Reno Gazette-Journal from Reno, Nevada • Page 33

Reno Gazette-Journal Friday, December 5, 1986 NBC asks judge for acquittal in Newton trial courts to the local government purchasing act introduces a conflict over the issue of separation of powers among co-equal branches of government," Chally added. Acirot oKrmt tpstimnnv that Ross DUt his Test Site trespass suspects innocent BEATTY Two California men who attempted to infiltrate the Nevada Test Site in an effort to stop an underground nuclear test have been found innocent of trespassing. Nye County Justice of the Peace Bill Sullivan said the innocent verdict came because it wasn't shown the protesters committed unlawful acts while on the Nellis Bombing and Gunnery Range adjacent to the site or that they had seen and ignored "no trespassing" signs. Sullivan admitted his decision was "a surprise" to the district attorney and the anti-nuclear protesters. Jon Seward, 26, of San Francisco, and Mike Geare, 30, of Long Beach, said they thought Sullivan would try and make an example of them by finding them guilty and giving them the maximum sentence of six months in jail and a $1,000 fine.

The two were arrested Oct. 15 on the Nellis Bombing and Gunnery Range while trying to infiltrate the top secret nuclear testing area. Cities meet early in Vegas LAS VEGAS Las Vegas has been asked to host the annual meeting of the National League of Cities next year, one year earlier than expected. The city of Philadelphia had been scheduled to host the December 1987 meeting. But Philadelphia backed out and League officials elected to hold the convention in Las Vegas instead.

The meeting is set for Dec. 11-16, 1987. About 10,000 delegates are expected to attend the convention. Las Vegas last hosted the convention in 1979. Philadelphia backed out of its commitment after it was learned the convention would conflict with the annual Army-Navy game.

tions that I was asked, with all candor," Newton answered. "I wanted to give them everything they wanted. This was the fruition of a dream; a very important point in my life." NBC attorney Floyd Abrams turned to testimony Newton gave before a federal grand jury in Connecticut in November 1980 in an effort to refute his testimony in the current trial. In the grand jury testimony, Newton detailed how he approached crime figure Guido Penosi for help in halting death threats against his family. Newton has described Penosi as a longtime fan.

Penosi turned to his cousin, East Coast mob boss Frank Piccolo, for help in getting the threats halted. Pressed about whether he had gone into detail with gaming officials about his relationship with Penosi and Piccolo, Newton said he had told them "the crux of what I knew." He said the details of that relationship "only became relevant after the NBC broadcast." Newton testified he still believed earlier assertions that some federal authorities were controlled by NBC. "Nothing much would surprise me after sitting through eight weeks of listening to the Keystone Cops over there," Newton said, nodding toward the NBC legal staff and co-defendants Brian Ross and Ira Silverman. Ross was the reporter on the Newton reports and Silverman was the producer. Newton denied he had squeezed Ross' arm when the reporter sought to interview him following the 1980 gaming board hearing.

By Robert MacyAP LAS VEGAS An NBC attorney, arguing there had been a "total failure of proof," asked a federal judge Thursday to acquit the network of charges it defamed singer Wayne Newton. The request for a verdict of directed acquittal without the case going to the jury came as both sides rested in the trial, which entered its eighth week Wednesday. NBC attorney Floyd Abrams asked U.S. District Judge Myron Crocker to delay ruling on the acquittal request until arguments Monday by both sides outside the presence of the jury. If NBC is not granted the directed acquittal, closing arguments are expected to take place late Monday or Tuesday before the civil jury.

Earlier in the day, Newton testified he told Nevada gaming officials the truth about his relationship with two crime figures, but attorneys for NBC chipped away at whether Newton told the whole story. Newton is suing the National Broadcasting Co. Inc. over telecasts in 1980 and 1981 linking him to organized crime figures. The broadcasts said Newton was not entirely truthful with Nevada gaming authorities, who investigated him before approving his purchase of the Aladdin Hotel and Casino on the Las Vegas Strip.

