St. Louis Post-Dispatch from St. Louis, Missouri • Page 1

3 JAN 3 0 2001 (9 Cleveland Browns name new coach Butch Davis quits U. of Miami to take NFL job, CI 1 PATCH POST-D ex i 50 Tuesday, January 30, 2001 Vol. 123, Mo. 30 2001 In Mention of "polygraph" prompts a mistrial in Woidtkc case mhmz groups fund aid mmt A lev -v't 1 Lie-detector tests are not admissable in Illinois courts By Patrick E. Gauen Of the Post-Dispatch "Polygraph." It was just one word uttered in innocence by an incidental witness.

But it was enough to send Rodney Woidtke back to jail, 14 jurors back home and four lawyers and a frustrated judge back to their calendars for a new trial date. "It is with great reluctance that I tell you I am declaring a mistrial in this case," Judge iv WHAT IT WILL MEAN Religious groups and charities could bid for a share of the money the government pays out to aid the homeless, addicts and prisoners, among oilier social services. THE PROPONENTS A variety of religion-based organizations support the concept Many, such as the St Louis-based National Benevolent Association, already provide extensive social services. THE OPPONENTS Rev. Barry Lynn, of the Americans United for Separation of Church and State, called the plan an assault on the constitutional principle.

He said it would lead only to more litigation. Cm." Stephen Rice announced to the jury of 12 and two alter-nates when they reported for a third day of testimony in Woidtke's murder trial Monday. Polygraph, or lie-detector, tests are not admissible Program will offer federal money to fight social ills It may face court challenge From News Services WASHINGTON President George W. Bush established a White House office Monday dedicated to encouraging religious organizations to seek billions in federal dollars for helping address alcoholism, drug addiction, home-lessness and other social ills. In doing so, Bush drew the wrath of advocates of a strict separation between church and state who warned they might file a legal challenge on grounds that the office violates the First Amendment.

Appearing with 35 religious leaders, Bush signed an executive order setting up the White House Office of Faith-Based and Community Initiatives and appointed University of Pennsylvania political science professor John Dilulio to head it. Bush also signed an order that directed the departments of Justice, Housing and Urban Development, Health and Human Services, Labor and Education to open centers within 45 days to help eliminate regulatory and other obstacles to faith-based participation in providing social services. "Government will never be replaced by charities and community groups. Yet when we see social needs in America, my administration will look first to faith-based programs and community groups, which have proven their power to save and change lives," Bush said. See Program, AS Wjp Rice Judge apologizes repeatedly to jurors in Illinois courts, and case law suggests that mere mention of the word can be considered poison to a jury's fairness.

The forbidden word got men- tioned late Friday afternoon by a woman called by prosecutors to tell how Woidtke went wild when he spotted her inside Belleville's combination City Hall and police headquarters the day after his arrest. The witness, City Hall worker Patricia Brown, testified that it happened as Woidtke emerged from the "polygraph room" on June 27, 1988. Defense lawyer Ron Jenkins immediately called for a mistrial. Rice let lawyers finish questioning Brown before retiring to his chambers to hear them argue the point. See Mistrial, A6 Plan brings a mixed reaction: While some faith-based groups are excited about Bush's plan, others worry that it skirts dangerously close to the boundary between church and state.

AS A maverick leaden John Dilulio, picked to head the plan, is an Ivy League political scientist who spends as ntacfi time on the streets as in the semfharroom. A colleague describes him as "Joe Pesci with a Ph.D." A5 ROBERT COHEN POST-DISPATCH Jody Wilson, a pediatric critical care nurse, kisses Madison Mey Falgout, 18 months old, on Monday outside the St. Clair County courtroom where the child's father, Murphy P. Falgout III, 30, was sentenced to prison for shaking and injuring Madison last year. Father gets a 25-year sentence for shaking and injuring baby Elderly's tax credit on drugs cost 4 times amount expected ter full time, while Connolly works a part-time nursing job.

Madison was just 2 months Madison, now 19 months old, is being cared for by her mother, Kimberly Estopinal, and the No layoffs are expected at auto plants inFenton Child is nearly blind, partially paralyzed; she'll always need care State spent over $80 million old in August 1999 when she was rushed first to St. Elizabeth's Hospital in Belleville then to Cardinal Glen-non Children's Hospital in St Louis where doctors discovered massive brain damage. Falgout was caring for Madison while his wife was at work, police said. Madison is the now-divorced couple's only child. Physicians also baby grandmother, Sue Connolly, at their home in East Alton.

