The Des Moines Register from Des Moines, Iowa • Page 2

2 A The Des Moines Register Saturday, February 21, 1998 Iowa News IS- Dateline Iowa An election for TV watchers Cedar Rapids wters may choose a new cable company Lawyers contend system successful, Blume said TCI would take steps to meet the competition. She wouldn't reveal the company's plans, but added that Cedar Rapids is a choice battleground for TCI. "If we have to compete with a private provider, that's the place," Blume said. TCI has a "good system and good people working" in Cedar Rapids. Dissatisfied Customers But in Carroll, Mayor Tom Gron-stal said many people have not been satisfied with TCI's service.

"That's probably why it passed by more than 80 percent," he said. Gronstal said the city will conduct a feasibility study on what the community wants and whether the city can provide it. By TRACY DEUTMEYER Kkoistkr Staff Whitkh The city of Cedar Rapids is gearing up for a March election that may give its residents another choice in cable television providers. In December, McLeodUSA presented a proposal to become the city's cable TV franchise holder, said Matt Paul, the mayor's executive assistant. City officials took the offer seriously, Paul said, because citizens were dissatisfied with TCI of Iowa, Cedar Rapids' current cable franchisor.

"We had heard they wanted another choice," he said. "They felt trapped because they only had one choice in cable television We heard it over and over again." Debora Blume, regional director of communications for TCI of Iowa, said the company welcomes competition from private providers like McLeodUSA. But it doesn't like competition from publicly owned cable providers, like city-operated systems. "We have an issue with that," Blume said. "We are against using public money to build cable systems to compete against the private sector." Starting Their Own Nonetheless, more and more Iowa cities are opting to throw out TCI and other private cable providers and start their own systems.

In fact, 31 cities have approved city-owned communication utilities since 1994, the Iowa League of Cities reported. In 21 of those cities, the margin of approval was more than 80 percent, the league reported. Telecommunication utilities could provide either cable TV or telephone services. The most recent election was in Carroll on Tuesday. Unofficial totals show citizens voted 946-190 for a city-owned utility that could eventually provide telephone, Internet and high-speed data transmission in addition to cable television.

In Cedar Rapids, Paul said residents will go to the polls March 10 to vote on the McLeodUSA proposal. If they approve, McLeodUSA will hook a fiber-optic cable to each subscriber's home, providing them with high-speed Internet access along with television. Rob Smith, marketing director for McLeodUSA, said the company plans to offer at least as many channels as the competition at the same price. A basic subscription for TCI that offers about 40 channels costs about $30, Paul said. If the McLeodUSA bid is What a Way to Study Suspect: Ames was target for anthrax attack Tracy Deutmeyer can be reached at deutmeyertnews.dmreg.cotn or (515) 699-7043.

(3 1 setrtmm mmm mmm (, a 7 fj 4 failed man By JEFF ZELENY Kkcister Staff He's written to the governor, the parole board and virtually any other official who could possibly help him. Now Jeff Berryhill, 21, a college stu dent from Estherville, is asking a judge to intervene in his case. Berryhill's lawyers set their legal plan in motion Friday in an attempt to get his 25-year prison sentence overturned. Last year, he was con victed of first-degree robbery after pushing his way into a man's house and punching him the face. Des Moines attorneys Maggl Moss and Alfredo Parrish filed a motion in Emmet County District Court, es sentially asking a Judge to toss out Berryhill conviction.

Berryhill did not receive a fair trial, the lawyers said, because his court-appointed lawyer was ineffective. The story began Nov. 16, 1996, when Berryhill kicked in the door to Randy Berryhill Jones' apartment. Berryhill, who ad Convicted mits he was drunk, was searching for Amber Baddley, a woman he had been dating for about two years. Berryhill punched Jones, but didn strike Baddley.

Berryhill's case has attracted na-. tional attention as an example of what Moss calls mandatory sentenc ing laws run amok. She said Berry hill, who has no previous criminal record, is a victim of society's desire to rein in crime. "It is a classic example of when the system did not work. And it didn't work to a pretty egregious point," Moss said.

