Arizona Republic from Phoenix, Arizona • Page 15

tate the Arizona republic Kristin Gilger, metro editor, (602) 444-8222 kristin.gilgerarizonarepublic.com news.azcentral.com THURSDAY January 24, 2002 SECTION METRO EDITION Valley BRIEFS blic records access tighten ARIZONA PUBLIC RECORDS aDentralcom Find a public records research primer and more at more.azcentral.com. By Jacques Billeaud Associated Press and Enric Volantc Arizona Daily Star Public records tell homeowners about building projects in their neighborhoods. They contain details about waste sites and air quality. And they document how the government protects public safety and spends taxpayer money. But more and more, the public can't see these documents without a fight.

A statewide audit last fall found that judges to decide whether they have to comply with the law. Those who wage access battles citizens, watchdog groups and the media say that even though the struggle is becoming more difficult, it's worth it because public records reveal things that might otherwise go unnoticed. Michael Gregory, director of Arizona Toxics Information, a Bisbee environmental group, said records allow citizens to see for themselves what officials are doing rather than having to See RECORDS Page B7 EDITOR'S NOTE: This project is the result of a six-month effort by Arizona media organizations. It was organized by Associated Press Managing Editors of Arizona to find out how a citizen would be treated when attempting to use Arizona's Public Records Law. Nineteen media organizations and the journalism schools at Arizona State University and the University of Arizona teamed up to conduct the audit.

police agencies failed nearly half the time to turn over records on crimes. At a quarter of the school districts visited, auditors had to cite the state's Public Records Law to get documents. The law allows citizens to sue if they feel records are being wrongfully withheld, but some governments now are beating citizens to the punch by asking 'if- Return of photos mother's concern i pi Redistricting plan is off to Washington Arizona's maps of new legislative and congressional districts will be mailed to the U.S. Department of Justice today, 12 weeks after they were approved by a panel of citizens. The maps face a legal minefield, starting as early as next week when a coalition of prominent Hispan-ics is threatening to file a lawsuit arguing that the legislative map should be more politically competitive while protecting minority-dominated districts.

The Justice Department has 60 days to approve the new election boundaries for both the state Legislature and congressional offices. Chip Scutari Suspect in murder facing civil lawsuit The family of torso murder case victim Ira Pome-rantz marked the upcoming second anniversary of his gruesome slaying by filing a civil suit against his wife, who is accused of killing him. The three daughters of Pomerantz, 60, whose torso was dumped into a Mesa trash bin on Jan. 27, 2000, filed a wrongful death suit on Wednesday against Valerie Pape, 49, who is charged with first-degree murder. "She should be held accountable, both criminally and civilly," said Stacy Pomerantz, one of the victim's daughters.

"My sisters and I were very close to my father. We miss him very much. This is not just for us, this is for him." Mervyn Braude, her attorney, said filing the suit protects the Pomerantz family's right to collect potential damages even if Pape may not have assets. More news briefs, B3 CALENDAR V2 1 A-2V 0 4t XZ WW (4 By Dennis Wagner The Arizona Republic Judy Heatley doesn't care about the digital camera that disappeared from the crash scene. It's the photographs inside that she wants, Christmas snapshots of her 17-year-old son taken just days before he was killed in a freeway accident.

"The last pictures that were taken of Zachary were on that camera," Heatley says, her voice breaking with emotion. There were other photos, too, including some of her father taken shortly before he died from an illness. In fact, Judy and Zachary Heatley were en route to the funeral when it happened, driving from their home in Las Cruces, N.M., to memorial services for Grandpa in Modesto, Calif. Mother and son got up at 3 a.m. on Jan.

6 to make the long trip. Zachary packed a white dress shirt in case he was needed as a pallbearer. They talked about Grandpa dying, about being upset. Then something went wrong along Interstate 10 near the Maricopa Road off-ramp south of Phoenix. Heatley says she doesn't know who was driving: "I was told he was; I thought I was," or See CAMERA Page B7 Emmanuel LozanoThe Arizona Republic The Goo Goo Dolls played for partygoers Wednesday night at the opening Birds Nest festivities for the Phoenix Open.

Open party a 'small-town' bash Big crowd lives large at Birds Nest event Inside How to get to the Open and things to know to make the drive easier. BIO. Young Dubliners on Friday, and Jerry Riopelle and Dennis Quaid the Sharks on Saturday. Several people said the Birds Nest differs from regular nightclub outings because they get to see friends they haven't seen in years, making it a reunion of sorts. That, and the golf, has brought Tesha McCormick, 26, of Phoenix to the Birds Nest for four years.

"It just becomes a smalltown event," McCormick said. By Sean McCarthy The Arizona Republic The only thing fashionably late about the 2002 Birds Nest was its debut. The official 19th hole of the Phoenix Open and the Valley's biggest "small-town event," the Birds Nest opened at WestWorld of Scottsdale almost a half-hour late Wednesday. But the crowds were lined Birds Nest is a tent built for 8,000. Each night opens with a giant happy hour, with people congregating outside the tent around tables and heat lamps, listening to local band Azz Izz, then venturing inside to dance to the affable cover band, Duck Soup, and wait for the headliner.

The Goo Goo Dolls headlined Wednesday, with Cowboy Mouth following tonight, the up and waiting. And they were fashionable. At least compared with a typical golf party. If it seemed more like a night out at a Valley club, that's the intent. Except the TODAY: A concert by the Buena Vista Social Club, 7 p.m., Gammage Auditorium, Mill Avenue and Gammage Parkway, Tem-pe.

