Cedar Rapids Gazette (Newspaper) - August 29, 1974, Cedar Rapids, Iowa
The Cedar Rapids Gaiette: Than., Aug. 21 1174 5
Need Must Be Demonstrated: Court
By William Oberlin*1
DKS MOINES (AP)— An indigent defendant in a criminal trial is not necessarily entitled to services of a psychiatrist at public expense if he doesn’t have money to hire one of his own, (he Iowa
supreme court held Wednesday.
There must be timely application and a showing that services of a psychiatrist are “reasonably needed and necessary" to the defense, the court said
It laid down guidelines as to
what such an application must contain. And after receiving the application, it is up to the trial judge to make an “objective evaluation" whether psyschatric services are needed, the court said The high court upheld the conviction of Glenn lx»e
Scherle:Ford Will Listen To Farmers
COUNCIL BLUFFS (AP) —Hep. William Scherle (R-Iowa) said Tuesday he feels Midwesterners and farmers stand a good chance of gelling the ear of President Ford concerning their problems.
“He understands the Midwest, and he's accessible to members of congress. He’s a product of the house, and the house has always been closer to the people than the senate," Scherle said In southwest Iowa for several public appearances. Scherle offered Ford as a discussion topic with reporters, saying, “It’s difficult to imagine the change in Washington since he ben ame President—people are cordial, there isn’t the shame there has been.
“People have confidence, faith and trust, and Ford espouses all of these.”
Scherle said Nelson Rockefeller is not his first choice as vice-president. When asked his choice, Scherle first named Iowa Gov. Robert Ray and added the names of Ronald Reagan. Barry Coldwater and George Bush as possibilities. He said Rockefeller would give the administration “experience and balance.”
For the second time, Scherle will face Democrat Tom Harkin in the November election
Referrals Taken for
IOWA CITY - The Iowa State Services for Crippled Children (SSCC) is accepting referrals for persons who will attend the cardiac clinic in Davenport to be held Oct. I at the First Christian church at 510 East Fifteenth street.
Patients from Cedar, Clinton, Dubuque, Jackson, Jones, Linn. Louisa. Muscatine, and Scott counties are eligible for the clinic.
Diagnostic and evaluation services will be provided for persons under 21 who have had rheumatic fever or who have heart problems.
The referrals should be forwarded to the SSCC offices by Sept. ll at the University of Iowa Hospital School, Iowa City. 52242.
Rock Island Line Shippers To Gather Service Data
By Tom Fruehling
INDEPENDENCE - The Iowa Rock Island Shippers Assn and others interested in up-grading rail service on the line between Cedar Rapids and West Union decided here Wednesday night bi initiate a survey of shipping patterns.
Don Neumeyer of Walker, secretary-treasurer of the group, agreed to collect statistics from shippers and receivers along the Rock Island line as to use of the service in the last four years.
This information will be compiled into a report by the Cedar Rapids-Marion area Chamber of Commerce, ac-cording lo Chamber executive Vice-president Robert Faxon.
Faxon said that once an estimate of what use has been made of the line and what service is projected in the future, the state energy council will be asked for assistance in improving the line.
Present service, commented Faxon, is “rotten,” and many shippers have turned to trucks to deliver their products.
For one thing, there is a I WI, INK)-pound weight limit on the 75-mile stretch of track. This embargo does not allow shippers to make use of “jumbo” hoppers, said Faxon.
Faxon also noted that the poor condition of the track forces freights to travel at a reduced speed.
The association is hopeful.
Faxon reported, the stale agency will work wilh the Rock Island line and interested businesses in financing a complete upgrading of the line.
Rock Island officials have indicated an interest in abandonment of the line, according to Faxon He said the survey is experted to show that with improved rail conditions, traffic would be such that abandonment would not be warranted
Approximately 30 people attended the meeting at the Pintcon Motor Inn hotel
Want Ad office open daily. Until noon Sat.
McGhee of Rock Island, III , of several felonies in a 1072 multiple murder and robbery at a tavern in Davenport Appeal Grounds
Mel thee had appealed his conviction on grounds that Judge Harlan W Bainter of Des Moines county district court denied defense counsel authority bi engage an independent psychiatrist at at public expense.
A psychiatrist at Oakdale Security Medical Facility reported after an evaluation of McGhee that he was competent to participate in judicial proceedings, though he apparently was of an “aggressive” personality and said he frequently had “flashbacks” to aggressive Incidents in his life that caused him to commit hostile acts on slight provocation.
McGhee’s attorney said he wanted to hire an independent psychiatrist to evaluate whether McGhee was insane at the time of the offense.
The attorney said he needed
the evaluation to determine whether the plea should be changed from innocent to innocent by reason of insanity
He argued that if McGhee had enough money, he could hire a psychiatrist on his own. but since he didnt, equal protection of the law demanded that a psychiatrist be provided at public expense
In the 5-0 decision, written by Justice Maurice Rawlings, the court held that the application was timely but it “dealt in conclusory allegations rather than factual statements which might have aided the court in making a decision.”
Rawlings said there was no adequate showing “on which the trial court could have objectively determined
whether further examination by a psych tat 1st was in any sense reasonably needed or necessary.” In such a case, he said Judge Bainter did not abuse his discretion in denying the request.
Jesup Officials Ask Aid In Treatment Plant Work
Damages Awarded for Cows in the Corn
IOWA CITY — Judge August F. Honsell, jr., has awarded Thomas Meade $1,-502 50 in damages in Johnson county district court.
Meade had asked a judgment against Richard Ball, claiming over 70 cows owned by Ball had entered a planted corn field owned by Meade. Meade had requested $4,01)0 iq damages.
Judge Honsell, in awarding damages, cited the difference between the expected and actual quantity of corn to be harvested from the 200-acre area.
Both parties in the suit live in Clear Creek township. The incident happened in August. 1971.
INDEPENDENCE - Officials from Jesup were on hand at a special session of the Independence city council Tuesday night to request thai Clair Miller, Independence waste plant treatment operator, be permitted to run tests and be in charge of Jesup’s sewage facilty from 12 to 15 hours per week on a temporary basis.
Jesup is without a certified operator to run its disposal. plant and at present the town does not meet state specification requirements.
A grade three operator is required by the state and Miller is a qualified grade four operator.
With two Independence councilmen not present at the special meeting, Mayor Robert Blakesley deferred a decision on the request until all council members could be in attendance.
The subject will likely be discussed at the regular meeting Sept. IO.
A payment of $15,815.57 was authorized to Bert Hanson and Associates, Inc , for engineering fees on the 1974 paving project.
A rental fee of $750 was approved for Floyd Holst for the present sanitary landfill grounds southeast of the city.
Found Innocent of Altering License
TOLEDO - Jeff Paul Novotny, 17, Tama, charged with having an altered driver’s license, has been found innocent by Magistrate George Stein who cautioned Novotny that if in the future, something on his license is not distinguishable, he should get a duplicate license instead of trying to fix it himself.
Novotny was stopped July 24 on highway 30 by a state trooper for speeding. He pled guilty to the charge Aug I and was fined $28.
The officer noted the birthdate on Novotny’s license had been altered from Oct. 4, 1956, to Oct. 4, 1955.
Novotny, however, said his billfold, had become damp and the 6 in 1956 was obliterated, so he marked it in ink. However, he said, the bottom on his billfold caused the 6 to blur and it resembled a 5.
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