Arizona Daily Star from Tucson, Arizona • Page 24

TUCSON, FRIDAY, DECEMBER 15, 1978 THE ARIZONA DAILY STAR State asked to take over 2 county items to cut tax PAGE FOUR SECTION Md. doctor guilty of gun charge A Baltimore doctor accused in state court of planning a bizarre scheme to kill his ex-wife was found guilty on a related gun charge in federal court yesterday after a one-hour trial. Patrick G. Henry was found guilty by District Judge James A. Walsh of checking a gun onto an airline without giving written notice to airline officials.

Walsh set sen- tencing for Feb. 5. Henry faces a maximum of five years in prison and a $5,000 fine. He is also charged in Superior Court with plotting to murder his ex-wife, Christina, in her sleep while he suppos-- edly attended a Dallas medical conference last December. Henry's attorney, Harold I.

Glaser, asked Walsh be-. fore the non-jury trial stalled to dismiss the federal charge because Henry, first indicted last December, was not tried until yesterday. The December indictment was dropped and refiled in August by the U.S. Attorney's Office. During the trial, Glaser agreed with federal prosecutor Stephen M.

Dichter that Henry had tried to check the gun onto the plane without telling airline officials, but Glaser said Henry did not know the law required him to do so. But ignorance of the law is no excuse, Walsh ruled. Glaser argued that the U.S. Attorney's Office refiled the charges in an effort to short-circuit state extradition proceedings in Maryland and bring Henry here so he could be arrested on the state charge. tax so the county could receive more money from the state for roads.

Dusenberry said that tax has been 8 cents a gallon for at least eight years, and should be increased. But Rep. Larry Bahill responded: "To be absolutely candid, after Proposition 101 was passed, any legislator who votes for gas tax increase would be asking to have his backside run out of office." County Assessor Steve Emerine and Treasurer James L. Kirk asked the legislators to consider taxing owner-occupied homes and rentals at the same rate. Currently, a person who owns a house and lives in it is taxed less than if he rented it out.

The extra tax the owner pays is passed on through rent, Emerine said. He said Pima County would need 10 fewer employees if all residential properties were assessed the same. Silver asked the legislators to consider a change in state laws that permit the city to collect sales tax on purchases by the county. Pima County's tax rate could be reduced by as much as $1.50 per $100 of assessed valuation if the state would remove the teacher retirement fund and Superior Courts from the county budget, supervisors said yesterday. 1 Those items headed a shopping list for the coming legislative session that the supervisors discussed yesterday in their annual meeting with local lawmakers.

They also asked the legislators to consider an increase in the gasoline sales tax. Board Chairman E.S. "Bud" Walker said that if the state would remove the teacher retirement fund from the county's tax bills, it would reduce the tax rate by about 75 cents. Another 75 cents could be removed from the present $4.17 rate if the state picked up the tab for the courts, he said. Walker and other supervisors said the two functions are basically state responsibilities and should be absorbed by the state.

With its broader tax base, the state could raise the money without strongly affecting Pima County homeowners, they said. Off the track Three engines and eight cars of a Tucson-bound Southern Pacific freight train derailed at about noon yesterday eight miles south of Bisbee, but the cars stayed upright. No crew members on the 31-car train were injured. Southern Pacific spokesman Al Bradshaw said that the derailment, the cause of which has not been determined, will not delay traffic, and that the line is expected to be cleared by late this afternoon. (Star photo) Another item the supervisors want the Legislature to consider is giving the County 2 hllft in trdffiC aCCideiltS Tucsonans bid for Tacoma station me auuiuiuy iu iuic a ncaiiug uimci iui zoning matters.

Supervisor Katie Dusenberry said the Planning and Zoning Commission is bogged down with heavy agendas causing delays and added costs to developers, which are eventually passed on to the home buyer. She said the Planning and Zoning Commission sometimes has a 40-item agenda, but is able to hear only four items. The commissioners are volunteers, and are not too anxious to schedule additional hearings, she said. A 16-year-old boy was in serious condition, and a 20-year-old motorcyclist was in stable condition after they were involved in traffic accidents yesterday, according to sheriff's deputies and police. The teen-ager, Tim Nachreiner of 6960 S.

