Saturday, December 17, 1994

Kokomo Tribune

Location: Kokomo, Indiana

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Kokomo Tribune (Newspaper) - December 17, 1994, Kokomo, Indiana Pacers take sting out of 9391 B2 K OKOMO Saturday 50 cents Exjudge on way to prison Where he will serve his sentence unclear By MIKE PALUCK Tribune staff writer On former Howard Cir cuit Judge Alan Brubaker will surrender at the Boone County Jail as the result of his sentencing Fri day on criminal convictions in two Where he will serve his prison term is still Brubaker pleaded guilty in Howard Circuit Court to two Class D felony theft charges and two misdemeanor charges of offi cial The next he pleaded guilty in Boone County to one Class B felony charge of deal ing in judges in Howard and Boone counties sentenced Brubak er under the terms of plea bar gains that were filed during the October In Circuit Judge Richard Sand ordered Brubaker to serve a total of six years in prison for the theft convictions and one year each for the misdemeanor The sentences on the mis demeanor counts will be served at the same time as the sentences imposed on the theft In Boone Superior Court Judge Ora Kincaid III sen tenced to 10 years in prison for the cocaine He then suspended four years of the The resulting six year sentence will be served with the sixyear prison term imposed in Howard With goodtime Brubaker could spend about three years in During both defense attorney Richard Kiefer asked the judges to recommend to the Indiana Department of Correction that Brubaker be placed in a mini mumsecurity He said Brubaker could be harmed in a prison with more serious offend ers because of the defendants he has sent to such Prior to the Boone County hear Prosecutor Rebecca McClure said that during plea Kiefer attempted to write the minimumsecurity pro vision into the plea She and Howard County Prosecutor Brubakers convictions In Howard County Two Class D felony theft charges Two Class A misde meanor official misconduct charges In Boone County Class B felony dealing in cocaine James Andrews objected to that according to He Brubaker should be treated like everyone McClure said After he imposed Sand said he saw no reason to recom mend to the Department of Cor rection that Brubaker be sent to a minimumsecurity The DOC will receive a different signal from who granted Kiefer s After the McClures only comment about Kincaids decision Thats the judges After reporting to the Boone County Brubaker will eventu ally be transferred to the Recep tionDiagnostic Center in Plain officials will determine which facility Brubaker should serve his According to Brubaker could spend months in the Boone County Jail before a bed is available at the diagnostic In signing the plea Brubaker waived his right to seek any reduction of his Once he is released from he must serve four years of super vised probation in a homedeten tion program supervised by Boone Judges in Howard and Boone counties ordered Brubaker to pay about in fines and reim bursement The sum includes to reimburse Indiana State Police for the investigation that led to the five charges that were filed against him after his arrest at the Lebanon Holiday Former Howard Circuit Judge Alan leavingnhe Howard County Courthouse received a prison term and apologized for his conduct Tribune photo by Anne Farrar Nineyear judge apologizes Sends his letter of resignation to Supreme Court By MIKE PALUCK Tribune staff writer Former Howard Circuit Judge Alan Brubaker was apologetic Friday as he appeared in two courts for sentencing on convic tions of official misconduct and dealing in cocaine In Howard Circuit Court where he had presided for nine Brubaker admitted that he had made serious He apologized to the court members of the probation depart employees of the Robert Kinsey youth coworkers in the along with members of the judi the Howard County Bar Association and the citizens of Howard Standing in his packed former Brubaker said he had heard himself referred to as arro gant and unrepentant and that He had taken nis legal situation lightly and behaved with a flip pant and cavalier Your I would assure you that nothing could be further from the he told Judge Richard Brubaker reflected on achieve ments that had occurred in the Circuit courtroom and strides in the juvenile justice But he also said he was ashamed and embarrassed about the circum stances that had brought him into the courtroom he said ne Earlier in the defense attorney Richard Kiefer told Sand that