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

PES MOINES REGISTER -3A Ray assails Elertman's BPr.HTF PHOTO HV I ARRV NPIBFROILL high interest rates in lova changed mind about a divorce I i mm Continued from Page One I1: i 4 the death of his wife in September of 1980. The Aplington farmer is a partner with his son on their 849-acre farm. The trial continues in Black Hawk County District Court today. Rollyn Hartman, 27, (left) testifies at the murder trial of his father Monday in Waterloo. As hit son testifies against him, Lawrence Hartman, 58, sits in the courtroom with folded hands and listens.

The elder Hartman Is accused in Dash to visit Psychologist: Continued from Page One once telephoned the Hartman home and asked for "Larry," he (Rollyn pretended to be his father and conversed with her. This, be said, led to a showdown meeting with Lawrence Hartman, his two sons and Sunderman at a Cedar Falls restaurant in late 1978 or early 1979, Rollyn Hartman said. Under later cross-examination by Lawrence Hartman's attorney, Lawrence Scalise of Des Moines, Rollyn Hartman admitted that he and his brother, Rbdney, "required" their father to go to the meeting. "You have been violent with your father, haven't you?" Scalise asked. "Yes," Rollyn Hartman answered.

"And you gave him a black eye, didn't you?" Scalise asked. "I also received one," Rollyn Hartman said. He said that his father once chased him with a shotgun, and he said that his brother had broken Lawrence Hartman's Jaw. "You'd do anything to get your father convicted, wouldn't you?" Scalise asked. Hartman replied: "I'll tell the truth." In his opening statement to the jury of eight men and four women, prosecutor Pilcher said that Lawrence Hartman's love affair was so "flourishing" that he chose to spend Christmas 1978 and 1979 with Sunderman rather than with his wife.

Filed for Divorce "For a while Esther Hartman did nothing because she thought he'd grow out of it. But finally, in April of 1980, Esther filed for divorce and got an injunction barring him from coming to their residence." He said, however, that Esther Hartman was reluctant to pursue the divorce, and that she dismissed the injunction two months later. "Lawrence had begged to come home, and he promised to stop seeing Kathy," Pilcher charged. "But he continued to see her. And on Sept.

4, 1980, Kathy's birthday, he bought her a 1,000 engagement ring. They planned a marriage for December of 1980." Pilcher said Lawrence Hartman claims that on the evening of Sept 19, 1980, he left home, bought gasoline in Aplington, and returned home to find his wife gone. He said he then drove past the farm home of son Rodney, about two miles away, and continued on to Sunderman's home in western Cedar Falls. Pilcher continued that Hartman claimed he was with Sunderman until 2:30 a.m., when he drove back to his home. His wife still was not there, he claimed, so he went to bed.

But a short time later he got up, removed his false teeth, and was taking them to the basement, where he normally keeps them, when he stumbled over his wife's body at the base of the stairs. Summoned Ambulance Squad Hartman said he carried his wife's body upstairs and put her on their bed, and then called the Rev. Charles E. Orr, who is his minister and a member of the Aplington ambulance squad. Orr and another ambulance attendant, Diletta Buseman of Aplington, testified that Hartman appeared to be distraught when they arrived a few minutes later.

"He asked me if Esther died of a skull fracture. I said I didn't know," Buseman testified. Dr. Charles LaTendresse, Grundy County medical examiner, testified and during his press conference he said: He would "not tolerate" a strike bv guards at the Iowa State Penitcn- tary at Fort Madison. Such a strike would be Illegal and the guards nave taken a responsible position, and they know that a strike would be illegal, and it will be treated accordingly." The head of the guards' union said Ray's remarks were unfair because the guards threatened to strike because they are concerned about their nersonal safety.

He also said perhaps Ray should have stayed in Iowa instead of going to Japan, ine governor was in Japan when the uprising occurred. A shakeup in the command structure at the institution was not timed to coincide with his absence. A black market in food at the institution "can't be tolerated." He was referring to a state investigation in which thousands of dollars have been illegally diverted from prison stockpiles. He supported the way Department of Social Services officials bandied last week's disturbance at the prison and reminded Iowans that other states have had problems even more serious than the ones in Iowa's prison system. He had little success in encouraging the Japanese to increase their imports of U.S.

beef. Japanese farmers want protection from U.S imports and are getting it from their government, which relies heavily on their votes to remain in power. He would not comment on the arrest of Merit Employment Commission Chairman Ivor Stanley of Cedar Rapids on a charge of soliciting for prostitution. Asked whether Stanley should resign if he were convicted, Ray said it would be unfair to Stanley to answer that question until his trial is completed. Stanley has said he is innocent He didn't like the idea of courts allowing cameras in courtrooms where sex crimes were being tried because it might be unfair to the victim.

"It's tough enough to be a victim," Ray said. He wasn't concerned about the prospect of former Democratic Iowa Governor and U.S. Senator Harold Hughes running against him for governor next year. "That's his prerogative to run," Ray said. Ray did not answer a question on bow long he believed Iowa voters would give President Reagan's economic program to perform before they started becoming angry at Republican candidates in Iowa.

