Banner Graphic, Volume 10, Number 120, Greencastle, Putnam County, 24 January 1980 — Page 3

Butler denies political pressure was used in shoplifting incident

INDIANAPOLIS (AP) A state legislator who admitted taking sll worth of merchandise from an Indianapolis supermarket says no political pressure was used to keep him from being charged with shoplifting. Rep Gary L Butler. D-Lawrenceburg, issued a statement Wednesday explaining the circumstances of the incident, which occurred at a westside Marsh Supermarket on Sunday. Jan. 6. the night before the 1980 legislative session began. The lawmaker said he “inadvertantly and unintentionally” took some razor blades, shoe polish and a showerhead from the store Sixteen days later, executives of the grocery chain decided not to press charges against Butler. Marion County Prosecutor Stephen Goldsmith said his office is honoring that decision. communicated to him late Tuesday. “I did not then, or now. intend to take without paying for those items, worth about $11.” he said. “I did pay for an armload of items which I carried to the cash register. While waiting in fine at the checkout counter, in my preoccupation with other concerns of a personal nature, I forgot that I had those items in my coat pocket." While the prosecutor’s office was investigating the matter several legislators, including House Minority Michael K Phillips. D-Boonville, called the office to intercede on their colleague’s behalf. Similar calls were made to Marsh, a store employee said "I received calls, all of which were supportive of the representative, requesting that the charges not be filed," said Goldsmith. "Had the calls been overt requests not to initiate charges, we would have brought action against the caller. But the requests didn’t reach that level.” In his statement. Butler denied knowing who called the prosecutor or the supermarket officials. But Phillips said he told Butler he was going to call Goldsmith. “I’m sure I maybe mentioned the fact that I called, but it wasn't any major discussion,” Phillips said. “I told the prosecutor that I’ve known him (Butler) for over 10 years, his family, his kids. I have the highest regard for Gary and his integrity. Those who know him will feel similarly.” Phillips added that he told Goldsmith the whole episode "was nothing more than a grossly exagerated and unfortunate misunderstanding.”

There were reports that Marsh decided not to prosecute because of pressure applied by legislators. “To my knowledge, no political pressures were exerted on Marsh or the prosecutor seeking special treatment for me. The matter is now closed after Marsh asked for and received a release from its potential liability to me for libel and slander.’’ he said. “The prosecutor announced his intentions to treat this matter like any other. To my knowledge, he has done so.” Randall Reynolds, assistant manager of the supermarket, said he saw Butler put the stolen items in his overcoat pocket after looking up and down the aisles to see if he was being watched. “This accusation was false,” Butler said. “But the employee chose not to believe me at the time.” Butler noted that a deputy sheriff arrived at the store, but did not arrest him. But Reynolds said Butler invoked legislative immunity, a constitutional provision that protects legislators from arrest for anything but felonies, treason or breach of the peace going to or from and during the legislative session. Phillips denied there Butler was being pressured to abandon his re-election bid for fear he would be defeated and the Democrats would lose another seat in their quest for a majority in the House. “Absolutely not. This thing has been blown way out of proportion,” Phillips said. “The issue is gone. It’s resolved.

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Transportation merger bill receives House okay

INDIANAPOLIS (AP) - A bill designed to provide ? comprehensive approach to the state’s transportation needs has won the approval of the Indiana House and now faces another test in the Senate. The bill, sponsored by Reps. Nelson Becker, R-Logans port and Alan Zirkle, D-Kokomo, passed 70-27 despite criticism that it would just add another layer of government to the area. In other action Wednesday: —The House passed and sent to the Senate a bill to provide an alternative verdict of "guilty, but mentally ill” for persons who invoke the insanity defense. —A bill allowing school officials and police to search school lockers for contraband cleared the amendment stage and is

Pathologists say burns were cause of deaths

WINAMAC, Ind. (API - Two pathologists said a pair of teenage sisters killed in a fiery Pinto car crash would be alive today if not for the bums they sustained when their car exploded in flames. Dr. Robert J. Stein, a Cook County, 111., medical examiner, and Dr. James A. Benz, chief of pathology at Indianapolis’ Wishard Hospital, testified Wednesday that Judy Ulrich, 18, and Lyn Ulrich, 16, suffered only minor injuries when their 1973 Pinto sedan was struck from behind on a northern Indiana highway. Ford Motor Co. is charged with reckless homicide in connection with the August 1978 crash. No autopsy was performed on the third victim, Donna Ulrich, 18, the sisters’ cousin. Stein said Judy Ulrich, who lived for eight hours after the crash, suffered burns over 95

now eligible for a final House vote. —ln the Senate, a move to ban storage of nuclear or other hazardous wastes on land zoned for agriculture failed on a 34-12 vote. The transportation bill would merge the State Highway Commission, the Indiana Toll Road Commission and the Indiana Toll Bridge Commission into a new Department of Highways. The port and aeronautics commissions, along with some smaller non-road agencies, would be merged into a Department of Transportation. A five-member transportation coordinating board, including the heads of both departments, would oversee both. The bill is a result of 18 months of work by the Sunset

state

percent of her body but had no evidience of any external or internal injuries. "No injuries were sustained," he said. "If this mishap had not occurred, Judy Ulrich would be alive.” Prosecution attorneys have been trying to establish through medical testimony that the force of the crash was insufficient to case traumatic injuries, and therefore it was the defective fuel system, not the rear-end impact, that caused the car to explode. Benz, who specializes in autopsies on burn victims, said Lyn Ulrich, who was sitting in the back seat, suffered no neck or back injuries, which he said are “very common” in such accidents. She suffered a slight skull fracture above the right eye and a broken right thigh, Benz said. Pulaski Circuit Judge Harold Staffeldt refused to allow Benz

