The Lincoln Star from Lincoln, Nebraska on October 17, 1992 · 4
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The Lincoln Star from Lincoln, Nebraska · 4

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Lincoln, Nebraska
Issue Date:
Saturday, October 17, 1992
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4
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Page 4 Lincoln Journal-Star STMTELL Saturday, October 17, 1992 issBBig girl's mother pleased with court ruling State Supreme Court upholds David Phelps' life sentence for kidnapping. From The Associated Press The mother of a Norfolk girl who disappeared five years ago said she was relieved Friday that the state Supreme Court upheld the life sentence imposed on a man convicted of kidnapping in the case. The high court upheld the sentence imposed on David Phelps for the 1987 kidnapping of Jill Cutshall, who was 9 years old. when : she disappeared from the steps of her baby sitter's house on Aug. 13, 1987. In November of that year her clothing was found by a hunter in nearby Stanton County. Jill Cutshall has never been found. "I'm glad David knows hell be there (in prison) for the rest of his life," Joyce Cutshall said. "It's a tremendous sense of relief for me." Phelps confessed he had held down Jill Cut-shall while she allegedly was molested by another man. Phelps said the girl was alive when he last saw her. He later recanted the videotaped statement PHELPS WAS TRIED last year after Joyce Cutshall succeeded in gathering enough signatures on petitions to force a grand jury investigation of the case. He was arrested June 20, 1990, in Perry, Iowa, and convicted March 20, 1991, on a charge of kidnapping Cutshall. On appeal, Phelps argued that Madison County District Court had made several errors that warranted a new trial, including its refusal to move the trial from Madison. He also contended that videotaped evidence against him was improperly admitted. The Supreme Court unanimously rejected those arguments and upheld his conviction and sentence. Phelps' attorney, David Domina of Omaha, had argued that the confession had been partly induced by a shot fired from a pistol by a private detective who was interrogating Phelps in a secluded area. Phelps first was questioned by police because he said he had an intimate relationship with a man who was a suspect in the case. The police investigation didn't lead to an arrest DOMINA SAID the use of a private detective to coerce a confession raised the spectre of vigilantes and a private police force out to do what the constitution bars law enforcement officers from doing. Roy Stephens, a private investigator working on the case at the request of the girl's mother, and an assistant took Phelps to the wildlife area on Jan. 4, 1990. Stephens gave Phelps a shovel and told him that he would use it to find Jill's body or to dig his own grave. After the three wandered around to no end, Stephens fired a .45 caliber pistol. Phelps denied he knew anything about Jill or her body but said someone in a bar said she was buried in a nearby cemetery. Eventually, Phelps was taken to a motel where a television crew was waiting and recorded a 74-second statement in which Phelps said he got into his friend's car the morning Jill disappeared and the missing girl was inside. In the videotaped statement, Phelps said they drove to a cemetery where the other man took the child from the car and fondled her. Phelps said he took the car and left the other man with the child. The high court rejected Phelps' argument that the statement he gave to the TV crew should have been suppressed because of Stephens' earlier conduct. li i ite -m-t.. ... f ... . 3yr:J 1 rJA&t.i.' - ; - a, .r;::rv .. v. ; - ' r':z- '7:k ' - v-'Svit 1.--7, Harold OrtlmanliLlncain Journal-Star After removing the driver, firefighters inspect a Camaro that collided with a semi tractor-trailer in northwest Lincoln. Teen-ager in serious condition after Camaro collides with semi Amy S. Peterson, 17, of 325 Groveland St., was listed in serious condition at Lincoln General Hospital Friday night after her Chevrolet Camaro collided with a semi tractor-trailer. Lancaster County Sheriffs deputy Mark Kelly said Peterson was westbound on North Park Road, j ust outside the city limits north of Air Park. She entered a T-shaped intersection with North west 31st Street and was struck by a northbound semi driven by Ronald Danley, 48, of 1541 Benton St. According to 911 Center records, volunteer firefighters from Raymond and Malcolm were summoned to the scene at 2 : 42 p.m. Kelly said Peterson's car was badly damaged and she was trapped inside. He said the firefighters had to remove most of the roof of her car to reach her. The front end of the semi also was extensively damaged, but Danley was not seriously injured, Kelly said. Both drivers were alone in their vehicles at the time of the collision. Grinnell College group champions women's safety GRINNELL, Iowa (AP) - Friends of slain Grinnell College student Tammy Zywicki are trying to start a nationwide movement to make things safer for women. More than 50 students have formed Fearless, a group aimed at distributing fliers about missing persons, raising awareness about violence against women, promoting safety, passing national legislation