The Daily Spectrum from Saint George, Utah • 2

Hofmann fights combining of cases SALT LAKE CITY (UPI) Attorneys for accused booby-trap bomber Mark Hofmann claim combining homicide and fraud cases into one trial is a prosecution strategy to "throw as much as they can and nope something sticks." Prosecutor Robert Stott asked 3rd District Judge Kenneth Rigtrup Wednesday to join the trials because, the crimes, which occurred from 1981 through 1985, are related closely enough to be considered a single criminal episode. Investigators claim Hofmann killed housewife Katherine Sheets and financial consultant Steve Chris-Jensen in separate Oct. 15, 1985, 'bombings in an attempt to cover a trail' of more than $1 million in fraudulent historical documents deals. Many of the historical documents were sold or traded to the Mormon Church. Experts testified virtually all the documents were counterfeits.

"The bombings of Steve Chris- tensen and Katherine Sheets were motivated by and direct products of Mark Hofmann's fear that the great document scheme was about to be exposed," Stott said. Rigtrup took Wednesday's argue- ments under advisement. The murder, bombing, fraud and theft charges are scheduled to be handled in five trials in 1987. Hofmann also faces trial on a federal count of possession of a submachine gun. Stott also argued because the same witnesses and evidence would be used.

in each trial, combining the cases would be logical and would reduce the burden on witnesses. But defense attorney Ron Yengich argued the crimes were separated by too much time to be tried together. And the prosecution never established a close connection between the fraud crimes and murders, he said. The prosecution's strategy is to overwhelm the jury with evidence and witnesses, Yengich said. "The more evidence and counts they can throw at the defendant in a single trial, the more likely the jury will think he is guilty," he said.

"It's the intention of the prosecutors to throw much as they can and hope something sticks." THE DAILY SPECTRUM THURSDAY, SEPTEMBER 11, 1986 PACE 2 mm ii lmi.iiiiii'"''MIM"'"''''"'''MMM""MM tm 99t miL I Hearing postponed Disabled ruling wrong 25 disabled the about percent by Oct. 1, 1981, accident. And the commission approved the judge's decision. But the court said the state agency failed to consider other factors, such as Hardman's age and his lack of education or skills. The plaintiff was in his late 50s, had only a sixth grade education and was a manual laborer most of his life.

ATLANTIC CITY, N.J. Miss Nevada. Kelsey Kaelyn Kara, who plans to earn a degree in theater arts, demonstrates her ability as a flamenco dancer in the talent section of the Miss America competition. (UPI) more is more complicated than in Tennessee. Bates is charged with shooting Guida on July 23 and hiding her body in order to steal her car.

Authorities believe he was put out in Coffee County while hitchhiking and needed her vehicle to continue his travels. Guida was reported missing by her family on July 26, the same day Bates was arrested in Baltimore on a DUI charge while driving Guida's rented Mercury Topaz. Guida, a mechanical engineer from Salt Lake City, was on temporary assignment to the Arnold Engineering Development Center. Investigators contend Guida was jogging near her Manchester motel when Bates accosted her, tied her to a tree then shot her in the head. BALTIMORE, Md.

(UPI) An extradition hearing for a fugitive from a Kentucky jail charged with the murder of Julie Guida of Salt Lake City has been postponed until this morning. Wayne Lee Bates, 28, was scheduled to appear Wednesday before a U.S. magistrate in Baltimore and announce whether he would voluntarily return to Manchester to stand trial for the murder of Guida. Baltimore police said, however, they were processing Bates on local charges and the extradition hearing would not be held until today. Coffee County Assistant District Attorney General Mickey Layne said his office had not been notified of the postponement.

But he said apparently an extradition hearing in Balti Convicted killer wants retrial, says hypnotized witness led observed from a nearby hillside on 1984 for stabbing Merrick and leav ing her body in her car on Interstate 80 east of Salt Lake City. The 36-year-old truck driver from Idaho has been serving a life sentence at Utah State Prison since May 1984. "The hypnotic state is a state of high suggestability," Brown told the justices. "It reduces critical judgement. The effect of hypnosis is to solidify and make the witness more confident." When DeCcaria hypnotized and examined Fish, a Summit County sheriff's deputy also questioned the witness.

Fish testified about cars he had ommmicu I mt. I arc cwcwitu. IFS TnmvAH 10 I- mmmsrcTI CWnTH TEMPS I wmwh piijn.BMM cimt Xfeuuc nP DfUWMFF I ZIKSEAJI a V- SALT LAKE CITY (UPI) The 1984 murder conviction of Wesley Allen Tuttle should be overturned because a detective made post-hypnotic suggestions to the state's key witness, his defense attorney told the Utah Supreme Court. Tuttle, convicted for the Sept. 26, 1983, roadside murder of Sydney Ann Merrick, is requesting a new trial because witness Matt Fish was improperly questioned while under hypnosis for "refreshment of memory," Tuttle's attorney Kenneth Brown said Wednesday.

