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~ Or @6641l n+. The Trbure-Democta Johnstown, Pa, ‘Wedhesday, daly 1, 1998 Fenton trial begins on Monday clears the way for trial to begin Monday, Accused Ol deat h threat is ON Murtha, ot thers But prosecutors will be unable to use some of By JASON GREEN the statements Fenton made to police, because it’s THE TRBUNE- DEMOCRAT of a ayant and the CIA director. Unclear whether he understood his rights prior to "Hugjes roles 0 assist Congressman Murtha talking with offices in Decenber, + AGeistown man won attother victory in feder- in the exercise of his congressional, sovereien Three officers visited Fenton ata hotel room on "al court this week, but still will stand trial on power, not to exercise independently,” Smith Dec. 3, but never read him his Miranda rights, charges he threatened to kill US. Rep, John wrote in his ruling Smith said in an earlier ruling, Murtha, DJohnstown, “Accordingly, Hugya cannot be deemed'a feder- Fenton allowed them to enter, but likely did not Donald Lee Fenton; 41, ofthe 2400 block of Bed- al officer or official.” fee] free to leave, Smith wrote, ford Street, asked District Judge D. Brooks Smith While dismissing the chatge in federal court Stonycreek Township Police Officer Kevin to dismiss two federal counts of assault filed’ because it didn’t fall under his --—— Price went to Fenton’s residence at the hotel with aetint him, stemming from a January indict jurisdiction, Smith said the the hope of detaining him until officials from Cr ment, threats still ate deserving of sis, Cambria County's mental health agency, In a Dev, 3 telephone conversation, Fenton punishment and should be could arrive, ‘allegedly threatened to kill Murtha: John Hugya, dealt with by the Cambria ’ Fenton was then taken to Memorial Medical the congressman's aide; insurance agent Randy County district attorney's | aS gf Center for a psychiatric evaluation, Leventry; and others employed in an insurance office, “The day he was released from the hospital, office, Fenton was dealing with the office because In a February plea agree: j Price arrested Fenton on charges of terroristic of mechanical problems with his truck, thent, Fenton was released Ml threats and harassment, Price read Fenton his While Fenton still must stand trial on a charge from Cambria County jail on '*\ Miranda rights, but failed to confirm he under: that he threatened to kill Murtha, a charge that $25,000 recognizance bond and pag Stood them, Smith said, he threatened to kill Hugya was dismissed. Smith ordered to look for a job and ~ Fenton He also did not have Fenton signa waiver of his riled that Hueva is not a protected government keep. all scheduled medical rights, which is a custoniary practice, official, appointments, He also must wear a monitoring Price may have contributed to Fenton's confu- [Inder federal law, it is illegal to threaten to device, sion by telling him, ‘It's no big deal” at District i Kidnap or murder a United States official Fenton's trial had been scheduled fox May in Justice Leonard Grecek’s office, mith wrote Oplatose officials inch ude the president, president Pittsburgh, but was postponed when defense © After his arrest, Fenton spoke witha pait of FB] eB Vice president, vice president-elect, a mem attorney Marketa Sims of the federal public agents and two Capitol police officers at Grecek’s Ifa Congtes, A Hiber-alect of Congress, a defetiden’s oftve filed a intl 0 distiiss the office, Smith also suppressed statements Fenton efaber of the executive branch wlio is the head charges against her client. Brooks’ Jatest ruling made during that interview. “swiss Fx, a roavia st ox —3 dr l- B29 BS? oP CAe38 DS - SEP -F £3 :001330 Bulwang PUOMVOIStSESBLD ¢WEDBOTA — “SSEUMUONOD AO BHAWAN — VWHORanW 7a NHOLr "> (nope qg e50dg ur 6uUlddy{a runcyz) Dt LE A BI OD fF ISS 2 FD a at Grerireeee) Jai Pan Qe 4 = Q ic) Q a Q PI) o 2 ic} Oo = q 4 Q o « ro] > rou a o ia] = ec . oS 27 oS X) a7 Ow) OP Ce E£--