News (Media Awareness Project) - US UT: Gibbons Is Linked To Meth In Hair |
Title: | US UT: Gibbons Is Linked To Meth In Hair |
Published On: | 2002-06-20 |
Source: | Deseret News (UT) |
Fetched On: | 2008-01-23 04:12:16 |
GIBBONS IS LINKED TO METH IN HAIR
A national expert on hair analysis testified Wednesday that a sample of
Dale Moroni Gibbons' hair showed "meth was detected."
Miguel Piris, a medical technologist for the California-based National
Toxicology Laboratories, said in response to a prosecutor's question that
the test of the former bank executive's hair showed some kind of "repeated
use" of methamphetamine.
Gibbons, former chief financial officer of Zions Bancorporation, is on
trial for methamphetamine possession and possession of materials harmful to
a minor, both third-degree felonies. Prosecutors also contend Gibbons was
involved in the rave scene, holding raucous parties in his palatial
Holladay home.
Earlier in the trial that began Tuesday, defense attorney Clayton Simms
objected to Piris being called as a witness, saying that among other
things, case law has not shown such evidence to be reliable, Gibbons' hair
is not relevant, that it is not related to the June 21 search warrant and
Piris' testimony would prejudice the jury. However, 3rd District Judge
Dennis Frederick said the possible use of meth is a principle issue in one
of the counts against Gibbons. "I am not persuaded it is inappropriate
testimony," Frederick said in denying the motion and permitting Piris to
take the stand.
On Tuesday, prosecutors piled bag after bag of special beads, "glow
sticks," empty nitrous oxide containers and other "rave scene" items on the
witness stand as a parade of detectives testified they seized the items
from the former bank executive's home last summer.
But under questioning from defense attorneys, detectives said that Gibbons'
fingerprints are not on any of the items seized in the June 21, 2001, raid.
Defense attorneys also argued that the meth could have belonged to the many
visitors and house guests that frequented Gibbons' large home. They also
said the amount is so small its street value is $4.80, while a detective
testified it was worth $40-$60.
Police have maintained that Gibbons led a double life - respectable
financier by day, host to wild parties with illegal goings-on at night. But
Darwin Overson, Gibbons' lead attorney, said the way deputies talked about
Gibbons publicly, it almost seemed like they coveted his lifestyle.
Overson insisted his client is innocent. "I'm here to tell you Mr. Gibbons
didn't commit crimes," Overson told the seven-woman, two-man jury during
opening arguments. Only eight will decide the case; one person is serving
as an alternate.
Mark Flores, co-counsel with Overson, tried to get the adult videos, DVDs
and magazines seized from the home excluded from the trial.
Flores had argued that Gibbons' daughter was taken from the home June 12,
2001, and that there is no evidence that she was in the home when adult
materials were around or that Gibbons ever showed her anything harmful. He
said the materials would be inflammatory and prejudicial to the jury and
embarrassing for Gibbons.
However, the judge denied his motion. "The child, when she was in the home,
had free range throughout the home," Frederick said, adding it is within
the province of the jury to make a determination about the materials.
Prosecutor Katherine Bernards-Goodman said "time and date are not a
statutory element" in such situations and even so, there is a witness who
can testify there were adult materials at the home the same time the girl
was there.
Bernards-Goodman also said adult entertainment videos were mixed with such
things as "The Little Mermaid" and "Mrs. Doubtfire" and that the girl,
while seeking a regular video, could have come across the adult material.
The case stems from a 911 call Gibbons placed June 12, 2001, that brought
emergency medical personnel and police to his home, where they found
Gibbons' 19-year-old girlfriend overdosed on drugs. They also found his
daughter, who had an "unknown substance" in her system, according to court
records. Both were hospitalized and recovered.
Gibbons has maintained his innocence from the start and has lashed out at
prosecutors and sheriff's deputies, saying that detective Doug Lambert, who
headed the investigation and home search, has lied and unfairly targeted him.
Prosecutors, however, say they have a good case.
"Did you plant the meth?" Bernards-Goodman asked Lambert on the witness
stand Tuesday.
"No," Lambert replied.
Gibbons previously requested that prosecutor Sirena Wissler recuse herself
from the case and that the entire Salt Lake County District Attorney's
Office recuse itself, but the county officials have declined to do so.