Instead, Ray added his voice to the chorus of moans about high interest rates in Iowa and said they are having a "poisonous effect on the economy of the state." He noted that under Democratic President Jimmy Carter "it wasn't good then." Of Reagan's economic program, Ray said: "It's a question of will it work," adding, "I don't hear the alternatives." f.Baoon. Trom normei Featured now at a low that Esther Hartman had bruises on her face, head and hand, several broken ribs on each side, and missing teeth. He estimated she died about 11 p.m. on Sept. 19.

"I don't feel that all of her injuries could be explained by a fall," he concluded. In his opening statement, Scalise indicated he would present some evidence about the manner and time of the death "that we won't talk about now -1 want to whet your appetite." Scalise said testimony from some eminent physicians will Indicate that Esther Hartman could have died from an accidental fall The trial will continue this morning in Black Hawk County District Court before Judge Leonard Lybbert of Waterloo. Exira grain scam draws $3,000 fine Francis J. Muhr, an Exira farmer, has been fined $3,000 and placed on two years' unsupervised probation for selling over 1,300 bushels of grain that had been pledged as collateral for a federal loan. The Audubon County man pleaded guilty to the charge in U.S.

District Court in Des Moines. The probation will end once he has paid the fine, according to court documents. Muhr had been charged with selling about 1,350 bushels of grain to the Pillsbury Co. and Midwest Solvents Pn in Jiilv and Autmst 1979. The grain had been pledged as collateral to the federal commodity treuii which had loaned Muhr 1158 800.

according to court documents. Muhr was charged with violating federal law by selling the grain before paying off his loan. After his indictment Muhr promised federal authorities he would nay back the loan, according to court documents. Shine on, harvest moon, for Galva's annual dance Ttw RMistor'i tow Mwi Srvte GALVA, IA. The Galva Fire De-nartment will hold its annual harvest Hanre at fi n.m.

on Nov. 7 at the Cobblestone Ballroom in Lakeside Tickets are $3.50 per person. mos, D.r.l. Vice President George Bush has scheduled visits to Des Moines and Ames early next month. The vice president is scheduled to arrive in Des Moines at 12:30 p.m.

on Nov. 6 for a luncheon at the Hotel Fort Des Moines sponsored by the Greater Des Moines Chamber of Commerce and the CEOROE BUSH Iowa Association of Counties. Bush then will travel to Ames for a meetine with some Iowa State Uni- versitv students and a stop at the Uth annual Community Betterment Program competition sponsored by the Iowa Development commission Some 200 Iowa communities with Droerams Intended to better the lifestyle of residents are vying for aoDroximately izo.uuu prize monev from private donations. After the Ames stop, Bush's schedule calls for him to return to Des Moines for a series of Iowa Re- nuhliean Partv fundraisins events. Bush is scheduled to attend a $125 per person "Evening with the Vice President" at 6:30 p.m.

at the Marriott Hotel. It Is part of the GOP's year-end drive to pay Its bills and bankroll a "war chest" according to a GOP press release. The goal of the campaign, which is neaaea ny ues Moines businessman John Ruan, is to raise $250,000 during the last two months of the vear. The vice nresident also is scheduled to attend a private gathering of major party contributors at the Des Moines Club before the fundraising event. Rush's schedule, released by the Iowa GOP, calls for him to stay overnight at the Marriott Hotel and to depart Des Moines early on nov.

'0" 2 U. KMWWWtlWIOWiW" My Vi-X lJ if i a i 1 1 rr i i mental age is By NICK LAMBERTO Rwlttar Staff Wrltor Rradlev Mather. 20. defendant in a murder trial has a mental age of 10 or 11 and would confess to a crime he didn't commit, a pgychologist 1 testified Monday in 1 Pnlk District court in ves Moines. Psychologist Allen Silberman testified as a defense witness on the Uth day of Mather's trial before District BRADLEY MATHER Judge Van Wifvat and a jury of eight women and four men.

Mather, of 721 Forty-third St, West Des Moines, is charged with murder in the deaths of two Durant youths in a fire he is accused of setting Feb. 27 at the Executive Inn in West Des Moines. Silberman, 38, testified that Mather with an intelligence quotient of 79 has "borderline mental retardation" and "would do almost anything to alleviate" a stressful situation, such as being questioned by policemen in a small room without windows. Prosecution witnesses testified earlier that Mather had been questioned in such a room at the West Des Moines police station March 1 and that he had been lied to a dozen times, but they denied he was threatened and promised medical treatment The jury will have to decide those issues from the tape and transcript of Mather's statements to interrogators when it gets the case today or Wednesday. Cross-examination Mark Feldmann, an assistant county attorney, tried to discredit Silberman's assessment of Mather's mental capacity but failed to budge Silberman, despite rapid-fire questions at times.

