St. Louis Post-Dispatch from St. Louis, Missouri • Page 4

B2 ST. LOUIS POST-DISPATCH METRO" THURSDAY, JANUARY 14, 1999 jury rejects charge of murder in killing at motel in Eureka They find man guilty of manslaughter instead Rapist is Nixon's first target under predator law Ice leads to spinout on Interstate 270 Man' has served 15 years, is to be released Friday 1 1 2 -f' fc I By William C. Lhotka Of the Post-Dispatch Despite the testimony of a 6-year-old boy who said he saw the shooting, a jury convicted Floyd Poertner on Friday of the lesser charge of involuntary manslaughter in the death of the boy's mother at a Eureka motel in October 1997. The jury in St. Louis County Circuit Court deliberated less than two hours before rejecting the state's argument that Poertner, 39, of Allenton, was guilty of second-degree murder, which carries a 1 sentence of up to life in prison.

Judge Emmett M. O'Brien set sentencing for March 26. Because Poertner was convicted in 1983 of robbery, stealing a firearm and burglary, he could get up to 20 years in prison as a persistent offender, the defense attorney said. Poertner also was convicted of armed criminal action, which carries a sentence of three years to life in prison. Poertner denied he had intended to kill Lynnette Flynn, 24.

Poertner was staving with Flynn, and her sons, Jacob, 5, and Harley, 2 at the Oak Grove Inn. Poertner said a handgun that Flynn had cocked and then set down went off accidentally when he picked it up. Defense attorney Randy Knopf said the state lacked a key ingredient to prove murder there was no motive. "He loved her; they had been dating for a year, said Knopf. "He recklessly handled a gun and was on drugs." Prosecutor Ed McSweeney cited the testimony of Jacob, now 6, and an ironworker who had been in the room next door and heard what he said was an argument Jacob testified that Poertner had taken the gun from a drawer, pointed it at his mother, who was lying on the bed, and shot her.

But Knopf cited a half-dozen inconsistencies in the boy's testimony, and he noted that the ironworker had neither called police nor the desk clerk to complain about an argument Poertner admitted that after the shooting, he buried the gun and the needles the couple had used to inject methamphetamines, Knopf said, but he later led police to the gun. Poertner also had called 911 and did not flee the crime scene, Knopf added. ByKimBell Post-Dispatch Jefferson City Bureau JEFFERSON CITY A sex offender preparing to walk out of prison Friday could be the first man in Missouri to be declared a sexually violent predator under a new state law. At a hearing today in Columbia, state authorities will argue that Dennis McNeal Smith Jr. is such a threat to the community that he should be locked up indefinitely at a mental health clinic.

Smith, 42, has served 15 years of a 20-year rape sentence. He attacked a 90-year-old woman in Columbia in 1983 and sexually abused a second woman at a complex for the elderly. Missouri Attorney General Jay Nixon is making the first use of the state's 2-week-old violent sexual predator law. His office must show that Smith is likely to commit future sex crimes. A psychiatrist is scheduled to testify that Smith has schizophrenia and antisocial personality disorder.

A judge at the probable cause hearing today is being asked to order more psychiatric tests, the next step before going to trial. Under the new civil procedure, certain violent sex offenders can be put under the control of the Department of Mental Health involuntarily and for an indefinite period once their prison sentences are up. Nixon filed papers this week to have Smith committed, triggering a mandatory hearing within 72 hours. Smith's hastily appointed defense lawyer, Rob Fleming, said Wednesday that he was rushing to familiarize himself with the law, the crime and his new client. 'Twenty-four hours ago, I didn't even know who this man was, Fleming said of Smith.

'We're attempting to build a file. We're doing this on two days' notice with a statute that is brand new. It's not clear what we're expected to do." Nixon expects to be using the civil commitment law against three or four prisoners a month in the next few months. Dan Gill Danial Penrod of High Ridge, with his 1997 Jeep Wrangler on the bank behind him, watches other drivers spin out of control Wednesday on icy Interstate 270 near Highway 40. Penrod's vehicle spun across three lanes of traffic on northbound 1-270.

ST. LOUIS Sidewalk vendor bill advances A revised bill to allow more sidewalk vendors in downtown St Louis was endorsed Wednesday by the alderman-ic Streets, Traffic and Refuse Committee. The measure now goes to the full Board of Aldermen. The bill would allow permits to be issued on a first-come, first-served basis to no more than 10 vendors east of Tucker Boulevard. Three would be issued for Kiener Plaza by the parks department, and seven for other areas east of Tucker by the streets department.

Vendors wouldn't be limit levels and thus does not present a health risk. Incineration of the soil and wood pipeline are part of the cleanup of the ordnance works, site of a World War II explosives plant where TNT and DNT were manufactured. In October, a wooden pipeline suspected of harboring radioactive material was found missing from storage. The incinerator at the ordnance works was shut down Dec. 9 after radiation was detected.

The incinerator resumed normal operations Dec. 31, after samples showed that material slated for the incinerator had only background levels of radioactivity or less. had worked in the auditor's office since January 1995. He was responsible for many of the auditor's duties in the 15 months when the auditor's position was vacant Wagener, in a letter to the council, said Hepburn 'has served St. Louis County and the council in an outstanding manner ST.

