The Burlington Free Press du lieu suivant : Burlington, Vermont • Page 1

The Burlington (Vt.) free Press, Wednesday, February 15, 1989 3B wne lawyers claim TV coverage hurt trial and that he would praise the two-year plan in a report to the state Supreme Court. Prosecutors have yet to respond to the motion, which likely will be heard the day Towne is sentenced. He faces a maximum life prison term, on top of a 70-year sentence he is serving for violating federal gun laws. seeks a new trial on grounds that no oath was given to court officers and sheriff's deputies who took care of the sequestered jury. "The lack of this oath deprives Mr.

Towne of his sole assurance that the verdict was not tainted by outside influences or misconduct," the motion said. Mahady said during and after the trial that the camera coverage was unobtrusive and informative, "As you can see, our camera did not focus on the jury, but on the defendant, Ed Towne," said Marselis Parsons, WCAX news director. He noted that District Court Judge Frank Mahady had given WCAX, WPTZ-TV and WVNY-TV permission to photograph the jury entering the Bennington courtroom. Allen and Stetler had no comment on their motion, which also By Ian Polumbaum Free Press Staff Writer Edwin Towne lawyers claim his murder trial was unfairly affected by television coverage of the jury's guilty verdict. Public Defenders E.M.

"Bud" Allen and Bradley Stetler this week requested a new trial for Towne, who was convicted Jan. 18 of abducting and shooting to death Clavelle wants a cap on campaign spending Firefighter faces disciplinary hearing the jury and recorded and broadcast the oral responses during the jury poll," the defense motion said. "These actions were intentional violations of the rule." In response, WCAX-TV Tuesday evening replayed trial footage that showed the jury filing in before the verdict. The camera then shifted to Towne for the verdict and the subsequent poll of each juror. W'iv iff i 7 fK A departmental disciplinary hearing for Burlington firefighter Timothy Clark, who was convicted of driving while intoxicated last month, is scheduled for Thursday at the Central Fire Station.

Clark, a 13-year veteran, has been on extended sick leave since shortly after being stopped by Shelburne police for suspicion of DWI Oct. 6, officials said. Clark, 35, also was ordered to appear in state court for a charge of possession of cocaine, but that case was referred to federal authorities, who are reviewing it, authorities said. The hearing before Fire Chief John M. Dionne is expected to be limited to the DWI conviction.

Clark pleaded guilty to the DWI By Lisa Scagliotti Free Press Staff Writer Independent mayoral candidate Peter Clavelle Tuesday called on his Democratic opponent, Nancy Chioffi, to join him in setting a campaign spending cap of $35,000 each. His request was met by a charge from Chioffi that the request was "political posturing and grandstanding." The $35,000 limit represents the traditional spending of both independent and Democratic campaigns over the past three mayoral elections and is sufficient to cover leaflets, mailings, fund raising, modest staff and radio advertising, Clavelle said. "Frankly, what this spending level does not allow for is a high-powered, high-budget television campaign," he said. "I think it will be a sad day if the Burlington mayor's race could be bought with the purchase of expensive TV ads." Last week Clavelle said his campaign will not run television advertising because it cannot afford the commercials. Chioffi has said she is reluctant to produce television advertisements but she did not rule out that option.

In a written response Tuesday, Chioffi did not agree to the Connecticut man pleads no contest in driving case; No foam Members of Vermonters Organized for Clean-up march down State Street in Montpelier on Tuesday on their way to the Statehouse where they urged legislators to pass a bill banning the use of Styrofoam packaging for food. The bill is pending in the Chioffi asks leaders to speak out on drugs Driving charges dropped against Swanton man 15-year-old Paulette Crickmore of Richmond. The trial was the first test of Vermont's two-year plan to allow cameras in state trial courts. The attorneys said three television stations, sharing one camera, violated a ban on photography of individual jurors. "The television camera in the courtroom focused exclusively on $35,000 spending limit but did say she "intends to run a campaign consistent with the traditional level of expenditures on mayoral campaigns in the past." She qualified her response by saying agreements on spending limits should be made before a campaign begins, not after commitments are made to salaries, rents and other expenses.

Chioffi also asked that both Clavelle and Greens candidate Sandra Baird join her in releasing the names of all campaign donors and their contributions. By law, the campaigns must disclose campaign contributions in excess of $100. Such disclosures will be done both 10 days before and 10 days after the March 7 election. Clavelle could not be reached for comment on Chioffi's request Tuesday night but his campaign coordinator, David Weinstein, said, "The campaign's response is, 'What is her He said Chioffi did not say whether she would abide by the requested spending limit and called her request to disclose all contributors a "diversion." Baird also could not be reached for comment. The fourth mayoral contender, Michael Hackett of the self-proclaimed "tax revolt" ticket has said he believes campaigns should not spend more than $500.

