The Star Press from Muncie, Indiana • Page 14

THE MUNCIE STAR, WEDNESDAY, JANUARY 16, 1991 PAGE 14 County Sued for Wrongful Arrest Bush to Release More Aid for El Salvador By CINDY CARSON Star Staff Reporter A Muncie man who claims he was wrongfully arrested and charged with murder in January 1989 filed a lawsuit against county officials Tuesday seeking almost $1 million in damages. Vance C. Hiatt III, 31, filed the complaint in Superior Court 3 asking for at least $300,000 on each of three HIATT counts. The suit names the county board of commissioners, the county police department and "unknown agents thereof," and former Proseuctor Raymond Brassart, former Deputy Prosecutor Donald McClellan, Sheriff Dan Elliott and county police Henry County Jail, which "did not provide an adequate place for housing and detention of inmates." Because he suffered "unnecessary rigors" at both facilities, and because he was denied counsel at the time of his arrest, Hiatt is asking for at least $300,000 in damages. His "attorney, H.

Erskine Cherry of Anderson, also asked for damages to cover Hiatt's legal fees at the time of his arrest and legal fees pertaining to the suit filed Tuesday. Hiatt, his father and Cherry were not available for comment Tuesday evening. In October 1989, the county government's insurance carrier refused to pay a claim for at least $300,000 in damages submitted by Hiatt because, they said, an investigation into the matter showed "there was probable cause for the arrest and detention." Capt. Jerry Cook, individually and in their capacity as county officials. Hiatt was arrested Jan.

15, 1989,. and was held in the county jail until Feb. 6 of that year when the charge was dismissed "in the interest of justice." Police arrested Hiatt after Stephen Johnson of Albany told them he had seen Hiatt bury Harry Dean Baker. Johnson led police to a shallow grave in northwestern Delaware County where a man's body was discovered. Baker was 26 when he was reported missing in 1986.

Baker apparently gave authorities the information after they promised to dismiss a burglary charge pending against him. But 3 weeks after Hiatt was arrested, Brassart dropped the charge. Hiatt, then represented by Richard Reed, had been able to provide information, including photographs, that proved he was with his father and a group of friends at of the Farabundo Marti National Liberation Front, known by its Spanish initials FMLN. As a warning to the rebels, the law said the money could be restored by the president if the FMLN failed to negotiate in good faith or continued to rely on violence to achieve its goals. Bush cited what he called "intransigence in negotiating" by the FMLN and a "clear violation" of the standards set by Congress.

He said the rebels had been "engaging in acts of violence directed at civilian targets" and acquiring "significant shipments of lethal military assistance from outside El Salvador." This was an apparent reference to the acquisiton of Soviet-made anti-aircraft missiles from the Sandinista-controlled Nicara-guan Army. Those missiles have been used to down government attack planes. In explaining his decision to hold up the money until the March elections, Bush said, "If the FMLN takes a serious and constructive approach to the peace talks so that they result in a political settlement and a UN supervised cease-fire within 60 days, these funds will not need to be released for the defense of El Salvador's security." "The time for war in El Salvador is over, the time for a peace settlement is now," Bush said. Cop's Son Gets 3 Years By CINDY CARSON Star Staff Reporter A Muncie man found guilty of attacking a police officer received a 3-year prison sentence Monday. Larry Monroe son of Muncie police officer Larry Monroe, was found guilty on three counts during a trial in Delaware Superior Court 4 in December.

Monroe and his brother, Derrick, were charged with attacking Muncie Patrolman Brian Fox on May 27 when he and another officer went to a home on West 10th Street. A woman had asked police for help, claiming the younger Monroe had punched her when she tried to get her 7-week-old baby from its father. That conviction was the. second time in December that a Superior 4 jury had found Monroe guilty of offenses that included resisting arrest and battery on a law enforcement officer. On the earlier matter, Monroe received a 1-year sentence for resisting arrest and a WASHINGTON (AP) President Bush told Congress Monday that he has decided t'o free in military aid for the government of El Salvador, saying Salvadoran rebels are committing human-rights abuses and grabbing weapons.

