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Kokomo Tribune (Newspaper) - May 10, 1994, Kokomo, Indiana Vol 143 No 247 Kokbmo Ind TRIBUNE Tuesday May 50 cents Fourthplace finisher files over election By TRISHA TURNER Tribune staff writer The man who placed fourth in a race for three KokomoCenter School Board seats last Week has filed a petition in court to contest the results of the election Napoleon Leal Jr filed the docu ment in Howard Circuit Court Monday In it Leal and attorney Rodney V Shrock contend that the candidate who placed third in the May 3 election Paul William Barrett did not meet residency requirements to run for the board did not comply with the statutory requirement that he be a resident of the district one year prior to the date of the elec the petition reads In April the Howard County Election Board ruled that Barrett state residency statute for candidacy when that decision was reached it was too late to remove Barretts name from the KokomoCenter School Board ballot Barrett who has lived in Kokomo since October received votes to place third and qualify for one of three board seats up for election Leal said fibday he decided to contest the election results because thestatute is clear that Barrett is not eligible to He said he could not predict whether a judge would disqualify Barrett but that Im willing to take that Barrett said last week he would take the seat if allowed to do so but he could not be reached for reaction to Leals petition this morning State statute mandates that a hearing be set on the petition no later than 10 days after the May 27 date all candidates in the Koko moCenter School Board election are required to respond to the petition in court said Howard Circuit Court Judge R Alan Brubaker Brubaker said he plans to remove himself from the case today because Leals wife Ann Leal works in the Circuit Court office He will likely give the can didates in the KokomoCenter School Board race the chance to select another judge in the case if no such action is taken by those parties Brubaker said he will leave me decision to the Indiana Supreme Court The three candidates elected in this years KokomoCenter School Board election are due to take their seats July 1 Brubaker said he believes it is very likely the issue will be resolved by that date Set in concrete Greg Taylor a Northwestern High School junior carries a boardwhich will be part of a form for a concrete sidewalk next to the Kokomo Area Career Center Building Trades class home on 480 West just south of Ind 22 This Is the 15th year students have built a house as part of the program Target date for completion is May 25 The house is being built by Gary Kibbeys class Tribune photo by Brian Reynolds Communications gap causes delay i V J J Hiekmto trial May 20 fSS t ByMIKElACUCK Tribune staff writer r Was the Howard CountydSheriff Depart ment notified or was it a Kokomo man was supposed to be in Circuit Court Monday for the start of his jury trial For whatever D Hickman who has been months didnt appear in trial on rob bery and burglaryfelatedchSrges was con tinued to While Judge R Alan Brubaker and Sheriff John D Beatty agree there is a communica tion problem between their offices they have different opinions as to why Hickman wasnt in court Beatty said There has not been commu nication from his people Hes apparently choosing to believe his employee and Im choosing to believe my employee We were riot notified of this But Brubaker maintains that a member of his staff called officials at the Howard County Criminal Justice Center on Friday and told them Hickman was to be in court at 9 Monday for the start of his trial Beatty and Brubaker both agree that Hickman was to appear in court m civilian clothes for his trial not the jail uniform prisoners typically wear for routine court appearances According to Brubaker his office received a call from the jail about and his staff was infprmed that Hickmans civilian clothes couldnt be located Brubaker said he left the bench and told Beatty that he needed Hickman in court In a later telephone call Brubaker said his staff was informed that jaij personnel had not been notified of Hickmans trial The judge said that was surprising because Hickmans trial had been set for Brubaker said approximately 50 prospec tive jurors were ordered to report to his court by 9 and had to wait as attempts were made to get Hickman into the court room He said as time went on and it appeared that the defendant was not going to appear he released the jurors That occurred around the judge said Without Hickman he had no reason to keep the prospective jurors who will be paid each for their appearance About 11 Brubaker said his security officer went to the downstairs lockup of the courthouse to get two other prisoners and Hickman was there dressed in his jail uni form head jailer says that we were never notified and when we were notified we were