The Indianapolis News from Indianapolis, Indiana • 44

oner SECTION MARION COlMYD-if HOUSE CLASSIFIEDD-8-D-18 WEATHERD-19 WEDNESDAY, AUGUST 2, 1989; THE INDIANAPOLIS NEWS etOK'd $290 million school budg 17 special education teachers are included By JULIE ANNE DART The Indianapolis News The Indianapolis Public Schools Board MAHNYJEILER tentatively approved a S290.0 1 0.800 budget for 1990. which includes 17 new special education teachers at a cost of us we were over our 1989 budget by that much." Black said. The appropriation reduces the dls-t trict's cash surplus to about $4.8 million. If IPS spends $100,000 of its proposed 1990 budget, that surplus will be gone by the end of next year. Black said.

In other action: MARSHALL REPAIRS The board voted to appropriate $59,960 for emer-, gency repairs to the air-conditioning sys- -tern at Marshall Junior High School. IPS discovered the chiller was failing last week when an inspector found cop-per shavings In the filter pan. The bear- ing on the gear that causes the fans to turn Is wearing out. Black said. "It will not be on-line before school, starts." Black said.

"The question Is whether we can get it on-line before the old one fails." and $1 million for the repair and replace- ment fund. In addition, the board has estimated it will need $16,614,699 for specially fund- programs and $11,887,687 for the school lunch fund both paid for primarily with government money. IPS spokeswoman Mary Crean said. It will need to use an additional $16,446,200 from its cumulative building The board also approved $1,547,974 in additional appropriations to cover overspending on its 1989 budget. Increase was.

due to raises In workmen's compensation and medical Insurance rates, paving of school parking lots. Incentives for extended-term substitute teachers and new software for the IPS mainframe computer, among other items. "What were saying Is, hindsight tells $510,000. No items may be increased after advertising, but they may be decreased. The advertised tax rate is $5.90 per $100 of assessed valuation 73 cents more than in .1989.

But that rate Is almost sure to, drop when the new 10-year, assessment is released, IPS Busl- ness Manager Rodney Black said. If property prices go up. a lower tax rate will be adequate to raise the money "I know when they get the new assessed valuation on the table, this rate: will drop way off." he said. "It wouldn't surprise me at all if it dropped below $5 $100 of assessed valuation). The advertised budget allocates $221,525,957 for the general fund.

$594,980 for the debt service fund. $3,800 for the cumulative building $18,138,485 for the transportation fund The positions were not Included In the draft budget presented July 17. Board members requested they be added last Experts for sale or rent month after learning the special education department needed them to handle an Increase in students qualifying for its classes. -f Tuesday night's action clears the way to advertise the, budget, as required by law. A public hearing is scheduled Aug.

"I am firmly convinced prostitution used to be an honorable profession until all Suspect these experts got Into It." Ralph "Buffy" Cohen said. 'My sister been shot Just kidding. A partner at Ice Miller Don- adio Ryan, the city's largest plucked from roof law firm. Cohen knows prosti- tution Is not honorable. But neither are the "phony told Dolic experts" who collect $300 to $500 an hour to say whatever the lawyer who hires them wants them to say in a trial.

Drug task force officers chased him after escape The Indianapolis News All too often that happens, Cohen said. A 20-year-old drug suspect yvm 17 Testimony available was caught today on the rooftop of a Near Northslde building af The back pages of Res Ges tae, the Indiana State Bar As ter escaping from the Metropolitan Drug Task Force office while handcuffed. sociation's publication, has ads for "rent-an-expert com Urlch Pierce, 4500 block of panies. You need someone to testify the sky is red or your Winthrop Avenue, was subdued about 3 a.m. by members of the task force after he had climbed the side of a two-story building client car was unsafe.

they'll find you an expert to say that In court and he II in the 1900 block of North Meridian Street. believe It. He was charged with dealing "We have created a world of In cocaine, possession of cocaine experts," Cohen said. and being an escapee. "An expert Is anyone who Task Force member J.T.