But Bush said he would hold up dispensing the money for 60 days to coincide with elections in March for the Salvadoran National Assembly. This will give peace negotiations under the auspices of the United Nations "every chance to work," Bush said in a statement J'The United States is prepared to go the last mile for peace in El Salvador," Bush said. "We are not prepared to sacrifice the security of the elected government or of American citizens." He said he might "release military assistance sooner than 60 days in case of a compelling security need." The president's decision was communicated to Congress as part of a status report on El Salvador's peace process and its investigation of the November 1989 murders of six Jesuit priests, their housekeeper and her teenage daughter. Under the 1991 foreign-aid law, half the $85 million in military aid for El Salvador was frozen in an effort to encourage the government to reach a negotiated peace settlement with the rebels Speech- (Continued From Page 1) sider a policy allowing the high school principal to determine the content of the student newspaper. Jeff Lovell, a 1990 graduate of Fort Wayne Northrop High School, recalled a series of articles he wrote about a tennis coach who allegedly misappropriated funds.

The series did not see print, Lovell said, even though "the principal told me the articles were accurate, well written, well documented and true." Not only was the series squashed, the principal "used it as a bargaining tool" to get the coach to resign, Lovell said. Goodall's bill won raves from the Indiana State Teachers Association, the Indiana Federation of Teachers, the Hoosier State Press Association, the Indiana Civil Liberties Union and Indiana University. House Bill 1052 would make school officials immune from responsibility if a publication was found to be obscene or libelous or if it incited students to break the law. "The obvious rationale is if you are telling administrators to keep their hands off materials, it would be strange to make them liable for the publication," said Richard Cardwell, general counsel for the state press association. Lobbyists for principals and school boards were wary.

"Under this bill, students could have an R-rated movie club after school; they could have a satanic club," said David Emmert, general counsel for the Indiana School Boards Association. "We're getting into all expres Del-Corn Expects Enrollment to the Miller 400 race in Nashville, on the weekend Johnson claimed he saw Hiatt dragging Baker across the field where he was buried. Count I claims Hiatt was held without warrant "and without there being any reasonable basis or suspicion upon which a reasonable person would have detained" him. Hiatt asks at least $300,000 for damages, both physical and mental, stemming from the false arrest Count II claims McClellan and Elliott did not tell the court about the deal with Johnson or that McClellan had participated in the investigation even before Hiatt's arrest. Hiatt seeks at least $300,000 for the damage caused "as a result of the malicious prosecution." Count III claims county officials violated Hiatt's constitutional rights by holding him without bail in the Delaware County Jail and the for Attack told his parents Woods had given him $2 in change after sexually abusing him.

The charges Tuesday were filed in Delaware Superior Court 2. The standard prison term on a class felony is 10 years; 18 months is the standard term for a class felony. Rape Suspect Arrested A Muncie man who was released from jail on a $50,000 bond while awaiting trial on a charge of rape was arrested Friday for driving while intoxicated and possession of marijuana. Richard A. Erwin, 22, 1701 S.

Walnut was arrested in July and charged with the rape of a Muncie woman who said she had offered to give him a ride home from a local tavern. The victim told police that she drove Erwin to Heekin Park instead and that he attacked her there. Rape filed as a class A felony carries a standard 30-year term. Although Erwin was appointed a According to Creasy, the stabilization is a direct contrast to the trend during the years from 1980 to 1990. "We had a dramatic drop in the '80s," Creasy said.

McKibben's report said the total school district population dropped from 16,553 in 1980 to an estimated 15,360 in 1990. He blamed the drop on two demographic trends acting together. "There was an increased amount of net outmigration and there was a decline in the overall fertility rate," he said in his Action taken by the board at Tuesday's meeting included Idopt-ing a resolution authorizing the transfer of funds within the 1990 budget. Creasy explained the procedure Spender (Continued From Page 1) elections. About 70 individuals, all but a handful of them from Muncie, contributed more than $100 each to Schre-congost.

Her largest individual contributor, Jon Holden DeHaan, was from Indianapolis. He gave SCHRECONGOST $3,500. She also received funds from about 30 political action committees, organizations, other legislative candidates and businesses, including $2,100 from Rutter Communications Network, which sells local advertising on cable television. The state Republican Party gave Schrecongost a $19,271 in-kind contribution, which showed up on the report as a receipt and expense. "They spent it on our behalf," said Muncie accountant Alan Simmons, Schrecongost's treasurer.

