The arraignment of two Salt Lake men bound over for trial in state district court on charges they conspired to help the killers of a grand jury witness in 1978 has been scheduled June 1.

The final day of the preliminary hearing for Alvin Russell III, 35, and Todd Hall, 45, lasted just 10 minutes Tuesday because defense attorneys decided not to present arguments.Lincoln County Court Judge Frank Zebre again denied defense motions to dismiss the charges of conspiracy to commit first-degree murder and aiding and abetting first-degree murder in the death of Jeffrey Green, of Bridger Valley.

Uinta County Attorney Scott Smith repeated earlier statements that he will not seek the death penalty.

Russell and Hall remain free on $100,000 bond each.

Attorney Ron Yengich, representing Russell, said he decided not to present a defense at the preliminary hearing because he believes prosecutors have not proven their case. Attorney Robert Pickett, representing Hall, earlier had decided not to present a defense for the same reason.

Pickett had said that Zebre's denial of a defense motion to dismiss the charges April 11 indicated Zebre intended to send the cases to state district court for trial.

"Judge Zebre made his decision and although we respect the decision, we vehemently disagree with it," Yengich said after the preliminary hearing.

Mark Hopkinson, of Bridger Valley, is awaiting execution for ordering Green's murder from a federal prison in California where he was serving a 10-year sentence for hiring Green to plant a bomb in the car of an Arizona attorney.

The charges against Russell and Hall are the result of the May 1979 murder of Green several days before he was scheduled to appear before a grand jury looking into Hopkinson's involvement in the 1977 bombing deaths of Evanston attorney Vincent Vehar and two members of Vehar's family.

Hopkinson is serving three life terms for the deaths of the Vehars.