Banner Graphic, Volume 15, Number 420, Greencastle, Putnam County, 5 December 1985 — Page 3

ft's a gamble, but three bills urge lottery

INDIANAPOLIS (AP) Three state senators who aren’t afraid of betting against the odds have reintroduced resolutions to lift Indiana’s constitutional ban on lotteries. Lottery resolutions traditionally have an uphill fight in the Legislature. In recent years, lottery proposals have narrowly passed the Senate only to die in the House, where Speaker J. Roberts Dailey, RMuncie, is an adamant opponent of gambling. Sens. Lawrence M. Borst, RIndianapolis, and Louis J. Mahern, DIndianapolis, teamed up on two resolutions to get at the matter in different ways. Senate Joint Resolution 2 would amend the state constitution to allow the General Assembly to authorize lotteries. S.J.R. 3 would repeal the section which bans lotteries and the sale of lottery tickets. Sen. John Bushemi, D-Gary, filed S.J.R 5, which would authorize state-run lotteries to raise money for public purposes and would give 50 percent of the proceeds to local taxing districts based on ticket sales. The rest would go to the state general fund. The process of amending Indiana’s constitution is a long one. If the lottery measure is approved by the 1986 Legislature, it must be passed again by either the 1987 or 1988 Legislature and then be adopted in a statewide referendum. The lottery resolutions were among 25 measures filed Wednesday in the Senate. Sen. Roger Jessup, R-Summitville, introduced a bill that would affect people who plan to claim a medical exemption

School daze Leaders must plan future without extra funds

By The Associated Press In the wake of voter rejection of increased taxes for school improvements, state legislative leaders hold little hope the Assembly will solve immediate budget problems. Indianapolis voters Tuesday rejected a proposal to raise $lO million through a property tax increase 22,288 to 9,434. The vote on a similar referendum in Fort Wayne was 15,904 to 10,154. In Crown Point the vote was 1,545 to 1,301. State Rep. Patrick J. Kiely, R-Anderson, said Wednesday, “There’s no way we’re capable of bailing out IPS (Indianapolis Public Schools) and other large school districts. I don’t see a lot of sentiment outside those districts to re-direct resources to them. “We try to write a school funding formula to treat everyone as equally as possible.” IPS Superintendent James A. Adams said without the extra $lO million larger class sizes, teacher layoffs and reductions in current programs might be necessary

15-year-old gets 35 years for murder CROWN POINT, Ind. (AP) - Violent youths should take warning from the lengthy prison term handed a teen-ager convicted in the murder of a Bible studies teacher, a prosecutor says. A judge Wednesday sentenced Denise M. Thomas, 15, of Gary, to 35 years for her role in the May 14 stabbing death and robbery of Ruth E. Pelke, 78, of Gary. The sentence was well below the maximum of 60 years, but five years more than the minimum of 30 years for murder, “A sentence of 35 years for a 15-year-old juvenile should indicate that young people who commit violent crimes will be dealt with severely by the criminal justice system,” Lake County Prosecutor Jack Crawford said. Ms. Thomas became the first, and youngest, of four teen-agers charged with murder in Mrs. Pelke’s death to face trial. She was convicted last month in a four-day jury trial. Still facing trial on charges of murder are April J. Beverly, 16, Paula R Cooper, 16, and Karen D. Corder, 17, all of Gary. Each could face the death penalty if convicted. All are being held without bond.

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when Indiana’s mandatory seat-belt law takes effect July 1,1987. Senate Bill 115 would require those people to carry a written statement from their doctor that wearing a seat belt would be harmful to them. Police and firefighters would have the right to bargain collectively but would be prohibited from striking under S.B. 99, introduced by Sen. Allie Craycraft, D-Selma. The measure would provide a way to select a bargaining representative, to resolve negotiating impasses and permit payroll dues deductions for employee organizations.

“Recognition by local government employers of the right of police officers and firefighters to organize and to bargain collectively can alleviate various forms of strife and unrest,” the bill said. Other bills filed Wednesday would: —Exclude from the definition of a gambling device any slot machine that’s more than 25 years old and isn’t used for gambling. —Boost the motorcycle registration fee from $lO to sl2 and establish a state-run motorcycle operator safety education program. —Require the Bureau of Motor Vehicles to include a replica of the state flag on legislative license plates. —Require the Indiana Department of Public Welfare to pay for the hospital care for an indigent injured in an auto accident. —Extend from six to 20 years the deadline for a state university or political subdivision to sue to collect a debt.

as early as next year. He predicted morale will be low until the district figures out financial alternatives. “These decisions may be absolutely necessary, but we have told the people what we may be facing,” Adams said “Therefore they shouldn’t be too upset when we do what we have to do.” Kiely noted the State Budget Agency announced this week a SSO million shortfall in revenue forecasts for the first five months of the fiscal year. Tmere won't be any great surpluses to distribute during the upcoming short session of the Legislature, he said. “It’s very difficult to go back to the state and say, ‘Okay state, we didn’t do it; you do it,’ when we passed a golden opportunity to do it for ourselves,” said State Sen. Julia M. Carson, D-Indianapolis, an IPS supporter. She said she didn't expect any new funding for IPS from the 1986 Assembly. But she said more money may come for all school districts in the long run. “Of course we are very disappointed in

