Banner Graphic, Volume 14, Number 117, Greencastle, Putnam County, 23 January 1984 — Page 3

Deckard defense resumes WASHINGTON, Ind. (AP) - Defense attorneys for Christopher D. Deckard, one of two Jasonville teens charged with murdering a Linton girl, will try to show this week that the state has failed to prove that Deckard was directly responsible for the murder. As the prosecution rested its case Saturday in the Daviess Circuit Court trial, the defense claimed the state had failed to present enough evidence and asked the judge to issue an innocent verdict. Judge Robert L. Arthur, however, refused to issue a directed verdict for Deckard and instructed defense attorney Larry J. Wagner of Terre Haute to begin his case. The prosecution is seeking the death penalty for Deckard, 17, for the brutal July 1983 slaying of Cindy Lou Mason, 15. Her body was found July 3 in an abandoned rural house near Linton. An autopsy report said that she suffered gunshot and stab wounds and was raped. San Francisco police on July 25 arrested Deckard and Michael W. Poling, 17, of Jasonville. Poling, who also is charged with murder in Miss Mason’s death, is scheduled to go on trial Feb. 21 in Daviess Circuit Court here. Both teen’s cases were moved from Greene County to Daviess County because of pre-trial publicity. In his motion Saturday seeking a directed verdict, Wagner claimed that until Friday, the only evidence entered against Deckard was circumstantial. During Friday’s proceedings, however, the prosecution entered statements that Deckard and Poling made to San Francisco police in which Deckard said he helped elude authorites by hiding evidence. In a hand-written statement, Deckard also said he had waited outside the abandoned house as Poling shot Miss Mason. Poling admitted to police that he shot the girl after she refused his sexual advances and said that Deckard helped him from the house.

X-rated cable film ban still a message

INDIANAPOLIS (AP) - A bill to pull the plug on X-rated movies on cable television will likely be dumped by the Legislature, but the measure may have already sent a message to cable operators providing obscene films for viewers, the bill’s sponsor says. Sen. James R. Butcher, RKokomo, said that his proposal needs more research and probably won’t be acted on this year’s short legislative session, already more than one-third over. “I think the bill’s filing did serve one purpose it has placed people in pay or cable TV on notice that there are some of us concerned about the potential of hard pornography being brought into the state,” Butcher said. Butcher’s measure, Senate Bill 142, would make it a crime to knowingly engage in, participate in, manage, produce, sponsor, present, exhibit, photograph, videotape, film, or transmit an obscene performance over a cable television system.

Hoosier nun is killed

ST. MARY-OF-THE-WOODS, Ind. (AP) were mourning the death of one of their own in a weekend accident in South America. Sister Gilcrist Conway, 41, of the Sisters of Providence at St. Mary-of-the-Woods Convent here in this little town near Terre Haute, was one of three American nuns killed Saturday when a Jeep overturned during a flash flood in the Bolivian Andes. Also killed in the accident were two Dominican nuns, Sister Geraldine McGinn of SparkhUl, N.Y., and Sister

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Clifford M. Hickman, architectural designer, Santa Barbara, Calif., was recently honored when the residence he had designed for Mr. and Mrs. James Snow was chosen by Santa Barbara Beautiful Inc., as the best entry in the single-family residence division of the 1983 Annual Awards Competition. That's the dining room at right. Hickman grew up in Greencastle where he attended the local high school and DePauw University. He is the son of Frances M. Hickman and the late Prof. Cleveland P. Hickman.

Fire sign posting law smoldering

INDIANAPOLIS (AP) - Indiana’s law which requires emergency fire procedure signs to be posted in most apartments took effect in September 1983, but it took until after the new year to really gear up to comply, an apartment association spokesman says. “Working with the fire chiefs in different cities, it seems to be falling into place,” Jerry Gorup, executive director of the Apartment Association of Indiana, said of the bill approved by 1982 Indiana Legislature. William Goodwin, state fire marshal, said that it took time to design a model sign and spread the word. The law requires hotels,

Violators would risk up to one year in prison and a $5,000 fine, or up to four years in prison and a SIO,OOO fine for showing sexual conduct involving a person who is or appears to be under age 16. The standard for determining whether the performance is obscene would apply community standards in the area served by the cable television franchise. “I’ve had people complain to me about some of the R-rated things I’ve seen” offered on a cable television channel that features mostly movies, Butcher said, adding that he doubted if a measure directed at Rrated movies would be successful. “What I’m really hoping to do is prevent or preclude X-rated, double-X or triple-X movies in Indiana,” he said. Butcher said Utah passed a cable television decency law which had been ruled unconstitutional in a lower court but is currently being appealed. The senator is also trying to find out what other states are doing or have done on “an important policy issue. ’ ’