"There's no question, this kid does not belong in prison. He just doesn't. Assistant Emmet County Attorney Richard Meyer, who prosecuted the case, could not be reached for com ment Friday. He has previously criti cized reporters and people in Estherville who have rallied behind Berryhill. In a Jan.

18 letter to The Register, he compared Berryhill's case to domestic violence allega1 tions in the O. J. Simpson case. "O.J. Simpson couldn't control Nicole Simpson either.

Ronald Goldman, like the victim in this case; got caught in the middle," Meyer wrote. "Perhaps The Register should check with Fred Goldman to jee whether he would like the court to make a strong statement against this type of conduct, as it has here, or minimize it by blaming it on a young man's hormones." In the papers filed Friday, Berryhill's lawyers said his constitutional rights were violated because his original attorney, John Sandy of Spirit Lake, failed to fully advise him about the risks of waiving his right to a jury trial. Berryhill's charges also should have been separated from other people who were arrested in the incident, Moss and Parrish said. Meanwhile, Berryhill remains in the state prison at Oakdale. "If we don't make any rumbles, Jeff will be down there for another three or four years," said Lowell Zo-et, an uncle who is leading the family's efforts to have Berryhill's case reviewed.

By then, Zoet said, he fears his nephew will be a hardened criminal. "This is the first time he's been away from home," Zoet said, "and he's in prison." Jeff Zeleny can be reached at lenjnew.dmreg.corn or (515) his KCCI contract, but says there are ways around that. He expects to make a decision over the next three weeks. ETC I Gene Phillips seems to think he's got a shot at taking down Polk County Supervisor John Mauro in this November's election. Phillips, now on the Des Moines City Council, will make an announcement next week Deborah Cushman, the Register's long-time health col- umnist, has left the paper and is moving back to her native Boston Virginia Hule, the KCCI report- er in their Ames bureau for the past three years, is leaving for a TV job in Seattle KCCI has hired Beaver- dale native Erin Smidt formerly Erin Hurley as a weekend an- chor.

She starts in mid March. Bank is held up; 2 men in custody The Iowa Nkws Skkvick Eldora, la. Two men were in custody in Hardin County, charged with holding up a New Providence bank Friday. Hardin County Chief Deputy Don Orgel said a man with a gun went into the Hardin County Savings Bank demanding money. Terry Fisher, who lists a Georgia address, and Ira Moore of Camanche were being held as suspects, Orgel said.

Orgel would not comment on how much money was taken. One person was in the bank at the time of the robbery, Orgel said. No one was hurt. Officials say woman lied in kidnap case Tmk Rkcistkk's Iowa Nkws Skkvick Ida Grove, la. An Ida Grove woman was arrested Friday for helping conceal the identity of a suspect in a kidnapping case.

Ida County sheriffs officials said Sara Jo Meighan lied to investigators who later charged Jessie Greenwald, 30, with the January kidnapping of two minors in Storm Lake. Lisa Johnson and Scott Clark, both 18 and of Storm Lake, were held captive briefly. Early reports said Clark was tortured, but authorities would not provide details. Greenwald was charged with aiding and abetting first-degree kidnapping. Troy Prell, 22, of Ida Grove, Christopher Blum, 22, also of Ida Grove, and Jason Ehler, 20, of Hol-stein were being held on kidnapping and firearms charges.

Jailer pleads guilty in vehicle fatality Tiik Kkoistkk's Iowa Nkws Skkvick Muscatine, la. A Muscatine County jailer charged in the death of a fellow employee pleaded guilty Friday to reckless vehicular homicide. Steven Garwood, 35, was driving a vehicle Nov. 15 that rolled down a highway embankment, killing fellow jailer Jeffrey Whittaker. Garwood told Judge Mark Smith he turned a corner at a high rate of speed and lost control.

