Banner Graphic, Volume 13, Number 46, Greencastle, Putnam County, 29 October 1982 — Page 3

Anybody know what time it is? It's an annual time warp for Union City and its two-timers

UNION CITY, Ind. (AP) - The annual six-month time warp ends Sunday in Union City, where the state line and the time-zone divide 6,500 people. The time change causes goodnatured confusion on both sides of the border. From May to October, the 2,500 Union City folk on the Ohio side of the line go on Eastern Daylight Time, or “fast time,” while the town’s 4,000 Indiana residents stay on Eastern Standard Time, or “slow time.” After making any appointment, the standard Union City question is, “Is that fast time or slow time?” But this Sunday, Daylight Saving Time ends, and both towns will be united, timewise,

Appeals court has all records sealed in Infant Doe case

INDIANAPOLIS (AP) - The Infant Doe case is officially off limits to the public, by order of the Indiana Court of Appeals. Chief Judge Paul H. Buchanan signed the order which sealed all documents in the. appeal, including records, transcripts, pleadings and briefs. “The clerk of this court is ordered to withhold these items frotn public view and is ordered to permit only personnel of this court and attorneys of record to this matters,” Buchanan’s order said. The case deals with a mentally retarded and physically handicapped baby who died after* a Monroe County judge ruled the parents had the right to follow advice of doctors and withhold medical treatment. Lawrence Brodeur, Monroe County deputy prosecutor appointed guardian for the baby for purposes of appeal, wants the appeals court to say Judge John Baker was wrong to allow the parents to decide what course to take. Brodeur also wants the appeals court to set guidelines for lower courts to follow if a similar case arises. Last weak, the appeals court heard arguments from Brodeur and the parents’ attorneys, An-

Rapist doesn't have to make restitution

INDIANAPOLIS (AP) - The Indiana Court of Appeals says an Indianapolis man who pleaded guilty to a 1979 rape charge doesn’t have to pay his victim’s medical bills. Michael Disney pleaded guilty as part of a plea bargain. It included a recommendation Disney be fined $1 plus costs, sentenced to 14 years in prison with six years suspended, and 14 years probation. Morgan Superior Court Judge James E. Harris accepted the recommendation and sentenced Disney accordingly. At a later hearing where Disney was not present, the judge ordered Disney to make SSOO restitution to his victim as a condition of probation. On appeal, Disney argued the judge erred in requiring restitution when that condition wasn’t included in the plea bargain and wasn’t specified in the record at his sentencing. The appeals court agreed. “Under our statute, the sentencing court may require

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until spring. “As long as the time zone stays where it is, we’re probably going to have problems,” said Mayor Bill Fulk, who presides over the Indiana town and also works as a milk hauler. The problems start around 6 a.m. every morning for Fulk, who picks up raw milk from In-

drew C. Mallor of Bloomington and Nancy L. Broyles of Indianapolis, urging the court to seal all or part of the record. Brodeur agreed the transcript should be sealed, because that contained identifications of the parents, who are known only as John and Mary Doe. But he argued that the briefs should remain available for public inspection. Mallor said Brodeur’s brief, though it did not identify the parents, contained information relating to the juvenile case. The Legislature has said juvenile court matters should be confidential. The appeals court apparently was persuaded by Mallor’s argument, because even the briefs are sealed by the order. However, that order is not permanent. Instead, the sealing of the briefs will be temporary “subject to further order of this court,” Buchanan’s order said. The order was signed Tuesday but was made public Thursday. The parents’ lawyers have asked the appeals court to dismiss the case, on grounds the baby’s death last April rendered the matter moot.

restitution or reparation to the victim of the crime as a term of probation,” Judge Wesley W. Ratliff Jr. wrote. “When a person is placed on probation, the statute requires the court to specify in the record conditions of probation. We believe this requires the court to enter the conditions of probation on the record at the sentencing hearing.” In another case decided Thursday, the appeals court overturned a Michigan City man’s reckless homicide conviction. It said Special Judge C.T. Kitowski of LaPorte Superior Court misstated the law when he gave the jury in Sam Thomas’ trial an instruction on burden of proof. Thomas was convicted of reckless homicide in the October 1977 shooting death of Sterling Veasey Jr. The appeals court said Kitowski properly told the jury the state had to prove Thomas’ guilt beyond a reasonable doubt.

state

diana dairy farms and trucks it across the border to an Ohio processing plant, where it’s already 7 a.m. “We’re an hour late before we get started,” Fulk said. James Nelson, mayor of the Ohio side of town, said he sometimes gets his times confused when he goes to the Indiana side for ceremonial func-

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tions. Ribbon-cuttings at Indiana factories often find him there an hour early. Most factories solve the time problem by never changing their clocks. To correct for the time change in Ohio, they simply change the starting times for their shifts. The one hospital stays on slow time year-round because it’s in

Indiana. Chamber of Commerce chief Benny Fuller, who serves both sides, says he likes watching more late-night television in the summer on slow time because Union City picks up mostly Ohio stations. “The Tonight Show” comes on at 11:30, but Fuller is seeing it at 10:30. For all the hassles, Fulk says, he wouldn’t change Union City, Ind., to fast time. “I run out of day quick enough as it is,” he said. “I prefer to stay a little closer with the sun.” Such idiosyncratic attitudes toward time changes are typical in Indiana, where only 16 of 92 counties will set clocks back Sunday.

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October 29,1982, The Putnam County Banner-Graphic

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