The Burlington Free Press from Burlington, Vermont • Page 17

She gurlinylon New England 9-1 OB Courts 5B Deaths 2B Thursday, October 5, 1 978 A I )l i tv, lit 111 fS li -no- Union Offers To Push Ballot Issue Michael J. Walsh, president of Rutland Local 2323 of the International Association of Firefighters, Wednesday offered his union's aid to Burlington police and firemen pushing for voter ratification of binding arbitration in November. The help has not been requested, but Walsh said Rutland public safety employees would be willing to come to Burlington to help explain the issue and provide information. Binding arbitration, a step in stalled contract talks, is not now available to Burlington employees. It would require appointment of a three-member panel to review dis- puted issues in negotiations and make a binding ruling.

The Legislature voted to allow local communities to decide whether binding arbitration would be part of their contract negotiations, through a public referendum on the question. In Burlington the vote will come Nov. 7. Rutland city employees lost the first test of the new law Sept. 12, When voters decided against binding arbitration by a 600-vote margin.

I Walsh said there will be a second Rutland vote on the issue after the first of the year. Walsh said he has talked with Burlington Patrolmen's Association head John Carter. Binding arbitration means a third party, not directly involved with contract talks that have stalled, would make a ruling on each of the disputed issues. The rulings would have to be adhered to by both sides. Frat ton Photot by TIM RIVERS Animal Blessing The Rev.

Bernard Gaudreau of Assist, patron saint of animals, blesses a goat at the gathering. More than 30 animals and their, masters, like Stacy Rockwood of Burlington and her poodle at left, went to St. Joseph's Parish Hall in Burlington Wednesday to help celebrate the Feast of St. Francis Berster ury early Complete Tight Security May Sway Jury, Lawyer Tells Judge Vcrmcnt Roundup Middlebury Girl Is Identified As Train Victim MIDDLEBURY The 14-year-old girl who was killed by a train Friday night has been identified as Kathryn C. CStton of Middlebury.

The girUwas lying on the tracks when the southbound Vermont Railway train hit her at 9:14 p.m. 300 feet south of the Otter Creek trestle off Water Street. Windsor Loses $7,000 in Taxes Through Error Tf Auockrttd Fran. 'i WINDSOR A procedural error by members of the Windsor Board of Civil Authority has cost the town, more' than $7,000. The board has signed an agreement with the Vermont Electric Power Co.

lowering the 1978 appraisal of the company's new substation, transmission lines and other 1 property. The agreement reduces the appraisal from $1.2 million to about $887,000, and refunds more than. $7,000 In taxes already paid by the company. The reduction was necessary because the board failed to comply with state law in handling Velco's appeal of its appraisal from the Board of Listers. Town officials say the procedural error legally could have cost Windsor, up to $32,000 in taxes.

'A Group to Potition Against Center For Delinquents Th Anottottd Prau CASTLETON A group of, Castleton residents; has organized to fight a planned center for delinquent youths. The state plans to set up the program in Castleton to handle some of the students now at the Weeks School, Vermont's only reform school, i Schools Closing During Convention Schools throughout the state will be closed today and Friday when about 6,000 public school teachers attend the Vermont Education Association's 127th annual convention at the Essex Junction Educational Center. Police Criticize Public Safety Chief The Atiociotad Praii MANCHESTER The Vermont State Police Chiefs Association Wednesday charged Public Safety Commissioner Francis, Lynch with "parochialism that is counterproductive to professional Jaw enforcement." The association voted, at its monthly meeting to, support standardized police training for all law enforcement officers in the state. Lynch has argued in favor of the present system, which sets separate training requirements and standards for Vermont State Police. Lynch was criticized last week by Winooski Police Chief Roger Wlllard, who heads the police chiefs' Wlllard said Lynch was nor -cooperating with local law enforcement officials.

1 Bbrro Workers YotOi for Union BARRE Public works employees of Barre Town have voted to unionist. The 13 employees voted 11-2 Tuesday to Join Local 1339 of the American Federation ef Stats, Cour.y sni Uu eiclpsJ; Worier LUytzi. By CHRISTOPHER GRAFF Tk Auodattd Fmi Kristina Berster's lawyers challenged jurors selected Wednesday by U.S. District Judge Albert Coffrin in Miss Berster's trial on charges of violating U.S. immi-gratloirlaws, Miss Berster'i lawyers claim her actions were based on fear of being returned to her native West Germany and treated as a terrorist.

