The Los Angeles Times from Los Angeles, California • Page 298

B8 FRIDAY, OCTOBER 26, 1990 SD LOS ANGELES TIMES Quick Fix for Tanks OKd TRIAL: Broderick Loved Money, Friend Testifies Louetto firm, earlier had blamed the fuel tank problems on the tank manufacturer and on a subcontractor's improper installation of the fuel tanks. Fifer told NCTD directors Thursday that the district has only a twoday supply of fuel stored for its 300 buses because of the failure of the underground tank facility. North County Transit District directors gave Executive Manager Richard Fifer authority Thursday to contract for immediate repairs to what they labeled "a very danger ous situation" at the district's Oceahside maintenance yard. Fifer was authorized to find a firm to make immediate repairs on some underground fuel tanks with' out going through normal bidding procedures because, Fifer said, the tanks "were improperly installed and they recently broke loose from their moorings. They are in a dangerous condition, floating in ground water, in a party open pit." Louetto Construction had contracted to complete the fuel tank installation and the rest of a renovation of the district's maintenance yard in 11 months.

Transit district officials voted Oct. 11 to rescind the Louetto contract and order the firm off the site 20 months after the work was begun. Don Mason, Louetto project manager, said transit officials are "trying to create a smoke screen" to cover up their "responsibility for all the delays in the project." Mason said most of the delays in the maintenance yard contract were due to contaminated soil and to a number of design changes ordered by district officials without compensating time extensions. Lou Pauletto, owner of the Mission Valley Roads Closed by Construction Construction on a Mission Valley freeway interchange will necessi tate the closure of two adjacent surface streets today, Caltrans said. The closure includes Hotel Circle North from Fashion Valley Road to where it crosses beneath Interstate 8 and Camino de la Reina from Avenida del Rio to the undercross-ing.

The closure, which will be in effect until 5 p.m., will allow construction workers to remove bridge falsework. Additionally, the left-hand lane of eastbound Interstate 8 will be closed from Hotel Circle to half a mile east of the California 163 interchange from 7 a.m. to 3 p.m. weekdays through next Friday to allow for the construction of a concrete center divider. AtMdtud Pre photM IMtn Pickard: "She was real close to money.

She loved money. She worshiped It. She was a very materialistic woman. When things would go wrong, she would spend." Broderick, Pickard said. "I did not get the impression it was a traumatic experience." During her testimony Thursday, Lee Broderick added a mysterious note.

She testified that it had been suggested to her that she, too, could be facing criminal charges in connection with her father's death "because of when I signed the insurance papers and when my dad Continued from Bl Monday. Betty Broderick will testify in her own defense, according to her defense lawyer. During and after a bitter divorce, which started when the couple separated in 1985 and took four years, Betty Broderick accused her husband of using his legal inflU' ence to cheat her out of her fair share of his sevenfigure annual income. The divorce concluded in Janu ary, 1989, with a court ordering Daniel Broderick to pay Betty Broderick $16,000 a month or $193,200 a year. But Betty Broder ick said that was "not enough money for her to live the way she wanted to," Pickard testified Thursday.

Patti Monahan, another longtime friend of Betty Broderick who testified Thursday, said her own divorce proceedings had ended with her being granted an award of $2,700 a month, or $32,400 annual-ly. Betty Broderick said "most of us were rather naive and had settled for far less than we should have," Monahan said. During the divorce proceedings, Pickard said, Betty Broderick was obsessed with getting her share of Daniel Broderick's assets. Her priority was getting money, then worrying about who would have custody of the couple's four children, Pickard said. "She was real close to money," Pickard said.

"She loved money. She worshiped it. She was a very materialistic woman. She always was." "When things would go wrong, she would spend," Pickard said, calling Broderick an "alcoholic spender." The "closet wasn't big enough" for all of Broderick's clothes, Pickard said, saying that, even during the divorce proceedings, she would see expensive outfits in Broderick's closet "with tags that hadn't even been cut off." Monahan said that, after separating from Daniel Broderick, Betty Broderick bought a $40,000 fur coat. Broderick used to order catalogues just so she "could call back East early in the morning" and begin shopping, Pickard said.

Two days before the killings, Broderick was "agitated" and "really, really angry" because she thought she would have to sell her house, Pickard said. In addition, Daniel Broderick had sent her the last in a long line of letters, threatening further legal action, Pickard said. The next day, Betty Broderick told Pickard: "Linda is leading my life." On Nov. 5, before dawn, Betty Broderick shot and killed her ex-husband and new wife in their Marstoh Mills home, according to testimony earlier this week. At 7:20 a.m., shortly after the shootings, Betty Broderick called her daughter, Lee, from a pay phone in Clairemont.

Betty Broderick was "pretty hysterical," said she had fired all five bullets in her revolver and had in tended to kill herself but "there weren't any bullets in her gun," Lee Broderick testified. After the call, Betty Broderick came over to her daughter's Pacific Beach apartment, "She said she couldn't go on like this anymore," Lee Broderick said. "Her voice was trembling, she was talking very fast, walking around the room, and she wouldn't sit still," Lee Broderick said, After a sip of tea, Betty Broderick "got sick in the bathroom and kept getting sick. I gave her a hug." Lee Broderick said she was "surprised" that her mother, who had threatened to kill her father for years, actually had carried out the killings, though they had been violent with each other, In February, 1986, after being provoked by the court-ordered sale of her house, which Daniel Broderick engineered, Betty Broderick slammed her car into the front door of his house. He came outside and she hit him on the head with a brass key ring before he decked her with a punch to the chest, said Lee Broderick, who had tried to separate her parents in the fight.

