The Des Moines Register from Des Moines, Iowa on September 19, 1995 · Page 2
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The Des Moines Register from Des Moines, Iowa · Page 2

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Des Moines, Iowa
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Tuesday, September 19, 1995
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2AThk Dks M hvks Rkoistkr Tt'KsnAV. September 19, 1995 Iowa News 'No Retreat' Dateline Iowa Jury weighs stolen toys case Knoxville woman accused of theft from charity " ' 'A- . I Knoxville police botched the investigation by jumping to conclusions. The tracking of the toys from Des Moines, where they were picked up by McLaughlin and oth-. ers, to the distribution in Knoxville was nearly impossible, he said, He also noted that McLaughlin was arrested before the toys were seized. "To arrest somebody without any hard evidence is a little bit questionable," he said. Dwaine Meyer, another lawyer for McLaughlin, said, "This case is about reasonable doubt." Pointing to toys lined up in front of the jury box, Meyer said, "This patch of toys that's all the hard - evidence there is in this case." Marion County Sheriff Marvin Van Haaften testified that Gaylord Crook, McLaughlin's companion, told him after viewing the toys in McLaughlin's home, "She had to do it. There's too many toys." Crook, who recently retired as an inspector for the Polk County weatherization program, insisted he purchased many of the seized toys. He presented three receipts. But Rachels said none of the receipts was for any of the toys that were seized. event a juror couldn't, said they were leaning toward convictions. In interviews outside the Madison County Courthouse after they were dismissed, Sandra Wenck and David Paulsen said there appeared to be holes in McLaughlin's story. "There were a lot of questions, but I would have gone for guilty. Why lie about the date she picked up the toys? She didn't seem to quite fit the part of a loving person," said Wenck. Paulsen said he was leery of the testimony from McLaughlin's friends testimony he said was suspiciously consistent. "They were almost identical," he said. In his closing statements, Marion County Attorney Terry Rachels said the defense had "muddied the water and was blowing smoke" by attempting to characterize the handling of the toys as chaotic. "This is still an easy case to decide," 6aid Rachels, who contended that McLaughlin gave "lie on top of lie" to investigators. He charged that McLaughlin reported the theft to cover up her own theft. Tim Hereema, one of McLaughlin's lawyers, insisted that the case was complicated and that the By FRANK SANTIAGO RwiistF.R Staff Writkh Winterset, la. Jurors will continue deliberating today in the Christmas toy-theft trial of Elizabeth McLaughlin. After going behind closed doors for about 30 minutes Monday, members of the panel emerged to say they need more time to consider the evidence presented during the past week. McLaughlin, 47, who didn't take the stand to testify, is charged with filching some 100 toys from the charity she directed at Knoxville last Christmas. Police hauled the Toys for Tots items, many in their original boxes and with price tags, from her home. McLaughlin's lawyers contended that the toys were bought by her or her male companion or donated by friends for the SVS-year-old boy she had been raising. The jury, according to District Judge Richard Morr's instructions, must first determine whether McLaughlin stole toys, and if she did, whether their value is more than $ 1 ,000 as prosecutors claim. If jurors say she stole items val- Elizabeth McLaughlin Says she bought the toys ued at more than $ 1 ,000, McLaughlin faces five years in prison for second-degree theft. If the panel establishes a lesser value, the penalty would be less severe. Morr, for instance, said jurors might find that the theft didn't exceed $100, which would amount to fifth-degree theft, a simple misdemeanor. The penalty would be 30 days in jail and a fine of not more than $100. Shortly after Jurors began pondering the case, two alternate jurors, who were to serve in the Top-Ranking Sergeant in U.S. If asked, we'll serve y V i Dm Soldier: Gen McKinney says Army troops will be willing to support the decisions made by elected officials. By WILLIAM PETrtOSKI BiiHTKH Staff Whitkk Johnston, la, The top-ranking sergeant in the U.S. Army said during a visit to Camp Dodge Monday that American ground troops will unflinchingly serve in Bosnia if their services are required to keep International peace. "From a soldier's perspective, if they ask us to do it, we will go and do it right and do it well because we are not in a position to question It," ;j said Army figt, Maj, Gene C; McKinney, "We have elected officials in those positions to make those decisions and therefore our Job is to support those decisions." McKinney, a combat infantry veteran of the Vietnam