The Burlington Free Press from Burlington, Vermont • Page 19

Taking Children From Father Was Illegal, Judge Says the truth when they make claims of incest, particularly if the children have not reached puberty. Ober said the girl told social workers she did not want to visit her father. He said some caseworkers also were afraid for their personal safety after angry exchanges with Robison. When Langrock asked how Robison might have been expected to act had he been falsely accused, Ober said, "I would certainly expect him to be very guilt," Langrock said. He said Robison "sits here crying for a year and a half that he didn't do it." But there is no way of going back and doing the investigation over and doing it properly, Langrock said.

Frederick Ober, district director for the Department of Social and Rehabilitation Services, said it is possible that the girl's claim of incest was reinforced by the way she was questioned at the outset. He also said, however, that children are almost always telling Court Roundup By WILLIAM BRAUN Free Pratt Staff Writer A former Chittenden County prosecutor and a state trooper broke the law when they took two children from their father, who was suspected of incest, a judge said Monday. Vermont District Court Judge Frank Mahady said he was disturbed by the "questionable" conduct of former Chief Deputy State's Attorney Susan R. Via and former trooper Jay Harrison. He said there was "a readily apparent violation of the statute" in their decision to take the children from their parents and to take them to the state police barracks before going to court to secure approval for the action.

Mahady's remarks came dur- emergency action Langrock said. He said the only evidence the trooper and the prosecutor had was the word of two young playmates, who said the girl had told stories of incest. Further, the defense lawyer said, the 90 minutes or more at the state police barracks before the children were taken to court for approval of the removal from their home gave plenty of time for the trooper and the prosecutor to suggest the idea the girl was doing the right thing by making the accusation against her father. Jane Marter, an assistant attorney general handling prosecution of the 15-month-old case, which has been thrown out of court once, argued that the law governing emergency removals of children from their families "is designed to protect children, not criminal defendants." Marter also reminded Mahady that a psychiatrist testified there was no clinical reason to suspect the girl might have made up the story. It was, in fact, consistent with those of other incest victims, the psychiatrist said.

Robison and the attorneys were in court in Burlington Monday for a full day of testimony and argument concerning nine pretrial motions. Mahady promised quick decisions on all of them. No trial date has been set. "When Susan Via and that trooper took that child off, they were convinced of my client's ing a pretrial hearing in the case of Roy L. 'Tex" Robison.

His lawyer, Peter Langrock, argued that Robison, 51, of Williston was denied his due process rights when his children were taken into custody Aug. 26, 1981. There was no clear showing the children were in immediate danger a requirement for such AMERICA'S FAVORITE GAME SHOW Missing Man's Property Goes to Father RETURNS Richard Dawson welcomes two families to compete lor big money. A I 11 Can Frank stop a sexy assassin from stealing PA. sacred gems? By MIKE DONOGHUE Free Prest Staff Writer Superior Court Judge Alden T.

Bryan ruled Monday that the father of a missing Essex man and not his estranged wife should be responsible for the man's property until he is found or his death is established by authorities. Diane King had named her father-in-law, Wilfred King and her son, Joey King, in a lawsuit in an effort to take possession of property she believes is hers. Bryan ruled that Diane King could have a riding lawn mower and a chain saw, but that the rifles, gun cabinet, boat and motor, bow and arrows, three motorcycles and two guitars should remain with the missing man's father. Wilfred F. King III, 37, was last seen leaving his Jericho Road home in October 1980.

A few days later his bloodied crutches were found in Colchester and three weeks later his four-wheel-drive vehicle was found in Williston. King had disappeared a few weeks before the final hearing on a divorce settlement that would give him and his son, Joey, now 15, possession of the home and property. Norman R. Blais, attorney for the three King children, told the judge during a conference in chambers that authorities know "who did it" (disposed of the missing man) but cannot prove it. Blais, a former chief deputy state's attorney, was appointed by the court to represent the children.

Alan Bruce, attorney for the missing man's father, said the son is bitter about his mother's having boyfriends move into the house, damaging some of the property, and her failure to cooperate with police. Joey King testified he had removed the property from his father's home because he was afraid it would be further damaged by his mother's boyfriends. Diane King said Arnold Parent, who lived with her for a couple of months, and John Lockwood, a friend, were responsible for the damaged property. She also testified that she later became afraid of the men. During an earlier hearing, the woman had testified that Parent slept with a gun under the mattress when he stayed at the house and that Lockwood often carried a gun in a shoulder holster.

Under cross-examination, Joey King said he had no claim of ownership to any of the property except a motorcycle his father gave him. The boy said his concern is to ensure the property is protected. Diane King, when questioned by Blais, acknowledged that none of the $11,000 she received from sale of the couple's paving business equipment has been used for any of the three children. She also acknowledged she had refused to sign a form from the Vermont Social Welfare Department that would have made her son eligible for Medicaid assistance at no cost to her. The mother said she thought she had enough coverage through her insurance at the Sheraton Inn, where she is executive housekeeper.

Diane King also acknowledged that the man living with her now, Calvin "Mickey" Clark, had worn her missing husband's snowmobile outfit. Bryan said his order would be in effect until a further order or until King is found or declared dead, which would take another five years under Vermont law. i Ruling on Injunction Expected Next Week By SCOTT MACKAY Free Press Staff Writer Superior Court Judge Hilton H. Dier said Monday he will rule next week on the city of Burlington's legal attempt to close a pornographic bookstore that opened last week in the Old North End. The city is seeking a preliminary injunction against V-T Books Inc.

and owner Nicholas Napolitano because he opened the pornographic shop without a proper zoning permit. "They have not complied with zoning law," said John Franco, assistant city attorney. The store, at 95 North St. is in a mixed residential and commercial neighborhood. Richard Blum, lawyer for Napolitano's company, refused to answer reporters' questions on the zoning permit.

