Banner Graphic, Volume 18, Number 72, Greencastle, Putnam County, 1 December 1987 — Page 3

Teacher who stole books sent to jail

HAMMOND, Ind. (AP) The judge who sends students to jail for bad grades has ordered a teacher to jail with instructions to tutor students in danger of flunking. City Judge Peter Katie on Monday sentenced Mark R. Bailey, a mathematics teacher at the Indiana Vocational Technical College’s Hammond center, to spend 10 weekends in the Lake County Jail for possessing books stolen from a school bookstore and selling them to the Purdue University Calumet bookstore in Hammond. • Katie also directed Bailey, 27, East Chicago, to tutor 50 students Katie has said must improve their grades or face jail terms under a controversial probation program. 80881 COSTA, AN assis,tant to Katie, said Rob Jeffs, director of operations at Ivy Tech in Hammond, discovered 18 new and used books missing last week from the school’s bookstore and that they had been sold to Purdue Calumet’s bookstore. , Costa said Bailey’s signature was found on receipts Purdue Calumet issued for the books, which have a retail value of .about $35 each but were pur-

Reagan nominates Indiana attorney for federal post

. MERRILLVILLE, Ind. (AP) Rudy Lozano, a Merrillville lawyer, has been nominated by President Reagan to a federal judgeship for the Hammond Division of the Northern District of Indiana, an aide to Sen. Richard G. Lugar said. ..If confirmed, Lozano, 45, Valparaiso, would be the first Hispanic federal judge in Illinois or Indiana ssid. Lozano was recommended by the U.S. Justice Department in August. He was one of three finalists recommended to the Justice Department by the Merit Selection Commission on Federal Judi-

Legislature may create new business agency

INDIANAPOLIS (AP) The 1988 Legislature may be asked to create an agency to help finance exports by small and medium-sized Indiana businesses. ' SUCH AN AGENCYwas recommended by the Indiana Economic Development Council, which issued critical reports last week on the state of exporting in Indiana. A task force appointed by the council is studying an Illinois program as the basis for possible action here, Robert B. Bassler, vice president of the council, said Monday.

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chased by Purdue Calumet for about $lB. Costa said Jeffs reported the matter to Hammond police. Detective Sgt. Ernest Macielewicz arrested Bailey Monday. Bailey pleaded guilty. Costa said Katie sentenced Bailey to one year in jail and suspended all but 10 weekends on condition Bailey spend the next year tutoring high schools students convicted of under-age drinking. KATIC SAID THOSE students were doing poorly in school because of bad study habits. He placed them on probation on condition they get no D’s or F’s on their report cards during the probation period. Katie has sentenced six 17-year-olds to jail recently for violating probation by receiving bad grades. Katie later freed some of the youths after their families hired lawyers who negotiated lighter sentences for them. Katie said he has heard nothing but praise from people who have telephoned or written the court about his get-tough practice and he intends to continue it

cial Appointments. Commission members were named by Lugar and Sen. Dan Quayle, Rs-Ind. Lozano would replace former U.S. District Judge Michael S. Kanne who was appointed in June to the U.S. 7th Circuit Court of Appeals. It is unknown when the Judiciary Committee would consider Lozano’s nomination. The committee begins hearings Dec. 14 on federal appeals Judge Anthony M. Kennedy’s nomination to the Supreme Court. The committee isn’t expected to vote on Kennedy until January.

Many companies wanting to begin exporting often find it difficult to get financing because small banks lack the expertise and large banks aren’t interested in small transactions, Bassler said. Such a program “is on the platter of things we’re considering” for the upcoming session, said Karl F. Berron, an assistant to Lt. Gov. John M. Mutz. MOST PROBLEMS are encountered by smaller companies that want to make a foreign sale and go to their local bank to discussing financing, Bassler said.

