Arizona Republic from Phoenix, Arizona • Page 26

THURSDAY, AUGUST 19, 2004 THE ARIZONA REPUBLIC VALLEY STATE Assault conviction is overturned The Arizona Court of Appeals overturned a Glendale man's conviction for assaulting a police officer Wednesday because an overzealous prosecutor had misrepresented another conviction stemming from the same arrest. Luciano Arriaga rolled through a stop sign in early 2002 and either ignored or didn't notice the Phoenix police officer trying to pull him over. Arriaga parked his car and began to walk to a nearby body shop. The officer grabbed him, and when Arriaga resisted, the officer wrestled him to the ground. Then Arriaga hit the officer on the head with a board.

He was charged with resisting arrest and aggravated Tenn. pastor arrested on Ariz. sex-assault counts MEMPHIS, Tenn. The pastor of a church in Tennessee was arrested on suspicion of 41 counts of assault against minors in Arizona, police said Wednesday. Michael Vahle, 53, was taken into custody Wednesday afternoon on warrants from Yavapai County.

Details of the Arizona cases were not available. Vahle is a Lutheran pastor of Our Savior Lutheran Church in Whitehaven, Tenn. "He's intelligent, he's friendly and real pleasant to talk to. That's why this is such a shock," said church council president Michael Amsden. "There's no way you would even think he'd be involved with something wrong." Memphis police said there FBI says border alert for terrorist is old news An FBI spokeswoman in Arizona said news reports that a notorious terrorism suspect may be planning to cross the Mexican border into the United States are overblown and outdated.

Several publications reported Wednesday on an FBI alert about Adnan El Shukrijumah, thought to be an al-Qaida cell leader. But Special Agent Susan Herskovits said the story is based on speculation stemming from old and unverified intelligence. Months ago, Herskovits said, investigators received an unconfirmed report that Shukrijumah had been sighted in Honduras. Based on that information, and the fear that he might try to enter the United States to carry out a terrorist attack, there was speculation To place a customized funeral home or the Classified Advertising 444-8772 or email your request to publishes a free basic obituary name, age, date of death, place of ry status, and one contribution. tional information are charged $80 to, this includes print and on-line line increments are charged $35 zona Republic is not responsible for line to place your notice through day Saturday for next day's Monday's publication.

Obituaries published or distributed in print, cemetery lots in the Classified Section, ADY, Edwin A. AGUILER, Jorge AMERY, Frances Marie Hall BAUTISTA, Julia Dolores BELL, Lyndell B. BUCKHOLZ, Jennilou DeLEON, Jesus DIAZ, Luz Maria DUNATOV, Ante EDWARDS, Maurice E. ERICKSON, Blanche H. FISHER, Robert Earl FREUND, John Ernst GILBERT, Donna Jean GROFF, Maynard E.

HAGSTROM, Sandra S. HAMOR, Wilma L. HENNESEY, Loretta HEPPNER, Anna Louise HERMON, Richard G. HERRERA, Anita Diaz HERRERA, Isaac T. HINKLE, Robert E.

HUSKISSON, Nola Mae JIMENEZ, Henry Navarratte JONES, George W. JONUTIS, Benedict V. KONOPISOS, Leona M. LAYTON, Donna Jean McGinnis LEYVA, Anne LISTON, Elizabeth T. LOERA, Petra A.

LOGSDON, Mary Katharine Edwin A. Ady, 94, Peoria, died August 17, 2004. Funeral Service will be held at 3:00 P.M. August 20, 2004 Friday with Visitation 1 hour prior. Dignity Chapel of the Chimes Mortuary 7924 59 Ave.

Interment at Resthaven Park Cemetery. Jorge Aguiler, 46, of Phoenix, Arizona, passed away August 12, 2004. Visitation private. Services private. Arrangements entrusted to Green- Dignity wood Memory 1 Lawn Mor- tuary.

