The Palm Beach Post from West Palm Beach, Florida on December 1, 1997 · Page 100
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December 1, 1997

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The Palm Beach Post from West Palm Beach, Florida · Page 100

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West Palm Beach, Florida
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Monday, December 1, 1997
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48" THE PALM BEACH POST MONDAY, DECEMBER 1, 1997 MSI Public defender: Politics plays a role T Ten Commandments' At a recent staff meeting, Public Defender Diamond Litty circulated 'The Public Defender's Ten Commandments': 1) Thou shalt be happy. 2) Thou shalt help each other out. 3) Thou shalt visit their clients. 4) Thou shalt take a holistic approach to clients. 5) Thou shalt use some discretion. 6) Thou shalt follow the chain of command. 7) Thou shalt attend staff meetings. 8) Thou shalt assess attorney and application fees. 9) Thou shalt read the personnel manual. 10) Thou shalt be a fine reflection of the office. c 4k 2 DEFENDER From IB . .-. . 'rule." . - ,..v.v.-v- - - Litty said the perceptions are incorrect Barnett had received raises and had been transferred to an office nearer to his home since the incident He even wrote Litty a warm, appreciative letter when he resigned, ' she said. ' ;.' ' , Litty said the reporting policy doesn't regulate what lawyers can say. It merely keeps her informed of what's going on in her office. "What Jim Harpring does as a public defender reflects not only on him, but on me and every other attorney in 6ur Office," Litty said. Litty doesn't back down from the political label, but said that doesn't compromise her ability and integrity. "I always make the right decisions that are right in my heart and I think are the right thing to do," she said. "But to say I'm not a political person would be a lie." Last year, Litty settled a 2-year-old federal lawsuit filed by a former employee who said he was fired because he criticized Litty and her policies. : : i . : , . ; According to Tim Foster's complaint Litty covered up the real reason for firing him by contending he was dismissed because he had a sexually suggestive poster in his office. In all, Litty spent spent $87,500 in state money to settle the case. Three years ago, a Port St. Lucie man appealed his drunken driving conviction, saying the public defender's office should have informed him that Litty was married to Walsh when it represented him. ' -', ! His attorney, Michael Kessler, said that appeal was dropped after his client settled his case. Litty since has provided written notification of her marriage to Walsh on plea forms. A Florida Bar spokesman said the marriage poses no conflict of interest, , as long as the relationship is disclosed. j Then, there's the money. Starting salaries are around $25,000 less than starting police officers in Fort Pierce who need no college) degree, Litty points out Litty is paid just over $100,000, a figure determined by the Florida Legislature. "I think, essentially, the adniinistration does not devote enough time, care and attention to the morale of the troops," said Thomas Burns, an attorney in the Fort Pierce office, who said he's been treated well. "Even in the course of my time there, it has become a much more pressure-filled, much less fun placeJo be." :j If there's stress, that has nothing to do with the administration, said Laurie Ehler, who eft the Fort Pierce office last month for a highef-paying job representing the rights of abusejl children. ',' "A lot of it is high stress because you're representing these people, and they're fadng jail time," Ehler said. '. Assistant Public Defender Fran Ross, who tries cases and supervises the Fort Pierce office, said the recent rash of departures onfy seems high because until recently, the Treasure Coast had unusually low turnover. Stat officials said such records are not kept on. p statewide basis for public defenders' offices; ) Despite the turnover, the office has" had some high-profile successes recently. In Qcjci-ber, Ross persuaded a jury to find Seah McCallister guilty of attempted manslaughtej-rather than attempted first-degree murder for the highway shooting of a single mother in a case that garnered national attention. -21 And Mark Harllee forced four mistrials-Si