CHARLES COUNTY Radiation levels are deemed safe The Missouri Department of Health has concluded that levels of radiation detected in samples of soil and pipeline to be incinerated at the old Wel-don Spring Ordnance Works is below natural background ed to fixed locations but would have to stay 150 feet away from other vendors and from restaurants or stores selling the same products. Under current law, vendors are barred in most areas east of Tucker. ST. LOUIS COUNTY Full-term for auditor is recommended St. Louis County Council Chairman Jeff Wagener, D-Oakville, has recommended that the full council appoint Michael V.

Hepburn, the current county auditor, to a full term that ends Dec. 31, 2002. The council hired him in 1997 to fill a vacancy. Hepburn, 30, of Florissant, Carnahan leaves on trip to Greece Gov. Mel Carnahan left Wednesday for a short trip to Greece to lobby for billions of dollars in contracts for several Missouri companies.

Carnahan is accompanied by his wife, Jean Carnahan; a security detail; and the state Department of Economic Development's European liason, Ann Pardalos. The governor plans to meet with Greek officials regarding the military's possible sale of 30 F-15Hs, built by Boeing Co. in St. Louis, said Carnahan spokesman Chris Sifford. Greece is expected to make a decision within weeks, he said.

Carnahan also is lobbying for HOK Sports Facility Group in St. Louis and Black Veatch of Kansas City, which are competing for construction projects at the 2004 Summer Olympics to be held in Athens. Carnahan said the export of Missouri-manufactured products to Greece has doubled to $23 million since his trip to Greece in November 1997; service-industry projects surpassed $200 million. The Carnahans' expenses are being paid by themselves or the Hawthorn Foundation, a private group that aids economic development efforts. The state will pick up the tab for the governor's security detail and for Pardalos, a spokesman with the Department of Economic Development said.

Ballot issue rewrite on concealed weapons is ordered 3 officials must be involved, judge rules Missouri executes killer, but questions remain The Associated press POTOSI, Mo. Kelvin Malone was executed by injection early Wednesday, leaving unanswered questions about a murderous rampage 18 years ago that left three people dead, maybe four. Malone was put to death at 1:20 a.m. at the Potosi Correctional Center for killing a St. Louis cabdriver in 1981.

The execution was delayed while the U.S. Supreme Court weighed, and then denied, an appeal. In his final days, Malone offered no details of a crime spree that began in St. Louis and ended six days later in California. Malone refused interview requests and offered no last words.

He was the 33rd man to die since Missouri resumed executions. 21 years of age to carry concealed firearms outside their home for personal protection after having passed a state and federal criminal background check and having completed a firearms safety training course approved by the Missouri Department of Public Safety?" When measures are referred to a public vote either by law or through an initiative petition the secretary of state must draft an official, unbiased summary statement of up to 50 words describing the issue. The state auditor is required to prepare a cost estimate. The attorney general is supposed to review both the description and cost estimate. The Legislature's bill did not involve the three state officials in the drafting of the ballot language.

Kinder ordered Cook, Attorney General Jay Nixon and Auditor Claire McCas-kill all Democrats to begin work on the ballot language and a cost estimate. ballot language. The suit alleged that the Legislature's concealed weapons ballot description contained too many words and was not a true and impartial statement of the measure's purpose. The suit was filed by former Highway Patrol Superintendent Fred Mills; Sister Mary Jean Ryan, president and CEO of SSM Health Systems in St Louis County; and Chuck Keithley, a former Taney County sheriff in southwest Missouri. On the last day of the 1998 session, the Legislature authorized a statewide referendum on concealed weapons.

Supporters estimated that 250,000 people would obtain concealed weapons permits within three years. But they would first have to undergo 12 hours of safety training. Renewals would be every three years. The Legislature's ballot description said: 'Shall state or local law enforcement agencies be authorized to issue permits to law-abiding citizens at least By Terry Ganey Jefferson City Bureau Chief JEFFERSON CITY A judge has ordered Secretary of State Bekki Cook and two other state officials to write a ballot description of the concealed weapons issue that Missouri voters will consider at the polls April 6. Cole County Circuit Judge Byron Kinder ruled that the description included in a bill passed by the Legislature last year did not conform to a state law that ballot issues be written by the secretary of state with the help of the state auditor and attorney general.

Kinder ruled in response to a suit filed Tuesday challenging the Legislature's Police seek missing woman, 65 Police are seeking information about a missing woman not heard from since Friday. Rosann Stegall, 65, did not show up this weekend at her church. She was supposed to fly to California Tuesday to visit her son, but she apparently never arrived for the flight Officers searched her home and 100-acre farm in north St. Louis County Tuesday night and Wednesday. Her luggage, purse, keys and car were there.

She is a white female with long brown hair and blue eyes, about S-foot-6 and weighing 140 pounds. Anyone with information can call St. Louis County police at (314) 889-2400. 7 ostnetlcomj IMAMMAA 923-2323 Information at your fingertips! MADKrTPI APT ''om') blizzard conditions only to find your Resolve to be more fit in the new year. Health and pstM4aLmirtrtKe slore ou' with Fitnest from postnet.com's Marketplace jets you Yellow Pages.

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