The Baltimore Sun from Baltimore, Maryland • Page 25

Local Sports Classified THE SUN, Tuesday, July 25, 1978 Cl Charges returned in Allegany Graft indictments in sheriffs office said to touch 8 B.G.& E. to seek rate increase Current charges fail to yield allowed return, firm says Br JAMES" OUTMAN Baltimore Gas and Electric Company said yesterday it will ask the Maryland Public Service Commission In the "next few months" (or a $30 million to $35 million rate Increase because the utility Is not earning its authorized rate of return. The news of the rate rise request came less than eight months after the Public Service Commission authorized a B. G. E.

rate increase totaling $72.9 million million for electric service and $17.5 million for gas service. The combination was the largest single Increase the utility has ever been authorized, but it (ell (ar short of the $124.7 million increase the company bad sought. Under Maryland law, utilities may seek rate Increases, in accelerated PSC proceedings that should result in a decision within 90 days of filing, to earn the rate of return approved by the PSC. B. G.

said it is not earning the allowable 9.11 per cent rate of return (it reported earning 8.14 per cent in the 12 months that ended June 30) because of inflation and other factors. The company's plan to seek further rate boosts this year was revealed in a speech delivered by C. Edward Uter-mohle. chairman of B. G.

at a meeting of the New York Society of Security Analysts. It came the same day the utility posted major gains in net income and common-stock earnings for both the second quarter and first six months of 1978, compared with levels in similar periods a year ago. B. G. according to spokesman Charles J.

Franklin, could not yet say precisely when the new rate-rise application might be filed. Maryland law, be said, requires that the percentage increase sought In so-called "make-whole" pro- 2d Landau killer guilty Sentencing delayed for seeker of physician's drugs Bjr KAREN E. WARMKESSEL ToiCMti Bureau 0 The Sun An 18-year-old Reisterstowo youth pleaded guilty yesterday to the first-degree murder of Dr. Walter S. Landau, an elderly physician and allergy specialist who was bludgeoned to death in his home last October.

Kenneth G. Mercier, the defendant, 1 told police that he and a co-defendant, John H. Emge 3d, of Owings Mills, had not intended to kill the 81-year-old doctor when they broke into his house October in search of drugs. "We didn't mean to kill him. It just got carried away," Mercier told detectives, according to evidence introduced yesterday at his one-day trial in Baltimore County Circuit Court Dr.

Landau, a highly respected pioneer in the study of allergies who maintained a private practice at his Reisterstowo home in the first block Hanover road until his death, died of a fractured skull and massive bead injuries stemming from repeated blows. The slight, brown-haired Mercier youth, who lives in the 200 block Cone-wood tvenue, faces a mandatory life sentence, but Judge William R. Buchanan delayed sentencing and granted a defense request for a presentence probation evaluation. Mercier's 18-year-old co-defendant was sentenced to life imprisonment March 20 -'after he also pleaded guilty to a first de-rgree murder charge in county Circuit Court. J.

Edward Davis, Mercier's lawyer, asked Judge Buchanan to refer Mercier to Patuxent Institution in Jessup so that be could receive treatment for his psychological problems. The defendant, Mr. Davis said, has made a "rather intensive career" of drug abuse, starting at age 11. By the time be was 13, Mercier was using a variety of hard and soft drugs, and in the past several yean has used phencyclidine, or PCP, almost daily, the lawyer said. Mercier, like Emge, has no prior criminal record, Mark A.

Van Bavel, the prosecutor, Mid. Both youths agreed to plead guilty to first-degree murder charges in exchange for the state's dropping lesser charges against them. They originally bad entered pleas of innocent by reason of insanity. According to a statement of facts agreed upon by the defense and prosecution, the youths broke into Dr. Landau's bouse about 12.30 A.M.

looking for drugs. Emge said he had been smoking PCP prior to the break-In. They watched the frail, old physician who weighed little more than 100 pounds when be died-go to bed and then broke in through a kitchen window, evidence held. Emge said he hit Dr. Landau on the head with a vase when the doctor awoke Fashion firsts William Scasloa (left) and Melissa Byrd, both brand new, sport special T-shirts to tell friends where they made their appearance.

The shirts are now given to mothers of all babies delivered at Union Memorial Hospital. The boys' messages are In "baby blue" and the girls' are "hot pink," the hospital said. This is easier than offering a choice. By ROGER TWIGO Sun Staff Comtfonitnt Cumberland-An Allegany county grand jury met in special session here yesterday and returned sealed Indictments resulting from a six-month State Police investigation into alleged corrupt activities in the county sheriffs office. Sources said that as many as persons may have been Indicted.

