Banner Graphic, Volume 12, Number 96, Greencastle, Putnam County, 31 December 1981 — Page 1

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Oh, no, Mr. Hands, could it be time to call an end to another year? Time to try and remember to put 1982 on all our checks instead of 1981? Time for more resolutions? Just 359 days until next Christmas? Oh, no-

Hanlon nabs youths within 40 minutes

BELLEVILLE- Two juveniles were arrested by Putnamville State Police after an armed robbery Wed-... nesday afternoon at the Handy Corner Grocery, located west of Belleville onU.S. 40. ACCORDING TO POLICE reports, the suspects, wearing ski masks, entered the small grocery at 1:30 p.m. Wednesday, handing employee lona Martin, 56, Route 1, Monrovia, a note. One of the youths had a muzzle-

Proceedings in venued Thomas Flowers case to begin Monday

By BECKY IGO Banner-Graphic Area News Editor A pre-trial conference is set for 2 p.m. Monday in Putnam Circuit Court relating to a case involving juvenile Thomas Flowers Jr., charged with allegedly attacking a Lafayette woman in a June 2 incident. Flowers, also of Lafayette, is charged with two counts of attemped murder, attempted robbery causing serious bodily injury, burglary and attempted rape. THE CASE WAS VENUED to Putnam County due to pre-trial publicity at Tippecanoe County. Putnam Circuit Court Judge William C. Vaughn will preside at the hearing. Explaining the need for the session, Vaughn said, “Basically, it’s held to acquaint me with what stage the case is in.”

New year, old story Colder with a 30 per cent chance of snow flurries tonight. Low in the upper teens. Partly cloudy and colder New Year’s Day. High in the low and mid 20s. Indiana Extended Forecast Saturday through Monday: Fair and cold Saturday. Highs in the upper 20s to upper 30s. Lows in the teens. Sunday continued cold. Highs in the 30s. Lows in the teens to low 20s. Monday a little warmer with snow or rain possibly developing. Abby A 5 Calendar A 5 Classifieds AlO, All Comics A 6 Crossword AlO Editorials A 8 Heloise A 5 Horoscope AlO Obituaries Al 2 People A 7 Sports A 9, AlO Supermarket Shopper Al 2 TV AC, B section Theaters Al 2

Banner Graphic Putnam County, Thursday, December 31,1981, Vol. 12 No. 96 20 Cents

loader pistol stuck in the waistband of his trousers, Trooper Jim White reported but the gun was never displayed to the employee. The robbers took S4OO in cash before leaving the store and heading southbound in a station wagon. MARTIN PHONED police, giving authorities a “good description,” according to Putnamville State Police Commander Sgt. Ron Miller. State Trooper Rick Hanchar recalled seeing a car fitting the

The Occupational Development Center located at 25 S. Vine St., Greencastle, is moving its office. As of Jan. 4, the ODC office will be located on state road 240 East in the Huber Building. The phone number will be 653-8471 or 653-8472. Donna Minnick, case manager, and Amy Dallas, counselor, will be

The length of the hearing will depend on the actions of the defense and prosecuting attorneys Vaughn said. “We need to know if they’re ready for trial? Have they completed discoveries? Should there be orders made by the court?” the judge pointed out.

Nursing home abuse Clodfelter cites 1,300 valid complaints in syears

By DAVID BARR Banner-Graphic Civic Affairs Editor A total of 1,300 valid complaints against Indiana nursing homes in the past five years points to the need for regulatory legislation, Hubert Clodfelter told members of the Greencastle Rotary Club at their Wednesday meeting at the Double Decker. CLODFELTER, WHO IS active in the areas of aging and mental health, spoke on Senate Bill 60, commonly called the nursing home bill, and explained how it could give legislative protection to nursing home patients. The speaker prefaced his remarks by stating that nursing homes in general in Indiana provide the best care in the nation however, 15 per cent have been found not up to standard and presently there are no laws to take action against violaters. The proposed bill which, Clodfelter said, now has strong legislative support, would crack down hardest on those institutions guilty of practices which would impose immediate hazards to human health, with lesser penalties for other infractions. Manimum fines could reach as high as SIO,OOO.

o-o-o-o-o-l but besides bowl games and parties, the arrival of Jan. 1 also gives us time to tell all our friends, "Happy New Year.” Banner-Graphic photo by Steve Fields).

ODC moving again

description of the getaway vehicle parked at the Belleville Addition, located west of Belleville and south of U.S. 40. Eight State Police units and two units from the Hendricks County Sheriff’s Department were dispatched to the housing addition. THERE, BOTH YOUTHS were arrested by State Police Det. Jack Hanlon. All monies were recovered. The arrests were made just 40 minutes after the robbery.

located in the Huber Building. Susan Smith, field representative, will be located in the Putnam County Courthouse in the commissioners office on Fridays, beginning Jan. 8. Any new applicants should contact her for intake applications on Fridays from 9 a.m. to 4 p.m.

