St. Louis Post-Dispatch from St. Louis, Missouri • Page 15

MAR 0 8 2001 B4 ST. LOUIS POST-DISPATCH METRO THURSDAY, MARCH 8, 2001 postnet.comnews Both sides have their say on bill to tighten roles on Missouri dog breeders Chief Illiniwek gels support from university's board of trustees 9 The Associated Press I Measure seeks stronger inspection program KELLEY McCALL THE ASSOCIATED PRESS Missouri state senators listen to testimony Wednesday at a hearing in Jefferson City on a bill to boost enforcement of state law covering animal care facilities. The room was packed with opponents and proponents of the measure. 150,000 and 200,000 dogs for sale each year, according to state Auditor Claire McCaskiU. The state accounts for about 40 percent of all the dogs sold in pet stores throughout the country.

Judith Cato, one of those supporting the bill, said that because of industry problems, dogs sold from Missouri suffer from genetic problems, diseases and bad temperament She said dog clubs connected to specific breeds were on the verge of activating a tourism and economic boycott of Missouri. "We've earned their criticism," Cato said. Rocky McMahan, of the Missouri Pet Breeders Association, said the news media had presented only the "ugly side" of the industry. "Animal welfare is our overriding concern," McMahan said. "Missouri must be doing a good job or the consumers would have gone elsewhere.

Obviously there are some failures, but we dont hear about the good facilities." By Terry Ganey Jefferson City Bureau Chief JEFFERSON CITY A legislative committee heard two explanations Wednesday for why Missouri is the nation's leading commercial producer of dogs. Pet breeders said it was because consumers liked the quality of dogs bred in the state. People concerned about "puppy mills" said it was because of the non-enforcement of regulations covering the dog breeding industry. The opposing views were offered at a two-hour hearing on a bill that would boost enforcement of the state law on animal care faculties, including dog breeding operations. Missouri produces between URBANA, ni.

It looks like Chief Illiniwek won't be going anywhere for a while. At a meeting Wednesday afternoon, the University of Illinois' board of trustees overwhelmingly voiced their support for the university's, mascot. While no vote was taken, 12 members of the board spoke in favor of keeping the chief and two said the mascot should be retired. The meeting is latest, chapter in a dispute between, those who say the mascot hon-, ors American Indians and crit-, ics who say the mascot is racist and demeaning to Amer-, ican Indians. Since January of last year, the board has received com-; ments from more than people.

The board also re- ceived a report from a Chicago judge who reviewed the con-; troversy and said last fall that! neither side was willing to compromise. In January, the board ofv trustees adopted a resolution! saying it acknowledges that; the mascot represents a seri- ous issue and promised a fo-. rum for civil debate. Then last; month, the university rejected1 an offer by the U.S. Justice; Department to mediate the', dispute, saying that the trus-' tees needed time to study the issue.

On Wednesday, at the rec-; ommendation of several board 'J members, chairman Gerald Shea said he would form committee to further study the issue in the hopes of finding a compromise between support-! ers and detractors of Chief nil-; niwek. Senate panel supports transportation plan much smaller than In an audit, McCaskill has faulted the state Department of Agriculture's inspection program, saying that in a two-year period no violations were found. She also reported that two inspectors had family ties to dog breeding operations. Several breeders and kennel owners objected to a license fee increase that proponents say is necessary to finance the inspec Holden's plan also would ask voters to increase the fuel tax by 3 cents and vehicle registration fees by 66 percent. It would dedicate $125 million of the $620 million total for mass transit, railroads, aviation and ports.

Holden also calls for the creation of a new post secretary of transportation, to be appointed by the governor. Business and transportation groups expressed support for the measures, which are expected to be combined into one bill resembling Holden's plan. Gordon Reel, of the St. Louis Sens. Mike Gibbons, R-Kirk-wood, and Pat Dougherty, D-St Louis, are sponsoring the bill.

It would increase the number of inspectors, require that each inspection be documented and establish a training program for inspectors. Stronger prohibitions against conflicts of interest between inspectors and the dog breeding industry are also part of thebilL Halfway, who chairs the Senate Transportation Committee. "Obviously, there will be a lot of amendments added to it (in the Senate). Ifs a starting point" Westfall's plan doesn't provide any money to compensate other agencies for the fuel tax money they have been receiving an omission he said would be a lightning rod for resistance. The plan Holden unveiled Tuesday also stops the transfers but would use part of the revenue from a five-eighths-cent increase in the state sales tax to replace them.

