Albuquerque Journal from Albuquerque, New Mexico • Page 28

Judge Allows Mental Health Group Home To Open By John Ilasenberg JOURNAL STAFF WRITER Judge John Hrennan ruled that the home is in accordance with city and state zoning laws and denied the neighbors' request for a preliminary injunction. "There is not strong evidence that these people are more likely to cause harm than anyone else," he said, "The community cannot continue to isolate these people and think the problem will go away." Urennan also urged the neighbors and the staff of the home to develop a better plan to integrate the home into the neighborhood. The case brought into question a controversial 1987 zoning ordinance which permits group homes for the elderly, mentally retarded and psychiatrically disabled to move into residential neighbor hoods. The homes are allowed up to 10 tenants and require full-time supervision. The home on Tahiti Court will be the first in New Mexico for the psychiatrically disabled.

Robert Poulson, attorney for the group of neighbors, claimed the zoning code is vague and allows for potentially harmful tenants to live in the quiet, residential neighborhood. He said there is no "reasonable degree of certainty" about who is allowed to live at the home and how patients will be screened. However, city attorney Bob White argued the neighbors did not prove the tenants would cause "irreparable damage or in- Jury." He said the city is "under Constitutional obligation to provide residential neighborhoods for all of its citizens," and that the ordinance ensures that "no individual against whom an irrational prejudice exists is discriminated from housing." White also explained that the ordinance specifically restricts persons with records of substance abuse or criminal activity from living in residential group homes. Bob Hlady, spokesman for the UNM Hospital and the mental health center, said the home on Tahiti Court will be opened later this week, following "extensive" discussions with neighborhood residents. He said the home would "plan resumption of services to cause the least possible disruption to the neighborhood or our patients." City Councilor Herb Hughes said the court ruling will not affect legislation he and Councilor Kichard Chapman plan to Introduce next month to amend the zoning ordinance.

Hughes and Chapman announced late last week they will seek to change the ordinance to allow only the elderly in residential group homes and to reduce the number of tenants from 10 to six. "My concern is not to eliminate the program or the concept behind it," Hughes said Tuesday. MI hope to come out with some kind of program amenable to everybody." A district judge Tuesday denied a request by 18 Albuquerque residents to block the opening of a group home for mental health patients in their neighborhood. The neighbors had filed suit against the city and the University of New Mexico Mental Health Center, the operator of the home at 2W5 Tahiti Court NE. A temporary restraining order was issued March 3, the day the home was to begin operation, to keep the center from moving 10 psychiatrically disabled patients into the home.

After hearing final testimony Tuesday, )2 JOIU.WL Wnlrolay, March 15, 1980 Private Jail Insurance Coverage. Questioned 7 N7 A V- 'i LI 1 1 r. JK By Johanna King JOURNAL STAFF WRITER The corporation negotiating with Bernalillo County to build and operate a second jail docs not provide enough liability insurance to adequately protect the government, County Attorney Joe Diaz said. Diaz will recommend that the insurance coverage be increased before the county enters into a management agreement with the Tennessee-based Corrections Corporation of America. Officials are negotiating with the firm to build and manage a 425-bed jail intended to ease crowding at the Bernalillo County Detention Center.

The proposed contract promises to indemnify the county and city against any claims resulting from management of the Jail. The contract promises to cover claims resulting from civil rights violations, injury or death to inmates or caused by inmates, violation of labor laws and damage to property, among other things. However, the $5 million insurance policy that would protect the Bernalillo County jail also covers several other jails and detention centers managed by the corporation, including the Santa Fe jatl and the women's prison in Grants, which is under construction. Diaz said the county jail should be covered by a separate liability policy that offers at least S5 million in protection. County taxpayers could end up paying for large settlements if the insurance coverage is not increased, Diaz said.

Commissioner Patnca Cassidy agreed. "It concerns me that we don't have a separate policy for our jail facility," she said. The corporation's insurance policy is held by the Philadelphia-based United National Insurance CCA spokeswoman Peggy Wilson said. She said the coverage is more than adequate. Wilson said the SS million coverage would not be reduced by claims filed against the firm As claims are paid, the fund is replenished by the insurance company.

The insurer could, however, charge the "corporation a higher premium or cancel its policy if a large sum were awarded. "Over the long haul (a large award) might have 'an impact, but that's th cost of doing business," Wilson said. The city county jail is now covered by the state Risk Management Division. A state bw limits to $300,000 the amount an injured person can recover from a government that is found responsible for the injuries. The contract presented to the county would extend (he cup to the corporation.

Diaz said. Taylor Hendrickson. acting director of the Risk Management Division, said a quick check of the corporation's insurance policy found it to be adequate. However, he said the division plans to take a closer look. Hendrickson warned that the government could face higher operating costs if it requires a lot of liability protection.

