The Des Moines Register from Des Moines, Iowa • Page 3

DES MOINES REGISTER 3A Sept. 11, 1982 REGISTER PHOTO BY BOB NANOELL Schools denied exemption; court showdown expected Child to stay in foster home 2 more weeks i if I I I II I 1 1 5 ill A 1 'tl:) If are ministers in the church, so it is unconstitutional for the state to license them. But only board member who voted to grant the exemption to the Baptist parents was Lucas DeKoster of Hull, a former state senator who was among the lawmakers to vote for passage of the Amish exemption in 1967. "Their philosophy is that their religion pervades all aspects of their lives, including their teachers," DeKoster said in an interview. "So their teachers in a sense should not be touched by the state.

As long as the state is satisfied the kids are making reasonable progress, that's the thing." DeKoster's views are not shared by Karen Goodenow of Wall Lake, the president of the board. Goodenow said she doubts that unlicensed teachers are adequately trained to teach. "Quality education is very important in the state of Iowa," said Goodenow in an interview. "And I ask, what happens 15 or 20 years down the road if the students aren't prepared? What are we dumping on society? "The Amish work well with us, but if I had my way, the Amish wouldn't be exempted either." Craig Hastings, an Ames lawyer representing the Charles City and Fairfield parents, said he would use the board's denial of their exemption requests as evidence in the trial that his clients have been denied equal protection of the law. Had the board approved the exemption requests, there would have been no need for the trial, Hastings said.

"We're not itching to fight," he said, "but now we've got to try" to win in court. The Board of Public Instruction is a defendant in that case. Its legal adviser, Assistant Attorney General Merle Fleming, said the outcome should help answer a number of questions about Iowa's education laws. i. iiii -'-wis Don't challenge these fellows Clyde Wood, left, and Dean Culver spend a warm afternoon this week playing shaffleboard at the Panora town square.

Three thousand dollars has been put into two shoffleboard courts since a shaffleboard club was formed six years ago by a group of senior citizens. The popular courts even have lights! Couple's 2nd child born in back seat of family car Judgo orders 6 men sent fo prison By DAVE BROWN Inhhr Staff WrIMr Six persons convicted of forcible felonies in Black Hawk County should be in prison instead of free on bond while the Iowa Supreme Court considers their convictions, a district court judge ruled Friday in Waterloo. At issue was whether a new Iowa law that eliminates the free-on-appeal bond provision applies to persons who were sentenced before the law went into effect on July 1 Judge Leonard Lybbert said it does apply, and ordered the six men to prison beginning Sept. 24, unless the Iowa Supreme Court stays his ruling before then. Attorneys for the defendants had argued that applying the new law to their clients would be an unconstitutional ex post facto use of the statute.

They argued that the legislature could have made the law retroactive, but did not so specify. Black Hawk County Attorney David Correll said be was pleased with Lybbert's decision. "The appellate process can be so time-consuming that people can see a guy out on the street a year after he was convicted," Correll said. This gap, he said, "has diminished peoples' confidence" in the criminal justice system. Correll said the new law denying appeal bond to people convicted of serious crimes should help correct the shortcoming he described.

The six men ordered to prison by Lybbert, and the crimes of which they were convicted, are: Hope Martin Anderson of Waterloo, third-degree sexual abuse; Lawrence Hartman of Aplington, second-degree murder, Thomas Vavrik of Waterloo-, terrorism; and Danny K. Cooper of Waterloo, Cedric Howard Graves of Waterloo and Keith DeGroote Qf Cedar Falls, all convicted of first-degree robbery. Lybbert denied DeGroote's application for appeal bond and invalidated bonds already set for the others. In his 17-page ruling, Lybbert said a defendant has a right to bail before trial because a person is presumed innocent until proven guilty. But he cited another court case that held that after conviction, "the presumption of innocence has been extinguished.

The necessity to protect society against further criminal acts by a convicted but unpunished person outweighs society's interest in protecting persons who may have a reversible conviction." Fire marshal finds car blaze was set Tht Register's Iowa Nws Strvic FORT DODGE, IA. A state fire marshal said that Anver Habhab, 66, of Fort Dodge set himself and his car on fire Tuesday. Habhab, who owns a restaurant and lounge in Fort Dodge, was listed in critical condition Friday at University Hospitals in Iowa City. The report backed up earlier investigations, which showed no foul play was involved. The car interior was saturated with gasoline.

Gas also was found on Habhab's clothing. Habhab's car was found burning Tuesday afternoon at the Scally Mines west of Fort Dodge. Authorities said Habhab was conscious when pulled from the locked car. He had burns over half his body. Memories Make it ecial Graixtixiivnrs Ury.

Join the Grand Parade to Grandparents Day, Sunday, September 12th, at the Holiday Inn SOUTH we bring you our Special Sunday Brunch, featuring: Piping Hot Entrees, Steaming Vegetables, Chilled Salads and Freshly Baked Rolls. Served from 10 a.m. to 2 p.m. $4.95 for Grandparents with Grandchildren $6.95 for Adults $4.95 for Children SOUTH 2101 Fleur Drive 283-1711 So i while she was gone, the baby came," said Tammy. "We're not having any more children," she said.