the murder case of Colandro Peters this ygaf . Litty doesn't think the recent departuresls a sign of problems in her office. "There are going to be people who leave that are unhappy. I think that's whether you work for us or Walgreen's." j JASON NUTTLEStaff Photographer As for the high caseload, some former assistant public defenders point to current Assistant Public Defender Karen Tufte as an example. She had 35 felony cases on the November court docket She tried five of them, plea-bargained 15 and continued 15 to the next trial period in January. Tufte said there's no way she can offer that many clients the best possible representation. When Circuit Judge Larry Schack recently suggested Tufte reassign some of her clients to private lawyers, Litty refused, according to Tufte. Litty said the office has strict criteria for dropping cases and that she understands it will make it difficult for lawyers sometimes. And stress is just part of the job. "The nature of the beast ... is that you have too many cases and not enough attorneys," Litty said. . Boy, 7, killed in 1-95 crash JUPITER - Palm Beach County firefighters work to remove Jwo children trapped inside a van just south of Indiantown -Road on Interstate 95. Robert Cooper, 7, of West Palm fieach was killed and his sister Nicole, 8, was trapped for yearly two hours and in serious condition. Their grandmoth er, Maureen Quarento, 48, of Lake Worth, lost control of the -van Sunday night and hit a tractor-trailer, officials said. jMore judges recognizing foster rights CLASSIFIED CLASSIFIED FUNERAL NOTICES FOSTER Prom IB j.- The joneses' lawsuit says the !3-year-old girl had become a I member of their family, they were tver "psychological parents," and J welfare officials broke up the family without giving them proper THOMAS J. WIND ; 80, of West Palm Beach passed away Thursday, Nov. 27, 1997 to be with God. Thomas was a veteran of WW n. He worked for 22 years with the New York City Police Dept., then served with Seabord World Airlines for many years. He leaves to mourn his passing a daughter, !. Kathleen Wind; and a son, Tim Wind Also a special brother, John Wind. . - Friends may call Monday at THE ROYAL PALM FUNERAL HOME CHAPEL from 10 am to 12 Noon. Services start at 12 Noon. MARTIN "MARTY" TOCCI Age 73, of Boynton Beach died on Friday night, November 28, 1997. He had been a resident here since 1979, coming from Long Island, New York. Mr. Tocci was a member of St. Thomas More Catholic Church. Marty la survived by his wife, Corlnne; sons, Martin Tocci of Arizona, and Nicholas James (Barbara) Tocci of Royal Palm Beach; two grandchildren, Brandon and Heather; and sister, Lee Genu of HicksvUle L.I., NY. A Mass of the Resurrection will be celebrated 10 am, Thursday, at St. Thomas More Catholic Church, Boynton Beach. A Wake Service will be held 7 pm, Wednesday, at BOYNTON MEMORIAL CHAPEL, 800 W. Boynton Beach Blvd., Boynton Beach. Friends may call at the funeral home Tuesday and Wednesday, from 2-4 and M pm. Boynton Memorial Chapel Family Owned k Operated notice or a chance to be heard. That violates the Constitution's Fifth and 14th Amendments, they say. Both amendments say gftVernment can't deprive anyone tf "life, liberty or property" with- ING. JOSE R. GARCIA Jom Rene Garcii de la Paz-Fenundez de Leon, 79 yean old, of West Palm Beach died on Saturday, November 29, 1997. Mr. Garcia was born in La Habana, Cuba on December 21, 1917. A graduate of the Untversldad del la Habana, he received an - Engineering Degree in Chemical, Agriculture and Sugar in 1940. He moved to West Palm Beach in 1967, coming here from Cuba. For many years, he was employed with the Osceola Farms Co. and Flo-Sun Sugar Company in several different capacities and most recently, he served as the Plant Manager for Medallion Paint and Color Company until his retirement in 1982. He is survived by his wife, Prlsca Gomez de Garcia; his daughters, Ma. Cristina Garcia de Bello (and her husband, Ernesto J. Bello), and Ma. Lourdes Garcia de Gutierrez (and her husband, Jorge P. Gutierrez), all of West Palm Beach; and his grandchildren, Jorge P. Gutierrez, Jr. (and his fiance, Nichol Schoaf), Lourdes Cristina Gutierrez, Carlos A. Migoya Jr. and Jose Luis Migoya. Also surviving is his brother, Raul E. Garcia (and his wife, Zenalda Garcia) of Miami; bis sister, Sinia Ma, Suarez Pedemonte of Rio Piedras, Puerto