Banner Graphic, Volume 15, Number 134, Greencastle, Putnam County, 4 February 1985 — Page 1

Court proceedings on hold 60 days in Minnick case

By BECKY IGO ] Banner-Graphic Area News Editor ' An agreement between prosecuting and ; defense attorneys, has resulted in a 60-day < stay of the Brazil court proceedings involving William A. Minnick, according to Clay Circuit Court Judge Ernest Yelton. Minnick, a former Greencastle man i charged with the Oct. 26,1981 murder and < rape of a Greencastle housewife, was i scheduled to appear Monday morning at Clay Circuit Court for arraignment. ( However, that session did not take place. i ACCORDING TO JUDGE Yelton, Put i nam County Prosecutor Del Brewer and i

Argument over wood cause of fatal shooting?

By ERIC BERNSEE Banner-Graphic Managing Editor CUNOT-An apparent argument over wood has resulted in the shooting death of one man and arraignment of another on a preliminary charge of murder after a fourhour incident Sunday near Cunot in northwestern Owen County. KENNETH C. RICHMOND, 52, In dianapolis, was scheduled to appear before Judge Frank Nardi in Owen Circuit Court at 1 p.m. Monday on the preliminary charge of murder in the shooting death of Samuel H. Leverett, 42, Indianapolis. Richmond is being held without bond under tight security at the Owen County Jail in Spencer. He was finally taken into custody at approximately 8:15 p.m. Sunday after holding police at bay for nearly four hours just south of the Owen-Putnam County line. According to reports, Richmond, Leverett and another man whose identity has not been made public were in the victim’s makeshift trailer just west of Cunot, off State Road 42. Leverett had been living in the converted school bus since May, sources told the Banner-Graphic. RICHMOND AND LEVERETT apparently argued about firewood, although authorities declined to be more specific. The 4 p.m. incident resulted in Leverett

Spencer spot painting only item on zoning agenda

By ERIC BERNSEE Banner-Graphic Managing Editor The Greencastle Board of Zoning Appeals will meet in regular session Tuesday night with one item on its agenda. The 7:30 p.m. meeting at City Hall has been called to discuss a possible amendment to a variance granted to James Spencer, 1141 Avenue C, Greencastle. SPENCER HAS BEEN operating an auto repair business at his home, as per-

Warmer and whiter A 60 per cent chance of snow developing this evening and overnight. Low 10-15 with easterly winds at 10-15 mph. A little warmer on Tuesday with high around 25. A 70 per cent chance of snow developing on Tuesday. Indiana Extended Forecast Chance of snow in the north and rain or snow in the south on Wednesday. Chance of snow in the north and partly cloudy in the south Thursday and Friday. Highs Wednesday and Thursday mid to upper 20s north and mid to upper 30s south. Lows upper teens to mid 20s. A little colder Friday with highs in the lower 20s to near 30 and lows 5 to 15. Abby A 4 Calendar A 5 Classifieds All Comics A 7 Crossword Al ® , Ad Heloise All Horoscope . 41? Obituaries A 7 People Sports A8 ’ A9 ’ A, ° TV A 7 __ . Al 2 Theaters Worry Clinic

Minnick’s attorney, Woodrow Nasser of Terre Haute, agreed to the 60-day stay to allow the U.S. Supreme Court to make a decision whether it will review Minnick’s 1982 conviction of the same charges. In May 1982, Minnick, then 18, was convicted by Clay Circuit Court jurors for the death of Martha R. Payne, 24, a resident of 9 S. Locust St., Greencastle. Jurors also recommended the death penalty. Minnick, who was incarcerated at the Indiana State Prison in Michigan City, was released from that institution last year, after the Indiana Supreme Court overturned the Brazil court conviction.

