Banner Graphic, Volume 13, Number 117, Greencastle, Putnam County, 24 January 1983 — Page 1

Defense asks that Hubbard jury be sequestered

By BECKY IGO Banner-Graphic Area News Editor Fifty persons were questioned in Putnam Circuit Court Monday morning as jury selection began regarding the murder trial of Coy Hubbard, 32, Indianapolis, charged with the 1977 handgun slaying of two Putnam County men. Prior to questioning, Putnam Circuit Court Judge William C. Vaughn conducted a preliminary hearing on motions filed by Hubbard’s attorneys, Chris Carisch of Indianapolis, and Stephen Pierson of Greencastle. The state’s case will be handled by Putnam County Prosecutor Del Brewer. JUDGE VAUGHN SUSTAINED motions dealing with disallowing the use of lie detector test information taken prior to the trial and keeping out information pertaining to the past criminal history of the defendant. At one point, while sequestering of the jury was being considered, Carisch made reference to a past criminal offense which Hubbard was convicted of in Marion County. For that crime, Hubbard was found guilty and convicted of man-

The snowmobile suit was certainly in season, even though the motorcycle wasn't as local resident Don Hansen wheeled around the icy streets in downtown Greencastle on the first really wintry weekend of 1983. Hansen's twowheeled ice capades, however, may be over for a while. Slightly warmer temperatures Sunday and Monday melted the ice and snow from local roadways, leaving only the wet look behind. (BannerGraphic photo by Rick Combs).

Jury awards $5,849 for loss of pigs due to power outage

By LARRY GIBBS Banner-Graphic Publisher A Putnam Circuit Court jury deliberated about four hours Friday night before awarding $5,849 to a rural Greencastle couple whose pigs died or suffered injury as the result of an interruption of electric service more than two years ago. Elven and Audra Holton, Route 6. Greencastle, won the judgment against Parke County REMC. ACCORDING TO THE Holtons’ lawsuit, lightning struck two insulators owned by Parke County REMC on Aug. 31, 1980, resulting in a power outage on the plaintiffs' farm from 2:15 t04:45p.m. The complaint, filed Jan. 20, 1981, also alleged that electrical power service to their property remained intermittent throughout the month of September 1980. During a four-day trial last week, the Holtons said 11 registered boars and 86 feeder pigs died as the result of intense heat inside a confinement building when the power failure caused ventilation equipment to cease operating. Another 63 pigs, they contended, were “stressed” by the heat, meaning that they did not achieve normal physical maturity. The feeder pigs involved in the incident

Variable clouds, temperatures Cloudy Monday with high in the mid to upper 30s. Mostly cloudy overnight with low in the upper 20s. Variable clouds Tuesday with high around 30. Indiana Extended Outlook Partly cloudy Wednesday through Friday. Highs Wednesday in the mid 30s to mid 40s and lows from the low 20s to to mid 30s. A little warmer Thursday and Friday. Highs from the upper 30s to upper 40s. Lows from the mid 20s to around 40s. Index Abbv At Calendar A 4 Classifieds All Comics A 7 Crossword Al 1 lleloise A 4 Horoscope All Obituaries Al 2 People A 7 Sports A8.A9.A10 TV A 7 Worry Clinic All

Banner Graphic Putnam County, Monday, January 24, 1983, Vol. 13 No. 117 20 Cents

iS|B -fr, fijfri c Jkt 3S§ r

weighed approximately 50 pounds each and were being raised to achieve a market weight of 210 to 230 pounds, according to court records THE HOLTONS CITED what they said was the failure of Parke County REMC to properly maintain its electrical equipment, contending negligence and carelessness on the part of the utility. They also charged in their lawsuit that the utility had failed to promptly and properly repair the equipment involved. During the course of the trial, the plaintiffs said their farm had experienced 58 separate power outages of varying durations from Sept. 1, 1980. through November 1981. That period was prior to the utility’s completion of a substation at Morton, which reportedly stemmed the frequency of outages. In a written reply to the lawsuit, Parke County REMC acknowledged the lightning strike and subsequent interruption of power on Aug. 31, 1980, but called that occurrence “an act of God.” The utility denied negligence in its maintenance procedures and said it had promptly and properly repaired the equipment involved. PARKE COUNTY REMC also had con tended that the Holtons owned a gasoline-

