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Alton Telegraph (Newspaper) - January 25, 1984, Alton, Illinois Prosecution asks to have Susan Davidson jailed By TERRY HILLIG Telegraph Staff Writer Prosecutors will ask a judge today to revoke the bond of murder defendant Susan E. Davidson, claiming she has moved outside the court’s jurisdiction to live with a convicted felon — her alleged co-conspirator in the slaying of hef husband. A bond revocation motion filed Tuesday was to be heard at 1:30 p.m. today by Associate Judge Charles V. Romani Jr. Mrs. Davidson, 39, is free on a bond of $5,000 cash plus $300,000 recognizance. She is charged with murder, conspiracy to commit murder and solicitation to commit murder. The revocation motion alleges Mrs. Davidson has moved outside the court’s jurisdiction, is consorting with a convicted felon and has violated Illinois law while free on bond. Assistant Attorney General Mark L. Rotert said he be lieves Mrs. Davidson and her 15-year-old daughter are living in Missouri with William A. Gill, convicted in 1980 of voluntary manslaughter in the death of Stephen Davidson, 34, who was shot and beaten in the basement of his Godfrey home on Oct. 31,1979. Gill served about 32 months of a seven-year prison sentence. Gill testified during his trial that he and Mrs. Davidson were having an affair. He said Davidson’s death was accidental and occurred while the two were fighting. Gill said he had gone to the home to ask Davidson to agree to divorce his wife. She was not at home at the time. Prosecutors hope to link Mrs. Davidson to a plan to kill her husband. Rotert said he believes Mrs. Davidson illegally used an assumed name to visit Gill while he was in prison. In another development Tuesday, the Fifth District Ap pellate Court in Mount Vernon gave defense attorneys five days to respond to a prosecution motion seeking dismissal of the defense’s appeal of a pre-trial ruling. Mrs. Davidson’s attorneys, Donald E. Groshong and G. Edward Moorman, last week filed a notice of appeal of Romani’s denial of their motion to dismiss the case on double jeopardy grounds — being tried twice for the same offense An earlier trial of Mrs. Davidson, in 1982, was halted and declared a mistrial to allow the prosecution to appeal evidence rulings by Circuit Judge William E. Johnson. Romani agreed with the prosecution position that the appellate court has already decided the double jeopardy question, but said the question is out of his jurisdiction because an Illinois Supreme Court rule provides for automatic appeal of double jeopardy issues. Rotert said he thought the appellate court might rule on the matter Tuesday, because it had already decided the issue. However, the court will follow its customary procedure of allowing the opposing side five days to respond, he said. Trial of Mrs. Davidson was to have begun with jury selection Monday, but was delayed by the defense appeal. It now appears the trial could begin no earlier than the middle of next week The trial could be delayed a year or more, if the Appellate Court decides it should consider the merits of the defense motion Rotert. Marcia Friedl and Anthony Ficarelli, all of the attorney general s staff, are prosecuting Mrs Davidson because Madison County State’s Attorney Don W Weber was involved in the preparation of Mrs Davidson’s defense prior to his election as state’s attorney. Alton Telegraph Serving Madison, Jersey, Macoupin, Greene and Calhoun Counties Vol. IO No. « Est. Jan. IS. 113* ☆ ☆ ☆ Wad., Jan. 23. IEM, Alton, III. * Section! >4 Pogoi Single Copy Mf Thompson will not seek an extension of tax increase... iNsidc By DENNIS MCMURRAY Telegraph Capital Bureau SPRINGFIELD — Gov. James Thompson today said he is opposed to extending the increase in the state income tax passed last year and it should revert back to 2.5 percent on individuals and 4 percent on corporations on July I. Illinois wage earners will be getting a little more take-home pay at mid-year while state services will not have to be cut either and may actually expand, the governor said. Thompson, who had unsuccessfully campaigned last year for a permanent income tax increase, said he will propose a budget next month with increases for such areas as education and corrections without the need for continuing the higher state income tax. The added income tax is expected to yield $800 million this fiscal year, which ends June 30. The governor’s statements were a complete turnaround from his position last spring when he had called for a permanent income tax hike and warned of substantial cuts in state programs if it weren’t passed. The Illinois General Assembly instead last June approved an increase in the individual state income tax from 2.5 percent to 3 percent retroactive back to Jan. 1,1983 through June 30,1984. The effective rate on taxpayers was about 3.6 percent from August (when withholding began to be re flected in most workers’ paychecks) through the end of last December because of the retroactive provision. Most taxpayers should have less withheld starting with pay periods this month, reflecting a flat three percent. The corporate state income tax rate was raised for the same period from the previous 4 percent to 4.8 percent, with an estimated revenue yield of $1 IO million. The governor said it was his “duty” not to support an “unnecessary” extension of the higher tax and “without my support it won’t pass. ” Thompson also said no other state tax increases would be required either this year. Although he refused to disclose specific budget figures, which he will propose in March, the governor said the “economic upturn”, the impact of an additional (permanent) one percent added to the state sales tax effective Jan. I and the low rate of inflation would allow budget increases. “We are in a position now to offer prospects to important areas of state services over the next two or three years," Thompson said. He also indicated no state agencies would have any proposed budget cuts this year. Last March, Thompson unveiled what was dubbed a "doomsday” budget, proposing massive cuts in state services, particularly to education and in state revenue sharing to local governments. At that time, the governor was advocating a permanent state income tax hike with a new rate of 4 percent on individuals and 5.6 percent on corporations. Thompson last spring had also vigorously argued against just a “temporary” income tax hike’ or “surtax.” In a “ten question” format on his tax hike proposal then which he delivered all over the state, the governor repeatedly had said a temporary tax would be short-sighted because “if the state is to have permanent increases in education, corrections or law enforcement” it needs permanent new financing. Today the governor said “with hindsight” he believed his critics last year who had said only a temporary one-year income tax hike was needed to resolve state government’s financial problems “were right.” Thompson added if the revenue projections by his Bureau of the Budget had not been as optimistic as they are now, he might have been looking at extending the current higher income tax levels. He also said the legislature was “reflecting the mood of the people” when it rejected a permanent income tax hike last year. The governor also said the fact this is an election year “had no bearing” on his decision. .. .legislators lined up against it Telegraph Capital Bureau SPRINGFIELD - Telegraph legislators today said an extension of the higher state income tax , which Gov. Thompson announced he would not support, probably wouldn’t pass anyway. None of the four area House members or two senators indicated they were willing to vote for an extension at this time, although two did not flatly rule out such a possibly. Rep. Jim McPike, D-Alton, the House Majority Leader, said he was waiting to see more economic forecasts and reve nue figures before taking a position on extending the higher state income tax. “I want to see education is properly funded but I would have no problem with freezing the budgets for other state agencies or even a one percent cut,” McPike said. The governor announced today he will propose a budget in March with adequate funding for education and other state government services without extending the higher income tax. McPike said he didn’t think extension would pass the General Assembly this year, anyway. He noted both Senate President Philip Rock, D-Oak Park, and Senate Minority Leader James “Pate” Philip, R-EImhurst, have said they oppose an extension and House Republican leader Rep. Lee Daniels, R-Elmhurst “had a pretty strong feeling last year it (the higher tax) was for one year only.” Sen. Vince Demuzio, D-Carlinville, said “With an election this year I don’t think it would be possible to extend.” Corps says it lost round in Grafton fleeting case By JIM KULP Telegraph Features Editor A letter from a senior official of the Army Corps of Engineers says a permit for a barge fleeting facility at Grafton-has been reversed in federal court in Alton. The court, however, says no official ruling has been made. Meanwhile, corps files also show a threat by the U.S. Fish and Wildlife Service against a second barge fleeting application filed by National Marine Service. That application is for a facility between Mason Island and Island No. 526 between the Mississippi and Illinois rivers. According to the letter, dated Dec. 27, from Col. Gary D. Beech, St. Louis district engineer, U.S. District Judge William Beatty has ruled against the corps in a lawsuit filed against the National Marine Service facility. In the letter, Beech told Loren Barber, assistant to Illinois Sen. Alan Dixon: “Just a few days ago. the judge ruled against the corps. An appeal from this decision is being considered. ” However, Beatty said today he would have no comment on the letter. “The matter is under