Is more than 20 miles from Jones said Pierce was arrested home. Frankly, it doesn't take much to have a judge say you're an expert. You can give at 1:20 p.m. Tuesday when he allegedly was seen making a $5,000 "buy" In the 1100 block of East 38th Street. most any opinion you want and the court will not scruti Jones said Pierce had been nize the foundation for your opinion or the logic for your under surveillance by the task force since July 24.

opinion. 1 After being arrested. Pierce Tnose experts fre quently hired for the way they was taken to the task force office at 10th Street and Post Road for questioning. While waiting Inter "perform before a Jury rather thaii for what they say seeks help for wounded 8-year-old By JOE FAHY The Indianapolis Nows Hours after the event, a tape recording still conveyed the terror of an 11 -year-old boy. summoning help after his sister had been wounded by a rifle.

"Oh please, get me an ambulance." Danny Troy told Indianapolis police dis- patcher Denlsa Stevenson. "My sister's been shot." Deseree Troy. 8. was struck by a bullet j. about 3 p.m.

Tuesday at her home In the 'f, 1900 block of South Belmont Avenue. Police said she was shot as several children 1 played with two rifles in a bedroom. She was in critical condition today at Riley Hospital. Police released a recording today of her brother's call for help. "Are your parents home?" Stevenson asked.

"No." the boy replied as his sister's screams resounded in the background. After summoning police units to the scene, the dispatcher asked If the boy remained on the line. "Yes. I think she's dying. She's walking In here," he replied.

The girl's voice, asking for "Mommy," appeared briefly on the line. Stevenson told her to lie down. The wail of sirens and the sound of rescuers storming inside could be heard moments later. A friend of the victim. 6-year-old Miranda Kay Pearson, said the shooting occurred when one of five children present dropped the gun.

Deseree. who was lying curled on a bed, was shot In the chest, -authorities said. No adults were home when the shooting occurred, said Indianapolis Police Investigator R.C. Green. "I assumed a parent was there." said Miranda's mother.

Debbie Lawhorn, 23. "I'll never make that mistake again. I could have lost my daughter." Authorities said Deseree's parents. Danny and Georgia Troy, were at work when the shot rang out. Some of the five children present had been playing with the weapon and another rifle.

Green said. Green declined to provide details, but said all the children were friends who lived in the neighborhood. Andrew Stoner. an Indianapolis Police spokesman, said authorities had conflicting accounts of the shooting, with at least one report suggesting an 8-year-old was holding the weapon when it went off. Sec SHOOTING D-5 affect every American con rogation, officers had handcuffed Pierce's right hand to the office door.

sumer's pocketbook and choice of products. Cohen Pierce was in the room alone said. and managed to work the handcuff loose from the door handle. llililiiillll Product liability He then ran down a hallway and out of the building. Jones said.

"The wav In which Indus Officers chased him. but lost trial and farm equipment in IF this country Is designed to Pierce after he scaled two fences in the area. A helicopter and K-9 dogs were summoned but were unable to locate Pierce. day. In significant measure.

comes from product uaDiuty litigation In which people on either side testified that was At 3 a.m. today, Jones said, a cab driver picked up a fare on or wasn't the way to design it. Lawnmowers. automotive the Far Eastside. While driving Pierce west to Meridian Street, the cab driver heard a description of Pierce on the radio.

products every product out there that has any capacity for a person incurring injury A few minutes later, the cab Alv on it has been subject to liti driver saw a police patrol wagon on Meridian and started flashing gation. And litigation means expert witnesses. Testimony from expert wlt nesses significantly affected his When police In the patrol wagon approached. Pierce Jumped from the cab, ran to the nearby office building and climbed to the roof. Jones said.

the methods of contraception available in the U.S. today. Cohen said. He added that Pierce refused The makers of the Cu-7 In 1 trauterine device; the most to come down from the roof. A ladder was obtained and officers subdued Pierce.

widelv used IUD In the coun at. try. "Drevailed In the vast ma- Joe YoungThe Indianapolis News He was taken to Wlshard lorltv of numerous lawsuits Debbie Lawhorn hears daughter Miranda Pearson tell how friend was shot. Hospital for treatment of cuts and bruises. filed against It.

but the cost or litigation got so expensive they withdrew the product. 4 bags full of Killer who missed jury trial may go free Cohen said. Organized meeting cash missing Determined to shine a spotlight on this rarely discussed Th Indianapolis News Four bags, containing more problem. Cohen spent two years putting together the first National Invitational than $74,000 In cash, have been reported missing by an employee of Loomis Armored Inc. Conference on Unreliable Ex- pert Witness Testimony held recently at the Northwestern Sonva Sufan.

