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Kokomo Tribune (Newspaper) - September 21, 1994, Kokomo, Indiana Vol 144 No 18 Kokomo Ind KOKOMO lTRIBUNE Wednesday Sept 50 cents Fleming Andrews squabble Howard County Prosecutor James Andrews fields ques tions Tuesday at the Kokomo Rotary Club as Republican challenger James Fleming waits his turn Tribune photo by Brian Reynolds ByJEFFPARROTT Tribune staff writer the two men aiming to become Howard Countys next prosecutor held nothing back Tuesday at a minidebate as the challenger charged the incumbent with abus ing his power and not spending enough time in the courtroom The challenger in the Nov 8 election Republican James Flem ing also pledged to limit his tenure as prosecutor to two terms if elected and called for an end to the prosecutors investigative staff His remarks came at a speaking engagement with Demo cratic Prosecutor James Andrews before a Kokomo Rotary lunch crowd at the Seville Restaurant Fleming criticized Andrews expenditure of discretionary funds in 1990 91 92 and 93 without prior county council approval Fleming said they add up to about a year and constitute a giant slush I think thats bad government Thats wrong and it must be Fleming said If the prosecutor has complete control over the expenditure of this money to the exclusion of those financial watchdogs such as the Howard County Council it is like ly to be subject to But Andrews countered that his expenditure of pretrial diversion funds which come from defen dants who plea bargain are granted probation for this year was approved by the county council in February He made no mention of the diversion funds spent in 1993 92 91 and 90 The disclosure for 1994 funds was ordered by the state Board of Accounts As for the other compo nent of discretionary money Title IVD incentive funds Andrews maintained that state law gives him free reign over their use Title IVD funds come as a percentage of back childsupport payments the prosecutor collects Hoosier given 5 to life CASTLE DALE Utah AP An Indiana teen has been sen tenced to at least eight years in prison for his accomplice role in the 1993 shooting death of Utah Highway Patrol Trooper Dennis Lund George Todd Kennedy 17 Delphi was sentenced Tues day to five years to life for mur der with a oneyear firearms enhancement penalty He also was sentenced to two concurrent lto15year sentences for two counts of attempted murder to be served consecutively to the mur der sentence The sentences handed down by 7th District Judge Bruce K Halli day mean Kennedy will serve eight years before his first parole hearing In a July pleabargain agree ment Kennedy had admitted to retrieving a 22caliber rifle from the back seat and taking the wheel as his friend 19yearold Jason Scott Pearson of Camden shot at officers pursing them on Interstate 70 Hes not a real emotional Emery County Attorney David Blackwell said Hes basically kind of passive and if someone said Let s go do Im sorry for what happened but I cant cnange anything Kennedy said in court I dont know what else to Lund was killed and the other officers were fired upon June 16 1993 as they pursued the two Indiana teens along 170 following a gas skip in nearby Thompson Grand County Kennedy described as sive and a follower in court documents cooperated with the investigation from the beginning offering a statement directly after the shooting while Pearson elect ed to stay silent Blackwell said In exchange for testimony against his friend Kennedy avoid ed a capital murder charge which carries the death penalty and instead pleaded guilty to the reduced charges Pearson faces a charge of aggra vated murder a possible capital offense and attempted murder charges He will stand trial in Emery County in January 1995 despite attempts by the defense to move the trial outside the rural southeastern county Lunds wife Brenda told the court that Kennedy had ruined her life All he had to do was refuse to drive that car and my husband would still be alive He was old enough to know she said Blackwell said hes pleased with Kennedys sentence In exchange for the teens guilty plea the pros ecution had agreed to stay silent regarding whether the boys sen tences would be served consecu tively While the outcome of Pearsons trial may not hinge on Kennedys testimony the younger boys statement will help determine the conversation before Lund was shot Blackwell said Haynes employees evacuate Tuesday because of a possible chemical fire Tribune photo by Brian Reynolds Officials investigate Haynes blaze Black smoke coming from the top of the Haynes International plant filled the afternoon sky Tuesday and could be seen about 10 miles away Russiaville volunteer firefight er Lin Ortman who was an observer at the scene said he could see the smoke as he was leaving Galveston northwest of Kokomo Eight units of the Kokomo Fire Department responded to a call at about a possible chemical fire at Haynes Interna tional Defenbaugh Operations Plant 2000 W Defenbaugh St Five engine units a ladder unit a snorkel unit an ambu lance and the hazardous materi als unit responded to the plant The smoke was coming from the Rl Pickle Plant which houses large tanks of nitric acid hydrofluoric acid and kolene acid used to clean