He admitted having a few drinks before the accident. Reckless vehicular homicide is punishable by up to 10 years in prison and a $10,000 fine. Garwood will be sentenced April 10. Two firms accused of riverfront dumping Davenport, la. (AP) A demolition company and an auto parts supplier are accused of dumping materials near the Mississippi River.

Pollmiller Brothers Inc. and Midwest Auto and Truck Salvage are accused of dumping auto parts and demolition debris at the site. High levels of lead and fuel have been found, environmental officials said. Scott County officials shut down work at the demolition site and inspected the riverfront with city workers who allegedly found old school buses, car parts, fuel tanks, tires and other waste. Cleanup cannot begin until the Iowa Department of Natural Resourc es finishes testing the soil.

Representatives of the companies did not return telephone messages seeking comment. University receives gift of million Dubuque, la. (AP) The University of Dubuque has received $1.3 million from an alumna and trustee, school officials said. Jackaline Balwin Dunlap, who was one of the first female licensed investment brokers in Iowa, donated the money to support the new Academic Technology Center, said J. Bruce Meriwether, acting president and chairman of the board of trustees.

Dunlap's husband, Paul, is the retired chairman of Hawkeye Bancorporation. Red Oak couple reported missing Tiik Hkiiintf.h'n im. Nkws Skumi Rd Oak, la. Police were looking for an elderly Red Ouk couple whose family reported them missing Thursday. Gordon and Virginia Buehler were believed to be driving a maroon 1900 Oldsmobile 88, with Iowa license 138BYW, Gordon is 00 and has high blood pressure, officials said.

Virginia Buehler is 87 and in the final stages of Alzheimer's disease and requires medication. Foul play was not expected. at Larry Harris Arreted Wvdmsduy As "proof that the Ames scheme existed, Harris faxed the Tribune photographs of what he described as confiscated anthrax distribution equipment. He also sent the newspaper his "notes" about the Ames situation. Riddled with misspellings, the notes said that white United Nations vehicles had been seen around town and that there was an "unholy alliance" suppressing the story, Local, state and federal authorities denied his claims.

Harris, In his 1997 Interview, said that didn't surprise him. Bill aims to it'll WKI.I.STiik Kkiuntku Bethany Williams, a Junior at Iowa State University In Ames, t'intlH a cozy place to study in the Memorial Union during the lunch hour. Williams, from Mason City, can spy Lake La-vcme through the window, boost college savings By THOMAS A. F00ARTY ItkdlSTKM ST.M V'WTKH Ames, la. (AP) A man charged in Nevada with possessing anthrax created a local stir last year when he claimed that an attack using the germ warfare agent had been planned in Ames.

Larry Harris, 46, of Lancaster, Ohio, was arrested Wednesday near Las Vegas along with William Leav-itt, 47, of Las Vegas and Logandale, Nev. They were charged with possessing a deadly germ for use as a weapon. Harris told the Ames Tribune in March that Iraqi terrorists planned the Ames attack. "You had a nice little clandestine operation that took place in your area," Harris told the newspaper. "According to my sources at Langley (headquarters of the Central Intelligence Agency) you had a loose-cannon situation." Harris said that terrorists passing themselves off as Iowa State University students planned to spread anthrax in Ames, killing thousands.

At the last minute, federal authorities apprehended them, he claimed. Anthrax is an infectious germ that usually afflicts only animals, but spores of it can be produced in dry form suitable for weapons and can be fatal to humans. The FBI notes that Harris belonged to the Aryan Nations, which was confirmed by leaders of the white supremacist group. Iowa Falls mayor vies for ag secretary Iowa Falls Mayor Dan Brown an nounced Friday he will seek the Re publican nomination for Iowa secretary of agriculture. Brown is head of the farm opera tion and management department at LUsworth Community College, He said the state agriculture secretary should bring farm groups together to break down barriers to farm production and to promote exports.

Two other Republicans, state Sen. Merlin Bartz of Grafton and Reg Clause of Jefferson, also are running for the post. State Sen. Patty Judge, D-Albia, is running for the Democratic nomination. Incumbent Dale Cochran is not seeking re-election.

