Pubdate: Mon, 16 Sep 2002
Source: Deseret News (UT)
Copyright: 2002 Deseret News Publishing Corp.
Contact:  http://www.desnews.com/
Details: http://www.mapinc.org/media/124
Author: Geoffrey Fattah

'REGULAR' DRUG CASE MAY NOT BE SO REGULAR

Attorneys and even Judge Timothy Hansen stressed Monday that a 4th District 
judge will be treated like anyone else facing felony drug charges. But 
there are already indications that this case may be different.

Judge Ray Harding Jr. appeared in 3rd District Court Monday morning to face 
two third-degree felony counts of drug possession. The charges each come 
with a maximum penalty of five years in prison.

Through his attorney, Ed Brass, Harding entered a plea of innocent to the 
charges. Harding himself said nothing during the brief court hearing and 
said little outside.

"I don't think it's appropriate to make comments about a pending case, 
thank you," Harding said to the media outside.

In court, Brass stressed that Harding's request to waive the reading of the 
formal charges, his request for a preliminary hearing and his request to 
view evidence were normal in a drug case.

Judge Hanson said he wanted this case to move forward in a "regular fashion."

However normal those involved with the case want things to be, there are 
already signs that it won't be.

Standing outside, dressed in a blonde wig, thick black glasses and a black 
robe, one man protested with a sign saying: "The verdict is in, pass the 
pipe Judge, no mercy."

"I think it's the most hypocritical thing you can do as a judge," said 
26-year-old, Poi Thompson of Orem, who traveled to Salt Lake City to 
confront Harding.

Although he missed his chance, Thompson, a student at Utah Valley State 
College, said he is angry at Harding for sentencing his friend to a year in 
jail for drug possession.

It is expected that many defense attorneys will be challenging Harding's 
rulings, which number around 360.

Already two Utah County defense attorneys have asked to put their fraud 
case on hold while they conduct an investigation to determine if Harding 
was under the influence of drugs while on the bench.

Harding remains out on $10,000 bail and has been suspended from the bench 
with pay, pending the outcome of the case. Court officials say Harding may 
be the first judge in the state to face a felony charge.

Harding was arrested at his Highland home on July 13 after his wife called 
police. Police say Harding's family had gathered to confront the judge 
about an alleged ongoing drug habit.

Quantities of cocaine, heroin and barbiturates were found in Harding's 
home. According to the Utah Attorney General's Office, hair samples form 
Harding tested positive for drugs.

Outside court Brass expressed displeasure that such details were being 
played out in the media by the Attorney General's Office.

Brass said it's unusual to have two prosecutors assigned to a simple first 
drug possession case.

"There have also been a lot of comments made to you that don't belong in 
the press. We'll deal with this at the time of the preliminary hearing," 
Brass said, but refused to elaborate.

Paul Murphy, spokesman for the Attorney General's Office, said his office 
understands Brass' concerns and plans to limit its comments within its 
ethical guidelines.

Hanson has set a preliminary hearing for Nov. 6, at which time prosecutors 
will lay out their evidence.

Meanwhile, the UVSC student turned activist said he plans to be at every 
hearing.
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MAP posted-by: Keith Brilhart