Rico. The Mass of the Resurrection will be held on Monday, December 1, (today) at Mary Immaculate Catholic Church, West Palm Beach. Interment will follow In Queen of Peace Cemetery, Royal Palm Beach. QUATTLEBAUMHOLLEMAN BURSE FUNERAL HOME, 1201 South Olive Avenue, West Palm Beach is in charge of arrangements. In lieu of flowers, contributions may be made in his memory to the American Lung Association, 2701 N. Australian Avenue, WPB FL 33407. QUATTLEB AUM-HOLLEMAN-BURSE FUNERAL HOME FAMILY OWNED OPERATED In Loving Memory Eddye Dowdy December 1, 1995 W I due process of law in other constitution protects "family rights," but have, traditionally defined families as people related by blood, marriage or adoption. In a 1977 ruling on. ajfew York case, the U.S. Supreme Court suggested that definition should extend to foster families: , "At least where a child has been placed in foster care as an infant, has never known his natural parents, and has remained continuously for several years in the care of the same foster parents, it is natural that the foster family should hold the same place in the emotional life of the foster child, and fulfill the same socializing functions, as a natural family," ' . . .. In 1985j'a federal district court in California cited , the Supreme Court opinion and ruled directly on the issue. '.; . w' ' ' It said "the foster parent-foster child relationship has precisely the same form, and content as a healthy biological parent-Child relationship, and.'.', before the state or any of its political subdivisions can end the relationship,1 it must provide the parties with procedural due process." Tampa family. Circuit Judge Ronald Alvarez angrily criticized DCF for showing up at the foster home unannounced, during a nighttime rainstorm, to take the child and threatened to jail agency workers if they ; didn't return the child. DCF returned Ramiro, ; dropped its objections and let the foster parents adopt. The case ended without a ruling on the constitutional status of foster family relationships. "Foster parents usually don't , challenge the department's authority," said Miami lawyer Karen Gievers, who has sued DCF often on behalf of foster children. "They ; know if they buck the system, they won't ever get any more; foster kids." -When children are removed from their biological homes, Gievers said, state laws and DCF rules set out timetables for hearings and provide legal counsel for parents. ."There's nothing like that with respect t6 foster parents," she said. Courts have long held that the rds, adequate notice and a fair inng for their arguments The parent-child relationship etween the Joneses and the child m Mom, I hold you in my dreams at nighl I call you in the dam. And yet I have to tell myself that you are -really gone. But 1 know God has you in his-.' loving care. ; - 141 '1 1 H I. , , ' i . ' 1 If 'Ik MS, a uoeny mai is consuiuuonai- TOMMI T. WILSON Age 20, of Boynton Beach, FL died on Saturday, November 29, 1997. Tommi Is the beloved son of Ron Wilson and Tytti Noni-Wiison of Boynton Beach. Other survivors Include his aunt and uncle. Helga and Risto Ervanne in Finland, an uncle, Kimmo Norrl in Ocala; and an uncle, Jukka Norrl and family In Germany. Tommi will be missed by his many, many friends. Memorial services will be held 4 pm, Saturday, Dec. 6, at BABIONE-STEPHENSON FUNERAL HOME, 1004 S. Dixie Hwy, Lantana with the Rev. Dr. Penttl J. Maki officiating. Your Loving Family, Carletta, Alma & Lamb Chop, n-Roosevelt & Robert JlyUrotected, says Miami attorney j Alan Mishael, who represents ! them. I Mishael raised the same argument against DCF in the "Baby tRamiro" case last year. Foster parents Ricardo and Sylvia Melen-ai I of West Palm Beach had cared (for Ramiro Lopez, 3, since infancy THOMAS F. HARNEY 82, of Lake Worth, Florida passed away on aiiu waiueu iu auupi iiiiu, uui ur placed him with his siblings in a NO. 413770 NOTICE OF PERMITTED USE CHANGE The Villaae of North Palm Beach. Florida. Dro- November 29, 1997. A veteran of WW 11, he served in the U.S. Army, 9th Infantry, and was awarded the Purple Heart for wounds received in Belgium. He was a member of VFW Post a member of the Na tlonal American Legion, and life member of the DAV. Mr. Harney retired from the U.S. Postal Service in 1980 after 33 years of service and was a member of Area deaths poses to change the permitted use