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Fairfield Ledger Newspaper Archives Nov 29 1982, Page 1

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Fairfield Ledger (Newspaper) - November 29, 1982, Fairfield, Iowa The Fairfield Ledger Fairfield Iowa 52556 a a part of Fairfield s heritage since 1849 no. 280 monday november 29, 1982 pric 25c High court to consider illegal search exception Washington apr the supreme court Over Strong objections by three justices today agreed to consider creating a a Good Faith exception to its 68-year Rule Banning from trials All evidence obtained in illegal police searches. The courts eventual decision could Lead to a major overhaul of one of the key constitutional defences available to criminal defendants. The court said it wants to hear a new round of Oral arguments in an Illinois Case to study a the question whether the Rule. Should to any extent be modified so As for example not to require the exclusion of evidence obtained in the reasonable belief that the search and seizure was consistent with the fourth the constitutions fourth amendment protects against unreasonable police searches and seizures in a 1914 decision the supreme court created the a exclusionary rules to deter unlawful police conduct. Under the Rule criminal evidence obtained in a search or after an arrest later found to be unlawful cannot be used against a criminal defendant. The Rule Means that convictions based even in part on such illegally seized evidence must be overturned. But As crime rates have mushroomed in recent years the Rule has come under heavy attack. The court on numerous occasions has been asked a and has refused a to allow the use of evidence seized in searches that were unlawful Only because of an a a honest mistake by police. But just last june 23, the court refused to tamper with the exclusionary Rule in deciding a criminal Case from Alabama. A to Date we have not recognized such a Good Faith exception and we decline to do so Here a Justice Thurgood Marshall wrote for the court then. Today Marshall was one of the three dissenters a along with justices William j. Brennan and John Paul Stevens a As the court agreed to consider creating such a Good Faith exception. The court will use the Case of Lance and Susan Gates suspects in a Bloomingdale 111., drug investigation. The Illinois supreme court suppressed evidence aimed against the two. When it was first argued before the nations highest court the justices refused to allow Illinois prosecutors to raise arguments in favor of creating a Good Faith exception to the exclusionary Rule. That argument had not been made in lower courts. Way open for Public use of disputed Nixon tapes Kathryn Emanuella took a Long time to get Here but Stephen and Marty Vantasell now have a daughter and their four year old son Michael has a sister. Two years after first writing letters to several adoption agencies the Van Yasells boarded a plane in Miami and headed for Colombia South America. Six hours later the baby was in their arms. Ledger photo Van to Sells wait ends with Kathryn Emanuella by Jan Merling the waiting is Over. A Welcome Home Katie a a Large paper Banner hanging on the entryway Wall at 1009 Hillcrest dr., Hung outside the Home a few weeks ago welcoming Stephen and Marty Vantasell a baby to her new Home. Kathryn Emanuella Vantasell born 3vfe months ago in Medellin. Colombia arrived at her new Home nov. 7. Forsaking the Stork the trans Continental delivery was made with her new parents via today a modern aircraft. For the Van Yasells the Homecoming greeting Hung by their neighbors marked the end of a wait much longer and More Uncertain than a usual nine month pregnancy. A we wanted to adopt a child and were told at various agencies that its almost impossible to adopt a second child if you already have one child a Vantasell said referring to their four year old son Michael. A pregnant girls Are keeping their babies now and the availability of adoptable babies is almost mrs. Vantasell said orphanages with ready to adopt children Are rare today instead adoption agencies maintain lists of names of persons who want to adopt filling the list As children Are available. Since the 1970s, she added agencies have tried to place children with childless couples and rarely place a child with a couple who Are already parents. One option for such couples is an overseas adoption and the Van Yasells began a letter writing Campaign to several overseas adoption agencies with offices in the states in the fall of 1980. After receiving a response from Hillcrest family services in Cedar rapids they attended an information session there in january 1981. At that time Hillcrest was just beginning to offer foreign adoptions mrs. Vantasell said. A we feel very fortunate getting in on the groundwork. Hillcrest had received a Grant to pursue helping Iowa couple with overseas adoptions and we were among the first group to adopt foreign born babies a As required by Iowa Law social workers from Hillcrest did a a whom study a an extensive investigation of the Van Yasells their family and their lifestyle. At the same time the Van Yasells were Busy with their own preparatory paperwork a submitting birth and marriage certificates Bank statements letters from their Church pastor and letters of recommendation. A most of this is required if you re working with an Iowa Agency but since we were also dealing with the colombian Agency there were two things different we had to have everything notarized and some papers had to be authenticated a authorizing the fact that it is a Legal document certifying that everything