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Kokomo Tribune (Newspaper) - January 22, 1994, Kokomo, Indiana Wildkats stay unbeaten in NCC 11 Vol 143 No 139 TRIBUNE Saturday Jan 22 1994 50 cents Foster tells jury his view v Denies theft of grant money By MIKE PALUCK Tribune staff writer After four days of testimony from 17 witnesses and the submis sion of numerous pieces of evi dence the Howard County Prose cutors Office Friday rested its case in the trial of Larry M Foster The former director of vocation al and adult education at Koko moCenter School Corp took the stand in his own defense and said that he did not steal money from the corporation Although he admitted some mistakes in receiving money to which he was not entitled Foster said it wasnt intentional I do not want t6 jeopardize 38 years of he said Friday after noon Prosecutors maintain that Fos ter 500 S Road 2782 West misap propriated about in Job Training Partnership Act funds during the summer of 1992 He is charged with four counts of theft one count of aiding inducing or causing theft and one count of ghost employment all Class D felonies He is also charged with one Class A misdemeanor count of official misconduct y Moments after Prosecutor James D Andrews rested the states case defense attorney William E Beck II asked Special judge Douglas B Morton to dismiss V five tofrithe against his Client He said the state had not met the burden of proof that is required to send the cases to the jury After hearing a response from Deputy Prosecutor Ronald C Byal Morton denied the motion to dismiss and said sufficient evi dence had been presented to send all the counts to the sixmember jury That could happen Monday Morton said late TFriday as he recessed the trial for the weekend During questioning by Beck Foster related his former duties as he served as the corporations director of vocational and adult education and as he administered JTPA grant programs at Kokomo Centep1 for nine years During the course of the trial Andrews and Byal hWe presented evidence which they say showed that Foster had violated terms of a JTPA grant for summer 1992 Under questioning by Beck Fos ter said he had received ho direc tion from KokomOCenter officials or officials associated with the JTPA programs on matters deal ing with contracts record keep ing teacher contracts or supple mental cbntracts points which would later be by Andrews Late Friday Beck used the term employee at will to describe his clients role with the JTPA pro gram Beck has used the term at other stages of the trial He called in an attorney from Lebanon wKo testified that as an atwill Foster was not bound by the terms of the JTPA contract between the KokomoCenter School Corp and the North Gen tral Indiana Private Industry Council According to Kent Frandsen unless there was an agreement that obligated Foster to meet terms of the contract it was not enforceable against him Beck also raised questions about the differences between civil and criminal law Frandsen testified that if KokomoCenter wanted to recover funds spent in the JTPA program it could file a civil law suit or ask the Attorney Generals Office to collect the funds A State Board of Accounts audit of KokomoCenter focusing on 199192 determined Foster was overpaid The Attorney Generals Office is responsible for collecting that amount Later in Frartdsens testimony Andrews raised a hypothetical situation about evidence of embezzlement and breach of con tract Frandsen agreed that crimi nal and civil cases could be con ducted at the same time Prosecutors have alleged that under the terms of the summer 1992 JTPA grant Foster was required to spend one hour per day administering the grant and seven hours in the classroom Fri day Foster said the grants budget narrative contained no provision for him to teach in a classroom Later he said he did not consider it part of his responsibility to teach a class although he said he did spend portion of some days working with students in shop classes said he spent part of his day traveling between the Kokb mo High School downtown cam pus and the KHS south campus where JTPA classeswere cbnduct V According to Fosters testimony he never told schoolofficials that hetaught for seven hours in a classroom One of the Class D felony theft charges pending against Foster alleges he illegally received in pay for working in the JTPA while he was attending an educational conference in Atlanta During questioning from his attorney Foster confirmed that he did not do work related to the JTPA program on July but he did receive the pay According to Foster he received the money unintentionally He 1 also said he did not repay the funds on the advice of his attor ney He said Beck told him not to return until his crimi nal case was resolved During the trial testimony has been devoted to time sheets that were used by employees in the JTPA program Foster said the time sheets for the program were filled out by Susan Conner his sfprmer secre tary According to Foster Conner used the JTPA grantas an aid to fill piit the which were pre pared in advance of work per formed Oricethe time sheets were completedhe signed them Foster He alsotestified that Conner had no time sheet Other testimo ny during the trial indicated that Conner paid under the pro gram Foster is accused of authorizing Conner to take a twoweek vaca tion to which she was not Friday he testified that he did not authorize Conner to take a vaca tionHe said he told her Jhat if she did take a vacation it would not be paid She acknowledged mat anct that was the end of Fos ter said Inside todays Tribune Local le business g0od Qr bad when its freezing outpide Page 2 New regulations designed to prevent contemjna tion of seafood Page 9 Also inside Local news News of t Classified ads 1520 14 WWITH flMK Snow creations Michael Garbey shovels snow Friday at lunch time to make a snowman behind the United Presidential Life Insurance Co at One Presidential Parkway About 30 people built six snow men as part of a contest This week about 6 inches of snow fell in the Howard County area Tribune photo by Tim Bath Jury acquits Lorena Bobbitt Defendant will spend time in mental hospital for observation MANASSAS Va AP Lore na Bobbitt was acquitted by rea son of temporary insanity Friday for the irresistible impulse that compelled her to cut off her hus bands penis She was committed to a mental hospital for observa tion A supporter shrieked as the beginning of the verdict was read while Mrs Bobbitt stoically stood next to her attorneys The decision ended a twoweek trial that rivet ed television viewers who fol lowed every salacious detail of the Bobbitts sex lives as it unfolded in