Tuttle, who maintained his innocence throughout the trial, was convicted of first-degree murder in April Population flux probed SALT LAKE CITY (UPI) Rural Daggett County's population bulges by one-third each election day and that yearly swelling has prompted federal and county investigators to examine the voter population explosion. The year-long investigation has led county officials to challenge 150 of the 400 registered voters, officials said. County officials said many of the cases involve people who own summer cabins in the community less than 1 mile from the Utah-Wyoming state line registering to vote. But investigators also are looking at claims that Manila citizens have actively recruited non-residents to vote in Daggett County elections. "If an investigation proves those allegations, then that is a much more serious offense.

That is a felony," said Daggett County Attorney Dennis Judd. Letters sent to Salt Lake County and Wyoming residents told the voters they were not properly registered, county clerks said. The FBI, Daggett and Salt Lake County Attorney's offices are investigating the situation, but the FBI left the case when federal officials felt the problem had been resolved, said Don Sawya, deputy Salt Lake County Attorney. "We have evidence that some people have registered in both counties. We don't know if they have voted in both counties, but we know they have registered in both," said Sawaya, who is assisting Judd in the investigation.

Homosexuals the afternoon of Merrick's murder. "Our concern arose because the relationship between Fish and the expert (Dr. DeCcaria) could easily have been mitigated by the officer's line of questioning," said Brown. "Our expert. Dr.

Elizabeth Loftus, says it is highly unusual for such a thing to happen, normally only the doctor questions the patient, not the police." Brown claimed the deputy's questions were leading and, rather than reiresmng isn memory, ine questioning acted as post-hypnotic suggestion. sodomy law Bensons celebrate 60th anniversary SALT LAKE CITY (UPI) Mormon Church President Ezra Taft Benson and his wife, Flora, celebrated their 60th wedding anniversary Wednesday during a family gathering. The Bensons, three of their six children, numerous grandchildren and great-grandchildren, and several Mormon Church officials celebrated the anniversary during a luncheon. Family members presented Benson and his wife with a oil painting of the couple. The Bensons were married Sept.

10, 1926, in the Salt Lake Temple. Immediately after the wedding, they left for Ames, Iowa, where Benson was enrolled in graduate studies at Iowa State University. Benson, 87, was named as a member of the church's ruling Council of the Twelve in 1943. And he has been top religious leader to the world's more than 6 million Mormons since last November. His wife is 86.

Former chief justice Henriod dies SALT LAKE CITY (UPI) F. Henri Henriod, chief justice of the Utah Supreme Court for 11 years, died Tuesday. He was 81. Funeral services will be Friday, according to the family. Henriod was gubernatorial campaign manager for J.

Bracken Lee in 1948. Three years after Lee's election, Henriod was named to the Utah Supreme Court. He was appointed chief justice in 1963. After retiring from the bench in 1974, he served as a court adviser for eight years: The native of American Fork was a graduate of the University of Utah and Harvard Law School. He was a Utah State Bar commissioner and vice president of the commission before being nominated to the Supreme Court Henriod had a private law practice in Salt Lake City and, during World War II, was an intelligence officer and attorney for the Army while serving in Europe.

WVC man killed in auto accident SALT LAKE CITY (UPI) A 44-year-old Salt Lake County man has died at LDS Hospital from injuries he suffered in a Summit County traffic accident, the Utah Highway Patrol said Wednesday. Gene S. Viot, West Valley City, died about 11 p.m. Tuesday from head, chest and neck injuries, the UHP said. Viot's car was stopped in the emergency lane of U.S.

Highway 40, near Silver Creek Junction, when it was struck from behind by an eastbound car driven by Howard Carlyle Reynolds, 67, Roosevelt, troopers said. A passenger in the victim's car, Karen Aste, 40, West Valley City, was in satisfactory condition at Holy Cross Hospital in Salt Lake, the UHP said, and Reynolds was treated at a Park City clinic and released. SALT LAKE CITY (UPI)- The state Industrial Commission was wrong in ruling a Salt Lake City worker partially disabled by an on-the-job accident could not receive total disability benefits, according to the Utah Supreme Court. The justices ruled the commission "failed to carry out its task" when it determined George Archie Hardman was eligible to return to work about 10 months after a falling steel beam fractured his skull. In ruling in favor of Hardman's appeal, the court said even limited physical impairment could make it impossible for a worker to return to his old job.