Finding the In the never ending effort to find a "local angle" for every possible story no matter how thin the connection I've dug up Kevin Saunders, Drake law professor, legal scholar and former clerk for one-time federal Judge Kenneth Starr. Saunders who also worked with Anita Hill In Oklahoma and once partled with BUI Clinton down In Arkansas was on Starr's staff in 1984 and 1983, He had applied for a Job with then-federal Judge Anto-nin Scalla, but didn't get It. Scalia thought enough of Saunders to pass his resume along to Starr, He says of his former boss: The hits against him that I have a hard time dealing with are the attacks on his integrity. He's doing a prosecutor's Job and that Isn't pretty. But his tactics are fulrly standard.

Legally, he's on firm ground." Saunders, a Democrat who twice voted for Clinton, says he hasn't seen Starr in recent years, but still receives his Cliristmas letter. postsecondary education of the child named as the beneficiary, contributions of up to $2,000 a year and interest earned on the account would be exempt from state taxes, Contributions would be taxed by the federal government, but federal taxes on the earnings would be deferred until the money is spent for college. Mills, who presented the plan to the Senate committee, said many details remain to be worked out, including how the college savings plan would be marketed to the public if it's enacted this session. He said investors' principal would not be guaranteed. The state treasurer will invest the trust "to maximize returns while maintaining secure investments." Iowa would Join more than 40 stales with government-sponsored college savings plans under a bill approved this week by the Senate Ways and Means Committee, "The tax advantages of this plan are substantial," said Bret Mills, a deputy to State Treasurer Michael Fitzgerald.

"It'll be a very attractive vehicle for Iowans to help pay for their children's college expenses." The plan, which has already been approved by the Iowa House, would permit an adult relative to open an account in the proposed Iowa Educational Savings Plan Trust. As long as the money ultimately goes for the Thomas A. Fogarty can be reached at fogartytnews.dmreg.com or (515) 286-2533. 'Iowa connection' to Judge Kenneth Starr priests," Hess said. Jim Cownie, one of the Dowling supporters who chipped in for the condo, likened it to Drake providing housing for the college president.

"This will advance the interests of the school," Cownie said. "I'm all for making that happen." Tom Chapman, spokesman for the Diocese of Des Moines, said priests' living arrangements are pretty much their own business. Chapman said priests here earn "about give or take a hundred, depending on seniority." Deals on Wheels The governor's '96 Lincoln Town Car is for sale: 25,000 miles and $26,000. Ford makes these cars available to governors and big-city mayors for a nominal fee and they're traded back after a year or so. Don Waller, an executive with Stivers Lincoln-Mercury in Des Moines, savs the car then goes to an auction in Kansas City or Omaha and Stivers tracks it down, buys it, and puts it on the market.

Waller said: "It's not like Elvis or Liberace or something. It was just the governor's car. But people like that because it's got a little history. There's a guy out there still driving Bob Ray's old car." Have Doppler, Might Travel John McLaughlin, chief meteorologist at Channel 8, is considering an offer from a TV station in Hunls-ville, Ala. McLaughlin's from Glid-den and says he's not all that eager to leave his home state, but "it's nice to be in demand." Officials at the Huntsville station flew their corporate jet to Des Moines last weekend and then let McLaughlin a licensed pilot help fly it back.

The Huntsville market is a bit smaller than this one, "but they've got killer weather," McLaughlin said. In 1989 they lost 29 people in a tornado. McLaughlin has four vears left on 1 BORSELLINO Heavenly Digs After living at the Dowling priests' residence for more than 20 years, Father Michael Hess has moved to Glen Oaks, the gated community in West Des Moines. Hess, Dowl-ing's president, said his new $130,500 condo was a gift from a group of 20 or so Dowling supporters. "They wanted me to have a place to live and enhance my work with people, a place to entertain that would not impose on the other Rob Bortelllno can be reached at.