notified 20 minutes late and we immediately tried to get him some clothes so we could get him up there and in the meantime the sends the jury home Beatty saia Monday Beatty said Hickmans clothes were locat was very short notice and like I said our people were not notified and it seems to be the case many times that we dont get the paperwork from the judges and that was one of the things I told him Brubaker Monday that 1 do want I want to start getting notified ahead of like it in writing so that we wont have this problem any he asked Beatty what he wanted me to do so we cOuld avoid this problem and I really didnt get an answer so I said Well cover it by some sort of doc umentation so we wont have this problem in the According to the judge Beatty said That will be From now on after a tele phone call written notice in the form of an order or FAX as to who is to be in court will be sent to the jail The judge said in his nine years on the bench he has never had serious problems getting prisoners to court But he said prob lems nave increased since the new jail opened I tried to keep quiet and tried to work around Brubaker said He referred to Mondays problem in having Hickman brought to court as the most bla tant he has encountered Processing begins for 150 Palestinian police RAFAH Gaza Strip AP About 150 Palestinian police officers drove into the Gaza Strip border checkpoint controlled by Israel today and Palestinians cheered when they saw the first jeep witha Palestinian After three days of delays the contingent led by highranking PLO officers left their temporary camp of orange tents at midafternoon and passed through Egypts border control station 50 minutes later This is a historic day for the Palestinian people because this will be the first day on the road to the independence of the Pales tinian said the Palestinian police commander Maj Gen Nasr Yousef who was in the convoys lead jeep We hope to have good relations with all our Yousef said as he was greeted by Israeli Brig Gen Yom Tov Samia the official in charge of getting the Palestinian police into place Yousef was accompanied by Marwart Kanafani a spokesman for PLO chief Yass er Arafat The contingent arrived in buses and jeeps Samia said he hoped the two sides could smoothly implement the agreement on self rule signed in Cairo Egypt last week by Israeli Prime Minister Yitzhak Rabin and Arafat It calls for Palestinian police to handle security in the Gaza Strip and West Bank town of Jericho On the Gaza side of the border Palestini ans ran back from the crossing shouting theyre here Inside today Local Kokomo will have more shade this summer after the Kokomo Parks Department finishes up a treeplanting pro gram Page A2 Style Now is the time to support the Mental Health Association in Howard County Page Bl Sports Pacers on road tonight for opener of sevengame series with Hawks Page A7 Also inside Business Classified Dear Local News of Nelson Mandela becomes first black South African president Joyous celebration marks end of apartheid Nelson Mandela takes the oath of office AP photo PRETORIA South Africa AP Nelson Mandela was sworn in as South Africas first black presi dent today in a joyous celebration ending the agony of apartheid and marking the countrys return to the world community Let free dom rign he proclaimed Completing his transformation jfroin political prisoner to presi dent of Africas richest country Mandela eagerly began his oath of office even Before the chief justice asked hfm I do hereby swear to be faithful to the Republic of South he declared standing on an out door podium enclosed in seven tons of bulletproof glass Shouts of Viva rang out from the crowd which included heads of state and heroes of the liberation struggle Mandela took over from de Klerk who dismantled apartheid the harsh racial separation system his National Party codified four decades ago Mandelas African National Congress won a land slide victory last month in the countrys first election to include the black majority In his inaugural speech the 75 yearold president called apartheid an extraordinary human disaster that lasted too too We shall build the society in which all South Africans both black and white will be able to walk tall without any fear in their hearts assured of their inalienable right to human dignity a rain bow nation at peace with itself and the Mandela vowed Never never and never again shall it be that this beautiful land will again experience the oppres sion of one by another and suffer the indignity of being the skunk of the The new 400member multira cial parliament chose him presi dent unopposed at its first ses sion Monday Moments before his swearing in de Klerk and ANC national chairman Thabo Mbeki took oaths of office as Mandelas deputy presidents in a government national unity The inauguration finished with a thunderous cannon salute
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