Green Bay Press-Gazette from Green Bay, Wisconsin • Page 9

Coming Tomorrow Assistant Secretary of Interior Ada Deer talks about proposed Indian gaming tax In NEWS 9" Green Bay Press-Gazette Comments? Call Executive Metro Editor Barbara Uebelacker, 431-8341 Thursday, September 28. 1995. oairG Difl)w to ftk mil 1o i i IN, Visit meant to help jury understand layout "3l -111 Press-Gazette Day 3 of the Tom Monfils homicide trial looked like a field trip this morning as judge, jurors, lawyers and defendants donned casual clothing and headed off to the James River paper mill. They entered the mill at 9:45 a.m. and hadn't come out by about 11:15 a.m.

Jurors showed up at the mill in a bus. The four defendants who remain in jail arrived in a series of marked and unmarked police cars. or equipment being viewed. Bayorgeon wore his black robe as he addressed the ground rules, but before getting on the bus, he dressed in a sport shirt and slacks. Most of the lawyers, defendants and jurors followed his lead, with blue jeans and polo shirts or colored dress shirts and casual slacks generally replacing suits and ties as the uniform of the day.

Only one defendant, Dale Basten, stuck with the sport jacket and dress pants he'd worn Wednesday. One reporter was allowed to enter the mill as well. The tour of the mill was meant to help jurors understand testimony about the layout of the mill, where Monfils was killed on Nov. 21, 1992. They were to see the two paper machines and control booths where angry co-workers reportedly confronted Monfils about his having told police one of them planned to steal a mill extension cord.

They also were to see the general area where prosecutors claim co-workers beat Monfils and the paper pulp vat where Monfils' body was found the next day. In a brief court session held before leaving for the mill, Bayorgeon told jurors they were not supposed to talk among themselves, talk to any of the mill employees or regard any thing at the mill as evidence. The tour was merely something to help them understand later testimony, Bayorgeon said. Jurors were to receive the paper mill's standard safety instructions, given to all visitors as they enter. Otherwise, noise in the mill would prevent the tour guides from being able to say much and would probably hold up blackboards inscribed with an explanation of the room Pep rally for parents is Monday Go, parents, go.

Motivational speaker Judson Hixson will hold a pep rally for parents at 7 p.m. Monday at Green Bay West High School, 966 Shawano Ave. The Chicago-based Hixson will discuss ways parents and schools can form partnerships to better educate What jury will, won't see, hear J. children. The rally1 is part of an initiative to increase parental involvement called Participate to Educate.

Can't make the pep rally? Hixson will take calls from 4 to 5:30 p.m. Monday during a call-in at the Press-Gazette. To talk to Hixson Monday afternoon during tfcose hours, call 431-8327. I 1 1 1 i i i i 1'. Press-Gazette photo by John Roemer Trial begins: Ed Monfils, father of Tom Monfils, Wednesday's opening statements of the Monfils speaks to Tom's widow, Susan, during a recess in homicide trial.

Highlights of opening statements Press-Gazette Lawyers in the Tom Monfils homicide trial spent the first three hours of the day Wednesday arguing whether certain evidence and testimony should be allowed before the jury. Here is a summary: Criminal records of some of the defendants. At least one of the six defendants has criminal convictions. Such evidence seldom is permitted at a trial because a defendant's criminal activity doesn't prove he or she committed the crime being tried. Judge James Bayorgeon said it won't be allowed.

Prior union-related activities by some of the defendants. Prosecutors hoped to show the jury how defendants Rey Moore and Mike Johnson reacted previously when confronting what they perceived to be anti-union behavior. Prosecutors wanted to tell the jury that Johnson threatened a woman 16 or 17 years ago while he was acting as a union steward and that Moore chased someone, broke a truck window and burst into a meeting to accuse a man of being a scab, actions which supposedly took place between 1987 and 1991. Bayorgeon ruled the events were not relevant, happened too long ago to present now and would prejudice jurors. Evidence that some of the defendants considered or attempted suicide.

At least three of the defendants have expressed suicidal thoughts, and defense lawyers wanted that information kept from jurors because it might lead them to assume unfairly the defendants were suffering from feelings of guilt. The defendants could have been depressed by financial worries, personal problems and stress from the investigation, they argued. Bayorgeon ruled that jurors will decide what weight to give the information. The tape of one of Monfils' calls to police. Monfils called police to report defendant Keith Kutska's plans to steal an extension cord from the James River mill where they both worked and again to ask them not to give Kutska a copy of that call.