DPU composer 'scores' big victory at Charlotte concert

Composer-teacher David Ott of the DePauw University School of Music “‘scored’ a big win.’’ according to one reviewer who covered the premiere of Ott’s piano concerto in Charlotte, N.C. “Piano Concerto hi B Flat’’ was unveiled last week by the Charlotte Symphony Orchestra before some 2,500 concertgoers in Ovens Auditorium. One of them was Charlotte Observer music critic LaFleur Paysour. “DAVID OTT’S CONCERTO went beyond excitement,” Paysour praised. “Ott has literally ‘scored’ a big win with his concerto.. . . The concerto is broad, brassy, eclectic and highly percussive. In its biggest moments -- and there are many - it moves with the driving intensity of a thousand thundering chariots.”

State Farm inmates sentenced for escape attempt, battery

By BARBARA CARHART Banner-Graphic Staff Writer Sentencing of three Indiana State Farm inmates -- two for escape and one for criminal recklessness - was conducted during a hearing in Putnam Circuit Court Monday morning. Duane Webb, 26, who pleaded guilty to criminal recklessness (a Class D felony) during a change of plea hearing Jan. 17, was sentenced to three years im-

slaughter while still a juvenile. “It is no secret to those persons in this courtroom that Coy Hubbard was charged and convicted of manslaughter,” Carisch told those present in the smaller Circuit Courtroom. “It will also be no secret to anyone in Putnam County by the time the trial ends. “The court has a great responsibility in protecting the defendant’s rights,’’ the Indianapolis attorney stressed. He added if information about that past case becomes known to jurors in Hubbard’s current trial, it would have a “prejudicial effect” on the panel. “I FEEL THAT IT IS important that the information not reach jurors before and when they retire in the evening,” Carisch noted. Carisch pointed to newspaper accounts in Indianapolis newspapers which covered the prior trial involving Hubbard. “It filled the newspapers in the state of Indiana. There was a great deal of publicity in Indianapolis and the outlying counties.”

powered generator, but failed to utilize it when the electrical current was disrupted by lightning. Originally, the Holtons' had sought $15,000 in damages on three specific points: Actual loss of the pigs, the annoyance and inconvenience they contended they had experienced by repeated power outages, and the cost of insurance they had acquired as a precaution against future outages. Judge William C. Vaughn disallowed jury consideration of the insurance cost, saying such is not permitted under Indiana law. Attorney Darrell Felling of Terre Haute, who represented the Holtons, said Monday the potential total amount the jury could have awarded for actual loss of the pigs and annoyance and inconvenience was just over SIO,OOO. The final award of $5,849 was solely for the loss of 97 pigs and injury to 63 others, based on a fair market value determined during the trial. PARKE COUNTY REMC was represented by the Greencastle law firm of Boyd and Young and the Rockville firm of McFaddin, McFaddin and Asbury.

Roosevelt Newsom, head of the piano department at Wilkes (Pa.) College, was the featured pianist for the threemovement composition Ott completed last September. The work was commissioned by the Charlotte Symphony and Ott’s former employer, Pfeiffer (N.C.) College. It was funded by the North Carolina Arts Council. Performances were also given at Pfeiffer and Johnson C. Smith colleges in North Carolina. Ott, who is in his first year as assistant professor of composition at DePauw, offered his philosophy of composing. “Music should create a sense of fun and excitement. Music should have life, light and line. I have a responsibility toward concertgoers. They come to the concert hall because they enjoy beautiful sounds. I also

prisonment to run consecutively with his 10-year term for burglary and theft. Fines were suspended in the cause but the defendant was assessed court costs to be paid no later than 60 days after his release from incarceration. WEBB ORIGINALLY FACED a battery with a deadly weapon (a Class C felony) for his part in the Oct. 29 attack on fellow inmate Daniel Harris, 28, during a laundry room argument.