advisement. We have not officially ruled on the matter yet,” he said. In Springfield, Assistant Attorney General James Morgan would say only that a draft order in the barge fleeting case before Beatty is being prepared by his office, and probably would be filed “after the end of the month.” He would not reveal the contents until the judge had approved it. The lawsuit was filed by the River Road Alliance. The suit was joined later by Attorney General Neil F. Hartigan. The suit seeks an injunction against the facility based on environmental, aesthetic and other reasons. On the new permit, James C. Grit-man, acting regional director of the wildlife service in Twin Cities. Minnesota, recommended the corps deny the permit. “If you decide to issue the permit,” Gritman told Beech in a letter. “we will seek elevation of this case for higher level review. ” That would mean the decision on whether to grant the permit would not rest with the corp’s St. Louis district, but would go to higher federal agencies in Washington. Under an agreement between the Army and the Department of the Interior, the issue woujd be decided by Undersecretary of the Interior for Fish, Wildlife and Parks Ray Arnett and Undersecretary of the Army for Civil Works William Gianelli. Gritman’s request that the corps deny the new permit application was based on a recommendation from Joseph Janecek, assistant field supervisor for the Fish and Wildlife Service in Marion, 111. According to Janacek’s report in the corps files, the proposed new barge fleeting facility would be located in a habitat area for large numbers of migratory waterfowl. Janacek said an aerial census taken by the Illinois Natural History Survey on Nov. 8 of last year, showed an estimated 35,105 waterfowl at the site. They included 27,730 mallards. Janacek pointed out mallards, along with black ducks, redhead ducks, canvasbacks, snow geese, Canada geese and bald eagles — all of which use the area — are considered “National Species of Special Emphasis” by the wildlife service. That designation means, he said, that these species are under a high priority of conservation. Also noted in the area by the Nov. 8 cens us were six bald eagles, 70 double crested cormorants (an endangered species) and 3,190 coots. Barge fleeting, Janacek said, would destroy the site as a habitat for all these species. He also added that on the date the census was taken, the migratory waterfowl had not even reached their peak. “To be honest, we don’t have enough votes to pass the extension of the income tax on our side, ” Demuz io added The assistant senate majority leader said he would not support an extension and said, “ifs something he (the governor) will not ask for or get. ” Sen. Sam Vadalabene, D-Edwards-ville, called the governor’s position “a very good move" and added: "It seems to me the Bureau of the Budget knows we have sufficient funds coming in.” Rep. Gary Hannig, D-Mount Olive, was also pleased with the governor’s decision saying “it would have been unfair and somewhat of a dishonesty to the taxpayers if we had extended the income tax (hike).” Hannig, unlike Vadalabene, Demuzio, McPike and Rep. Sam Wolf, voted against the one-year tax hike last June. Wolf, D-Granite City, also said he hoped an extension of the income tax hike was not needed and also doubted whether it would pass the General Assembly. Wolf indicated, though, he was skeptical of the optimistic revenue expectations indicated by the governor. Rep. Tom Ryder, R-Jerseyville, said he had an ‘ ‘open mind ” on extending the present state income tax rates. “It seems irresponsible to say under any circumstance I would oppose it. I would like to see more aid to education and property tax relief for example,” Ryder added, although he said he hoped revenues would be sufficient without continuing the higher rate. Features INTENT ON WRESTLING — Photographer Russ Smith looks at the action in Tuesday night's Civic Memoriol-Roxana wrestling meet and SPORTS offers details of the match..................................A-3, C-l The AREA SCHOOL BOARD appears determined to vacate its administrative offices and warehouse at 1854 E. Broadway.............................B-6 GREENFIELD BANK makes loans for weatherization................C-4 tNe would GERMAN leader receives mixed welcome in Jerusalem A-7 tIie state ELECTRONIC MARKETING of sheep off to good start................B-8 Editorial....................................A-4 Good day for Wood River. Op Ed........................................A 5 Russians would relish Reagan s defeat at polls. Weatherization...........................A-2 Hearing held. Sports .......................................C-l Marquette, Staunton among prep cage winners. Family.....................................A-IO Third in a series explains breast cancer. and why its treatment is still controversial. Business....................................A-9 Money.......................................B-5 