Blum told Dier the city should not be granted an injunction. The method the city should use to go after the store is to raise its fines for violating zoning or dinances "to a level where it is no longer economicully feasible" for the store to stay in business, Blum argued. Franco said the injunction is needed because the fines of $50 a -day could easily be flouted by the owners, who "might be able to make thousands a day" selling the books, magazines and pornographic movies. The store is "not only in a residential area but where there are schools, traffic problems and general congestion." Franco said. "JOIN US FOR THE LATEST IN NEWS, WEATHER North Street residents are upset with the location of the porn shop.

More than 600 Old North End residents have signed petitions protesting it. The legality of the books and the legal questions of whether the state should allow them to be sold are not issues in the city's case, according to Franco. The only legal question is whether the owners have a valid zoning permit, he said. An alcohol rehabiliation program and a furniture store were the last two occupants of the 95 North St. building.

Under Burlington ordinances, a new business must get zoning approval before moving into a building. "We don't think they have any legal business being open," Franco said. Blum, citing a Vermont Supreme Court decision, said the court has found in the past that a community cannot use "public nuisance" laws to "suppress this kind" of business. V-T Books is also the owner of a similar store at Taft Corners in Williston. Real Estate Agent Denies 1 6 Counts SPORTS." Liu Swann.

Claudia Reynold! and Oave Colman report from The News Station 1 HVT I turn rntniri-n taj using the U.S. Postal Service system in executing the scheme by corresponding with and receiving packages from a check-printing company in Massachusetts. Judge James S. Holden restricted Averill's travel to New York, California and Arizona as well as Vermont and several other New England states, but allowed him to depart on a one-week vacation to Barbados. GREAT KOMENTS Oil CBS RUTLAND Rutland real estate agent James H.

Averill pleaded innocent in U.S. District Court Monday to 16 counts of making false statements in order to obtain bank loans and mail fraud. Averill, 40, is free on $10,000 bail. He could face a maximum of 44 years imprisonment andor $64,000 in fines if convicted of all the charges. The indictment says Averill told the Rutland Savings Bank he owned personal property and collateral he actually he did not own in order to influence the bank to make 12 loans to him between June 1 and Aug.

26, 1981. Between November 1981 and January 1982 Averill also devised "a scheme to defraud Proctor Trust Co. and Rutland Savings Bank" by making it appear that his checking accounts at the two banks contained more money than they actually did, according to court records. The real estate broker knowingly overdrew on his Proctor Trust account and deposited the money in Rutland Savings Bank, then overdrew on that account and put the money into Proctor Trust, the indictment says. The indictment also says Averill purposely failed to disclose "that there were insufficient funds in his pay the series of checks written on those accounts." Averill also was charged with TZf The Neus Station Mudslide Case Settled Out of Court 10a.m.

ill V-''r, construction company agree to repair the riverbank off Riverside Avenue in Burlington to specifications set by the Army Corps of Engineers. The work will be done at low-water time next summer, Ware said, and the agreement will carry a provision that the charge is to be refiled if the work is not done. The mudslide originally drew charges in Vermont District Court. Those were dismissed last summer, a year after the mudslide, when it was decided the case could be handled more expeditiously under federal law. Clayton Norton and the Cooley Corp.

have agreed to clean up the site of a June 1981 mudslide into the Winooski River rather than go to trial on a federal criminal charge. A trial before the U.S. magistrate was to have begun Monday but was called off because agreement had been reached, according to Assistant U.S. Attorney Sheila M. Ware.

"It's like a restitution, almost," the prosecutor said. While the agreement has not been signed, all parties have orally agreed that the misdemeanor charge will be dropped if the landowner and the A 10-9, 1 -Gnt. IOC' pweMfc, HWh. mmfmt 1:1 3 Lei DAILY LUNCH SPECIALS TUESDAY Until with Horn tovp CHICKEN FRIED STEAK wcountry gravy potato and vegetable HOT ITALIAN SAUSAGE SUB $3.75 took frit coleslaw rt' 863-6363 ATTMf ClOVItUA' WHUSTON (0., SO. SUaUNOTON Up on our rooftop this Friday at 10 a.m., Santa Claus and Mrs.

Claus will arrive to visit with all the children and give them a free gift. Bring the family and tell Santa your Christmas Dreams. And take home an instant color photo of Santa and your child. Children must be accompanied by an adult 50 STORES ENCLOSED MALL AIR CONDITIONED FREE PARKING. DON'T LET OUR CONSTRUCTION BOTHER YOU.

Find your woy to our dining room ond get Each week we're sharing a Christmas tree with the Community. This week's SHARE A TREE, on display from Friday thru Sunday, is decorated by the South Burlington Girt Scouts and will be delivered to the Green Mountain Nursing Home. your choice of A GLASS OP WINf, 1EER or DESSERT INCLUDED with lunch or dinner of S3. 00 Of mora. Pleote prtstnt thit od upon i or dinner tit od upon pi making your telection.

Dorset St. at Williston So Burlington. )ust off Exit 14. 1-89 Mall hours: 11-6 Sun. Closing Thanksgiving Ev at 5:00.