manufac tured steel Haynes Internation al Safety Manager Steve Fisher said He also said there was no danger to the environment lie said there will be further details after an investigation by plant officials and the fire department Employees were evacuated from that part of the building with no injuries and the fire was extinguished Deputy Chief Larry Laird said Investigators are not saying what was imrn ing or how the fire started Firefighters took every pre caution to ensure he said What would support smoke like that I dont Laird said We wont know anything more until we meet with officials at the plant Fleming next said his opponent only personally tried one case in each of the last three years My point in talking about this is the If the man goes to court one time a year I think we already have a parttime prosecutor and hes paid a fulltime Fleming said hed be willing to serve as a parttime prosecutor which would save taxpayers about a year in his salary Andrews answered that he spent hours per week on the job last year and said Being prosecutor is more than just being in the courtroom There are lots of other things that a prosecutor has to Andrews recalled his sting in 1986 of pornographic businesses that had been operating for as long as 11 years Within 18 months of taking office I closed down those pornographic busi he said Fleming took more swipes at Andrews usage of two special investigators to prose cute cases If you take away the checks and balances within the system if you allow the prosecutor to be the police department and the prose cutor you are inviting the possi bility of Fleming said Andrews has defended his need to conduct investigations inde pendently from police He has told the Kokomo Tribune that there have been good reasons local agencies like the Kokomo Police Department and Howard County Sheriff Department could not investigate certain cases Circumstances were such in those cases such as the Judge R Alan Brubaker case that other agencies had more information available to them for investigative purposes he has said Clashes bring protest ban Haitian leaders try to halt violence PORTAUPRINCE Haiti AP Haitis military leaders have banned street demonstrations to halt clashes between police and protesters that have killed at least one person since the arrival of American troops Sporadic violence erupted Tues day at PortauPrinces docks air port and huge Cite Soleil slum while American soldiers stood by and watched in dis may Witnesses said one man was clubbed to death by a Haitian policeman The demonstration ban came in a com munique on state media late Tuesday night and repeated this morning The commander of forces in Haiti Lt Gen Henry Hugh Shelton said he would meet with army chief Lt Gen Raoul Cedras today to pres sure him to rein in proarmy mili tiamen as well We certainly cannot police 100 percent of Shelton said Its a rather large The arrival of the Americans under an accord brokered over the weekend has prompted pro democracy demonstrations and celebrations The jubilation has led to clashes with Haitian police who beat and tear gassed crowds that gathered to welcome the forces Ameri can troops were preparing today to spread out from Haitis two major cities amid appeals for calm by political leaders Embassy spokesman Stan ley Schrager told The Associated Press that the presence of sol diers sort of opened up an avenue for demonstrations that hasnt existed The agreement worked out by a delegation head ed by former President Carter requires military leaders to step down by Oct 15 and allow he restoration of exiled President JeanBertrand Aristide Shelton said American officials contacted Cedras on Tuesday to let him know that we are not He said he would meet with him this morning to let him know that we expect him to gain control and bring these acts of violence to a he told NBC TV troops landed in PortauPrince on Monday and about Marines land ed Tuesday at Haitis second city CapHaitien in the north Once their equipment is ashore they are to begin fanning out into the countryside The potential for violence remains high in this wretchedly poor Caribbean nation as the intervention force gets organized and the ruling military and police desperately try to assure their own futures At the United Nations the ambassador said the Security Council wont lift a trade embargo against Haiti until Aristide returns Sanctions were imposed after the army overthrew Aristide in a bloody 1991 coup Stricter embar goes and bans on travel and finan cial transactions have been imposed to try to compel the mili tary to restore him to power Inside todays Tribune Travel Corvette enthusiasts have a new shrine in Bowling Green Page Bl Sports Notre Dames Lee Becton will miss the game against Pur due Saturday because of a strained muscle Page AS Business Delco joins two GM units to sell electric vehicle systems PageBS Also Inside Business Classified Local News of Correction Because of a Kokomo Tri bune error a headline was incorrect on the front page of Tuesdays edition The headline should have indi cated that Republican Dan Burton whose district includes Tipton County voted yes Monday as the House approved a resolu tion on Haiti
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