Star Tribune from Minneapolis, Minnesota • Page 37

MetroState news Minneapolis Star and Tribune Thursday, July 18, 1985 Metro news Jury has verdict in nightclub killings Decision to be read today when court resumes Hearing begins in tribe's attempt final "game of intimidation." Sutherlin Is also being tried for the shooting of Vincent Jones, 23, of Minneapolis, a member of the band playing at Sylvia's who was struck by a stray bullet The defense attorney said his Jones's death was an unfortunate accident "The game of intimidation Mr. Miller had played for so long finally caught up with him and he died," GUI said. Given Sutherlin's history of altercations with Miller, Gill said, his client should be found not guilty because he behaved reasonably to Miller's threatening gestures. Witnesses did not support Sutherlin's testimony that Miller made a threatening gesture before being shot. Robinson said that Sutherlin was carrying a grudge and that Sutherlin was angry because Miller had embarrassed Sutherlin by punching him in front of his girlfriend, Tia Vonray McBroom.

Sutherlin told McBroom, whose birthday was being celebrated at the nightclub, to get his gun for Robinson said, as he highlighted testimony from a key witness. He said it was a "macho" act on Sutherlin's part and that McBroom left and came back with the gun. "The defendant determined that he was going to get his macho justice," Robinson said. McBroom, 23, 53 Hoyt Av. St Paul, is also scheduled to be tried in theslayings.

Sutherlin and witnesses called by the defense testified that since May 1984 Miller bad cut Sutherlin, sought him out with a gun and threatened to kill him. Before the nightclub shooting occurred, according to Gill, Sutherlin had been "sucker punched" by Miller, who Gill said was no "innocent" type. At some point Gill said, his intimidated client heard someone yell "watch if Gill said. Because of past incidents and the fact that Sutherlin's real world is the street Gill said, his client did not look to see if Miller had a gun before taking aim. A witness testified that Sutherlin said "he fired three times but meant to shoot once," recalled Gill.

But assistant Ramsey County Attorney Clayton Robinson Jr. said that that didn't explain the two shots in Miller's back. By Cheryl Johnson Staff Writer A jury decided the case late Wednesday against a 23-year-old St Paul man accused of killing two people at a crowded nightclub, but the verdict won't be read until this morning because the judge hearing the case was unavailable. The verdict reached after less than one hour of deliberation, was sealed and the jurors were taken to a hotel for the night when Ramsey District Judge Gordon Shumaker could not be located. Defense lawyer David Gill said David Brian Sutherlln, 1185 Portland acted in self-defense April 15 when be shot at Perry Miller, 24, of St Paul, at Sylvia's on Cedar, 369 Cedar St, St Paul.

Gill told jurors that Miller had played and lost a to oust Little Six VS. District Court Judge Diana Murphy heard arguments Wednesday in two related cases involving the Shakopee Sioux tribe's attempt to get rid of the management company that runs the tribe's multi-million dollar bingo hall. The tribe maintains that Its contract with Little Six Enterprises, a Florida-based company, is invalid because it was not approved by the Bureau of Indian Affairs (BIA). The company, which receives 45 percent of the business' profits, contends that approval by the BIA was not required in 1982 when the agreement was signed. The BIA later reviewed the contract after setting up guidelines in Marathon training A training program for up to 100 beginning marathon runners has been announced by the Twin Cities Marathon.

Jack Moran, race director, said it Is patterned after a training program begun in 1979 for the American Lung Association of Hennepin County by Bill Wenmark, president of the association's running club and a member of the association board. 1985 May and June Summer weather pulls switch on state; farmers feel effect Around Minnesota EtKSE Mil Cloquet man accused of bilking woman gets 3-year prison term By Gregor W. Plnney Staff Writer Minnesota's weather this summer has turned tradition upside down, and the southeastern corner of the state is getting the worst of it The southeast section is suffering the driest growing season in 75 years, according to data compiled by state cllmatologlst Earl Kuehnast, Four inches of rain or less fell generally in that area in May and June, the least since 1910, he said. "Ordinarily, it's the wettest part of the state in the spring and summer," he said. "We just got missed (this Meanwhile, parts of northern Minnesota are sloshing in unusually wet conditions.

Lake levels are up in a number of places, said Kuehnast The north generally lags behind the statewide norm of 8 inches of rain for the early growing period. The weekly crop and weather report from the Minnesota Agricultural Statistics Service showed topsoil "very short" of moisture in the southeastern section and generally short across most of the southern half of the state. That territory covers the bulk of the state's crop farming. But the effect on crops is not so simple as the topsoll-and-rainfall maps suggest. Indeed, the statewide corn crop is taller than usual, and soybeans are right on the average.

Even in the south SourceEarl Kuehnast, state climatologist Duluth, Minn. A Cloquet man who bilked an 89-year-old woman out of at least $31,000 has been sentenced to more than three years In prison, a year more than the maximum sentence recommended In state guidelines. "This is a woman who placed a great deal of trust in you. What was her reward? A total betrayal of trust," District Court Judge Jack Litman told Conrad Ellis Ostran-der, 50, in sentencing him Tuesday. Ostrander pleaded guilty in June to persuading Ethel Brand of Duluth to pay him for home repairs he never did.

