| Show A2— The Herald Journal Logan Utah Wednesday August 7 2002 f n Utah & Idaho DdOalhKd) I (DaaoET& Sonpireinni® US Supreme “Whether those issues will remain following resentencing in this district court is problematic and specula- live" the unanimous court said The opinion was written by Justice Gerald Schroeder the only member of the Idaho judiciary to see the execution of a killer he sentenced to die The court made no reference to the other 21 convicted killers on Idaho’s death row whose death sentences are Court ruling cited BOISE Idaho (AP) —The Idaho Supreme Court threwout the death rente nee of convicted killer Donald Kenneth Fdterly on Tuesday citing 'June’s US Supreme Court ruling that “appears to invalidate the death penalty scheme in Idaho” decision the In the court ordered Fetterly to be resentenced setting aside all other issues raised in challenging his conviction and execution until a new sentence is imposed in various stages of appeal Attorneys handling capital murder cares for Attorney General A1 Lance had said in June that the US Supreme Court ruling did not void Idaho’s death sentencing scheme overall Instead they said it affected voids deafflh only cases where the Juries in rendering a guilty verdict did not find aggravating factors in the murders The US Supreme Court in its decision in the Arizona case ruled that in the sentencing phase of a capital Crime a jury not the judge must decide whether the aggravating factors are sufficient to warrant execution Although former state Supreme Court justices have labeled invalid Idaho's system of relying solely on the judge to determine the justification for the death penalty the state has never moved to give a jury any say in the imposition of the sentence in capital cases semiftemi©® Lance’s office had no immediate response to the state court ruling But David Nevin one of the state’s top criminal attorneys who has been involved in death penalty cases saw the decision in the Fetterly case as a signal of the court’s intention to dear out Idaho’s death row “When you strip away all the pro- cedural issues on the central issue of what’s left of our death penalty statute” Nevin said “nothing ' much” ’ Fdterly 49 has been on death row for more than 18 years The Caldwell man was ordered executed for the 1983 stabbing death of Sterling Grammer 43 after breaking into Grammer’s home and binding him with duct tape Grammer’s body was dumped in the Snake River Fdterly’ accomplice Karla Windsor was also given a death sentence that was later thrown out by the state Supreme Court as inappropriate given her background and the fad she was not the one to stab Gram- ' mer Since the state reimposed the death penalty in 1976 only one person has been executed Double-murder- er Keith Eugene Wells who had dropped all his appeals and demanded to die was executed by lethal injection in January 1994 The last execution before that was in 1938 Officer to In briof recommend parole for polygamist Legislative leaders defend state law on ballot initiatives SALT LAKE CITY (AP) — Legislative leaders have pledged their support for the state law that sets requirements a citizens’ initiative must meet to make it Oh the ballot In a brief and hastily called Legislative Management Committee meeting Monday about a dozen lawmakers voted unanimously to submit a friend of the court brief supporting the law which is being challenged Initiative sponsors and activists filed suit alleging that the law violated state and federal free speech arid due process rights The Utah Supreme Court is scheduled to rule on the issue by Aug 30 The statute requires that petitioners get 10 percent of registered voter signatures from 20 of 29 counties It also allows residents to remove their signatures later if they wish “The crux of this case is it’s a battle of constitutional powers” said House Speaker Marty Stephens "The issue is whether the Legislature or the judiciary gets to set these rules” A petition filed for the Radioactive Waste Restrictions Act earlier this year was invalidated after its opponents persuaded some people to remove their signatures from the petition The end result was the initiative failed to meet Utah’s geographical and percentage requirements by a combined 147 signatures ' Hatch says no to FBI lie-detec- five-memb- tests tor PROVO (AP) — The FBI's request that members of the Senate Select Committee on Intelligence submit to polygraph examinations violates the separation of powers doctrine in the US Constitution said Sen Otrin Hatch “Under the separationof powers we cannot put up with this especially from an agency that we oversee” said Hatch a mem- bar of the committee which oversees the intelligence-gatherin- g agencies Last week the FBI asked members of the committee to sub-mit to lie detector tests to determine if any of them were leaking information to the press on what intelligence agencies knew before the Sept 11 attacks Hatch who was quoted in The Daily Herald said he and other senators are refusing to take the test “If they come in and say they’re going to polygraph you how can you oversee them?” hie said Hatch said the leaked informs- lion was already published by the time the intelligence committee found out about it The proposed polygraph tests were part of an investigation House and Senate intelligence committee leaders requested to find out who was talking Hatch downplayed suggestions that the investigations were tied to him Shortly after Sept 11 Defense Secretary Donald Rumsfeld denounced those in Washington whom he thought were disclosing too much about plans to go after Osama bin Laden Hatch who had been on several television news shows was considered the target of Rumsfeld’s tirade “He clarified that statement that it was not members of Congress but people in his own department" Hatch said “He personally called me and said ’I know it’s-no- t you You’ve handled secrets before’” ah Man sentenced for golf course slaying ST GEORGE (AP) — Juan Antonio Olvera has been sentenced to two concurrent terms of nine years to life in prison for his role in the robbery-slayin- g of a golf course employee Ted Banister 37 was shot to death Jan 3 in the Southgate Golf Course maintenance building where he worked Olvera 19 pleaded guilty in May to felony murder and felonies He originally aggravated robbery both was charged with capital murder but the charge was reduced as put of q plea agreement first-degr- GUNNISON Utah (AP) — A parole board hearing officer said Tuesday that