of all proper- Letter earners Local now. ' Surviving family members Include his wife, ries wiTmn me vniaqe currently zonea as neiahborhood commercial district. The subiect Barbara; and children, Thomas Harney, Jr., Joanne Herow, Stephen Harney, Patrick Harney, Maureen , McMonagie, Susan Young, Allan Hanson, ana uenra NorveU; 17 grandchildren; three great grandenu. dren; and sister, Helen Worthlngton. properties are snown in me map in mis aavernse-ment. A oublic hearina will be held bv the villaae She is survived by her hus-1 band, Malcom; daughter, Maureen Young of Port St. Lucie; a son; one granddaughter; and two greatgrandchildren.' Yates Port St. Lucie Funeral Home. "' " Friends may call on Monday, December 1, at the-DORSEY FUNERAL HOME, Lake Worth. A Funeral Mass will be celebrated at St. Luke Catholic Church on Tuesday, Dec. 2, at 10 am. Interment will follow at council at 7:15 o.m., December 11, 1997, in the Village Hall, 50l U.S. 1, North Palm Beach; vniaqe Hlllcrest Memorial Park, West Palm Beach. DORSEY FUNERAL HOME 3529 South Congress Ave., Lake Worth Florida, 33408. THE VILLAGE OF NORTH PALM BEACH 1 1 "-m MARY GRACE MARLIER KLIMAS Age 76, of Tequesta, FL died Thursday, November 27, 1997 in Jupiter. Born In Pittsburgh, PA she was the daughter of the late Raymond M. and Esma Grace (McCleilan) Mariler She was a member of St. Jude Catholic Church, Tequesta, the Jupiler, Tequesta Garden Club, the Lighthouse Gallery, A.A.R.P., and the Jupiter Hospital Auxiliary. Prior to retirement she was a water management researcher. Wayne Arthur Erlsten 57, Fort Pierce He died Friday at a local hospital. The native of Ohio lived in St. Lucie County 27 years. ; He once owned and operated S&A Drywall of Fort Pierce. He is survived by his wife, Sharon McFarland; daughter, Mary Lynn Bullington, and sons, Michael and Timothy Erlsten, all of Fort Pierce; another daughter; his mother and father; and five grandchildren. Yates Funeral Home. Survivors include two sons, Charles Vincent imas, PhD, of Seattle, WA and William Klimas of Jupiter; three daughters, Kathleen Klimas Ligon of NJ, Susan Corcoran of Charlotte, NC, and Nancy Grace Klimas, MD, of Miami; sister, Rita Marie Marlier of Norfolk, VA; in-laws, Alice Klimas, Gladys Mariler, Marge Dudlnsky, Katherlne Michalaros, Leona Klimas, and Victor and Gid Klimas; U grandchildren; and 26 nieces and nephews. She was predeceased by her husband, Charles, In 1969 and her daughter, Elizabeth Ann Klimas in 1954. Mass of the Christian Burial will be celebrated on Tuesday, Dec. 2, 10 am, at St. Jude Catholic Church with Ft. Ed Campbell, O.S.B. officiating. Visiaion will be Monday evening, Dec. 1, from 5-8 pm at the TAYLOR MODEEN FUNERAL HOME 250 Center St., Jupiter, FL. Memorials may be made to the C.F.I.D.S. Foundation for Fibromyalgia Research, PO Box 220398, Charlotte NC 282224398 or to the charity of the donor's choice. TAYLOR MODEEN FUNERAL HOME Family Owned t Operated (407) 744-2030 Palm Beach County ; Aitler, Solomon, of Boca Raton. Services Monday. Beth Israel Memorial Chapel, Boca Raton. Darby, James M., 45, of Pa-hokee. Services Monday. James A. Bennett Funeral Home, Pahokee. Fagan, Wilma, 80, of West Palm Beach. Dorsey Funeral Home, Lake Worth. ' Garcia, Jose R., 79, of West Palm Beach. Quattlebaum-Holle-man-Burse Funeral Home, West Palm Beach. Funeral Mass today. ' Gardner, Stanley J., 70, of Lantana. Babione-Stephenson Funeral s Home, Lantana. Funeral Tuesday. ? - f- ' . Harney, Thomas F., 82, of Lake Worth. t Dorsey y Funeral , Home, Lake Worth. Funeral Tuesday. V Levine, Jacob, 78v of Delray Beach. Beth Israel Memorial Chapel, Boca Raton. ' Meyerson, Doris, 90, of Del- ray Beach. Services Monday. Beth Israel Memorial Chapel, Boca Raton. Nykiel, John, 87, of Tequesta. Aycock Funeral Home, Jupiter. Funeral Mass Tuesday. Pitkin, Lillian, 95, of West Palm Beach. Levitt-Weinstein Memorial , Chapel, West Palm Beach. Funeral Wednesday. ' Polite, Louis, 43, of Lake Worth. Coleman Funeral Home, West Palm Beach. . Scuiletti, George, 40, of West Palm Beach. Tillman Funeral Home, West Palm Beach. Funeral Wednesday. ' ' Stern, Simon, 77, of Delray Beach. Royal Palm Funeral Home, West Palm Beach. ' : ,' ' . Vickers, Carle, 83, of West Palm Beach. Royal Palm Funeral Home, West Palm Beach. ' Weingart, Claire, of Boynton Beach. Services Monday. Beth Israel Memorial Chapel, Boca