Gibbons also has asked that Frederick be disqualified from presiding over
the trial because Frederick is supervising the probation of one of the
witnesses in the Gibbons case. However, 3rd District Presiding Judge Ronald
Nehring has ruled that Frederick should not be disqualified and has
rejected arguments that the judge would somehow influence how a witness
might testify.
A national expert on hair analysis testified Wednesday that a sample of
Dale Moroni Gibbons' hair showed "meth was detected."
Miguel Piris, a medical technologist for the California-based National
Toxicology Laboratories, said in response to a prosecutor's question that
the test of the former bank executive's hair showed some kind of "repeated
use" of methamphetamine.
Gibbons, former chief financial officer of Zions Bancorporation, is on
trial for methamphetamine possession and possession of materials harmful to
a minor, both third-degree felonies. Prosecutors also contend Gibbons was
involved in the rave scene, holding raucous parties in his palatial
Holladay home.
Earlier in the trial that began Tuesday, defense attorney Clayton Simms
objected to Piris being called as a witness, saying that among other
things, case law has not shown such evidence to be reliable, Gibbons' hair
is not relevant, that it is not related to the June 21 search warrant and
Piris' testimony would prejudice the jury. However, 3rd District Judge
Dennis Frederick said the possible use of meth is a principle issue in one
of the counts against Gibbons. "I am not persuaded it is inappropriate
testimony," Frederick said in denying the motion and permitting Piris to
take the stand.
On Tuesday, prosecutors piled bag after bag of special beads, "glow
sticks," empty nitrous oxide containers and other "rave scene" items on the
witness stand as a parade of detectives testified they seized the items
from the former bank executive's home last summer.
But under questioning from defense attorneys, detectives said that Gibbons'
fingerprints are not on any of the items seized in the June 21, 2001, raid.
Defense attorneys also argued that the meth could have belonged to the many
visitors and house guests that frequented Gibbons' large home. They also
said the amount is so small its street value is $4.80, while a detective
testified it was worth $40-$60.
Police have maintained that Gibbons led a double life - respectable
financier by day, host to wild parties with illegal goings-on at night. But
Darwin Overson, Gibbons' lead attorney, said the way deputies talked about
Gibbons publicly, it almost seemed like they coveted his lifestyle.
Overson insisted his client is innocent. "I'm here to tell you Mr. Gibbons
didn't commit crimes," Overson told the seven-woman, two-man jury during
opening arguments. Only eight will decide the case; one person is serving
as an alternate.
Mark Flores, co-counsel with Overson, tried to get the adult videos, DVDs
and magazines seized from the home excluded from the trial.
Flores had argued that Gibbons' daughter was taken from the home June 12,
2001, and that there is no evidence that she was in the home when adult
materials were around or that Gibbons ever showed her anything harmful. He
said the materials would be inflammatory and prejudicial to the jury and
embarrassing for Gibbons.
However, the judge denied his motion. "The child, when she was in the home,
had free range throughout the home," Frederick said, adding it is within
the province of the jury to make a determination about the materials.
Prosecutor Katherine Bernards-Goodman said "time and date are not a
statutory element" in such situations and even so, there is a witness who
can testify there were adult materials at the home the same time the girl
was there.
Bernards-Goodman also said adult entertainment videos were mixed with such
things as "The Little Mermaid" and "Mrs. Doubtfire" and that the girl,
while seeking a regular video, could have come across the adult material.
The case stems from a 911 call Gibbons placed June 12, 2001, that brought
emergency medical personnel and police to his home, where they found
Gibbons' 19-year-old girlfriend overdosed on drugs. They also found his
daughter, who had an "unknown substance" in her system, according to court
records. Both were hospitalized and recovered.
Gibbons has maintained his innocence from the start and has lashed out at
prosecutors and sheriff's deputies, saying that detective Doug Lambert, who
headed the investigation and home search, has lied and unfairly targeted him.
Prosecutors, however, say they have a good case.
"Did you plant the meth?" Bernards-Goodman asked Lambert on the witness
stand Tuesday.
"No," Lambert replied.
Gibbons previously requested that prosecutor Sirena Wissler recuse herself
from the case and that the entire Salt Lake County District Attorney's
Office recuse itself, but the county officials have declined to do so.
Gibbons also has asked that Frederick be disqualified from presiding over
the trial because Frederick is supervising the probation of one of the
witnesses in the Gibbons case. However, 3rd District Presiding Judge Ronald
Nehring has ruled that Frederick should not be disqualified and has
rejected arguments that the judge would somehow influence how a witness
might testify.
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