The Des Moines Register from Des Moines, Iowa • Page 5

Sept. 2, Wb utS MuiNtS REGISTER 5A Crash reldndles debate on airport site JAMES CHOSEN BY DEMOCRATS CRASH Continued from Page One has been available for many years," O'Donnell said. "Hundreds of airline passengers have died in mid-air collisions in the past 20 years due to deficiencies in the present air traffic control system and its dependence on the 'see-and-be-seen' principle," O'Donnell said. O'DonneU's written testimony was prepared before Monday's collision In San Diego, It was disclosed on Tuesday that the flight of the PSA jet that crashed was being directed by the Lindbergh tower, while the Cessna 172 was under the control of the tower at Miramar Naval Air Station, Such procedures are common here, with FAA controllers at Miramar turning over planes to Lindbergh as the craft nears the commercial field. Investigators said they were still unsure where the Cessna 172 had struck the jetliner, There had been some reports from witnesses on Monday that the planes struck head-on.

But accounts from other witnesses and photographs appear to show that the smaller plane struck the jetliner's right wing. "We just don't know," said NTSB spokesman Brad Dunbar. "Establishing the exact course of both aircraft and their exact angles of approach is a central part of the Investigation that will take weeks, not days." Instrument Approaches The pilot of the Cessna 173, David Boswell, had an advanced pilot's rating but was practicing instrument approaches with an instructor at the time of the crash, authorities said, While federal investigators listened to the tapes from the downed jetliner, rescue workers searched for evidence of more victims. "We have no idea how many more people are under there," said San Diego Mayor Pete Wilson after a tour of the scene late Monday. In all, 10 homes were destroyed and six were damaged.

About 20 residents were displaced by the damages. Police kept curiosity-seekers out of the area. Only reporters and residents were permitted at the scene. Troops from a nearby Marine base guarded the smoldering neighborhood on Monday night to prevent further looting. Nine persons had been arrested for attempting to loot bodies and burning houses, Cheri Blackledge, a high school student who lived in the area, said on Tuesday: "The police stayed here all night.

People were breaking into houses." Crash Feared for Yean Many of the area's residents said they had feared such a crash for years. While Gladys Bonatus recalled watching flaming wreckage fall less than 100 feet from her home, a deputy coroner Interrupted her. "Ma'am, I hate to put it this way, but are there any bodies in your house?" he asked softly. The collision rekindled a controversy over the field's location. Critics complain the aircraft approach path Is too close to populous neighborhoods and downtown buildings.

"I'm sure this will excite the debate again," said Mayor Wilson. "We will be compelled to look at other sites. Obviously there are other factors Involved here too. A light plane should not be in the same airspace as a commercial airliner." When the planes collided one of the bodies that fell from the plane smashed through the windshield of a car, pinning a 33-year-old woman and her infant son inside. First reports indicated that the woman was dead, but that proved to be wrong.

"It the body) came through the windshield," said police officer L. Thornton. "The glass just exploded with bits of glass and blood. We thought everybody was dead." Woman, Baby Escape But the woman, Identified as Mary Fuller of nearby Lakeside, and her infant escaped serious injury, suffering only cuts from flying glass, Thornton said. Nearly one-fourth of the 150 persons who were killed in the catastrophe worked for PSA a company one official calls "a family operation." "Everybody knows everybody else.

It sounds phony, I know, but we've lost family." said Don Simonlan, assistant to PSA president and chief executive officer William Shimp. Simonian said Shimp, who sent telegrams of condolence to the families of the dead employees within hours of the crash, "knew a lot of these people personally. You see, he worked his way up through the ranks." The company employs 3,500 persons. Simonian said that since Flight 182 is the first PSA plane to leave Sacramento each morning, it customarily carries a large number of "deadheads" non-working flight attendants and cockpit personnel IN ALABAMA BIRMINGHAM, ALA. (AP) Industrialist Fob James, promising to run the state government like a business and not a political empire, won the Democratic nomination for governor Tuesday night in his first race for public office.

Attorney General Bill Baxley, who opposed James in the runoff, conceded defeat and promised to support James, a Opelika businessman, in the Nov. 7 general election against Republican Guy Hunt. With 45 percent of the votes counted 1,810 boxes out of 4,025 -James had 254,750, or 57 percent, and Baxley had 195,153, or 43 percent. Baxley went into the winner-take-all runoff with the support of two of Alabama's living legends, Gov. George C.

Wallace, who is barred by law from seeking a third consecutive term, and University of Alabama football coach Paul "Bear" Bryant. Democratic voters also chose nominees for two U. S. Senate seats. In the race for the two remaining years of the term of the late Senator James B.

