Delta County Independent Issue 49

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50¢ Veterans remember 1941 attack on Pearl Harbor

Vol. 126, No. 49 — December 9, 2009

www.deltacountyindependent.com

See Surface Creek News on pages 1-3C.

Holiday happenings abound in the North Fork

Holiday Happenings in Delta County The Delta County Independent is pleased to highlight holiday happenings taking place in the coming week. Events may be added to the calendar by sending them to the DCI, P.O. Box 809, Delta, CO 81416 or e-mailing editor@deltacountyindependent.com. Thursday, Dec. 10 Delta — DMS band concert, Delta Performing Arts Center, 6:30 p.m. Cedaredge — Second grade program, CHS, 7 p.m. Friday, Dec. 11 Olathe — Deadline to enter Christmas lighting contest for residents and businesses. Submit entry form at Bank of Colorado, Producers Coop or Olathe True Value. Delta — Delta Middle School Drama Team presents Disney’s High School Musical Jr., 7 p.m. at Delta Performing Arts Center. Garnet Mesa Elementary kindergartners perform at Bank of the West, 1 p.m. Eckert — North Fork Community Chorus and Orchestra presents Handel’s Messiah and other Christmas selections at Eckert Presbyterian Church, 7 p.m. Hotchkiss — Opening reception at The Creamery Arts Center, 6 to 8 p.m. Two new shows, live music, refreshments, live tree auction. Cedaredge — Jazz band per-

See The North Fork Times on pages 1-4B.

Kids, have Breakfast with Santa on Saturday Kids have one more chance to share their holiday wishes with Santa Claus when he returns to Delta for breakfast at Bill Heddles Recreation Center Saturday, Dec. 12. The Delta Kiwanis will provide the pancake breakfast. There’s no charge for kids under the age of 12; the cost is $5 for 13 and over. Kids can also make a holiday craft and jump in the inflatable bump house.

Two county projects earn GOCO grants

By Hank Lohmeyer Staff Writer

Delta County businessman Vern McCracken has announced that he is a candidate for the District 1 county commissioner seat. District 1 has been represented for the past seven years by McCracken’s wife, Jan, who is term-limited and cannot run for the office again in November. No other Republican candidates have expressed an interest in running, which is one of the reasons why McCracken decided to step up now. He said he wants to try and help ensure that Delta County government stays on its present path. McCracken explained that he believes Delta County government has consistently gotten it right on the most important issues. Those issues in his view are fiscal responsibility and a consensus approach to solving problems with a county-wide perspective. “We have really been blessed in Delta County with a county commission that is fiscally responsible and has kept us in the black,” McCracken said. “And, I’ve had the opportunity See McCracken, Page 3A

Residential, business lighting contest in Olathe

By Pat Sunderland Managing Editor

Weekend Forecast

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Paonia

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Dec. 1 .......47 17 .00 Dec. 1 .......47 17 .00 Dec. 2 .......39 9 .00 Dec. 2 .......36 12 .00 Dec. 3 .......31 5 .00 Dec. 3 .......25 5 .00 Dec. 4 .......29 3 .00 Dec. 4 .......27 1 .00 Dec. 5 .......31 3 .00 Dec. 5 .......32 6 .00 Dec. 6 .......32 13 .00 Dec. 6 .......36 13 .00 Dec. 7 .......32 21 .16 Dec. 7 .......36 16 .08

Dec. 1 .......47 Dec. 2 .......36 Dec. 3 .......25 Dec. 4 .......27 Dec. 5 .......32 Dec. 6 .......36 Dec. 7 .......36

by CO AgMet Network

by Bob & Shirley Lund

by John Cairns

Accent ................... 4A Activities ................ 5C Business .............. 4C Church .................. 5E Classifieds .......... 1-2E Editorial ................. 2A Legals ................ 4-5D

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Pat Sunderland/DCI

A late start to a snowy day While the school day started as normally scheduled in Paonia, Hotchkiss and Crawford, heavy snowfall prompted a two-hour delay for students in the Delta-Cedaredge areas Tuesday, Dec. 8. “We tried to give the road crews time to clear and sand the roads,” said community relations director John Jones. Middle school sports events were canceled Tuesday night, while high school activities were evaluated on a case-by-case basis. Away games at schools which were closed for the day will be rescheduled. Jones said notification was made through Grand Junction television stations and the school district’s website, www.deltaschools.com. Traditionally, the district has relied on radio stations to broadcast closures and delays, but Jones said many play syndicated shows early in the morning and are not manned by live disc jockeys. Parents always have the option of keeping their students home, Jones added, and that appeared to be the case in Delta schools where attendance was down significantly. Students can make up their work for full credit. Above, Dan Cholas clears the sidewalk in front of Garnet Mesa Elementary School.

