Friday, February 25, 1994

Kokomo Tribune

Location: Kokomo, Indiana

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Kokomo Tribune (Newspaper) - February 25, 1994, Kokomo, Indiana Vol 143 No 173 x i Kokomo Ind KOKOMO lTRIB UNE Friday Feb 25 1994 50 cents No appeal for Foster ByMIKEPALUCK Tribune staff writer The attorney for former Koko moCenter School Corp official Larry Foster said Thursday he does not believe he will file an appeal in Fosters case Jan 25 a jury found Foster guilty of six of the seven criminal Charges that accused him of mis appropriating school corporation funds during the summer of 1992 as he coordinated a Job Training Partnership Act grant program Wednesday Special Judge Dou glas B Morton suspended prison time for Foster but ordered him to begin serving 30 days of inhome detention on Monday Once he completes inhome detention Fos ter 60 will be on probation for two years and must perform 240 hours of community service The sentence also requires Foster to pay in restitution to KokomoCenter within one year Defense attorney William E Beck II said the only reason to appeal the jury verdict would be to argue to the appellate court that there was error at law or error in the evidence that would cause the Jury verdict to be set aside and therefore either reversed outright by the court The only possible I benefit that would be would be if they would set aside the verdict If the Department of Education moved to take his license that would mean he wouldnt have a felony conviction and he could keep that his m court Wednesday Foster said he believed he will lose his teach ing license On Thursday Beck said he had talked to Foster earlier and I dont think we plan to Beck sought judgment of Fos ters Glass D felony convictions as Class A misdemeanors The attor ney said he felt that in Fosters case given the fact that I still believe that he didnt do anything wrong and that hes not guilty I wanted the court to do that Judge Morton didnt do The attorney noted that with a few modifications Morton basi cally followed the presentence investigation submitted by Chief Adult Probation Officer Joanna Keller Morton reduced the num ber of hours of community service Keller recommended 837 and added 30 days of inhome detention which is kind of a trade off I Beck said Beck said he had expected and told the judge that based on the verdict he should order some type of restitution The amount to be paid back if any is at the judges discretion Beck said He decided that he wanted us to pay back not only what the jury found Foster had misappropriat ed but what resulted according to the jury from Fosters inade quate administration of the project As far as his reaction to the sen tence Beck said Im just glad Larry Foster was my client and Im glad for him that this entire ordeal is finally coming to an end and he can get on with his life and do whatever the probation depart ment asks of him and get back to work in other Beck said of he has maintained in court all along that he never did anything wrong and he never wavered from the first day I talked to him about it from Im honored to have had an opportunity to have represent him And Im glad that Judge Morton made the determination that incarcerating Larry Foster would not be of any benefit to Howard County Kokomo or Larry Departing for threepeat Three members of the Kokomo Lady Wildkats Shelley Stew Square Arena early this morning Kokomo opens the state art Stephanie Fischvogt and Kelly Mellinger wave goodbye finals against Anderson at 11 Saturday For more on the on their way to the girls state basketball tournament irtlhdi Lady Kats at state turn to Pages 14 and 15 anapolis Thursday The Lady Kats practiced at Market Tribune photo by Anne Farrar NRA takes aim at gun bill 5day waiting period for handgun purchases begins Monday PHOENIX AP The National Rifle Association is mounting a challenge to the Brady law hop ing to block enforcement of its waiting period for handgun pur chases Bob Corbin a former Arizona attorney general and president of the NRA said his group will file lawsuits in federal courts in two or more states contending the law violates states rights and is unconstitutionally vague Were getting calls from all over the country mostly from sheriffs who say it won t work and want to be he said The law is to take effect Mon day It requires a fiveday waiting period for handgun purchases During that time local law enforcement agencies are sup posed to check to be sure a gun buyer is an adult and doesaft hays a felony record or a drug alcohol or mental problem that woiald bar a purchase The law is named for former presidential press secretary James Brady who was wounded in the assassination attempt on Presi dent Reagan In Arizona there was consider able confusion over which law agencies will conduct the checks Lawsuits are planned in Tucson and in Montana Corbin said Lawsuits in other states may also be filed he said Corbin hoped to have the law suits filed within a week The law he said violates the 10th Amend ment which says rights that arent expressly given to the federal gov ernment are left to the states I dont believe the federal gov ernment has the constitutional authority to draft such a bill and force it on the Corbin said Gov Fife Symington who is planning states rights challenges to the federal government on land use and other policies said he would back a states rights chal lenge by the NRA The precedent is a very