Allen, his widow and temporary successor, Senator Maryon Allen, was trailing state Senator Donald Stewart of Annlston. With 1,745 boxes counted, Stewart had 243,664 votes, or 58 percent, and Allen had 179,277, or 42 percent. In the other Senate contest, for the seat being vacated by retiring Senator John Sparkman, former Alabama Chief Justice Howell Heflin was running far ahead of Representative Walter Flowers. Returns from 1,675 boxes gave Heflin 246,551 votes, or 64 percent, to Flowers' 139,917, or 36 percent. State Representative Chris McNair of Birmingham and state Senator Richard Shelby of Tuscaloosa were seeking the party's nomination for Flowers' 7th District House seat.

For James, 44, a "born again" Democrat, it was his first political race. He led a field of 10 candidates in the first primary but failed to get a majority of the votes and landed In a runoff with second-place Baxley. In the last days of the race, the campaign erupted into a name-calling contest. Although James said he renounced his GOP affiliation and returned to the Democratic Party a year or so ago with the blessings of Democratic party officials, Baxley contended the Opelika industrialist was still a Republican at heart. He repeatedly referred to James as "my millionaire Republican opponent." James avoided name-calling until the last few days, when he began denouncing the attorney general as a "compulsive gambler and a compulsive liar." List of victims of jetliner crash returning to PSA's home office in San Diego, where all such crews are based.

On Monday the free riders included three pilots, one first officer, two second officers, and 12 flight attendants. One of the pilots, Capt. Spencer Nelson, "was one of our first pilots ever hired," Simonian said Tuesday. "He was Just ready to retire." Another PSA employee on the plane, Robert Benner, had just been promoted from assistant manager in Los Angeles to manager of personnel administration for operations. On this flight Brenner brought his wife, Sue, with him on a pass apparently to house- hunt in San Diego.

"He was a young fellow who had a great future," Simonian said, CBS SWITCHES EPISODES OF 'FLYING HIGH' LOS ANGELES, CALIF. (AP) -CBS-TV said on Tuesday it has switched episodes for the debut of its "Flying High" television series a comedy-drama about three airline stewardesses because it thought the original entry inappropriate so soon after Monday's air disaster over San Diego. The collision between a single-engine light plane and a Pacific Southwest Airlines 727 jet left at least 150 persons dead. CBS said the "Flying High" episode that was to have introduced the show Friday contained: An emergency landing of a Cessna 172 the type of small plane involved in Monday's crash flown by one of the stewardesses. Jocular remarks about the risks of flying, including "If we go down we go down together." Scenes of three pilots of a Boeing 747 Jumbo jet in which the fliers are incapacitated by accidental food poisoning, then accidental sedation.

The replacement program shows two stewardesses humorously trapped at a convention in San Francisco, with the third en route to "potential peril of a grimmer sort," according to CBS. The postponed show now is set for airing on Oct. 6. 50th birthday for Gov. Ray Gov.

Robert Ray turned 50 Tuesday, and reporters noted the occasion by giving him a breakfast roll with one candle burning in the middle. A surprised Ray blew out the candle but didn't say whether he had made a wish. CAROL IS JOINED WITH HER VERY GOOD TIM CONWA YAND VICKI LA WRENCE; plus, special guest Stars in comedy sketches that highlight the oast ot Carol Burnett. Gerrl Dixon; Javier Escalanie; Mike Filigereld; Sieve Henry; Jeiui Maciau Bob Namlrei; Herb Sitwirl; William While. Other passengers: J.

Allen; Don Alhcroft, Sacremenlo, Daniel Laurence Ballon, Enclno, Leonard Barr, Loomii, Mary Baerd, Sacramento, Calif.) I. Becwer; Bryct Benner, Lei Angelei; Dev'd Bernard; Paula Blake, 17, Coilon, Cherlei Bren, Loi Angelei; Ronald Burkley, Manhallen Joseph Cenevln, Maitechutelfi; Hood Chemey. Dellai; Pauline ColarlcR, Concord, ercheologitl, itele Deportment of Trenipor-lation; Alberlco Coluni, 41, Lot Angelei, itnlor engineer, ttale Dlvlilon of Safely of Demi; Carol Cook, Signal Hill, Calif. Chrlilmt oevle, Corltbed, Ohta Dt Haunt; Jenel Dolion, Inelewood, Droimtn, Senle Monica, Calif, (firil noma unavailable); John Celvin Oumn, Loi Angelei, Kirk Dutlon; Jon Falk, Los Perry Flathmen, Culver City, Gary Foi, Culver City. William Frencll, Sacramento, Mr.

and Mrt. Gallagher, Bakers-field, Cell); Jev Gilroy, Sen Frenclico, R. Guerrero, Sen Frencitco; J. Ouillncic. L.