"SOMETIMES THE LAWYERS will have a lot of motions,” Vaughn added. “Basically, this was set to get the attorneys down here to familiarize them with what our procedures are down here.” If both attorneys appear ready for trial,

CLODFELTER SAID THAT the Health Facilities Council of 17 members will be restructured to broaden the base for members to be appointed by the governor. Under proposed legislation, verbal complaints to the State Board of Health would need to be verified before an investigation would be ordered. Written complaints would also have to be evaluated before a decision on action would be made. After complaints found to be valid have been investigated, reports will be made to proper authorities and extent of penalty determined. Violaters will be given opportunities to make corrections and should they fail to do so, no new additions would be allowed in their facilities. There is also the right of appeal in the proposed bill. FURTHER FACETS OF the nursing home bill make provisions for professional help to come into establishments in violation and help them get their house in order, Clodfelter said. If the nursing home bill becomes law, costs of implementation in 1982 are expected to be in the range of $40,000. While there is no way to accurately fix 1983 costs at this time, Clodfelter said the amount

Restraining order denied Magoo's sues city over video game ordinance

By ERIC BERNSEE Banner-Graphic Managing Editor The City of Greencastle’s new video game licensing ordinance, already a controversial issue since its Dec. 8 passage, became the subject of a lawsuit Wednesday. MERLE DIXON, OWNER of Magoo’s Family Fun Center on Washington Street, and CPC Music Inc., owner and supplier of the electronic games, have filed suit against the city in Putnam Circuit Court, seeking declaratory judgment that the ordinance is “null and void as beyond the power of the City of Greencastle.” The suit also asked that a temporary restraining order be issued, preventing the ordinance from taking effect on Jan. 1 and asking that an injunction hearing be set. That motion, however, was denied Wednesday by Putnam Circuit Judge William C. Vaughn 111. The plaintiffs, Vaughn explained, did not conform completely to the requirements of the law governing temporary restraining orders. Specifically, the judge said, the plaintiffs would have to post a security amount equal to the amount that would be required to pay licensing fees. Since Magoo’s presently has 22 electronic video games, the fee-and security-would be $2,200. THAT $2,200 SECURITY would have to be filed first, Vaughan said, before a restraining order could even be considered. The judge, however, did not rule out the possibility of a restraining order at a later date if security requirements are met by Dixon and CPC Music. Vaughn’s denial, however, does not affect the complaint for declaratory judgment. The plaintiffs charge that the city’s licensing of each machine on the premises of Magoo’s and other such establishments “is an attempt to exercise a power prohibited to said city” under Indiana Code and “is, therefore, improper, illegal and void.” “THE CITY SEEKS TO impose a license

a court date will be established with the hearing possibly taking place in March, Vaughn said. Tippecanoe County Prosecutor John Meyers and Deputy Prosecutor Richard Rudman will handle the state’s case. CONTACTED THURSDAY morning via phone, Rudman declined to comment. “Since a change of venue has been granted because of pre-trial publicity, I feel very constrained to make any comments,” he told the Banner-Graphic. “Any comments coming from our office,” Rudman continued, “would have to be made by Prosecutor Meyers.” Meyers, on vacation, was unavailable for comment. Flowers will be represented by Tippecanoe Public Defender Brent Westerfield. He was also unavailable for com-

could be around $250,000 which would figure out at five cents per citizen of the state. Clodfelter said surveys have shown that 47 per cent of those in nursing homes had money when they went in and now that it is gone, they must rely on Medicaid. CLASSIFYING NURSING home residents by ages, Clodfelter said 86 per cent are over 65 and 55 per cent are over 80. Fifty per cent have no spouses and 80 per cent have no close relatives. The mentally retarded patients under 65 represent the most helpless segment of society, the speaker said. Supporting passage of the nursing home bill are most Senior Citizens groups, churches of a number of faiths and labor organizations. Locally, Rep. John Thomas and Sen. Ed Pease have voiced their support. Clodfelter said the law would impose no new regulations on those nursing homes which are already operating under accepted standards, but its passage would provide a legal vehicle to deal with the 15 per cent who are operating below such standards.