Evaluation Committee, a legislative panel whose task is to review the function of various state agencies and make changes where necessary. “I think we’ve spent a lot of money and we’re not going to get very much,” said Rep. William L. Long, R-Lafayette and chairman of the House Ways and Means Committee. "We re leaving all the departments the same. We’re not changing a thing. We’re just adding another layer on top,” said Rep. Jack Mullendore, RFranklin. "My grandfather used to tell me, ‘lf it’s not broke, don’t fix it.’ Certainly our transportation is not broke. So don’t let’s take the chance of breaking it by fixing it when it doesn’t need it.” The insanity defense bill, sponsored by Reps. John Don-

to speculate on how great a force would be needed to cause the broken thigh. Attorneys for both sides disappeared into closed meetings after Wednesday’s testimony to strike a deal the prosecution hopes will allow it to introduce key documents about the fuel system in Pinto subcompacts. “We’re not ready to throw in the towel,” Prosecutor Michael Cosentino said. “That’s baloney. We’ll be around for a while.” Cosentino said he will press his case even if he is unable to reach an agreement with Ford attorneys about the documents, which the state maintains show the automaker Ford knew the Pinto fuel tanks were unsafe but did nothing about it. Staffeldt ruled Tuesday that the documents cannot be presented without accompanying proof that the evidence is authentic.

aldson, R-Lebanon, and Peter Katie, D-Hammond, was approved 88-10. "This is a bill that the public wants and wants desperately,” said Katie. "I think this will solve the abuse of the insanity plea.” Currently, a judge or jury can return one of three verdicts in an insanity plea case: innocent, guilty or not responsible by reason of iasanity. This bill would add a fourth option, allowing judges to sentence persoas found guilty but mentally ill to the same penalties a sane person would face for the crime. The locker search bill, sponsored by Rep. Paul Uric, Dllammond, advanced to the House Tor a final vote despite an attempt by Rep. William Crawford, D-Indianapolis, to

Gallons currently used

Price tax base likely to win task force approval

INDIANAPOLIS (AP) - A proposal to increase highway revenues by taxing gasoline by gallons instead of price appears the most likely to win approval from a special Indiana HouseSenate task force. At a task force meeting Wednesday, Rep. J. Jeff Hays, DEvansville. and Sen. Louis J. Mahern Jr., D-Indianapolis, said Democrats might support higher gasoline taxes if some of the additional money went to aid rural counties and to help finance urban mass transit. They indicated that minority Democrats also want to be consulted on such issues as additional aid for schools. Rep. Thomas D. Coleman, RNew Castle, said after the meeting that changes in the highway aid formula to help rural areas are possible and that counties could be given bonding authority or optional taxing powers. But Coleman said pro-

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January 24,1900, The Putnam County Banner Graphic

provide more safeguards for the privacy of youngsters. “This amendment provides school officials with the authority to go into a school locker if they have reasonable cause to believe they will find alcohol, dangerous drugs or deadly weapons and for no other reasons,” said Crawford "The students do not leave their constitutional rights at the schoolhouse door.” The House voted 87-27 to defeat Crawford’s amendment. Sen. Michael C. Kendall, DJasper, attempted to include the prohibition against storing hazarous wastes on agricultural land as an amendment to a bill dealing with oil wells. Kendall’s attempt was opposed by Senate President Pro Tern Martin K. Edwards, R-New Castle, who said it was an attempt to cir-

viding money for mass transit from already-short highway funds may be a problem. The committee, which includes members of both parties from the House and the Senate, was set up by leaders of both chambers earlier in the session to work out a highway funding plan. Although the committee took no action Wednesday, there seemed to be a concensus that if any tax increase was approved it would be the change from a gallon tax to a levy on price. Rep. Nelson J. Becker, R-Lo-gansport, advocated that change in the gasoline tax. The tax now is 8 cents a gallon and revenue collections have been dropping because of gasoline shortages and conservation stimulated by higher prices. Becker said that a 7 percent tax on price, imposed Jan. I,' 1981, would raise about the

cumvent the committee system. In Senate committee actiorv the Public Policy Committee approved and sent to the floor a bill allowing teen-agers to get prenatal care without getting parental permission. The Senate Judiciary Committee sent to the floor a bill to substitute state exemptions for more generous federal ones in bankruptcy cases. The bill would mean that lloosiers filing bankruptcy in federal court would be able to hold onto fewer of their assets. In addition, the Judiciary Committee approved legislation providing suspensions of up to two yars for persons convicted of drunken driving when the evidence showed a blood alcohol content of .20 or more.

same initially as the present 8-cent-a-gallon tax, which will raise an estimated $267.8 million this year. Becker said if the Legislature decided to raise more money; for highways the tax could be* pegged at a higher percentage. Becker’s proposal is based on his estimate that the pre-tax price of gasoline will average $1.20a gallon by Jan. 1.1981. Mahern stressed that much of the support for a tax based on price would come in exchange for consessions from the Republicans on money for mass transit and rural roads. Hays said he could not predict how much support a tax plan such as Becker's would have among House Democrats, but he said there probably would be some Deomocratic votes for it. The Becker plan has general support from Senate Republicans.

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