Raton. Wilson, Tommi T., 20, of Boynton Beach. Babione-Stephenson Funeral Home, Lantana. Memorial service Saturday.' Wind, Thomas, 80, of West Palm Beach. Royal Palm Funeral Home, West Palm Beah.' Martin County Arthur Edwin Davis Jr. 74, Palm City w He died Friday at Martin Me-aftbrial Medical Center. Z A native of Maine, Mr. Davis iVfas a Navy lieutenant during JVYprld War II. He was president of gijter-County Hospitalization Plan Inter-County Health Plan ?ftc., and Preferred Health Systems Inc.; and the founder and treasurer of Healthguard of Lancaster, all in Pennsylvania. J n He is survived by his wife, Jacqueline; four sons; two daughters; seven grandchildren; and a Ssister. ? .C Young & Prill Funeral Home. Kalie Lorraine Mowitt 2, Stuart She died Friday as a result of - -an accident at her home. J She is survived by her parents, tTom and Darlene Mowitt; sisters, Mariah Mowitt and Raynell, both Jrf Stuart; her paternal grandmother and maternal grandparents. " Funeral at 10 a.m. today at Young & Prill Funeral Home. sBurial at Fernhill Memorial Gardens & Mausoleum, Stuart. ; "., .. Donna M. Wallengren 4 49, Jensen Beach h She died Saturday at her home 2-after a nine-year battle with her ;illness. : V '.. ;i Born in Pennsylvania, Mrs. -Wallengren was a Treasure Coast "President for , 17 years, and the former owner of A Cut Above ;Beauty Salon in Jensen Beach. She is survived by her parents; i jwo sons, Brian Lupinacci and K)raig Wallengren of Jensen fBeach; and a brother. C Memorial service at 4 p.m. Tuesday at Jensen Beach Commu-inity Church. Young & Prill Funer- al Home, Stuart. :St. Lucie County Sarah E. MacLean t 102, Port St. Lucie The native of Ireland died Fri-jLday after living in Port St. Lucie Tor 28 years. j Sophie Ackerley 67, Fort Pierce She died Saturday at her home. A native of Minnesota, Mrs. Ackerley lived four years in Fort Pierce, after moving from Homestead. , She is survived by husband, Robert; a daughter, Susan Kath-ryn Robbins of Palm City; another daughter and a son; her mother; three brothers and two sisters; nine grandchildren and two greatgrandchildren. Yates Funeral Home. NORTHLAKE BLVD. C1 I I-'; US1 i A copy of the proposed ordinance (Bill 906) is on GEORGE SCUILETTI Age 40, of West Palm Beach passed away Sunday, November 30, 1997 after a long illness. George Is survived by his parents, George and Ursula Scuiletti, Lake Worth; sister, Adrienne (Robert) Green, Lake Worth; niece and nephew, Nicole and Robert; dear friend, John; aunts, uncles, cousins, and many friends. rue in me omce or me vinage uerK, oui u.o. ff i . North Palm Beach. Florida and can be viewed weekdays between the hours of 8am and 5pm. All members of the public are invited to said A funeral service will be held at the TILLMAN FUNERAL HOME, 2170 South Military Trail, West Palm Beach on Wed., December 3, 1997, 11 am, with a priest from St. Luke Catholic Church, Lake Worth, officiating. hearing and may participate in same. If a person decides to aoDeal any decision mdde TILLMAN FUNERAL HOME, WEST PALM BEACH FAMILY OWNED OPERATED by the Village Council with respect to any matter considered at the public hearing, he will need a record ot the proceedings and tor such purpose he may need to ensure that a verbatim record of i i. . i i.i i. ii Okeechobee County Elmer H. Wiitala 82, Okeechobee He died Thursday at Columbia Raulerson Hospital. A resident of Okeechobee since 1981, Mr. Waiitala was a lifetime member of Community Christian Church. He is survived by his wife, Barbara; his son, Dennis Paul, also of Okeechobee; one daughter and two sisters. Memorial service at 7 p.m. Tuesday Buxton Funeral Home Chapel. he proceedings is made which record includes he testimony and evidence upon which the GLADYS A. SMITH Age 96, died Friday, November 28, 1997 at the Okeechobee Health Care Facility. Mrs. Smith was a lifetime resident of Florida. She is survived by her son, Gordon Beal of Tallahassee; and daughter, Dorothy Steele of West Palm Beach. In addition, she Is also survived by six grandchildren; 24 great grandchildren; and 33 great, great, grandchildren. A memorial service will be held Tuesday, Dec. 2, 11 am, at the Crossroads Baptist Church, 5710 N. Haverhill Road, West Palm Beach with Rev. Wayne Padgett officiating. -, appeal is based. PUBLISH: Palm Beach Post - December 1, 1997 '

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