Newton was recalled to the stand as the federal court trial, now in its eighth week, began winding down. "Do you feel you told the whole story to Nevada gaming authorities?" Newton was asked by his attorney, Morton Galane. "Absolutely. I answered all the ques hand out and introduced himself as being from NBC, Newton responded "That's an absolute lie." Newton again charged that Ross used "Gestapo" tactics in trying to get the interview. Videotapes of the exchange show Newton being polite at first, then growing irritated as Ross persisted with questions about Penosi.

Other than a call to his secretary and the confrontation in the hallway after the gaming board hearing, Newton said Ross and Silverman made no effort to interview him. He said he was doing two shows a night, seven nights a week at a Strip resort in the weeks leading up to the broadcast. "I was very easy to find," Newton said. "Everyone else found me." Newton said he stayed two nights at a hotel in Carson City while attending licensing hearings in 1980, and Ross and Silverman stayed there at the same time. "There was no message asking for an NBC interview?" Newton was asked.

"No," he answered. Former Gaming Control Board Chairman Richard Bunker returned to the stand Thursday to defend the state's licensing of Newton. "I would suggest the Penosi-Piccolo (relationship) was gone into extensively," Bunker said of a meeting of board members and gaming investigators Sept. 24, 1980, the day before the board recommended licensing. Vegas Hilton sports book LAS VEGAS Hilton Hotel chairman Barron Hilton says the opening of the new race and sports book at the Las Vegas Hilton ushers in a new era for that rapidly-growing industry.

Hilton officials are calling the $17 million facility the world's largest, and have dubbed it Superbook. The sports book covers 30,500 square feet, an area larger than the hotel's existing casino. Sports events and betting lines are displayed on 46 screens. A formal opening of the new sports book was held Wednesday. Vegas AIDS victims die LAS VEGAS Three more Clark County AIDS victims died in November and another person was diagnosed as having the disease, bringing to 45 the total number of known cases in the county, officials said.

Thirty of the 45 known AIDS victims in Clark County since 1981 have died of the disease, said Dr. Otto Ravenholt, the county's chief health officer. In announcing the latest statistics, Ravenholt predicted the number of cases will continue to rise for the "foreseeable future." Ravenholt said the county is continuing an ongoing educational program on the disease and will begin holding monthly public forums on AIDS. Of the 45 cases, 43 were linked to either homosexual conduct or intravenous drug use. Two other cases had no known cause.

Supreme Court revives embezzlement, forgery charges Insanity plea criticized LAS VEGAS A prosecutor has ripped the insanity plea of Wes Joseph Pertgen, who claims he was insane when he killed his roommate and stuffed the body in a refrigerator. Prosecutor Dan Seaton said Wednesday that Pertgen had not proven his insanity plea and should be convicted on felony charges that include murder and sexually assaulting a woman. Pertgen is accused in the July 3 slaying of Eugene Kortcamp, 53. He later surrendered at a Las Vegas hospital and confessed to police. officials in June 1985 and reported the embezzlement to police.

Ms. Lindsay claimed charges against her should have been dropped because her due process rights were violated by the Darts when they got her to confess and induced her to continue working for them without pay for several months to avoid prosecution. In remanding the case for further action, the Supreme Court concluded that "despite the disturbing facts underlying this case, the district court erred by dismissing the state's case." CARSON CITY (AP) Embezzlement and forgery charges were revived Thursday by the Nevada Supreme Court against Lorraine Lindsay, a former state Gaming Control Board staffer who is now assistant North Las Vegas city manager. The charges against Ms. Lindsay were dismissed last March by Clark County District Judge Mike Wendell.

But the District Attorney's Office appealed to the high court. The case involves the embezzlement of $5,400 from Laurine a gaming consulting company activated in 1984 by Richard Dart Jr. Dart's father, Richard a Control Board intelligence agent, also got involved in the company after leaving the board last year. Ms. Lindsay served as secretary and treasurer for Laurine Inc.

and in late 1984 admitted to Dart Jr. she had taken the money, the Supreme Court said. Dart didn't tell police or ask Ms. Lindsay to quit. Instead, he and his father, then working for the Control Board, got her to sign a written confession.

