The Times from Shreveport, Louisiana • Page 6

ShreveportBossier 22-A Thursday, June 3, 1982 dhc Ctimta mi Cooling off Poisonous 1 1 AP LoMrpiHrtW Texas court limits appeals gas i of indigents Tillc. WfThilrw in Lake Charles LAKE CHARLES (AP) -Poisonous phosgene gas spewed from a burst valve at the massive Olin Corp. chemical plant in Lake Charles Wednesday, killing one man and affecting at least 74 others as it spread to an adjacent plant, officials said. Frank Rodriguez, 50, of Fresno, Texas, died about three hours after the 10:30 a.m. accident, said community relations director Stephen Folkson at Lake Charles Memorial Hospital.

Rodriguez was identified as a truck driver for Hunter Chemicals Inc. of Houston. Two Lake Charles men doing construction work at the adjacent Conoco petrochemical complex were hospitalized for observation in good condition. Gaston Bourque 64, was taken to Lake Charles Memorial Hospital and Henry Burden, 47, was at West Calcasieu-Cameron Hospital in Sulphur. The others suffered from coughing and trouble breathing after exposure to the gas, used in chemical warfare during World War II.

However, they were not believed to be seriously hurt, plant and hospital officials said. An Olin plant spokesman, Joseph Day, said a crew was doing repair work on a section of phosgene pipeline when the leak occurred. "They were Isolating that section by turning a valve," Day said. "The valve broke and released some phosgene." He said the leak was quickly halted by shutting another valve, and an alarm was sounded to warn workers of the hazard. He said Rodriguez and two Olin workers were treated with oxygen at the plant's first-aid station before Rodriguez was rushed to the hospital.

The other workers did not need hospital treatment, Day said. Workers at the nearby Conoco plant complained of exposure, although Day said company inspectors found "neglible levels of phosgene" at the Olin plant's perimeter. Conoco public relations director Carlton Adams said 10 Conoco employees complained of respiratory problems. He said an additional 62 employees of outside contractors working at the plant were also af-. fected.

He said all of the workers were sent to hospitals in the Lake Charles area. Spokesmen at Lake Charles Memorial, Moss Regional and West Calcasieu-Cameron in Sulphur reported treating various workers for minor injuries before releasing them. Rachel Romero finds an easy solution to I mino pool in New Iberia. The orm and cast keeping her cast dry as she lolls in a swim- I are wrapped in a plastic garbage bag. AREA BRIEFS Child drowns in Webster AUSTIN, Texas (UPI) The Court of Criminal Appeals, in a decision a dissenting judge called "discrimination of the rankest sort," ruled Wednesday indigents convicted of crimes are not entitled to have court-appointed attorneys appeal their case beyond the first level of appellate courts.

The court's 6-3 decision said the U.S. Constitution does not require the state to provide indigents with the services of an attorney to seek discretionary review beyond the first step In an appeal. Texas has had a two-step appellate process in criminal cases less than a year. Prior to that, appeals went directly from district courts to the Court of Criminal Appeals. Wednesday's decision was based on the case of Albert Robleto Ayala, who pleaded guilty to burglary then "demanded" his court-appointed attorney appeal his conviction to the Court of Criminal Appeals.

The attorney conceded the appeal was frivilous, but filed it anyway. Judge Truman Roberts, in the court's majority opinion, said the appeal was without merit, but said the court wrote an opinion on the case "because it reflects a misconception about the duty of appellate counsel which others may share." Judge Sam Houston Clinton, in a dissenting opinin, said the ruling is "fraught with very high potential for much low mischief." Clinton said the decision comes perilously close to approving unequal treatment founded upon unreasonable and unsubstantial classification of people who are paupers. Judge Marvin Teague was even more critical in his dissent. "I fear that a majority of this court has wrongfully and unnecessarily singled out indigent defendants for special treatment, by holding that if a person is indigent he has no absolute right to the assistance of court appointed counsel in the preparation and filing of a petition for discretionary review with this court from the Court of Appeals," Teague said. "This, to me, is discrimination of the rankest sort, and should neither be countenanced, tolerated or permitted by this court.

"But dear reader, make no mistake about the majority opinion: It does discriminate." Teague said he believed the court acted legislatively, rather than judicially, in issuing the ruling and predicted it will cause the court problems in the future. He said the decision effectively closes the appellate court's doors to indigents who do not have legal skills. Dozier released on $500,000 bond BATON ROUGE (UPI) Former state agriculture commissioner and convicted racketeer Gil Dozier was released on bond Wednesday on charges he plotted to hire a hitman and tamper with the jury that convicted him. U.S. District Judge Frank Polozola set a $500,000 bond for the former state official and ordered him to surrender his passport and submit to maximum supervision by federal probation officers.