Brubakers letters of res ignation had been sent Friday to Evan Bayh and the Clerk of the Supreme Brubakers voice cracked when he noted that his 25year legal career was I lost my reputa a many good and talented friends and a great deal of To say that I am unrepentant and do not understand what it means to give up everything that 1 have worked for be every time I face I have no idea what their reaction will be to me the road back to a mean ingful life will be if possi ble at Less than two hours appearing in Boone Superior Court took responsibility for the crimes with which he was charged in that Addressing Judge Ora Kin caid Brubaker There is a great distance between the judge on the bench and where I am And I have looked over that distance many times from your your and today it is with shame and with horror that I stand in this If I could offer some some human reason why I could commit such stupid delivery of I would do but there is no In Boone Brubaker was charged with dealing in patronizing a official misconduct and two counts of He pleaded guilty to the cocainedealing charge in exchange for the dismissal of the other Brubaker admitted that he delivered a plastic bag contain ing about onehalf gram of cocaine to William Vandergriff at the Lebanon Holiday Inn on July In that moments Brubaker I violated my oath of office repudiated all of the things that I stood I threw away 25 years of a legal career that I believed I ruined my destroyed my seriously injured my wife and as well as many friends and support I violated my trust as a The shipwreck of my life was long in The loss of my profession is not the greatest The greatest loss is the trust of so many Brubaker noted the love and support of his Surrounded by family members in the Boone County Courthouse he I owe a great debt ot grati tude to my family and friends that stood behind me through this dif ficult It is an embarrassment to of and an embar rassment to many of the people of Howard and Boone I apologize to Im sorry for my failures and just hope that things will continue on in a more positive Bailed him then killed him AP Two women who were dubbed Thel ma and Louise after they bailed an abusive exlover out or jail and killed him were sentenced Friday to at least 20 years in Both Margaret Kosmin and Tammy Ann Molewicz alleged the other pulled the and pros ecutors say they may never know which one fired the gun that killed William Kelly last Both pleaded guilty to aggravated Kosmin was sentenced to 25 years in because she also pleaded guilty to arson and hin dering Molewicz received a 20year The who had been neighbors and friends for admitted scheming to kill Kosmins Molewicz alleged Kosmin shot Kelly outside a convenience store after they picked him up from Kosmins version was that she was hiding inside their cars trunk when she heard a and that when she got out Molewicz fired a second The two women put the body in the trunk and drove to Kosmins Medford The body was later dumped in a where a hunter found it in a cranberry Kosmin set the car on Children are looking to Goodfellows Goodfellows is a charity spon sored by the Kokomo Tribune to help needy children at Youngsters age infant through age 13 receive new clothing at Christmas provided through cor porate sponsor Donations to the charity are used to fund vouchers which are distributed to eligible Howard County Donations to the charity may be mailed to the Koko mo Post Office Box 300 Union Donations may also be brought to the Kokomo Tri bune and dropped off at the accounting The Tribune encourages dona tions in memory of loved Memorials and donation listings will appear on Page 1 throughout the holiday In memory of William Bud Harting Psi Eta Chapter Kappa Delta Phi Sorority In memory of Francis Massey Psi Eta Chapter Kappa Delta Phi Sorority In memory of Pauline Drury and Francis Massey Blue Tri Alpha Club Anonymous In memory of Ham Anonymous In loving memory of Ernest and Marie Ellis from and Robert Park In loving memory of our grand Christopher Lowry Colburn Don and Willie Lowry In loving memory of our moth May Carey Willie Lowry and Joenita Cone In memory of our Steve we love you and miss you Megan and Meredith Marsc hand DoubleNiques Ladies Bowling League Total Inside todays Tribune Local Kokomos Denise LaMott rescues a lob ster from the dinner Page Nation Treasury releases details of proposed tax Page State A mother hopes to convince a judge to try the boy accused ot killing her daughter as an Page Also Inside Classified News of 106 aaXIP