In fact, under cross-examination by Feldmann, Silberman testified Mather would "do almost anything to alleviate stresses of the moment" an assertion he repeated when Mather's attorney, Ray Rosenberg, later asked Iowa Foundation. Callahan could not be reached for comment The folks at Pickett's aren't eager to get in the middle of any barroom brawl over whether Institutions of higher education should lend their mascots for beer cans. Brewery spokesman Val Pickett said his family business just puts the beer in the cans, and hasn't spent much time worrying about appearances. Premium Beer Pickett said Iowa Sports Premium is exactly that a premium beer. It's a beer that Pickett's was already selling under one of its other brands, but he won't say which one.

It will sell for about the same price as Budweiser or other popular beers, he said. The beer is going first to areas where Pickett's already does business in eastern and central Iowa, but Pickett said he hopes to find distributors in western Iowa so the beer can have statewide sales. Mather's 10 or 11 him whether that included "admitting a crime he Mather did not commit" The prosecution did not call anyone to rebut Silberman's statements before testimony ended and court recessed at 2 p.m. The jury is scheduled to be on hand at 9 a.m. today for final arguments.

After the jury left the attorneys for both sides, Mather and a court reporter went into Wif vat's chambers for another closed session approximately the 20th of the trial. Silberman testified that his assessment of Mather this month as having borderline mental retardation was "in almost perfect correlation" with evaluations of the Polk County Health Department in 1967, his own evaluation in 1978 and that of Broad-lawns Medical Center this year. Silberman testified Mather is competent enough to stand trial; understands the charges against him, but "not really the consequences," and can tell the difference between right and wrong but would "have difficulty assisting in his own defense." "Extremely Gullible" Mather is "extremely gullible and impressionable and has strong needs for anm-oval and fear for authority figures he would do almost anything to win their approval which is not inconsistent with borderline retardation," Silberman testified. If Mather were interrogated by police in a small room, "his defense mechanisms would wither and likely shatter," Silberman said. If threats were made, they would scare Mather and he would take them literally and he would believe any promises of help and would expect help "right now," Silberman testified.

Being separated from his family while being questioned would "increase the shattering effect he needs a secure base, a sanctuary, which hopefully a home represents," Silberman said. Under cross-examination, Silberman testified Mather would denv certain things as a protection against breaking down defense mechanisms, "but that has nothing to do with truth or innocence. Silberman said the terms "border line retardation" and "borderline in tellertual function" were similar. Silberman testified he has bachelor's, master's and doctoral degrees in osvcholosv. is licensed to practice in Iowa and has been in private practice 15 years.

IQ Levels Silberman testified Mather has a memory Quotient of 59. a full-scale IQ of 79 and a verbal IQ of 76. He indicated the memory IQ means there is probably some cerebral impair ment Borderline retarded is an IQ of 70 to 79; dull normal, 83 to 90, and average normal, 90 to 109, Silberman testified. Mather is able to pronounce words at a sixth-grade level because of phonics training, but "doesn't under, stand them," Silberman testified. "He doesn't seem to grasp cause and effect one area to another, the foundation of all learning," Silberman testified.

Chronologically, Mather is an adult but menfally he is 11 or 12 and "incapable of identifying many of his shortcomings," Silberman testified. Ktml far nw? How I tt Kit Uw school? Wht it low idioo! liko? What iro my unor options oftot low school? How do I monooo lomilr tnd coioot Ptorooiittotion il oncourogod. Sond chock lor $4 00 OWLS5 law Contor Tno UraVoriity ol lowo kw City, lowo 32242 For noro Inlormotion, coll JI9J3372 IOWLSS) vtmtvs (AdmiHioni) Child Cart seeing UNI panther on top Jermier liked Continued from Page One drew bis own cartoons of the mascots instead of using the more familiar versions. And anyway, he says, he got written approval from the schools including ISU. McCullough denies that A letter from ISU Vice President Carl Hamilton said the school had "no objection" to the use of its Cyclone logo, DeBellis said.

The letter is more than a year old, however, and refers to DeBellis' limited marketing last fall of Cyclone and Hawkeye beers, not to Iowa Sports Premium. Hamilton could not be reached for comment Drake Athletic Director Bob Karnes said he appreciates that objections could arise to putting his Bulldogs on a beer can. But "we were approached about this and everything Is fine," he said. "We didn't endorse the product, and we really can't keep them from using the logo. I don't think it makes much difference in this day and age.

"Every time you pick up a football program, you see a beer ad. Beer is advertised on all TV sports events. It's just a holdover from the old bluenose days." UNI Go-ahead At UNI, Associate Athletic Director John "Jersey" Jermier said his department also gave the go-ahead for the beer. "I didn't have any qualms about it because we're not endorsing the beer," he said. "We're not telling people to drink beer.

But people do it anyway, and if they want to pay us some royalties, that's OK. "We're not saying 'Drink to support the I don't think we're degrading our program one iota." The UNI purple panther is the only mascot actually shown with a mug of suds, but that doesn't bother Jermier. "I liked him on top," he said. Athletic department officials at the University of Iowa said they hadn't been consulted about Iowa Sports Premium. Sports Information Director George Wine said officials "couldn't have any objection to it now because we don't know anything about it." DeBellis said he had the blessing of Bud Callahan, who raises funds for athletics through the University of 1 g.

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