen; Judges Phillip Eves and James Shumate; and Dale James Eldredge. It was also entered into the record that Eldredge has been charged with a criminal offense in beds in Salt Lake Citv will be ty made available to the state system. He also denies that any of Utah County’s 600 capacity plus existing 190 capacity space will be used to house state~prisoners. Locke brought a chart showing that only 402 county jail beds will be added by January 1998 to the 340 already in service. He told commissioners that he works with county jails, and does not keep up with prison capacity increases at Draper and Gunnison. He had no explanation for the $14.8 which was allotted to Gunnison earlier this year. He said he knows nothing about a televised report earlier this month related to housing labor convicts at the Tooele Army Depot. Commissioner Gary Sullivan questioned, “I have never seen (on television) or heard anyone officially talk about having the counties help with the housing of inmates.” Locke answered that in the recent television broadcast titled “No Room At The Jail” reference to county participation had been cut out by station editors. _ 3. Legal Cost For Incidents Involving State Prisoners: Locke confirmed that...in the event of a. criminal incident involving a state prisoner housed in a county Jail.....the county is responsible for the cost of both prosecution and defense of said prisoner. He said Lambert (Attorney representing the County). Braithwaite granted a motion to quash subpoenas of Kanell, Johnson, Marshall, Sullivan, Barton, Eves, Shumate, and Lambert...and later Christiansen, because the defendants did not have Arrest Warrant Not Necessary the ability to pay witness fees. Hamilton cited Article I Section 12 of On cross examination of Goodwin, Hamilton...the only one of the defendants having been arrested only once.....ceminded Goodwin of a June 10 conversation in which he had stated that he would not resist arrest if the officers came with a duly executed warrant. “How long does it take to get a warrant?” he asked. Goodwin answered that it varied between one and four hours. “Between June 10 and September 28, you didn’t have time to get a warrant?” Hamilton asked. Goodwin answered that he did not know Hamilton would be at the sale. Hamilton, who had eluded officers on other occasions, had advertised by public notice that he would be engaged in the potato harvest at the property on the auction sale date. When arrested on September 28, Hamilton requested the warrant. When it was not available, he told officers, “You are going to have to do what you have to do, because I am not leaving peacefully without a warrant.” Ranger Enterprises had requested assistance in finally securing the property after the public auction. Yardley, Goodwin, and Deputies Black, Mott, Chambers, Giles, and Erickson, were on hand to arrest the three remaining church members. They remained in custody during the ensuing 54 days before the trial. there is some legal fee built into the Utah State Constitution, which lists among the rights of the accused: Compulsory process to compel the attendance of witnesses in his own behalf. It further states that: In no instance shall any accused person, before final judgment, be compelled answered, “You do if you follow the rules, which you didn’t.” note: Indigent defendants public defender, witness cost would . be paid by the county. The judge, however, has the option to disregard the indigent’s request to call witnesses.) : Goodwin was called by the State to establish the order of paper service, beginning with the June 10, 1996, Order of Restitution served against Immanuel Foundation members as result of a tax deed signed by Sth District Court Judge James Schumate. He reiterated the pomt that defendants repeatedly returned to property after being instructed to stay away. For approximately 15 minutes after the facts were presented, the judge allowed Goodwin to address jury directly concerning the patience of the Sheriff's Department. Weyman re-established that a tax sale deed had been issued in , Battérles Included’? able Daily Prescription Delivery to sale. Hamilton requested the right to re-call Eldredge. Although the judge granted the request, he allowed Eldredge to remain in the courtroom for the remaining testimonies. He Order by 3:00 P.M. Delivery at 5:00 P.M. did not return to the witness stand. Defense witness Talmage Weis proved to be a little more than Weyman bargained for. Weis explained events Monday - Saturday ' surrounding the 1991 tax sale on the same property, which had been deemed illegal and was never ratified by the county. Weyman asked, “Wouldn’t it have been better for you stay off the property until the court cases were settled?” Weis replied, “Wouldn’t it have been better for the county to wait until pending litigation was adjudicated before selling the (cut off time 1:30 Saturday) Milford Drug 464 S. Main St. Open 10:00 A.M. - P.M. property?” 801-387-2104 Defense witness Myron Hamilton added that a group of 30 to 40 people had purchased the property at a cost of $171,000., and that it sold at the tax sale for $15,000. “There was one bid and one bid, only,” he said. After the jury returned the guilty verdicts, Judge Braithwaite did recognize the defendant’s indigent status and stayed all fines. Condition of the 1-year probation is that they do not return to the property until or unless it is legally returned to them. The judge then closed the trial and left the courtroom without advising the defendants of their right to appeal. Weyman managed to catch him before he drove away, so that he could return to complete this necessary formality. Attention!!! A Tuesday evening power outage caused considerable confusion in the formatting of this week’s paper, resulting in the following changes: 1. Photos of winners from Todd’s Grand Re- Georgia Lee spent a total of 64 days (10 + 54) in jail at a cost to the county of $1,920 plus transportation, public defender, and court costs. Dave Stratton and Tony Hamilton were each incarcerated for 54 days......