Last Nov. 5, however, Monahan said, Betty Broderick really "flipped out." After throwing up at her daughter's house, Betty Broderick made a series of phone calls, one to Monahan, Lee Broderick said. Monahan said she no longer remembers the graphic details of the call. But Monahan's boyfriend, Jerry Thatcher, also testified Thursday, saying that Monahan told him about the call as soon as she hung up and he remembered it "very clearly" because it was sp graphic. According to Thatcher, Betty told Monahan, "I shot the expletive," referring to Daniel Broderick.

"I shot five times. He was gurgling in his own blood. It's true, died. I was told by my lawyer that tney were going to try to make it look like I had something to do Our Exclusive with it." Lee Broderick left the courtroom shortly after she testified and did Velour Robe Lm Broderick: "She said she couldn't go on like this anymore. Her voice was trembling, she was talking very fast, walking around the room, and she wouldn't sit still." you do lose bowel control in your own pants," Defense lawyer Jack Earley objected to the testimony, contending it should not have been presented to the jury because it was legal hearsay the repetition in court of what a person heard someone else say out of court, Hearsay statements are not allowable in court.

However, San Diego Superior Court Judge Thomas Whelan allowed Thatcher to repeat the statement after ruling that it fell within an exception to the complicated hearsay rules. The exception allows statements made spontaneously by people under stress because they have no time to think up a lie, Whelan said. One of Betty Broderick's calls on the morning of Nov. 5 was to a lawyer, Lee Broderick said. Later that day, Betty Broderick turned herself in to police, her daughter said.

On Nov. 26, Betty Broderick called from jail, Pickard said. "I was taken aback by it," Pickard said. "She said she'd never been happier. She was real exuberant." On Dec.

26, Betty Broderick called again, Pickard said. She said Linda Kolkena Broderick had been "destroying my life, destroying my family, destroying my children, destroying my social life." "I said, 'So you destroyed Pickard said. "She said, In that call, Betty Broderick also said that "her children would be better off with their father destroyed," Pickard testified. And being in jail "didn't seem to have a major effect" on Betty not elaborate. Deputy Dist.

Atty. Kerry Wells, the prosecutor in the case, said she knew nothing about the comment. Earlier this week. Kim Broder ick, Lee Broderick's sister, testified that their father purchased a $2- million insurance policy a month Deiore tne killings, if he died. $1 million was to go to his new wife and $250,000 to each of the four 99.00 Orlg.

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Robes Broderick children Kim, Lee, Danny, 14, and Khett, 11. Donald P. Woods a Los Angeles lawyer who said he was representing Lee Broderick "in a matter involving insurance," said he was "really caught off-guard by me statement. But he said he could not comment on it because any conversa tion he had with Lee Broderick had to remain secret because of the confidentiality rules that protect discussions lawyers have with their clients. TIERRASANTA: Final Sweep brush to allow magnetic detectors to be brought into the area for a' "subsurface" sweep.

During this process, the detectors will uncover ordnance buried as deep as 3 feet. Studies found that 95 of the materials discovered in the area were within 6 inches of the surface, Nore said. The other 5 was found within the top 3 feet. "So we are reasoning that, if we go to 3 feet, we are going to have a very clean site, said Nore, 1970s. It sits in an area that had served as an artillery range for the 43-square-mile Marine 'Corps Camp Eliott during World War II.

The land was later transferred to the Navy and to developers. Two years ago, the city of San Diego and developers agreed to pay $6.3 million to the families of the boys. Signs warning of possible live ordnance have been posted. First, the Corps of Engineers conducted a $600,000 feasibility study of the area in 1987. It prepared a contract and solicited bids a process that cost another $300,000, Nore said.

Finally, last month, ECC was awarded the contract for scouring Tierrasanta. In a press conference Tuesday, officials expect to unveil details of the cleanup. The actual work will begin in November, when teams of workers will sweep the entire area on foot. The workers will "cover every square inch of surface" to find any ordnance, Nore said. Next, the teams will clear the Although the Corps of Engineers routinely cleans artillery ranges, this will be the first time that know that they can get all that stuff." In the years since the boys' deaths, the Navy has orchestrated several sweeps of the area.

In 1984, 178 pieces of ordnance were found; in 1985, 215 were uncovered, said Jeanne Light, a spokeswoman for Southwest Division Naval Facilities Engineering Command. In those two sweeps, which involved masses of enlisted men walking through the canyons and cost $76,000, 100 rounds of ammunition, most of it live, were found. Last year, during another sweep from June 12 to Aug. 1, 41 items were found four were deemed unexploded "high explosives," Light said. That sweep, in which 383 acres of roads, paths and trails were electronically monitored, cost the Navy $95,000, she said.

Tierrasanta, a community of condominiums and single-family homes, was constructed in the Continued from Bl spokeswoman for the Army Engineers. Even after the final phase, the land will not be completely risk-free, experts caution. "I don't think we could ever say any area that had ordnance in it could be completely, 100 safe," Nore said. "But we can make it safe to the best of our knowledge and abilities." As the land erodes, explosives buried long ago gradually creep to the surface. In fact, ordnance is found monthly though most is not live, Madaffer said.

Nore and others believe that much of what remains in the soil will be uncovered in this final cleanup. But Don DeSisto, an attorney who sued the city and developers on behalf of the Peake family, said: "If I were living in the area, I'd be really concerned about my kids playing in open spaces. I don't experts have worked on a range that is being used for housing, he said. "Other times, the aim was to clear up a mess not saving lives. Living in Velour Make your casual hours feel almost too good to be true.

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