Dozier's brother Rufus put up promisary notes for the $500,000 bond, said U.S. Attorney Stan Bardwell, who wanted to keep Dozier behind bars. "We moved to have bond revoked and have him begin his sentence because while on bond he has allegedly engaged in illegal activity," Bardwell said. After his release from jail Wednesday night, Dozier said he was exhausted from the ordeal and could not talk about the new charges. "I have no comment," he said.

"I don't know why the charges were brought." Despite the outcome of the new charges and possible trial, Dozier said he expected to return to jail for his racketeering conviction, which is under appeal. "I have resigned myself to go to jail on the original trial," he said. Huey P. Martin, an employee of Dozier's who helped arrange the sale of drilling leases, gave federal attorneys a sworn affadavit saying Dozier paid him $10,000 to plot a murder, the break-in of a competitor's office and jury tampering. "If that's not (evidence of a) danger to the community, I don't know what is," said Assistant U.S.

Attorney Stan Lemelle, arguing the former official should be held without bond for trial. He said the government had "no idea" who was the target of the alleged murder plot, a mystery that could frighten witnesses from coming forward. "Some consideration should be given to the possible apprehension in the minds of potential witnesses in the case," Lemelle said. Dozier, already under bond pending appeal to the U.S. Supreme Court of his racketeering conviction, earlier promised Polozola he would not skip the country if he were released.

Dozier has been sentenced to 10 years in prison for shaking down constituents for campaign contributions. "He would never leave us," testified Dozier's daughter, Denise Dozier Dupre. She said her father had a deep need to be with his children. "I know that. We need him, and he needs us." Alexandria attorney Camille Gravel, who defended Dozier in his September 1981 trial, said the former agriculture commissioner would lose his chance to appeal to the U.S.

Supreme Court if he ran. "I believe Mr. Dozier would comply with whatever requirements were imposed on him as a condition of his release," Gravel said. Dozier was arrested by FBI agents and jailed last Thursday. The warrant charged he sought a killer-for-hire in November of 1981, that he attempted to tamper with the jury that convicted him, and that he sought someone to burglarize the office of a business competitor.

Times Ruston Bureau COTTON VALLEY A 3-year-old child apparently drowned here Tuesday night in a bathtub containing about three inches of water, according to Webster Parish Coroner Dr. S. W. Pittman. Sandra Elledge, daughter of Mr.

and Mrs. James Elledge of Cotton Valley, was found face down in the tub after her mother had stepped out of the bathroom for several minutes, he said. Elledge and a neighbor immediately began cardio pulmonary resuscitation in an attempt to revive the child, Dr. Pittman said. She was then taken to Springhill Community Hospital where she was pronounced dead after further efforts to revive her failed.

The coroner said the child was apparently not a stranger to water and was large for her age. Her parents said she often played in much deeper water in a backyard wading pool and during baths often climbed in and out of the tub without assistance, he said. Logansport mayor charged Times Natchitoches Bureau MANSFIELD Logansport Mayor A.D. McGlathery Jr. was released on $1,500 bond Wednesday after his arrest on an aggravated rape charge, according to DeSoto Parish Sheriff Floyd Lambert.

McGlathery turned himself in to deputies at the parish courthouse several hours after a warrant for his arrest was issued by 11th Judicial District Judge Charles Brown. "This is the most ridiculous, outrageous fabricated smear job I've ever seen," said McGlathery. "It's so far out in the realm of fantasy that it's hard to fathom." Police Chief Carolyn Lee said the alleged victim, a 37-year-old Logansport woman, has a history of mental illness. The woman is being sought by Logansport police on a bench warrant for failure to appear in mayor's court Tuesday to answer several charges resulting from a mid-May incident. Lee said the woman was charged with careless and reckless driving, simple battery and resisting arrest in the incident.

The woman attacked the police chief after her car was stopped for a traffic violation, according to Lee. The rape was alleged to have occurred after McGlathery allowed the woman to go free on an appearance bond on May 20, the chief said. The mayor authorized the woman's release via telephone, said Lee, but the woman insisted upon thanking the mayor in person. She was at the mayor's residence for "about 10 minutes," the chief said, and returned to the police station and claimed she had been "set up." However, the woman refused to undergo an examination and refused to file charges until the next day, authorities said. Lambert said a parish grand jury will hear evidence in the rape case this summer.