A pall hung over Battisti's law offices on South Kingshighway, where he sat in utter silence surrounded by fellow lawyers. His nerves were shot and he felt sick to his stomach. At 10:13 p.m., the phone rang. Battisti figured it was either one of many curious reporters or Rapp with bad news from the Supreme Court He took a swig of beer and grabbed the phone. It was Rapp.

She said, "I want to let you know that the court just granted your application for a stay." Battisti asked her to repeat it "She told me, 'We granted your And I asked her, 'Can the attorney general appeal And she said, 'No, go home. No execution tonight' Then Battisti, 45, celebrated as he hadn't since he was an 8-year-old football fan living in Youngstown, Ohio. He jumped up, hooped and hollered and ran in circles around the office, slapping high-fives. "I can say that I haven't quite celebrated like that since the Cleveland Browns won the '64 title game 27-to-nothing against the Colts." The Browns beat Johnny Unit-as that year. Battisti beat a client's death sentence on Tuesday.

But it's not the end of the matter. The Supreme Court is expected to rule on the cert petition later this month. If it rejects it the Missouri attorney general will ask the state Supreme Court to set a new execution date for Antonio Richardson. To contact reporter Paul Hampel: E-mail: a person with mental retardation would have to have: Significantly subaverage intellectual functioning, and Continual and extensive related deficits and limitations in two or more adaptive behaviors. Ford said an example would be the inability to handle money or to choose where they should live.

The definition generally matches how other parts of Missouri statutes define the condition. Under the bill, the prosecution and the defense could agree on the person's mental retardation before the trial. If the two sides disagree, a judge or jury would decide during the sentencing phase. A similar bill a delicate compromise between prosecutors and defense attorneys died in the waning minutes of last year's session. Khrich's bill is SB267.

The House bill is HB265. Reporter BiD Bed E-mail: Phon573-635-6178 tion program. Current fees are capped at $500 per year. The bill would provide a $1 per animal charge for each animal sold. Michael Maddox, of the Pet Industry Joint Advisory Council, said the fee hike was "staggering." Dougherty said that about 750 of the 950 class A commercial breeders would get a fee increase of $106.

The bill is SB 511. Gov. Holden's Regional Chamber and Growth Association, told the panel that his group favors a $500 million to $600 million transportation plan that addresses a variety of transportation needs and increases the accountability of the highway commission. With $600 million in new revenue, the commission said, it could widen and improve Interstate 70, improve Highway 40 (Interstate 64) near St Louis, upgrade the interchange of Interstate 435 and I-70 in the Kansas City area, and widen many state and U.S. highways in rural Missouri.

ST. LOUIS Gerald R. Graner Printer, worked with the deaf Gerald R. Graner lost his hearing as an infant while suffering from whooping cough. As an adult, Mr.

Graner felt that many deaf people didn't have the opportunity to learn about God because they could not participate in regular church services or Sunday schools. At the urging of friends, Mr. Graner became a local pastor for hearing-impaired services and a coordinator for deaf ministries in United Methodist churches in the St Louis area. Mr. Graner died Saturday (March 3, 2001) of kidney failure and complications from cancer at his home in Webster Groves.

He was 67. A funeral for Mr. Graner, a former Post-Dispatch employee, was held Tuesday at Grace Episcopal Church, 514 East Ar-gonne, Kirkwood, with interment at Bellefontaine Cemetery. A native of Kansas City, Mr. Graner learned to lip-read as a child and later learned sign language.

In 1956, Mr. Graner graduated from Kansas State Teachers College in Pittsburg, now Pittsburg State University, with a bachelor's degree in mechanical arts. Eugene Pospeshil Retired photography chief at Post-Dispatch Eugene A. Pospeshil became interested in taking pictures in junior high school. Then, while attending Belleville West High School, he worked for the yearbook.

His love of photography led him to a career in photography at the Post-Dispatch. Mr. Pospeshil died Tuesday (March 6, 2001) of a heart condition at St Elizabeth's Hospital in Belleville. He was 69 and lived in Freeburg. A native of Belleville, Mr.