The same sources said that as many as 50 counts may have been contained in the indictments, which were placed in the safe of the circuit court clerk. The court clerk said he expected the Indictments to be unsealed this morning. He added that the court would have to swear in a State Police representative to serve at least one of the warrants, which Some jurors find parking tickett waiting for them in Cumberland C2 are normally served by the sheriffs office. Some persons are expected to surrender before the warrants are served. The 23 jurors went into session at 9.15 A.M.

along with Gerald D. Glass, Maryland's newly appointed special prosecutor, and handed up the indictments at 12.50 P.M. The Indictments resulted from Mr. Glass's first major investigation since his position was created by the General Assembly last year. Part of the morning session concerned Mr.

Glass's power to seek indictments in this Western Maryland community, sources said. The question was resolved after consultation with a Circuit Court judge. Mr. Glass returned to Baltimore immediately alter the indictments were banded up and was unavailable for comment. Sources uid that the State Police Investigation was "extremely productive" and may result in further grand jury action.

Approximately 50 persons, including prisoners and ex-inmates of the Allegany county jail, which is managed by the sheriff's office, went before the grand jury between July 10 and July 14. State police investigators have been looking into the disappearance of seven pounds of marijuana from an evidence storage area at the county jaiL Additionally they were looking into charges that sheriff's deputies were involved in the sale and distribution of marijuana and barbiturates In the two-story jail, located on Prospect square behind the county courthouse. There were also allegations that jail trustees had smuggled drugs into the facility, that an illegal recording device was planted in a room used by lawyers and prisoners and that prisoners were being given unauthorized leave on weekends and holidays. The charges against the sheriffs deputies at the modern jail stem from the suspension of a 24-year-old deputy sheriff, Sunn Lynn White, by Sheriff Francis D. Michaels, for allegedly violating II departmental regulations.

Miss White was subsequently returned to duty after a court order was obtained by her attorney, Joseph it Galten. She Is now on medical leave. There are currently 27 deputy sheriffs, Including 10 who are working under the Comprehensive Employment Training Act (CETA), employed at the jail, which bouses an average of 25 to 40 prisoners. ARY E. W.

RISTEAU 1953 photograph Miss Risteau, legislator, dies at 88 By MATTHEW SEIDEN Mary E. W. Risteau, the first woman to serve in the Maryland legislature, died early yesterday morning at her Harford county farm. She was S3. The early pioneer for women's rights had been bedridden sir? May with a heart condition, friends k'A relatives said.

"Woman has erased to be a rib and has become rr.an's ritb: hand," Miss Risteau said in 1921 after her election to the House of Delegates. Her historic victory aroused a flurry of concern in Annapolis where male legislators wondered if they could still smoke in the lounges and put their feet up on their desks in the presence of a woman. One senator asked if it was proper to invite the maiden legislator to legislative parties. "I intend to work with the men instead of trying to be independent of them," she tried to assure her new colleagues. "I would consider it a poor tribute to the memory of my father and brothers if I were to take any other view of it." "I'm not a reformer or an extremist of any kind, and I'm not in favor of any isms whatsoever.

I just want to do all I can for good government," she added. Miss Risteau surprised many of her colleagues and set some of their fears to rest when she came out against Prohibition, joining the state's "wet" forces in the fight to legalize alcoholic beverages, which were then banned. The former teacher who inherited and ran a 350-acre family farm also became a champion of the state's schools and farmers. "I put the toft pedal on the fact that I was a woman," she said during her first year in office. "That isn't the point at all.

I made the electoral) fight because I believed I could help the men get some of the things we need (or schools and farmers." "She was small in stature but she sure could make her voice heard," uid a former ttatehouse reporter who remembered Miss Risteau from 1950 when she returned to serve a third term In the House of Delegates. "As far as she was concerned, the was one of the boys," the reporter recalled. After serving two terms in the House in the 1920't, the short, blue-eyed Democrat became the first woman to serve in the tUte Senate, In 1934. The woman who became known as "the lady of firsts" became the first woman clerk of the Harford County Circuit Court, In 1937. Two years later, she was appointed state commissioner of loans, another See RISTEAU, CJ, Col.