The state chamber of commerce PAC Indiana Business Political Action Committee donated 796 to Schrecongost. Savings, bank, hospital, retailers and grocers PACs also contributed to Schrecongost's campaign. Schrecongost, who refused to debate Carmichael and relied heavily on' direct mailings and media advertising, paid $41,123 to Patrick and Partners, 201 E. Jackson for "media services." She spent nearly $7,000 for postage, $1,700 for typists, $2,200 for yard signs, $4,100 for printing and $9,000 for a survey conducted by Harte Hanks Marketing, River Edge, N.J. "I set out to spend a lot less and kind of reacted to what she was spending," Carmichael said Tuesday.

"I'm not proud of how much we spent. Maybe one of these days we can cut it back." Carmichael received contribu- on Officer public defender on that charge, he later posted the required amount on a $50,000 bond and was released from jail. Trial has been set for April 1 in Delaware Circuit Court. Erwin was arrested by a state police officer at 11:46 p.m. Jan.

11. The charge of driving under the influence of alcohol is a class misdemeanor. However, police say they found marijuana on Erwin when he was taken to the county jail. That charge was filed as a class A misdemeanor, which carries a jail term of up to a year. Erwin was released the next day to the custody of a bail supervisor.

To have held him, jail personnel said, would have required a judge's order revoking Erwin's earlier bond. Personnel in the county prosecutor's office on Tuesday said they had not recognized Erwin as the man awaiting trial on rape when the misdemeanor charges were filed. Stabilize moved funds from one account to another within the budget. "It's a normal transaction done simply to balance the books," Creasy said. "When you work with amounts in the millions, it's difficult to plan in August a budget which will balance perfectly in December." In other matters, the board: Approved the resignation of Delta Middle School food service employee Mary Brown.

Approved a request for the Delta High School Band to tour Washington, D.C., and New York City during spring break. Approved several requests from teachers to attend workshops and seminars. Tabled, because of the "world situation at this time," a request for a class trip to Europe. The next regular meeting is scheduled for 7:30 p.m. next Tuesday.

tions from nearly 30 PACs, including labor organizations. The state Democratic Party made a $6,602 in-kind contribution. He spent more than $13,000 on newspaper advertising and nearly $6,000 on postage. Carmichael in October told The Star he regretted the amount spent on legislative races. He said he "got a kick out of" spending less than his opponents and "still winning." Reed spent four times more than his Republican opponent, Wilson, who listed $8,664 in expenses.

Meanwhile, State Sen. Allie Cray-craft, D-Selma, who had opposition in the primary and general elections, raised $53,321 and spent $48,527. His general-election opponent, Republican County Councilman Richard Thomburg, did not file a report. State Rep. Hurley Goodall, D-Muncie, raised $12,018 and spent $4,364.

Among judicial candidates, Superior Court 1 Judge Robert Barnet Jr. and Brassart raised the most Barnet $9,558 and Brassart $9,806. Democrat Ron Bonham, who was elected county commissioner, raised $13,974, and Republican Kent Riggin, elected auditor, raised $10,789. No other candidates for county office at least those who filed reports spent more than $10,000. Riggin's opponent, incumbent Democrat Jerry Thornburg, did not file a report.

Neither did Democratic Sheriff Dan Elliott, who won re-election. Eyesores- (Continued From Page 1) building owner, and the case has been scheduled for a March trial, according to Ronald Smith, assistant city attorney. Goddard Realty President Charles Goddard had informed the city that demolition would begin Local Court News 60-day jail term on an alcohol-related misdemeanor. The younger Monroe still faces several other misdemeanor charges filed in Delaware Superior Court 4 on unrelated offenses. Charges Filed Again The Delaware County prosecutor's office on Tuesday again filed charges against a Muncie man accused of sexually molesting a mentally handicapped teenager.

Earlier in the month, a similar charge filed in September against Jimmie Lee Woods, 48, 719 E. Seventh was dismissed by Chief Deputy Prosecutor J.A. Cummins, who said more work needed to be done on the case. On Tuesday, a charge of criminal deviate conduct, a class felony, and a charge of sexual battery, a class felony, were filed against Woods. Police say the 18-year-old victim breakdown by township projected increases: From 791 to 799 in Delaware Township.

From 1,503 to 1,561 in Hamilton Township. From 216 to 230 in Niles Township. In Union Township, a decrease from 715 to 711 is expected. A needs assessment of the total population, compared to the school-age population, showed an opposite trend. Figures project a drop to 15,170 from 15,360 for the overall population, with decreases in all townships.