Miriam Helmick’s fate lies with jury

The Olathe Area Chamber of Commerce is sponsoring a business and residential Christmas lighting contest for the Olathe community. Entry forms are available at the Bank of Colorado, Olathe Producer’s Co-op and the Olathe True Value Hardware. The deadline to enter is Dec. 11. Winners will be announced and prizes awarded at the Miracle on Main Street Celebration Friday, Dec. 18. The event is sponsored by the Olathe Area Chamber of Commerce. For more information, contact Anna Leos at 3236343.

Delta

Team Ministries. St. Luke’s Episcopal, 145 W. 5th Street, noon to 1 p.m. Hotchkiss — Children’s Christmas pageant, Hotchkiss Community United Methodist Church, during 11 a.m. worship service. Cedaredge — Community Christmas program at Grand Mesa Southern Baptist Church, 10:45 a.m. Monday, Dec. 14 Cedaredge — CHS choir concert, 7 p.m. at the high school. Tuesday, Dec. 15 Cedaredge — Winter band concert, Cedaredge High School, 7 p.m. Hotchkiss — Band and choir holiday concert at HHS, 6:30 p.m. Kindergarten-2nd grade program at HK8, 6 p.m. Paonia — Holiday concert at PHS gym, 7 p.m. Wednesday, Dec. 16 Delta — Redeemer Lutheran Church mid-week Advent service, 7 p.m. Soup supper, 6 p.m. DMS/DHS choir concert, Delta Performing Arts Center, 6:30 and 7:30 p.m. Hotchkiss — 6th-8th grade choir, band performance at HK8, 6 p.m. 7th-8th grade drama performance at HK8, 6 p.m. Donations of new, unwrapped toys will be accepted for Delta’s Holiday Toy Drive through Wednesday, Dec. 16

McCracken will run for wife’s seat

The Great Outdoors Colorado (GOCO) board has awarded a total of $323,528 in Lottery funds to two projects in Delta County — $200,000 to Delta County for the expansion of the county fairgrounds, and $123,528 to the Town of Orchard City for the construction of a picnic pavilion at its town park. With the help of its latest GOCO/Lottery grant, Delta County will purchase a 19-acre parcel that adjoins the Delta County Fairgrounds’ east boundary. Expansion of the fairgrounds will result in new uses and enhance current ones, while also providing public access to roughly 1⁄4 mile of the North Fork of the Gunnison River for fishing and environmental education opportunities. The Town of Orchard City will use its GOCO grant award towards the construction of a pavilion in its town park, which will hold 20 picnic tables and four barbecue grills, pathways, landscaping, irrigation and a parking lot. The pavilion will significantly increase the community’s outdoor recreational options, currently limited to those afforded by the town’s Field of Dreams Park and Sports Facility —another GOCO-funded project. Statewide, the GOCO Board awarded $4.49 million for 44 projects. GOCO received a total of 92 applications requesting $8.17 million. Great Outdoors Colorado is the result of a citizens’ initiative passed by Colorado voters in 1992. GOCO receives approximately $54 million annually from Lottery proceeds, and directs those funds to projects that protect and enhance Colorado’s parks, wildlife, trails, rivers and open space. Since 1994, projects in Delta County have been awarded more than $5.3 million in GOCO grants.

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formance, “Swingin’ Into the Night,” 7:30 p.m. at the high school. Saturday, Dec. 12 Rogers Mesa — Bake and craft sale, Rogers Mesa Community House, 10 a.m. to 6 p.m. Delta — Breakfast with Santa, 8:30 to 10:30 a.m. at Bill Heddles Recreation Center. Valley Youth Orchestra’s 2009 Christmas concert, 1 p.m. at the Delta United Methodist Church. Sale of jewelry and crafts to benefit African Team Ministries. St. Luke’s Episcopal, 145 W. 5th Street, 9 a.m. to noon. Live nativity at Redeemer Lutheran Church, 1000 Pioneer Road, Delta, 6 to 8 p.m., with performances every 30 minutes. Hotchkiss — Card and ornament making, seasonal music, book signings with local authors and a visit from Santa. The Creamery Arts Center, noon to 4 p.m. Paonia — Red Feather Bowmen Toy Drive. Bring a toy or cash donation and shoot between 10:30 a.m. and 7:30 p.m. in the indoor range at Paonia Teen Center. Sunday, Dec. 13 Paonia — North Fork Community Chorus and Orchestra presents Handel’s Messiah and other Christmas selections at the North Fork Baptist Church, 3 p.m. Grand Mesa — WinterStart cross-country ski race at Skyway on Grand Mesa. 5K classic at 11 a.m., 5K freestyle at 12:30 p.m. Delta — Sale of jewelry and crafts to benefit African

