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Show Court Cases Include Wildlife, Burglary, Drugs, Sex Charges PANGUITCH An atternoon hearing on alleged wildlife infractions by three Circleville defendants; coupled with the usual morning caseload kept Judge David Mower busy for a full day of court in Sixth District Court in Panguitch on April 17.. In an incident that took place on Sept. 5, 1996 in Circleville Canyon, Merlin Jay Robinson, 55, was charged with three counts: wanton destruction of protected wildlife (a mule deer buck), a class A misdemeanor; waste of wildlife, a class B misdemeanor; and criminal conspiracy, also a class B misdemeanor. His wife, Brenda Robinson, 56, and their son Shane Robinson, 36, were both charged with aiding and assisting wanton destruction of protected wildlife, a class A misdemeanor; criminal conspiracy, a class B misdemeanor; and obstructing justice, a class B misdemeanor. Brenda Robinson had a fourth charge on record of aiding and assisting waste of wildlife, a class B misdemeanor. The Robinsons' attorney Paul Frischknecht of Manti won a round when he introduced a motion to suppress the testimony of key witness Becky Robinson, wife of Shane Robinson, that was taken by Garfield County Deputy Danny Perkins and DWR Conservation Officer Michael Fowlks on Sept. 6, 1996. Frischknecht argued that Becky Robinson's testimony had been coerced by the officers and that the experienced officers should have taped the session. Frischknecht claimed that his client's testimony was nonvoluntary non-voluntary and made under the threat of being charged as an accomplice, being sent to jail and losing her children. He also questioned why the officers had failed to tape the questioning. Garfield County Attorney Wallace Lee argued that Robinson Robin-son had been read her Miranda rights and told the officers she understood them, and that she had told Fowlks that she was "tired of lying." Judge Mower ruled in favor of the Robinsons and ordered Becky Ronbinson's testimony suppressed. sup-pressed. (See Court Cases Include Some Serious Charges On Page 5A) Court Cases Include Some Serious Charges From Front Page Frischknecht's second motion to sever his clients' cases was placed on hold while the state determines whether to proceed with the case. Kathy Leibenguth, 37, of Escalante appeared for a review of her case. Her attorney, Paul ' Christensen, told the judge Leibenguth had recently completed com-pleted a 30-day inpatient substance sub-stance abuse program at the Horizon House in Cedar City, as well as her community service, and was satisfying the 52-week court-ordered after-care program also monitored through Horizon House. Lee reviewed the case for Judge Mower. Mower entered a judgment to Leibenguth' s earlier plea of guilty to possession of methamphetamine, a 3rd degree felony. He sentenced her to 0-5 years in prison which he suspended, sus-pended, placing her on 36-months probation. Lee and Adult Probation Proba-tion and Parole Officer Reid Bean agreed that she should receive after-care directly in Cedar City rather than through a local counselor. coun-selor. She was also given credit for 30 days already served in jail and will pay her fine at a rate of $20 per month for 34 months. David Donald Seals appeared before the court charged with probation violations. Lee concurred con-curred with the state's recommendation recom-mendation that Seals complete the inpatient substance abuse program at Horizon House in Cedar City. Seals was subsequently subse-quently ordered to complete the Cedar City program by July 1 or spend 60 days in jail. If Seals pays for the program himself, the cost, $955, will be deducted from his court-ordered $1,000 fine. In a plea agreement, Seals admitted to violations of his probation that included possession and use of alcohol and marijuana. His probation was revoked and restarted, adding in admission to the treatment program. Jerri Messer, of Hatch appeared in court for review. She had served sufficient time in jail following surgery to satisfy the court, so Mower amended her judgment, placing her on 24-months 24-months supervised probation through Washington County. He ordered her to pay a fine of $550 at the rate of $25 per month for 22 months, and to receive counseling through Southwest Mental Health. Clayton Burningham, Pan- guitch, was represented in court by Attorney Dale Eyre, for Marcus Taylor. He was before the court on probation violation relating back to an assault charge which had been plea bargained down to disorderly conduct. His plea in abeyance was amended ordering him to serve 10 days in Garfield County Jail either consecutively conse-cutively or in 48-hour intervals to be completed by May 18. An additional 12 months was added to his plea in abeyance causing it to run until March 1998. A hearing was set for May 15 in a separate order to show cause on another violation. Christine Pollock, 41, Panguitch Pan-guitch made an appearance on an order to show cause why her probation should not be revoked for failure to submit to a random drug test and failure to complete payments on a fine to the court. Her plea in abeyance was amended and extended until April 1998. She was also ordered by the court to receive an evaluation for possible substance abuse treatment at Horizon House in Cedar City and pay $70 on the fine by June 5. Shayne S. Angle, no age available, of Bennion was set for an initial appearance on three counts related to building code violations within Garfield County on Nov. 1, 1996. Angle is charged with interference with a public servant, a class B misdemeanor, misde-meanor, violation of state rules and regulations regarding public health and sanitation, a class B misdemeanor and construction without a building permit, a class C misdemeanor. A summons and notice to appear on Apr. 17 was served however. Angle had sent a letter to the court stating that there was no such person as Shayne S. Angle at that residence. resi-dence. The court authorized a warrant be issued in the amount of $1,000. Ken Church, 47 of Kanab was slated to make an initial appearance on two separate counts, one for issuing a bad check, a second degree felony and one for theft by deception, also a second degree felony. Both Church and his counsel, Cathy Johnstone were unable to appear and asked for a continuation until May 15. Neil Arthur Sawyer, 39, Panguitch made an initial appearance in court on six separate counts. Sawyer was represented by Dale Eyre with Marcus Taylor out of Richfield and was charged with attempted rape, a first degree felony, four counts of forcible sexual abuse, all second degree felonies and aggravated assault, a third degree felony. Sayer was released on bail set at $10,000 and a pre-pliminary pre-pliminary hearing was set for May 29. Mark Evan Milby, 37 of Summit was brought from jail in Cedar City to make an initial appearance in court on three separate counts relating back to a burglary which took place at Bear Paw Lake View Resort at Panguitch Lake in January of this year. Items taken at that time from a shed were three new Rebound mountain bikes, two-new two-new Timberline mountain bikes and two Honda outboard motors. On information received from the GarfieldIron Counties Narcotics Task Force, Milby was charged with burglary, a third degree felony, theft, a second degree felony and criminal conspiracy, also a third degree felony. Milby 's wife was attempting to hire a lawyer and bail had been set at $25,000 on a no release stipulation out of Cedar City, as Milby was currently on parole from Utah State Prison on another incident. Milby was subsequently awarded the services of Public Defender Floyd Holm and a preliminary hearing was set for May 9. James Robert Norris, 36 of Cedar City was also brought from jail in Cedar City for an initial appearance on the same charges as Milby. After Norris' mother was involved in a serious accident, he was released from jail to travel with family members to a Salt Lake City hospital. Before his release, was instructed to talk with his counsel, Parks and Barnes, Cedar City, and return to court April 28. A hearing scheduled on Michael Hill was stricken from the court calendar at the end of the day as no one had appeared in court. It was subsequently learned from Court Clerk Dawna Barney that monthly reports are now being regularly received by the court on Hill's treatment in a sexual offender's program in Lawrence, Kansas. |