A few weeks after his retirement from the Control Board, Dart Sr. joined his son in recording the confession with Arizona Court purchases different CARSON CITY Purchases made by municipal and justice courts aren't subject to the same controls governing other local government spending, Attorney General Brian McKay said Thursday. McKay, in an opinion sought by Carson District Attorney Noel Waters after the purchase of a new computer by local judges, concluded "no existing statutes or case law give local officials any say-so on court purchases and purchase prices." Deputy Attorney General Brian Chally, who authored the opinion, said courts are branches of local government but also are part of Nevada's court system and "judicial independence in procurement matters has been acknowledged by the Legislature." "To subject justice of municipal No Martin Luther King Ave. LAS VEGAS The Las Vegas City Council has rejected a proposal to rename Highland Avenue in honor of slain civil rights leader Martin Luther King Jr. The council voted instead to find another way to honor King, with councilman Ron Lurie suggesting that a new library on the city's Westside bear the name of the civil rights activist.

Owners of businesses along the busy street spoke in opposition to the plan Wednesday, saying it would be costly to change signs and other business items. Staff and wire service reports Supervisor-elect Marilee Chirila, who will represent Hansen's ward beginning in January, said she thinks the city should try to come up with an alternative to closing the station. "I really have serious reservations that the closing of the station will compromise safety in that area," she said. Hamilton said he is nervous about closing the station, but he is "only bringing this (option) to the board because we have exhausted, I believe, any other areas to cut." "We're all nervous," Mayor Pro Tern Tom Fettic said. "How can you look at $1 million and not be nervous? I'm opposed to all of it (budget cuts).

That's neither here nor there. We just don't have the money." Carson City From page 1C he could trim $100,000 from his department's budget, mostly by drastically cutting down on overtime and instituting cost-saving measures in the city jail. The only sticking point came on the issue of possibly closing Fire Station No. 3 on Synder Avenue, because, according to Walker, too much overtime pay is being spent to keep it open. Supervisor Stan Hansen, whose ward encompasses the fire station, was adamantly opposed to the closure.

The plan is to close the station at the beginning of next year then reopen it in July if the budget allows. "I am strictly and totally against closing station three," Hansen said. "That station is in my ward and I have made statements that I will fight against closing it to my last dying breath." Supervisor Bill Burnaugh said he wanted to see more information about what the fire station's closure would mean, both fiscally and for the safety of the surrounding community. The board voted to continue the discussion on closing the fire station until its Dec. 18 meeting.

It has been estimated that closing the fire station would increase emergency response time by 3 to 5 minutes. Nevada digest Obituaries Births MONTERO To Mr. and Mrs. John Mon-tero of Yerington, a daughter, Nov. 26, 1986.

NALDER To Mr. and Mrs. Richard Nalder of Gardnerville, a daughter, Nov. 27. 1986.

Saint Mary's Hospital GAUGER To Mr. and Mrs. Dennis P. Gauger of of Reno, a daughter, Nov. 3, 1986.

JOHNSON To Mr. and Mrs. Myron Johnson of Reno, a daughter, Nov. 3, 1986. PILLON To Mr.

and Mrs. Richard R. Pil-lon of Sparks, a daughter, Nov. 3, 1986. Carson-Tahoe Hospital To Mr.

and Mrs. Daniel Albee of Carson City, a son, Dec. 2, 1986. 'CRAWFORD To Mr. and Mrs.

Stephen Crawford of Carson City, a daughter, Dec. 3,1986.. Marriage licenses neers, was state treasurer of the National Society of Professional Engineers the Carson City chapter of which elected him Engineer of the Year for 1971. Shewan was past president of the Kit Carson Toastmasters, and was a member of the Ormsby Sportsmen's Association, Nevada Landmarks Society, Retired Officers Association, the V.F.W., and he served on the American Arbitration Association. Surviving are his widow, Evelyn of Carson City, sons, Michael of Los Angeles and Maj.

James of Germany; and numerous nieces and nephews. A memorial service is scheduled for 2 p.m. Monday at Walton's Chapel of the Valley Funeral A memorial is being established with the Civil Engineering Scholarship Fund, 102 Morrill Hall, UNR, 89557. nyuilar, 26, and Reita M. Lovell, 43, both of Sparks.

