Banner Graphic, Volume 14, Number 55, Greencastle, Putnam County, 8 November 1983 — Page 3

Convictions set aside by court in plea bargainings

INDIANAPOLIS (AP) - The Indiana Court of Appeals says trial judges must tell defendants who enter plea bargains with the prosecutor that the court isn’t legally bound to honor the agreement on sentencing. In a decision Monday, the appeals court set aside guilty pleas by Floyd E. Whitlock of Indianapolis and Vernon Turman of Gary because judges who accepted their plea bargains didn’t inform them ahead of time the court wasn’t a party to the deal. Whitlock was indicted in 1976 for armed robbery, felony murder and first-degree murder. He pleaded guilty to voluntary manslaughter on condition the prosecutor agree to drop the robbery and felony murder charges and recommend a 2-21-year sentence with all but three years suspended. Marion Superior Court Judge John Tranberg sentenced Whitlock according to the plea agreement. Six years later, Whitlock sought to have the conviction set aside because he wasn’t informed the judge wasn’t legally obligated to accept the plea bargain even though the judge ultimately did so. Chief Judge , Paul H. Buchanan, writing for the appeals court, held that the failure was reversible error. “Although the state would have us believe otherwise, this error was not rendered harmless merely because Whitlock received the sentence recommended by the state,” the appeals court said, pointing to a state law which requires judges to inform defendants in detail of their legal rights before a guilty plea can be considered knowing

PSC candidates' names released by committee

INDIANAPOLIS (AP) - A lawyer who represents Citizens Action Coalition, a former state legislator and three staff members of the Public Service Commission are among 29 people who will be interviewed this week for three PSC openings.’ Others to be interviewed are a deputy attorney general, former president of the Indiana AFL-CIO and the state’s deputy consumer counselor for Washington affairs. The names were released Monday by the PSC nominating committee, which will interview applicants Thursday and Friday in meetings open to the public. Three candidates withdrew rather than have their names made public. The nominating commission must send three names for each of the three openings to Gov. Robert D. Orr, who makes the final choices. The PSC will expand from three to five members Jan. 1, and the resignation of PSC Chairman Larry J. Wallace Jan. 6 will leave another openiig that is being filled as part of this process. By law, no more than three members can be o! the same political party. Here is a list of those who will be interviewed, along with their hometowns, occupations and political affiliation. R denotes Republican; D means Democrat; and I stands for independent. —Mark Akers, R, Green-

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and voluntary. The same analysis applied in the case of Turman, who pleaded guilty to robbery and was sentenced by Lake Superior Court Judge Richard Conroy. “The record uncontrovertibly shows that the court accepting Turman’s plea did not advise him the court was not a party to the agreement between Turman and the prosecutor,” Judge James B. Young wrote. “Thus, the trial court’s finding that Turman’s guilty plea was entered knowingly, voluntarily and intelligently was contrary to law,” the appeals court added. In another case, the appeals court revwed the lawsuit of an Indianapolis couple who sued the York Division of BorgWamer for the cost of moving to Florida to take a new job that never materialized. The appeals court ruled Marion Superior Court Judge Charles W. Applegate erred when he granted summary judgment to Borg-Wamer in a suit by Larry and Rhonda Eby. Court records show that Eby, who worked for Borg-Wamer in Indianapolis, sought a transfer to the company’s Tampa, Fla., office. In early 1980, Eby was offered a job there. The couple put their Indianapolis house on the market and moved to Florida. When they arrived, Eby was told by Borg-Wamer the man who had hired him was no longer there and therefore there was no job for Eby. The Ebys sued for reimbursement of their moving expenses, wages lost while preparing to move and other expenses incurred as a result of relying on Borg-Warner.

wood, director of industrial development for the Indiana Department of Commerce. —Edward Anderson, R, Richmond, city attorney and vice president of Ist National Bank of Richmond. —Michael Banta, R, Indianapolis, chief administrative law judge for the PSC. —Thomas Batties, D, Indianapolis, vice president and counsel, Midwest National Bank. —Shannie Bibie, D, Martinsville, attorney and Marion County court commissioner. —William Boyd, I, Indianapolis, PSC utilities director, formerly of Greencastie. —Clarence Broadus, R, Indianapolis, director of the division of energy policy for the state Commerce Department. —Donald Carter, I, Evansville, accountant. —Eugene Cohill 111, D, Gary, banker. —Frederick Corban, R, Munster, assistant director of facility planning for Inland Steel Co. —Joseph Doninger, D, Indianapolis, accountant. —William Drozda, D, Gary, attorney and former state representative. —Donald Euratte, D, Terre Haute, State Board of Accounts, supervisor of county governments. —Arthur Gemmer, R, Indianapolis, attorney. —Robert Hinshaw, D, Plain-

