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Kokomo Tribune (Newspaper) - October 28, 1994, Kokomo, Indiana Vol 144 No 55 Kokomo Ind TRIBUNE Friday Oct 50 cents Brubaker Another guilty plea R Alan Brubaker right with his attorney Richard Kiefer enters the Boone County Courthouse Thursday Tribune photo by Brian Reynolds Brubaker sentencing set By MIKE FLETCHER Tribune staff writer LEBANON Ind Suspended Judge R Alan Brubaker with drew his previous innocent plea on Boone County charges and entered a plea or guilty Thurs day as part of the joint plea bar gain in Howard and Boone counties Brubaker seemed calm in the Boone County courtroom as he admitted delivering cocaine to an undercover informant July 5 here at the Holiday Inn Boone County Superior I Judge Kincaid III approved the plea bargain and set a sentencing nearing for 11 Dec 16 Brubaker also will appear for sentencing in Howard Circuit Court at 9 that day As part of the joint plea bar gain between Howard County Prosecutor James D Andrews Boone County Prosecutor Rebec ca McClure and Brubakers attorney J Richard Kiefer Brubaker pleaded guilty to the Class B felony charge of dealing in cocaine Charges of patronizing a pros titute two counts of conversion and an official misconduct charge were dismissed Even though Brubaker faces two different sentencing hear ings with good behavior he could serve only three years in Wedding bells delay prison sentence Boone County Prosecutor Rebecca McClure and Howard County Prosecutor James D Andrews made the agreement to allow suspended Judge R Alan Brubaker to wait to begin his prison sentence until Jan 2 for a reason One of Brubakers daughters is getting married Dec 31 She wanted him to be McClure said Thursday I didnt see any reason to punish his prison since the plea agreement says the sentences will be served at the same time If there was no plea bargain and if he was convicted of the Class B felony Brubaker would face a 6to 20year prison sen tence and a maximum fine In Howard County he received the maximum sentence of six years for the two Class D felony theft charges He could not be sentenced on the misde meanor official misconduct charges because Andrews said those charges were part of the theft charges However as of Thursday where Brubaker will serve his sentence was not known Theres a great deal of con cern about this matter Its going to be hard to find a facility in Indiana since the judge has sen tenced people all over the Kiefer said after the hearing Kiefer said he was disappoint ed that his client got six years in prison But he said Brubaker was satisfied with the agreement and was ready to get on with his life The plea bargain recommend ed the judge spend 10 years in jail for the dealing charge with four years suspended with sen tences in Boone and Howard counties being served at the same time During the four years sus pended he will be placed on supervised probation with the entire four years spent in home detention No good time cred which is one day off the sen tence for each served with good behavior will be allowed during the four years home detention Under the agreement Brubak er will reimburse the Indiana State Police Boone and Howard County law enforcement agen cies for their costs and expenses incurred in the investigation McClure said those costs could Hell get an annual pension By STEVE JACKSON Tribune staff writtr Suspended Howard Circuit Judge R Alan Brubaker will likely draw an annual pension of at least when he reaches retirement age despite his likely removal from me bench and dls bameni later mis year Mike Cherry director of pension administration for the staterun Public Employees Pension Fund said he is unaware of any statues which say an employee can lose his or her pension funds PERF statutes simply say a public employee must work at least eight years in order to become vested in the pension program Basedon that Cherry said it is likely that Brubaker will receive the pension appropriate for the time he served as judge just over nine years The states pension system is calculated on the base salary for the position the employee held The amount of the pension is based on length of service Eight years of employment earns an annu al pension of 24 percent of the base salary and 22 years earns the maximum 60 percent In Brubakers case he would receive 27 percent of the statewide base judges salary of That equals an annual pension of Public employees are not entitled to receive ben efits until they reach age 62 Brubaker pleaded guilty this week to a variety of felony and misdemeanor charges in Howard and Boone counties As part of the agreement which led to those pleas the suspended judge agreed to step down from the bench and resign from the Indiana Bar Association at his December sentencing The plea agreement