Banner Graphic, Volume 15, Number 258, Greencastle, Putnam County, 24 June 1985 — Page 1

Court refuses to reinstate 'B2 conviction

Middle school building reports not ready July 10

By LARRY GIBBS Banner-Graphic Publisher The tentative timetable leading to proposed construction of a new Greencastle Middle School and remodeling of Greencastle High School has been pushed back about one month, but the fall of 1987 is still the target date for completion of both projects. Final reports from a 49-member advisory committee of parents, teachers and students will not be ready for the July 10 school board meeting, as had been anticipated. Instead, those reports are now expected to be submitted late in July or early August, according to Supt. James Feck THE ADVISORY GROUP, which began its work March 18, has been functioning as three separate subcommittees: One on construction of a new middle school for grades six, seven and eight; another on rennovation of the high school and the third on development of coordinated campuses for both schools. Information and recommendations compiled by the advisory committee are being used by the Bureau of School Services at Indiana State University in the writing of specific educational objectives for the middle school and high school projects. The ISU report, being prepared under a $6,600 contract with the school corporation, will provide the framework on which design decisions will be made. Peck said a state-required public hearing outlining the scope and projected cost of the proposed new construction and remodeling work probably will be scheduled about the same time as the ISU report is ready, late next month or early August. The hearing, which must be held before the projects can move any further, will define the scope of the planned work in detail, including the resulting impact on the local property tax rate. TO DATE, THERE HAVE been no estimates of the cost constructing a new middle school on land south of McAnally Center or the cost of interior remodeling of the 26-year-old high school building. A status report on planning for the two projects likely will be made at the July 10 school board meeting, Peck said, adding that the five-member board may discuss the hiring of a financial adviser to assist in determining the most feasible method of financing the proposed work. Meanwhile, a group of administrators and members of the adivsory sut£* committee on remodeling of the high school will visit at least four Central Indiana high schools July 9 to gather ideas that might be applied to planned renovation at Greencastle. The schools to be visited have not been announced, but Supt. James Peck said they will feature varied interior design.

Wet set Partly cloudy overnight with a 30 per cent chance of thundershowers. Low 6045. Partly cloudy and warmer on Tuesday with a 40 per cent chance of thundershowers. High Tuesday 85-90. Indiana Extended Weather Chance of thundershowers mainly Thursday and Friday. Very warm Wednesday but not as warm by Friday. Lows in the 60s to low 70s each day. Highs in upper 80s to mid 90s Wednesday and mid 70s to the 80s by Friday.

Banner Graphic Greencastle, Putnam County, Monday, June 24,1985, Vol. 15 No. 258 25 Cents

Library to interview four additional firms

Beginning Monday evening, the Putnam County Library Board has scheduled four more public mee tings with prospective architectural firms interested in renovating the old Montgomery Ward building into the future home of the library. AT 7 p.m. TONIGHT, Archonics of Indianapolis will address the board at the library, while at 7 p.m. Tuesday, Browning, Day, Mullins and Dierdorf, Indianapolis, will be on hand at the Wilson, Hutchens and Reese law office on South Jackson Street. At 5 p.m. July 1 at the same law office, Powers, Kappes of Indianapolis, will be interviewed, while a 7:30 p.m. session with Woollen, Molzan, In-

Joining Peck and members of the high school subcommittee will be GHS Principal Bob Harbison, Assistant Principal Cal Rehlander and Mrs. Janett Boling, the corporation’s coordinator of special projects, who has worked closely with all three adivsory subcommittees. ALSO PARTICIPATING IN the July 9 tour will be representatives of The Inter Design Group, an Indianapolis architectural and engineering firm hired by the corporation to design the new middle school, prepare plans for the high school remodeling and develop coordinated campuses for both. Inter Design, working under terms of a $75,000 contract approved by the school board last summer, already has developed one tentative site plan, which was printed in the Banner-Graphic May 25. That unofficial plan depicts a two-level middle school south of McAnally Center, relocation of the high school football field in an east-west direction immediately south of McAnally and conversion of the existing football field into a parking area. Peck emphasized that the preliminary site plan “gives us something to look at and discuss, but in no way does it obligate us to anything.” THE UNOFFICIAL SITE drawing also shows a soccer and softball field, surrounded by a cinder track, positioned immediately southwest of the middle school and the high school baseball diamond relocated a short distance south of its present location. The grass-covered field west of the high school building would be the site of a new parking lot and tennis courts.