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The Vanaver Caravan, a world renowned troupe of 14 musicians, dancers and singers, will perform at 8 p.m. Friday at Kresge Auditorium in the Performing Arts Center at DePauw University. Specializing in the music and dance of America, they will present a three-part program selected

SIOO million sought by Georgia man

Jury chosen for first suit over Oraflex

COLUMBUS, Ga. (AP) - A jury here is hearing the first lawsuit against Eli Lilly & Co. of Indianapolis concerning its anti-arthritis drug, Oraflex. A jury was seated in federal court Monday for a SIOO million lawsuit by a man who contends Oraflex was responsible for the death of his elderly mother. The 12-member jury was chosen after questioning by U.S. District Judge J. Robert Elliott and attorneys for both sides. More than 80 cases involving Oraflex have been filed in

field, president, Hinshaw Consulting Services. —Howard Howe, R, Indianapolis, chief accountant, PSC. —Charles Larason, R, Indianapolis, deputy director for energy resource development, state Commerce Department. —Paul Lindley, R, Wawsaw, Investors Mortgage Insurance Co. —James Malcolm, R, Goshen, architect. —Carolyn McCrady, D, Gary, paralegal, city of Gary. —Charles Mercer, R, Indianapolis, deputy consumer counselor for Washington affairs. —Michael Mullett, D, Columbus, attorney who represents the CAC. —Marcia Oddi, R, Indianapolis, attorney for the State Budget Agency. —lstia Rivera, D, Gary, attorney. —Warren Shearer, R, Crawfordsville, attorney. —Oscar Sison, D, Terre Haute, real estate broker. —Thomas Tiemann, D, Crawfordsville, assistant professor of economics, Wabash College. —Alfred Tsang, R, Indianapolis, deputy attorney general. —Willis Zagrovich, D, Anderson, former Indiana AFLCIO president.

several state and federal courts. Several medical and marketing experts have been summoned to testify at the trial, which is expected to last four to six weeks. The plaintiff, Clarence Borom, contends Lilly was responsible for the death of his mother, Lola Trippe Jones, 81, because of impropriety in the development, manufacture and marketing of Oraflex. Lilly defended its product, arguing the drug was a victim

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especially for their Greencastie appearance. The Vanaver Caravan performance is part of the 1983-84 by DPU Performing Arts Series. Ticket information is available by calling 658-4262 or 658-4828.

of unfair criticism, particularly from the Ralph Nader-founded Public Citizens Health Research Group. Although it contended the drug was safe and effective for treatment of arthritis, Lilly withdrew the drug from the market in August 1982 after reports of deaths and other side effects among some users of the drug. Oraflex was made available again in limited use in January 1983 for people not able to get relief from other arthritis

drugs. “The company does not believe that Oraflex was the cause of death. Mrs. Jones had been suffering from several diseases in addition to arthritis and had received a variety of drugs in addition to Oraflex,” a Lilly spokesman who asked that his name not be used said in Indianapolis. “The company intends to demonstrate that Oraflex was carefully and thoroughly tested in one of the largest clinical studies ever

November 8,1983, The Putnam County Banner-Graphic

State legislator pulls no punches TERRE HAUTE, Ind. (AP) - At age 37, State Rep. Kenneth Snider is going back into the boxing ring 11 years after his last bout. Thursday’s fight against welterweight Billy Doyle of Davenport, lowa, will be Snider’s first professional boxing match. Under state rules, no one over 35 may fight professionally without a special medical waiver from the Indiana Boxing Commission. Snider was granted a three-bout waiver last week. The Decker Democrat who was a nationally-ranked amateur boxer in the late 1960 s says that when he received the offer to fight Doyle, he figured it was now or never. “This was always something I wanted to do.” The Doyle-Snider fight in Hulman Center is a four-round match that is one of three live fights scheduled before the closed-circuit television broadcast of the world middleweight championship fight between Marvin Hagler and Roberto Duran in Las Vegas. In Snider’s corner will be his father, Charles A. Snider, an amateur fighter in the late 19305, and his brother, Dave, a former Golden Gloves champion whose career ended after a 1969 farm accident. “My dad had been a big fighter in the late 1930 s and in the Army, and there were always boxing gloves in the house. We put them on when they were bigger than we were,” Ken Snider said. Snider began his amateur career in 1964, developing in the Golden Glove program in Indianapolis. In 1968, the Snider brothers became the first brother team to be Golden Glove champions. Ken Snider won state Golden Gloves championships in 1968 and 1970 and was the third-ranked lightweight in the nation. Snider said if Thursday’s match goes well, he may consider another fight.

conducted.” Lilly developed the drug in its British laboratories in 1974, with clinical testing beginning the next year. In 1980 the Committee on Safety and Medicine for the United Kingdom approved the drug for marketing. It was marketed overseas under the name of Opren. The U.S. Food and Drug Administration approved the drug for the U.S. market in April 1982, and Lilly launched Oraflex the next month.

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