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The lawyer for Stanley Pons and Martin Fleischmann responded angrily Wednesday to reports that his clients are not cooperating with state and university officials.

C. Gary Triggs also said National Cold Fusion Institute Director Fritz Will refused to communicate with his clients and had "previously breached confidences.

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Dr. Will adamantly denied those criticisms and others.

"It has become fashionable to bash Dr. Pons and Dr. Fleischmann," said Mr. Triggs, "and the criticism is both unfair and unfounded."

Members of the State Fusion/Energy Advisory Council Tuesday expressed impatience with Dr. Pons, saying he has not met promises to cooperate with attempts to independently verify his cold-fusion work.

"It is our position that Dr. Pons and Dr. Fleischmann have cooperated fully and openly," said Mr. Triggs in a telephone interview from his North Carolina office.

Mr. Triggs said he sympathized with the frustrations confronting state fusion officials, but said his clients have been made the scapegoats for cooperating with the state's own lawyers.

He also noted that Dr. Pons "gave up Christmas with his family" to discuss the upcoming scientific review with state council member and Utah State University scientist Wilford Hansen and others.

He said his clients withheld some information from the independent reviewers who met at the institute last November because he was advised by the state's patent attorney that it would be a possible violation of the atomic energy act.

Dr. Will said Wednesday that he has had written communications with the U.S. Department of Energy indicating cold-fusion research is not affected by the atomic energy act, under which certain nuclear research can be declared classified.

Mr. Triggs said his client necessarily withheld information from the independent reviewers for patent reasons, too. He said other people could exploit cold fusion "unless those patents are protected zealously."

"Because of the patent restraints, they have had to sit on the sidelines and take these pressures," Mr. Triggs said.

Dr. Will said he had a four-hour meeting with Mr. Triggs and Dr.

Pons last June, shortly after U. Science faculty members called for the independent review, in which there was "full agreement as to the items that had to be disclosed."

"This agreement was not kept at all," Dr. Will said. "It became more and more obvious they were unwilling to cooperate in the sense of providing information complete enough for an independent verification of their claims."

He also noted the outside scientists had signed "confidentiality agreements" to protect any proprietary rights.

Mr. Triggs said his clients, contrary to published reports, were sharing their data with other institute scientists. "They don't share some of the data with Fritz Will because he has previously breached confidences."

Dr. Will called that accusation a "devious, unjustified act."

He guessed the charge was related to his sharing some of Dr.

Pons' data with University of Utah chemist Cheves Walling, who works as a consultant to the fusion institute and who also has signed a confidentiality agreement.

He said Dr. Walling is "a very recognized scientist and member of the National Academy of Sciences. We are fortunate to have him as a consultant. . . . I gave the data and discussed it with Dr. Walling to get his assessment. That's what one uses a consultant for."

Mr. Triggs blamed Dr. Will for the deterioration in communication, saying he had refused to answer his clients questions and sent only "terse messages" to them.

"It's obvious Dr. Fritz Will has his own motivations of which we are suspicious," Mr. Triggs said. " . . . He is using personal dislike for what is not a personal situation. These are serious, contractual matters."

Dr. Will reiterated his earlier insistence that scientific matters not be carried out through a lawyer, as Dr. Pons has required. He also noted that a similar communications gap emerged with the previous institute director, U. College of Science Dean Hugo Rossi.

Dr. Will said he harbors no animosity toward Drs. Pons and Fleischmann "and I still express hope that they will have others verify the claims they have made."

The poor relationship between the two chemists and Dr. Will has resulted in a reorganization of cold-fusion research that has Drs.

Pons and Fleischmann answering to the university directly instead of the National Cold Fusion Institute.

Mr. Triggs also complained that press reports of Tuesday's meeting, including that in The Tribune, failed to mention the statements made in support of his clients.

Dr. Hansen told the meeting that Dr. Pons was cooperating with the recently-begun attempt to independently verify Dr. Pons' work.

At one point Dr. Hansen told council members they were "being a little harsh" on Dr. Pons.

John Morris, the U. associate vice president for academic affairs and negotiator of the university's agreement with Dr. Pons, also indicated in Tuesday's meeting that Dr. Pons was meeting the terms of the agreement, which includes Dr. Hansen's verification of the work.

Under that agreement, Dr. Pons resigned his tenured professorship in the Chemistry Department. According to Mr. Morris, the chemistry department has approved his appointment as a research professor effective until June 30, 1992. Final approval must still be made by the U. Institutional Council at its February meeting.

- Pons' position can be renegotiated after the 18 months.

Dr. Pons will receive his same salary and still be eligible for raises, Mr. Morris said.