Hevdon; Richard Hlght; Richard Horn, SI, Olendele, aitltlant tuperlnlendenl. Lot Angelei County ichoolt; Jack Irwin, 4), Sacramento, lobbvlil for Pacific Telephone; Barbara Jackion, Lot Angelei; Nellie Jackson, 31, Sacremenlo, comullanl, ttete Department of Social Servlcet; Andrea Jacobson, 24, Loi Angeles; Nell Howerd Jegoda, Matiachuielli; Gtorge Johnien, Thouiend Oeki, Lee Johnion, LaJolle, V. JollIHe; Valerie Kentor, 34. Beverly Hllli, auditor; Ferrell Kimball, 41, El DEFENSE RESTS IN TRIAL OF SCOTT SHERIFF By RANDY EVANS Register Writer FORT MADISON, IA. The defense rested on Tuesdiy afternoon In the trial of Scott County Sheriff Kenneth Paulsen without the 38-year-old lawman testifying In his own behalf.

The prosecution will offer several rebuttal witnesses when the bribery and conspiracy trial resumes at 9.30 a.m. today. The case could go to the Lee County District Court jury Thursday after lawyers make their final arguments. Defense attorney Seymore Raben has tried to build a case showing that Paulsen was unaware his acceptance of $50,000 of his deputies' mileage expense money was Illegal. A former Scott County attorney testified previously that he told Paulsen five years ago that the mileage-splitting practice which was a carry-over from Paulsen's predecessor, William Strout was within the law.

A second former Scott County prosecutor, A. Fred Berger testified for the defense on Tuesday that he agreed with the opinion by Edward N. Wehr, And Berger went on to say that it Is his opinion just as it was Wehr's opinion when he testified earlier in the trial that Iowa law specifically allows a sheriff, if he wishes, to keep all of the mileage expense money his deputies accumulate for driving their personal cars while on county business. Key Aspects of Defense The legal opinions by Berger and Wehr are considered key aspects of Paulsen's defense. The sheriff is accused of requiring several of his deputies to split with him the money they received for driving their own cars in the delivery of legal papers.

But during extensive cross-examination on Tuesday, Assistant Attorney General Harold Young drew Berger through several Iowa laws that Young believes contradict Berger's and Wehr's opinions. They show, Young believes, that the mileage system used in the Scott County Sheriff's Department was illegal. Under later questioning, Raben drew Berger back through those laws and tried to discount their relevance in the Paulsen case. And Berger stood fast behind his original opinion that Iowa law allows a sheriff to retain all of his department's mileage expense money. He acknowledged, however, that many Iowa laws including those pertaining to mileage money are open to differing interpretations.

Berger and Wehr based their opinions, of the legality of the on a section of the Iowa statutes that says a sheriff is entitled to keep, in addition to his salary, any amounts for mileage expense. Another Law Young, however, directed Berger's attention to another law that says any peace officer, such as a sheriff or deputy sheriff, is entitled to be reimbursed when he is required to drive his own car in the line of duty. Raben has placed much importance on the opinion Wehr gave Paulsen regarding the mileage money shortly after Paulsen took office in August 1973. Raben asked Berger whether an elected official should be able to turn to a county attorney for an interpretation of a law, and he replied, "I would say, without question, any office-holder, including the sheriff, would have an absolute right to rely on the opinion of the county attorney," Tuesday's legal jousting among the three lawyers over differing Interpretations of the mileage laws was of questionable value because It will be up to Judge Tucker to tell the jurors exactly what the applicable Iowa laws mean. That will come Thursday.

Berger he was the acting Scott County attorney for four months during 1977 following the resignation of Wehr was the fifth and final witness to testify for the defense. Requested County Cars Also testifying on Tuesday were George Thuenen and Lester Schick, a present and former member, respectively, of the Scott County Board of Supervisors. The two said that each year after Paulsen became sheriff in 1973 he came to the board and asked for money to buy cars for his deputies who work in his office's civil division that section that serves legal papers. The requests were turned down because of the cost, the two said. If the deputies used county-owned cars Instead of their personal cars, the mileage expense money it came from Davenport-area lawyers for whom the legal papers were delivered would have gone into the county treasury.

In the wake of the state investigation of the sheriff's department, the Scott County supervisors finally decided to purchase county cars for the civil deputies. Three present or past supervisors are expected to be called as rebuttal witnesses by the prosecution today to testify about Paulsen's past car requests. Dorado Hllli, Calif auditor, itale Employment Development Department. Allan Lebow, Los Angeles, attorney; Wayne Levin; Robert Levine, San Francisco; Rosalia Lococo, Sanlee, Calif David Loeb, Los Angeles; E. Lohnes, Los Angtles; Gil Mercouk; Andrew Merlin, Molibu, Calif.) Louisa Martin, San Francisco; Joseph McMaslert, 35, Sacramento, aiiiilanl engineer, stele Division of Salely of Dams; T.