Natchitoches probes threats Times Natchitoches Bureau NATCHITOCHES Local authorities Wednesday had no leads in their investigation of two early-morning bomb threats which forced the evacuation of a Northwestern State University dormitory and a local truck stop. City police said a man telephoned the bomb threats to police headquarters about 1:10 a.m. Wednesday. The caller said the bombs were planted at Louisiana Hall, a i women's dormitory, and the Natchitoches Truck Stop and Iwere set to explode at 2 a.m. Authorities evacuated more than 100 people from the two buildings.

However, no bombs were found, officials said. DeSoto funds repairs Times Natchitoches Bureau MANSFIELD The DeSoto Parish Police Jury has authorized $10,000 in repairs and improvements to the parish jail to comply with an order issued by U.S. District Judge Tom Stagg. Stagg's order requires the jail to be repainted, slightly remodeled and have better ventilation. He also ordered Sheriff Floyd Lambert to institute an exercise program for inmates and begin patrols of the three-story jail every 15 minutes.

The order came when Stagg recently dismissed a complaint filed by an inmate who claimed the jail was unfit for human habitation. Police Jury President W.C. Speights told jurors during a special meeting Tuesday that the panel had only two alternatives. "Either we make the repairs he wants or we close the jail down," he said. Juror Donald Snead noted there was really nothing to talk about because the only choice was to keep the jail open.

Lambert said he would need five additional deputies to comply with the order. Salaries would cost the parish a total of about $48,000 per year. The judge's order gave the jury 35 days to meet the requirements. The jury authorized a special committee composed of Lambert, Speights and juror Oscar Ricks to begin the renovation program. I The jail was built in 1912.

The jury is working on plans for a new $5 million facility but Lambert said the project won't be completed before 1986. Harrison mail ballots hit Times News Service i MARSHALL, Texas "Mail-order ballots" may determine the outcome of a runoff for a Harrison County justice of the peace post, incumbent Don Steelman charged Wednesday. Election officials said an "unusual number" of absentee ballots were requested by mail. The county clerk's office mailed out more than 885 ballots, over four times the number cast in person. County Clerk Glenn Link said an estimated 95 percent of the requests by mail were received from voters who said they were 65 or older.

Voters are also allowed to request ballots by mail if they are absent from the county, sick or have physical problems, confined to jail, or unable to vote on the day of the election because of religious beliefs. Steelman claimed that the "mail box instead of the ballot box" may determine the outcome of Saturday's Democratic runoff. "In all truth and honesty, it appears to me that there are a vast number of absentee votes that are circulating in this election too large a number, really to ever be able to say that all these people are over 65 or that all these people cannot get to the polling place," he said. "It is just unprecedented. This is, as I recall, one of the largest numbers of absentee votes that has ever been received in a runoff election.

There has never been anything like' this." Steelman said the winner of the race could be determined by the absentee box if a low turnout is recorded Saturday. Steelman is being challenged for the justice of the peace seat by Alphonza "AH Williams, a former deputy for the Harrison County Sheriff's Department. Williams was unavailable for comment Wednesday. Driver charged in Panola Times News Service CARTHAGE, Texas Authorities said a truck driver was charged with criminally negligent homicide Wednesday following a fatal two-truck crash just north of Carthage. The misdemeanor homicide charge was filed against Bernice Milton Henderson, 53, of Texarkana.

Killed in the accident was James Albert Buchanan, 36, of Hallsville. Highway patrolmen said the fiery accident occurred at 9:05 a.m. on U.S. Highway 59 one-half mile north of the Carthage city limits. Troopers said a flatbed lumber truck driven by Henderson turned into the path of Buchanan's cattle truck.

Buchanan was pinned inside his vehicle and pronounced dead at the scene. The lumber truck, which was attempting a left turn onto Spur 455, was struck broadside and burst into flames, a highway patrol spokesman said. Henderson was taken to a Carthage hospital where he was treated for minor injuries and released. TV ads attacked by White Coast Guard drops turtles into the gulf CORPUS -CHRISTI, Texas (UPI) More than ,1,500 Ridley turtles were carefully lowered Wednesday into the Gulf of Mexico to help replenish the stock of what was once a common turtle in waters off Mexico and the southern United States. -The U.S.

Coast Guard airlifted, the turtles from Galveston thfin the crew of a Coast Guard cutter dropped the turtles into the gulf 10 miles off Mustang Island east of Corpus ChristL Officials are hoping the turtles will make Padre Island their nesting ground, but the results of the experiment will not be known until the turtles reach sexual maturity at about In 1947, more than 40,000 female turtles nested on a 20-mile strip of. remote beach at Rancho Mexico, but fewer than 500 existed when the United States and Mexico agreed in 1978 to, try to save them. The eggs they had laid at Rancho Nuevo were being stolen by residents because they were 4' thought to be aphrodisiacs. So marine, officials collected the eggs in Mexico in 1978, incubated them- in Padre Island I nurtured them for six months Galveston then released them in the sea. The' process- has continued, officials believe the (turtles'; growth rate indicates the experiment is paid Connie Mock at the iGalveston laboratory of, the National Marine Fisheries Ser-pice One turtle released off the crease $86.7 million was granted to in October 1980 during Clinton's term before the rate case was completed.