is legitimate a mrs. Vantasell said. In March two months after their visit to Hillcrest Agency personnel told them they had been approved and would probably receive a child in three to six months. Expecting to be notified Between july and september 1981, their wait began. A we did no to hear anything until july 1982. Wed almost Given up Hope we received two papers in july i was thrilled to death when i saw the return address on the envelope a mrs. Vantasell recalled like All other correspondence from Colombia the papers were written in Spanish and mrs. Vantasell had a Friend translate them for her. After completing More paperwork they were instructed to Call Quot Vicki at the Agency in Colombia. A it was sept 12. We called her and she said they had a Little girl for us. She did no to know anything about her except that she was Between Zero and three years old and healthy a mrs Vantasell said referring to their request for a Young child. The couple received More paperwork oct. 13, completed it and sent it on to Des Moines and the emigration office in Omaha where it was approved and a visa for the child issued they boarded the plane for Medellin Colombia a City of More than two million persons oct. 31. A we checked into the club grabbed a Blanket got Back into the taxi and went directly to the House to pick up the baby it All went really fast. We left Miami at noon and by six she was in our arms a mrs. Vantasell said. A Vicki could Tell the couple was that the infant had been transferred to the orphanage shortly after her birth aug. 18 her Mother was a a tall and had a a Beautiful complexion a she told them. Mrs. Vantasell said the orphanage Katie was in usually has about 12 children up to to years old and often receives a child every Day. The number remains steady because there Are usually four or five couples a week from All Over the world adopting the children. The Van Yasells stayed in Colombia a week completing paperwork before returning Home to introduce Katie to their son. Quot he a very gentle with her i guess there a always sibling rivalry but he a very gentle and very protective of her. He a just been Washington apr the supreme court today cleared the Way for the eventual Public playing of tape recordings covering 2 years of president Nixon a conversations in the Oval office. The court without comment let stand a decision that Nixon a non watergate tapes must be made Public Possich at regional listening centers throughout the country. Officials say the tapes perhaps several thousand hours Worth will not be ready for Public listening until 1961 at the earliest. About 12 hours of tapes relating to the watergate scandal that drove Nixon from office in 1974 already Are available for Public listening in Washington. They Are not in dispute in the Case acted on today. The latest controversy covers 4,000 hours of tape recordings unrelated to watergate. The Federal appeals court in Washington last March allowed the playing of the tapes for the Public except those dealing with private matters and those exempted by a executive Jill Merrill a spokeswoman for the National archives says a a majority of the 4,000 hours of conversations eventually will be released to the Public. Is. Merrill said the tapes cover the period from february 1971 to july 1973. She said one of the possibilities for releasing the tapes is through la regional listening centers. She said the processing of the tapes would not be completed for Public consumption until at least 1984 Nixon appealed the Case to the supreme court objecting to the governments plan to make the tapes Public. The general services administration which includes the National archives has custody of the tapes under a 1974 Law. Nixon has proposed other ways of making the material Public. Appeals court rules icy roads Are not sudden emergencies Des Moines Iowa a icy roads Are not a sudden emergencies and Drivers still have the responsibility to keep their cars under control the Iowa appeals court ruled today. The court reversed a Buchanan county court finding saying judge t h. Nelson gave incorrect jury instructions on the sudden emergency doctrine in which Drivers Are legally excused when they violate rules of the Road. The Case involves an Accident on Jan 4, 1980. Cars driven by Gail w Ward and Ann Frances Pfiffner crashed head on killing both. The Accident occurred in Black Hawk county on . Highway 20 which was extremely Slippery due to freezing rain and Snow that began about an hour before the crash one witness a Driver following the Pfiffner car said Slippery conditions were obvious since a Van immediately in front of the Pfiffner car kept swerving off the Road and making erratic movements because of the ice. The Pfiffner car suddenly went out of control crossed the Center line and struck the Ward car. The Ward estate brought suit against the Pfiffner estate claiming that Pfiffner did no to have her car under control and negligently caused the Accident. Judge Nelson told the jury that it should Rule for Pfiffner if it found that there was a a sudden emergency which caused her to lose control of her car. But the appeals court said there was no evidence of sudden emergency. A the Slipperiness which caused the Accident cannot be considered to have been sudden or unexpected a the court said the court added a we believe that the Pfiffner woman was aware of the poor driving conditions due to the icy roads and was required to adjust her driving habits accordingly so As to be Able to react safely to the vans veering off and on the the Pfiffner estate attempted to show that the site of the Accident was unusually