Brad Lee Paige, 25, and Christina Leah Anderson, 16, both of Reno; William P. Kuzemchak, 33, and Sheila Inez Corwin, 33, both of Reno. Duane Austin Boreham, 22, and Anna Lynn Heidt, 19, both of Reno; James E. Inman, 67, and Helen Mary Bettencourt, 64, both of Sparks. Richard Alfred Ciesynski, 32, and Destaney Mia Reed, 24, both of Sun Valley, Nev.

Ashley T. Hall, 28, of Las Vegas and Pamela M. Wolfe, 21, of Reno. Curt Everett Rawson, 23, of Sparks and Cheryl Lynn Parent, 23, of Reno; Mark Lewis Bauhofer, 27, and Susan E. Harding, 30, both of Reno.

William G. Dunaway, 30, of Reno and Dorann S. Watson, 31, of Sacramento, Harold R. Grow, 42, and Tryna D. Barnard, 32, both of Reno.

Stanley T. Budzynski, 23, and Debra L. McKenzie, 19, both of Reno; Mario Rene A native of Seattle, she was born April 4, 1934, and had lived in Gardnerville for the past 18 years, coming from Fernley. Mrs. Neal was a teacher's aide.

Surviving are her husband, John Arlen, and a son, John, both of Gardnerville; sons, Dave of Hartsville, S.C., and Dan of Cheyenne, brothers, Gene Bate of Sacramento, and David Bate of Reno; and two granddaughters. A funeral is scheduled for 2 p.m. Saturday at Walton's Chapel of the Valley, Carson City, with inurnment at the Sierra Crematory in Reno. A memorial is being established with the American Cancer Society, Carson City Unit, P.O. Box 608, Carson City, 89702.

Kyle M. Peroddy Kyle Matthew Peroddy, the 2-month-old son of Albert O. Jr. and Julie A. Perrody of Reno, died Tuesday in a Reno hospital.

Surviving in addition to his parents are a brother, Adam, sister, Corinne, and grandparents, Albert and Shirley Peroddy and Donald and Orla Lawler, all of Reno; great-grandparents, John and Elizabeth Knowles of Silver Springs, and numerous aunts and uncles. Arrangements are under the direction of the Ross, Burke Knobel Mortuary. Randell C. Schmatt Randell C. Schmatt, 38, died Wednesday in a Reno hospital.

A native of Iowa, he was born July 3, 1948, and had lived in Reno for the past 12 years, coming from Eureka. Schmatt was a slot technician for the Sands Casino. Surviving are his widow, Bonnie of Reno; parents, Gaylord and Maxine Schmatt of Gardnerville; and a sister, Gaylene Worthington of Auburn, Calif. No funeral is scheduled. Inurnment will be at the Sierra Cemetery, under the direction of the Walton Funeral Home, Reno.

William H. Shewan CARSON CITY Lovelock native William H. "Bill" Shewan, 66, died Wednesday at his residence. He was born March 11, 1920, to William and Sally "Ovens" Shewan, and had been a Carson City resident for the past 52 years, coming from Lovelock. Shewan was a civil engineer, retiring in 1975 from the Nevada Highway Department as a deputy highway engineer in charge of maintenance and construction.

He was an Army veteran of World War II, and was a 1946 graduate of the University of Nevada. He was a member of the American Society of Civil Engi Kirk Duncan A memorial service is scheduled for 2 p.m. Saturday at St. John's Presbyterian Church for Kirk Duncan, 28, who died Wednesday at his residence. A native of Sherfferville, Quebec, he was born Nov.

12, 1958. Surviving are his parents, Donald and Inga Duncan of Reno. A memorial is being established with the Memorial Scholarship Fund, Mackay School of Mines, University of Nevada-Reno, 89512. Clarese N. Looman Clarese Noreene Looman, 74, died Sunday in a Reno care center.

A native of Olean, N.Y., she was born Nov. 18, 1912, and had been a Reno resident for the past 15 years, coming from California. Mrs. Looman was a housewife. Surviving is her husband, William.