Defense lawyers used all but two of their 12 challenges, which allow them to remove potential jurors from consideration. The prosecution has one of its six challenges left. Coffrin has reserved judgement on a motion to dismiss charges against Miss Berster on grounds of excessive pre-trial publicity. Of the first 36 persons questioned by the judge, 33 knew of Miss Berster and 1 said they thought she was guilty. Miss Berster, 28, was arrested July 16 near the Canadian border at Alburg.

She has pleaded innocent to an eight-count indictment charging her with using a forged passport in an attempt to enter the U.S.; Miss Berster, dressed in a striped blouse and jeans, whispered to her lawyers and took notes as Coffrin questioned potential jurors. She passed occasional messages to supporters in the courtroom. Her lawyers asked Coffrin to reverse an order by the U.S. marshal's office, preventing her from having visitors. Security has been stepped up at the Chittenden Community Correctional Center in South Burling-, ton, where she is being held.

At the time of her arrest, the FBI said Miss Berster was a suspected member of West Germany's Baader-Meinhof terrorist gang. The FBI later said it considered her a suspected terrorist," but that it had no evidence linking her to the Baader-Meinhof gang. Miss Berster's lawyers have filed a motion seeking dismissal of the charges on the basis of a 1967 treaty designed to protect refugees. -r, A State Department spokesman said the treaty provides a "very narrow test" for qualification as a refugee. "The basic question is whether she can persuade a judge that she has a well-founded fear she would be persecuted for her political beliefs," said the spokesman, who asked not to be identified.

Her lawyers say they intend to prove that Miss Berster fits the treaty's definition of a refugee, and that she is immune from prosecution under the treaty. Section 31 of the treaty states that, "Contracting states shall not impose penalties on account of their illegal entry or presence on refugees or are present without authorization." It states that signatory nations shall not expel a refugee whose life or freedom would be threatened due to "race, religion, nationality, membership of a particular social group or political. opinion." Defense lawyers contend that Miss Berster could be jailed in West Germanyfor associating with suspects. They have asked for additional time to prepare their, defense if Coffrin denies their motion to dismiss charges. Essex Board to Ask Firing of Shelburne Assessor Upheld Teacher Su pe ion By JOHN REILLY -v i.

rtt Pfti Staff Stepped-up security in federal court for the trial of Kristina touched, off a heated exchange between the judge and defense counsel during jury selection this week. Ms, Berster. 28, of West Germany is charged with using a forged passport to enter the country illegally last July. Chief Deputy U.S. Marshal Miro Kabot said Wednesday his office has instituted heavy security measures because of pervasive media coverage which related FBI allegations she is a terrorist.

Jesse Berman of New York City, lawyer for co-defendant Ray Kajmir, charged with helping Ms. Berster cross the border, complained to U.S. District Judge Albert Coffrin Tuesday about the visibility in the courtroom of federal marshals with walkie-talkies. Berman said the high security was unnecessary and prejudicial to his client because the jury would as Siiiiirjs "yt 4 STEPHENS SCHUETTE 'It is a matter of public record that for the past three years we have been dissatisfied with the reappraisal efforts of Mrs. Shelburne) Selectmen charges that Mrs.

Stephens had not progressed with the reappraisal of the town in a "timely fashion," according to the statement. Although they recognized that she had devoted considerable time to the town's new computerisation pro-tram, theY contended the reappraisal had moved slowly. Theltatemenf said two persons '0: sume the defendants are danger- OUS.V'- i Coffrin said the marshals carry the walkie-talkies in the building regularly and an explanation to the prospective jurors was not necessary. Ms. Berster's attorney, William Kunstler, countered, "With all the publicity this case has had, you've got to bend over backwards or we're not going to get a fair trial." Coffrin responded, "I have more faith in the ability of Vermont juries to deliver justice than you do." Tuesday evening Kunstler called Coffrin's remark a "cheap shot," saying, "It's not my lack of faith in Vermont jurors; they're the same as any other jurors," Kunstler said the claims of most of the prospective jurors questioned by Coffrin that they had not heard allegations of terrorism associated with Ms.