"Requiring a lot of coverage drives up the cost," he said. The 6-year-old CCA has never filed a claim against its Insurance but has paid several settlements, Wilson said The settlements, including its largest of $100,000, have been paid out of a lawsuit reserve set up by the firm. SYDNEY CHINK JOUHHAL I Maa Virw Santa Fe Fire Chief Peter Duran surveys the Plaza area from 90 feet above San Francisco Street on Tuesday white testing an elevated platform truck. The chief said he wants the city to buy the $450,000 fire truck, manufactured by Grumman Emergency Products, because it's more maneuverabte In narrow streets with tall buildings than the city's current equipment The truck which Duran was test riding was on its way for delivery to the Las Vegas, N.M., Fire Department Police Probing Death DlGEST Motorcyclist City, Comity Aid Disposal Of Household Chemicals Police Seek Two Hank Robbery Sipped Two armed men robbed a local branch of the AUQ Bank Tuesday morning after holding several customers and employees at gunpoint, an FBI spokesman said. No one was injured during the holdup.

The robbers entered the bank at 4201 Wyoming NE through the front door at about 9 35 a m. shouting that a bank robbery was taking place, said FBI spokesman Doug Beldon. Bcldon said one of the men then demanded that every one in the building lie on the floor near the lobby where he held them at gunpoint. The other man jumped over a counter and took an undetermined amount of cash from two teller stations, he said. The two men ran out the front door and fled south on Wyoming in a beige station wagon, Beldon said.

The men were described as Anglos in their mid-JOs. The man who jumped the counter is about 6 feet tall with a thin build, light brown or redish hair and a moustache. He was wearing a brown cap, a denim jacket and denim pants. The second man is described as about feet inches tall, about 200 pounds with brown hair and moustache. JOUHNAL STAFF FK.PORTS Win Content Shoebotham "if" ivjh in the Tuesday noon-hour accident.

His funeral was the following Monday in Santa Fe. The motorcyclist was headed cast on Rodeo Road and had stopped at a red light at an entrance to Villa Linda Mall when the accident occurred, said Officer Leonard Komero. who handled the investigation at the scene Scrna was struck from behind by a 1982 Plymouth driven by Lena dc Baca, S. of the 2400 block of Avcmda del Las Estrcllas, said Romero. Dicrtngcr said Tuesday investigators didn't find "brake marks" on the pavement.

He said Scrna was thrown from his motorcycle onto the hood of the Plymouth, rolled off and was run over by the car. The officer said Scrna. who was not wearing a helmet at the time of the wreck, didn't regain concious-ncss before his death Wednesday. Lena de Baca said she had stopped her car behind Scrna at (he intersection when the light turned green and that both had accelerated before she hit him. "Even when he was lying on the ground, I didn't recognize him," she said.

de Baca said she had only seen once before, on the night of the 19HI fatal accident when Scrna picked up her daughter at her home. Diennger, who said police interviewed several witnesses to the accident, said de Baca was cited for careless driving and lacking proof of insurance. He said investigators believe her car was traveling within the speed limit Probation Possession Two Yoiui Two Albuquerque students are among 104 national winners in the Young Writer's Contest Foundation annual competition. The foundation is a nonprofit organization that conducts a nationwide writ-ing competition for elementary and junior high school students. The winning poems, stories and essays will be published in Imel By John Uasenberg JOURHAL STAFF WWIEH It's spring cleaning time.

You find an old, almost empty bottle of drain cleaner under the sink or a crusty can of paint in the garage. What do you do? Throw them away. Trash is trash, right Wrong. Every year Albuqucr-queans toss 16 million tons of household waste ithout rcalutng it can contaminate local water supplies and endanger refuse workers, according to health officials. This year, the city and Bernalillo County arc teaming up to collect and safely dispose of dangerous garbage.

Residents will be able to drop ofi hazardous waste free of charge on selected days during the next six months. The city will contract to have the waste packaged and shipped out of New Mexico by a licensed hazardous waste firm. It ill then be incinerated, recycled or placed in regulated landfills. Household hazardous wastes include paints, pesticides, solvents, motor oil, silver polish, photographic chemicals and cleaners which contain sodium hydroxide or hydrochloric acid. Hazardous wastes will be collected in their original containers at Rinchcm 61 JJ Edith NE.

Collection dates are April 29 and 30, May 1, July 29 and Oct. 28. The site will High Court Denies Of Santa Fe By Mollis Walker Cf Tm 0TmCN BjPtAJ "SANTA FE On March 7, 191, Mary Ann de Baca was fatally injured when a car driven by her buy friend. Mario Scrna. a truck on 84 25 nonh of Santa Fe Exactly eicht years later, on March 7, 1989.

Mono Serna was fatally injured hen a car driven by Dc Boca's mother ran over him as he sat on his motorcycle while watting for a red light to change at a Rodeo Road intersection, police said. IHitice said Tuesday they are conducting a detailed investigation of last week's wreck, "It could be a coincidence." sold Sgt. Jeff Dicnn-gcr. head of the police department's Traffic Division. "We just have to investigate it thoroughly." Results of the investigation, expected to be complete this week, will be turned over to the District Attorney's Office for review.