War who has been an armored cavalry soldier for more than two decades, also praised the work being accomplished by women In the U.8, military, While he had no comment about Shannon Faulkner, the young woman who broke the all-male barrier at the Citadel military college, only to quit after a week, he said his view is that women are "doing a great job" in the Army. Women $50,000 Contract Gramm ; promises : to protect rights The Republican candidate gains more endorsements from Iowa farmers. By DAVID YEPSEN " Rkcistkk Staff Whitkk Presidential candidate Phil Gramm said Monday that he would ' vigorously support the federal gov-i eminent s role-in enforcing civil rights laws, in part because his wife is i' an Asian-American. r -Gramm, all U.S. senator, from Texas, is,,-; v best known for, Gramm Texan his strong conv, servative ere aenuais ana a, belief in a smaller role for the fed"1 eral government. But in a meeting Monday with Des Moines Register reporters and-editors, he said he believes in. strong civil rights enforcement.; Gramm's wife, Wendy, is the granddaughter of a Korean immi grant who came to Hawaii to pick sugar cane. "I can assure you that if I become president, there will never have -been a president who is more relentless in the pursuit of civil rights than I would be," Gramm said. He said that while he wants to increase states' authority over varit ous welfare and education pro,.; grams, "any state, that,; differentiated among its children in their benefits and the services prM . 'j. j ;j a ij viaea, as presiaeni, i wouia comei.i down on them with a righteous in-, dignation." . n "Relentless" "Clearly, the federal government ; has an obligation and had the-1 obligation 100 years before it un dertook the obligation to require;'; equal justice under the law. I am',: proposing no retreat from that. In";; fact, I want to be more relentless than we have ever been," he said. He said the best way to promote,, racial justice is to create more eco-i, , nomic opportunity for all Ameri-.ii cans and balance the budget to,. lower interest rates. He said lower ing taxes will do that. r "You've got to have a commitment to civil rights, but I think-; you've got to have opportunity,": -Gramm said. "My views are very-::; much alfected by the world I ve, grown up in. My wife's grandfather came to Amenca as an indentured laborer to work in the sugar cane,, fields of Hawaii from Korea." He said that man's son, his wife's ' father, won an essay contest that1 paid $25 and enabled him to come to the mainland where he washed " dishes and went to school to become an engineer. "He came home as an engineer anu Decame ine urst Asian-American ever to be an officer of a sugar cane company in Hawaii. His , daughter became chairman or the , Commodity Futures Trading Com-;;; mission that oversees all the trad ing of commodity futures, includ-' ' ing cane sugar. That's America in" action," Gramm said. V" : Gramm also said the federal gov ernment has an imnortant. role in providing for roads, bridges and, other public works projects. He said the federal government must :' itnkiii J 4-1 1. ..P 1 l. ..JiM it'iniiMi i lit vvii 'rn rii iicvv hmii dams along the nation's waterways to enable farmers to export prod-" ucts to booming overseas markets. Polls Favorable rous snow uramm moving in second place in the 1996 Republi-"" can presidentia contest whi e the front-runner, Sen. Bob Dole of Kan- sas, is slipping. Gramm is also cutting into some of Dole's base of farm support.,. Gramm's campaign said Monday" that the senator has been endorsed, , by Doran Zumbach of Coecon. the" Iowa t,orn urowers Association.' Tin mint- mUn f i 1 C v. m mi i iti 1 1 it rutr iMMiipr in m that group, Bill Horan, in working -for Gramm. During the interview, Gramm also said he wants to limit welfare payments to recipients who keep-'-" naving more children. He said that would not increase the number of abortions because "if welfare, spending reduced abortion, we would have no abortion." C, ramm' said. Spending on welfare and the: number of abortions "have cxplod-"" i.u 3iiiimuuieuusiy. iney are ootn. evil twins of a society that does not hold people accountable for Natural gas leak forces evacuations in Waterloo Klf rtlTlH Kl (.IS 1 1 K'sW'M'l hi.miMi hk.m Waterloo, la. Nearly 100 people, including 35 children at a child-care center, were evacuated for nearly an hour Monday afternoon when a 2-inch natural gas line was punctured near downtown Waterloo. Workers using an auger to dig fence holes accidentally punctured the gas line just outside the Superior Welding Supply Co. on the city's west side. Thirty-six employees of that firm, 35 children at the Sonrise Day Care Preschool and Kindergarten in a nearby church and people from several other buildings were evacuated by Waterloo firefighters and police until the gas was shut off. Teacher gives up license; involved with student Tin ll(;isTi:l's(tt.NivsSi:i'ii:i. Martensdale, la. A