Lincoln Journal Star from Lincoln, Nebraska on March 14, 1991 · 22
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Lincoln Journal Star from Lincoln, Nebraska · 22

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Lincoln, Nebraska
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Thursday, March 14, 1991
Page:
22
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22 C THURSDAY, MARCH 14, 1991 LINCOLN, NE JOURNAL Witness gives Phelps alibi ; CuUhall kidnap suspect said to have been mowing lawns rstate ; MADISON (AP) - A lawn service owner testified Thursday that the man accused of kidnapping Jill Cutshafl mowed lawns with him the day she dis-; appeared. Ray Schoen, 54, testified for the defense in the trial of David Phelps, 28, formerly of Norfolk. Phelps is charged in Madison County District Court with kidnapping the girL He allegedly kidnapped her on Aug. 13, 1987. Jill, who was 9 years old when she disappeared, never has been found Schoen, who owns a lawn service in Norfolk, testified that Phelps stayed in his home on the evening of Aug. 12, 1987, and mowed lawns with him the following day. Under cross examination by special prosecutor James Smith, Schoen became confused regarding the reason Phelps slept in his house. Smith asked Schoen if he recalled telling Norfolk police that police earlier that day removed a tent pitched outside his house. Brian Pinkleman, 30, of Norfolk said he and Phelps lived together in the tent for a time in August 1987. Pinkleman said they had a homosexual relationship. "Do you recall telling Detective (Steve Hecker) there was no tent?" Smith asked. "There was a tent," Schoen sail Under questioning by defense attorney David Domina, Schoen said he is testifying because he does not think Phelps is guilty. "I'd like to get the right person where they belong," Schoen said. Smith asked Schoen if he knew that Phelps had been indicted last June. Schoen said he did. "You figured they had the wrong guy and you never came forward?" Smith asked. "Nobody ever asked," Schoen said. Wednesday, Kermit Baumgartner testified be had been a homosexual lover of Phelps but had nothing to do with the girl's disappearance. Baumgartner, who currently lives in Lodi, Calif, testified as a witeness for the defense. In a videotaped statement given to an Omaha television crew in 1989 and played for the jury this week, Phelps said he held the girl at a wildlife area in nearby Stanton County while Baumgartner molested her. Baumgartner, who never has been charged in the case, Vehemently denied the allegation. Under questioning by defense attorney David Domina,. Baumgartner said he did not km the girl and that he does not know where her body is, Phelps recanted the videotaped statement shortly after he gave it to Norfolk police. Domina contends the statement is untrue. He said the statement was made under pressure after a private investigator fired a gun into the air while questioning Phelps at the wildlife area where Jill's clothes were found. Baumgartner said he doesnt love Phelps anymore. "Are you lying to protect him?" Domina asked "No," Baumgartner said. Earlier Wednesday, the defense asked a judge to disallow the videotaped statement and dismiss the charge against Phelps. After the prosecution rested its case, Domina argued the charge should be dropped because there was no evidence that an abduction occurred in Madison County. He said the testimony the prosecution presented dealt with events that allegedly happened in neighboring Stanton County. Domina said that is where the grand jury should have met and where the charge should have been filed. Oglala Sioux open office for tourism in Pine Ridge PINE RIDGE, S.D. (AP) - An office of tourism has been created on the Pine Ridge Indian Reservation, and its director says the goal is to figure out what is available for tourists , and set up programs to attract them. The Oglala Sioux Tribe received a $178,000 federal grant to open the office, which is financed for two years. Director Rene Mills said he win try to get another grant for 1991 Caruso re-elected head of Young Democrats By Aasociatsd Press J.P. Caruso of Lincoln has been reelected president of the Nebraska Young Democrats. Others elected at the state convention in Lincoln are Jeff Jensen of. Wayne, vice president of development; Mark Wortman of Grand Is-, land, vice president of legislation; Patrick Adams of Lincoln, vice president of programming; Vicky Rabiola of Omaha, national committeewoman; Eric Dunning of Lincoln, national committeeman; Kara Bourn of Lincoln, secretary; and Devin Thomas of Norfolk, treasurer. Man wins suit over shock that left him impotent OMAHA (AP) - A US. District Court jury has awarded $325,000 to an Iowa man who said an electrical shock be received from a soft-drink vending machine left him sexually impotent The jury on Tuesday also awarded $30,000 to the man's wife for loss of consortium. A jury of nine women and three . men deliberated slightly more than one day before finding