state

Court throws out prison guard’s two convictions

INDIANAPOLIS (AP) A former state prison guard invited disciplinary action but did nothing illegal when he arranged a conjugal visit for an inmate, the state Court of Appeals has ruled. In a unanimous decision Monday, the court threw out the theft and official misconduct convictions of Lyman R. Thomas, 46. He was charged with allowing a prisoner to visit his wife at a motel during a trip from Michigan City to Indianapolis to deliver license plates in July 1985. Thomas was sentenced to two years in jail after being found guilty in LaPorte Superior Court in November 1986. “THE ACT, BY a prison guard, of permitting a prisoner to have a conjugal visit is highly irregular and irresponsible,” Judge George B. Hoffman Jr. wrote for the court. “However, neither our research, nor do the parties’ briefs reveal any statute or regulation outlawing such conduct. “Thomas’ conduct certainly would be grounds for severe disciplinary action, but the criminal justice system is not intended to handle personnel matters,” the court said. Thomas, who resigned from his job last year, was charged with unauthorized control over meal money and improperly filing for three hours of overtime pay after his trip to Indianapolis, where he and an inmate delivered license plates to the airport for shipment to the Virgin Islands. Prosecutors alleged that on the way back to Michigan City, Thomas stopped at a Grovertown motel, where he allowed James Blackburn, an inmate making the

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trip, to visit his wife. THE MOTEL VISIT was discovered when a later routine shakedown of prisoners revealed a motel receipt being carried by Blackburn. The appeals panel said there was no evidence to show Thomas acted improperly in getting the S3O in meal money he was entitled to for the trip to Indianapolis. While some evidence suggested the overtime pay was for three hours Thomas spent waiting.outside the motel, there was no evidence to indicate that Thomas had been told such an activity would be considered unauthorized for overtime pay purposes. In other decisions: —The Court of Appeals ordered a new sentencing hearing in Ripley Circuit Court for a man sentenced to 12 years in prison after pleading guilty to burglary and theft. The court said the sentences given Raymond Fugate Jr. for the February 1985 break-in at the Question Mark Auction Bam in Osgood were too severe. The judges noted Fugate received the maximum term 8 years and 4 years, respectively for burglary and theft with the additional stipulation the sentences be served consecutively. ‘THE MAXIMUM sentences for burglary and theft, and consecutive sentences, should be reserved for the defendants who demonstrate multiple or serious aggravating factors coupled with few or no mitigating factors,” Judge Stanley B. Miller wrote for the court. “Fugate, a first-time felony offender, clearly does not fall into this category.”

Terre Haute due for more Cubans

TERRE HAUTE (AP) The federal penitentiary at Terre Haute may become a temporary home for some of the 1,000 Cuban detainees who took control of a Louisiana federal detention center. They may come to Terre Haute before being relocated to other facilities, a spokesman said Monday. “We are going to have some inmates coming through here, but I don’t know where they’re coming from,” said Tom Delaney, a public information officer at the Terre Haute prison. “I have not been told that they’re coming from Atlanta or Oakdale (La.)” INMATES AT THE Oakdale Federal Detention Center freed 26 hostages and surrendered Sunday after an eight-day siege to protest the government’s plan to deport undesirable refugees to Cuba. In Atlanta Monday, 1,139 Cuban inmates still held about 90 hostages at the U.S. Penitentiary. Delaney said he did not know when the inmates would arrive here. However, 80 Cuban inmates not involved in the uprisings were flown to Hulman Regional Airport

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December 1,1987 THE BANNERGRAPHIC

here early Monday, where they were reassigned to other penal institutions, according to a regional federal prison spokesman. The inmates came from the prisons in Georgia and Louisiana and were moved to buses at the airport and sent to facilities north and east of Terre Haute. Authorities are using Terre Haute as a distribution point for Cubans because of its central location. A WEEK AGO, 74 non-Cuban inmates from the Atlanta prison were flown to Teire Haute to reduce the prison population in Atlanta. One inmate was housed at the U.S. Penitentiary south of Terre Haute, 14 were placed temporarily at the Vigo County Jail, and the rest were taken to other institutions. Authorities at the federal prison here have refused to discuss details of inmate transfers. Federal prisoners described as low security risks were housed last week at the Vigo County Jail and were shipped out Saturday, Sheriff James R. Jenkins said. HOWEVER, HE said, federal officials told him Monday to expect an additional 14 or 15 inmates.

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DAVID SNYDER, H.A.S.

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