mandating highway emergency telephones and encouraging the founding of similar groups at other colleges. "I feel we owe it to Tammy to not stop doing things," said Catherine Carter, a Grinnell junior from Le Grand. Zywicki was abducted Aug. 23 when her car broke down on Interstate 80 near LaSalle, 111. Her body was discovered Sept. 1 along Interstate 44 in southwest Missouri She had been stabbed to death. The Grinnell students say they want to make the highways safer for women, or at least give them greater opportunity to help themselves if they have trouble. They hope to have a bill introduced in Congress mandating emergency telephones at every mile marker on interstates and all other highways that receive federal financ ing. Portia Sabin, a senior from New York City, said the National Organization for Women's Legal Defense Fund "is very interested in helping us get our bill passed." Sabin and other students have contacted several states that use highway call boxes, such as California, and are researching the highway emergency phone system in Europe. Grinnell junior Nyasha Spears of Bismarck, N.D., said society's current response to safety issues is to restrict the freedom of women. First women were urged not to walk by themselves, then they were encouraged U.S. 281 widening to relieve congestion GRAND ISLAND (AP) - Widening U.S. Highway 281 between the Grand Island and St. Paul areas will relieve traffic congestion and could help increase the population base in the rural area north of Grand Island, officials said Thursday. The $6.5 million Highway 281 project calls for widening the road to four lanes between Airport Road north of Grand Island and the Highway 58 turnoff.s6uthofSt.Paul. Plans also include buying the four-lane right-of-way and resurfacing of the remaining distance north to St Paul. A groundbreaking ceremony Thursday started the project which is not expected to be completed until late 1995. his is long overdue," said state Sen. Carson Rogers of Ord. "The highway is a major thoroughfare for commerce between Grand Island and all of north central Nebraska." St. Paul Mayor Marion Bahensky said the current two-lane Highway 281 is dangerous and she is pleased the widening project is underway. "We often have a long line of traffic build up and up," she said. "We have a mixture of very slow traffic and high speed traffic," which causes delays and accidents. The problem is particularly bad in the spring and fall, when combines are on the road slowing the traffic flow, Bahensky said. State Sen. Arlene Nelson of Grand Island, who also was at the ceremony, said the Highway 281 project easily could increase the population base in the rural area north of Grand Island. Gov. Ben Nelson said at the ceremony that he was pleased to break ground on the linkage between two important areas of Nebraska. However, the project comes at a time when federal highway funding for Nebraska has just been cut he said. "We fight hard to get more funds" from the federal government Nelson said, but highway funding was just cut $30 million from the state's original expectations and recommendations. not to live by themselves. Now women are not even supposed to drive by themselves, she said. . "When I was in junior high, I had more freedom than I do now," she said. Applications taken for holiday food baskets Low-income residents may apply for Thanksgiving baskets at Malone Community Center, 2032 U St., Oct. 19 through Nov. 13. Malone will accept applications on Wednesdays from 3 to 7 p.m. and on Tuesdays and Thursdays from 10 a.m. to 2 p.m. Applicants must bring proof of income, proof of address and personal identification, and must have Social Security numbers for each person on the application. Applications also may be turned in at the following locations: Indian Center, 1100 Military Ave., Wednesdays, Oct. 21, Oct. 28 and Nov. 4, 10 a.m. to 1 p.m. Salvation Army, 2625 Potter St., Thursdays, Oct. 22, Oct. 29 and Nov. 5, 1 to 3 p.m. Good Neighbor Center, 2617 Y St., Tuesdays, Oct. 20, Oct. 27 and Nov. 3, 1 to 3 p.m. Hispanic Center, 2300 O St., Fridays, Oct. 23, Oct. 30 and Nov. 0, 9 a.m. to noon. Applicants should call the centers for appointments. Baldwin to be seen by psychiatrist who had predicted another episode By Margaret Reist Lincoln Journal-Star Scott Baldwin will be examined by Dr. John Riedler, a state-hired psychiatrist who had warned authorities that the former University of Nebraska football player could have another psychotic episode. Lancaster County District Judge Paul Merritt Friday granted Lancaster County Attorney Gary Lacey's motion to have Riedler examine Baldwin, over Baldwin's attorney's objections. Baldwin was found not responsible by reason of insanity in the Jan. 18 beating of Gina Simanek Mountain of Lincoln and assault of a Lincoln police officer who helped arrest him. Riedler was one of several psychiatrists who had examined Baldwin as part of the court proceedings. Other psychiatrists disagreed with Riedler's diagnosis. "Dr. Riedler has had much expertise with the case and was a harbinger of what actually happened," Lacey said, referring to the Sept. 5 incident in Omaha in which Baldwin apparently had a second psychotic episode and was shot by police. Three days before he was shot, Merritt had committed Baldwin to St. Joseph Mental Health Center but allowed him to continue in an outpatient treatment program. Hal Anderson, Baldwin's attorney, argued during Friday's hearing that Riedler was biased concerning Baldwin and suggested one of the other state-hired psychiatrists examine him. Baldwin remains paralyzed from the waist down at Immanuel Medical Center in Omaha. Grampa John's Pumpkin Patch Things to Sec: Things to Do: O Farm animals Story Book Land O Crafts O Walk thru Prairie O Crafts O Food O Hay tunnel & hay jumping area O Cornfield maze O Hayrack rides Plus Much, Much, More! Daily after the 15th Haunted Barn & Haunted Hayrack Ride Open Thur.