Pepsi-Cola Bot-; tling Co. of Omaha negligent in the case brought by Robert J. Fischer, 42, of Holland, Iowa. Pawnee City girl named arthritis poster child PAWNEE CITY (AP) - A 4-year-old Pawnee City girl has been chosen the Arthritis Foundation poster chill Michelle Habegger, daughter of Deb and Larry Habegger, will be featured on the fund-raising telethon on , WOWT Channel 6 in Omaha April 21 Michelle has been diagnosed as having mono articular juvenile rheumatoid arthritis. Friend man found guilty in his daughter's death By Robynn Tysver Journal State Bureau WILBER A former Friend man was found guilty of manslaughter Wednesday in the suffocation death of his 23-month-old daughter. A 12-member jury in Wilber ruled that Edward Bryan, 26, was criminally responsible for his daughter's death after he locked her and her 3-year old sister in their bedroom unsupervised. Lisa Marie Bryan suffocated on Oct 22, 1988, when a dresser tipped over on top of her. "The evidence was uncontradicted that the child had not been checked on from 2:30 am until S p.m," said Mark Ells, assistant attorney general with the state's Child Protection Division. Ells, the main prosecutor in the case, said Bryan was criminally negligent because he failed properly to supervise the children and because he failed to provide them a way out of the room in case of an emergency. ' Bryan discovered the child's body at 2:30 p.m, when the other child in the room banged on the door and asked to go to the bathroom. District Judge Orville Coady ordered a presentence investigation. Bryan remains free on a $500 bond. He faces a maximum sentence of 20 years in prison and a $25,000 fine. Bryan's court-appointed attorney, Thomas Spinar of Crete, declined to comment on the verdict Lisa Marie was the daughter of Bryan and Cindy Rae Leazer, 26, of Seward. At the time of their daughter's death, the unmarried couple were living in Friend with Leazer's four other children. Fly-ash disposal will be studied by researchers Finding more ways to use fly ash produced by coal-fired power plants will be the focus of a study by the University of Nebraska Center for Infrastructure Research in Omaha. The Nebraska Public Power District will provide $50,000 for the study and the Omaha Public Power District is being asked for support A private contracting firm will cooperate in the study. Fly ash is a byproduct of using coal for fuel to generate electricity. Power plants remove it via an air pollution control system before it enters the atmosphere and store it in bins for disposal NPPD sells some of its fly ash to firms that use it as an additive in concrete or road-paving materials. Unsold ash is disposed of in pits in accordance with environmental regulations. Finding more uses for fly ash will help keep utility rates low by creating new markets and eliminating the need for large disposal areas, NPPD said in a news release. NPPD owns and operates two coal-fired plants: Gerald Gentleman Station near Sutherland and Sheldon Station near Hallam. Robber arrested after stopped for speeding CHANTILLY, Va. (AP) - For a moment it seemed that the middle-aged man just pulled over for speeding was in luck when the cop handed him back his license and got ready to go chase a bank robber instead : But the luck was bad luck the guy in the car fit the description on the police radio, and six minutes after the robbery of the George Mason Bank, automobile salesman Earl Meyer was under arrest Meyer had been pulled over Tuesday afternoon for doing 61 in a 35 mph zone, and the Fairfax County Police officer noticed that he seemed a little nervous. Leazer is also charged with manslaughter in Saline County but a trial date has not been set She is free on bond. She allegedly was sleeping during part of the time the children were locked in the bedroom and was grocery shopping when the the infant's death was discovered. Scouts will be delivering white plastic bags to all homes of Lincoln, Saturday, March 16. If resident is home at this time, food items can be picked up then. If not . . . place canned or boxed goods in bag. Place bag outside of door, Saturday, March 23 by 9:00 a.m. Scouts will pick up the bags no later than 2:00 p.m. 1 All Food goes to Food Itenk of Lincoln Soup Beet Stew Chili Canned Fish Baby Formula Please, Nothing Pcriskzble or Frozen Canned Meats Canned Vegetables Canned Fruit Peanut Butter Pasta Co-Sponsored by Cornhusker Council Boy Scouts of America, and Fleming Foods. TTT77 fit! 0 11 t0 IV M II II II wiiiiam sour quarter Announcing the grand opening of the NBCWilUamsburgBranch540th&OldCheney Our new branch offers a full array of banking services, including consumer lending. Now it's easier for people in south Lincoln to get to Washington's quarters, as well as his dollars. Stop in and see for yourself. MBS Williamsburg Branch 40th & OW Cheney Lincoln, NE 685 16 (402)434-4740 MEMBER FDIC First With What too Need Most. IFirst Commerce Banks. 0,

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