Cost: $9 to $39. (480) 965-3434 or Ticketmaster (480) 784-4444. More events, B3 Ellman expected to unveil new plan for Los Arcos Mall site mm Lib ARIZONA PLACES -k By Ixsley Wright The Arizona Republic Nearly a year after the collapse of plans for a hockey arena at Los Arcos Mall, developer Steve Ellman is expected to announce Friday that he has plans to bring three big-box stores to the failed shopping center. The proposal, which will be unveiled to Scottsdale leaders try to work with Ellman to have a small events arena surrounded by retail businesses built on the site. City Manager Jan Dolan said Scottsdale will set aside any lingering emotions and fairly evaluate any Ellman proposal.

"This is a business deal," she said. Republic writer Diana Balazs contributed to this article. bitter Los Arcos campaign, and asked him what he would support at the site several months ago. Zraket said Wednesday night that Ellman showed him the plan and that he thought it would be nice for south Scottsdale, but he did not pre-approve the proposal. But he said he admired Ellman for approaching his enemies first.

today, also calls for a neighborhood shopping center on the site at Scottsdale and McDowell roads. Although Ellman would not give details, others have said the deal contemplates a Wal-Mart Supercenter, a Sam's Club and a Lowe's home improvement store. Ellman said he approached Councilman George Zraket, his chief adversary during the "You've got to give credit to Mr. Ellman: Nixon went to China. Ellman came back to Scottsdale," he said.

The developer, who has had a hostile relationship with the city since the arena debacle, said he is counting on some financial assistance from Scottsdale, perhaps in the form of tax rebates. The city has spent months polling neighbors and voted to Aging fireballer rises (again) from the ashes The Arizona Republic New Jersey's Atlantic City has its Lucy, an elephant statue you can climb into. Arizona's Safford has its oil-drum elephant, sitting along U.S. 191, advertising a roadside antique shop. Richard Nilsen INDEX Some days, Dave Graybill's baseball dream is played out on a football field.

It begins with him standing on the 50-yard line with a glove and two big buckets of base Lottery B2 Things to B3 Traffic B2 Opinions Weather BIO COMING SUNDAY still have the dream." For more than 10 years Graybill has been a firefighter in Glendale. A few years back, he participated in the rescue of two girls from a burning house. The same day he went out and pitched two scoreless innings at a spring training game. He has pitched in the minor leagues and had a taste of the big leagues as a replacement player in the mid-1990s. But arm injuries eventually caused him to quit.

People told him he'd done better and gone further than most athletes. But for Graybill it wasn't enough. Nearly two years ago, he decided to have his damaged elbow repaired. He contacted a doctor who works with the Diamondbacks. The operation he underwent saved the careers of Tommy John and other big leaguers.

"My dream now is to become maybe the oldest rookie pitcher ever in the major leagues," Graybill says. "All I need is a chance. The beautiful thing about baseball is it doesn't lie. You either get the batters out or you don't. You have the stuff or you don't.

I believe I still do." He'll get his chance to prove it Saturday at ASU's annual alumni game. Each year the college squad takes the field against former players. It's scheduled for 2 p.m. at Packard Stadium in Tempe. "I'm sort of looking at it as my coming out party," Graybill says.

"It should be fun. It's a challenge, like a lot of things I've done. That's why I love being a firefighter so much. It's why I love teaching kids how to play baseball. It's about not giving up.

It's about trying to live out your dream." After tossing baseballs toward an end zone from 70 yards away, Graybill moves all the way to the goal line. It seems impossible, a man trying to toss a baseball from end zone to end zone. It is impossible for those of us whose dreams reside in places beyond our reach. All his life, however, Dave Graybill has had what coaches and professional scouts call a "live arm." He can throw fast. He can throw far.

Reach Montini at ed.montiniarizona republic.com or (602) 444-8978. fice and told him I wanted Tommy John surgery. I'm not giving up on this. It's going to happen." During his "long toss" workouts, Graybill first stretches a little at mid-field, then reaches into one of the buckets and begins heaving baseballs toward the end zone. "I have no pain," he says.

"I'm in better shape now than I've ever been before; I'm throwing the ball 90 mph, and my breaking ball is back. All I need now is a chance." Twenty years ago, Graybill was a hot young prospect at Arizona State University. He had been a star at Tempe Union High School. He played with future superstars like Barry Bonds and was part of the U.S. Olympic team.

A brilliant professional career seemed a sure bet. Then he got hurt. After tossing baseballs from 50 yards away, Graybill moves to 70. "I guess you never know where your life is going to take you," he says. "All I know is that from the time I was 5 years old I dreamed of being a ballplayer.

Now I'm 39, and I LJ Sir4! balls. It ends with him standing on the pitcher's mound of a major-league ballpark. "I can see it happening," he says. "I'm reli E.J. M0NTINI The Arizona Republic Who lives there? Owners of the former Westward Ho hotel are negotiating a contract to keep the landmark as subsidized housing for years to come.

But who lives in the former home of Hollywood royalty these days? Sunday In The Republic. gious about training. I'll do long toss. I'll pitch simulated games. I'll work with batters whenever I can.

I've been at it for the past 16 months, ever since I walked into (Dr. David) Zeman's of- fiii ffl ww a tt i a a a i a t. a t-? 1 i i rj fr i a i 1 1 F- i i i I fcmiiiin "mi ft.