Trial dates set in southern Utah Indian artifacts cases

SALT LAKE CITY — Trial dates were set Monday for a number of defendants facing charges of stealing and selling artifacts from federal and protected lands, with the government resolving to move its case forward in spite of the death of its confidential source.

The future of the case and the 20-plus defendants who are looking for resolutions was questioned after the suicide death of the government's confidential source, Ted Gardiner, whose recordings are believed to have made up the bulk of the prosecution's case.

Prosecutors would not identify Gardiner as their source during Monday's hearing before U.S. Magistrate Judge Samuel Alba, but prosecutor Richard McKelvie said the man known as "the source" was "deceased as of last week" and that the death was not "fatal to any of our cases."

"We plan to go forward with the case," McKelvie said. "The only difference is the manner in which we proffer the evidence."

Gardiner worked with the FBI and Bureau of Land Management in their 21/2-year investigation in the Four Corners area. He purchased approximately 256 archaeological artifacts totaling $335,685 at the direction of the FBI. Many of these transactions were recorded.

Defense attorney Wally Bugden questioned whether the death of "the source" would create admissibility and hearsay issues because Gardiner was never deposed and never recorded testimony under oath. If the evidence can't be subject to cross-examination, it may be inadmissible in court as hearsay, attorneys argued.

Alba said decisions on what evidence to allow will fall to the trial judges, with the first trial beginning May 3.

Defense attorney David Finlayson said the death of a witness has deeper implications in that it also marks an end to their role in a trial, which would raise some questions on how the government can proceed.

"(The source) is involved in every single case," Finlayson said. "They're saying they can go ahead with the case, so we're all trying to figure out what they're trying to use."

Carlie Christensen, acting U.S. Attorney for Utah, said the government plans to move forward in the case.

"We're going to marshal evidence, resolve the motions that have been filed, and we're certainly going to have to change some strategies," Christensen said. "We think we have enough evidence to move forward."

e-mail: emorgan@desnews.com