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Kokomo Tribune (Newspaper) - September 29, 1994, Kokomo, Indiana Vol 144 No 26 Kokomo Ind Thursday Sept SO cents Brubaker charges on hold Judge considers defense motion to dismiss 3 charges ByMIKEPALUCK Tribune staff writer LEBANON Ind A judge has taken under advisement a defense motion to dismiss three of the five charges pend ing against Judge R Alan Brubaker Boone County Prosecu tor Rebecca McClure today said she was will ing to amend the official misconduct charge pending against Brubaker to make it more specific or to leave the charge as written and transfer it to Howard County The amendment would take out a reference to adult videos that were allegedly taken from the property room of Howard Circuit Court McClure said she would re word the charge to allege that Brubaker possessed and delivered cocaine in Boone County The prosecution now has 10 days to make any amendments to the charges pending against Brubak er Brubakers attorney J Richard Kiefer also has 10 days to file any supplemental arguments to his motion to dismiss pending before Boone Superior Court 1 Judge Kincaid HI In midJuly Brubaker was charged with dealing in cocaine a Class B felony patronizing a pros titute official misconduct and two counts of conversion The latter counts are Class A misdemeanors McClure alleges that all of the incidents occurred on or about JulyS Today Kiefer argued that the charges of dealing in cocaine and patronizing a prostitute should be thrown out because they do not contain enough information that would allow him to prepare a defense for Brubaker The lack of information violates Brubakers constitutional rights and that is grounds to dismiss the charges according to the attorney McClure said she does not plan to amend the dealing in cocaine or patronizing a prostitute counts She said the charges state the ele ments of the offense in a clear and concise nature and adequately advise Brubaker of the charges She added there is no double jeop ardy with these counts The official misconduct charge relates to Brubak ers position as a public servant and accuses him of performing an act that he was not authorized by law to He is accused of removing adult video tapes and cocaine from the property room of Howard Circuit Court with intent to obtain said property for himself which property he then transported to Boone In examining the charge Kiefer concluded that Howard County is the proper venue for the offense and therefore it should be dismissed in Boone County Brubaker 50 was arrested at the Lebanon Holiday Inn July 19 as the result of an investigation by Indiana State Police and members of the Howard County Drug Task Force McClure alleges that Brubaker delivered half of a gram of cocaine to a confidential informant at the motel According to the prosecutor Brubaker delivered the cocaine to the informant in the motels park ing lot with the understanding that it would be payment for either an act of sexual intercourse or an act of deviate sexual con duct The cocaine was allegedly delivered to the informant but it was for an act that was to be per formed by a prostitute McClure has said The prostitute was actually Sgt Bonnie Barnard with the Indi ana State Police Major Drug Unit in Indianapolis The two counts of conversion accuse Brubaker of exerting unauthorized control over cocaine and adult video tapes that are identified as property of the state of Indiana Brubakers jury trial is sched uled for Jan 23 in Boone Superior Court 1 Brubaker has been advised that he could spend up to 24 years in prison ana be fined up to if he is convicted of all five counts and the maximum penalties are imposed He has been suspended from the bench with pay by the Indiana Supreme Court Pitching in for the harvest Pedro Sanchez dumps a basket of toma toes Wednesday at a farm on North Phillips Street He gets help from Alberto Diaz who is taking a basket from Agustin Salmeyon and Julio Gonzales right When the load is full Jesus Jimenez far left is ready to haul the canning tomatoes to a semitractor trail er For more on the tomato harvest please see Page B7 Tribune photo by Tim Bath Plants keeps close eye on GM strike Kokomo plant building inventories PSI near merger WASHINGTON AP PSI Energy and Cincinnati Gas Electric Co are hoping final approval for their planned merger will come in a matter of weeks The Federal Energy Regulatory Commission on Wednesday accepted the terms of a settlement between the two utilities and the states in which they provide gas and electricity The utilities want to form a holding company CINergy to serve as parent company for and PSI Indianas largest electric utility Together they want to become the nations 13th largest investor owned utility It would serve million electric and gas customers in parts of Ohio Ken tucky and Indiana Were ready to move for said PSI Energys chief executive officer James E Rogers Were extremely pleased with the FERCs said spokesman Steve Brash We look forward to finishing the merger and gaining significant savings for CINergys customers and forming a company that is going to be suc cessful in the more competitive utility He said CINergy stock certifi cates are printed and ready to swap for investors and PSI shares as soon as the merger gets final approval An announcement of the new companys senior management is expected relatively he said We are sitting here pre pared and Brash said The merger now awaits a Secu rities and Exchange Commission decision on the utilities request to become a registered holding com pany under the Public Utility Holding Company Act of 1935 The main issue there is whether the SEC will require to divest its gas operations In SEC