Decatur Daily Democrat, Volume 57, Number 189, Decatur, Adams County, 12 August 1959 — Page 3

WEDNESDAY, AUGUST 12, 1959.

Asks Murder Charge On Carole Tregoff WEST COVINA, Calif. (UPI) — The prosecution said today it would seek first degree murder charges against Carole Tregoff even if she wins her battle against the charges in her current preliminary hearing. Deputy Dist. Atty. Fred Whichello said he intended to have the attractive 22-year-old defendant stand trial as the accomplice of socialite Dr. R. Bernard Finch in the July 18 slaying of his wife. Whichello made the disclosure after saying earlier he would be forced to drop the case against her if attempts by her attorneys—famed filmland lawyer Jerry Geisler and Robert Neeb—to free her in the preliminary hearing were successful. Her hearing, which will resume Thursday after being in recess today, appeared to hinge on the admission into evidence of testimony she gave two weeks ago during the preliminary hearing of Finch, 41. She was arrested after giving the testimony because, Whichello charged, it contained glaring contradictions of her earlier statements to police about the fatal shooting of Mrs. Barbara Finch, 33. At the opening of her hearing Tuesday—marked by a boisterous crowd of some 200 spectators who tried to jam into the 99-seat courtroom — both the state and defense submitted arguments to Muncipal Judge William M. Martin on admitting her earlier statements. Miss Tregoff’s attorneys contended she appeared as a voluntary witness and was not advised of her constitutional rights — namely, that she did not have to testify at all. Whichello admitted she had not been formally advised before testifying but said she Was not considered a suspect until her testimony was given. Rules Removal Os Member Is Illegal INDIANAPOLIS (UPI) — Indiana Atty. Gen. Edwin K. Steers ruled late Tuesday that the Noblesville City Council “had no power” to remove a member from the school board because the board was overbalanced by members of one political party. State taw requires that a political balance be maintained on school boards. In August, 1958, the Noblesville School Board was made up by three Democrats and two Republicans, all appointed by the Ctiy Council except the duly elected Republican township trustee. Three months later, voters elected a Democrat to succeed the GOP trustee and he became a member of the board by virtue of his office. To balance the board politically, the City Council re - moved a Democrat whose term of office had not expired and named in his place a Republican member. State School Supt. William E. Wilson asked for an official opinion to determine whether the City Council had the power to remove a member and, if so, how it would determine which member to remove. In his official opinion, Steers said the law requiring a political balance on school boards applied only “at time of re-appointment of a member, or, at time of filling of a vacancy in said board.” The City Council had no power to remove a member during his. specified tern# of office in order to maintain said political balance but was required to take such fact into consideration at the time of making an appointment in the June period next- following which will effectuate the proper ratio,” Steers ruled. . Steers said there is no provision in the law giving authority to the City Council to shorten the term of any elected board member. He said the only authority given the council is to fill vacancies that occur, but it would be illegal for the council to create a vacancy by removing a member without cause.

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DECATUR DAILY DEMOCRAT, DECATUR, INDIANA

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