The Times-News from Twin Falls, Idaho • 3

Tuesday. April 19, 1988 Times-News, Twin Falls, Idaho A-3 Idaho Aneurysm claims life of appeals court Judge Anderson, 66 BOISE (AP) Ninth U.S. Circuit Court of Appeals Judge J. Blaine Anderson died Sunday at his home in Boise. He was 66.

"Judge Anderson was an excellent judge. He was well-trained, competent, intelligent and capable well respected for his reasonings and opinions," said Marion Callister, chief judge of the U.S. District Court in The cause of death was a massive brain aneurysm, court spokeswoman Carolyn McNiven said. Funeral services are scheduled for Friday at the Cathedral of the Rockies in Boise, she said. He was appointed in 1976 to the 9th Circuit, which encompasses federal courts in Idaho, California, seven other Western states, Guam and the Northern Marianas.

A former Blackfoot lawyer, Anderson was appointed to the U.S. District Court in 1972. One of Anderson's best known decisions was one in 1975 that held as unconstitutional an Occupational Safety and Health Administration provision that allowed the search of businesses without a search warrant. He also wrote the decision holding that the National Football League violated anti-trust laws when it refused to permit the Oakland Raiders to move to Los Angeles. Anderson was chief administrative judge of the 9th Circuit's north unit -Alaska, Washington, Arizona, Montana and Idaho.

Callister said Anderson's life revolved around his family and judicial decisions. "He loved his work and I've never seen a harder working judge," Callister said. "He was often down there on weekends and putting in extra time because he loved his work and felt a heavy responsibility to do his work." Sen. James McClure, R-Idaho, remembered Anderson on Monday as a friend, colleague and former law school classmate at the University of Idaho. that he had been reluctant at first to accept the 1976 appeals court ap-pointmnt from President Gerald Ford.

He said he decided to take the job after being told that if he refused, Idaho probably would not have a judge on the court, and also that he would be able to stay in Boise rather than moving to San Francisco. "These things appeal to your sense of duty, to your friends and to your profession and to your country," Anderson said. His death leaves the appeals court with 25 active judges and three vacancies. President Reagan's nomination of conservative University of San Diego law professor Bernard Siegan to one of the vacancies has been pending in the Senate Judiciary Committee for more than a year and faces strong opposition. "He possessed a fine mind and his character was unimpeachable, a combination that served him well throughout his life and made him an outstanding choice to sit as a federal judge," McClure said.

"As a man and as a judge, he will be sorely missed." Among Anderson's other rulings was a 1983 decision that the Immigration and Naturalization Service could not order a mass detention of factory workers only on the belief that they might be illegal aliens. He said INS agents must demonstrate a reasonable suspicion that each individual detained was in the U.S. illegally. That ruling later was reversed by the Supreme Court. Anderson was considered one of the more conservative members of the court, recalled in a 1984 interview Rhoades draws 2 life terms for '87 slaying of store clerk "extremely heavily sentenced for first-degree murder and other felonies in the death of Idaho Falls teacher Susan Michelbacher.

Hart said he also expected Rhoades to receive a "substantial" sentence in Bingham County next month for the first-degree murder of Blackfoot convenience store clerk Stacy Dawn Baldwin. But Mason said during Monday's hearing that he also wanted the sentences for Haddon's killing to run consecutively to three consecutive life terms Rhoades received for robbery, rape and an infamous crime against nature in the Michelbacher case. Boyle, however, did not attach the sentences on Haddon's death to any other case. Haddon, 21, of Blackfoot, was shot at an Idaho Falls convenience stbre on March 16, 1987. He was found the next morning in a walk-in cooler at the store, and he died a few hours later at an Idaho Falls hospital.

Rhoades already has been sentenced to death for the murder of Mrs. Michelbacher, and is scheduled to be sentenced May 9 for Mrs. Baldwin's slaying. He was returned to the Bonneville County Jail after Monday's hearing. Hart said he would remain there until about May 1, when he will be transferred to the Bingham County Jail in Blackfoot.

