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The Palm Beach Post c SECTION B TAKEOVER TARGET A Missouri software developer offers to buy Able Telcom, a West Palm Beach communications firm. BUSINESS, ID POTTY LOCKS To stem vandalism, county middle schools are locking bathrooms during class hours. STORY, 3B WPalm man wins new trial over invalidated blood test THURSDAY, DECEMBER 4, 1997 LOCAL NEWS Mary's Medical Center, showed Clark's blood-alcohol level was 0.28 percent on March 8, 1994, more than three times the legal limit for drunken driving in Florida, according to court documents. Because prosecutors initially obtained An appeals court rules the medical records were obtained illegally in the 1994 drunken-driving death. By Val Ellicott Palm Beach Post Staff Writer WEST PALM BEACH Warren Clark, who is serving an 11-year prison sentence for a drunken joy ride that killed his best friend, must be tried again because prosecutors got medical records without a court order, an appellate court ruled Wednesday. The records, obtained from St they could issue a second subpoena for them. The 4th District Court of Appeal reversed Lupo's ruling Wednesday, saying prosecutors cannot issue a second subpoena for medical records after they obtained the records improperly. "Otherwise, why have rules at all?" Clark's attorney, Richard Springer, said. The state's position was, 'No harm, no foul.' My position is, once you break the rules to get those records, you can't ever get them." Springer said the appellate court's decision "cuts the heart out" of a DUI manslaughter case in which Clark dis near Parker Avenue, police said. State law allows police officers to take whatever action necessary including force to draw blood from motorists involved in fatal car crashes. In Clark's case, for whatever reason, police did not draw so-called "legal" blood, relying instead on the "medical" blood drawn at the hospital, Springer said. ; To use a hospital's blood-test results in a DUI manslaughter case, prosecutors must first notify a defendant they intend to pursue the records. If the defendant objects, prosecutors must satisfy a judge that the records are relevant before issuing a subpoena. I ' putes he was even driving the car involved in the fatal crash. But prosecutor Ellen Roberts said she will almost certainly move to convict Clark again. "I just have to show he was under the influence of alcohol to the extent that his normal faculties were impaired." Roberts told jurors at Clark's triallast year that Clark, 28, a West Palm Beach mechanic, and his roommate, Eugene Conner, 25, were both drunk when they got into a vintage Mustang that Clark was restoring for a customer. Their ride ended when the car hit a concrete pole at Southern Boulevard Clark the records without a court order, Circuit Judge Mary Lupo declared the first state subpoena invalid. But she also ruled the records relevant and told prosecutors Crafting for baking R I .... L.. m I-. . km. -i una . , Housing chairman quits post Steven Newburgh took the job just ; three weeks ago after Malachi Knowles quit under pressure. A fellow board member punched him the night of his election. By Lisa Ocker Palm Beach Post Staff Writer WEST PALM BEACH For the second time in less than two months, the chairman of the housing authority's board has resigned. Steven Sloane Newburgh, who succeeded Mal Jf V. I mf?A -THH Inw.i i - sv is y 1 ml 0 Ay v achi Knowles when he quit under pressure in October, faxed a short resignation letter Wednesday to the authority and the mayor. He gave no reason for leaving. "I intend to continue community service, but not on this board," he said in an interview, refusing further comment. The departure of both Knowles and Newburgh leaves Lit a.. I ,J J, , . Newburgh "I 'I f M.',h. ' v . . me mi niiniv s nriarn wun tiup members, enough to make decisions. It's up to the , m r i u j. i i i t j. iNancy uiauiiin louiu nui ue reatiieu lur cummem , Wednesday. NewhiirotTs rp;ifrnation is the latest pnisnde in ! SHERMAN ZENTStaff Photographer Manuel de la Rosa shapes hollow terra cotta tile as he builds the 28-ton bread oven at the Old School Bread Co. in Delray Beach. Delray shop has big plans for raising dough a tumultuous period for the housing authority. Since September, the U.S. Department of Housing and Urban Development has reviewed the agency s books and criticized administrators' handling of its tinanrps. psnpna v a SKI mi inn rpnnvatmn con tract and their unsanctioned approval of more than $200,000 extra. Thp hnarrl nnnnintprl its nwn invpsticrativp mm. mittee to follow un on emnlovee comolaints about nnnw p lnrpriprpnrp in rnpir nai v niiuinpsu ann ... ITTTTV I H 1 1 1 iU.l.' nuKS icview. lvieauwnue. liieinucis leameu uiai pedestal and hand-turned. The entire assembly will weigh 32 tons. "It's specially designed for the types of old-fashioned breads we're going to be baking," John said. "It's crude, but it's the truest form of heat." The oven is what the Old School Bread Co. is all about. It will sit in front of a large picture window facing the avenue. "This is our showpiece," John said. By Chuck McGinness Palm Beach Post Staff Writer DELRAY BEACH - Rising from a storefront under construction on East Atlantic Avenue a 9-foot-tall, 28-ton baking machine drew stares from passers-by