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North Fork Times 1-4B Obituaries .............. 7C School Zone ......... 6A Sports ................ 1-3D Surface Creek .... 1-3C TV Listings ......... 3-4E

Guilty or innocent? The answer to that question now lies with the 12 jurors who have patiently listened to the testimony in the case of Miriam Helmick since mid-November. Helmick is charged with the murder of her husband, Alan Helmick, a longtime Delta resident, in June 2008. In addition to first degree murder, she faces charges of attempted first degree murder and 11 counts of forgery. The jury will consider each count separately, and could opt for lesser included offenses, such as false reporting. That is the only charge Helmick is guilty of, defense attorney Steve Colvin told the jury in closing arguments Monday, Dec. 7. That charge arises from the threatening card Helmick addressed to herself — a foolish attempt, Colvin said, to get investigators to take her fears seriously. Helmick was suspicious of a white truck in the area, but the police never followed up on the possibility of other suspects. A similar report by a neighbor was also discounted — because it didn’t point to Helmick’s guilt, the defense said. Outside the courtroom, Miriam Helmick never had the presumption of innocence, Colvin stressed. Any evidence that pointed elsewhere was discounted; theories that did not match law enforcement’s preconcep-

tions were disregarded. “The prosecution has given as much weight to minor things as major things,” Colvin said. Miriam didn’t cry enough ... she waited several days to clean up Alan’s blood from the floor ... she wore a black dress for her wedding to Alan in June 2006 ... she says ‘I love you’ too many times in voice mails left on Alan’s cell phone the morning of the murder. “Here your decision is based upon the principles of law, beginning with the presumption of innocence,” Colvin said. He cited the lack of evidence in the case as the basis for reasonable doubt. The prosecution’s theory about the murder weapon, which has never been located, entails “an amazing amount of speculation.” Gunshot residue was not found on her clothes, but a spot on her shoe could easily have been picked up as she knelt by her husband’s side. Footprints left on the home’s wooden floor were never fully identified — because the police believed they had found their suspect, and of course Miriam’s footprints would be in the house. During the trial, an FBI agent testified that the burglary appeared to be staged. Even if that were the case, Colvin said, that doesn’t mean Miriam Helmick did the staging. It’s no wonder law enforcement focused on Miriam early in the inves-

tiation, he added. Alan’s family and friends never liked Miriam. They all “lined up” to say she must have had something to do with his murder; she must have been poisoning him earlier in the spring. But the forensic pathologist testified there were no signs of poison in Alan’s body, and there was just no motive for her to commit the crime, Colvin said. Alan Helmick fully understood the extent of his financial problems, and there’s no evidence that Miriam didn’t have permission to write checks to transfer funds from one account to another. Although the prosecution maintains the forged checks total about $40,000, only two were cashed; the remainder were moved from one of Alan’s accounts to another. The prenuptial agreement amounted to nothing, because the couple’s two businesses were “in the toilet.” A $250,000 insurance policy was “in the works.” Miriam never attempted to collect any money from Alan’s estate. “None of this suggests she would have benefited from Alan’s death,” Colvin said. But assistant district attorney Rich Tuttle maintains Miriam Helmick did benefit from Alan’s death, by receiving life insurance benefits of $25,000. That may not seem a strong motive for murder, but he urged the

jurors to consider how Miriam Helmick had arrived in town three years earlier “virtually penniless,” with just a suitcase, two dogs and about $600 to her name. As in the opening arguments, the prosecution presented a timeline which began with the unexpected death of Sharon Helmick in December 2003. Alan Helmick was devastated by the sudden death of the woman he’d been married to for over 30 years. A year later he met Miriam Giles; within a month she’d moved in with him. By the time they were married in June 2006, Alan had invested heavily in a dance studio and a horse operation — two ventures which were “bleeding him dry.” He’d also purchased a beautiful home on a 40-acre tract in Whitewater. During the trial, an IRS agent presented tax returns which showed Alan’s income dropping proportionately to the tens of thousands of dollars he invested in Miriam’s “passions.” “The gravy train that Alan Helmick had provided for the defendant had come to an end,” Tuttle said. Although Helmick testified she had nothing to do with Alan’s finances, check stubs from forged checks were found in her purse. The prosecutor said that’s evidence that she was trying to cover up the fact that checks were missing. Furthermore, if See Miriam Helmick, Page 3A


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