polygamist David Ortell Kingston has served enough prison time fa having sex with his niece when the girl was 16 At a parole hearing at the Gunnison prison officer Kent Jones said he will recommend to er the Utah Board of Pardons and Parole that Kingston be released The board will decide within a month whether to parole Kingston Kingston was convicted of incest and illegal sex with a minor and sentenced to up to 10 years in prison in 1999 Kingston’s niece testified during trial that she was faced into marriage and become Kingston’s fifteenth wife in a secret ceremony complete with a wedding dress ring and a honeymoon at a Park Gty hotel She said they had sex four times during the marriage Kingston now says he takes ' the crime responsibility and admits that he had sex with the girl an admission he refused to make while his court appeal was pending Tuesday was Kingston’s first chance to seek early release with a parole board officer Jones said die evidence shows that Kingston forced himself upon a girl who was repulsed by hinL Kingston maintains that the girl spoke to friends and family about hav-'in- g a relationship with him and the two were wed in a spiritual ceremony only after the girl and her family all ee ap photo Joe Borich director of the Department of Corrections Adult Parole and Probation department poses inside the state prison on July 31 at Point of the Mountain Keeping people on parole helps the state Instead of spendng $24000 per year to house a prisoner Utah pays $2000 per year to supervise a parolee We were spending mMions and mWons on prisons1’ said Borich "AH of a sudden the budget’s cut” ' h cash-strapp- 111 U9Hfl1llOVl I ICII IlCII IUV III w 1 1 P°jf toJd him the handyman he d invited into his home to do odd jobs last year was a potential suspect in his daughter’s June 3 abduction Ttoo wedks into Elizabeth Smart’s kidnapping investigation police told the family that Richard Albert Rica was a violent felon With a criminal history and a record of parole violations “I was mad” Smart said “And I was disappointed I hadn't heard this a year ago I never would have hired him if I’dknoiwn” Ricci’s freedom wasn’t unusual In Utah and across the nation art increasing number of prisoners are doing their time on the streets rather than behind bars in an effort known as “offender It’s the solution prison officials have used to ease former inmates baejt into their com- 29-ye- IlOon utm ar WlllClVX munities And it saves money Utah Corrections Director Mike Chabries last year announced a new policy on a risk” he added : cash-strapp- ed per year to house a prisoner Utah pays $2000 per year to supervise a parolee - “We woe spending millions and millions on pris-ons” said Joe Borich director of the Corrections Depart vlldv ment’s Adult Parole and Probation Division “All of a sudden the budget’s cut” Because 97 percent of prison inmates will one day be released “We want to make sure there’s a transition into the community" Chabries said “So when they walk out of the prison on day one they will have a place to go and something to do” ‘That doesn’t mean we ought to put die community at parole violators after budget cuts faced the closure of two prisons and die early release of 400 inmates Chabries said corrections would pursue die system of education and support that sends fewer parolees back to prison for violations such as failing drug tests missing appointments with parole Keeping people on parole state helps the Instead of spending $24000 ed That’s what may have happened in Ricci’s case He was on parole while he worked in Smart’s neighborhood last year Ricci has been charged with thefts and a burglary that occurred in the area during that time Every month the Utah fa t - SeePAROLEE on A6 See KINGSTON on A6 OsxmdtB) WhsaoBB I Review and comment on design options farfhc 400 East Study of two phase potential project Phase I ii a posable new mad alignment thu would connect rhe Island at Canyon Road to (he Boulevard and provide improved intersections with the involved rook and Phase II comm of potential future improvement to 400 Em if trammed and i ©son MJEh (undpL To review and comment on design ideas generated by die engineers far Phase I and IL The designs reflect public concemsinterests and design suggestions gathered during the public involvement process : Dates: Wednesday July 31 Thursday August 8 (The same Open Home is scheduled far two dates to accommodate summer vacation scheduled) Anytime between 5:00 pm and 8:00 pm Wilson Grade School 89 South 500 East Logan ' Tune:' Location: WhoShould Attend? J : Anyone living in or coduimting through the Island Area the Boulevard or any encompass Qiflfsidc the Boulevard area ' areas and communities south of Logan : i i “V'' - I Now accepting appointments r i ’ i i ' - i ' The plana available far your ieview and comment will ham in effect on how improvements should be constructed to mom the increased traffic loads through the cafi of the city At this time Only Phase I of the V funded studied it II but how Phasc determine these to being project increasing traffic volumes wifi be handled on 400 East Through extensive public involvement the people living along this route ham voiced their concerns and anticipated impacn from improvements designed to hamfle the Increasing traffic loads Interned people ham given design suggestions many of which are incorporated into the design idem This is your opponunhy to ieview and comment on both Phaae I (a new connection between cast Island and Boulevard) and Phaae 11 (potential : " U' improvements to 400 East in the Island) r se ' ''-k'- thhmmlocJThsIsogfcoCoop M0Z4HeeCdlPmh : UwUpNMhVfcfa :r f— ’ i1 to wcltomc Vikram Carg MD He a gastroenterology and hepatology fellowship at the Medical College of Georgia in Augusta Previously he completed an internal nictlicine resiihncy at Long Island College Hospital in Brooklyn ' !NewYH-kDGarg attended medical schtxtl at the Uniwrsiiy of Caltutta India Ho also completed a Dr Gatg is married to Prafulla general surgery residency at Grant Medical Colhgc in Btard-aGarg htD a pediatrician who will be joining the Budge Clinic in tiic fall They arc die parents of two children Tlw easterh Logan area will inctease two to three times its current voiufae - f- ' w'v New patients welcome i1 Why should vm? be interested? ' y Pbpulation-ptnR- h sni indicate that during the neat twenty years north iouthtnffic in the 1 Il-f- Pliyavian Division of Cache VJIey is pltMwd r y IK - il’in-t'-j- - 71U1C7 v V |