Carisch said “emotions ran high” regarding the previous trial, conducted in the mid-’6os in Marion County. He added the Indianapolis media “never missed a chance” to bring up the prior case even during current newspaper accounts involving the latest charges filed against Hubbard. Hubbard’s attorneys summoned Banner-Graphic publisher Larry Gibbs to the stand, who detailed for the court the anticipated news coverage expected during the defendant’s current trial. FOLLOWING QUESTIONING, Judge Vaughn stated he would take the request to sequester the jury under advisement. He was expected to rule on the matter late Monday afternoon. In a final move, the judge did sustain the defense lawyers’ request to separate the witnesses, allowing no contact among witnesses once testimony begins. Moving to the larger Circuit Courtroom, potential jurors were questioned as a group by Judge Vaughn. Carisch, Pierson and Brewer were also allowed to ask questions of the prospective panel. A final jury consisting of 12 persons will be selected.

Merit Board approves Patton as chief deputy

By LARRY GIBBS Banner-Graphic Publisher The Putnam County Sheriff's Merit Board approved the hiring of Robert D. Patton. 29, as chief deputy Saturday, but only a pending lawsuit will determine if there is sufficient money in the sheriff’s 1983 budget to pay his salary. The five-member board unanimously approved Patton’s appointment by Sheriff Gerry Hoffa during a 30-minute afternoon meeting at the jail. Hoffa presented a current application completed by Patton and a second one he said had remained on file since Patton submitted it to the department in 1974. PATTON HAS BEEN serving as chief deputy since Jan. 1. when Hoffa assumed command of the department from outgoing sheriff James Baugh On that same day, Hoffa advised Baugh by letter that he would not recognize the former sheriff’s Dec. 21 appointment by the merit board as a deputy. Hoffa called that appointment “premature, unlawful and void.” saying there was no personnel vacancy for Baugh to fill. Two weeks later Baugh filed a lawsuit against Hoffa in Putnam Circuit Court, asking that he be restored to the deputy's job retroactively to Jan. 1 The complaint contends that Baugh's appointment was made in compliance with Indiana statutes and that Hoffa’s action has damaged Baugh's personal and professional reputation. The merit board is not a party to the lawsuit.

Hoosiers ready to 'burn our gas bills'

INDIANAPOLIS < AP> - A local heating contracter wants Gov. Robert D. Orr and the state Public Service Commission to feel the heat being raised over rising natural gas prices and says the problem “might get to the point where we have to burn our gas bills.” Bob McQueen said recent rate increases granted by the Orr-appointed Public Service Commission are unjustified and he intends to apply pressure on the governor to generate greater control of utility rates.

feel responsible for introducing them to newer kinds of sounds.” He said the main thrust of “The Concerts for Piano” was “to create an exciting work that displayed the power of the piano and the orchestra as well as the lyric and percussive qualities of both constituents." London Records has expressed an interest in recording the concerto. OTT’S CHARLOTTE achievement was a “family affair,” wife Susan told the Ban-ner-Graphic. Even the Ott youngsters shared in the musical undertaking. “Our children can sing this concerto from beginning to end,” she laughed. “They also helped copy the individual parts. It’s part of our whole crazy family.” This work was the second the Charlotte

Prompted by his prior criminal record, the court assessed two years for the criminal recklessness charge and an additional one year for aggravating circumstances. The probation department had initially recommended the maximum two years for an aggravating circumstances ruling. Also sentended Monday were Jerry Lee Eddings, 26, and William Suiters, 29, both formerly of Indianapolis, who were

The trial itself is expected to begin Tuesday with the state presenting its case first. Prosecutor Brewer anticipates calling six witnesses. THE DEFENSE SAID MONDAY morning it expects to present its side to jurors by Wednesday, completing the effort on Friday. Pierson said approximately 10 persons will be called by the defense, including Hubbard who will testify on his own behalf. Hubbard is charged with two counts of murder and two counts of robbery for the July 24,1977 murder of Daniel L. Hassler and Raymond T. Atkins. Both were 20 years old when they were killed. Hubbard was arrested by Indiana State Police last July at his westside Indianapolis mobile home, after an Indiana State Farm inmate, Kenneth Burton, told police Hubbard was responsible for the murders. ACCORDING TO BURTON, who is serving time for a drug conviction, he was with Hubbard the night of the murders, but Hubbard was responsible for slaying the two men.