Pacheco suffered a broken back and a fractured pelvis when the pickup truck in which he was riding crossed the center line about 3:15 p.m. and sideswiped a car near Gates Pass, deputies said. He was admitted to University Hospital's intensive-care unit. The driver, Stephen M. Wolfel, 22, of 702 W.

Coventry Road, was not injured, deputies said. He was cited on a charge of failure to control his vehicle on a mountain road, deputies said. In a second accident, motorcyclist Daniel Navarre, of 4425 E. 22nd suffered facial lacerations and bruises after he collided with a car at an unmarked intersec- According to court documents, Henry came here using a false identity and wearing an ill-fitting disguise at the time he supposedly was at the convention. The documents say the plot began to fall through when his ex-wife's dog barked a warning after vomiting poison it had been fed.

Henry then flew back to Dallas under a second false identity, the records say. The plot snagged a second time when airline employees here became suspicious of Henry and searched a briefcase he had tried to check in as luggage rather than carry onto the plane. Inside, records say, the employees found a pistol, burglary tools, false identification and a detailed note outlining the murder plot. Henry was not allowed to check the briefcase onto the plane, but he did fly to Dallas. FBI agents arrested him on the gun charge as he got off the plane there.

Those were the charges dropped and refiled. When Henry came here for arraignment in federal court, he was arrested by a Pima County attorney's investigator on the attempted murder charge. The arrest put an end to what county prosecutors had feared would be a year-long extradition battle. Frank Tuoti, an executive with KZAZ and the newly formed ITO, said the Seattle-Tacoma area "is the most over-served market with educational stations." He said there are now three educational stations there. Also, he said, the market conditions which forced the old operators into the red have since improved dramatically.

"Revenue for non-network stations in that market has doubled in the last four years," Tuoti said. "And Seattle-Tacoma is now the 18th largest television market in the country." According to officials of the school district, Adelstein and Berger would pay $3 million upon approval of the sale by the FCC. The remaining $3 million would be paid over a 10-year period with 3 percent interest per year. It is expected that Adelstein and Berger would open the station's ownership to a group of investors, similar to their plans in Albuquerque. Supervisor David Yetman said he opposes the hearing officer concept because it would require hiring more people.

Rose Silver, the board's legal adviser, said legislation should specify a hearing office that could be staffed by three or four deputies. But Yetman said the answer is to appoint better people to the commission. The two major partners in Tucson's KZAZ, Channel 11, have offered to pay $6 million for a television station in Tacoma, Wash. The offer from Gene Adelstein, general manager of KZAZ, and Ed Berger, a Tucson attorney, was made public Monday night at a meeting of the Clover Park School District, which currently owns and operates the Tacoma station, KCPQ, Channel 13. The offer of sale was made known to give residents there a week to comment.

Adelstein could not be reached for comment yesterday because he was in Albuquerque meeting with investors who, along with Berger and himself, are seeking to start a new independent television station there. Adelstein recently formed an organization called Independent Television Operations (ITO) for the purpose of expanding operations beyond KZAZ. Currently, KCPQ, which also serves Seattle, carries non-commercial educational programming. If the sale is approved, the station will become the Seattle-Tacoma area's second independent commercial station. Until three years ago, the station, then known as KTVW, was a commercial outlet.

It fell into financial straits, however, and was sold to the school district for $378,000. The school district says it is losing approximately $500,000 a year on the station and a UHF outlet which carries the same programming. Officials at the Federal Communications Commission said it is possible for the station to once again become a commercial operation because Channel 13 in that area is not reserved for non-commercial operations. The board also asked the legislators to tion, police said. He was in stable condition consider an increase in the gasoline sales at Tucson Medical Center.

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