The Daily Herald from Provo, Utah • 9

Wednesday, October 23, 1991 The Dsify Herald ii If Cl prisoner to take a gun faun a female accomplice in the courtroom basement arid then fleeing once he began shooting. "He was their responsibility but they ran and hid," said VelDean Kirk. "Nick wis doing his job. They should have done their job." Kirk said he was instructed by prosecutors not to say anything about government negligence when he testified at Gardner's first-degree murder trial for shooting Michael Burdell during the escape try Suppression of that aspect of the case has always rankled him. he said.

Kirk said it is ironic that Gardner now has a chance to escape the executioner. SALT LAKE CITY (AP) -Third District Court bailiff Nick Kirk still carries embedded in his lower stomach fragments of the bullet fired into him six years ago by Ronnie Lee Gardner during a botched courthouse escape attempt. The 65-year-old Kearns man also packs around something else in his gut nowadays bitterness toward a stem he feels has turned its back on him. "Who in the hell can fight the state? I haven't got that much money. 1 tried and it got throwtt out," he said Tuesday.

Kirk ref ers to Regligence claims be has pursued against the government stnee nine months after his work to recover from the wound. But the money doesn't begin to compensate for the trauma to Kirk and his family, said his wife, Vel-Dean. "It ruined the whole family." she said. "We had three grandchildren in therapy and it caused all kinds of Kirk admits the money would improve his prospects for retirement "a hell of a lot" and "give me a little nest egg," But equally important, he said, is some kind of official acknowledgment of state responsibility in the escape attempt. Kirk contends the armed prison employees escorting Gardner were negligent in allow ing the shackled April 2, 19S5, shooting.

He has been rebuffed at every turn first by the state bureaucracy and then by the courts. On Nov. 4. his request for she $425,000 in damages on claims of permanent physical and psychological damage gets a hearing in the court of fast resort: The Utah Board of Examiners. The board consists of Gov.

Norm Bangertcr, Attorney General Paul Van Dam and State Auditor Tom Allen. It has the power to consider extraordinary claims against the government outside the regular budget process. Salt Lake County paid the bailiffs medical bills and wages for his more than eight months off ACLU's top attorney asks $375 per hour rate Benshoof charges $375 an hour for her work." Utah Attorney General Paul Van Dam forwarded the bill on to the Jones, Waldo firm. The Jones, Waldo firm isn't certain it will pay it, either. "The charges appear to be way out of line," said Jones, Waldo president Randon Wilson.

"It's obviously excessive for the particular motion they worked on." the firm has turned the bill oxer to its own attorney for review, Wilson said. "He ill recommend to us late this week or early next week what we should offer the ACLU as a reasonable amount. We'll nvake that offer and see if they will take it." SALT LAKE CITY AP) The American Civil Liberties Union, hkh labeled the fees charged by lawyers hired to defend Utah's abortion law as "excessively high," is seeking repayment for its own attorneys' work at an even higher rate. The ACLU disclosed mis week that its lead attorney in the suit challenging the abortion law- is billing $375 an hour. The ACLU criticized the Jones, Waldo, Holbrook McDonough firas in July for submitting a 1 bill to the state for three months' work on the abortion case.

The bill showed thai former Gov. Calvin Hampton was billing the state $220 an hour and lead litiga The bill stems from four days of work the ACLU did in preparing a motion to have the firm banned from representing the state because of an alleged conflict of interest. The motion, filed Oct. 8, became moot the next day when the state asked Jones, Waldo to resign. The hill includes the time spent by several attorney and one paralegal, the cost of research and airfare.

"These rates are $25 to $50 an hour less than what thev charge in New York," said Jeff brim local attorney for the ACLU. "We charged Sail Lake rales for this The body apparently had been well-hidden in thick scrub oak and could not be seen from the road. The hunter who found it notified a Utah Wildlife Resources officer. A sheriffs search and rescue team combed the area with metal detectors looking for a weapon or spent cartridges, but found nothing. Bishop said.

No vehicle was found in the area that might have belonged to the victim. The body, clad in a T-shirt and blue jeans, was identified through fingerprint comparisons, he said. An earlier attempt at a computer comparison of fingerprints failed because of a poor match. Corradini's spending tops Homicide victim identified Former sect member says it still exists OGDEN (AP) A woman who recently left an alleged polygamist ct says the group slili exists under the directton of a nan charged with four counts of child sexual abuse Robin Hughes spoke after An in Sfcreeve, the sect's purported leader, was arraigned Monday before 2nd District Judge Stanton B. Taylor on tx) counts each of sexual abuse of a child and sodomy on a child.