Pospeshil served four years in the Air Force during the Korean War. After he returned from the service, he attended Belleville Area College, now Southwestern Illinois College, the University of Illinois at Urbana-Champaign and Washington University. He managed a small camera shop in Belleville for a few years before he was hired as a staff photographer at the Post-Dispatch in 1966. He was later named director of photography and in 1981 became an assistant to David Lip-man, then managing editor. The Associated Press JEFFERSON CITY Just a day after Gov.

Bob Holden outlined a $620 million transportation plan, a Senate panel endorsed a much smaller measure that would raise money only for roads and bridges, not mass transit No taxes or fees would be raised under the proposal approved Wednesday by the Senate Transportation Committee. Instead, the plan would phase out the practice of diversion of fuel tax revenues to agencies oth Execution Quest for stay was roller coaster ride Continued from Bl Battisti had figured the 8th Circuit's stay would be more than stout enough to resist any efforts by Missouri Attorney General Jay Nixon to lift it The 8th Circuit had ordered the execution halted pending the outcome of a Supreme Court hearing involving a convicted killer from Texas named John Paul Penry. Like Penry, Richardson is reported to be borderline mentally retarded. The Supreme Court said it will use Penry to clarify what jurors need to know about a defendant's mental capacity in death penalty cases. "The excitement and thrill when the 8th issued that stay was just unbelievable," Battisti said.

"Here is Richardson waiting to die in a cage at Potosi and I called him and said, Tony, we got a And he was overwhelmed, almost Then Richardson asked his lawyer a question that proved to be a powerful reality check: "What happens now?" The query stunned Battisti, but he tried not to let on. He collected his thoughts and tried to answer it He told Richardson that technically, the attorney general could go to the U.S. Supreme Court and request that it remove die stay. But he doubted the court would do it "The standard is so high to dissolve a stay once the court of ap Richardson Senate OKs exempting retarded from executions Continued from Bl Prosecutors had offered Richardson life in prison in exchange for a guilty plea. But another group talked Richardson out of it Now he is on death row for the murder of Julie Kerry in 1991 at the Old Chain of Rocks Bridge.

Richardson and two others stripped, beat and raped Kerry, 20, and her sister, Robin Kerry, 19, before shoving them into the Mississippi River. Richardson's lawyer Gino F. Battisti, of St Louis, said Richardson is borderline mentally retarded and would have fit the exemption under the bilL The normal threshold for mental retardation is an IQ of 70. Bat er than the Department of Transportation except for money that goes to the Missouri State Highway Patrol. The result would be about $60 million for transportation in the first year and almost $200 million annually when fully implemented.

The money would be used for road projects outlined in a 1992 highway plan that mostly benefits rural areas. The State Highway and Transportation Commission abandoned that plan in 1998. "Ifs not the total answer. I know that," said the measure's sponsor Sen. Morris Westfall, R- peals has entered it that I couldn't see it happening," Battisti said.

"I told Tony, 'Let's not worry. We're up Sure enough, Nixon faxed a copy of his predicted next move to Battisti, who promptly faxed his opposition to the Supreme Court Then he got the call from Cynthia Rapp, the clerk at the Supreme Court She told Battisti the court had granted Nixon's application by a 6-3 vote, with Justices John Paul Stevens, Steven Breyer and Ruth Bader Ginsberg dissenting. The execution was back on. Battisti placed another call to death row. "Tony didn't say anything when I told him.

He dropped the phone. I heard the phone hit the floor and he never picked it up. I waited several minutes and heard nothing and finally hung up." Battisti was down to a last slim lifeline. It is something called a writ of certiorari, or, as it is more commonly known, a "cert petition." It is a request that the court consider taking the time to look at a motion. In this case, that motion was Battisti's claim that since Richardson is mentally retarded, his conviction and death sentence violate the 8th Amendment of the U.S.

Constitution against cruel and unusual punishment Considering that the. high court had just voted 6-3 against the 8th Circuit's decision to spare Richardson on the mental capacity issue, the cert petition seemed to Battisti to be about as potent as a popgun. But the high court has indicated an interest in examining the issue of executing mentally retarded prisoners in light of decisions by numerous states to outlaw such executions. tisti said Richardson has scored a 70 and a 72 on different tests. On Tuesday, Gov.

