Ex-chemical depot worker faces prison after
fairness of trial upheld
By Pamela Manson
The Salt Lake Tribune
A
former Deseret Chemical Depot supervisor convicted of falsifying air quality
results lost his bid for acquittal when a federal judge ruled that witnesses
at his trial had obeyed the rule barring them from discussing their testimony
with one another.
At a Friday hearing, U.S. District Court Judge Tena
Campbell also ruled that a witness at the trial of David James Yarbrough
did make an incorrect statement about whether a manual on air quality tests
was the latest version being used, but said the testimony was an honest error
and did not affect the jury's decision.
The judge set sentencing for Jan. 13 for Yarbrough on
seven counts of making false statements to a government agency. He faces
a maximum sentence of five years in prison on each count.
Defense attorneys had claimed that a key witness might
have spoken to other witnesses before they took the stand at the July trial,
which might have influenced their testimony. They had asked for a new trial
or an acquittal.
At Friday's hearing, three workers at the depot said
they saw a supervisor who already had testified speak to another supervisor
before his turn to testify, but were unable to hear the conversation.
The two supervisors testified that they did talk but
were not discussing testimony.
Yarbrough was accused of omitting data or misreporting
test numbers so monitoring units, which determine whether any toxic gases
at the weapons destruction facility are being released, falsely appeared
to be working. He adamantly denies the allegations and said after his conviction
that safety had always been his paramount concern.
Under an international treaty, workers are destroying
the nation's stockpile of chemical weapons at the depot, which is about 40
miles southwest of Salt Lake City. Yarbrough, a worker at the Oquirrh Mountain
Facility Plant at the depot, had been a civilian employee there for more
than 20 years.
pmanson@sltrib.com
|