SCHEDULED FOR a hearing before Judge William C. Vaughn on Feb. 7. the lawsuit w'ill have a direct impact on the sheriff’s 1983 operating budget, as approved last summer by the County Council. That budget provides salaries for the sheriff, a chief deputy and three regular deputies. In addition to Hoffa. the department’s current personnel roster includes Patton as chief deputy and Jim Hendrich, Mike Biggs and Chuck Evans as regular deputies whose employment bridged the change of administrations. But if Baugh is successful in his bid to win appointment as a deputy, Hoffa will have one more department member than is provided for in this year's budget. Consequently. he would appear to have no alternative but to appeal to the County Council for additional salary funds. DURING SATURDAY'S merit board session Patton described his background, noting that he is a 1972 graduate of Greencastle High School and a 1974 graduate of Vincennes University, where he earned an associate degree ib law enforcement. Following a semester and a half at Purdue University, he enlisted in the United States Marine Corps w'here he attended military police school. Patton told the board of his service with the Norfolk, Va., City Police, saying he had attended that department's 16-week training academy. He then served w ith the Virginia State Police from Feb. 1, 1981, to Dec. 31, 1982. during which he completed

McQueen did not call for the burning or non-payment of gas bills when he spoke Sunday at a rally he organized about two weeks ago. But, he did say the action could happen if more traditional efforts prove unsuccessful. McQueen said he paid $1,300 to rent the room in the Indiana Convention Center where the rally was held and also paid for advertising to tell people about the meeting. McQueen and his brother, Fred, are cir-

Symphony Orchestra had commissioned Ott to compose. It premiered his “Genesis II” in 1980. Last fall the Lafayette Symphony Orchestra premiered Ott’s “Commemoration and Celebration,” marking the 100th anniversary of the Tippecanoe County Courthouse. LATER THIS MONTH his newest composition, “Essays for Tenor Saxophone and Wind Ensemble,” will be premiered by the U S. Navy Band at the International Saxophone Symposium in Washington, DC. Ott is a native of Crystal Falls, Mich. He holds degrees from the University of Wisconsin-Platteville. the M.M. from Indiana University and the doctorate from the University of Kentucky.

charged with escape. Both were sentenced to two years for escaping Jan. 14 from the Indiana State Farm property. Eddings and Suiters' two-year terms will run consecutively with sentences both are serving. EDDINGS HAD EARLIER received a 2 1 sentence for burglary, theft and forgery convictions, while Suiters is serving time for burglary, theft, forgery, confinement and rape charges. The court suspended fines in both cases because of

another 19-w eek training course. “I feel like I have an appropriate amount of experience to do the job." Patton said, acknowledging that he has the least amount of law' enforcement experience among current sheriff’s department personnel. "I HOPE EVERYONE will accept me with the understanding that I want to work with them and I want them to work w'ith me,” he added. Asked by board president Sam Hostetter if Patton would have to attend the Indiana Law Enforcement Academy, Hoffa said Patton’s previous training would allow him to waive most of the required state courses. The sheriff said his new chief deputy might have to attend the academy for a week or so to become familiar w'ith specific Indiana criminal laws. Certification by the Indiana Law Enforcement Academy can be completed anytime within Patton's first year of service. In other business Saturday. Hoffa said he had recovered from a local printing firm the original materials used to print the merit board's rules and regulations more than a decade ago. "AS FAR AS I KNOW, the merit board has no written rules and regulations in force,” the sheriff said. “I got a copy from the printers, but as far as I know, they’ve never been used.” Although no printed copy of the rules and regulations could be located, Hoffa obtained the page negatives used by the prinCol. 1, back page, this section

culating petitions, demanding an investigation of the state PSC. which is charged with policing the state’s utilities and establishing rates. “If he’s (Orr) captain of the ship, he's going to have to go down with it,” Bob McQueen told the group of about 1,000 people gathered in the 500 Ballroom. McQueen said Orr appointed the three members of the PSC and is responsible for their voting record. Col. 1, back page, this section

DAVID OTT Musical milestone

the defendants’ indigency but both must pay court costs no later than 60 days after their release. Eddings had testified during an initial hearing Jan. 18 that he and Suiters . escaped together after Eddings had met Suiters in his shop. Both men apparently had walked down the hill at approximately 7:45 a.m. and were apprehended by State Farm officials at the Lone Star Industries approximately six hours later.