Slippery thus making the Accident fall in the sudden emergency category. But the court cited a previous Case holding a one cannot ignore known danger and then claim resulting disaster was sudden and unexpected simply because its exact time and place were not the court remanded the Case for proceedings to determine damages against the Pfiffner wants ban outer space warfare Yan Buren ambulance director can do it All by Mary Ovrom Keosauqua since july 1979 when Van Buren county took Over ambulance operation from area funeral directors Gene Wells has been a Busy Man. Wells was named director of ambulance service by the county Hospital Board which was Given supervisory authority for the new service not Only did he get the service going he also trained the first emergency medical technicians Ems to staff it and has organized and taught several first responder units in addition to All of the above. Wells is the full time Art instructor for Van Buren Community school and chief negotiator for the 50 member Van Buren education association he spends most evenings weekends and Summers on the ambulance service known to his friends As a Jack of All trades Wells seems capable of doing several jobs at once. Wells is a certified paramedic in Illinois making monthly trips to Blessing Hospital at Quincy to keep up his certification in Iowa he ranks As an kit although he has Many hours of training beyond the required 120-hour emt course of the 38 Ems he has trained or helped train 16 Are on the county ambulance service and to of these Are employed at the local Hospital an Ideal situation since they can lie at work but available for almost instant response if an ambulance Call comes in three Drivers also Are available both Wells and his wife Bonnie a registered nurse employed at the Hospital work on the ambulance service and take plenty of night and vacation Call duty most of the members in the current emt class Are women who make Ideal ambulance staffers and often Are More available for Call than men. The class is being taught at the Hospital through Indian Hills Community College by Sherry Blough with Wells assisting persons trained As Ems Are Able to assess life threatening situations and stabilize patients before and while they Are being taken to the Hospital because of the time required to reach the far Corners of the county Wells thought it imperative to have first responder units for people who could perform Basic cardiopulmonary resuscitation car and emergency first Aid treatment while the ambulance is Enro Ute. Interest first came in Milton where the City Council promoted a first responder class. The 16 class members there were joined by nine from Cantril to take the training other classes were organized in Stockport and Douds with additional classes being organized at Bir Mingham Bonaparte and Keosauqua before the county took Over am Ulanee service Only Farmington had its own emt group through the Volunteer fire department Wells credits that Community with doing a Fine Job of taking care of the emergency needs of the Southeast Corner of the county Cost of equipment for first responder units comes to Between $3500 and $4000 to pay for pagers and radio. Until september the Federal government picked up most of the Tab. Wells said other sources of funding will be sought for the new first responder units. Plans Are also underway for an advanced level emt class which will allow graduates to Start intravenous feedings and ase equipment to Clear air passages several Ems already have taken continued on Page 12�? Washington a on the premise that it is easier to prevent a military build up than it is to dismantle one. Rep. James Leach a Iowa says it is essential to reach an Accord with the soviets on Banning outer space warfare. A if a Star we arse is to remain fiction the Earth must be protected from holocaust Al weapons systems in space Leach said in a news release because of soviet enthusiasm for using space for its military machines said i each who represents Iowa a first District a it is impossible to ignore the strategic challenges implied by the potential militarization of space a but prudence dictates that an alternative exists As Well that of mutually agreeing to preclude weapons of any kind being placed in space or based elsewhere for use against space targets a he said a the highest National priority should be Given to embarking on negotiations to ban the testing development and use of All weapons in he said a one of the Foremost principles of arms control is that it is far easier and More manageable to make agreements prohibiting what has not taken place than to attempt to restrict weapons that Are part of a country a Arsenal Leach said there Are several existing treaties that limit space weapon activities but that none prevent the testing and development of satellites designed specifically to destroy other satellites. The soviets already have such a Craft and the United states will launch its own soon Leach said. This is bound to escalate he said to More and More sophisticated satellites of War such As the space shuttle. Both the soviets and americans Are a pursuing the development of space weapons with untrammelled enthusiasm a he said a it is incumbent on statesmen of All countries to work to ensure that space is explored not exploited a weather Fairfield area forecast tonight Clear to partly Cloudy. Low in the upper 20s Southeast winds 5 to to Mph tuesday mostly Cloudy High in the Low 50s temperatures saturdays High 36, Low 19. Sundays High 39, Low 31 rainfall 75 of an Inch today at noon 38

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