When asked at an afternoon news conference whether she had ever used drugs, Chioffi said she experimented with marijuana when she was younger but she said the proliferation of crack and cocaine poses a much more severe danger. Despite that aspect of her past, Chioffi said she feels she should speak out against the danger of drugs. She said if a person's use of drugs at one point in his or her life prevents him from speaking out against it in the future, "then we're all in trouble." The current administration has "shown no leadership whatsoever" on fighting drug and alcohol abuse, Chioffi said. "What's needed is a strong voice in City Hall talking to the community about the importance of us taking a strong stand against drugs," she said. Chioffi said the drug issue should be approached like the nighttime noise issue, which was identified last year by Mayor Bernard Sanders.

He launched a campaign to cut down on neighborhood noise. Under the proposed tax increase, which would bring the rate to $1.34 per $100 of assessed property value, the owner of a $90,000 home would pay about $75 more in school taxes each year. In response to the controversy, board members had criticized Danyow for being too conservative in his budgeting. The board also has begun reviewing its budget policy. Danyow told the board when he took his job he promised to put the district in a sound financial condition.

The district has moved from a deficit in 1986 to a surplus in 1987 and 1988. Danyow, however, warned that the district still has many needs, from capital improvements to instructional materials. Clerk Phyllis Farrell at 899-4936. C. Dennis Hill, Stephen A.

Unsworth and Gilbert Myers take pleasure in announcing the formation of a new partnership for the general practice ot law. The partnership, effective February 6, 1989, will be known as Hill, Unsworth Myers with offices at 26 Railroad Avenue, Essex (unction, VT. Appointments can be arranged by calling 879-7133. The Associated Press Court roundup ST. ALBANS A Highgate Center man who is an inmate at the Northwest State Correctional Facility pleaded no contest in Vermont District Court Monday to four felony charges under a proposed plea agreement.

Judge Frank Mahady ordered a pre-sentence investigation of Douglas A. Colby, 27, who will be sentenced April 3 on the four charges. He recently was sentenced to 24 to 36 months on a felony offense of unlawful trespass May 23 in St. Albans. Colby Monday pleaded no contest to aggravated assault and burglary Dec.

27 in Highgate, aggravated assault Aug. 29 in Swanton and being a habitual offender. Under the plea agreement, he would serve three to six years on each charge, concurrent with each as well as the existing sentence. Additional charges of possession of stolen property and violation of conditions of release would be dismissed, according to the agreement that will be reviewed by the court. 2 Fairfax men charged after drug raid at hut Two Fairfax men were formally charged Monday with running a marijuana-growing operation in a Quonset hut.

Donald Bilodeau and Leslie Reed, both 47, were arrested last HYDE PARK Wayne Hat-ten, 34, of Meriden, pleaded no contest in Vermont District Court Tuesday to a charge of careless and negligent driving with death resulting in connection with a Nov. 29, 1987, crash on Vermont 108. State's Attorney Joel Page said one person was killed, another was forced to take an early retirement from International Business Machines Corp. because of injuries and a third person continues to have serious headaches, all as a result of the crash. Jury selection was scheduled to begin Tuesday afternoon, but Friday after state police raided Bilodeau's 39-acre property off Buck Hollow Road.

Both men appeared in U.S. District Court at Burlington Monday and were released on bond by Magistrate Jerome Niedermeier. Police said the Quonset hut contained 109 marijuana plants up to 4 feet tall, lighting and watering systems, and detailed fertilization schedules. Also found was a loaded sawed-off shotgun in the hut and a loaded pistol in Bilodeau's vehicle. Country club to lose liquor license for 14 days MONTPELIER The Blush Hill Country Club in Waterbury will lose its liquor license for 14 days because of indecent and lewd entertainment by a female entertainer that was permitted at a stag party, the Vermont Liquor Control Department said.

The incident occurred Sept. 8, said Albert R. Elwell, chief of enforcement and licensing for the liquor control department. The country club opted not to contest the charge and accepted the suspension, which will begin April 16, Elwell said. St.

Albans woman wins $351,000 in damages A St. Albans woman has been awarded $351,000 in damages by a Chittenden Superior Court jury in a medical malpractice lawsuit she brought against a Burlington doctor. charge Jan. 25. He received a 4-to-1 2-month suspended prison sentence and was placed on probation, and was fined $255, which will be waived if he undergoes alcohol counseling.

Under the law, Clark's right to drive could be suspended for 90 days if he completes the state's anti-drunken driving course. Without the course, Clark cannot drive for one year. Clark could face a wide range of punishments from the department, including assignment to non-driving status, suspension or dismissal. Attorney Richard Cassidy, who represents Clark, declined to elaborate on the case. Hatten agreed to accept the sentence that Judge Shireen Fisher had told him she would impose, Page said.

Fisher had said last Friday she would order a 2-to-10-year prison sentence with all but the two years suspended if Hatten wanted to avoid the trial. Hatten was given up to 60 days to report to a correctional center. Stowe police reported Hatten's passenger, Jennifer Suravich of Chatham, and Meriden, was killed in the crash. Hatten's car sideswiped a van and then landed on a pickup driven by a Stowe man, police said. Gregory Rainville, an associate with the St.