29. an employ ee of the firm at 122 N. College University School of Law. He brought together leaders told Indianapolis ponce Monday that the money was taken sometime between Friday and of both the organizations for plaintiffs' and defense law Monday. yers groups that rarely get together plus academicians Sufan said two Loomis employees picked uo money In Mar and the Judiciary.

lon on Friday and brought It to "It was an all-star cast." said. "Just so he got his time I don't want to be bothered with it again. "If It were Just for me. I could say that." said Warfleld. now 58.

"But I can Hours after stabbing War-field. Perkins robbed and fatally stabbed Kenley V. Winchester, a 48-year-old salesman from Sparta. N.J. Warfield said she remembers Winchester had Just moved to Indianapolis.

"I remember the testimony." Warfleld said. "The man offered him his billfold, and he killed him anyway. "I don't want him out." Today's Cifcl Vers Pulm 29:10 The Lord sits enthroned oyer the flood; the Lord sits enthroned as king forever. Our Lord is bigger than any calamity; more magnificent than any temporal situation. God's reign will know no end.

Proparad by Philip Gulloy smith said. "We would want to prevent that If we could." The unanimous ruling sends Perkins' case back to Marion County Superior Court for a new trial. But Goldsmith said cases as old as Perkins' are difficult to re-try because evidence ages and witnesses' memories fade. "We'll look at the case and. If It's (possible) we'll retry It." The Indiana Supreme Court in 1975 denied Perkins' appeal of the murder conviction.

Perkins unsuccessfully argued his public defender encouraged him to plead guilty by promising a prison term of less than 15 years. Perkins was convicted of robbing two women at their homes in the 3200 block of Orchard Avenue. One of those women. Millie Warflcld. Tuesday recalled how Perkins grabbed her from her car, stabbed and robbed her and threatened to kill her If her husband Intervened.

"J've forgiven the fellow," she Tho Indianapolis Nows A public defender's failure to advise a defendant of a right to a Jury trial 19 years ago could mean freedom for the Indiana-polls man who killed one man and permanently Injured a woman. The Indiana Supreme Court overturned Robert Lee Perkins 1972 conviction and life prison term for a robbery and stabbing that started an overnight crime spree. Perkins also received a 15-to-25-year prison term for the murder that ended the spree. The court Tuesday ruled Perkins was Improperly denied a Jury. trial on charges of robbing two women and stabbing one of them Jan.

19. 1972. Perkins was 18 years old when convicted In a bench trial of robbery and inflicting an Injury in the commission of a felony. That conviction carried a man- datory life prison term at the time. The Indiana Supreme Court ruled Perkins' public defender did not advise him of his right to a Jury trial.

i "There Is nothing In the record that he waived his right to a Jury trial and since a Jury trial is something that Is a constitutional right he was entitled to a new trial." said Stephen T. Owens, a public defender who represented Perkins In the appeal process. Perkins Is at the Indiana Reformatory at Pendleton, after serving 19 years more than half the time required for the murder conviction. Indiana's "good time" provision allows Inmates to be released after serving half their term if they follow prison rules. Case may be retried Marlon County Prosecutor Stephen Goldsmith said today he would have time to decide whether to retry the case before a parole hearing could be held.

"If he served more than half his term, there's a good chance he'll be eligible for parole." Gold Cohen said. "There were fed eral Judges who came on their Indianapolis. Loomis personnel refused to accept the, delivery because a seal on one of the bags was own. they were mat interest ed." A proposal was made to loose, police said. form a task force to look Into Loomis returned tne nag to Marion.

It was determined that' "peer review" boards to eval uate the testimony of expert four smaller bags Inside a canvas bag were missing. witnesses and say who an expert and who's not. but no decision has yet Deen made. "It will be a long, tough Those bags, said Sutan, contained $105,392.21. of which $74,377.79 was cash.

Police said as many as 12 people could have handled the money. haul." Cohen said, "but something may come of It." 4.