Frances Marie Hall Amery, 87, of Peoria, Arizona, passed away August 15, 2004. Memorial services have been held Wed- nesday, August 18, 2004, 10:00 am, Bellevue Heights Baptist Church, 9440 Hutton Drive, Sun City, AZ. and Wednesday, August 18, 2004, 3:00 thyst Gardens, 18172 N. 91st Peoria, AZ. Contributions may be made to Bellevue Heights Baptist Church.

Arrangements handled by Advantage Funeral Cremation Services Maryvale Chapel. Julia Dolores Bautista, 63, of Miami, Florida, passed away August 16, 2004. Arrangements entrusted to Arizona Cremation Funeral Services. Metro News, 602-444-NEWS (6397) was no immediate timetable for Vale's extradition to Arizona. Kin receive $405,000 in death of auto racer PHOENIX Maricopa County supervisors on Wednesday agreed to pay $405,000 to the family of an auto racer who died at Maricopa Medical Center last year.

Frank Soboski, 55, suffered serious injuries during a shorttrack auto-racing crash at Central Arizona Raceway in Casa Grande on Jan. 18, 2003. Soboski was described as a "popular street stock racer" in online racing reports. Three days after he was admitted, Soboski died from a blot clot. "This is a terribly unfortunate event, and we're extremely sorry for the outcome of this case," said Holly Ward, a spokeswoman with Maricopa Medical Center.

By Michael Kiefer The Arizona Republic By Dennis Wagner The Arizona Republic assault. Arriaga went to trial in September 2002, and a jury found him guilty of resisting arrest but was hung on the aggravated assault charge, so he went back to trial on that charge in December 2002. However, during the second trial, Deputy County Attorney Shawna Naber depicted Arriaga as a convicted felon -because of the resisting-arrest charge, though the jury didn't know that. "She pushed it," said attorney Neal W. Bassett, who represented Arriaga during his appeal.

"She used it as a tool to get. the conviction." Superior Court Judge Crane McClellen would not allow the defense attorney to explain that the earlier conviction came from the same 90-second "We've had three for this guy. And it's not Honduras was even Susan Herskovits FBI spokeswoman, on the Shukrijumah, thought to be an planning to cross the Mexican that he could mingle with Hispanic immigrants crossing the Arizona or Texas border. So the FBI, which has spread a wide net in the hunt for Shukrijumah, issued a bulletin to law enforcement officials along the Mexican border. "It's not new," Herskovits said Wednesday.

"We've had three 'be-on-the-lookouts' alerts for this guy (since March). And it's not like the sighting in Honduras was even verified." Shukrijumah, described as a pilot and bombmaker, was among several suspected alQaida figures who met in Paki- announcement contact your funeral Department at 602-444-8774 or 602- The Arizona Republic notice as a public service, including residence, visitation services, militaFamilies who choose to present addifor the first 15 lines and $60 for phoposting to Legacy.com. Additional 10 each. Prepayment is required. The Arireturning unsolicited photos.

DeadThe Arizona Republic is 12 noon Monpublication, and 12 noon Saturday for submitted to the Republic may be electronic or other forms. Find the category 6025. MATA, Mary Ann MATHIS, Gary MONAGLE, Merrill G. NORTON, Randall J. O'REILLY, Judy Arnold ORTA, Joseph R.

PELLETIER, Loriand PEREZ, Ernesto PETITE, William Curtis Ill PROVO, Carol Ann PRYER, Amanda Nicole RAHN, Kirsten Leigh RAMIREZ, Jaime RAMIREZ, Luis Antonio RICHMOND, Davie Lee RIES, Elizabeth A. RODEN, Sarah Roe ROMERO, Rodrigo ROSENTRETER, Mary L. ROSS, Acquanetta SKILLMAN, Edward SMITH, Doreen Margaret SMITH, Stanley A. STERK, David George STIEHL, Amelda G. STONESTREET, Donald Wardie STURDIVANT, David TIEDEMAN, Warren L.

WARTELL, William M. WASLEY, George Olaf WRIGHT, Aretha WYATT, Jack Ill ZITTEL, Henry Gray Mrs. Lyndell B. Bell 92, of Sun City. Passed away August 14, 2004.