-Taylor granted Shreeve's request to enter a plea on Nov, 4. Hughe, ho said she was seeking a divorce from a member of what she called "The Zion discounted claims by Shreeve's that the group has disbanded. Utah court upholds Sawyers conviction -SALT LAKE CITY (AP) The Ctah Court of Appeals has upheld the drag trafficking conviction of a southern Utah nun who claimed the trial court lacked jurisdiction and that his civil rights had been violated. 'The ruling released Tuesday af-fmi the Siirsi -degree felony con-Vktkxn of Instil, Chet Sawyers, 2 1 who was found gui.ty by a 5lh District Court jury in May I9W of distribution of a controlled sub-stancetoamMiftt1-, Sawyers w-as arrested after a 16-year-vid boy in juvenile detention itoW his mwher be was expecting a letter from the older nun and that she should put the letter where other children could not reach it. according to rite ruling.

Governor cuts markup on food for the poor SALT LAKE CITY (AP) Agencies dispensing food to the poor were thrived wlwn the government announced Desert Siorai leftovers would go to the homeless until they saw the state's 1,000 percent markup for "1 just couldn't afford it. 1 just don't have that kind of money," said Joe Winterer, director of the St. Vincent dc Pawl Center, Hie Salt lake Food Bank "reviewed the availability of the product and concluded that at that cost it was not something the food bank would be participating in." said Richard Winters, director. The complaints from agencies were heard by Gov. Norm Ban-gertcr, who has ordered state officials to begin charge a fee that reflects only actual shipping and handling costs.

Water is plentiful, distribution in doubt SALT LAKE CITY API Salt Lake, Davis. Weber and Box Elder counties appear to have sufficient resources no meet drinking and industrial water needs through the year 2025 a report prepared by the Division of Water Resources says. But Larry Anderson, division director, told the Bear River Task Force Monday the report is misleading because existing distribution problems are not adequately addressed in the overall picture He said a good example of the problem is in Box Elder County, where Brigharn City has easy access to the available surplus while outlvine cities face shortaces. SALT LAKE CITY (AP) A man whose body was found in a canyon in the Oquirrh Mountains has been identified as George Ira Spor, 53. of West Jordan, the Salt Lake County Sheriffs Office said.

The body of Spor, who died of two gunshot wounds to the back and side, as found Saturday by a deer hunter in Butterficld Cany on. Authorities ruled out a hunting accident and were investigating the death as a homicide. The body was found in the middle of a trail about nine miles up the canyon and 200 yards north of the main road. Sheriffs Lt. David Bishop said Nick Kirk Woodland files suit SALT LAKE CITY (AP) A Utah Slate Hospital patient who faces a murder charge if he is ever declared competent has filed suit to halt forced medication.

The federal court suit filed Tuesday in behalf of Eugene Nate Woodland contends the -drugs are dangerous, mood-changing and an invasion of. privacy and human integrity in violation of the right of due process. The suit was filed by Mary A. Rudolph of the Legal Center for People ith Disibili-ties. She said the hospital began forcibly medicating Wood-." land Friday after rejecting an appeal of the hospital's deer- sion Thursday.

That decision" had reversed an earlier deci-. sion not to forcibly medicate-. the defendant. Woodland who has called forced medication a form of "chemical loboto-my" was given lithium carbonate, a mood stabilizer," and Serenlil, an anti-psychotic drug, Rudolph said. The suit, naming state Social Sen ices and hospital officials, contends both medications can have deadly side effects.

(dESS 1 "i'i'i'i i i $5,432 $5,256 $4,978 $4,702 $4,453 37.6H ,14.3 12.3 10.9H 10.0 Zip (work) Pi tor Miles Holman billed taxpayers $150 an hour. This week, the ACLU asked the state to pay die organization for four days of legal work. The bill indicated that New York attorney Janet Benshoof considered an hour of her time worth $375. Benshoof is the ACLU's lead litigator on the case. In July, the ACLU called the state's legal Sees "wildly high." Tuesday, the state fired a few return volleys of its own.

are the people ho were shocked shocked! to hear that Cal Rampton was charging $220 an hour," said John Clark, legal counsel for the Utah attorney general. "Now we learn that Janet state Conwverce Department, said he couldn't afford to contribute to his own campaign and he hasn't. The poll conducted for the state party by New York pollster Penn and Schoen indicates Corradini has pulled to her best lead of the officially noil-partisan cauifuign. The party 's executive director, James Roberts, said the poll was finished last Friday and has a sample in the city7 of "about 300 people." Buhler said he believes me poll included only about 200 people, and he isn't concerned about the results, "We have a lot of campaigning yet to come," he said. A number of people and businesses have donated more than $1,000 each to Corradini.

The Utah Puble Employees Association, one of the city 's unions, gav her $6,000. Buhler has fewer big donors, although GOP Senate candidate and former Geneva president Joe Cannon did give him $5,000. at Delta Center pressure buildup in the ammonia system and led to the popping of an outside safety valve. Weather conditions outside caused an ammonia cloud to swirl into a loading area where the cloud was pulled into the building through open overhead doors. Center security personnel evacuated about 25 employees before fire crews arrived.

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