Albans law firm of Northern Trial Associates, said Monday that his client, Connie Little, sought unspecified damages against Bernard B. Barney in the suit. He said a jury deliberated about four hours last Friday before returning a verdict in favor of Little at the end of a week-long trial. "I don't know if we're going to file an appeal yet; a decision will be made in the next week," said Barney's lawyer, Robert DiPalma of Burlington. He declined further comment.

Barney, who specialized in plastic and reconstructive surgery, performed surgery on Little Sept. 14, 1984, and retired about two weeks later, said Rainville. He said Little had the surgery to improve the appearance of a small scar under her nose, a procedure that lasted about five hours instead of the one hour she had been expecting. "The type of surgical procedure that Dr. Barney undertook had known risk factors with it that he did not make known to Mrs.

Little," said Rainville. "In fact she ended up requiring two revisio-nary surgical processes after Dr. Barney's operation, of which she had no idea that was going to take place. She ended up with a num ber of scars. I FREE yard of quality 38" Omalon carpet I pad with each yard of jc carpet ordered 13 SAVE 350 with this ad 123-225 I Not good any other lo in-store carpet sale or 2 carpet promo VcdteuPcdltii 31 Waitslield, Stowe, South Burlington.

(, J-W-M-0WO. By Lisa Scagliotti Free Press Staff Writer Democratic mayoral candidate Nancy Chioffi Monday called on community leaders and residents to speak out against illegal drug use and trafficking. "Illegal drug abuse is a cancer in our society today and can only be eradicated if the attitude of the entire community is changed to support prevention and enforcement programs," she said. "We must take a strong stand citywide against the use or distribution of illegal drugs by any city employee." Chioffi's comments came a day after the Fire Commission announced it intends to write a Fire Department policy making tests for drug use mandatory for new employees. Two department employees have been implicated in drug activity in the past six months.

The Board of Aldermen Monday night supported the testing initiative and said the salary committee of the board is considering regulations for all city employees regarding drug and alcohol abuse. Burlington school official says budget was conservative ST. ALBANS A felony charge of careless and negligent operation with fatality resulting has been dropped against a Swan-ton man involved in an accident last May 13 on Vermont 105 in Swanton in which a Sheldon woman died. Daniel R. Juaire, 19, was driving a milk truck owned by McDer-mott's Inc.

of Enosburg Falls. The truck collided head-on with the victim's oncoming car after the truck tried to avoid a pickup stopped in the road ahead of it, preparing to make a turn, according to state police. The driver of the car, Stella Blaney, 30, died of injuries suffered in the accident. Franklin County State's Attorney Howard E. VanBenthuysen said Tuesday that a state police investigation appears to confirm Juaire's contention that the milk truck's brakes were defective.

VanBenthuysen said the probe showed that the same vehicle has been involved in as many as three other accidents and had defective brakes in one of them. Juaire's lawyer, David G. Miller, had filed a motion to dismiss the charge in which he charged the state with negligence because state police "did not preserve any evidence of brake failure and returned the vehicle to McDermott's Inc." "I think the state police acted properly in this case," VanBenthuysen responded. Inmate pleads no contest to four felony charges OIL 75.9 PER GALLON Minimum delivery 150 gallons Delivered in Greater Burlington Area. CASH Petroleum G60-CASH WEDNESDAY, FEBRUARY 15th DAILY LUNCH SPECIALS Children's Menu Always Available 1 Burlington School Superintendent Paul Danyow, responding to controversy over a tax increase request, said Tuesday he was conservative in his budget projections and was remiss in not getting more current revenue information to the School Board before the budget was set.

Danyow reviewed the budget process that led the School Board to propose in December a 15.5-cent tax increase. After coming under fire in January from City Treasurer Johnathan Leopold, who called the tax increase unnecessary, the School Board reduced the rate to 8.4 cents per $100 of assessed property value, citing new and revised revenues. The proposal will be decided by voters March 7. Chittenden roundup Burlington Copies of the annual city report for fiscal year 1987-88 are available at the City Clerk's Office. A limited number of copies also will be available at the polls on Town Meeting Day.

Jericho Jericho recycling coordinator Frank Martinek has formed a 20-member citizens recycling committee in cooperation with Jericho Selectman John Stewart. For more information, call Town Soup and Sandwich Special 3.95 Soup and Vi Sandwich Special Soup, Baked Ham Hawaian, dessert Soup, Fried Haddock, dessert EVENING DINNER SPECIALS Includes Appetizer, Salad, Vegetable, Potato or Rice Tendersnitzel Shrimp Scallops New Orleans Prime Rib Au Jus Tonight in Patches Pub 9 p.m.-1:4 5 a.m. SHACK CITY Gift Certificates Available Free Hors D'Oeuvres Williston So. Burlington AT THE CLOVERLEAF 863-6361 Vol.