The News Journal from Wilmington, Delaware • Page 9

r.ic The News Journal, Wilmington, Del. Saturday, Oct. 20, 2001 Section jWww.delawareonline.com FOCUS: The Delaware Lions i Club Foundation's fellowship program reaches a milestone B3 Police report Obituaries D3 D4 News tips for Local: 324-2774 or njnewsnewsjournal.com CityState editor Jean Buchanan, 324-2882 i ifr I l(gg mi pi lis mm IdDi IH1W Penalty phase of trial starts Tuesday Defense attorney Jerome M. Capone also would not comment on the verdict. He represents Reyes along with attorney Thomas A.

Pedersen. Looking for something to do this weekend? Here are highlights of events from across the state. One of Reyes' fellow prisoners testified in the trial he overheard Reyes telling another inmate at Gander Hill prison that the violence started when someone was shorted, either drugs or cash, in a marijuana sale. Defense attorneys ar: gued much of the evidence pointed to Cabrera, and Reyes should not be convicted simply because he had a close relationship with Cabrera. They also questioned the truthfulness of the inmate's testimony.

Reach Mary Allen at 324-2794 or mallendelawareonllnB.com. jury recommended by an 11-1 vote that Cabrera be executed. Herlihy has not yet sentenced Cabrera. Cabrera already is serving life in prison for Otero's murder. Relatives of the two victims have been in court regularly since Reyes' trial began Oct.

2. They exchanged hugs and tears outside the courtroom Friday, but did not want to discuss the case. State Prosecutor Steven P. Wood also would not discuss the verdict. He has prosecuted Reyes and Cabrera along with Chief Deputy Attorney General Ferris W.

Wharton. Prosecutors said Cabrera and Reyes beat Rowe in the basement of a Wilmington house before picking up Saunders, shoot law requires him to give the jury's recommendation great weight. The penalty phase will give the panel an opportunity to learn about the victims' backgrounds and more about Reyes, including his criminal history. Reyes is serving a 12-year sentence for second-degree murder in the 1995 suffocation of 67-year-old Fun-dador Otero. A separate jury convicted Luis Cabrera 31, in February of murdering Rowe and Saunders.

That emotion as he listened to the verdicts Friday afternoon. Reyes was convicted on two counts each of first-degree murder, first-degree conspiracy and possessing a firearm during a felony. The jury will reconvene Tuesday morning to begin hearing the penalty phase of the case. Jurors eventually will be asked to recommend a sentence of life in prison or death for Reyes. Judge Jerome 0.

Herlihy has final say over the sentence, although Delaware By MARY ALLEN Staff reporter A Superior Court jury convicted a Wilmington man Friday of killing two city teen-agers whose bodies were found in Rockford Park. Luis Reyes, 24, could be sentenced to death for killing Brandon Saunders, 18, and Vaughn Rowe, 19, in January 1996. The jury of nine men and three women deliberated about nine hours over two days. Reyes showed no Li Ii Hi' Luis Reyes Downtown with the Arts Festival. Arts and crafts, music, and more from noon to 6 p.m.

today. Rain date is ing both men and dumping their bodies under a sheet in Rockford Park. A dog walker discovered them Jan. 21, 1996. Sunday.

Events on the Academy Lawn Fair, Academy Uncovering the pages of history Rankings may doom a school Some fear system will increase defections Tybouts Corner site was home toEllaTybout, a noted writer i 7.11 h' Building, Main Street and Fine Art 1 Craft I Marketplace, The 1 Art House, 132 E. Delaware Newark. Free. Call i 266-7266 or i www.newarkartsalli 1 ance.org. Odessa I Heritage Day.

5Krunand1K family walk, living history events, walking tours, storytelling, music, kid's activities. 9 a.m.-4 p.m. today. 5 Various sites in Odessa. Maps available at Old Academy Building.

Admission is $2, $1 children. 378-8838. 1 The News Journal JENNIFER CORBETT Lisa Rossi stands In the dining room of her Tybouts Corner home, once known as the Stone Mansion, which will be recognized today as a Delaware historical site. Tybouts Corner home to get historical marker. It By SEAN O'SULLIVAN Staff reporter Lisa Rossi's curiosity about her family's Tybouts Corner home uncovered a piece of Delaware history.

In 1996, shortly after her family moved into an old stone house on Hamburg Road, Rossi began looking into the building's past. What she found will be documented today with a bronze historical marker on the Rossis' front lawn. The house, once known as the Stone Mansion, was built by the Tybout family and was the birthplace of turn-of-the-century author Ella Middle-ton Tybout. The area is named after the Tybout family Ella Tybout made her name between 1901 and 1915 writing romance stories, mysteries and humorous sketches for national magazines such as The Saturday Evening Post. She also published several books at a time when there were few women writers, said C.

Russell Mc-Cabe, administrator of Delaware Historic Markers Program at the Delaware Public Archive. He said Rossi's discovery created "new" history No one realized the historical signifi-eance of the Hamburg Road home and the achievements of Ella Middleton Tybout had been almost entirely forgotten. McCabe said the home dates to 1863 and is a rarity in Delaware because of its age and use of stone. Most homes from that era were wood frame homes, he said. It also represents a time when agriculture was a leading industry in the First State.