Defense lawyers objected to jurors hearing a portion of the second call, in which Monfils said he feared Kutska. Bayorgeon planned to rule today. Videos and photographs of Monfils' body and the efforts to recover it from the paper pulp vat. Defense lawyers said the pictures were grotesque and would only inflame jurors. Bayorgeon withheld ruling until he views them.

The Monfils trial Questions? Do you have questions about the Tom Monfils trial or how the court system works during a trial? If so, call 436-7838 Monday through Saturday, and we'll find the answers. confronted Monfils, whom Moore didn't know. Moore accompanied Kutska to have him point out Monfils, and the pair were still looking for Monfils without realizing he already was dead. Robert Parent represents Moore. Mike Hirn's lawyer: Clearly, there were "bullies" who beat Monfils and threw his body into the vat, but prosecutors can't say for sure who those people were.

Gerald Boyle represents Hirn. Dale Basten's lawyers: They'll present their opening statements after the prosecution presents its case. They say they don't want too much time to lapse between their opening statement and the case they'll present. Avram Berk and Nila Robinson represent Basten. Mike Johnson's lawyer: The witness who says he saw Johnson near the vat didn't report it for six months and gave two different time estimates.

Eric Stearn represents Johnson. Main storyA-1 Press-Gazette Opening statements in the Tom Monfils homicide trial Wednesday: Prosecutor Larry Lasee: The state will try to show jurors the "big picture" that the six defendants played a part in Monfils' death at the James River mill Nov. 21, 1992. Prosecutors won't be able to fill in all of the gaps about what happened that morning, but they believe Monfils was beaten by a mob angered by Monfils telling police that co-worker Keith Kutska planned to steal a mill extension cord. They threw Monfils' presumably unconscious body into a paper pulp vat because they feared they'd lose their jobs.

Mike Piaskowski called a supervisor to report Monfils was off the job but made the mistake of calling before Monfils missed any work duties. Mike Piaskowski's lawyer: Piaskowski called a supervisor that morning only because he wanted to get Monfils in trouble for being off the job. Piaskowski doesn't know what happened to Monfils. Tim Pedretti repre- sents Piaskowski. Keith Kutska's lawyer: No one can show Kutska ever touched or harmed Monfils.

Kutska could not have assumed that his getting a copy of Monfils' call to police would lead to Monfils' death. Royce Finne represents Kutska. Rey Moore's lawyer: Moore wasn't present when other co-workers Firearms curb wins approval of state Senate ''MADISON A bill that prohibits possession of a firearm by a person against whom an abuse or harassment injunction has been issued won approval of the state Senate. The measure was approved on a voice vote Wednesday and sent to the Assembly. Judges would be required to order the guns be kept by law enforcement authorities or be turned over to a person of the judge's choosing for the length of the court injunction, according to Sen.

Peggy Rosenzweig, R-Wauwautosa. Rosenzweig and other supporters said the measure was needed to protect victims of harassment or abuse who have sought injunctions due to abuse by a spouse, girlfriend or boyfriend. The firearms ban also would apply in instances where injunctions are issued for alleged child abuse. Law enforcement officers and those enlisted in the armed forces or reserves against whom an injunction is issued would be allowed to carry a gun on duty. Crane operator killed in Chilton lCHILTON A 38-year-old man was electrocuted while working at Chilton Metal Products.

Michael K. Schwarz of Fond du Lac, who was to be married Friday, died at the scene of the accident at 9 a.m. Wednesday, Calumet County Deputy Coroner William Han-non said. Schwarz was using a crane to remove scrap metal and the crane J)Oom hit an overhead high tension yrire, Hannon said. Global Ecology series set at SNC The sixth annual Global Ecology series will be held at St.

Norbert and will focus on women, population and development, based on international policies. Patricia Waak, director of Human Population and Resource Use at The National Audubon Society in Boulder, will speak on "Shaping a Sustainable Planet: The Role of Civil Society," Monday, Oct. 2 at 7 p.m. in the Ghel Conference Room of Cofrin Hall. The presentation is free and open to the public and is Part I of the 1995-96 Global Ecology series of the International Center.

For more information, call St. Norbert College at 337-3020. Door Co. lawman named to board LeRoy Klein of Brussels was ap-spbinted to the Law Enforcement Standards Board for the state of Wisconsin. Klein, a patrol sergeant in Door County, was appointed to a term expiring May 1, 1999.

