Altoona Mirror (Newspaper) - July 14, 1987, Altoona, Pennsylvania Clydesdales trot into area See them at Logan Mall Bland's Park C1 North still talking A3 McMartin case opens A3 Claysburg fatality Bl City repays expenses B1 Stars out tonight Baseball's best battle in Oakland Dl Charges against Blair man dismissed By Phil Ray Staff Writer The Federal Appeals Court in Philadelphia on Monday dismissed charges against a Hollidaysburg man because he was never ed by the Blair County Court of Com- mon Pleas on a 1981 burglary charge The 3rd Circuit Court of Appeals said that the delay in the Blair ty criminal court is monumental and almost unbelievable as it ordered the dismissal of charges against Wayne Burkett who now would be 28 years of age Ironically the very same issue came before Blair County Judge Bertram B Leopold in April and Leopold refused to dismiss charges Leopold however did not issue an opinion only an order Burkett's attorney Frederick B Gieg Jr said this morning that Burkett has never been sentenced on charges for which he was convicted in late 1981 Gieg argued before Judge Leopold that Burkett was entitled to a speedy sentencing which is part of the con- guarantee of a speedy trial In the Burkett case the disposition of post trial motions was delayed for years because a former Blair ty court reporter did not prepare the transcript of the case That court reporter appeared before Judge Leopold in April and said she was pressed for time when she worked in the Blair County court system and was constantly being assigned to other cases When she left the court system but was re- quested to complete the transcript she said that the effort was further delayed because the county wouldn't provide her with good equipment Gieg indicated that Burkett tried just about every way he knew how to be sentenced on the Hollidaysburg charge including the filing of a tion to bring the case before the Blair County court But Burkett went a step further and filed a similar motion before the Federal Court and that court two years ago ordered Blair County to decide the issues in the Burkett case within 60 days Blair County did not comply with the Federal Court order and as Gieg pointed out Burkett today remains in jail and unsentenced although he has been sentenced to a minimum of 22 years on charges of rape and at- tempted rape However those charges too are being challenged in the higher courts The Federal Court said that the county courts have violated conceptions of justice fair play and decency by the egregious delays in sentencing inmates The Burkett case involved a break-in at a Hollidaysburg home on Feb 6 1981 Burkett was charged with a series of offenses including burglary but he was also charged with raping a woman and her Vi Court on Iraqi jets raid Iranian targets United Press International Iraq said its warplanes attacked oil installations on Island and an offshore oilfield in the sian Gulf today after raiding a holding area for tankers at Iran's main oil terminal on Kharg Island The renewed Iraqi air activity came a day after suspected Iranian gunboats raked a container ship off the coast of Saudi Arabia France hinting of possible retaliatory action is demanding an immediate explanation from Tehran Relations between France and Iran are at an all-time low over accusations that French border police beat up and injured an Iranian diplomat A French Defense Ministry spokesman said the French warship victor had been ordered Sunday night apparently before the attack to head for Bahrain An Iraqi military spokesman in Baghdad was quoted by the Iraqi News Agency as saying the Iraqi warplanes made intensive at- tacks today on 90 miles south of Kharg in the second such raid in as many days is reportedly used as a base for Iran's Revolutionary Guards who have used made boats capable of reaching a top speed of 50 knots to launch a ing of hit-and-run raids on ships since April 15 The Iraqi planes also hit the offshore oilfield in the southern gulf about 140 miles east of Bahrain INA said There was ho immediate dent confirmation of today's air strikes but shipping insurers Lloyds of London reported that Iraqi jets at- tacked two on Kharg Island at p.m Monday Iraq said late Monday that its warplanes scored destructive hits on a holding area for tankers waiting to load oil at Kharg and returned safely to their base in their fourth strike on Kharg in less than a month Defense Minister Andre Giraud said France would not change its naval deployment plans in the gulf which he explained are to patrol the area and not to escort merchant shipping J Iraqi planes attack Iranian oil installation on Island attack French ship OMAN North puts on slide for Congressmen A French Foreign Ministry spokesman told United Press Inter- national that France's charge faires in Tehran was instructed to demand an explanation from Iran for the attack early Monday by nian gunboats on the French ship Ville Uri No injuries were reported aboard the ship but the vessel was badly damaged according to shipping sources in Kuwait He has also been asked to de- mand an official explanation and also to indicate that France reserves iee Strikes on Page A2 WASHINGTON UPI Contra hearings opening a sixth day of testimony by Lt Col Oliver North bogged down today with tisan bickering over a presentation by North on national television in support of the Nicaraguan rebels The presentation of the speech North's stock pitch to various civic groups and organizations became the focus of the worst partisan breakdown of the select House and Senate Iran panels since the ings began May 5 Conservative Republicans battled Democrats and moderate Republicans for 45 minutes during the morning's public session over whether North could give the talk on television before the committees went into private session to resolve the matter An hour and a half after the dispute began North was allowed to give a presentation describing