"It's hard telling how the next one would come." Four Iowans die in accidents Tlw RraiiHfs Iowa Nwi Srvtca Four Iowans were killed in separate automobile crashes in the state Friday, authorities said. Three people died in a two-car crash near Alta about 8 p.m. Friday, said a spokesman for the Iowa State Patrol, but the names of the victims were not released pending notification of relatives. The spokesman said the wreck occurred at the intersection of two Buena Vista county roads after a northbound automobile failed to stop for a stop sign and struck an eastbound car. About 4 a.m.

Friday, Terry Ann Barrett, 24, of Luther, was killed when her car ran off Iowa Highway 17 north of Madrid, authorities said. The woman was taken to Iowa Methodist Medical Center in Des Moines where she was pronounced dead, authorities said. Reagan to help Fenwick OGDEN, UTAH (AP) President Reagan will visit New Jersey next Friday to campaign for Representative Millicent Fenwick, the Republican senatorial candidate in the state. Tvffini xt i i i By ELIZABETH FLANSBURG Milw Staff Writer IOWA CITY, IA. Four-year-old Bobbi Jo Kirkwood will remain in a foster home for at least another two weeks rather than be reunited with her mother, Tami Gilson.

At a disposition hearing in Juvenile Court Friday, Juvenile Court Judge Brent G. Harstad said that he wanted more information on the case, including the social history of Rick Thompson, Gilson's boyfriend. Gilson pleaded guilty in July to a charge of wanton neglect of a minor after she was accused of abandoning her daughter on the steps of an Iowa City church in June. She received a one-year suspended sentence and was placed on probation for a year. "I don't trust placing the child with Rick Thompson" without further information, Harstad said.

Thompson, who was seated in the back of the courtroom, walked out and slammed the door during Harstad's ruling. A social worker with the Iowa Department of Social Services, Judith Ellyson, testified that Thompson would not cooperate and became angry when she asked him about his past. During the initial interview Thompson said he would cooperate, Ellyson said. "But the last time I saw him, he told me that anything that happened before he met Tami was not any of our concern." When questioned by Gilson's attorney, Clemens Erdahl, Ellyson said Thompson, "gets along with Bobbi Jo very well." She added that the child asks about Thompson frequently and spends a lot of time with him during their weekly visits. Harstad said he also wanted further information on the medical reports made about Bobbi Jo when she was taken to the University of Iowa Hospitals after she was found crying on the steps of the church.

The reports and pictures show that Bobbi Jo had various bruises on her body when she was found and small bumps. "I've got kids of my own and I know they get bruises," Harstad said. But he added that the small bumps were not bug bites as Gilson had said earlier. Ellyson said Thompson has been married for 18 years and has three children. He has not filed for divorce, she said.

Gilson has at least two other children, Ellyson testified. Although Gilson said she has placed two sons up for adoption, it has not been determined whether those adoptions have occurred. Although Ellyson said she was concerned about Thompson's refusal to cooperate with the Department of Social Services, she recommended that the child be reunited with her mother. Thompson has a steady income and he and Gilson have "adequate housing" a two-room camper in Marengo, she said. "How can you return a child to his care and expect him to cooperate?" Assistant County Attorney Dan Bray asked Ellyson.

"I'm recommending that the child be returned to Tami Gilson," Ellyson said. Bray recommended that the child temporarily remain under the care of the Department of Social Services until a complete social history is done on Thompson and a specific plan be arranged for Gilson, Thompson and Bobbi Jo to follow. A general case plan developed by Ellyson calls for a social worker to monitor the household, Gilson and Thompson to receive parental training and Bobbi Jo to attend preschool or the Head Start program in Marengo. A second hearing is scheduled Sept. 24.

(ET iimin.ii mi By JONATHAN ROOS fttofstor Staff Wiitar MASON CITY, IA. A court showdown over state regulation of schools was virtually "guaranteed Friday when the Iowa Board of Public Instruction refused to grant the so-called Amish exemption Jor two independent Baptist schools The board, on a 5-1 vote, decided the parents of students at Suburban Heights Baptist Church School in Fairfield and Calvary Baptist Christian Academy in Charles 'City should not be excused from compliance with state education laws, including a requirement that their children be taught by state-certified teachers. The majority agreed with the findings of state Superintendent Robert Benton that the religious tenets of the parents' churches do not conflict with the goals and philosophy of a state law that spells out what 'subjects must be taught in schools. In taking that action, the board signaled its readiness to go to trial Oct 26 over a lawsuit filed by the parents of children in the Charles City school. That suit, filed in Floyd -County District Court last year, chal-' lenges the constitutionality of the -Amish exemption and other education statutes.