"We're elated," Connolly said after the sentencing. "The judge was not at all touched by what (Falgout said). With this sentence (LeChien) has said Madison matters. We're glad this part is over." The maximum sentence was 30 years. Estopinal, 25, read a one focus of his address, which will include his spending plan for the fiscal year beginning July 1.

House and Senate budget officials project a 'State budget that is $300 million out of balance, mostly because of escalating health care costs, increased expenses for prisons and prescription drug bills. Tax credits that have exceeded the projections in what they would cost the state are also part of the problem. The tax credit for pharmaceutical expenses was for people 65 or older. It applied to those not living in government-funded housing and not receiving full reimbursement for medicine from Medicaid or Medicare. A person earning $15,000 or less could get a full credit of $200.

See Budget, A6 Falgout Pleaded guilty in December of aggravated battery By Michael Shaw Of the Post-Dispatch A father who shook his infant daughter, leaving her paralyzed from the waist down and nearly blind, received a 25-year prison term Monday, five more years than prosecutors had recommended. St. Clair County Circuit Judge Robert P. LeChien imposed the sentence upon Murphy P. Falgout III, 30, of Swansea.

He pleaded guilty in December of aggravated battery in the shaking of his daughter, Madison. By Terry Ganey Jefferson City Bureau Chief JEFFERSON CITY A state income tax credit to help elderly people pay for prescription drugs has cost Missouri more than $80 million in one year, four times the $20 million that was projected when the measure became law in 1999. The $60 million miscalculation is one of the issues that Gov. Bob Holden will address today when he issues his combined "state of the state" and budget message. Holden said last week that high prescription drug bills would be found a pre-existing brain injury, which family members believe she suffered three days earlier when her father called paramedics because he claimed she was having a seizure.

See Sentence, A6 four-page impact statement to LeChein, saying that a healthy baby girl had been destroyed by a horrific act of violence by "the man who should have been her staunchest supporter and her fiercest protector." She stays with her daugh- IN OTHER NEWS DaimlerChrysler workers cheer upon hearing news By Al Stamborski Of the Post-Dispatch The two DaimlerChrysler plants in Fenton have escaped the cost-cutting ax, at least for now. No layoffs of workers or cuts in production here were included in the plans announced Monday by the German-based company to shore up finances at its American division. The parent company said that it would reduce its work force in the Americas by 26,000 people, or 20 percent, over the next three years. Three plants will be closed this year, and three more in 2002. Five plants will lose a shift, and two others will slow production.

But, "There will be no impact in St. Louis," said Trevor Hale, a spokesman at U.S. headquarters in Auburn Hills, Mich. Nearly 7,500 people work at the two plants here: 4,500 at the south plant, where Chrysler and Dodge minivans are made, and the rest at the north plant, where the Dodge QuadCab pickup is assembled. The company's minivans remain the most popular in the industry, despite the ever-increasing number of competitors.

See Chrysler, A6 Weather Today Rain, snow mix High 42. Low 32. Wednesday Senate panel is set to vote today on Ashcroft nomination Cloudy. High 37. fff -w" 1 i Details, B16.

Senator introduces bill that targets airline mergers Spurred in part by American Airlines' proposed purchase of Trans World Airlines, a bill introduced in the Senate would limit mergers and consolidations in the aviation industry. The measure filed by Sen. Harry Reid, would give federal officials authority to intervene when two or three airlines control 70 percent of any route. Also Monday, American indicated it might pull out of the deal if a federal judge doesn't approve TWA's request to break the ticket deal with former TWA owner Carl Icahn that gives him the right to sell discounted tickets from the airline. BUSINESS, C7 The Senate Judiciary Committee is set to vote today on the nomination of John Ashcroft to be attorney general, with a debate by the full Senate beginning as early as this afternoon.

Senate Majority Leader Trent Lott, said he remained confident that Ashcroft would win confirmation by a comfortable margin. Meanwhile, Sen. Patrick Leahy, the top Democrat on the committee, said he would oppose Ashcroft's nomination but would not support a filibuster to delay a vote. NATION, A3 OMturies, B4-S Ctnsified, B6 Editorials, B14 irirTTTJ THE ONLINE GUIDE poStnet.COfflJ TO METRO ST. LOUIS.

The full Senate may vote by Thursday on whether to confirm former Sen. John Ashcroft, as attorney general. 9.