-Sun. y a.m. - Dark 470-2450 4801 W. Hwy34 West Vi Mile from NW 48th & Hwy 34 4 ximw 48 y r Kawasaki Plant Look for the Big Pumpkin Court won't address sentence reductions From The Associated Press The state Supreme Court Friday said it wouldn't decide the constitutionality of a statute that allows judges to reduce sentences in criminal cases. The gist of the ruling was that prosecutors didn't ask the trial court to decide the issue, so they can't ask the Supreme Court to look at it The high court said the Hall County attorney's office failed to raise the constitutional question during the trial of Lonnie L. Criffield and was therefore barred from raising it on appeal. Attorney General Don Stenberg had filed a brief supporting the argument of the Hall County attorney that a law, giving judges 120 days to reduce a criminal sentence, is unconstitutional. The prosecution argued that reducing a sentence fell within the purview of the executive branch of government Criffield was sentenced to five to seven years in prison for robbery. That sentence later was reduced to 42 months to seven years. "There is nothing in the Hall County attorney's application to show that the constitutionality (of the law) was in fact raised before the trial court or ruled upon by that court," the Supreme Court said. "Except in the most unusual of cases, for a question of constitutionality to be considered on appeal, it must have been properly raised in the trial court. If not ... it will be considered to have been waived." In other cases, the Supreme Court: Reversed the Dakota County District Court and ordered a new trial in the case of Kenneth Leroy Welch, convicted of first-degree sexual assault, kidnapping and making terroristic threats. The high court said references to a previous sexual assault in California more than 20 years ago shouldn't have been admitted at trial. Affirmed the Douglas County District Court conviction of Maurice Coleman for second-degree forgery. Omaha suspect arrested after fleeing from police OMAHA (AP) A man suspected of fleeing from police, crashing his car into a van carrying 10 children and two adults and running from the scene on foot has been ticketed by police, authorities said Friday. Johnny Nunn, 21, of Omaha was ticketed Thursday night after he sought treatment at Immanuel Hospital for a facial inj ury, police said. He was ticketed on suspicion of willful reckless driving, unlawful flight to avoid arrest leaving the scene of a personal injury accident driving without headlights, driving with fictitious license plates, violating a stop sign and driving with dirty plates, Sgt. William Muldoon said. Nunn would be expected to report to court in two or three weeks, Muldoon said. Before the accident police officers Adam Rokes and Don Ficenec had turned on the red lights on their cruiser to signal the driver of a car to pull over, but the driver accelerated away and the officers radioed that the driver was fleeing from them, Muldoon said. The officers slowed down and did not pursue the vehicle with siren, Muldoon said. Many of the people in the van, including children 13-17 years old, were treated and released or refused treatment officials said. The van's driver, Reginald Cade, 37, was in critical condition today at St Joseph Hospital with a skull fracture and head trauma, Muldoon said. The group was with the Edmonson Youth Outreach Center-YMCA and people in the van were wearing seat belts, police said. Rescue workers had to cut some of the children out from the seat belts to free them from the van. The accident occurred at about 7 p.m. The group received neck and back injuries, police said. After it hit the van, the car smashed into the side of a house and the driver fled on foot police said. "It hit so hard," said Mary Ann Phil-hps, who was in the house. She said the impact sounded like a gun going off. "It kind of knocked me on the floor." Volvo plans reduction in 1 993 model cars STOCKHOLM, Sweden (AP) percent. Volvo said it had boosted its Swedish automaker Volvo said it in- market share in its 17 most important tends to reduce its production of 1993 markets in 1992, but total sales con-model cars by 12,000 units or nearly 11 tinue to decline. 'Si 7 v. IIIPI Slow-roasted, lean roast beef Sauteed onions and green peppers Smothered in melted Swiss and Parmesan cheese sauce Served hot on a toasted sub roll M i mm mftiff Phillv Ceef n Swit PhHJy Doef n Swiss I M P Sub Sandwich (or any other sub) I I ub Sandwich (or any other tasty sub) Not vsM with any oitw offer. Expires -"-" 1 1-6-92. UKOH 4 Beatrice or I I J

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