dan gerous the Republican gov ernor said It needs to be chal lenged in court However we can help were going to Symington aide Joe Albo said the governor plans to ask Attor ney General Grant Woods whether the state could file a law suit in its own right or pursue any other role in challenging the law Such action would be indepen dent of the NRA suits Albo said Draper Bird betting on a will of will don a Kokomo uniform and wash Birds car on the squire in t Anderson onl roblem jJk is nteet a Market Square the square intlptown If the of and Anderson wjns Draeger Inside todays Tribune Local Superintendent search at Western down to finalists Page 3 Stylo Women should examine roles Page 9 Sports Damon Bailey helps keep Indi ana University in the Ten title chase Page 12 Also inside Business Classified Dear Local News of Gunman kills 50 HEBRON Occupied West Bank AP An American immigrant armed with an automatic rifle fired on hundreds of Muslim wor shipers as they knelt in prayer at a mosque today killing at least 50 Palestinians and wounding 170 reports said The gunman then shot and killed himself The massacre believed to be the bloodiest since Israel seized the occupied territories in the 1967 Mideast war set off ripting across ttjhe occupied Strip in which seven Palestinians were killed and scores wounded Arab hospital officials said PLO Chairman Yasser Arafat blamed the Israeli army for not protecting the worshipers and said the massacre would set back the Middle East peace process Effy Arditi a police spokesman in the West Bank identified the gunman as Dr Baruch Goldstein 38 a physician from the Kiryat Arba settlement who moved to Israel 11 years ago Settler leaders said Goldstein was from Brooklyn and was a major jnIsraels army reserves was a supporter of the Kach movement founded by Rabbi Meir Kahane Here comes snow again Two to five inches of snow was expected to blanket Kokomo today much to weatherweary Kokomo residents dismay Local weather observer Robert Wise said a lowpressure system in Joplin was expected to send the snow into Kokomo with higher accumulations occurring in northern Indiana Wise said winds this afternoon could be at 15 to 35 mph and gust ing Todays high temperature will get up to 30 degrees Wise said Snow will change to flurries by this evening and winds out of the northwest will diminish to 10 to 20 mph x Saturday morning will be cold with clear skies and highs near 20 degrees By the afternoon clouds will roll in and remain through the night Temperatures will plummet to 12 degrees Some light snow is expected Sunday which will see warmer temperatures near 30 degrees Senator in low spirits They dont give a damn INDIANAPOLIS AP Its deja vu once again for Sen Thomas Wyss and his fight to pass a statewide ban on open alcoholic beverages in motor vehicles After another session of com mittee hearings and news con ferences with testimony from families and friends of drunk en driving victims Wyss says hes given up hope that a meaningful open container bill will become law this year If I said I was disappointed or disgusted it would be the understatement of the Wyss said Thursday The Fort Wayne Republican choking back tears lashed out at House Democrats for what he called playing games with the issue and blocking the legislation for the fifth consec utive year on behalf of lobbies It doesnt matter what the polls say it doesnt matter what the people say and it doesnt matter what all of the families of these drunken dri ving victims have to say They dont give a For the past several years Wyss has been pushing for a law that would impose a ban on having open alcoholic bev erages in the passenger com partments of motor vehicles Indiana is only one of a few states that has no such ban although more than 40 com munities here have passed local open container ordi nances Wyss says a statewide ban would save lives by send ing a message that drinking and driving wont be tolerated Loudsnorer into court Neighbpr cpms womans snores are keeping him awake DAVIS Calif AP Agoman who snored so loudly that her couldnt sleep has been hauled into court for violating the citys noise ordinance r Sari Zayed a 30yearold mother of two pleaded innocent Wednesday but must return to court March 25 She faces a fine if con victed Her neighbor Chris Doherty complained that he lost sleep becauselhe could hear the womans snoring through their common bed room wall in the duplex Now Mrs Zayed says shes the one who cant sleep You kind of wonder whats going to hap pen said Mrs Zayed who has hired a lawyer and is considering a lawsuit of her own Am I going to snore Is my husband going to snore Is this man going to come through the wall Doherty had complained to her three times before calling police She tried to stop even tried putting a mattress against the wall to muffle the sound An officer investigated on Jan 31 and rec ommended mediation But Doherty was fed up He demanded that she be woken up and cited The ordinance prohibits people from willful ly making any noise which causes discomfort or annoyance to any reasonable person of norv mal The Davis City Council decided Wednesday that snoring is not a willful violation But the district attorneys office must decide whether to prosecute Once a citation is issued the council cannot simply dismiss it Mayor Lois Wolk said the incident should never have gone this far The ordinance says willfully thats the key said Wolk This person should never have been to