The exemption is identified with the Amish because it was enacted by "the Iowa Legislature with that "religious group in mind. During the "1960s, the Amish objected on -religious grounds to using teachers more than an eighth-grade education, and so they refused to send their children to schools that 'employed state-certified instructors. The Baptist families argued unsuccessfully that they have even sharper religious conflicts with state school laws than the Amish do. They said that an objective of the educational standards law "is to take the concept of the Christian God and the need for salvation out of education, and to make education secular and humanistic, and therefore unbiblical. The parents also said their teachers Cooney lawyer sees mitigating circumstances 5T 'Continued from Page One Cooney 'i involvement in the case while investigating complaints "against Orval Cooney, the official said.

That information was turned 'over to a grand jury, which returned an indictment against Alan Cooney on Julyl. Alan Cooney was accused of "receiving goods valued at between $500 and $5,000 between June and October 1981. Court papers said Cooney had reason to believe the oil had been stolen. According to those documents, some former Macmillan employees delivered the oil to Cooney. Cooney 's lawyer, Tim Pearson of Des Moines, said Friday that "there a technical violation of the law, but there were a lot of mitigating circumstances that will be brought out when it comes time for sentencing." He declined to reveal the other circumstances.

Earlier this year, West Des Moines police officers told the Des Moines Tribune that Alan Cooney was linked to the theft of $11,000 worth of construction equipment from a West Des Moines building site. Bernard Taylor, a West Des Moines 'police sergeant, accused Orval Cooney of hampering the investigation by discussing the burglary with his son after Alan Cooney had been suspected as a possible recipient of stolen items. Alan Cooney has denied any involvement in the burglary, other than helping police recover the stolen property. Orval Cooney has said he never discussed the burglary with his son. In June, a grand jury indicted Thomas L.

Watson of 4355 N.E. Thirty-second Court and Lester M. Cleghorn of 1228 E. Seneca St. in connection with the theft.

EstheryiUe depot damaged by blaze ESTHERVTLLE, IA. Fire caused an estimated $50,000 damage early Friday to the North Western Railway depot building here, officials said. Estherville Fire Chief Lyle Hum said the fire started about 12:30 a.m. in the first floor of the 2 V4 -story building and caused structural damage to the building. Firefighters worked 4 hours putting out the blaze.

Hum said the cause of the fire has not been determined. N.D. trios wfl vote on g8rIst ordinance PARSHALL, N.D. (AP) The Tribal Council on the Fort Berthold Indian Reservation will consider next week an ordinance authorizing charitable gambling and setting the betting limit for blackjack above what state law allows. Rodney Webb, U.S.

district attorney for North Dakota, said any gambling ordinance the tribe might pass also would have to be approved by the Department of the Interior. So new clues in search for boy By KEN FUSON RtfHtaf SfttH Writer Authorities still have come up empty-handed in their search for 12 year-old John Gosch, the West Des Moines paperboy who has been missing since early Sunday. Gene Meyer, special agent supervisor for the Iowa Division of Criminal Investigation, said Friday there were no new developments in the case. "We're still just following up on the information we have received," Meyer said. He noted that investigators have received dozens of calls from the public, but so far nothing has panned out.

"They're calling in information and we're checking it out," he said. Authorities have been interviewing Gosch's teachers, school friends and neighbors in an attempt to learn more about the boy's past. Meyer said the organized search for the boy was called off Thursday night, but volunteers are believed to be rechecking some areas. Investigators have referred to Gosch as a "missing person" and have said they have no information foul play is involved or the youth ran away. A total of $33,000 in reward money has been offered by several different groups for information about the boy's whereabouts.

$70,000 missing GARDEN GROVE, CALIF. (AP) -Transit officials have asked the district attorney to find out what happened to $70,000 missing from bus fare boxes. By WILLIAM RYBERG Oi Tht RMitM'i Duvmort Butmu BLUE GRASS, IA. Tammy and Jeff Mills jumped into their car late Thursday night for the 15-mile drive to the hospital for the birth of their second child. They never made it past the house next door.

"As soon as I got in the car, I said: 'The baby's Tammy Mills, 24, recalled Friday. Jeff, 29, had a question: "Can't you wait?" he asked. Tammy does not remember her reply, but the correct answer was "No." With help from a Blue Grass policeman and as a half-dozen neighbors looked on Nicole Marie Mills was born at 11:54 p.m. in the back seat of her family's 1975 Pontiac Grand Prix. She weighed seven pounds, and measured 19 ft inches.

Mother and daughter were doing fine Friday in St. Luke's Hospital in Davenport, although Tammy had decided that the "experience" was a little embarrassing. "At the time it didn't bother me. But when you think about all those people," she said. They included the neighbors and the members of an ambulance crew who arrived later.

"It was a little bit embarrassing, after the fact," said Tammy. "But what can you do about it?" The Mills' first child, Kelly, now 2 ft was no slow-poke, either. Jeff delivered her in the hospital labor room. "The student nurse had gone to get a regular nurse and Special Offer ISalcIwtri Pianos Organs FUNM7TCHINE Direct Factory Financing ACT TODAY! FOR BEST SELECTION of SALE INVENTORY! Offer expires Sept. 30.

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