Banner Graphic Greencastle, Putnam County, Monday, February 4, 1985, Vol. 15 No. 134 25 Cents

being shot once in the lower abdomen. As Richmond allegedly tried to flee, the third man notified Operation Life units at Cloverdale. The accused gunman lost control of his van and went into a ditch at the end of the lane leading to Leverett’s trailer. According to Sgt. Thomas Cox of the Indiana State Police Post at Bloomington, Richmond refused to vacate the van. It was subsequently surrounded by authorities, including members of the State Police Emergency Response Team, a SWAT-like unit. RICHMOND STAYED inside the van until Ken Hollingsworth, an ISP officer out of Indianapolis, was able to use a loud speaker to talk him into surrendering. No shots were fired during the standoff. Police recovered a .22 caliber pistol and a .38 caliber derringer from the van following Richmond’s surrender. Leverett, meanwhile, was pronounced dead at the scene. Operation Life crewmen were first on the scene and when police officials arrived, they were notified that the shooting victim had already expired. According to Dave McKalip of the Indiana State Police Post at Bloomington, Richmond declined to comment on what Col. 1, back page, this section

mitted by his variance. However, he has asked to be able to do spot spray painting at the same location. Presently, his variance does not permit such painting. Spencer’s case resurfaced last fall in a dispute over the existence of his variance. Zoning Board minutes, however, were found that showed approval of a variance for Spencer to make auto repairs at 1141 Avenue C. The subject of spot spray painting,

'Sometimes I still hear the gun' Victim relives Hollandsburg

INDIANAPOLIS (AP) - Betty Jane Spencer nervously lights a cigarette and tries to explain how she can talk about Valentine’s Day, 1977 without crying. “I’ve learned to be a good actor, that’s what it boils down to.” For Mrs. Spencer, the day on the calender normally reserved for candy and flowers is the anniversary of the night when strangers with shotguns burst into her Hollandsburg home and killed her son and three step-sons. She would have died also, Mrs. Spencer says, if the attackers hadn’t believed they had already killed her. “Sometimes I can still hear the gun,” said Mrs. Spencer of the attack on Feb. 14, 1977. “Particularly in that twilight zone just before you go to sleep, you think about it.” Mrs. Spencer survived not only her gunshot wounds but the intense psychological trauma of being a victim of violent crime. She now travels to as many as four speaking engagements a month to let others know that crime victims deserve help from a system that sometimes appears to care more for criminals. The “system” is changing, however. Mrs. Spencer’s latest talk was to a group called the Indiana Victim Assistance Network, an association of police, prosecutors and counselors dedicated to providing assistance to crime victims.

The case was reviewed by the Indiana Supreme Court, after it was submitted to the state’s highest court by Nasser. Nasser successfully argued that Minnick’s constitutional rights were violated, when police continued to question him, although he requested an attorney be present. SINCE THAT TIME, the Indiana attorney general’s office has petitioned the U.S. Supreme Court to review the case. Bill Daley, chief counsel for the state attorney general’s office, said the office believes the Indiana Supreme Court may have been too strict in its application of the model case Nasser used to win the appeal.

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Addressing a Monday morning gathering sponsored by the Putnam County Farm Bureau and Greencastle Chamber of Commerce, State Sen. Ed Pease discusses pending legislation. Pease and fellow legislators John Thomas (to Pease's right)

however, was tabled for later discussion. In the interim, Spencer has obtained legal counsel Darrell Felling, who was unable to attend the Dec. 4 meeting. The Zoning Board does not convene in January, which pushed the matter up to Tuesday night’s meeting. ORIGINALLY, THE AGENDA also called for consideration of the old Miller Elementary School property on Anderson Street. The Area Vocational School is in

A two-day organizing seminar for IVAN ended Friday in Indianapolis, and victim assitance specialists from around the state met to exchange ideas and learn about each other’s programs. “I think we’ve seen a mood shift in the country,” said Michael Barnes, St. Joseph County prosecutor. His office has three paralegals who work specifically with victims, explaining the possibility for financial compensation, counseling and other options offered by the prosecutor’s office and other government and private sources. Court decisions in the 1960 s addressed the rights of defendants, Barnes said. But the public is now becoming more aware of the needs of victims. Ruthann Popcheff is president of IVAN and heads the Victim Assistance Unit for the Indianapolis Police Department. She said the unit handled just under 3,000 cases last year, mostly violent personal crimes including homicides, sexual assaults and batteries. A recent case involved an 88-year-old woman who had been beaten, robbed and locked in her home, Ms. Popcheff said. The amount taken in the robbery was $1.60, but phone lines to the woman’s house had been cut so that she couldn’t call for help. The assistance unit helped to get the telephone service restored, explained the possibility of monetary help through the