and commenting on each of the 57 slides as he looked at them at his chair at the witness table Sen Daniel In- chairman of the Senate committee said the slides could not be shown in the starkly lighted committee room because of technical complications and ty reasons The speech came an issue during previous testimony by Ellen Gar wood a wealthy Texas Contra con- whom Sen Warren man suggested was the tim of a one-two punch He later changed that assessment and said he believed North was not involved in soliciting money for the Contras As described it North made a pitch for the Contras in a meeting with her and conservative fund-raiser Carl Channel at a Washington hotel Channel who pleaded guilty to tax violations in connection with the Iran affair was the one who actually did the asking for money to support the anti- Sandinista rebels she said North has vehemently denied soliciting private money to aid the Contras during a time official U.S aid was banned by law but he con- See North on Page A2 City Too little or too much By Barbara F Cowan Staff Writer Only 25 of Altoona's residents attended public hearings on a recommendation to change the form of government Monday But they had enough questions to fuel hours of discussion There was praise for the work of the Government Study Commission and criticism that the form of government recommended may not be much better than the commission form now in place at City Hall provides for a professional city manager to handle the day to day operations of the city The manager answers to a six member council and a mayor It's a basis that could provide a springboard for a change It's not a Commission Chairman Barbara Kooman said Concerns ran from the city manager having too much power to not having enough power The manager becomes the sole designated contact person for the Councilman Karl R King said quoting from the report I may be old-fashioned but if there is to be one person with that much authority running my city I want the right to vote for that son he said Victor Raia agreed I feel you're taking the vote away from the city of he said adding that he wants a direct say in the choosing of anyone who heads the city Under the form of government the people vote for six city councilmen and a mayor Then council appoints a city manager On the other side citizens said the manager could be just a political pawn You're looking at a person who just takes orders he can take no Alan Mikula Democratic candidate for mayor said You're still going to have time politicians council putting pressure on the city he added Two of those testifying in support of the recommended form of ment were citizen Daniel Shenck and Mayor David L Jannetta See Hearing on Page A2 United Press International WHITE aide Michael accompanied by his wife Carolyn leaves U.S District Court Monday on the first day of his trial on charges ho lied to a federal grand jury and a House subcommittee The U.S Capitol is in the background Sec story on Page A2 Casey OKs massive tax cut HARRISBURG UPI sylvania businesses and residents will enjoy million in tax cuts during the fiscal year under a measure Gov Robert P Casey proved literally with a stroke of his pen Casey signed the measure in a drive stretching late into the ing to beat a deadline limiting what action he could take on bills the Legislature passed before lawmakers began a 2 mer recess two weeks ago Monday was the last day for tion said Casey spokeswoman Rita Frealing They would have automatically gone into law without his signature and if he didn't veto she said Casey began his day in Philadelphia where he signed a job training package later stopping at State College to announce a technology task force before ing to Harrisburg to tackle more than 40 bills waiting on his desk Among other bills that earned Casey's signature was legislation to replace money formerly generated by the defunct axle tax on trucks by increasing annual registration fees for trucks and raising taxes on truck fuel The tax cuts are part of a com- promise Casey and House leaders forged with Senate Republicans who pushed hard for the reductions to speed approval of a new state budget for the fiscal year which began July 1 Lawmakers approved the record billion budget and Casey signed the document on July 3 restoring the state's ability to spend money The tax valued at between and million reduces the capital stock and franchise tax for businesses personal income tax for some poor people and taxes on ty bills for individuals and businesses The disparity in the figures comes from the difference between revenue projections for the fiscal year from the Revenue Department and Senate Republicans Obviously we're pleased the governor eventually was willing to join with us in reducing axes to im- prove Pennsylvania's economy and share a bit of the surplus with said Stephen MacNett chief counsel for Senate Republicans Casey also approved higher an- truck registration fees and a boost in taxes on truck fuel to make up for million from the axle tax struck down as by the U.S Supreme Court in June The new funding source allows the Pennsylvania Department of Transportation to continue its forts to maintain the safety for our Casey said adding the improvements were good for economic growth and development in the state Some million was ed to repair 100 bridges during the fiscal year including what the state was expected to get from the axle tax Before time ran out Monday Casey also signed a measure that allows to donate part or all of their state income tax refunds next spring to the U.S Olympic Committee Opponents of the measure fear the legislation will cut sharply into the to the Wild Resources Conservation Fund receives each year to study en- dangered species In the Mirror Accidents A6 Astrograph C2 Births B4 Lifestyle Cl Business B5 Classified Comics D5 Crime A6 Crossword C2 Dr Gott Movies B4 Obituaries B3 Opinion A4 Sports DM Stocks A2