Weather Sunny and mild Thursday Amusements..............................C 4 Television..............................Ct 2 Fun Page............................... B-4 Food .........................................B l Obituaries .................................C-6 Classified...................................C-6 Stocks.......................................C-5 Plans to include ASB members in contract negotiations snagged UE will seek rate hike ST. LOUIS (AP) - Union Electric Co., which serves 986,000 customers, said today it will seek permission to phase in over five years a $690 million rate increase for operation of its Callaway County nuclear plant. Permission for the phase-in plan will be sought next month from the Missouri Public Service Commission, executive vice president Stewart S. Smith Jr. said. Under the phase-in plan, a 25 percent increase would be sought the first year and in creases of 8 percent each of the succeeding four years. * Smith said the phase-in plan was devised as a means to “significantly lessen the impact of higher ratefc for its customers, including 899,000 in Missouri. A similar phase-in plan proposal will be filed next month which would apply to 65,000 customers in Illinois, the utility said. Not yet scheduled is a rate increase application to be filed later for 22,000 customers in Iowa. Smith said the increase to cover costs of the Callaway plant operation is being sought next month because UE expects the PSC to take the full ll months it is allowed for consideration of the application. Construction on the $2.85 billion nuclear power plant began in the mid 1970s. It is scheduled for a startup in late 1984 or early 1985. Even with the higher rates, customers of the utility would be paying lower rates than the national average, Smith said. ■"ir 1 Plans to include members of the Alton School Board (ASB) in contract negotiations this year with the Alton Education Association (AEA) hit a contractual snag Tuesday. School Board President David Thies said the board is attempting to work out a compromise with the AEA to include school board members in contract talks. The negotiating teams are defined in the existing contract. The contract states the board may select only, fulltime administrators to represent the board in contract talks Non-employees, such as board members or professional negotiators from outside the district. are precluded from participating in the talks. Likewise, the AEA may select only full-time members of its association for its negotiating team. However, Thies said the board now wants a direct role in negotiations and is seeking approval or compromise with the AEA to include board members on the board’s negotiating team This was a major issue last year when the AEA struck the district. Then, the AEA wanted direct talks with the board. Thies did not specify how many or which board members would be ap- pointed to the team if a compromise is achieved. It is expected Thies would be one of board members to serve on the team since he became involved in talks last year which led to the end of the strike Thies is a member of the Roxana Education Association and the Illinois Education Association of which the AEA is an affiliate. However, his participation in contract talks would not violate the statutory limitations regardingcon-fllcts of interest, according to legal rep resentatives of the Illinois State Board of Education and the Illinois Attorney Reagan will address nation tonight WASHINGTON (AP) - President Reagan, using his State of the Union speech tonight to raise the curtain on an anticipated re-election campaign, will tell the nation it has moved “from the problems of the ’70s to the solutions of the ’80s.” a senior White House official says. the president will use the address to endorse a manned space station and budget reform proposals, the official said All but the finishing touches were completed on the speech the president General Two other board members, Shirley Mondy and Gaye Young are spouses of AEA members and presumably would not participate in the contract talks. Other board members available for the negotiating team would be E. M Irvin, Bonnie Norman, Joyce Robinson and Verna Lewis Mrs Lewis is a retired district clerical employee and former member of the union represent ing the school service Staff which is now merged with the AEA -DAVE MILES ' Related news, Page B-6 will give from the well of the House of Representatives at 8 p m Telegraph area time before an audience of sena tors, members of the House, the Cabi net and diplomatic corps, as well as a nationwide television and radio aud! ence The president’s aides view the ad dress as a key political document and one of the first salvos he will fire in the 1984 presidential campaign. It precedes by four days the five-minute speech he will deliver from the Oval Office Sunday night disclosing his political plans
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