or other fee greater than reasonably related to the administrative costs of exercising a regulatory power,” the plaintiffs contend. If allowed to take effect, the city ordinance “will cause immediate and irreparable injury, loss and damage to the plaintiffs,” the suit alleges. “The plaintiffs have no adequate remedy at law to prevent the immediate implementation of said ordinance on said date.” No hearing date has been set in the suit. Thus, without the granting of a temporary restraining ordinance, the new law goes into effect Friday, requiring a SIOO annual licensing of each machine used for profit. THE CITY COUNCIL first talked of such an ordinance at its November meeting, noting a 1931 regulation establishing fees for billiard tables, pinball machines and other mechanical or electronic “gaming devices.” The fees collected, it was reasoned, would help offset city expenditures for parking meters, benches and other city property allegedly vandalized by patrons of the downtown establishments catering to the younger crowd. Although it was argued that such reasoning was guilt by association and Dixon himself said the $2,200 licensing fee was more than his business could bear, the City Council passed the measure unanimously Dec. 8. Although its passage seems intent on controlling businesses specializing in such machines, its licensing requirements will be the same for Kroger, Marsh, the DePauw Union and other public places in the city that have tucked video machines into every available spot. CERTAIN TO BE A MAJOR part of the debate over the ordinance will be its language, with such phrases as “gaming devices” being points of contention. “If a “gaming device” is a gambling device, as defined, how can the city license gambling?” one former city official asked. The text of the ordinance in question, No.

ment when attempts were made Thursday morning. NORMALLY, JUVENILE CASES are not considered public record, but Flowers’ case was waived to adult court after Tippecanoe court action on July 16. At that time, Mary Gobble, a probation officer, told the court the defendent had “numerous” referrals to the juvenile court of Tippecanoe County. It was also pointed out in court that Flowers had been committed twice to the Indiana Boy’s School and his involvement in another offense was waived to adult court, according to Gobble’s testimony. COURT RECORDS SINCE transferred to Putnam County clerk’s office, show the attempted murder charge was filed because the defendant “did knowingly and intentionally attempt to kill (the victim) by stabbing her with a knife and striking

Putnam kindness means Christmas gifts for each nursing home patient

“We wish that all the generous and thoughtful people who contributed Christmas gifts and monies in Putnam County could see the gaiety and share the joy of the patients at Central State Hospital and at our Putnam County nursing homes when Mental Health Association volunteers distributed the specially selected gifts,” Mrs. Rose South, county Christmas Gifts Program chairman, said. “THE SORTING AND selection process by MHA volunteers is truly a labor of love, requiring a great deal of time and sensitivity to the needs of patients.” The Putnam County Mental Health Association began its Christmas Gift Drive on Nov. 1 and by Christmas Day, the donations of gifts and monies were adequate enough to provide a gift for every nursing

1981-10, follows: WHEREAS, IT HAS been determined by the Common Council of the City of Greencastle, that there is widespread use of billiard tables, electronic video games, pinball machines and other mechanical or electronic gaming devices within the limits of the City of Greencastle, and; WHEREAS, the City of Greencastle has, by ordinance, previously regulated and licensed such devices and established fees for the licenses therefore, and; WHEREAS, the last such ordinance was dated the 27th day of January, 1931, and the fees for said licenses have not been increased since that time, NOW, THEREFORE, BE IT ordained by the Common Council of the City of Greencastle, as follows: 1. That effective Jan. 1,1982, there shall be an annual fee of $lO for each and every pool or billiard table located in any place, public or private, provided that said pool or billiard table is used for profit or a fee is charged for its use. 2. That effective Jan. 1,1982, there shall be an annual fee of SIOO for each and every electronic video game, pinball machine or any and all other mechanical or electronic gaming device that is used for profit or a fee is charged for its use. 3. THAT NONE OF THE provisions of this ordinance shall apply to any billiard table, electronic video game, pinball machine or any and all other mechanical or electronic gaming device used, owned or possessed in private dwellings. 4. That the persons responsible for the payment of such fees shall be either the persons owning such devices, using such devices or the persons, corporation or other entity occupying the premises where such devices are housed. 5. That any person violating the provisions of this ordinance and operating any such device without a license and without the payment of the fee for such license shall be subject to a fine of SSOO for each unlicensed device in their possession as defined herein.

her with a heavy cooking pot.” Again, during earlier court action in Tippecanoe County, Lafayette Police Officer Thomas Rankin testified he discovered the victim lying on a bed in her apartment and observed a paring knife, with the blade bent at a 90-degree angle, lying on the floor. The victim’s sister also told police she was sleeping in her sister and brother-in-law’s apartment when the attack occured. Around midnight June 2, the relative heard her sister scream and call her name several times. After walking into the bedroom of the apartment, she found the victim covered with blood. TWO OTHER WITNESSES, living at the same apartment complex, told police they heard a woman scream for help the night of the attack. Both believe the cries came Col. 3, back page, this section

home patient in the county plus a gift for each of the 25 patients in a young persons ward at Central State Hospital. The association has been sponsoring a party and gift program at Central State for many years. Cookies, candy and fruit were taken to the ward on Dec. 13 by MHA volunteers and board members. The association is one of the few outside of Marion County that sponsors a party at Central State. “A SPECIAL NOTE OF thanks from the Mental Health Association goes to the Women’s Guild. St. Andrews Church and to the RSVP volunteers who wrapped and tagged the gifts. Also a thank you to Barbara South who used the Christmas Gift Drive donations to purchase additional gifts,” added Barbara Lane, PCMHA executive director.