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Kokomo Tribune (Newspaper) - October 27, 1994, Kokomo, Indiana M Vol 144 No 54 Kokomo Ind Thursday Oct 50 cants Brubaker pleads guilty Tears stream as he asks local people for prayers forgiveness By MIKE FLETCHER Tribune staff writer A tearyeyed R Alan Brubaker asked the people of Howard County for their prayers and forgiveness Wednesday after he pleaded guilty to charges of theft and official misconduct The suspended judges guilty pleas were in Howard Circuit Court the same courtroom he presided over for nine years I admit my he said at the hearing I made the mistakes and I apologize to the police the Kinsey Youth Center officials to court officials and the citi zens of Howard Brubaker was charged with two counts of Class D felony theft and two counts of Class A misdemeanor official misconduct for misusing county money The theft charges allege Brubaker accepted funds belonging to the Howard County Juvenile Probation users fees for which he was not entitled He admitted to presenting a false claim of for a trip to Chica go in 1988 with William Vandergriff an informant in the case against Brubaker The official misconduct charges allege Brubaker submitted claims for more than for his trip to Lebanon where he was arrested July 5 on charges of dealing in cocaine two counts of conversion official miscondutt and a charge of patronizing a prostitute The local charges were filed minutes before an ini tial plea hearing at in Howard Circuit Court The reason for this Howard County Prosecutor James D Andrews said was that the charges are part of an interlocking plea bargain agreed upon by him self Boone County Prosecutor Rebecca S McClure and Brubakers attorney J Richard Kiefer In the Kokomo case Brubaker could spend six years in prison three years with good behavior Under the plea agreement he would serve three years in prison for each of the two theft convictions The suspended judges breach of trust will be consid V ered a reason for an enhanced sentence Andrews But the agreement is contingent upon Brubaker pleading guilty and being sentenced in the Boone County case which will be in Boone County Superior Court today at 11 with Andrews as cocounsel As part of the plea agreement Brubaker will submit his resignation as Howard Circuit judge and will resign as a member of the Indiana Bar Association at his Dec 16 sentencing Brubaker will continue to be paid until the sentencing hearing according to terms of the plea agreement Brubaker also agreed to pay restitution to Howard County for In addition the plea agreement said the Boone County sentences will be served at the same time as the Kokomo sentences Other provisions of the agreement will be dis cussed at todays plea hearing in Boone County Andrews said Just before leaving the courtroom Wednesday Andrews shook Brubakers hand and wished him good luck In a news conference in his office after the hearing Andrews said This sends a message mat everyone is treated the same under the Andrews said he has known the suspended judge since the second grade I know of no reason why I cant prosecute him the same as any other individ Sexual allegations involving Brubaker and juve niles have been made Vandergriff an informant against Brubaker admitted on national television to having sex with the suspended judge No charges were filed on that matter When asked about the alleged sex acts with juve nile boys against Brubaker Andrews said All of the past sexual allegations have been fully investigated and have never been Tribune photos by Brian Reynolds SusperKteft Judge R Alan Brubaker faces the carheras after entering plea agreement Suspended judge heads into plea hearing today By MIKE FLETCHER Tribune staff writer Suspended Judge R Alan Brubaker will appear before Boone Superior Court 1 Judge Kincaid III at 11 today for a plea hearing which is interlocked with Wednesdays plea bargain here Under the plea bargain in Boone County Brubaker will enter a plea of guilty charge of dealing in cocaine Charges of patronizing a prostitute two counts of conversion and an official mis conduct charge will be dismissed The agreement states that Brubaker would serve a prison sentence of 10 years with four years suspended with the sen tence served concurrently with the sen fence imposed in the Howard County case Related stories The Indiana Supreme Court has the authority to suspend R Alan Brubaker and GOP prosecutor candidate James Fleming questions the secret plea bargain Page A2 cvPrCutor i County Prosecutor James D Andrews explain the plea for four years the state Boone County and Howard County law enforcement agencies for their cost and expenses incurred during the investigation Also the prosecutors agree not to file any additional charges arising out of the situa tion on which these charges are baaed McClure has been granted authority by state officials in Illinois to agree that no criminal charges arising out of this investi gation will be filed in Cook County III where Brubaker and William responsible to reimburse The agreement could be final funding Kincaids approval Syrian president offers full peace to Israelis Clinton sidestepping bees nest in Jerusalem DAMASCUS Syria AP President Hafez Assad after talks with President Clinton today offered full peace to Israel but insisted anew that it give up Syrian land seized in war Clinton cited some progress but conceded a new peace agreement was not at hand Speaking after he two met at Assads marbled presidential palace Clinton sug gested that Assad had gone beyond Syri as previous hardline position tie did not elaborate but said he would convey the information in talks later today in Jerusalem with Israeli Prime Minister Yitzhak Rabin The first president to visit Syria since Richard Nixon in 1974 Clinton was here as part of a sixnation fourday tour of the Middle East to promote peace Wednesdays signing of a historic peace agreement between Israel and Jordan has high lighted the trip Meanwhile reports out of Israel said that Clinton would not tour holy sites in east Jerusalem as had been anticipated amid a burgeoning controversy there Israeli officials said Clinton would cite fatigue as the cause for cancellation and would instead invite Jerusalems mayor Ehud Olmert to call on him at his hotel Assad said Syria truly wanted peace and asked why the others are not convinced Assads statements touched only periph erally on the delicate and difficult issues separating Syria and Israel concerns about what kind of security arrangements would be guaranteed in any such treaty Clinton said This agreement will never occur unless Israel and Syria sign with the absolute conviction that they will be more secure for signing it not less secure I wish wew signing a peace treaty on this trip We wont V Our job will not be done and we will not rest until peace agreements between Israel and Syria and Israel and Lebanon are Clinton added Syria and Lebanon remain the last two Arab states on Israels border still officially at war with Israel When asked about his country remaining on the official list of terrorist nations Assad said terror ism per se was not on their agenda Inside Local Melissa Armstrong who forgave a drunken driver who maimed her will tell her story on TV Page A3 Sports Grissom closing means a whole new ballgame at Maconaquah High School PageDl Also Inside Business Classified Local Hughes Aircraft loses huge suit Company fighting million verdict LOS ANGELES AP Hughes Aircraft Co is fighting an million jury award in a job dis crimination lawsuit brought by a black engineer and his white supervisor The electronics giant said Wednesday the verdict was irra tional irresponsible and outra Hughes said it would ask Superior Court Judge Malcolm H Mackey to set the verdict aside and would appeal if necessary The jury awarded million in punitive damages Monday Half went to Jeffrey Lane who said his career working with space shuttle radar stalled when he complained about racial bias in pay and pro motions The other half went to his supervisor David Villalpando who said the company retaliated against him for backing Lane Vil lalpando says he was forced out of his job Hughes says he quit to take a better paying job Earlier this month the jury awarded million to Lane and million to Villalpando for emotional difttfefts and lost wages and benefits One of Lanes lawyers Ian zog said records presented at trial showed that in Lanes group of 500 workers there were no blacks in middle or upper Hughes an aerospace and ekes ironies subsidiary of General Motors had a million aftertax profit last year It said fe court documents that Lane bad not shown line leadership or put forth the extra effort to meril being Hughes said other workers had more experience in commercial work which was crucial as defense spending declined Lane said Hughes conducted a sham investigation of his claim ol racism part of what he contended is a pattern of stonewalling retaliation in such cases
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