Banner Graphic, Volume 10, Number 173, Greencastle, Putnam County, 26 March 1980 — Page 3

Van Orden to be arraigned April 7

EVANSVILLE, Ind (AP) A Vanderburgh Circuit Court judge has set an April 7 arraignment date lor Julie Van Orden, the woman accused in the death ot former Mayor Russell G. Lloyd. In a brief but emotional court proceeding Tuesday. Judge William H. Miller also appointed a lawyer for Ms. Van Orden, 35. who now faces a murder charge. In a nearly inaudible whisper, she told Miller she couldn’t afford to hire a lawyer. But minutes later, when he asked about her house and property, valued at $15,000, she raised her voice in anger. "They’ve taken enough from me. They'll take my life anyway.” she said "Leave my house alone. Let my mom have that." Miller appointed Charles Berger to serve as Ms. Van Orden’s lawyer. Whether the court will attach her property to pay the legal fees "is a question for the county attorney to decide,” Miller said. Helen Juanita Martin, Ms. Van Orden’s mother, was among those who attended the proceeding. Police said Mrs. Martin was released Monday

Garwood hearing reconvenes CAMP LEJEUNE, N.C. (AP) Marine Pfc. Robert Garwood headed back to court today for the resumption of his courtmartial on charges of desertion and collaboration with the enemy in Vietnam. Defense lawyers planned to argue a stack of motions, including appeals for a change of venue and for dismissal of the charges. Dermot Foley of New York City, Garwood's civilian lawyer. said the defense will seek dismissal by arguing the military is selectively prosecuting Garwood, has interferred with his ability to defend himself and lacks jurisdiction to prosecute Garwood. Garwood could receive a fnaximum sentence of life in prjson if convicted. The 33-vear-old Indiana native disappeared near Da Nang jn 1965 and spent nearly 14 years in Vietnam before returning to the United States last March. Garwood’s court-martial opened earlier this month with an administrative session, and a recess followed for preparation of motions. A major contention of the defense is that Garwood was ■merely one of many prisoners ■of war who cooperated with the •Vietnamese communists out of fear. Defense attorneys emphasize that Garwood is the only ■American serviceman to be fried for collaboration in Vietnam. • The defense suffered a severe setback when the trial opened. -The military judge, Col. Robert E. Switzer, refused to give the defense copies of propaganda tapes and statements made by ■other POWs for the communists. Arguments on new motions are expected to take the rest of the week, and testimony still appears several weeks away. Foley has an unrelated case to handle in early April, and Switzer has indicated a recess during that time will be likely. Garwood is charged with: —Soliciting American soldiers to lay down their weapons and stop fighting. —Deserting in time of war. —Collaborating with the enemy by acting as an interpreter, informer, interrogator, indoctrinator and guard for the enemy.

Doctor found guilty

INDIANAPOLIS fAP) - A federal court judge convicted a :Connersville doctor Tuesday on 33 counts in connection with an illegal drug ring but cleared him of the 34th count the one that could have cost him his income and personal possessions. Dr Bertram W Sanders, 55, was found guilty of fraud and

from an Evansville hospital where she was taken for observation. Patrolman David Cook said workers at a city supermarket reported Saturday that Mrs. Martin had asked them to help her find the telephone number of Mayor Michael Vandeveer. Cook said Mrs. Martin did not threaten the mayor in any way, but said she only wanted to talk to him Prior to Tuesday’s court proceeding, Vanderburgh County Prosecutor Jeffrey Lantz revised the charge against Ms. Van Orden from attempted murder to murder. He said there was “no way” he could seek the death penalty in the case, adding that “if 1 could I would, because I think that’s how the public feels.” But under state law, he said, prosecutors must prove existence of one of nine aggravating circumstances before the death penalty can be sought. In this case, none of the circumstances applies, Lantz said. "I cannot seek the death sentence if it does not comply with the statute. But I personally do not agree with the law," he said.