former Mar-tensdale-St. Marys fourth-grade teacher who admitted becoming personally involved with a 17-year-old student has voluntary surrendered his Iowa teaching license, according to the Iowa Hoard of Educational Examiners. Tony Amosson, a teacher and coach, admitted in documents filed with the board that he had an inappropriate relationship with the student in the 1993-94 school year. An investigator determined in June that Amosson likely had a sexual relationship with the student, who was serving as a teacher's helper. Amosson denied the charge, but submitted his resignation. The board revoked Amosson's license at an earlier meeting, and it can not be reinstated. Amosson could not be reached for comment. Hcntou Countv denies loan to tire recyclcr Vinton, la. (AP) A Hazleton man convicted of illegally dumping 200,000 tires in Chickasaw County won't receive any Benton County money for a tire recycling business there. Mollis DeVoe planned to take over an existing tire recycling facility that closed on Sept. 1, leaving 500,000 tires unrecycled. DeVoe asked the Benton County Board of Supervisors for a $429,000 loan last week to purchase recycling equipment' to dispose of' tires.' .. " - I - Board chairman Dell Hanson said DeVoe would not be getting any county assistance. Hanson also checked into DeVoe's background, and found DeVoe was ordered by a Chickasaw County district court in October 1994 to properly dis-Mse of 200,000 tires that had collected on two Lawler-area farms. The col-lection was considered an environmental hazard. DeVoe was fined $30,000 and assessed a $100 penalty each day for every day after Nov. 24, 1994, that the tires were not disposed of. Two weeks ago, a contempt of court charge was dismissed as the tires remained on the farms, but DeVoe was ordered to take 55 tires a month to the Floyd-Mitchell County Landfill. Two Iowa teen-agers die in separate accidents Till Kti .IM I U l ) NhWN SkRVICt Oakland, la. Allison Kenkel, 17, of Oakland was killed Sunday in a one-car accident on U.S. Highway 6 near Oakland. Elsewhere: Wendy .Jo Schulze, 16, of Amana was killed Sunday night in a two-car accident south of Belle Plaine at Iowa Highways 21 and 212, according to Iowa County sheriff's officials. State auditor completes I laucock County audit I'm Ki ( .im 1 1 li nv Ni Si kvk i Garner, la. The state auditor's office released a final report Monday on a special investigation of the Hancock County clerk of court in Garner. The report covered the period from Feb. 21, 1980, to May 30, 1995, and detailed the mishandling of $5,045.28 in county money. State Auditor Richard Johnson reported that cash and checks totaling the above amount were not entered in the county's cash-lionk. Of the total, $1,420.50 was cash in the office with no receipts or documentation to explain its collection. The remaining $3,018.78 in cash and checks was not deposited, but the purpose Ur its collection was documented. On May 8, 1995, Hancock County Clerk Barbara Young was placed on administrative leave pending the outcome of the investigation. On June 12. 1995, Young was dismissed by a majority vote of the district court judges. Andy Nielson. spokesman for the state auditor's office, said, "It just ap-H-ars to be sloppy handling of money, pure and simple." Young declined to comment Mondav. W)H MOPKHW IIINlllHiliiiisTKR Army Sgt Maj. Cent McKinney asks a question of the Combined Support Maintenance Shop during a tour of the Iowa National Guard on Monday. They were discussing the pump at the lower right that is part of a transmission in M 1 Abrams tanks. in Bosnia 'iiV v i'.r'i'.'1 -. 1 Ufr1 ' -i J Normal metabolism should have decreased his blood alcohol level by 5 percent per hour, the deputy medical examiner said. In his report, Edwards also disclosed for the first time that someone painted Garofalo's left ear white. Edwards earlier had reported that a black beard had been painted on Garofalo's chin, apparently as a prank because he had passed out from too much alcohol. Edward's report also disclosed Garofalo's fully clothed body was found on a couch in a fraternity member's second-floor room in the fraternity house. The member rolled Garofalo from his bark to his right side about 4 a.m. because he "was snoring quite loudly," according to Edwards' report. "I suspect that it wasn't so much snoring as just a rattle from his lungs being filled," said Edwards. Garofalo died of pulmonary edema fluid in his lungs because he vomited while unconscious and breathed the vomit into his lungs. The acidic stomach contents irritated his lungs, causing them to produce enough fluid that they failed. Edwards said Garofalo's lungs weighed three times as much as normal. Edward's report said someone looked into the room about 1 1 :25 a.m. on Sept. 8 and notified another Lambda Chi Alpha member "that things did not appear right." The member determined Garofalo was dead and called police. L if I r.1 i m 'tM. M i If