Wednesday afternoon. Once completed, the monster oven, made with terra cotta bricks and other materials imported from Spain, will turn out a variety of specialty breads the head chef promis are quite popular in Europe, but there are only 12 others in this country, he said. The oven's secret is in the bricks lining the hearth. Manuel de la Rosa, who is building the oven by hand, won't say what the bricks are made of, but John said its contents let the breads "take on a different personality." , About 220 loaves can be baked at one time on the 4-ton hearth, which will be suspended from a es will titillate the taste buds of shoppers on the trendy avenue. The Old School Bread Co., slated to open next month, is the lifelong dream of Boca Raton doctor Larry Charme. Samuel John, who has worked seven years at five-star hotels, is the head baker. Charme spent about $70,000 to buy the gas-powered oven from a small company outside Barcelona, John said. The ovens equal in weight to nine hippopotamuses T i TV . ' f 1 1: If . fcxecuuve uirecior oam oiiiuiiunus gave imiiseu a raisp in TulvanH Viarl hppn Hirprtincr arrnnntincr staff 1 J -V w..0 tn nirip riptirito trnm hiii ann rnp nnarn Tn npfnKfir K"nnu;1fc rpcirpnpH rntlnpr tVian fara ah V-W WVl) 1 VDlgllVU tuuivt H 1111 1UVV possible sanctions after board members found outJ ne naa mea to orevent a meetine to discuss em . Please see KESIGW6B Groups spend $26,000 on auditorium referendum It's not all talk: Rush setting up island office digs By Tim O'Meilia Palm Beach Post Staff Writer PALM BEACH Rush Limbaugh really, really likes us. Maybe enough to preach the conservative way from the ever-so-Renublican is land. First, he remodeled and moved into a $6.7 million ocean-front estate, just up the street from where the Kennedys used to frolic. Second, the chief ditto-head declared I. mmm.. mm. i.mii..jiini vn i n .imp himiiiuwiuwii.mujuiuju.iii jiiuiii -iiw ! mmm i; i n , .k ; .- : - " 1 ? i " .,. "'"V- ' " :v-- IVfrp-.: . ,HW:Vi ; I -- - v 'V-v 'A ' '" . .:(.'. Bull it" i (.." ; i . it g .v.- t... I ALISON REDLICHStaff Photographer himself an official, by Limbaugh List of top contributors An appeals court will hear an expedited appeal on the referendum ruling, which held that a referendum on the sale of the Municipal Auditorium is illegal. PAGE 6B By contrast, legal work for the alliance was done for free by Holland & Knight, a law firm with many dealings with the city. And 91 percent of the alliance's money $13,583 went to consultant Daryl Glenney, who spent it on campaign planning, including a survey, and three pieces of campaign literature. Almost all of the 33 contributors to the alliance are companies with business ties to the city, including the Related Group of Florida, part of the team developing CityPlace, which gave $5,000. Others include: $1,000 from the International Fine Art Exposition. Six days later, it overcame opposition to win city commission approval to hold art shows in a tent for two months this spring. $2,500 from the Arena at Clematis Inc. team, which wants to build Stan McKnight's proposed downtown arena. $1,500 from a division of the Boston-based Gatehouse Group, The group for the sale raised $15,100, and the group against raised $6,463. The referendum has been ditched so far. By Marcia Gelbart Palm Beach Post Staff Writer WEST PALM BEACH More than $26,000 has been spent on a referendum that's been scrapped at least for now. The Alliance for Integrity, a political action committee supporting the sale of the Municipal Auditorium to the Jehovah's Witnesses, raised $15,100 and spent $14,867, according to a Dec. 1 report filed with the city clerk. It also received $5,241 in services. Opposing the sale, the Community Coalition for a Better Auditorium Deal collected $6,463 and spent all but $339. The money financed the battle over a Dec. 16 referendum on the $12.5 million sale of 72 acres. A circuit judge canceled that election last month, ruling that a contract ' is not subject to voter repeal. On Wednesday, the 4th District Court of Appeal agreed to hear an expedited appeal. As of Nov. 28, the coalition had spent more than 76 percent of its money $4,703 on its attorney, John Jorgenson. Political consultant, Richard Giorgio, said he was paid $682 and is owed $1,200. God, resident of Palm Beach County. Registered Republican, precinct 77. ; .' Third, Marta, his third wife, is revamping the magazine Vent across the bridge in Phillips Point. And, finally, the radio talk show host is redoing a 2,000-plus-square-foot office on the third floor of an office building a 340 Royal Palm Way. The drywall is going up now. Earlier this year, Limbaugh denied talk that he was broadcasting from his Palm Beach bedroom, a no-no in a residential area. But it's OK in commercial areas such as Royal Palm Way. His lawyer checked that out with town officials last summer But let's not rush to judgment Neither Limbaugh's representatives nor his Palm Beach lawyer, Doyle Roe ers, returned phone calls Wednesday. The 'trimming' of a melodious Christmas tree WEST PALM BEACH Members of the First Baptist Church choir assemble to form the Singing Christmas Tree Wednesday at the church on Flagler Drive. The tree was the highlight of the church's annual Christmas pageant extravaganza held Wednesday. Please see PACS6Z?