Expected drops by township breakdown include 3,830 from 3,860 Delaware, 7,110 from 7,190 in Hamilton, 1,180 from 1,240 in Niles and 3,050 from 3,070 in Union. for Jail System Hear said the bids fell within the price range expected by the project's engineers, MSKTD and Associates, Fort Wayne. The attorney said the system would save the county a "tremendous" sum of money in litigation expenses. The system provides "lots of safeguards for the he said. For example, if an inmate is injured, "it will now be possible to determine how it occurred." Or, if there is "improper supervision or management of the jail, it will now be possible to confirm," he added.

A contract will be awarded after MSKTD reviews the bids. The bid opening was delayed until Tuesday because of confusion as to whether the bids were supposed to be opened Monday at 9:30 a.m. or 9:30 p.m. Though some bidders received notice that bids were to be opened at 9:30 a.m., commissioners extended the deadline 12 hours. As a result, a fourth firm submitted a bid.

Bid specifications for other security equipment to be installed in the building, including duress alarms for courtrooms, are not finished. Selection of Student of the Month is determined by performance, attitude and overall participation. Items may be submitted to School News, Tbe Muncie Star, P.O. Box 2408, Muncie, Ind. 47307.

The items must be legibly printed and must include the name and telephone number ot an individual who might be contacted for more information. The Star does not accept items for School News by telephone. Emergency Runs sion," Emmert said. "Kids wear satanic symbols and racist symbols in the form of jewelry, T-shirts that advocate marijuana use. That is expression this bill would protect." Emmert complained that a student newspaper at an Indianapolis high school had accepted advertising from "a gay-lesbian youth hotline" before a principal intervened.

Committee member Rep. Stephen Gabet, R-Grabill, who is a teacher, also had problems with Goodall's bill. "I worry this bill goes too far," Gabet said. "It doesn't really reflect the real world, and it takes all the supervision away from school boards." Gabet asked Goodall whether a lapel button advocating white supremacy would be protected under the bill. "I think it would be," said Goodall, who is black.

Lambert- (Continued From Page 1) was dropped, she said, after she and Lambert married. Mrs. Lambert said she had not been able to see her husband since his arrest Jan. 28, but she planned to visit him today. "There are a lot of questions that haven't been answered," Mrs.

Lambert said about the murder charge filed against her husband. "There's a lot of holes in the stories they're telling about him. He would never have done that. Never. I believe he's been set up." Beacon and 16th streets, 8:11 a.m.

Van driven by Mildred I. Jarnigan, 62, 2305 S. Perm St, and car driven by Michael D. Jamison, 18, 1010 W. Parkway Drive.

High and Charles streets, 11:37 a.m. Cars driven by Linda K. Pierce, 40, Anderson, and Diana K. Winfrey, 37, 2318 E. Eighth St TUlotson Avenue, south of North Street, 1:04 p.m.

Pickup truck driven by Chart D. Heifner, 34, Alexandria, and van driven by Daniel Nagy, 29, Highland, Mich. FIRE ALARMS Tuesday 8:28 a m. Ninth Street and Gilman Avenue, car fire, total loss to vehicle to 1983 OldsmobUe owned by Donna Davis, 2 squad, 3 pumper. 10:21 p.m.

1300 S. Jefferson St, investigation, 2 squad. AMBULANCE RUNS Tuesday 11:20 p.m. Walnut Street and Columbus Avenue, traffic accident, paUent taken to BaU Hospital Wednesday 4:11 a.m. 702 S.

Ribble injury, patient taken to BaU Hospital. 7:30 a.m. Memorial Drive and Country Club Road, traffic accident, paUent taken to Ball Hospital. 9:39 a.m. 4221 E.

Jackson St, Illness, paUent taken to BaU Hospital. 9:45 a.m. BaU State University, Bracken Library, 1100 N. McKinley illness, paUent taken to Ball Hospital. 10:18 a.m.

5002 Kilgore man down, patient taken to Ball Hospital. 11:38 a.m. Gillespie Tower Apartments, 701 W. Jackson Injury, paUent taken to BaU Hospital. 5:18 p.m.

9615 S. Olive Road, illness, patient taken to BaU Hospital. 5:47 p.m. Gillespie Tower Apartments, 701 W. Jackson St, Illness, paUent taken to BaU Hospital.