testimony on CNN and Court TV While the verdict was being read Mrs Bobbitt who said years of sexual and physical abuse drove her to mutilate her husband turned to one of her lawyers and asked Is that good This case was not about a said Lisa Kemler one of her lawyers Everyone was so consumed with that But thats not what this case is really about It was really about a life One of her closest friends read a message from Mrs Bobbitt direct ed at abused women She encourages you to reach out talk to sOmeone Janna Bisutti said She said Mrs Bobbitt also hoped Lorena Bobbitt to pursue the dream she had when she came to the United States in 1986 a good education marriage and family John Bobbitt who was acquitted of marital sexual assault for allegedly raping her shortly before she mutilated him checked out of his Manassas hotel Thurs day and was not at the Prince William County courthouse Hes not into dancing on said Paul Erickson Bob bitts media adviser Gregory Murphy Bobbitts criminal lawyer said Bobbitt watched the verdict on television with his family but would have no comment I would like someone to explain to his family how some one can do this and get away with Murphy said Why do they have to endure the last two weeks that left John out there defenseless and the prosecution taking the position that she was raped after he had been acquitted of that Judge Herman A Whisenant Jr placed Mrs Bobbitt in custody to undergo psychiatric evaluation to determine whether she poses a danger to herself or others as required by Virginia law Defense attorney James Lowe objected to the immediate custody order and asked the judge for a hearing on the issue But Whisenant said the law gave him no choice Defense lawyer Blair Howard called the verdict a great step for ward for Lorena in the healing The psychological observations will determine whether she needs treatment and the extent of that treatment I think she will be found not dangerous to herself and Lowe said Mrs Bobbitt was taken to Cen tral State Hospital in where she will be examined by state at least one out side expert They must report back to the judge within 45 days From the start I knew my daughter was innocent What happened was a moment of mad Mrs Bobbitts father Car los Gallo said from Venezuela Prosecutor Paul B Ebert told reporters after the verdict that he has a certain amount of sympa thy for Mrs Bobbitt but that does nt justify what she Hopefully if she needs help she will get Ebert said Ebert said he could not have pursued the case without calling Bobbitt 26 as a witness and he doubted that Bobbitts hesitant sometimes contradictory testimo ny during the trial hurt his case I cant manufacture testimony John Bobbitt is what he is and he Ebert said In his closing arguments Ebert agreed with the defense that Bob bitt forced sex on his wife the night she cut off his penis Powerball prize remains unclaimed The clock is ticking for the per son who bought a July 31 Power ball ticket Worth at Schulz IGA in Kokdmo If that person doesnt claim the prize by Thursday it will be too late and the money will revert back to the Hoosier Lottery Its very unusual that we have a prize this large go said lottery Executive Director John Dillon In the more then four years that the lottery has operated weve only had one other prize this large go The ticket containing five win ning numbers for the July 31 drawing 16 25 and 35 but not the Powerball 16 was pur chased at the store at 1303 E Mor gan St But in nearly six months nobpdy has returned the ticket to the lottery Under the lotterys rules win ners in any online games Lotto Powerball Daily 3 Daily 4 or Lucky 5 have 180 days from the date of the drawing to claim a prize The 180th day for the July 31st drawing is Thursday A win ner would have to claim the prize at lottery headquarters 201 S Capitol in Indianapolis Earlier this month a prize in Powerball did pass the deadline That ticket was sold in Westville LaPorte County for the July 3 drawing Weve had over 200 winners in Powerball and those are only two where the winners never came Dillon said Of course this winner still has a few days left but it doesnt look too Should the prize go unclaimed the money would revert to thelot terys unclaimed prize fund where by law it can only be used to fund other prizes The lottery has used that money for its Lotto Cash game and some instant games GM will recall new compact pickups DETROIT AP General Motors Corp is recalling new compact pickups that could explode in a sideimpact crash The company blamed the supplier of a fuel system part Friday tor a mixup that caused the danger GM learned of the safety defect earlier in its ChevroletSlO and CMC Sonoma trucks this month from the National Highway Transportation Safety Administra which performed a routine sidieimpact test on an SJO The agency said the fuel system survived the impact but leaked more fuel than allowable under federal standards when it rplled over leaking fuel can cause explosions and fire The problem was unrelated to charges that GMs older fullsize pickups are vulnerable to explo sions and fires in sideimpact col lisions NHTSA and GM traced the leak to a joint in the fuel system The problem had not occurred when GM had a prototype of the truck certified earlier Owners of the SlOs and Sonomas already sold are being notified of the recall by mail The other trucks are on dealer lots pr on their way to them Deal ers have been told not to sell them until they are fixed GM spokeswoman Linda Cook said the supplier which she refused to identify Tswitched the method of making the joints using silver solder instead of a slower brazing method Solder withstands less heat than brazing Cook said GM spokesman William ONeill said the supplier told GM the mixup occurred in a handoff of blueprints between its prototype and production engineers The recall of the trucks was unrelated to efforts to cut its supplier costs QNeillsaid GM has its crusade to save money has cut billion from its billion annual parts budget since the end of 1991 and it expects more savings this year We are confident it is not because of pricing but because pf a lack of Cook said ONeill said brazing is more expensive than soldering but the cost saving would be too small to make it a motive for changing the processes The supplier will be expected to reimburse GM for the cost of the recall Upon discovering the GM halted production of the trucks at plants in Shrevcport La and Linden NJv on Wednesday Production resumed Thursday with parts made using the brassing process GM also told dealers to stop delivering the trucks to cus tomers until repairs are made I
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