I 2 gunmen rob home of ex-Teamster leader After ransacking the house, the men removed 1500 ash, a portable television, a rifle and several pieces of jewelry. Police could not determine the value of the jewelry. The robbers, both described as young men about 6 feet tall, carried their toot to a car they had parked outside and drove away early yesterday, Investigators noted. Mr. DeBrouse lost the presidency of Teamsters Local (39, the largest in the Washington area, in an election last year.

He now heads Gotham Building Maintenance In Washington. He Is currently under investigation by the US. attorney's office in Baltimore in connection with allegations of racketeering involving unions and Baltimore and Washington construction firms. Investigators have subpoenaed records relating to John Lyons, a Washington contractor who owns the borne-building company that built Mr. DeBrouse 's Davidsonvllle dwelling in 1973 and 1974.

The federal Investigation came to public attention after the murder In May of a Frederick county contractor and horseman who had appeared before (he grand jury. and that Mercier later hit him several times, the statement said. Mr. Van Bavel uid It is believed that Dr. Landau was beaten with a flashlight and a candy dish was smashed over his head.

They ransacked several rooms and fled after taking drugs, syringes, and other items belonging to the doctor, according to the evidence. A black suitcase filled with demerol, phenobarbitol and other drug equipment was recovered in a Kirch of Mirder's bedroom by police. Judge to hold hearing on McDonogh Mall vote ceecunp oe eouai for eacn classification of customers, but the percentage boost in this case is not yet known. Mr. Franklin would not elaborate on why the utility has been unable to earn the permissible rate of return.

At the same time, be uid that earnings are (ailing short of the PSCs expectations, and that even the 9.11 per cent authorized rate of return is inadequate. Mr. Uter-mohle painted (or the security analysts a bright picture about the finances of the company, which recently raised its annual dividend rate by 12 cents a share to $2.21 a share. The utility, he uid, had pre-tax earnings 34 times its interest payments (or the 12 months that ended June $0, compared with 2.9 times (or 1977 and 2.5 times in 1974. Further, while 58 per cent of B.

G. E's earnings in 1974 stemmed from allowance (or funds used during construction, only 6 per cent of earnings came from this non-operating income in both 1977 and in the 12 months that ended June In the second quarter, according to the utility, net income totaled $27,190,000 ($23,34 1,000 on common stock) or 76 cents a share, up from $20,773,000 on common stock) or it cents a share in the second period of 1977. Total revenues advanced to from Net income for the first six months of amounted to ($51,808,000 on common stock) or $1.91 a share, well above the (143,226,000 on common stock) or (1.49 a share in the See ELECTRIC, C3, Col, I number of people, Including Mr. Needle and at least two of his secretaries, without the attestants appearing before a notary public. Mr.

Needle and some of his associates in the petition to block the zoning of the property (or a shopping center have acknowledged that In gathering to many signatures, there may have been "irregularities" in the affidavits or notarizations of some. But they have declared there was no intent to defraud, and that in a court test they could produce more than enough witnesses to testify to having signed and attested the petitions knowingly and legitimately to make the question moot. Judge Ralne did not address the fraud allegations, but ruled only on the narrow legal point that the language of the affidavit on each sheet did not meet the charter requirement that the procurer have "per- i sons! knowledge" of each signature submitted over bis attestation. Mr. Sussman uid he hoped to have an early trial ol the case on its merits, and he said he believed it could be after Judge Hainc returns and before the election.

out the state. "I'm sure there are lots of illegal signs out there," Mr. Stein uid. "But what can I do?" "If they take their signs down after the election," he continued, "well, then, what's the problem? We'd drop it there." "But if somebody asks me about It, I can't tell them, 'well, look, you know he added. "The law says I must do violation reports.

If I don't go according to the See SIGN, C3, Col. 5 Two gunmen forced their way into the Anne Arundel county home of a former Washington Teamsters leader and escaped early yesterday with over $500 In cash after tieing up (our persons In the house, authorities reported. No one was injured during the robbery in which Frank DeBrouse, former head of Teamsters Local (39, bis wife, teen-aged daughter and a young man were held at gunpoint (or over two hours, Anne Arundel county police uid. The incident began about 10.15 Sunday, officers reported, when two men knocked on the front door of Mr. De-Brouse's Davidsonvllle (Md.t home.

One of the men uid his car had broken down and that be needed to call bis wife. Once inside the house, however, both men pulled handguns out of their pockets and forced Mr. DeBrouse, 46, bis wife, Gloria DeBrouse, 41, their daughter, Tina M. DeBrouse, II, and Charles K. Smith, 19, of Gambrills, into a family room on the first floor, according to police reports.

