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View Sample Pages : Kokomo Tribune, May 18, 1994

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Kokomo Tribune (Newspaper) - May 18, 1994, Kokomo, Indiana Vol 143 Kdkamo Infl Wednesday May 50 cents Judge opens door on tort claim notices ByLISAFIPPS Tribune Tiptbn Bureau TIPTON Ind Tipton Circuit Judge Dane P Nash on Tuesday ordered Northern School Corp to make copies of claim notices available to the Kokomo Tribune Nashs order came after Mark McCann who represents the par ents of two Northern School Corp girls who have alleged teacher and coach Donald W Garner made sexual advances toward them told the judge the parents never intended the notices to be confidential The Kokomo Tribune asked Nash to declare the tort claims a public record Since McCann agreed to sign a release to make the document available to the Tri bune the court did not have to rule whether or not the document was a public record However the document is now unsealed in the court records of the case and is therefore now a public record in the court system The notice of the toft claim the first step in civil litigation was filed in March by Kokomoattor ney McCann April 28 in Tipton Circuit Court the Kokomo Tri bunes attorney C Michael Cord filed a complaint under Indianas Open Records Act to view the document after the Tribunes for mal written request to seedie doc ument was denied by Superinten dent Harry Day on April 14 During Tuesdays hearing McCarin said he and his clients had a different agenda than the Kokomo Tri was sure tMf his clients potential civil claim against Northern was hot compromised The tort claim notice was not intended to be held in strict confi McCann said Therefore he agreed to sign a release to make the document available to the Tribune McCann said it was previously unclear as to what type of release the school was talking about and advised his clients not to release it but rather proceed with their main concern the This was a side issue to the main issue were involved McCann said Days Indianapolisbased attor ney Jon Bailey previously told the Kokomo Tribune that the school had no particular interest in keep ing the record confidential but said the school would heed per mission from the parents to release the document Please see Judge Page Claims allege sexual advances Editors note The Kokomo Tribune has elected not to publish the names of the par ents or students in the follow ing story until A lawsuit is actually filed in this case TIPTON Ind Tort claims filed by two Northern School Corp families were released for public scrutiny in Tipton Circuit Court Tuesday after the families attorney said they had not intended for the documents to be confidential One of the claims alleges that Northern teacher and coach Don Garner made sexual advances toward a girl when she was 11 and 12 The parents allege the advances were made during the 199293 school year at TriCentral Elementary School and consisted of physi cal contact with the girls breast and buttocks The last incident occurred in the spring of the 1993 school year according to the tort Garner 2303 Carmelita Blvd in Kokomo has been continued by Northern in his assignment as a varsity girls basketball coach despite a known history of making sexual advances toward adolescent according to both tort claims In the second tort claim a 12 yearold child alleges that Gar ner had her breast artdbtittbcks the year at the elementary school The incident allegedly occurred on the last day ofrschooiin 1993 according to the tort claim The parents in both tort claims allege Northern School Corp was negligent in allow ing the children to be subject to the propensities Of Donald The parents allege they and their daughters have sustained severe psychological damage and emotional suffer ing and have incurred and will continue to incurr medical expenses to treat them The parents are seeking in damages in each tort claim notice from the school corporation The school corporation has denied the tort claim saying the incidents as stated did not occur and that the claims were not filed in a timely fashion Howard County Coroner Jeff Stout frontback and Deputy Coroner Steve Seele investigate a double fatality acci dent with Howard County Sheriff Deputy Dennis Vondersaar Tribune photo by Tim Bath Kokomo couple die in accident An elderly Kokomo couple died in a twovehicle accident at Tuesday at Dixon Road and County Road 300 West The 20yearold driver of the other vehicle was injured Harry F Hamilton 72 and Julia Claire Hamilton 71 both of 1143 S Delphos were pronounced dead at at the scene by the Howard County Coroner Jeff Stout The official causes of death were massive internal injuries Stout said Matthew S Graves S Road 650 West Rus siaville was treated and released from Howard Com munity Hospital for minor bleeding to his face according to hospital community relations Howard County Sheriff deputies said the accident marks the third fatality on Howard County roads in a 14hour span Twentyoneyearold Adam Rose died Tuesday morning in a twocar accident According to sheriff department reports Harry F Hamilton was driving west on 300 South in the cou ples 1986 Ford when according to witnesses the vehicle pulled out in front of a 1988 Chevrolet truck driven by Graves Graves was northbound on Dixon Road Police said that none of the three victims was wearing a seat belt Stout said the accident is still under investigation by the coroners office to determine why they the Hamiltons were out that way and why they pulled out in front of Graves New stamp NOTI Fox Broadcasting Co has proposed cartoon character Bart Simpson be featured on a postal stamp The Postal Service how ever rejected the offer saying it might be too much of a commercial endorsement The stamp shows Simpson as Elvis Presley AP photo Teens regret youthful sex Many started at age 15 NEW YORK AP Most sexu ally active teenagers in a national poll say they lost their virginity too soon but not because of pres sure from their friends or dates Fiftyfour percent of those who have had sex said they should have waited the Roper poll found The sexually active teens gave on average 17 as the best age to begin sexual intercourse two years older than the average age they said they began Most said they started not because of peer pressure 4 per cent or from the partner 6 per cent but because they wanted to 78 Nine in 10 of the teens in the ppll denied they feel pressure from friends to have sex and 83 percent said they feel no pressure from TV or movies a nationally syndi cated talk show commissioned the poll for a program today with help from the Sexuality Informa tion and Education Council of the United States a New Yorkbased interest group One of the things this poll sug gests is how confused young peo ple are in America about sexuali said Debra Haffner the groups executive director I mink theres a lot of contradiction between their attitudes and what theyre Telephone interviews with 503 students in grades nine through 12 were conducted last month by Roper Starch Worldwide Results have a margin of sampling error of less than 5 percentage points Fortyone percent said they engaged in sex with penetration and almost threequarters of them said they did it in the homes of their parents or their partners parents Six in 10 said they believe their parents know about their sexual behavior Eight in 10 of the sexually active said they use con doms all or most of the time but the bad news for AIDS prevention is that 21 percent reported four or more partners and only 57 percent always use a condom The report Teens Talk About Sex is available for from SIECUS Publications 130 W 42nd St Suite 2500 New York 10036 Inside today Local Local Vietnam veterans talk to Maconaquah High School students about their image Page A3 Style Sample some strawberries soon Page B2 Sports Eightyear drought is over for Kokomp girls track team Page A8 Also inside Business Classified Dr Local News of Stv Wo PRINTED WITHl ISOVINKl ;