Lena dc Baca, the woman who hit the motorcyclist. Mid Tuesday, "I swear on the graes of my daughter and my son that I did not do it on purpose, The police are making me feel tike a criminal." She said she didn't know at the time of the accident that the motorcyclist was the same man who was driving the car in htch her daughter was fatally injured eight years earlier. Scrna. of the 300 bloik of Magdatena Street, died last Wednesday at St. Vincent Hospital of massive head injuries sustained Seaton Given For Cocaine Terry Scaton.

once imprisoned for a murder of which he later was cleared, apparently ill no! have to go back to prison on a drug con vie-. ta State District Judge Susan Conway on Monday imposed a one year MTitence on Seaton for his Jan. 13 guilty pica to cocaine possession, but she then suspended it and ordered him to serve a year's probation. She conditioned suspension of the sentence on his getting a full time job and enrolling in an out patient drug treatment program. Seaton, now 41.

was convicted by a Lea County jury in May of murdering Carlsbad baker William Davis in 1972. Seaton spent 6lj years in prison before he was freed through the efforts of two Santa Fe be open from 9 00 a m. to 6 00 m. except Sunday when it will open from noon to 6 00 m. Motor oil should be taken to a local recycling station, which will accept it at no charge.

The city collected more than 1 18.000 pounds of waste in a similar program in 1985, but it has not had the money to continue the program until now. Gary Lasswell, a hazardous waste specialist in the city Environmental Health Department, said the estimated 60,000 annual cost will be covered by a Scent increase in monthly refuse bills, lie also said the county will contribute an unspecified amount of money to the program lasswell said the city may not collect as much waste as it did four years ago, because small businesses which participated then arc now under regulations concerning (he disposal of their hazardous waste He said he would consider the project successful if 100.000 pounds arc collected, but added, "We'd certainly like to get all of it." lasswell said wastes in the landfill can seep through the soil and contaminate groundwater and wastes poured down a drain or sewer may foul the Rio Grande. The wastes arc potentially dangerous to refuse workers because they may ignite in garbage trucks and may be harmful to touch, he said. Custody Petition Schutte petitioned the court on New house's behalf after stale Dis trict Judge James Blackmcr on Feb. 24 delayed turning over physical custody of the girls to their mother.

The attorneys maintain a 19H8 Court of Appeals opinion gave physical custody to Newhoust. They allege a Blackmcr order is inconsistent with the appeals court order and asked the Supreme Court to order him to comply with the opinion. Blackmcr acknowledged in a February order that Newhouse has sole legal and physical custody but. stressing the best interests of the children, said they will rcn.ain with Chavez until the May heating. April in the 1989 "Rainbow Collection: Stories and Ioctry by Young People." The Albuquerque inners were Karen Shocbotham, a third grader at Arroyo del Oso Elementary School, and Chandra Imcl, an eighth grader at Taylor Middle School.

Karen's story was titled "Halloween Owl," and Chandra's was titled "I am a Possibility." The Young Writer's Contest Foundation was created in 1984 by authors Kathte Jangcr and Joan Korcnblit to encourage students to write. Skeleton of Miin Woman Identified A human skeleton discovered near Sandia Crest late last year has been identified as Holly Harris, an Albuquerque woman missing for more than 12 years, a Bernalillo County Sheriffs spokeswoman said Tuesday. Harris was 22 when she disappeared in September 1976, said spokeswoman Ronni Crago. The partially clothed skeleton was found Dec. 4 by bow hunters near the picnic grounds off NM S.16.

Authorities originally thought the bones might be the remains of Dcbra Lee Lansdcll, a Belen nurse ho disappeared in 1985. A check of dental records showed its was not Landsdcll. Sheriffs detectives identified the partially-buried bones through the clothing and some keys also found at the scene, Crago said. A cause of death has not been determined, Crago said, but the death is not being treated as a homicide. It appeared the woman had been dead since shortly after her disappearance, Crago said.

attorneys. A judge in 1980 dismissed the charges. A year ago Scaton was indicted in Albuquerque on one count each of possessing cocaine and possessing drug paraphernalia in June 1987. The paraphernalia count was dropped as part of his plea agreement Attorneys told Conway Monday that Scaton has stopped using drugs, manages property his mother owns in California, where he now lives, and has applied for full time job ith a city government. Seaton faced a standard sentence of 18 months, but defense attorney Robert Rothstein pointed out to Conway Monday that he had not gotten into trouble for a long time.

Under the sentence Seaton could go to prison only if he violates probation conditions. i The state Supreme Court has denied the petition of a Lm Alamos woman for an order giving her physical custody of her two daugh ters Cynthia Trafton of Albuquerque, attorney for Marilyn Newhouse, said the denial means the children. Letitia, 14, and Michelle, 12, will remain in Los Lunas with their father until a May 2 3 hearing The high court's denial last week was the latest development in a 7-ycar old child custody battle between Newhouse and her former husband, Don Chavez of Los Lunas. founder and former president of Dads Against Discrimination. Trafton and co-counsel Don I.