Bob Holden said Richardson definitely would not be exempt under the bilL Holden also said he supported the proposed legislation. Cole County Prosecuting Attorney Rich Callahan and other supporters say the bill would end these discrepancies. Death penalty opponents typically bring up the fact that people on death row have mental impairments, Callahan said. The charges undermine public confidence in the criminal justice system. If the state had an exemption when Richardson was going through his trial, "we wouldn't be having these disputes right now," Callahan said.

"We think ifs the right thing to do," Callahan said. "It would be good for our system to have a definition in the law so that this matter can be fairly litigated." Undejr the proposed definition, DEATHS Ten years later, he moved to" St Louis to work as a printer at the Post-Dispatch. He retired', from the composing room in' 1997. In 1977, Mr. Graner completed a master's degree in' educationcounseling from the; University of Missouri at St! Louis.

He then taught sign lan-! guage at St Louis Community; College at Florissant Valley for several years. In 1993, Mr. Graner earned a master of divinity degree from; Eden Theological Seminary in Webster Groves. Mr. Graner played a role in; helping establish services for1 the deaf and worked with many, organizations, including the Missouri Association of the; Deaf, where he had previously served as president Among survivors are his wife, Mary Lee Wilhite Graner of Webster Groves; a Blanche Strauser of Cedar Hill; a son, James S.

Graner of St. Charles; a brother, the James F. Graner of Lamed and seven grandchildren. In lieu of flowers, memorial; contributions may be made to! the National Kidney Foundation of Eastern Missouri and the, Metro-East 1423 Hanley Indus- trial Court, St Louis, Mo. 63144; the American Diabetes Associa-' tion, 10820 Sunset Office Drive, Suite 220, St Louis, Mo.

or St. Thomas Episcopal Church for the Deaf, 1210 Locust Street St. Louis, Mo. 63103. Before retiring in 1994, Mr.

Pospeshil; served several years as general man-; ager of Sports Stats, a divi-! sion of Pulit-; zer Inc. Pospeshil With paper 28 years He was a member of' the Belleville Elks and Ainad Shrine. Visitation will be from 4 to 8 p.m. today at Kurrus Funeral' Home, 657 North 57th Street Belleville. A funeral will be at' 9:30 a.m.

Friday at the funeral -home with burial at Lake View Memorial Gardens in Fairview; Heights. Among survivors are his wife, Mary Ann Clemmons Pospeshil of Freeburg; a daughter, Julie; Rich of Mascoutah; three sons, Michael Pospeshil of Freeburg, Thomas Pospeshil of Fairview; Heights and Timothy Pospeshil of Belleville; a brother, Ronald L. Pospeshil of Minneapolis; and three grandchildren. Memorial contributions may be made to the American Diabe-' tes Association, 10820 Sunset Office Drive, Suite 220, St Louis, Mo. 63127.

A Emissions Emissions repair vouchers are available Continuedfrom Bl The state's partial match to a $2 million federal grant was ultimately approved. Still, Fett said, "We were kind of at a standstill." He said things began to come together in recent weeks. The Department of Social Services has hired technicians to handle applications for repair vouchers, which could total as much as $450 per car. In order to be eligible for the subsidized repairs, a motorist whose car has failed the test must earn no more than 185 percent of the federal poverty level. Thar defined as $2,721 a month for a family of four.

The car must also pass the separate safety inspection. Information about the repair vouchers is now being included in brochures handed out at the region's test centers to motorists whose cars flunk the tests. Chuck Dachroeden, unit chief for the state's inspection maintenance program, said the agency has sent out applications to a handful of people who have inquired about the program in the past Dachroeden said low-income motorists have been protected from hefty repair bills because the state caps the costs based on the model year of the car. For model years 1980 and older, that waiver threshold is $75. It increases to $200 for cars built between 1981 and 1996, and to $450 for cars built since 1997.

Cars are exempt from the test in their first model year and the year after. People whose cars fail the test and can't afford the repairs are being encouraged to call one of five application offices. They are: Missouri Career Center, 3616 Richardson Square Way, Arnold. Telephone: 636-467-2307. Missouri Career Center, 1108 Washington Square, Washington.

Telephone: 636-239-6703. Prince Hall Family Support Center, 4411 North News-tead Avenue, St. Louis. Telephone: 314-877-2400. St Charles County Government Workforce Development 2020 Parkway Drive, St Peters.

Telephone: 636441-2422 Division of Family Services, 3545 Lindell Boulevard, St. Louis. Telephone: 314-340-5000. I i.