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Court hears ex-fireman's appeal

INDIANAPOLIS (AP) The Indiana Supreme Court has been asked to decide if a former Evansville fireman was prejudiced by being forced to claim his Fifth Amendment privilege in front of the jury that held him civilly liable for the death of a Santa Claus girl. The five justices heard arguments Wednesday from lawyers for William and Rosemary Kohm, the victim’s parents, and Stanton H. Gash, the defendant in a wrongful death suit for the slaying of Kathleen Mary Kohm. The 11-year-old disappeared in April 1981 while jogging near her Spencer County home. Gash, who lived nearby, was a suspect in her death but was never charged with the crime. The Kohms filed suit against Gash seeking civil justice for the death of their daughter. After a trial in Warrick Circuit Court, the jury awarded them $5,000 in damages. The Indiana Court of Appeals, in

the results,” said Adams. “But, we took our case to the public, and now we will have to live with their decision. “It will be more difficult for us, and there will be serious problems to face in the future; but the people have said they do not want any more local increases in property taxes. We’ll have to live with that.” The defeat of the Indianapolis school referendum could force city government officials to look at new sources of revenue. Mayor William H. Hudnut said. He said the referendum shows that residents are opposed to increases in their property taxes. He said he is considering a 1 percent local sales tax that might permit cutting property taxes. The plan would have to be approved by the Legislature. Fort Wayne Community Schools Superintendent Bill Anthis said, “If parents had voted in greater numbers, we believed it would have passed. I think the people had plenty of opportunity to hear about the programs.

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a 2-1 decision, upheld the judgment earlier this year. Gash has asked the state’s highest court to overturn the decision. It’s uncertain when the Supreme Court will rule. Declaring that “hard cases make bad law,” John D. Clouse of Evansville, Gash’s lawyer, said a reversal is warranted because of insufficient evidence as well as the Fifth Amendment issue. At the trial, Gash was called to the stand, identified himself and was forced to invoke his privilege against selfincrimination in the jury’s presence. “It really denigrates the constitutional principle if, by using it, you are to incur a disadvantage or a liability,” Clouse said. Clouse complained that the case against Gash was nothing more than an amalgam of circumstantial evidence. By forcing Gash to claim the Fifth Amendment, the judge allowed the jury to draw the inference that he had something to hide.

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Clouse said. “In this case, the Kohms knew well that Mr. Gash would not testify. ... They knew full well that he would avail himself of the Fifth Amendment,” he said. Terry R. Noffsinger of Evansville, the Kohms’ lawyer, insisted that under Indiana law an inference can be drawn from a civil defendant’s failure to testifv Justice Dixon W. Prentice observed that “it seems to me the issue is whether there’s a price on the exercise of the Fifth Amendment privilege.” At the close of the hour-long hearing, Gash declined comment. But the Kohms expressed frustration over the continuing legal battle. “It’s beyond anybody’s comprehension unless their child has been murdered and the murderer walks the street,” Mrs. Kohm said. “It’s kind of a disheartening feeling of where is the justice in this country?”

December 5,1985, The Putnam County Banner Graphic

Mrs. Witte convicted in 2nd murder VALPARAISO, Ind. (AP) - For the second time in less than a month, Hilma Marie Witte has been convicted in the murder of a family member. Porter Superior Court jurors deliberated eight hours before convicting Mrs. Witte, 37, late Wednesday night of murder and attempted murder in the shooting death of her husband, Paul Witte. No sentencing date has been set. Defense attorney Scott King had claimed Mrs. Witte should be acquitted on the basis of self defense. He said Mrs. Witte’s son, Eric, killed his father in 1981 to protect himself and other members of his family from violence and possibly death. In LaPorte County last month, a jury convicted Mrs. Witte of murder and conspiracy toncommit murder in the 1984 crossbow killing of her stepmother-in-law, Elaine Witte, 74. Elaine Witte was shot as she slept in the family’s Michigan City home because Mrs. Witte feared the elderly Woman had discovered a family plot to drain her bank accounts, according to the testimony of prosecution witnesses. Mrs. Witte’s younger son, John, 16, confessed to the killing and said his mother plotted the slaying and ordered him to carry It out. He pleaded guilty to manslaughter and was sentenced to 20 years in prison. Mrs. Witte hasn’t been sentenced in that case. Prosecutor Daniel Berning rested the prosecution’s case Wednesday after presenting testimony from Mrs. Witte’s mother and her two sons. King rested the defense case after calling only one witness. The accused did not testify.

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