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Kokomo Tribune: Thursday, April 14, 1994 - Page 1

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   Kokomo Tribune (Newspaper) - April 14, 1994, Kokomo, Indiana                                Vol 143 No 221 Kokomo Ind KOKOMO lTRIBUNE Thursday April 50 cents F15s down helicopters UH60 Blackhawk Rights vio ated NAACP claims By CATHARINE FERNANDO Tribune staff writer The president of the NAACPs Kokomo chapter has called on the Federal Bureau of Investigation to look into what he believes are civil rights violations at the Howard County Criminal Justice Center On Wednesday Ray Pouncy announced at a public forum for primary candidates that he had initiated the request to the FBI Pouncy is running for the Democ ratic nomination for Howard County recorder Since last August Pouncy said he had been receiving calls from jail inmates complaining of unequal treatment of black and white prisoners At first I just brushed it off as Pouncy said then more and more calls began com ing in and I decided to look into it I think enough is Basically the FBI will be looking into violations of the civil rights of inmates as well as the jailers Pouncy said There have also been so many instances of jailers getting Pouncy said As for inmates just on Sunday a black inmate who asked for a minister to come in was denied his request and put in lockdown Pouncy said A lockdown is when an inmate is placed in soli tary confinement for 23 hours and may remain there for up to 72 hours explained Howard County Sheriff John D Beatty Beatty said First 1 support my officers in what they do I wel come an FBI investigation Ray Pouncy is not the only one who has the right to call the FBI Any individual can ask for an investi Beatty said Pouncy said the treatment of prisoners left much to be desired In one of the calls 1 received the prisoner was handcuffed shackled and after spraying mace on him they dragged him across the Pouncy said It is not only the sheriff depart ment that is at fault Pouncy said The others who contribute to the problem are Howard County Prosecutor James Andrews Public Defender Steven K Raquet and Howard Circuit Judge R Alan Brubaker Pouncy said There also appears to be a dis parity in how jail bonds are set Pouncy said If the bonds are set equally for blacks and whites I caii understand Pouncy said Theres a lot of stuff Raquet should be looking He cited the case of Troy Moore who was given a bond Moore was charged with nine felony counts four of which were for criminal deviant conduct four counts of criminal confinement and a count of aggravated battery Responding to that case Raquet agreed that the bond is high We had a bond reduction hearing and it was reduced but not substan tially We put on evidence we called his father as a witness and I did the best I Raquet added that although that bond was high it was the norm for Howard Circuit Court The bond was reduced from to 1 dont set bonds the judge does Raquet said According to his staff Brubaker is out of town until Friday The FBI will meet with Pouncy at 9 Tuesday in Kokomo Friendly fire hits aircraft WASHINGTON AP American F15 fighter jets enforcing the no fly zone over northern Iraq accidentally shot down two Army helicopters today killing more than 20 people President Clinton expressed terrible sorrow for the tragedy and pledged a thorough investigation Clinton said the Pentagon was trying to determine why the jets or American AWACs reconnaissance planes did not detect that the helicopters were American Another question he said was whether the helicopters followed proper procedures in flying in the restricted areas Clinton said there were approximately 12 American crew members on the two heli copters and more than 20 total passen gers including crew but that he did not have a roster Some were from other coun tries he said The United States partners in the mission to protect Iraqi Kurds are Britain France and Turkey Those who died today were part of that mission of mercy to protect Kurds from Iraqi government oppression Clinton said They lost their lives while trying to save the lives of others The important work they were doing must and will Clinton said he had only sketchy details of the incident and said Defense Secretary William Perry and Gen John Shalikashvili chairman of the Joint Chiefs of Staff were leading the investigation The Pentagon said the two F15 pilots mistook the two Blackhawk helicopters for Iraqi Hind choppers It was not immediately clear if the fighter jets tried to Communicate with the helicopters before firing on them A statement by the military com mand in Europe made no mention of who was aboard trie helicopters But a State Department official speaking on condition of anonymity said high level people were aboard the helicopters but did not further identify them The incident occurred approximately 35 miles north of Irbil and that the chop pers had been mistakenly identified as Iraqi aircraft operating in the nofly exclusion zone search and rescue teams have been deployed to the site of the downed heli the rrlilitary statement said The incident occurred at EDT the statement said American and other allied warplanes have been patrolling the nofly zone over northern Iraq since shortly after the end of the 1991 Persian Gulf War Allied planes have been enforcing a similar air umbrella over southern Iraq south of the 32nd paral lel to protect Shiite Muslims since August 1992 The nofly zones authorized by Security Council resolutions demanding an to Iraqi repression of civilians are aimed at stopping Iraqi air attacks on rebel groups For the birds Three hungry birds wait for their supper in a hanging flower pot on the front porch of the Howard County Museum