currently serve in most Army occupational specialities, but they are still barred from direct combat jobs, such as those in infantry, armored and artillery units. "All the things that we have asked women to do and things that they have asked to do, they have been been able to do it and do it quite well," McKinney said. McKinney, a Florida native, came to Camp Dodge Monday on a two-day visit to meet with members of the Iowa Army National Guard and to tour the base' facilities for training soldiers to maintain military equipment. The Camp Podge training center is used by National Guard, reserve and regular Army troops from throughout the United States. He is also scheduled to observe use pfsthe Iowa National Guard's fiber optics network, . -.r. .... McKinney, who assumed his leadership post on July 1, said he has no pre-sot agenda to acconv pllsh in his Army-wide job, But he said the Army in the post-Cold War world is still looking for the same type of recruits as it has in the recent past. "We're looking for a good, quality soldier who wants to make, something out of themselves! Someone who really wants to go somewhere and do something," he said. He added that Army recruit' ing is going well and he doesn't see any problems in meeting recruiting objectives during the coming year. Iowa was one of three states that received a U.S. Environmental Protection Agency grant for the work. The Iowa Department of Natural Resources, in a budget request approved Monday, also is asking for more money for the state's overall air- and water-protection programs and for the popular Resource Enhancement and Protection Program. That program which would see its budget increased by $2 million to $10 million provides money for purchases of park land, trails and recreational projects. The budget also calls for the hiring of more workers to monitor compliance with air and water regulations. In other action, the commission approved a $100,000 grant for a Scott County facility that will collect and process used household chemicals for disposal. The center, to be located south of Davenport near the landfill, will begin taking household wastes from Scott and Muscatine counties in January. It later would accept wastes from small businesses. Student travelers Iowa City, la. Two University of Iowa students will discuss their experiences studying abroad in Israel and Japan on the next "International Edition" radio show. The shows airs at 1 1 :30 a.m. Friday and 1:30 p.m. Sunday on radio station WSUI (AM 910). and at 4.30 p.m. Saturday, on KSUI (FM 91.7). Environmental agency approves grant to monitor drinking water U of I Student's Death Linked to Drinking Teen's alcohol level way over legal limit Systems serving small towns will be screened for bacteria, a test that will indicate the overall quality of the water. By PERRY BEEMAN Rm.istkrStahWkitkii Spencer, la. The Iowa Environmental Protection Commission took new steps Monday to rid small towns' drinking water of bacteria and to prevent toxic chemicals from fouling air across the state. The commission also approved a key grant for a regional household hazardous waste collection facility near Davenport. The commission met in Spencer as part of an effort to visit recycling projects, hog lots and other facilities around Iowa. Commissioners approved a $50,000 contract with the University of Iowa's Hygienic Laboratory to check whether small water systems are preventing pollution by coliform bacteria, a general indicator of trouble with drinking water, The Iowa Rural Water Association is a subcontractor for the project. State officials said small water systems, serving less than 500 people, typically have had the most violations of state waUT regulations. The project should help water officials ensure they are performing tests properly and keeping adequate records. They also can receive technical advice. A medical examiner estimates the fraternity-pledge's blood alcohol level was 2.5 to three times the legal limit. By CHARLES BULLARD Of Tmk Rkcistkk's l w.vCity IUm,r Iowa City, la. The blood alcohol level of the 19-year-old University of Iowa fraternity pledge who died Sept. 8 was estimated at .25 to .30 when he stopped drinking, according to the Johnson County medical examiner's report released . Monday. Dr. Victor Edwards, deputy Johnson County medical examiner, estimated Matthew Garofalo's blood alcohol level was 2.5 to three times the .10 legal limit when he passed out about 1 1 p.m. Sept. 7 after attending a party at the Lambda Chi Alpha fraternity house. Edwards estimated Garofalo, who weighed 215 pounds, had consumed roughly 12 ounces of alcohol. Garofalo's blood alcohol level at the time of his death, which Edwards estimated at 7 a.m. Sept. 8, was .188. But Edwards said Garofalo's body continued to metabolize the alcohol for the eight hours between 11 p.m., when he passed out, and 7 a.m., when he died. i

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