Burial will be at the Greenwood Memorial Park Cemetery, San Diego, under the direction of the Ross, Burke Knobel Mortuary. Patricia C. Neal GARDNERVILLE Patricia Clare Neal, 52, died Wednesday in a Carson City hospital. Divorces granted DEATH NOTICES Linda Pahl vs. John Michael Pahl; Ann fcli-zaeth Oualey vs.

Kayo Melvin Qualey. Steven E. Rosemeyer vs. Darlene Rose-meyer; Henry Gerald Theisen vs. Felomina Derijay Theisen; Barbra Jean Thomas vs.

Lawrence Allen Thomas. Cherry L. Tucker vs. Michael S. Tucker; Suzy Evelyn Woods vs.

Jerry Wayne Woods. Carl Edward Altman vs. Jan C. Altman; Vichai Anantasomboon vs. Surang Anania-somboon; James Terrence Badley vs.

Deborah Renee Seamon Badley. Louis J. Canepa vs. Carta Anita Canepa; Anita M. Colbert vs.

George M. Colbert; Glenn Conrad vs. Kathy Conrad. Susan M. Copeland vs.

Charles W. Cope-land; Fred Espiritu Dacayanan vs. Jaida G. Morco Dacayanan; Abolfazl Etemad vs. Mary Y.

Ruiz Etemad. Lorna Flores vs. Noriel Flores; Justine Franklin vs. Dustin J. Franklin; Mary Ann Fuller vs.

Daniel Philip Fuller. Agerico Y. Bongalon vs. Susan Sumayao Bongalon; Lee R. Buell vs.

Deborah Ann Buell; Milagros Jamir Corpus vs. Jesus Aguila Corpus. George Benjamin Edgar Jr. vs. Wanda Lee Edgar; Romeo Santos Francisco vs.

Soledad Tarrosa Francisco; Ernesto Raul Galloso vs. Heather Galloso. Arnold Layug Ganzon vs. Marie Russel Ganzon; Rene Apul Genesse vs. Marie Antoinette Rose Genesse; Teddy G.

Geon-anga vs. Josefa G. Geonanga. Gail Elizabeth Gould vs. George Gould; Elaine R.

Johnson vs. Robert W. Johnson; Joy Young vs. Agustin F. Jose.

Sean Martin vs. Douglas J. Martin; Mark P. Misciagna vs. Judy M.

Misciagna; Chris-. topher P. McCulley vs. Nanette P. McCulley.

Rhonda K. Nicora vs. Thomas C. Nicora; WILLIAM TUCK 67. died December 1.

1986 in Mesa. Arizona. He was a retired sub-contractor and owner of Tuck's Supply Company. He served in the Navy in World War II. Memorial services were held in Mesa on Decenber 3, at the Good Life Trailer Park.

He is survived by his wife. Lillian, a daughter. Sharlynn Luethe of Colorado and a son William T. Tuck, of Washington and four grandchildren. Court actions Sparks, charge amended to reckless driving, fined $250.

David L. Kinchen, Sacramento, fined $800, 10 days jail. Ady J. Kings, Carson City, fined $500, 48 hours community service, DUI school. Stephen S.

Terrell, 3300 Skyline Reno, fined $450, 48 hours community service, DUI school. Following are actions reported by courts involving people arrested on a charge of driving under the influence: Reno Municipal Court Diego B. Bagazuma. 935 Eighth Reno, fined $450. two days jail, DUI school.

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Richard P. Ganchan, M.D John S. Williamson, M.D. Jerry N. Zebrack, M.D.

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a Federal Agency. OR 786-3969 rape IMPORTANT NOTICE REGARDING MONTGOMERY WARD ADVERTISEMENT THE FRAGRANCES ADVERTISED ON PGS 18-19 IN WEDNESDAY'S SALE SECTION ARE NOT AVAILABLE AT THE MONTGOMERY WARD STORE IN THIS MARKET. WE APOLOGIZE FOR ANY INCONVENIENCE TO OUR CUSTOMERS. Montgomery Ward -TT- 5.