Memorial Service 11:00 A.M. Sat. 8-21-04 at Faith Presbyterian Church 16000 N. Del Webb Blvd. Sun City Jennilou Buckholz, 51, of Waddell, Arizona, passed away August 13, 2004.

Mr. Buckholz served in the U.S. Air Force. Memorial Service will be held 2:00 PM, Friday, August 20, 2004 at Best Funeral Services, 9380 W. Peoria Peoria, AZ.

Jesus DeLeon, 74, of Glendale, Arizona, passed away August 6, 2004. Memorial Services will be held 10:00 AM, Saturday, August 21, 2004 at Chapel Dignity of the Chimes Mortuary, 7924 N. 59th Glendale, AZ, 623- 937-9297. Inurnment to follow at Resthaven Park Cemetery. THE ARIZONA REPUBLIC azcentral.com Place your obit in The Arizona Republic and remember your loved one on azcentral.com.

For info. visit azcentral.com or call (602) 444-8774. com fight. The first jury had not been able to come to a unanimous decision as to when resisting arrest turned into aggravated assault, and that information could have tainted the new jury's opinion. But Naber presented Arriaga as a repeat offender.

And it became the focus of the appellate decision, written by Presiding Judge Patrick Irvine. "Additionally, Defendant's credibility was a major issue at trial; if the jury had believed his testimony, it may well have acquitted him," Irvine wrote. The decision sent the case back to Superior Court. The Maricopa County Attorney's Office will have to decide whether to try the case a third time. Naber is no longer a county prosecutor.

'be-on-the-lookouts' alerts reward has been issued for information leading to his caplike the sighting in ture. verified." Shukrijumah, a 29-year-old Arab-American who suffers from asthma, reportedly was born in Guyana, raised in south speculation that Adnan El Florida al-Qaida cell leader, was and speaks fluent English. The son of a radical Musborder into the United States lim cleric who recently died in stan during March, according Florida, he also is known by to the Los Angeles Times and several aliases and nicknames, other publications. Pakistani including "Jaffar the Pilot." officials said that meeting also Newsweek magazine said was attended by Osama bin authorities have been hunting Laden lieutenant Abu Eisa al Shukrijumah since al-Qaida's Hindi, and communications en- attack on the World Trade Cengineer Mohammed Naeem ter and Pentagon. With no solid Noor Khan, whose computer leads, counterterrorism agents discs allegedly contained sur- began trying to smoke him out veillance reports for a planned with publicity.

attack on buildings in the Besides the alert along United States and Britain. Mexico's border, FBI agents Attorney General John Ash- have warned that he might atcroft recently singled out tempt to enter the United Shukrijumah as one of seven States via Canada or might reespecially dangerous interna- turn to Florida. They also asked tional terror figures wanted by officials in Guyana to help lothe government. A $5 million cate him. OBITUARIES OBITUARIES Loving Memory of of Phoenix, AZ (Ernesto), Gloria (Ernesto), Gloria Serna (Alfonso), father Porfirio B.

Diaz; Nephews Fernando Diaz, Joseph R. Alday, Alfonso Serna Jr, Ernesto Gomez Jr, Armando Serna, Michael Anthony Lucero, Nieces; Monica Chavez (Gabriel), and Rosalinda Gomez. Services on Thursday Abel Funeral, 1627 N. 51st Ave. Visitation 7am, Rosary 9am.

Mass will be held at 11am at Our Lady of Fatima Church, 1415 S. 17th Ave. Graveside at Greenwood Memory Lawn Cemetery, 2300 W. Van Buren, Phx, AZ. Ante Dunatov, 83 of Scottsdale, passed away August 16, 2004.

He was born in Preko, Croatia on May 5, 1921. He leaves behind his wife Danica; daughter, Slavka; sons, Ivo and Davor; and his beloved grandchildren, Doris, Josipa, Drew, Clementina, Ivan, Devan and Jordan. He will be greatly missed by his son-in-law John; daughter-in-laws, Branka and Theresa and all of his friends and family in Croatia. Ante's greatest accomplishments were working three jobs and spending twelve years away from his family to be able to bring them to the United States for a better future. The entire Dunatov family owes Ante their love and gratitude for all of the sacrifices that he made.

