Deseret News     Opinion

      Thursday, December 6, 2001

      Prosecution showed flaws

            Another abomination of justice has reared its head in Utah, this 
      time on behalf of Mel Wilson from the Davis County Attorney's Office. It 
      came in the form of rank bias from Judge (W. Brent) West, who recently 
      booted the Honorable Judge (Thomas L.) Kay out the courtroom door. This, 
      to accommodate prosecutor Wilson, who appears unable to function on a 
      level playing field.       (See the scathing rebuke of Wilson by West)>>
            If you've been to Dr. (Robert Allen) Weitzel's Web site 
      (www.weitzelcharts.com), you may have read West' s stated reasons for his 
      scarcely veiled action. They came to two: (1) the prosecution alleged Kay 
      had gotten angry (or more likely frustrated, due to the prosecution' s 
      outstanding misbehavior); (2) Kay accurately summed up what would have 
      been the legal outcome, had the prosecution not deceived the court and 
      kept their own best witness from the light of day.
            Even a quick glance at the tenets of justice and fundamental rules 
      that West trampled to accomplish predetermined results is enough to make a 
      right-minded head for the bushes.
            As Kay noted at the end of his well reasoned and factual affidavit, 
      "While there may have been an appearance of bias, that bias was not 
      created by my conduct but as a result of the incessant and repeated public 
      commentary engendered by the prosecution' s misrepresentations, groundless 
      statements and false accusations."

      Daniel Geery
      Salt Lake City
         

© 2001 Deseret News Publishing Company

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