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Show Attorney Implicates Matheson in Pvlotion By David Fleisher Gov. Scott Matheson joined with other state officials in a conspiracy to cover up the facts of the death of John Singer, according to a voluminous memorandum filed last in federal court by attorneys representing Vickie singer and her seven children. The memorandum was filed in response to defendant's motions which stated that the $111 million wrongful death suit be dismissed. Singer's motion says the controversial case should be tried before a jury and that defendants' request for summary judgements should be denied. Gov. Matheson is described in the motion as "perhaps the most responsible" for the death of John Singer. "He was the man of ultimate authority in this state and at any time could have acted to save John Singer," the motion says. Robert Hansen. Utah's Attorney General at the time of Singer's death, was involved directly in the case, according to the motion. "Although Attorney General Hansen did not involve himself in the actual planning of the arrest of John Singer." the motion says, "nevertheless he took an active part in the attempt to coverup thereafter, thereby joined the conspiracy involving the other defendants in this case." Utah State Medical Examiner J. Wallace Graham, who performed an autopsy of John Singer's body, is also implicated in the cover up. according to the motion. "Either Graham was one of the world's largest jerks and unwittingly joined the conspiracy to cover up and permitted himself to be used publicly in forwarding the interests of the cover up, or intentionally got involved in the thing." says the motion. "He (Graham) admits at his deposition that the autopsy did not reveal whether there was one or more than one gunshot." the motion continues. "He was quick to admit at his deposition that his autopsy results were consistent with multiple gunshots." After John Singer was killed January 18, 1979, Dr. Graham concluded he had been shot by one shotgun blast, and he reaffirmed that conclusion -last week after an affidavit was filed by a forensic pathologist from Arizona. Dr. Heinz H. Karnitschnig stated in his affidavit. "it would have been impossible.. for the wounds suffered by John Singer to have come from the single shotgun blast, but instead the wounds came from one or more shotgun blasts or a combination of a shotgun blast with shots from another weapon or weapons." Defendants in the controversial case allege Singer was shot in self defense when he drew a loaded pistol and pointed it at the arresting officers. Vickie Singer's chief counsel. Gerry Spence. a Jackson. Wyo., attorney, maintains Singer was shot at least once in the back as he was fleeing to his house in Marion. "When he (Graham) completed his autopsy, he should have made his report and gone home and gone to bed." the motion by Singers' attorneys says. Instead he appeared on public television and gave a press release. He never told the press that his findings were consistent with multiple gunshot woulds nor that there may have been more than one shot. Instead, he gave false and misleading information to the public, saying that the physical facts of the autopsy supported the officer's contention of self defense. That's like saying that somebody who has his eyes closed is dead." In conclusion, the motion says of Dr. Graham, "That he was a state employee, that his job was subject to the grace and good will of those above him under whom he must work in close cooperation lends credence to the proposition that Graham himself was involved, willingly, at least, to the extent that he knowingly permitted his office to be used for the purposes of establishing an important but false hinge upon which the cover up of the facts surrounding John singer's death could be made." "Even when the case was over and John Singer lay dead in the snow, he (Matheson) joined in with the restof the conspiracy in claiming that the officers had acted correctly... yet he had no personal knowledge and made no personal, investigation, nor did any of his officers, upon which he could make such a statement. It was an obvious attempt on the part of politicians to cover up the facts of this case." And the memorandum, says "This governor not only knew that John singer's rights were being abridged, but he was the one who personally was responsible for turning the stae loose on John singer." Robert Wadman. director of the Division of Narcotics and Liquor Law Enforcement. Larry Lunncn. director of Public Safety, and Robert Reid superintendent of the Utah Highway Patrol were, according to the Singer motion involved in planning various arrest attempts on John Singer, and the three were also involved in the eventual conspiracy to cover up the facts following Singer's death. "Lunnen was Wadman's superior," the motion says. "Reid was invovled in the planning sessions. ..and it is apparent he was knowledgeable and involved as a department head. There was personal involvement of each. Lunnen kept the governor informed and supervised Wadman, and Reid took part in the planning, dispatched his men, and was otherwise involved. Reid's own regulations required an investigation of the killing and preservaiton of evidence, neither of which was accomplished." Attorneys for Mrs. Singer and her children claim this case ultimately developed into a power struggle, pitting local and state Mormon officials against an excommunicated "Mormon renegade." And this struggle resulted in the state, termed a "theocracy" in the motion, abusing its power. "That the acts of these officials, all Mormon, who were part of the total conspiracy comprised of all Mormon officials was one of debased uncivilized conduct to do unjury to John Singer, hs wife, and incidentally to their chldren," the motion says. And it continues, "No care was undertaken to preserve the basic decent human civil rights of John Singer and his wife and family. (Actions by the officials) raise a genuine issue of fact as to-how to-how this Mormon majority, operating with total authority, total power, from the school officials to the Governor, exercised this absolute power over one of its citizens, and whethertheirconduct was outrageous, and contemplated the intentional infliction of injury to innocent people who were trying only to assert their constitutional rights to educate their children as they believed God demanded of them." The case is tentatively scheduled to go to trial April 22 in U.S. District Corut for Utah in Salt Lake. Judge David K. Winder will preside. |