He said N. M. "Mac" Norton, whom Clinton appointed chairman of the state Public Service Commission, drafted both those orders, but noted that Clinton doesn't mention that in his ads. White noted that his administration introduced legislation to stop utilities from collecting rates under bond before a final PSC decision is made; increased funding to the rSC from $2.3 million to $3.4 million a year and its staff from 72 to 93 positions and introduced; 'legislation to keep a 13 stricken at Hodge plant LITTLE ROCK, Ark. (UPI) Gov.

Frank White on Wednesday accused former Gov. Bill Clinton of telling "a slanderous lie" and "outrageous mis-truths" in recent television ads saying White has sold out to utilities. During a news conference at the state Capitol, White said recent television ads in which Clinton, a can-didate for the Democratic gubernatorial nomination, makes such claims are "totally "I'll just call it a slanderous lie," White said. "You're hearing some outrageous mistruths that are being put out on the political White said some of Clinton's biggest supporters were rnembers of the board of directors of Arkansas Power Light including Richard- P. Dick Herget' Jr- i of Little Rock, Kaneaster Hodges Jn of Newport and -William Nolan of El Dorado.

VI think it's obvious he doesn't run against Bill Clinton said later of White's statement 'It's, almost ludicrous to imply I had been friendly with the utilities. You have to wonder why they have been working for White and openly supporting (Joe) Purcell in the (Democratic) runoff. "The utilities are working against me. It's part of a carefully orchestrated conspiracy to try to beat me again," Clinton said. "I'm not anti-utility.

I just don't believe the governor ought to be in their hip pocket." "His memory is very short," White said of Clinton, whom he defeated in the 1980 general election. He noted that, while a record 104 million annual rate increase was granted to year during his bonded rate ratepayers advocacy -division in the attorney general's Officii when federi al funding forone 'fj-'l As him for. abolishing' the state! Department shortly atter; taking; of-j ficei: White did so because was absolutely nothing they were. doing that the Public. Commission or the attorney general's, office couldn't do." White said such allegations by Gin? ton were indicative of the "very negative" campaign he would face if Clinton were his opponent in the November general election; White, who correctly predicted two weeks ago that Purcell would force June 8 runoff with CLinton in the Democratic primary, would not pre-S diet who would win that race, nor would he say who he would rather'-s face J.J However, White said hrace ap-fl hospital declined any comment.

Operations of the mill were reportedly unaffected by the incidents. I A single plant ambulance was used to transport victims, but most rode to the hospital in private vehicles, according to the CFI spokesman. The fumes were said to cause burning in the eyes, throat and nose and heavy exposure could result in damage to the mucous membrane and lungs. According to the CFI spokesman, the workers were involved in part of a $64 million modernization project at the facility. The mill began opera- tions in 1928 and is the mainstay of the Jonesboro-Hodge economy with 1,500 to 2,000 workers employed.

Estimated payroll for the. plant is $39 By GARY WALKER Times Ruston Bureau HODGE At least 13 workers have been hospitalized after being exposed to fumes in two separate incidents Tuesday night at the Continental Forest Industries plant here. A CFI spokesman, who asked not to be identified, said Wednesday that toxic sulfuric acid fumes were "liberated from a tank" and spread to a work area, affecting three workers for C.T. Maine Construction seven employees of Cleveland Consolidated Inc. and one CFI employee.

In what was termed "an unrelated incident," two other workers for C.T. Maine Construction were later exposed to hydrogen sulfide gas, which is used in an evaporation proc- ess. Both men were treated and released from Jackson Parish Hospital. Cleveland Consolidated reported one worker remained hospitalized Wednesday from the first incident and six others were treated and released. According to the CFI spokesman, "There was no explosion.

It had to be dealt with prudently and the prudent thing to do was take these people to the hospital and have them checked." CFI reported there was a "problem in a byproducts process which uses sulfuric acid, a common industrial chemical." Five more workers were reportedly admitted for observation Wednesday. The names of the men were not made available by the companies and lorida coast in 1980 was found years later on a beach in ranee, Mock sad. The turtle believed to have ridden the ulf Stream across the Allan-- ic. luuuun In.