Deseret News
October 3, 2003
New trial in falsified data case?
By Angie Welling
Deseret Morning News
A federal judge will hear evidence to determine if witnesses who testified
against a former air-monitoring chief at Deseret Chemical Depot illegally
discussed their testimony with one another outside the courtroom.
David James Yarbrough was convicted in August of manipulating data at the
Army's Chemical Agent Munitions Disposal System near Stockton, Tooele County.
The falsified data made it seem as if air monitors to detect potentially
lethal vapors were passing tests when they were not.
Defense attorneys for Yarbrough maintain one of the government's witnesses
at trial violated an order not to speak to others about her testimony. Furthermore,
they argue, the woman's testimony was "clearly incorrect" and the misinformation
may have influenced the others' impressions.
At a Wednesday afternoon hearing on a defense motion for a new trial in the
case, attorney Mick Harrison asked U.S. District Judge Tena Campbell to schedule
a hearing in which the witnesses will testify about any out-of-court conversations
they may have had with one another.
Though Campbell expressed skepticism about the allegations, she did agree
to explore them further through a Nov. 21 evidentiary hearing.
Harrison also maintains Yarbrough is entitled to a new trial because prosecutors
made inappropriate remarks throughout the trial — namely that Yarbrough's
actions endangered those in and around the depot. Assistant U.S. Attorney
Mark Hirata denied the targeted statements were made, but said even if they
were it was irrelevant because jurors are not allowed to consider attorneys'
comments as evidence.
Campbell allowed both sides additional time to file court documents on that
issue and will hear arguments on it at the November hearing.
Yarbrough faces five years in prison on each of the seven counts on which
he was convicted. Sentencing in the case is on hold until after the motion
for a new trial is decided.