calls for him to continue receiving his salary until that time Brubaker has been receiving his salary since charges were tiled against him in July be The two prosecutors and Kiefer agreed that sentencing will be Dec 16 but Brubaker would not have to surrender to Boone County sheriff deputies until Jan 2 Also under the agreement prosecutors agreed not to file any additional charges against Brubaker from the investiga tions but the agreement does state that Brubaker agreed to meet with investigators and pro vide truthful answers surround ing the facts alleged in this case or other subjects under investi gation by the state McClure said this was stan dard wording for a plea bargain and to her knowledge no one else was being investigated in relation to the Brubaker case Cocaine charges were never brought against the judge in Howard County the place where he took the cocaine from an evidence room because the prosecutors said they already had a cocaine charge against him in Boone County Records seized in the investi gation including the erotic videos Brubaker is accused of taking from his courts evidence room and Brubakers diaries will be kept by the Indiana State Police Personal items taken from Brubaker will remain in a vault until he is released from prison Another twist to the agreement was that Brubaker agreed to sub mit to a polygraph test by an examiner of the Indiana State Police to verify the truthfulness of his statements Andrews said the test will be scheduled some time before the Dec 16 sentenc ing hearing And although the statute of limitations in Indiana is two years on a misdemeanor charge and four years for a Class B C or D felony prosecutors could still charge Brubaker for the 1988 Chicago trip Howard County According to Indianas crimi nal code there is no time limit if the accused is a person elected or appointed to office under statute or Constitution and if the offense charged is theft or conversion of public funds or bribery while in public office Economy surging forward Look for shortterm rates to rise WASHINGTON AP The economy surged ahead at a percent annual rate in the third quarter practically assuring another increase in shortterm interest rates soon The Commerce Department said today that most of the largerthan expected expansion in the quarter that ended Sept 30 was due to accelerated consumer spending It advanced at a percent rate more than double the gain in the previous quarter and the biggest increase since a percent jump in the fourth quarter last year Analysts said in advance of the report they expected a percent growth rate in gross domestic product They predicted that even that relatively moderate advance would be enough to persuade the Federal Reserve to raise interest rates next month Mortgage rates balloon to By The Associated Press The cost of borrowing to buy a house has reached its highest level in years the result of rising interest rates a new nationwide survey found Thirtyyear fixed mortgage rates were per cent this week the highest since the same rate in March 1992 the Federal Home Loan Mortgage Corp said Analysts have said they expect the economy is gaining momen tum in the current fourth quarter with many expecting a strong Christmas shopping season Ameritech rings up court victory Company dials C for cable TV services CHICAGO A federal court ruled Thursday that Ameritech Corp can provide cable television services and tradi tional video programming in an exemption to a provision of the Cable Communica tions Policy Act of 1984 The federal law bars telephone companies from providing caole ser vices where they also pro vide local telephone services Ameritech challenged the con stitutionality of the law in a law suit filed last year in Detroit and Chicago The cases were consolidated in Illinois With the ruling by District Judge John Grady Ameritech becomes the fourth regional tele phone company to win court approval to provide cable service The others are Bell Atlantic U S West and Bell South This decision removes one more obstacle from Ameritechs efforts to offer cus tomers a full range of choices for obtaining video and interactive said Ameritech Chair man Richard C Notebaert The little ghosts and goblins of Halloween will begin appearing on doorsteps In the Kokomo area this weekend Ike following tities have set Mattofyeen Kokomo 57 Moncu Galveston 68 Saturday Parade Worn Notional City Bank starts at 5 Peru 57 Monday Bunker Hill 57 Monday Walton 9 Sdturdayr Tipton 59 Monday JSreentown 57 Saturddy Inside todays Kokomo Tribune Business Power Systems Engineering to move operations from Elkhart to Kokomo Page B4 Sports IU basketball player Sherron Wilkerson may miss the upcom ing season Page A8 Also Inside Business Classified Local News of
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