PSI hearing in 2nd week

INDIANAPOLIS - A Public Service Commission hearing on $76.7 million in emergency rate increases for Public Service Indiana entered its second week Monday at the State Office Building in Indianapolis. ORIGINALLY EXPECTED to last two weeks, the hearing may now take twice that long judging by the first week’s activity. Only seven of PSl’s scheduled 25 witnesses testified during the first five days of the hearing. Last Friday morning’s first witness was Greencastle resident Harold R. Lezotte, PSI manager for loan forecasting, who answered questions from the opposition concerning how the company forecasts the

From Staff, Wire Dispatches William A. Minnick, the Greencastle teen-ager convicted of the Oct. 26, 1981 murder of Martha Payne, 24, Greencastle, will get a new trial. When and where that retrial will occur have not been determined. However, the U.S. Supreme Court late Monday morning announced that it has refused to reinstate the conviction and death penalty for Minnick, now 21. WITHOUT COMMENT, the justices Monday let stand an Indiana Supreme Court decision that overturned Minnick’s May 1982 conviction and ordered a new trial for him. The state court, making its decision last Sept. 7, said Minnick’s trial included evidence obtained during “unlawful police questioning.” At issue was the contention of Minnick and his legal counsel, Woodrow Nasser, Terre Haute, that the suspect had asked that an attorney be present during questioning in the early morning hours

dianapolis, is set at the public library. The Library Board recently agreed to relocate facilities from the present 102 E. Walnut St., Greencastle, site to the 18 S. Indiana St. location that housed Montgomery Ward until a fire a couple of years ago. PUTNAM COUNTY Library Director notes that the firms interviewed this week and next, as well as the Cleveland-based Koster and Associates (interviewed last Thursday) were recommended as being experts on older libraries. The Library Board hopes to make its selection by July 15, Mrs. Sedlack told the Banner-Graphic.

The site plan proposes elimination of the rear traffic entrance to the high school campus, a bumpy road linking the faculty and student parking lots with Gardenside Drive. The area between the high school building and McAnally Center, plus part of the present parking lot and drive to the west, would be converted into an outdoor student mall. Peck first proposed the middle school construction project on May 9,1984, saying that locating it adjacent to the high school campus would save money by allowing both schools to utilize the McAnally auditorium and swimming pool. The school board has since authorized the purchase of 12.58 acres south and southwest of McAnally for $146,000 from France Stone Co. and Cash Concrete Products for inclusion in the overall project. WHILE SOME McANALLY facilities would be shared, Peck has emphasized that the student bodies of the two schools would remain separated. After the state-required public hearing is conducted late in July or early in August, the remainder of the year will be needed for Inter Design to develop specific design drawings for the new middle school building and for renovation of the high school. Barring any hindrances, Peck said, project bids could be advertised in January or February of 1986. Allowing time for the arranging of financing, actual construction could begin by April or May. If that schedule is met, work on both buildings could be completed by the start of the 1987-88 school year.

amount of energy it will have to produce in the next decade. A PSI spokesman said the hearing “seems to be running a little behind” at this point. “There are three or four witnesses we had hoped to be through with that haven’t even been on the stand yet,” he said. At issue is a 7.6 per cent rate increase this year and another 1.6 per cent hike in 1986. PSI needs the additional revenues, it says, to give employees pay raises, maintain equipment, plan for future power plants and pollution-control devices and improve the company’s general financial condition.

following the discovery of Mrs. Payne’s body in her 9 S. Locust St. home. Minnick had reportedly asked for an attorney before being calmed down by investigators Jim Smith of the Indiana State Police and then-deputy Jim Hendrich of the Putnam County Sheriff’s Department. Minnick later that morning gave a disputed taped confession, which was played in court during the May 1982 trial in Brazil Circuit Court. IN MAKING ITS determination, the state court relied heavily on a 1981 decision by the nation’s highest court that bars police from initiating conversations with criminal suspects who exercise the right to have a lawyer present during interrogation. In the appeal acted upon today, Indiana Attorney General Linley E. Pearson argued that the 1981 Supreme Court decision should not have been applied automatically in the Minnick case. The courts should consider in a case-by-case

Two persons were injured Saturday afternoon in a bicycle-moped accident 1 'A miles east of Roachdale. Jim Vammorsdall, Danville, and Ruby Johnston, Brownsburg, were riding as part of a group of friends and relatives headed to Raccoon Lake from the Brownsburg area. The riders apparently got too close and their handlebars became entangled, causing the fall. Vammorsdall suffered a large hematoma on the back of his head, while

Jury duty It's much more than 'here come da judge'

By BARBARA CARHART Banner-Graphic Staff Writer Those scanning the jury list for the third quarter of 1985 may wonder how their name made the front page of the June 21 edition of the Banner-Graphic. The ansv. - is chance. To be or not to be a juror is a question which has one common denominator: Those who sit on a jury help keep the wellgreased machine that is the justice system in operating order. And, court officials hint it will be a long hot summer up on the third floor of the Putnam County Courthouse. ANTICIPATING SEVERAL jury trials during the months of July, August and September, Putnam Circuit Court Judge William C. Vaughn 111 and Putnam County Court Judge Sally Gray determined they needed 500 names to keep their jury caseloads afloat. The whole process is based on a system of educated guesses and random selections inspired by a set of statutes. “The selection process is statutory,” Judge Vaughn told the Banner-Graphic Monday morning. “There are different procedures for larger counties but Putnam County is in a group of smaller counties that follow the same statutes.” Under the law, thf higher court has the responsibility of overseeing the jury selection process, Judge Vaughn explained. “WE (CIRCUIT COURT) share the same jury list with the county court,” the judge added. “As part of my duties as circuit court judge, I have to appoint two jury commissioners by Dec. 10 of each year-one a Republican and one a Democrat. ” Currently, Howard Williams, Republican, who has served several terms, and Dorothy Lyon, Democrat, are the two jury commissioners. Both judges take a look at their calendars and try to anticipate how many jury trials they will preside over during the quarter. “We usually get together midway through the old quarter,” Judge Vaughn explained. “For instance, we met in May to determine how many we needed for the