Meaker; J. Meliler, Ontario, Cenada; C. Miller, Devls. S. Mollnaro, El Segundo, Gary Moore, K.

Nakanlshl, Sanla Monica, Belly Nunn, Hevwood, Calif Mohmoud Curiae, Kuweit; Robert Oshtro, Sacramento, auditor, slate controller's office; Gary Patterson, Clear Lake, Barnard Perez, Shingle Springs, auditor, itate Employment Development Department; J. Panel; Burl Pierce, Rencho Pelos Verdes, Richard Plaskoff, Los Angeles; Anthony Poll, San Francisco; Ponnells. Leo Reeder, 57, Peciflc Palliades, UCLA professor; Mr. end Mrs. Resnick, Los Angeles) Randy Hickman, Sanle Monica, Joseph Rignev, Downey, Gerald Rvckman; M.

Sail George Saunders, Rancho Palos Verdes, CalH; Relph Schuerler, Sacramento, Calif, audilor, stale Finonco Department; Deva Schmidt, Sacramento, CalH loan fund officer, stele Deportment of Housing end Community Development) Bennett Schwerti, Culver City, Cellf James Seamen, San Pedro, N. Sealon; Bob Silver, Marin del Ray, Kirt Smith, Palo Alto, Roger Smith; Waller Smith, Citrus Heights, Jim illnnett. J. Taggerl, Palos Verdes. Aiml Taha, Vista, Alan Tetelman, 43, Pacific Palisades, airline) lately expert; Maxine Thwell, 31, Manhattan Beach, Calif B.

Urdahl, Sen Ditto; Kevin Whoiev, Sen Diego; J. Wilson, Sacremenlo, Lawrence Wilson, Sacramento, Tom Womack, El Colon, Cellf. BECOMES COLOR BUND! DBS HOMES, IOWA ACUSAfHUA ff SAN DIEGO. CALIF. (AP) The following list of those killed on the Pacific Southwest Airlines Jetliner Monday was provided by the airline: Crew; Keren Boritwskl, Night ellendent, tan Diego; Ket Font, flight otttnflent, Sen Oleto; Robert Foil, 31, 111 Officer, Meso, Calif Debbl McCarthy, If, flight tttno.nl, Sen Diego; Clot.

Jemei McFeron, 4i, pilot, Eseondtdo, Merlin Wanna. 4). Ilighl engineer, San Diego, ON Young, It, Ilighl attendant, San Ditto. PSA employees returning home from working flights: Lvnn Chtrry, flight attendant, San Ditto; Marti Colemen, San Diego; Richard Conway, II, 2nd OHictr, Llucedia, Call); Liu Dull, flight attendant, San Diego; Jamtt Dormer, It, nd Officer, Amende Elliaga, Call Forsvlh, San Diego; Capt. Jimmle Ktliy, 40, pilot, Spring Volley, Colleen Kepler, flight attendant, San Diego; Irian MacLeen, 3S, HI Offlctr, San Ditgo; Wllheimlna Moitoie, San Ditto; Caol Spencer Naiten, pile), iscondido, Lvnn Owent, IS, San Ditto, Merit Scavla, San Ditto, OaH Shaplrg, flight attendant, San Ditto; Don St.

Germeln, 1. light tltendenl, Sen Diego; Capt. Roger Welsh, pilot, Coronado, Jang Whyle-SeiU, Sen Ditto, Other PSA employees riding on passes: Robert Banner; Sue tenner, wife of Robert) Borbera loltwlle; Arnold CelM; Tim DeLuca; CO) START YOUR eVtMHG VIEWING WITH THE CBS mUlHG NEWS WITH WALTER CRONKITE FRIENDS HARVEY KORMAN, WOULD YOU BELIEVE OEORQE JEFFERSON Tom Willis' son, who's been passing as white, returns. Ana forces ueorqe to ao an astounding about-face. Starring Isabel Santord and sZ illM LnifcUfttiaVI.afNI mmr bwxaaav fjjw am t.1 am wm bnerman Hemsiey.

Train window show WASHINGTON, D.C. (AP) A demonstration of protective windows designed to prevent vandals from killing or injuring train crews and passengers will be held at the Transportation Department's Test Center in Pueblo, on Friday, it was announced Tuesday. ROBERT RED FORD, FATE DUN A WAY, CUFF ROBERTSON, MAX VON SYOOW. Also starring John Houseman. The CBS Wednesday Night Movies THE FUNNIES TWOSOME EVER, TURN A STREET MISSION IN TO A BATTLE OF ANGELS! She's tired up.

He's buttoned down. They've got nothing in common but a million laughs! Starring McLean Stevenson and Priscilla Lopez. Also starring Jack Dodson..