filings the utilities have argued that selling the gas business would generate million in additional costs The SEC has no schedule for act ing on the request but Brash are hoping that we can get an SEC ruling within a month or FERC gave its conditional approval last revoked it in January because of objections from industry groups and ques tions about the way it might affect state oversight Negotiations led to settlement agreements supported by the great majority of the parties including the affected state com FERC said in a release Pressure on Delco to ease work load By The Associated Press A strike by the United Auto Work ers against General Motors in Michi gan threatens to close some Indiana operations of the automaker but it also gives them a chance to build up inventories No Indiana factories had been shut down as of this morning by the strike at GMs Buick City complex in Flint even though GM is Indianas largest single private employer with more than workers Theres no way of telling whether Delco Electronics Corp in Kokomo will affected by the strike so its Kokomo employees will just keep fill ing orders that they otherwise would have had to work overtime to meet spokesman Milton Beach said Were using this as an opportunity to adjust our Beach said Delco officials are closely watching the strike Beach said Delco supplies engine control mod ules airbag controllers and radios to all GM assembly plants including the one in Flint The Flint thing could domino to other assembly plants and it would really depend on the number of assembly plants that became affected by he said Work also continued at Inland Fish er Guide in Anderson which supplies the Flint plant with bumpers and lights sail Job Quinn a spokesman Theres some possible impact depending on how long it will go but if s too early to Quinn said All of the GM assembly plants are our customers and yes it is a major cus Quinn said he didh t know when the strike would affect Inland Fisher where a strike last month forced more than two dozen other GM plants across the country to shut down About Buick City workers went on strike Tuesday The striking workers build Buicks and Oldsmo biles engines and a variety of parts used on many GM cars including transmission and suspension compo nents As other GM assembly plants run out of those parts they will close Their suppliers also are expected to feel the effects By DAVE PHILLIPS Tribune staff writer The automobile industrys struggle to meet higher demand and contain labor costs is hitting home In recent weeks officials with United Auto Workers Local 292 have increased pressure on Delco Electronics Corp to settle several outsourcing issues and ease demands on members working overtime to meet GMs boosted production schedules The local represents about workers at Delcos Kokomo operations Delco plans to outsource or transfer production of several undisclosed products to outside firms or other facilities In a letterto members last week Local 292 officials say theyve also recently encountered numerous problems with local management over transfer agreements and health and safety concerns Delco produces an assortment of automotive electronics for Gen eral Motors North American operations including pressure sensors enginecontrol modules airbag sensors and instrument clusters Tony Long shop chairman for Local 292 said union officials have repeatedly asked for addi tional workers to meet higher pro duction schedules Rather than hire new workers Delco has reduced staff in some areas to meet production needs in more critical areas The union says the company also has relied on salaried personnel to perform bargainingunit work In May GM agreed to transfer 100 workers from a former unit Indianapolisbased Allison Engine Co to Delco But Local 292 officials maintain they need more workers to address short ages caused by attrition overtime and production increases As many as 30 to 40 Delco workers are eligible to retire every month now under a program that allows workers to retire after 30 years of service Local 292 and company officials are also negotiating to settle 17 outsourcing issues that threaten more than 150 jobs according to the letter Delco and union offi cials declined to comment The hiring debate is occurring throughout the automobile indus try as sales remain healthy Last week workers at Ford Motor steering gear plant in Indianapolis declined to work overtime causing Ford to idle production at several Canadian and assembly plants Inside todays Tribune Business As trade sanctions loom Friday sales of Big Three vehicles in Japan are acceler ating Page B8 Sports Tipton High School stand out Brian Winkleman is fea tured in this weeks edition of Prep Watch Page Cl Also Inside Business Classified Local Science helps pluck man from prison cell DNA test proves he didnt rape woman DES MOINES Iowa AP The victim the prosecutors and the jury all agreed that he did it So at age 26 Frederick Daye was convicted of a rape he did not commit and sen tenced to life in prison Ten years later DNA testing proved his innocence and he was set free I think the No 1 thing Id like to do is go to church Sun day because I truly believe I was Daye said Wednesday sitting on the porch of his mothers home Daye and Charles Pringle were convicted in separate tri als of kidnapping raping and robbing a San Diego woman in January 1984 The victim identified one of her assailants as a black man with a gold cap on his left front tooth and picked Daye out of a lineup Daye has a silver cap on his right front tooth If you look at just the evi dence presented during the trial he s said Deputy District Attorney James Atkins J
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