study whether the suspect “voluntarily, knowingly and intelligently waived his right to have counsel present” after an initial request for legal help. Putnam County Prosecutor Delbert Brewer, in Clay County for a voter fraud case, could not be reached for comment Monday morning. Telephone attempts to reach Nasser likewise proved futile. AT LAST INDICATION, Judge Ernest Yelton of Brazil was to call a status hearing in the case. A motion for change of venue for the retrial has already been approved by Yelton, which means the case will not be tried in Clay or Putnam counties this time. Minnick is presently incarcerated in the Vigo County Jail, where he was taken a week ago Friday after nine months of imprisonment at the Clay County Jail in Brazil. Prior to the state court’s decision that overturned Minnick’s verdict, the Greencastle man was housed on Death Row at the Indiana State Prison.

Ms. Johnston suffered an apparent concussion, according to EMT's of the PMH Ambulance Service. EMT's Carl Smith and Mary Long and Roachdale firemen Jack Jones and Butch Copner responded to the 12:15 p.m. call. They transported the two victims to Hendricks county Hospital. Other riders also suffered minior scrapes and bruises in the incident. (Banner-Graphic photo by Bob Frazier).

upcoming quarter.” MOST JURY TRIALS IN county court are drunk driving cases with very few civil matters taken to a jury, Judge Vaughn explained. Across the hall, circuit court has seen at least 8-10 jury trials during the last quarter which included both civil and criminal matters. “One of the reasons we need so many extras is that with felonies class C and above each attorney has 10 pre-emptory challenges and a lot of times there are valid challenges for cause,” Judge Vaugh explained. The general rule is that 18-20 prospective jurors are called for a six-member civil jury and at least 30-35 are called for a 12-, member criminal jury, Judge Vaughn added. “We have a really heavy summer schedule,” the judge added. “That’s why we requested 500 names for this quarter.” ONCE JUDGE VAUGHN forwards his order to select a jury for both grand and petit juries, the selection of random names begins. According to Putnam County Clerk Sharon Hammond, 10 names are usually drawn for the grand jury and between 400500 names are drawn for the petit jury. “The first and foremost prerequisite for being on a jury is voter registration,” Hammond told the Banner-Graphic Monday morning. “We select names from that list.” The two commissioners who are salaried members of the court system, meet once every quarter for the express purpose of determining in what intervals the names will be drawn. “They will determine what number on the list they will start with,” Hammond explained, “and in what intervals they will go down the list. They may start with name 50 and select every 30th name.” THE CLERK SAID THOSE names are put in a box and either herself or a member of the clerk’s staff will draw the names of prospective jurors. “We list names, addresses and precinct by law,” Hammond added, “Because we are required to have an equitable spread of

Kr yI&L SB

WILLIAM MINNICK Will get new trial

all parts of the county.” The names drawn are “Typed as we go” and copies are sent to the Banner-Graphic, both judges and the sheriff’s department, Hammond advised. From that point on, the ball bounces back into the circuit court to send questionnaires out to all the names on the jury list. The task can be frustrating, Putnam Circuit Court bailiff Nancy Fogle {minted out, when voters do not change their addresses when they move and do not send back the questionnaires. “LAST QUARTER, WE had 400 names and I was lucky to get back 300 questionnaires,” Fogle said. “The attorneys like to have the questionnaires prior to the trial so they can review them prior to jury selection.” If the questionnaire is returned due to a change of address, Fogle said she has to refer to the phone book or city directory for current addresses. Once the questionnaires are collected, the bailiff numbers them and prospective jurors are sent cards in the order that their questionnaire is received by the court, Fogle explained. Since the county court shares the list with the circuit court, the pool of jurors dwindles fast, especially if an unusually large amount of jurors must be called to serve on a criminal jury. “EVERY EFFORT IS made to only call a person in once a quarter or to have them serve once a quarter,” Fogle said, explaining that is not always possible if all the questionnaires are not sent back or prospective jurors cannot be located. “That’s why it’s so important,” Fogle emphasized, “to make address corrections in the clerk’s office and send the questionnaires back to the court.” Once enough prospective jurors are corralled for a jury trial, the process of voire dire (jury selection) begins. Many are eliminated through pre-emptory challenges, whereby attorneys can strike jurors without cause or through challenges with cause until the final jury is impaneled.