Mary Mahoney of Sinsinawaw, Wis. An 8-year-old Indian boy traveling with the group was also killed. Another nun, Sister Mary Margaret Funk of the Benedictine order at Our Lady of Grace Convent in Beech Grove, was injured. Sister Gilchrist was a teacher and administrator in Indianapolis for more than 10 years. An associate, Sister Mary Margaret, said by telephone from Cochabamba, Bolivia that Sister Gilchrist was trapped in the Jeep that overturned.

motels and buildings with three or more rented sleeping rooms to have an emergency sign attached to the back of each guestroom and by the exit if someone must go through a hallway to reach the exit. The measure doesn’t apply to apartments with immediate ground level exit to the outside or to hotels and motels with only outside entryways. After Christmas, Goodwin and the apartment owners association held a news conference to publicize the law. That day, two apartment fires occurred on Indianapolis’ east side, Goodwin said. “We had a lot of calls. People didn’t know about the law,”

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Goodwin said Goodwin said that the apartment owner’s association has been working to inform apartment owners and to make and distribute the signs, which were drawn up with help from the fire marshal’s office. “We have printed close to 100,000 signs already and distributed them to the members in Indiana,” Gorup said. The signs were furnished at low cost upon request to members and non-members who own multi-unit housing, Gorup said. “The majority of residents that have received these 100,000 some signs have accepted them very well. Sure there are some, like in any other case, some do

not want them,” Gorup said, adding that he’s aware of only a few isolated cases of problems. “I think I’m hearing a few complaints from out in the field... Some people are tearing the signs down a very few. I live in an apartment. I haven’t heard any complaints,” Goodwin said. Goodwin said that it was to the advantage of apartment owners to comply. Aside from the penalty of a fine of up to SIO,OOO, “if he didn’t put them up in his apartments and something happened he would be liable to a tremendous liability.

Mental Health executive disputes Justice claims

INDIANAPOLIS (AP) - State mental health officials stoutly defend patient care at two mental hospitals sharply criticized in a U.S. Department of Justice letter to Gov. Robert D. Orr. Overdrugging, understaffing and careless record-keeping put hundreds of patients at Central State and Logansport hospitals in “grave” danger, the six-page letter said. “The use of the term ‘dangerous’ and some other jargon is unduly strong,” mental health Commissioner Dennis R. Jones said. “The general tenor of it (the letter) made it seem as if we are not providing adequate medical care at all.” The superintendents at the two hospitals agree with Jones. “I don’t think we’re endangering lives,” said Dr. Jeffrey H. Smith, who became superintendent of Logansport State Hospital last October “I do not believe there is a current danger to our patients’ lives,” said Ruth Stanley, superintendent of Central State in Indianapolis. She called the letter “overstated” and “a little confusing tome.” While the letter describes serious problems, “there is no call for instant action” to correct any problems, Ms. Stanley said. The Justice Department indicated legal action might be taken if the state doesn’t correct the alleged problems uncovered in the investigation that began at Logansport in

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January 23,1984. The Putnam County Banner-Graphic

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1982. A Democratic legislative leader and the head of the Indiana Mental Health Association said the Justice Department is confirming problems they have publicized for years. Jones said he has “a lot of questions” about the letter, such as what standards of care were used and how investigators documented their conclusions. The department based its conclusions on opinions of outside consultants hired to investigate the two hospitals. The investigation resulted from complaints about substandard care. Rep. Stanley G. Jones, DLafayette, a frequent spokesman for House Democrats, said he wasn’t surprised by the letter’s charges. “You had to have blinders on not to realize the severity of the problem even before this report,” said Jones, who released a critical report on conditions in state mental hospitals last year. Jones criticized Orr for not pushing for more improvements at state hospitals and said he hopes the Justice Department will follow through on its threat to sue the state to force changes in hospital care. Paul C. Messplay, executive director of the Indiana Mental Health Association, which represents patients, said the letter reveals “immediate problems that can’t wait” to be dealt with.

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“I’m extremely pleased the report was issued during a term of the General Assembly so legislators have ample opportunity to take action. ” He said Orr’s proposal to give $1.5 million more to state hospitals this year isn’t enough. “I’m pleased the governor is striving to accredit the full state hospital system. But he could be doing more. We really need emergency measures to take care of deficiencies,’ Messplay said. He predicted substantial outlays of money to correct hospital deficiencies won’t be appropriated until 1985. The state is trying to bring its 11 state hospitals up to standards of the federal government and Joint Commission on Accreditation of Hospitals. Logansport should be accredited in 1990 by the joint commission, which sets guidelines that hospitals voluntarily meet, while Central State should earn the same accreditation by 1988, Jones said. Rep. Patrick J. Kiely, RAnderson, chairman of the House Ways and Means Committee, said he is “anxious” to increase funding of state hospitals to the satisfaction of the Justice Department. “If it requires additional funding, we’ll have to do it,” he said. Although the legislature only meets for 30 session days and this is a non-budget session, more money can be appropriated to state hospitals, he said.