Rhoades agreed to plead guilty in the Haddon case "with the understanding that I still maintain my innocence." The conditional pleas will allow Rhoades to retain the right to appeal all aspects of the proceedings in Haddon's death. Boyle earlier denied Hart's motion to disqualify him, claiming the judge made remarks in the Michelbacher trial indicating he was biased against Rhoades. IDAHO FALLS (AP) Condemned murderer Paul Ezra Rhoades has been sentenced to two concurrent, indeterminate life prison terms for the March 1987 slaying of convenience store clerk Nolan Haddon. Seventh District Judge Larry Boyle handed down the sentences Monday after Rhoades pleaded guilty to charges of second-degree murder and robbery. Rhoades, 31, of Idaho Falls, originally was charged with first-degree murder and robbery, as well as two counts of using a firearm in Haddon's slaying.

But he entered conditional pleas to the amended charges on Friday with the consent of Boyle and Bonneville County Prosecutor Kimball Mason. Defense attorney Stephen Hart asked Boyle to impose the concurrent, indeterminate life sentences. He argued that Rhoades already had been INVESTMENT SEMINAR TENTH ANNUAL ECONOMIC UPDATE Where are Interest Rates Going? Where is the Stock Market Going? What is the Best Place to Invest Today? What is Happening to the Bond Market? What Effect does the World Economy Have on the U. S. Economy.

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7 Most Kids $1995to GeneSturgill 1027 Blue Lakes Phone: 734-9106 Twin Falls, Id 83301 834 Falls 1010 C7V Edward D. Jones Co. )tiirriiif)iixs BROWNLEE RESERVOIR (AP) -A fault line experts describe as more active than parts of the earthquake-prone San Andreas fault has been discovered by the U.S. Geological Survey near western Idaho's Brownlee Dam on the Snake River. "The effect on Brownlee is unknown," Idaho Bureau of Disaster Services planner Clark Meek said.

"There is some threat. We shouldn't get overly alarmed, but we should take proper precautions." The report of the fault's discovery was published by the Idaho State Journal in Pocatello. Brownlee Dam, backing up 1.4 million acre feet of water in a 57-mile-long reservoir, is the backbone of Idaho Power hydrogenerating system. It can produce 580 megawatts of electricity, 20 percent of the utility's total Research geologist Tracy Vallier at the survey's Menlo Park, regional office said the fault could stretch up to 100 miles from central Oregon across Brownlee to Riggins, Idaho. It has apparently triggered over a dozen earthquakes, Vallier said, including one ranging between 5 and 6 on the Richter scale in 1916 and several registering 3 to 4 on the Richter scale in the past five years.

Idaho Power officials said the dam structure is fully inspected at least every five years, and John Mitchell, who handles dam safety for the Idaho Department of Water Resources, called the Brownlee facility well-built and well-maintained. "Most of the dams around the state are in areas where there has been some faulting, but the faults are very old," said Mitchell, who is responsible for more than 400 dams in Idaho. "The new faults are potentially dangerous," he said. "We want to find out if this one is fairly recent. A 4.5 quake right under a dam could be pretty damaging." A few more weeks of on-site inspection are needed before it can be determined whether to initiate an in-depth study of the fault to see if stresses are building, he said.

Roy Breckenridge, supervisory research geologist for the Idaho Geological Survey, said a federal survey team was coming into the region in the next few days to begin mapping work. "They do say they don't believe the fault poses an immediate hazard, but it seems to have some of the characteristics that make it a potential hazard," Breckenridge said. Vallier said a major problem in determining the potential severity of the fault line is the lack of seismic measuring devices in the area. The centers of past temblors have bone uncharted because of that, he said. Boise State University geology and geophysics professor Spencer Wood said there has always been concern that an earthquake belt extended through the area and construction of the Brownlee Dam should be reviewed to make certain it can withstand an earthquake the nearby fault could trigger.

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