We will never forget our loving husband, father and grandfather. We will always cherish his memory. Funeral Services will be held Thursday, August 19, 2004 at 9:00 AM at Messinger Mortuary, 7601 E. Indian School Scottsdale, AZ with burial following at St. Francis Cemetery, 2033 N.

48th Phoenix, Luz Maria Diaz, In Luz Maria Diaz, 39, who passed away on August 13, 2004. Born on April 25, 1965 in Phoenix, AZ. She is survived by her daughter Marissa Esther Diaz, sisters; Mary Jane Alday (Richard), Lorraine Gomez Maurice R. Edwards, 88, Mesa, Arizona, passed away August 17, 2004. Services 4:00 p.m., an Friday, Church, 161 N.

Presbyteri- Mesa Dignity First Mesa, AZ. Melcher's Chapel of the Roses. Blanche H. Erickson, 86 of Stuart, FL, died Monday, August 16th at Martin Memorial Center in Stuart. Born in Superior, WI, she was a resident of Stuart for 2 years, moving from Apache Junction, Tempe AZ.

Prior to retirement, she was a legal assistant for Lewis Roca in Phoenix, AZ for 20 years. Blanche was a member of the Elks Lodge in Stuart. Survivors include her husband, Stan L. Erickson of Stuart, FL; a daughter Linda Kay (Paul) Daly of Port St. Lucie, a son, Steve Erickson (June) of Lake Oswego, OR; three grandchildren and sister Martha of WI.

Arrangements are under the direction of Aycock Funeral Home, Stuart. Robert Earl Fisher, 72, Mesa, Arizona, passed away August 17, 2004. Private Services. Interment Holbrook Cemetery. Owens Mortuary.

John Ernst Freund, 83, of Paradise Valley, passed away peacefully at his home on August 14, 2004. A Fellow of the American Statistical Association, Professor Freund was a passionate educator and prolific author of textbooks in the field of Probability and Statistics. His first book, "Modern Elementary Statistics" was published in 1952, and is presently in use in its 11th edition. John was born in Berlin, Germany, in 1921, and as a young man emigrated to Palestine (then a British mandate). He began college at the University of London; but completed his undergraduate study at UCLA, where he met his wife Maxine.

Graduate years were spent at Columbia University and the University of Pittsburgh. Professor Freund began his teaching career at Alfred University, in upper-state NY, and ultimately taught at ASU. His approach to Statistics as a way of thinking, and as such a refinement of everyday thinking, produced many best-selling texts for various levels and fields of applications. Professor Freund enjoyed a worldwide reputation and his books were widely translated. AMELDA G.

STIEHL of Scottsdale, AZ, passed away on August 14, 2004. She was born in Johnstown, Pennsylvania to George and Florence (Vespa) Cavallo. Amelda is a Julliard graduate, she attended Columbia University, and she received her Masters degree from in St. Clara, Cuba. She was a successful Real Estate agent, and also an accomplished vocalist.

She is survived by her loving sister, Jeanie (Leonard) Korman, and her very special nephew Scott. There will be a Memorial Service on Saturday, August 21 at 3:00 p.m., at Messinger Indian School Mortuary, E. Indian School in Scottsdale. Memorial contributions may be made to the Alzheimer's Association, 1028 E. McDowell Phoenix, AZ 85006; or the American Heart Association, 2929 S.

48th Tempe, AZ 85782. Sexual-harassment case in Romley office settled PHOENIX A four year legal battle between Maricopa County Attorney Rick Romley and a former employee who accused him of covering up sexual harassment ended Wednesday. County supervisors agreed to settle the case, which has cost taxpayers more than $1 million. Supervisors agreed to pay Elizabeth Sukenic $17,039 that a federal jury awarded in February when it found Romley's office retaliated against her for filing a se complaint against a top aide. Staff and wire reports ARTIFACTS Human remains From Page BI Like many of the stolen items, the headdresses are needed to pass on knowledge about rituals from tribal elders.