Berster were "inconceivable" in light of the publicity. Turn to TIGHT, Page 2B hired by the town to assist Mrs. Stephens were not utilized in an "efficient manner and on many occasions they had nothing to do." Selectmen also upheld Schuette's charge that Mrs. Stephens had failed to be at the Town Hall for grievance hearings or to assign someone to represent her. Also upheld was the charge that Mrs.

Stephens failed to notify taxpayers properly of changes of ap- raisal. Selectmen did not, however, find sufficient evident to back up Schuette's charge that Mrs. Stephens was negligent in responding to a request from the town attorney for information. Neither could the board determine conclusively that Mrs. Stephens was responsible for not making a change on the grand list, resulting In an error in the town budget.

In reaching the decision, accord-, ing to the statement, selectmen had difficulty In separating their roles as jurors and as municipal representatives. They noted In their conclusions that although the charges being considered pertained to the assessor's performance over the last four months, "It Is a matter of public record for the past three years we have been dissatisfied with the reappraisal efforts of Mrs. Stephens." Mrs. Stephens has been a lister In Shelburne for 13 years and is secretary-treasurer of the Vermont Association of Listers and Assessors. ByJOHNBERGIN FrM frail Staff Writer SHELBURNE Selectmen cqn-.

sented to Town Manager Edward Schuette's dismissal of Assessor Aileen Stephens Wednesday night after concluding their fourth closed-door session on the matter. Following a 35-mlnute executive session, selectmen announced their cision and' released 10 pages of "Findings of Fact and Conclusions." Chairman Thomas Haddock said the board considered evidence from a public hearing at which Mrs. Stephens rebutted the town manager's charge that she failed to perform her Job. Mrs. Stephens' position with the town was terminated Sept.

12 with letter from Schuette listing six reasons for her dismissal. According to the town charter, the Board of Selectmen must be the final arbiter in the dismissal of municipal employees. Mrs. Stephens had specifically requested reinstatement to her post as the town's first full-time tax Mrs. Stephens was present with her husband, John Stephens, when selectmen announced their decision Jut refused comment until the could peak with her attorney, Carl Tht document drawn 'up by selectmen' Included arguments about portions of the town manager's letter of dismissal that, thty sustained and otter sections that they did not support.

Jelsctmtn eonourrtd with By MIKE DONOGHUE tot ton Staff Wrinr ESSEX TOWN The Essex Town School Board voted unanimously Wednesday night to ask the Chittenden Central School District to suspend a teacher who reportedly struck a special education student last week. The board also will ask Education Commissioner Robert Witney to review the "commissioner-designated" programs In Chittenden County and the disciplinary procedures followed by teachers. Donald R. Vickers, Essex Town School Board chairman, said the alleged incident occurred Sept. 27 at a special education class at the' John Kennedy School hi Winooski.

The teacher was Identified In the motion as Sandra Haddock. The Essex Town boy, who was not Identified, is In the 9-11 age group In the class, officials said. The Incident has Been complicated because the special education class crosses jurisdictional boundaries, officials said. The stu dent Is enrolled Ins "commlsiiontrt designated" class, which comes under the Vermont Education Depart ment, but Is administered locally by the Chittenden Central School DIs trlct. CClcUJs said students with learn irj fro area towns ere tnvchrti In to wfcica.

Art conducted rente isce In seven! schools, mcludinj John P. Ken nedy Officials from the Chittenden Central School District and the Essex Town School District, when questioned Sunday and Monday by a Free Press reporter, said they were unaware of the incident. How-ever, Glenn Fay, CCSD superintendent, said Wednesday afternoon the district, on the advice of counsel, has been told not to discuss the incident. Fay said he thinks the CCSD has jurisdiction over the case. Donald-Messier, Winooski school intendent, said Wednesday afternoon he thinks the state Education Department has jurisdiction.

Jean Garvin, head of special education programs for the Vermont Education Department, could hot be reached for comment Wednesday afternoon, but a spokesman said the office was not aware of the incident. This is the third time in less than a year that an Essex Town student allegedly has been struck by a teacher. i The Essex Town School Board dismissed David Morton of Fairfax for striking an unruly student in October, 1977, at the Essex Middle School. The board issued a 10-day suspension to Donna Dulanty, i ftftk-crsds Middle School teacher, for snlins a student who sworsv ttrt A test paper and made ob scans ptturts with his. hands In Just..