He told police "it just got easier and easier" to ask the wom Boating accident Clear Lake, Minn. A teen-ager from St Cloud, was killed and another was seriously injured Tuesday when their boat apparently ran into a boat lift on a dock on Pickerel Lake in Sherburne County, authorities said. Shelley Leisen, 18, died of injuries a few hours after the accident bingo managers 1984 for tribal agreements with bingo management firms. That review ultimately led to the head of the BIA declaring the contract invalid, partially because the contract is for 15 years without any reduction In the management Arm's percentage of profits. The bureau questions whether such a high level of profits Is justifiable once the start-up expenses have been paid.

The BIA's decision was appealed by the company and Judge Murphy is to rule on that appeal in addition to the tribe's suit challenging the contract The judge did not indicate when she will rule on the cases. program open Nearly 300 runners have taken part In the program and 95 percent finished their first marathon. Wenmark will lead the Twin Cities training program. It will be held from 6 to 7 p.m. Mondays beginning July 29.

The race is Oct 6. Registration fee is $30. For more information, call Dona Schneider at 871-7332. an for money. Litman said he added time to Os-trander's sentence because the woman was especially vulnerable and because so much money was involved.

Litman also ordered Ostrander to repay $31,000 of the $33,000 Brand had given him. Brand told Litman that Ostrander shouldn't have to repay all the money because he did do some of the work. Brand employed Ostrander as a handyman to do occasional work on her eastern Duluth bungalow since the late 1970s. A friend eventually realized the work wasn't being done and called police. kills girl, 18 which happened about 8:15 p.m., the sheriffs office said.

Beth Fischer, 17, also of St Cloud, was In critical condition at St Cloud Hospital, officers said. Two other people in the boat were treated at a hospital and released. But Winona County Attorney Julius Gernes said the $1,500 and ring are important evidence and should remain in police custody. He said the $686 would be turned over to the bank. Donald W.

Howard was convicted of first-degree murder in the death of Shirleen Howard in August 1977. He was accused of hiring Bruce Webber to kill his wife. Webber also was convicted of first-degree murder. Both men are serving life sentences. Gernes said the $1,500 and ring were used to convict Howard originally and may be needed again if either Howard or Webber are granted retrials.

possession of and intent to sell marijuana. Renville County attorney Tom Simmons said 2 pounds of marijuana was involved. Goeddertz said he expects to file charges today against five other Willmar residents arrested Monday and Tuesday for possession of drugs. Two of them were arrested following a search of a Willmar apartment Tuesday where marijuana valued at about $5,000 and cocaine valued at about $5,500 were seized. Authorities also said they arrested a man for possession of cocaine Tuesday and a couple for possession of marijuana Monday, authorities said.

Press reports. precipitation 12 inches or more 8-12 inches 6-8 inches 0 4-6 inches E3 3-4 inches 3 inches or less Exceptionally dry won't have much of a crop left" Rain fell Tuesday night and Wednesday morning on a large chunk of the state with significant readings reported from the Twin Cities fo Be-midji. But the southern belt got little or no benefit. Aside from a good subsoil reserve, salvation has been in the form of moderate temperatures, said climatologist Kuehnast. "That's been one of the things that's saved us.

We haven't had many 90-degree-plus days." A Robert Mattson comment. On June 13, Ramsey County District Judge Hyam Segell dismissed the criminal charges Involving the unborn child, saying a fetus cannot be a homicide victim under existing Minnesota law. That decision has been appealed. Soto still faces criminal negligence charges relating to John-' son's injuries. The new civil suit involving the fetal death refers to the unborn boy as "Michael," the name his parents gave him.

The Johnsons are asking damages of more than $50,000. A second civil suit asks reimbursement for Johnson's medical expenses, loss of earning capacity, pain and suffering in amounts of more than $50,000 each for her and her husband. j4 I "If we get rain in the near future, we'll come out of It with a fair yield. But the real critical time is now. If we don't get rain in the next two or three weeks, we'll see much greater damage maybe down to one-half yield or less." Soybeans generally are more resilient but they, too, have their limits.

"Up to about a week ago, they were doing fairly well," said Steve Hafner who has about 330 acres in soybeans In Fillmore County. "But now they're almost dormant. If we get rain in the next three or four days or a week, we'd still get a fairly good crop. But if it goes much more than that, we get. The treasurer, who has moved out of the Capitol complex to less-expensive quarters in a privately owned duplex, said he doesn't have enough money in his budget to pay for outside legal fees, and contends the attorney general is required by law to represent him.

Perpich also would not comment during an interview on a suggestion that the Executive Council, which is made up of all six constitutional officers, become involved in the dispute. Perpich said Tom Triplett, a chief aide, is looking into those requests. Triplett could not be reached for Perpich hasn't decided whether he'll intervene in Mattson dispute east where some crop damage has occurred, disaster apparently has not set in yet Corn generally doesn't look too bad, say observers, although curling leaves can be seen in the afternoon sun. The reason is an up-to-the-brim reserve, which was left over from last year's wet autumn and which has been nursing the crops this year. But the lack of rain is drawing down the reserve.