$3,240 plus '©° end hias never been about money. It is about our rights. Do we have to apply to government for our God-given rights Opening will be published next week. 2: Minutes: School Commission, Milford Council have also been The Monitor inconvenience. We just to make the computers Board, One Week Only November 25" - 30* and the Utah State Constitution?” Defense attorney Brian Jackson had a agood day in court on Tuesday when the jury returned a NOT GUILTY verdict on all charges against his client, Lee Boyter. Boyter had Class B, Class Aj Now you can call Santa direct from anywhere! Activation & up to 5 hours free! * Some restrictions apply. CELLULARONE network 1-800-381-2355 or *611 on your cellular Cedar City 865-0101 St. George 674-5555 Richfield 896-9400 Blanding 678-3162 Delta 864-2525 Milford High School Booster Club Thursday, December 5 Chili Green Salad Fruited Jell-O w/ Cream Hot Roll/ Milk November 11th - December 7th $3.00 per member - $5.00 per family This Year's Goals: 1. New Football Scoreboard 2. 100% Participation 3. New Ideas! Friday, December 6 Creamed Tuna w/ Toast Green Beans Applesauce Cookie/ Milk Contact: Kathy Acklin, Julie Thompson, Maxine Cox, or Cathy Dotson In the child Nutrition Program, no Space for this announcement provided by: person shall on the grounds of race, color, national origin, sex, age, or Circle handicap, be excluded from participation in, be denied the benefits of, or be otherwise been Toys for Tots See's Candy Fundraising Drive December 3rd - $1.00 Each Firemen will assist Search & Rescue members in going door to door Pinion & Balsam Christmas Trees At L 6 L Hardware Open everyday from 9 A.M. to 8 P.M. - Sunday 12 to 8 discriminated against because of race, color, national origin sex, age, or handicap, write immediately to Agriculture, Washington, D.C. 20250. Adopt a Snowman for Toys for Tots At A&F True Value to provide Christmas fora needy child GARY APPLEGATE (801) 882-5169 1275 N. Main P.O. Box 95 Tooele, Utah 84074 Phone (801) 882-2865 S.L#— )582- 1006 FAX #(801)882-2868 County and Minersville City held for next week. apologizes for this haven’t figured a way work without power! which are guaranteed under the United States Constitution irefused plea bargain on the Cole Slaw of was The defendants and other foundation members, who were rendered homeless by the tax seizure and sale, say they [ will not seek.....nor do they want.....welfare or government funds of any kind. Talmage Weis explained, “This is not, County MILFORD SCHOOL LUNCH Monday, December 2 Chicken Noodles Secretary Hamilton 42 litigation is still pending by the church for return of the property. Information entered into the court record during gus the November 22 trial may enhance the claim. < the examination, available for publication at this time. At the time of the 1994 tax sale, the county was trying to recover $10,166.91. Title has the highest tax rate in the entire state. subjected to discrimination. If you believe you have In cross to the county, such as securing the property for Ranger Enterprises and Beaver County’s legal defense fees are not in every promotional meeting .., fhroughout,. this,,,;) process. ~ According to the Utah Taxpayers Buttered Com Sliced Pears Hot Roll/ Milk Wednesday, December 4 Cheeseburger w/ Homemade Bun Tater Tots Pickle & Cheese Apple Crisp/ Milk the outcome of the felony cases against the Eldredges.) transportation, public defender, and court costs. Other costs Juan County has been acclaimed Potatoes & Gravy are technically allowed to subpoena witnesses without paying license fees if they have formally been declared indigent. As with the cost of the 4. Trivia: A. Success of the inmate housing program in San Peaches Crackers/ Milk Tuesday, December 3 Baked Chicken (Editor’s in the Beaver High School Auditorium. Sponsored by the Beaver County Domestic Violence Coalition. answer. (Editor's Note: If the Immanuel Foundation defendants had been represented by an attorney, it is most likely that their case would have been postponed until after announced “something like” a pending litigation on the Vance Springs property before he bid on it at the 1994 tax Braithwaite County Prosecutor, has to tell you about this case, Wednesday, December 4, 1996 at 8 p.m. misdemeanor.) For such questions as, “Did you have a gun pointed at Hamilton?” and “Did Don have a gun?” Eldredge stood behind his 5th Amendment Right and refused to the guaranteed rights. decide to sue him personally. Juan a establish that Eldredge was aware that Paul Barton had Although there is a possibility that this amount can be diverted to the county, he would not specify an actual dollar figure. San 1996, where her life, she shot him one summer night, why was she arrested for murder? The State vs. Mary Jeanette Kelley. Hear what Scott Burns, Iron firearm was discharged. (Kanell said after the trial that he would probably seek a plea bargain in this case to reduce the charges against Eldredge and his son from felony to to advance money or fees to secure the lease in case a prisoner should Association, connection with an incident on July 21, For years she was physically abused and threatened by her husband. When in fear of |