"A low percentage of physical impairment is not per se less than total permanent disability," the court said in its unanimous opinion released Wednesday. The justices sent the Hardman case back to the Industrial Commission for additional proceedings. A commission administrative law judge determined Hardman was Bishop not bound to report sex abuse ANAHEIM, Calif. (UPI) The state's child-abuse reporting law does not apply to a Mormon bishop who notified counselors instead of the police about allegations a church member had sexually molested several young boys, a prosecutor said. Assistant City Attorney Mark Logan said Wednesday he decided the law does not apply to Bishop Victor Orvis because he does not work directly and routinely with children in an official capacity.

"The law is very specific," Logan said. "It applies to only certain individuals; only those people involved in supervising, counseling or caring for children, such as those at schools and hospitals." Logan said he decided Orvis works primarily as an administrator and not in child care, and therefore cannot be charged with failing to report an allegation of child abuse to law enforcement officials. The law requires teachers, doctors, counselors and others who work with children to report any allegations of child abuse to law enforcement authorities immediately by telephone and within 36 hours in writing. Failing to report such allegations is a misdemeanor punishable by six months in jail and a $1,000 fine. Police began their investigation of Orvis last month after receiving reports he had learned of allegations involving a member of his Mormon ward, or parish, Steven Paris, 34, of Anaheim, but failed to report them to authorities.

Orvis said he turned the matter over to a counseling team instead of police because he was not sure if the allegations were true. Paris, an airport shuttle bus driver, was arrested Aug. 11 on charges he engaged in sodomy and oral copulation with seven boys, ages 5 to 11, from his neighborhood, church and family since 1982. He has pleaded innocent to 71 felony counts of child molestation and is due to return to court Sept. 26 for a pre-trial hearing and Oct.

27 for preliminary hearing. buying a home because they are black." Plaintiff's attorney Brent Havas Wednesday said a temporary restraining order originally sought may be dropped because of the possibility the sale has already been closed. omppay or man AREA FORECASTS: Utah: Fair and warmer through tonight; fair to partly cloudy Friday with a few afternoon thunderstorms and breezy winds over the western valleys; highs today from the 70s through the lower 80s and Friday in the 80s; lows tonight from the upper 40s through the mid 50s. Southern Nevada and northern Arizona: Fair and warmer; highs 80s; lows tonight in the mid 50s. TEMPERATURES: 80 45 58 41 .05 Kansas City 87 63 2.17 Las Vegas 86 62 Los Angeles 79 63 Memphis 91 77 Miami Beach 88 82 Milwaukee 79 64 2.16 Minneapolis 64 56 .52 New Orleans 90 74 NewYork 76 67 Oakland 82 56 Oklahoma City 84 67 2 Omaha 88 58 PasoRobles 87 47 Philadelphia 77 65 Phoenix 95 71 Pittsburgh 83 69 Portland, Me.

72 59 Portland. Ore. 70 45 .01 Rapid City 57 42 27 Reno 77 43 Richmond 78 66 Sacramento 89 58 St. Louis 91 72 .07 San Diego 73 63 San Francisco 80 58 Seattle 64 48 .05 Spokane 70 38 Washington 73 68 75 68 86 57 74 63 71 51 58 50 .47 72 41 77 63 93 77 77 69 05 68 44 90 73 .06 84 69 84 73 90 77 74 45 84 63 1.07 83 72 53 50 .41 66 50 55 46 87 60 70 49 76 62 67 45 92 78 89 76 .38 84 73 Steffen termed the law "a public ex-' of consensual homosexual sodo-. more.

There is no allegation in the com-. has ever been enforced." said, there is no real controversy. allege discrimination CARSON CITY, Nev. (UPI) Four homosexuals have asked the Nevada Supreme Court to strike down the state's 75-year-old anti-sodomy law, contending that it causes them "insecurity and fear" even though it has never been enforced. Attorney Sherri Conrad said during arguments before the state's high court Wednesday that the law, which carries a maximum six-year prison term, was unconstitutional despite a recent U.S.

Supreme Court decision upholding a Georgia law that restricts private sexual activities between consenting adults. The case, filed by two gay men and two gay women who have remained unidentified, was taken to the state Supreme Court after a lower court threw it out on grounds that there was no basis for a lawsuit because nobody was known to have been charged under the 1911 statute. Chief Justice E.M. Gunderson acknowleded Wednesdy that the plaintiffs may feel uncomfortable about the law, but noted they had not been accused of violating it. Albuquerque REGIONAL Anchorage Atlanta Hi Lo Pep Bakersfield Boise 72 49 Baltimore Bullfrog 77 57 Billings CedarCity 64 36 Bismarck Idaho Falls 65 45 Boise Lewiston 72 50 Boston Loaan 67 41 Brownsville Malad 67 38 Buffalo McCall 62 34 Cheyenne Moab 73 42 .06 Chicago rwjen 66 45 .08 Cincinnati picatello 66 51 Cleveland pjo 68 39 .50 Dallas Richfield 65 33 .19 Denver Roosevelt 70 38 .08 Des Moines Salt lake 64 49 .17 Detroit St.