Dick Anderson, superintendent of the Southern Experiment Station at Waseca, said the top 60 inches of soil in his area typically had about 11 inches of water at the beginning of the season but has gone, down to 6.4 inches since then. And only one inch of that 6.4 is in the upper 24 inches of ground, he said, meaning roots have to reach deep for moisture. This is the wrong time for overexertion, he said. "We're right in the middle of (corn) pollination in some fields, and others are rapidly approaching it When a plant is under stress, pollination is seriously impaired." Pollination occurs when pollen falls from the tassels onto the silks, causing fertilization that leads to formation of kernels on the cobs. Poor pollination means poor kernels.

Matt Metz, district program leader of county extension agents in southeastern Minnesota, estimated corn damage so far at 20 percent. He has supported merging the treasurer's office with other constitutional offices through ratification of a constitutional amendment said Perpich. Perpich said he wasn't ready to comment on a request from Mattson, a DFLer, that the DFL governor intervene on Mattson's behalf with DFL Attorney General Hubert Humphrey III, who has said he will not represent the treasurer in a suit challenging the 1985 budget-cutting law. Humphrey said his office is required to represent the state in the matter, and he would appoint a special counsel to represent Mattson, who would have to be paid from Mattson's bud Minneapolis police sketch of stabbing suspect. Sgt Robert Nelson, a homicide detective working on the case.

Police ask anyone with information concerning the suspect to call the Minneapolis police homicide division at 348-2941. tft Estate seeks return of valuables In a rare legal action, officials trying to settle the estate of Shirleen Howard have asked Winona authorities to return money and a ring used to convict her husband for paying to have her killed. The estate cannot be settled until the $1,500 and a diamond ring are declared part of the estate and released by police, according to Kenneth Seebold, spokesman for the Winona National and Savings Bank. The bank, which is acting as personal representative of the estate, has filed a claim in Winona County District Court seeking release of the items. It also has asked that $686 found in the Howard home be released.

Lawsuit accuses man of causing fetus' death 8 arrested in Willmar drug case Associated Press Gov. Rudy Perpich said Wednesday that he doesn't like what the 1985 Legislature did to state Treasurer Robert Mattson, but he hasn't decided whether he'll get involved in the dispute. Perpich said he didn't support provisions in a bill he signed into law that drastically cut Mattson's budget and transferred staff and duties out of the treasurer's office. While he could have vetoed the provision, Perpich said, "I don't think I should impose my will" on the Legislature. Police release drawing of suspect in knife death Minneapolis police released an artist's drawing Wednesday of a possible suspect in the July 11 stabbing death of Vittini Doreen Slaughter in her North Side apartment Slaughter, 27, was assaulted and stabbed many times with an 8-inch steak knife taken from her kitchen, police said.

The attack took place about 5 a.m. as her two sons, ages 3 and 7, slept A TV set taken from her apartment at 1712 Fremont Av. was found shortly afterward in an alley nearby. A witness who saw the suspect enter Slaughter's building shortly before the attack said the man acted suspiciously, had mussed hair, and apparently did not live there. A $2,000 reward from Crime Stoppers has produced no good leads, police said.

"He's probably a loner, he doesn't seem to be talking to anyone," said Seven Willmar residents and a Texas man have been arrested on drug charges in Kandiyohi and Renville counties, and Willmar Police Chief Lyle Goeddertz said there might be more arrests. Goeddertz said the arrests are a result of a three-month investigation by the state Bureau of Criminal Apprehension (BCA), the Kandiyohi and Renville county sheriffs departments and the Willmar and Renville police departments. He said it appears that those arrested have known each other for some time. Patricia Lynn Crandall, 28, and Cristln Rodriguez, 28, of Willmar and Rodolfo Calderon 27, of Mission, Texas, were arrested last Friday and charged Monday with Compiled from staff and Associated Associated Press A West St Paul couple has filed a wrongful-death action against a man whose car collided with one driven by the woman, whose fetus was born dead less than 24 hours later. Chris and Jannet Johnson filed the civil lawsuit against John Soto, 29, of St Paul.

Johnson was 8(4 months pregnant Nov. 8, when the collision occurred in St. Paul. She suffered a fractured pelvis, and gave stillbirth by Caesar-ean section to a boy. The boy died of head injuries.

Civil lawsuits involving fetal death are very rare because the circumstances that give rise to them occur infrequently, said Michael Fetsch of St Paul, the Johnsons' attorney. Earlier this year, a Ramsey County grand jury indicted Soto for negligently operating his vehicle and driving under the influence of alcohol in the death of the fetus and injuries to Johnson. State News Minneapolis (6 1 2) 372-4542 Bureaus Rochester 708 Marquette Bank Building Duluth 817 Medical Arts Building (218)721-7344.