in Kokomo Wednesday Assistant Curator Tom Tolen said museum staff are guessing the birds there are four in the nest are wrens Morgan Thompson a museum volunteer found the eggs while cleaning out the flower baskets prior to planting geraniums The eggs hatched Monday and the museum plans to letthe birds stay until they are ready to fly on their own Tribune photo by Brian Reynolds Are they blowing smoke Tobacco industry on the hot seat WASHINGTON AP Con gress wants to know Are cigarette companies telling the truth about nicotine In 1981 a company executive wrote that the industry specially blends tobacco to maintain high nicotine levels but a lawmaker says the executive told Congress last month that companies dont The executive denied he had contradicted himself Wednesdays accusation by Rep Henry Waxman chairman of the House Energy and Commerce health subcom mittee was the latest in the debate over whether companies hook smokers At a hearing today by Wax Irians chief executives of the nations biggest tobacco com panies faced industry documents 1980s show1 they knew nicotine was addictive and worked to manipulate it but they now claim the opposite Thats key to a decision by the Food and Drug Administration on whether to regulate cigarettes If the FDA determines that companies do manipulate nico tine it could label the chemical a drug and bring tobacco products under the agencys control KT seeks copy of tort claim notice The Kokomo Tribune has filed a formal writ ten request under the Indiana Public Records Act to obtain a copy of a tort claim notice filed with Northern School Corp The tort claim was filed last month by Koko mo attorney Mark McCann who represents parents of two Northern School Corp girls who have alleged teacher and coach Don Gar ner made sexual A tort claim is the first step in civil litigation If civil litigation is filed the parents would seek compensation for alleged damages their children suffered because of the alleged advances Last week Northern Superintendent Harry Day and his attorney refused to allow a Koko mo Tribune reporter to see or copy the tort claim The school corporation has argued that the tort claim is now a part of the students per sonnel files which are private under federal education privacy statutes The Tribune after conferring with its attor ney Michael Cord and Hoosier State Press Association general counsel Richard Cardwell contends the document is a public record and therefore the newspaper should be allowed to view andor copy it If the Tribunes formal written request is denied the newspaper has the option of filing a request for a hearing in Tipton Circuit Court seeking an order compelling Northern to allow the Tribune to inspect and copy the tort claim The law allows that the newspaper need not allege or prove any special damage different from that suffered by the public at large The act also says if a record contains disclos able and nondisclosable information the pub lic agency shall separate the material that may be disclosed and make it available for inspec tion and copying March 28 Day read aloud a written response to the tort claim to school board members In that letter Day said the facts as alleged did not occur the claim was not timely filed as required pursuant to Indiana The case began in December 1993 when four female seventhgrade students alleged Garner a TriCentral Elementary School teacher had inappropriate contact with them according to the Indiana State Police A Tipton Circuit Court grand jury did not return an indictment against Garner when it convened in February However at a special meeting Feb 9 school board members approved a resolution to subpoena the Indiana State Police records in the Garner case to deter mine if any disciplinary actions were neces sary After Day and his attorney reviewed the records on March 28 the board recommended suspending Garner for 10 days without pay beginning March 21 Gamer was also ordered to have at least 14 hours of counseling by Jan 1 1995 on the risks and consequences for teachers students and the school community arising from sexual harassment and other unwelcome contacts and communication in the teacherstudent rela Inside todays Tribune Local Democratic primary candi dates give their views at Indiana University Kokomo Pigs Style Music Man comes to East em Page 7 Sports Pacers continue march to play offs Page 15 Also inside Business Classified ads 2227 Comics 28 Dear Abby 26 Dr Gptt 27 Entertainment 1011 24 1518 21 Style 79 Little Olivia beats the odds to survive EVANSVILLE Ind AP Doctors gave Olivia Elizabeth Kerwin less than a 1 percent chance to survive when they decided to take her from hej Anothers womb Five months later shes beaten the odds more than quadrupled her birth weight and nas finally gone home Olivia who weighed 1 pound and onethird of an ounce when she was born is the smallest baby to survive in the 20year history of Welborn Baptist Hospitals neona tal intensivecare unit When a newborn is that small the mother doesnt get to hold it Youre not handed a baby youre just looking at it all hooked up to Sheena Kerwin said You feel dread and fear And you think What have I done You blame Olivia weighed 4 pounds 13 ounces on Wednesday her last day at the hospital She was dwarfed in the arms of her 6foot 2inch father Steve Kerwin fSHj appears to be very healthy R Meibalane her difficult to tell but itlookslike shell develop PartTime m Striking message Striking Teamsters union truck drivers rally at the Statehouse in Columbus Ohio Wednesday Hun dreds of Teamsters gath ered at the Statehouse to drum up political and public support for their weekold nationwide strike against trucking companies AP photo   

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