George 81 59 Dulutn Vernal 66 45 Eureka Wendover 70 50 Fairbanks Fresno Great Falls Hartford NATIONAL Helena Honolulu Ciiv Hi Lo Pep Houston Albany 75 65 Indianapolis Woman, son cai.ti.ake CITY (UPI) An el derly black woman and her son have filed suit against a woman they claim refused to sell her Ogden, Utah, home to them because of their race. Willy and Lizzie Miller of Ogden, claim Phillis Blackburn, residing in Wyoming, turned down their offer to purchase a tri-plex on Ogden's east side, then sold it to residents living next to the property to avoid having the Millers move into the neighborhood. Real estate agent Brent Marriott, Ogden broker Blackburn-Jones Co. and two Ogden residents are also named in the suit filed Tuesday in U.S. District Court for Utah.

The Millers $80,000 offer on the home "was rejected by defendant Blackburn because plaintiffs are black," the suit said. Before negotiations could be continued, Blackburn "solicited an offer to purchase said real estate from defendants Boyd Holbrook and Margie Holbrook, who live next to the" triplex, the suit said. The Miller's claimed they "were and continue to be ready, willing and able to purchase the real estate on the terms and conditions as to which the defendant Blackburn is now will ing to sell it the (Holbrooks)." The suit seeks general and punitive damages for illegally being prevented from buying "a unique residential structure" and becase the defendants "suffered and will continue to suffer shame, embarrassment and humiliation at being precluded from very existence ot tne law places her legal cloud which breeds insecurity and was important that homosexuals get a rights without having to subject prosecution. General Brian Nelson said the law of the U.S. Supreme Court decision have the right to outlaw private homosexual the Constitution does not protect homosexual between consenting adults Mowbray agreed, saying: "The Supreme stand.

Until I hear otherwise, I prefer Legislature deal with these matters case under advisement challenge anti east of Salt Lake City. The west-' bound lanes were not affected. "It's severe enough that we've closed 1-80 completely to eastbound traffic," said Kim Morris of the state Transportation Department. "As long as we've got some moisture, the potential is that it's going to get worse." Most eastbound interstate motorists were being detoured to 1-84 in Ogden, 35 miles north of Salt Lake City 1-84 and 1-80 intersect on the east side of the Wasatch Mountains, about 50 miles east of Salt Lake. Justice Thomas pression of disapproval my and nothing plaint that the law As a result, he vIuau aigueu me clients under "a fear.

She said it declaration of their themselves to Deputy Attorney was within the bounds in July that states acts and that relations Justice John Court said these laws to let the The court took the ATTENTION: All owners and managers of industrial, commercial, schools or church buildings We are now in the St. George area roofing the new Dixie Center awl white here would like the opportunity to give you an estimate on any roofing or insulation needs you have. Please contact Mr. Wayne Gold at 628-4481 or call our bead office in Salt Lake City. SERVING THE ENTIRE MOUNTAIN STATES AREA URETHANE ROOFING SYSTEMS 1-80 alternative routes closed by spill SINGLE PLY ROOFING ENERGY EFFICIENT ROOF SYSTEMS PIPELINE TANK INSULATION Structural Steel Fireproof ing Thermal Barriers Waterproofing 4 Damproofing Deck Coatings ASK ABOUT OUR MANUFACTURERS WARRANTY SALT LAKE CITY (UPI) Sinking eastbound lanes on Interstate Highway 80 Wednesday forced travelers to bypass part of the highway, but one of the alternate routes had to be closed following a diesel spill, officials say.

The Utah Highway Patrol closed the eastbound lanes of the main highway between Salt Lake City and Cheyenne, for about 13 hours, troopers said. "A large crack," according to the UHP, caused a 50-by-75 foot section of 1-80 to sluff away, about 7 miles A second route on U.S. Highway 189 in Provo Canyon, 40 miles south of Salt Lake City, was closed for four hours when a diesel tanker truck car-j rying 2,000 gallons of fuel overturned on the narrow mountain road, UHP Sgt. Ron Gale said. Driver Edward White, 58, Spanish Fork, and his wife were taken to Utah Valley Hospital with minor injuries following the 2 p.m.

accident. Gale said. The trooper said White was traveling too fast through a tight curve and overturned the truck, which slammed into a rock wall. 969-9866 5150 W. 4900 S.

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