The Indiana attorney general’s office officially filed the petition during the latter part of January. Officials are now awaiting tiie U.S. Supreme Court’s response, whether it will make the review. According to Daley, four of the nine U.S. Supreme Court justices must agree to hear the case. Selective in its review process, Daley also added, “They (U.S. Supreme Court justices) only accept about 5 per cent of the cases that are presented to them. “THERE IS ONE CHANCE in 20 that they will accept this case,” Daley added. “If they do accept it, it will be very good

and Richard Thompson met concerned residents at a breakfast meeting at the Farm Bureau Insurance building. Also on hand were Meredith Kincaid (left) and Noble Fry (right) of Farm Bureau and Bob Hutchings (second from left) of

the process of leasing the building from the Greencastle Community School Corporation to conduct vocational classes. City Engineer Cliff Norton said the item went on the agenda because he believed the situation to be similar to the old Putnam County Hospital land, which after six months reverted to the zoning of the neighborhood around it. In this case, however, the neighborhood surrounding the old Miller School, Norton

state’s Violent Crime Compensation Division and told the woman about other agencies that could provide assistance. Ten years ago, the police might have just taken a report and driven away. “Victims of crime suffer a tremendous amount of emotional trauma and financial loss,” said Pat Smallwood, director of a victim’s program for the Fort Wayne Police Department. She said the suffering often continues even if an arrest is made. “The criminal justice system can be almost as traumatic as the crime itself,’’ she said. “Unfortunately, I think a lot of times we re-victimize the victim by prolonging the agony. ’ ’ Most people don’t understand how the legal system functions, Mrs. Smallwood said. While criminal defendants are guaranteed a lawyer to represent them in court, victims often have no one to help them understand the legal process. “I felt sort of intimidated when we’d have the meetings with the prosecutor,” said one woman, a rape victim who asked not to be named. “A rape is a humiliating thing, but a trial is just as humiliating.” she said. The woman now helps counsel other rape victims in Anderson. “I wanted to come down here and get some of this information so we can get this out to the people who we come in contact with.”

for the state.” According to Judge Yelton, the agreement for the 60-day stay is done between attorneys for the defense and prosecution. “Mr. Nasser called Friday and said he would agree to it pending the development with the U.S. Supreme Court,” the judge added. “This is only done by agreement,” Judge Yelton explained. “It is not for me to decide whether it is proper or improper, or whether we should proceed or not proceed.” JUDGE YELTON DID SAY it was his opinion that, if the U.S. Supreme Court has

noted, is already R-2 (residential). And schools are a permissable use in an R-2 district, Norton said. THE MILLER SCHOOL item was thus scratched from Tuesday’s Zoning Board lineup. The meeting will also be the first session of the new year for the board, which must reorganize by electing new officers: President, vice president and secretary.

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BETTY JANE SPENCER A victim forever

not made its decision whether or not to review the case within the 60 days, the attorneys and judge will meet again to decide what avenue to pursue. “At that time, it will have to be decided whether we will proceed (with a new trial) or not,” Judge Yelton related. If the U.S. Supreme Court reviews the case, and rejects the state attorney general office’s arguments, Minnick will be eligible for a retrial. But, if the nation’s high court reviews the case and agrees with the attorney general’s office, the conviction will stand. Minnick, 21, remains lodged at Brazil.

the Chamber of Commerce. The legislators discussed legislation and then took questions from the floor. (Banner-Graphic photo by Bob Frazier).

AHA lauds hospital's cost control Putnam County Hospital has been commended by the American Hospital Association (AHA) for its efforts to control costs and monitor productivity. THE HOSPITAL was awarded the 1984-85 HAS Certificate of Recognition for participating in HAS/MONITREND, a management information program offered by AHA’s Hospital Administrative Services Division (HAS). HAS/MONITREND is a comparative operational monitoring system that assists hospitals in reducing costs while maintaining the quality of medical services. “Using HAS/MONITREND to assess our operational performance,’’ said David Opalak, the hospital’s director of finance, “will help us keep our costs within the new guidelines for third-party payment. Our participation in this program puts us in a better position to deal effectively with third-party payers.” PUTNAM COUNTY Hospital has been participating in HAS programs for six years. Jenny Hutcheson, hospital accountant, has been primarily responsible for the gathering and submission of necessary information. Through voluntary participation in the MONITREND program, the institution demonstrates a continuing commitment to provide high quality health care services while controlling costs and improving staff efficiency. Monitrend data is used for budgeting, staffing and service decisions. The American Hospital Association has sent a certificate of recognition for Ms. Hutcheson, as well as the hospital administration in general.