If the headdress is not recovered before the elder dies, the ritual will not be passed on to the next generation and the ceremony will also die. Among the artifacts recovered were a Dogosszhi pot dating to A.D. 900 from the Newcomb Navajo reservation, a Jemez Pueblo canteen, a Laguna child's toy and various pots, snares and ropes. Authorities said they are also in the process of recovering a historically significant mask. "You can't really put a price on these (artifacts)," New Mexico U.S.

Attorney David Iglesias said, adding that some people came forward with items that had been in their families for generations. He described one artifact His wife, Maxine, of 55. years survives him. A son, Douglas Eric lives in Jerome, with his wife Tracy; and a second son, John Ernst Jr. lives in Seattle, WA.

A sister, Rita Ewer, of Lynnfield, MA, preceded him in death. Professor Freund loved the Arizona desert and its flora. He particularly enjoyed boojums and was proud of his garden. The family wishes to express its gratitude to Hospice of the Valley, to which memorial contributions may be made. Arrangements by Messinger Indian School Mortuary.

recovered with a note that said: "We didn't know it was illegal to have these. Sorry." Colorado U.S. Attorney John Suthers said the amnesty program pushed people into following the law, which carries a maximum prison sentence of five years and a $250,000 fine for each count of artifact theft. "The (amnesty) program has educated some people and tweaked the conscience of others," he said. "I think it is clear a lot of people did know that there were problems with what they had." Authorities said they are hoping more people will come forward with artifacts.

They said they are not seeking to prosecute the "accidental tourist" as much as they are trying to recover items. A phone number is available to anyone with questions or information about missing American Indian artifacts: 1- 800-242-2772. Donna Jean Gilbert, 69, of Phoenix, Arizona passed away August 17, 2004. She was March 6, 1935 in Bloomingsburg, Ohio. She sur- Dignity vived by one sister, Hazel Underwood in Washington C.H., Ohio.

seven children, Kathy Mahr of Cloutierville, Louisiana, John Michael Gregory and Allen Curtis Gregory of Mansfield, Louisiana, George Weatherhead of Urbana, Ohio, Loretta Losey and Roger Weatherhead of Phoenix, Arizona and Deborah Estrada of Glendale, Arizona, and 17 grandchildren and 15 great-grandchildren. Visitation Dr. Stanley A. Smith, M.D. Dr.

Stanley A. Smith, M.D. of Phoenix, passed away suddenly on August 15, 2004. Born November 11, 1922 in Los Angeles, CA. His family lived in Mentone and Yucaipa California during his childhood years where he worked with his father in ranching.

He worked in the aircraft industry and then served his country during World War II. After the war, he attended La Sierra College, then studied medicine in Monterrey, Mexico. He completed his internship at St. Joseph's Hospital in Phoenix. He became Chief of Surgery at Az.

State Hospital then entered into private practice opening Melrose Clinic. He was currently working as a family doctor. His passions in life were his family and practicing medicine. He enjoyed playing golf and pool with his sons, and other sports. He is survived by his loving wife Patti, his children Sharron Jordan, Diane Christensen, Sandi Pimental, Dr.

Cameron Smith D.D.S., Melissa, Stefanie, Adam, 11 grandchildren, 11 great grandchildren, and sister Evelyn. Services will be held 10 am, Saturday August 21, at All Saints Church, 6300 N. Central Avenue, Phoenix. Services arranged by Hansen's Mortuary, 8314 N. 7th Street.

Donations may be made to the Smith Children's Education at Wells Fargo Bank Acct. in care of Patti Joan Smith. The family would like to thank all of his patients, colleagues, and staff for their loyalty and friendship. His life was full and happy and he loved his family very much. He will always be remembered as a wonderful man and great father.

He will live in our hearts forever. We will miss you so much.