The board sets educational and training standards, certifies officer and instructor candidates, establishes curriculum requirements, consults in the development of training schools and courses, conducts research to improve law enforcement administration and performance and evaluates romDliance with standards. Cost a concern, but Hobart to form water utility: tomer. Other costs also coming int play not included in the report: $200 to $300 to run a water pipe from the street to the home, What's next The Hobart Town Board will seek approval from the Public Service Commission for a public water utility by presenting a detailed preliminary $500 to $800 to cap and aban don the current well. Harold Baeten doesn't want to abandon his well. be reviewed by the state Public Service Commission.

"We'll know the method of payment after their approval to form the utility," he said. "But we won't know actual dollars until the project is almost done." Assessment possibilities include: A per foot charge, based on property frontage of 122 customers, is estimated at $22.59 per foot. A per customer charge, based on 122 customers and an assessment footage charge of $465,372, would cost $3,814.52 per customer. A combination of both per customer or parcel and a per frontage assessment. The quarterly water bill is estimated at $91 for an average cus Baeten, who has a good well and owns 15 acres in Hobart, ques water problem.

Many people living in the Woodland Ravine area, which includes 113 homes, are finding large amounts of iron and naturally occurring arsenic in their well water. Hobart resident Mike Konecny, an accountant, voluntarily put together a report that gave preliminary construction costs, assessment calculations and estimated rates for the project. "All assessments are paid for by the customers," he said. "But I think many of them were surprised that it won't be as much as they thought." Konecyn's report estimates total cost of the utility plant at $1,859,605. That cost includes the By Julie Rossich Press-Gazette HOBART Town residents will form a public water utility after Ashwaubenon village trustees decided they couldn't buy water without annexing to the village.

"We don't need Ashwaubenon," Hobart Town Chairman Len Tere-sinski said. "We can do this on our own." It was a standing-room-only crowd Wednesday night, and the majority of the 80 residents both with good and contaminated wells applauded when the town water utility was approved. But that approval didn't come easily. Residents were concerned about the cost of solving the town tioned why he should hook up to municipal well. land, construction, a distribution reservoir, distribution of mains, services, meters and hydrants.

Of the total cost, $1,061,771 would be financed by assessments and $797,879 by long-term debt proceeds. Konecyn offered residents three assessment possibilities that will "I have 330 feet of frontage on Adam Drive and if the water system was put across the front of my property and assessed at so much per foot, it would be pretty expen- Please see HobartB-2 Arafat adviser foresees peace the next three years face thorny questions of security; the status of Jerusalem, claimed by both sides as their capital; and what to do with more than 1.5 million Palestinian refugees. "If these problems can't be solved, there will be conflict agai he said. "It depends on the Israelis on how far they go in giving the Palestinians their rights." Toubassi said the actions of hard -line Jewish settlers from the Please see PLOB-3 curing Palestinian rights. But he said opponents would not block progress.

"They cannot act alone," Toubassi said. "Most Palestianians agree we need to live in peace with our neighbors." Toubassi spoke in an interview at St. Norbert College, where he visited his cousin, business professor Emile Shihadeh. He planned to attend the signing of the agreement today at the White House. Toubassi, a retired dentist, is the brother-in-laW of Palestinian author and negotiator Hanan By Jeff Kleinhuizen Press-Gazette DE PERE An adviser to PLO leader Yasser Arafat said Wednesday the Palestinian-Israeli pact signed today should lead to lasting peace but warned that the two sides must still work out the region's toughest problems.

Alfred Toubassi, a member of the Palestine Liberation Organization's National Council, acknowledged that some Palestinians perhaps 20 percent believe the pact doesn't go far enough in se Ashrawi, who wrote This Side of Peace. He now lives in Ramallah on the West Bank but lived in Beirut for 20 years, after being deported in 1974. The Palestinian-Israeli agreement expands Palestinian self-rule in the West Bank and arranges the exit of Israeli troops. It aims to reverse 28 years of Israeli occupation over 1.2 million Palestinians in the West Bank, an area the size of Delaware. It was captured by Israel from Jordan in the 1967 Middle East War.

Toubassi said negotiations over i "You can't keep people out of a country simply because-they have an opinion averse to yours." Sidney Vineburg "Most Pales-tianians agree we need to live in peace with our neighbors." Alfred Toubassi Staff and wire services inc rtt.