State historians already have recognized an adjacent barn, that was once part of the same property, as an important part of Delaware's ar- 'i By STEPHEN SOBEK Staff reporter A poor showing in the state's new school rating system could lead even more parents to defect to charter and private schools, parents said Friday Such a backlash already is under way in the Christina School District, some parents said. Dissatisfaction with the district's schools has led some parents to create the Newark Charter School, which opened this fall with 435 students including 425 former Christina students. "It's just getting worse and worse," said parent Anne McMillan, one of the founders of the school. "We weren't getting what we needed in the middle schools." The state rated all six of Christina's high schools and middle schools as "under review," the lowest performance category in the rankings released Thursday. Out of 166 public schools rated by the state, 50 were labeled under review, 78 commendable and 38 superior.

The marks are part of the state's education reform efforts. In addition to schools, students and teachers also will be held accountable for students' performance on state tests. Schools were judged by how well students scored, whether the scores for all students have been improving and whether students who have not met the standards are doing better. Schools that do not improve will be labeled unsatisfactory. The law does not spell out other consequences for schools that fail to meet the standard, but state education officials hope public pressure will force them to improve.

If that happens, it will likely mean even more parents choosing to attend schools such as Newark Charter or private schools, the Christina parents said. That is what has happened in Christina, parent Laurel Zydney said. "They leave for charter schools, they leave for private schools and they leave for home schooling. The charter schools are full to the brim," she said. The number of students in Delaware charter schools increased See SCHOOLS BS 0 V'' GfcM.i.

A Detail ru J4MILE" The News Journal "'in ii mi The News Journal JENNIFER CORBETT This house was once inhabited by Ella Tybout, a well-known writer in the early 1900s published in several magazines. came curious about the home shortly after the family moved in. She noticed an inscription carved into a stone near the eaves reading "GZTECT 1863." Her research into the deed showed the house had been built by George Z. Tybout and his wife, Elizabeth Cooch Tybout, for their son and daughter-in-law, George and Annie Henry Tybout. George Z.

Tybout is an important figure in Delaware history for his contributions to the state and agriculture, McCabe said. In 1871, Annie gave birth to Ella in the house. At age 16, Ella Tybout had her first story published in Lippincott's Magazine. See HISTORIC B5 chitectural heritage, he said. Deborah Haskell, executive director of the Delaware Heritage Commission, said Rossi's experience should motivate all residents with older homes to look into their past.

"I think these things are all over Delaware," she said. Rossi, 41, who shares the home with her husband, Al, and four children, said she be Hagley Craft is Show.Artisans 4 j. sell their work from 10a.m.-5 p.m. i today and Sunday at Hagley Mu-seum, Del. 141 along the Brandy- wine.

Use entrance off Del. 100 to the Library and Soda House area. 5 and younger free. 658- 2400 or www.ha-gley.org. For more details on what's happen- ing in Delaware, go to www.delaware online.com Child care ii; panel set up byMinner By MIKE CHALMERS A Stall reporter Gov.

Ruth Ann Minner has created a panel to ad- vise the state on how to improve child care and early (y education in Delaware. The Delaware Early Care and Education Coun-' cil will comprise 12 people, including day-care opera-, tors, parents, educators and members of the busi-ness community Minner announced the creation of the panel at the third annual Governor's Awards for Excellence in Early Care and Education I banquet Thursday in Dover. "The needs of Delaware's children their safety, their education, their health is my top priority," Minner said. "Research demonstrates that the quality of early care has a significant im- pact on children's development and their long-term performance in school," Minner said. The council will report annually to the state's In-" teragency Resource Man-agement Committee.

More than 40,000 See CHILD B5 Judge: Death penalty fits case Show time vT hit" Jurden, in issuing her decision, noted Delaware law requires that any person over 16 charged with possession of a deadly weapon during a felony be tried as an adult. She found the record was enough to qualify the murder case for the death penalty. "I think her decision was the correct decision based on the law," Epstein said outside court." Facciolo said defense attorneys would consider options that include asking Jurden to reconsider and taking the argument to the Delaware Supreme Court should Melendez be convicted of murder and sentenced to death. Facciolo said the attorneys also would closely watch a case pending with the U.S. Supreme Court, focused on the legality of executing juveniles.

Reach Mary Allen at 324-2794 or mallendelawareonllne.com. first-degree assault and possession of a deadly weapon during a felony, according to court papers presented at a previous court hearing. He was charged as an adult in Superior Court even though he was 17 when he committed the crimes. He turned 18 before he entered his guilty plea. Prosecutors Marsha J.

Epstein and Greg Johnson argued the past crime of violence on Melendez's record qualified his pending murder case for the death penalty Under Delaware law, a prior conviction on a violent felony can qualify a person charged with murder for the death penalty. Melendez's attorneys, David J.J. Facciolo and Raymond Armstrong, argued it would be unconstitutional to use the criminal conduct of a minor as the foundation for capital punishment in an adult murder case. By MARY ALLEN Staff reporter A Superior Court judge has ruled Anibal Melen-dez's criminal history is enough to qualify the murder case against him for the death penalty, even though his past crimes were committed while he was a minor. Judge Jan R.

Jurden ruled Friday in Wilmington after reviewing written arguments from attorneys, who first debated the new Delaware legal issue in August. Melendez, 23, of Wilmington is charged in the April 28 killing of Andre Mercado, 19, who was shot repeatedly while sitting in his vehicle in the 1600 block of W. Fifth Wilmington. The two had a fight over a vehicle before the night Mercado was fatally shot, police said. Melendez pleaded guilty in October 1996 to felony Special to the News JoumaltlEE MARVIN The Schwartz Center for the Arts In Dover is lighted up for Its opening ceremonies.

After five years and more than $7 million, the former Capitol Theater opened Friday with a performance by country singer Rosanne Cash..