Indiana joins probe of coal investment schemes

INDIANAPOLIS (AP) - Indiana has joined six other states in a federally financed probe of coal mining investment schemes that could involve fraud and tax evasion, Secretary of State Edwin J. Simcoxsays. Simcox said Tuesday the sev-en-state investigation will also include looking into stolen mining equipment, coal company bankruptcies and the defrauding of banks with phony loan applications. Simcox’s Securities Division will coordinate the Indiana investigation, along with the white-collar crime unit of the Indiana State Police. The federal Law Enforcement Assistance Administration announced earlier this year it was earmarking $1 million for the investigation. Indiana’s share is $130,000 for one year, Simcox said. Simcox said the Indiana investigation will focus on the sale of limited partnerships in coal mining ventures, which he said frequently are used as tax shelters. Simcox said at this point, there is no evidence of wrongdoing at any Indiana coal mines or within any legitimate coal mining companies in the state. State Securities Commissioner Stephen M. Coons said Indiana residents have purchased partnerships in about 50 investment ventures.

Company indicted for deaths

PAOLI, ind. (AP) - A Corydon company has been indicted by a grand jury on two counts of reckless homicide in the deaths of two people killed when a huge earthmover went out of control in Paoli Square earlier this month. An Orange County grand jury

conspiracy after he falsified medical records and distributed controlled substances. i But U S. District Court Judge Cale J Holder cleared Sanders of the 34th grand jury count that charged him with continued criminal enterprise from January 1977 to December 1979.

Some work to resume Monda

NRC gives go ahead to Marble Hill construction

MADISON, Ind. (AP) The Maarable Hill nuclear generating statino, where safety-related work was halted in August, could resume some construction next monday, a Nuclear Regulatory Commission official says. “The NRC has been putting a lot of effort into Marble Hill,” James Keppler, director of the NRC’s Chicago office, said Tuesday. “Things are proceeding very slowly, but we’re convinced it will be among the safest plants in the country because of that." Keppler was interviewed before a public meeting on the plant. The public hearing, the NRC’s first on Marble Hill since 1977, drew about 500 persons to a junior high school cafeteria Tuesday night. Top NRC officials from Washington and Chicago and top mmanagement from Public Service Indiana, the utility building the plant along the Ohio River near Madison, participated. Work on structures that would involve nuclear material was halted under an order issued by the NRC. PSI voluntarily stopped work Aug. 7 on the plant’s two reactor containment buildings and an auxiliary building, which will house back-up safety systems. Eight days later, the NRC ordered that work could not resume until PSI submitted a plan on how it w ould correct numerous construction problems. The NRC said problems included concrete work, inadequate management procedures and an inadequate staff, both in number and qualifications, overseeing construction. NRC officials said information gathered at the hearing would be considered by commission officials in their review of PSl’s plans to resume work. The five NRC commissioners in Washington w ill make the final decision on when and under what conditions work is allowed to resume The meeting brought together many of same people who participated in 1977 public hearings in Madison when PSI was

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EDWIN SIMCOX Announces probe

Coons said many of partnerships are formed solely for the purpose of giving investors a tax loss and may violate federal and state tax laws. The names of the investment ventures have been turned over to the Internal Revenue Service, he said. He said that in 10 cases in Indiana, the companies either owned no leases of coal mining property or had title problems with leases. In another seven cases, the companies failed to inform investors about criminal convictions of the general partners, he said. In none of the cases was the property owned or leased by the investment ventures located in Indiana, he said. Coons declined to identify the

returned the indictments against Finn Construction Co. of Corydon on Monday. The panel also indicted Gerald Finn, 36, on two counts of reckless homicide. In addition, the company has been cited by Paoli Policeman Bob Padgett for permitting the

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50 investment ventures by name. State Police Sgt. David J. Crose, head of the white-collar crime unit, said the investigation into stolen equipment will focus on whether there has been any organized crime * involvement. Other states involved in the investigation include Alabama, Georgia, Kentucky, New York, Pennsylvania and Virginia, Simcox said. Coons said Indiana officials have been investigating coal mining investment frauds on a limited basis for the past 18 months and one case is pending in Wells Countv. In addition, he said, the sev-en-state probe has resulted in grand jury indictments in other states and further indictments are expected. Simcox said the tax fraud aspect alone is estimated to cost the states involved in the probe about sl2 million a year in lost revenue. Simcox said the federal money will be used in Indiana to hire a staff attorney, a secretary and two investigators. He said he expected the federal government would continue to fund the investigation beyond this year.

operation of a vehicle with no brakes and for violating the terms of a state permit. Finn, an employee of the construction firm, was the driver of the earthwmover which police said crashed into two pickup trucks in front of a clothing store in Paoli Square.