The robbers bound the hands of all four persons with rope and took turns searching the bouse for valuables and standing guard over the hostages. had already appealed Judge Raine's order to the state appellate courts, removing the matter from Circuit Court jurisdiction. Mr. Sussman uid Mr. Needle should have sought a stay at the appellate level, not from Judge Land.

Judge Ralne had left (or vacation by the time Mr. Needle's motions were prepared. The partnership's lawyer also uid Judge Land should have required Mr. Needle to post a bond (or the order. Mr.

Sussman uid the lack of bond made Judge Land's order defective because the Needle motion did not meet the legal requirements for exceptions In which bond is not required, Mr. Needle uid, "I believe the Circuit Court has jurisdiction because it had not been appealed at the time the order was signed." He uid the appeal notices were mailed to Annapolis while the stay order was band-carried to Judge Land for signature. "I could file a request (or a stay with the Court of Appeals, If necessary," Mr. Needle uid. "I feel the logic and the reasoning of such a question on the ballot is so compelling and reasonable that I would get it at any level." Political sign By KAREN HOSLEB Annapdu lluriau of The Sun A state law requiring permits to be obtained before political signs can be displayed along sU's roadways probably cannot be enforced, according to the state official charged with doing exactly that "We must give them (candidates 15 days' notice to correct the violation, then another 15 days' notice that the state intends to take the sign down," Morris Stein, of the state highway administration, uid He uid be believed that bond would on ly be required when "monetary damages are Involved," which Mr.

Needle uid they were not in the present case, Mr. Needle also uid that an order such as Judge Land stoned did not require a hearing. He uid that all of the cases Mr. Sussman cited in challenging Judge Land's jurisdiction involved Incidents In which a lower court ruled on a point "months" after the appeal had been filed. appeal was simultaneous," be uid.

Mr. Sussman has also (lied another batch of depositions from persons who were Involved in the 1978 petition drive that produced 28,000 signatures opposing the zoning of the tract The elections board ruled that about 23,000 of the signatures were valid, about 5,000 more than are required to place a question on referendum. The lawyer has charged that there was "pervasive fraud" in the petition campaign, particularly in the way signatures were notarized. The depositions indicate that persons signed the affidavits without having actually witnessed the and that the affidavits were notarized by a By ROBERT A. ERLANDSON Toicton Bum of Sun The McDonogh Mall referendum dispute took another legal twist yesterday as Judge Marvin J.

Land scheduled a bearing Friday on his order staying another judge Injunction to keep the issue off the November 7 ballot. Irwin M. Sutsman, a lawyer (or the Lyons Mill Partnership, which wants to develop a shopping center on the 42-acre tract at McDonogh lane and Reisterstown road, tiled a motion complaining that Judge Land had overturned an Injunction Issued by Judge John E. Ralne, without giving bis clients a chance to be heard. Judge Ralne ruled last Wednesday In Baltimore County Circuit Court that the referendum could not appear on the ballot because the all idaviU attesting to the tig-natures on the petition sheets did not conform to county charter requirements.

Last Friday, Judge Land ordered a stay pending an appeal of the Injunction. The opponents hope to overturn the portion of the county zoning map, adopted by the County Council in 1978, where the controversy tract is located. It had been zoned "business major" before the rezon-ing and (hat classification was retained in thcrczoning. Judge Ralne uid voter approval of the referendum would cause the entire Second Councilmanic district zoning map to be voided. He uid this would cause the properties to revert to their former zoning categories, so the Lyons Mill Partnership land would not be affected.

In papers filed yesterday In Circuit Court, Mr. Sussman also challenged Judge Land's authority to Issue an order staying Judge Raine's injunction. He said Delegate Howard J. Needle 12th, Baltimore county), a candidate for county executive and leader of the petition drive to block the proposed mall, law enforcement doubted lf i 7' i yesterday. "Then we have to get permission from the owner of the property to come in and remove the sign," Mr.

Stein continued. "If the owner refuses, we turn the matter over to the attorney general's office. By that time, the election will probably be over." Further impeding the process, he uid, there are only seven Inspectors-one of whom has been suspended for an unrelated matter-to look for violations through Skimming the surface Workers from the American Cooperage and Steel Drum Company began cleaning up oil which spilled into the harbor from the firm's plant In the Canton area yesterday, A Coast Guard spokesman said the spill, Involving at least 100 gallons of oil, was still under Investigation..