6:39 p.m Eaton-Wheeling Pike, west of Wheeling Pike, illness, paUent taken to BaU Hospital. 6:53 p.m. Ball State University, Stude-baker East Complez, Menk Halt 1301 W. Neely illness, paUent declined treatment 8:05 p.m. 3001 Opechee Drive, illness, patient declined treatment.

9:07 p.m. 1822 W. Seventh coroner's case. 9:40 p.m. Delaware County Roads 800-E and 20O-N, Ulness, paUent taken to BaU Hospital.

10:17 p.m. 230 N. Vine St. illness, paUent taken to BaU Hospital. By CAROL SINGER Star Staff Reporter Enrollment in Delaware Community Schools is expected to stabilize during the next few years, according to Supt.

Martin B. Creasy. Creasy told the school board Tuesday an analysis compiled by Jerome McKibben of Indiana University projected school populations would even show a slight increase. "We will be working with essentially the same school populations we have been," Creasy said. The corporation contains Delta High School, Delta Middle School and Albany, DeSoto, Eaton and Royerton elementary schools.

The school-age population for the corporation is expected to increase to 3,301 in 1995 from 3,225 in 1990. Bids Opened Surveillance By SETH SLABAUGH Star Staff Reporter Bids opened Tuesday for a closed-circuit television surveillance system for the Delaware County Justice Center ranged from $139,340 to $195,600. Four firms submitted bids, but the one turned in by Integrated Electronic Systems, Anderson, apparently won't be considered. The firm failed to include a bond to guarantee its bid of $165,000, 'county commissioners said. Other bids were submitted by: Commercial Communications Systems, Fort Wayne $139,340.

Koorsen Protection Services, Muncie $144,500. Simplex Time Recorder Indianapolis $195,600. The system will include 30 surveillance cameras, 28 video-cassette recorders, a dozen TV monitors and 13 motion detectors for the building's jail-cell blocks and other detention areas. The VCRs will by used to record activities in the jail. They will not be used by inmates for entertainment, noted attorney Fergus Kear, who represents commissioners.

School News STUDENT OF THE MONTH David Len Scott, 18, has been named Student of the Month in vocational machine trades at the Muncie Area Career Center. Scott, son of Wanda Jones and Randy Jones, Oakville, is a senior and attends Cowan High School and the Muncie Area Career Center. A in TRAFFIC ACCIDENTS Monday Ind. 28 and Walnut Street, 2:45 p.m. Car driven by Claude E.

Goodman, 34, 2217 E. 14th St, and school bus driven by Michelle B. Keihn, 28, 2006 N. Macedonia Ave. Columbus Avenue, west of Walnut Street, 11:15 p.m.

Car driven by Niki L. Walker, 19, 1914 E. 24th struck light pole. Walker was released after treatment at BaU Hospital. Tuesday Delaware County Road 600-W, north of County Road 675-N, 5:15 a.m.

Pickup truck driven by Lonnie A. Carl, 23, Matthews, struck utility pole. Delaware County Road 600-W, north of County Road 675-N, 5:25 a.m. Car driven by Morton 0. Curtis, 47, 200 Lincoln St, Gaston, struck parked pickup truck owned by Lonnie A.

Carl, Matthews. Delaware County Road 600-W, north of County Road 675-N, 5:30 a.m. Car driven by Rita A. Stump, 42, 208 S. Sycamore Gaston, struck utility pole.

Wheeling Pike, north of Delaware County Road 10O0-N, 6:40 a.m. Pickup truck driven by Gregory Losh, 30, R.R. 2, Gaston, went into ditch. Delaware County Roads 600-W and 775-N, 7:23 a.m. Car driven by Ryan S.

Reeder, 21, Gaston, struck fence. Blaine Street, north of 22nd Street, 7:32 a.m. Car owned by Jean Angstadt and driven by unknown person struck fence. Wheeling Pike, north of Delaware County Road 1070-N, 7:35 a.m. Car driven by Jeremy A.

Ritchie, 17, R.R. 2, Gaston, struck embankment. Ind. 332 and Delaware County Road 925-W, 7:56 t.m. Cars driven by Kevin N.

Rhodenbaugh, 21, Kokomo, and Phyllis A. Friend, 31, 21 Smith Court, Yorktown. last year, but Leonard said Tuesday that Goddard's plan for tearing down the building was indefinite. That warehouse was ruined by Muncie's worst fire of 1989. The city has been trying rid the downtown of the eyesores to improve the view near the Radisson Hotel and Horizon Convention Center..