Equipment sits idle after the Marble Hill plant was shut down

applying fora permit to build the plant. Members of antinuclear groups showed up in large numbers as promised. Many carried signs reading, “NRC Don’t Trust PSI. We Don’t And We Live Here.” They were also some carrying pro-nuclear signs. Victor Stello Jr., director of the NRC’s national Office of Inspeftion and Enforcement, w'ho conduced the meeting, encouraged the public to comment only on the PSI plan to resume work but said more general comments would be accepted near the close of the meeting.

State cites home for elderly for poor living conditions

INDIANAPOLIS (AP) - The administrator of a private home for the elderly that could lose its license soon says he is tired of “harrassment” from the state and is willing to “walk out” if someone wants to take over the operation ot the facility. Arthur W. March, administrator for St. Ann’s Home, a private facility in Hammond that houses 125 persons, made the comment after state officials told him to upgrade living conditions there or lose licensing. The Indiana Health Facilities Council, a licensing arm for the State Board of Health, has given March until June 17 to take care of the problems or arrange to transfer the residents to other locations. Repeated deficiencies in sanitation, housekeeping and maintenance at St. Ann’s were cited by health inspectors in early and mid-1979 and again this year in a study coordinated by the Northern Indiana Health Systems Agency. The reports said “rodent droppings ... noted on and in beds as well as elsewhere in the facility” and “insects ... throughout the facility.” Improper cleaning of food utensils and handling of food also was noted, as well as loose or crumbling floor tiles, ripped and torn furniture and carpeting and cracked ceilings and walls. The study recommended that “this facility must be closed immediately. We cannot, in good conscience, recommend anything less.” March concedes that there are structural and sanitary problems at the home, whose residents receive state assistance to pay room and board fees. But he said the state must share part of the blame. At least 36 percent of St.

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Ann’s present residents formerly were housed at Beatty State Hospital at Westville before it was turned into a correctional facility. March traces his financial and maintenance problems to two years ago, when he agreed to accept 80 patients from Beatty. Before that. St. Ann’s housed private geriatric patients, March said, a clientele that has dwindled because of the influx of former mental patients. Built in 1917 as a hotel, the facility has the capacity for 230 persons. March said that for the past few years, it has been only about half full. In the meantime, March said, he added staff above the number required for a room-and-board assisted facility because some of the residents were determined to be chronically mentally ill. March said the extra expense and what he considers the low state payments led him into financial difficulty, with the maintenance budget suffering severely. “I thought I could do the job,” he said. Theodore J. Foti, a nursing home administrator in South Bend who participated in the study, agrees that the state allowance of $375 a month “is insufficient either to provide appropriate services ... or allow the proper incentives to encourage providers ... to enter into the program.” There are 22 other homes licensed by the state as residential facilities for those who qualify for room and board assistance. Statewide, 375 persons receive such assistance, at an annual cost to the state of about $565,000. Enacted in 1976 by the Indiana General Assembly, the program is designed to aid persons who are unable to remain at home

March 26,1980, The Putnam County Banner Graphic

When the time came, people from both sides of the river participated in more than 2'-> hours of comments Thomas Datillo of Madison, an attorney for the environmental group Save the Valley, asked NRC members if they would be willing for an independent civil engineer to conduct tests on the strength of concrete and safety structures, so the public would not have to rely on conclusions reached by/’engineers paid by PSI.” Stello said the NRC would consider the request and would be available to discuss it with Datillo later.

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