The Tampa Tribune from Tampa, Florida • 14

o) THE TAMPA TRIBUNE Friday, November 15, 1985 Section 9 order on officials ann: wycr SCCKS Motions were filed to stop the sheriff's and state attorney's offices from talking to the media about Homer Manns' rape-murder case. By MICHAEL CROOK and ANDREA PEYSER Tribune Staff Writers BARTOW A court-appointed attorney for Homer Ernest Manns, the drifter accused in the rape-murder of a 4-year-old Alturas girl, is trying to put a legal gag on law enforcement officials who he claims have created a "media show" around the case. But Polk County Sheriff Dan Daniels said Thursday his department will defend its right to speak about the case because the public has a "right to know" about the "heinous crime" committed Saturday in a rural citrus grove in central Polk County. Manns, 39, is charged with first-degree murder and sexual battery in the death of Karen Machelle Radford, whose nude body was found Monday in a shallow, sandy grave under an orange tree about 400 yards from her grandparents' mobile home. The child, who had been raped, died from a single stab wound to her chest, law officers said.

On Thursday, Assistant Public Daniels said two sheriffs investigators plan to testify in court against Norgard's motions. Circuit Judge Edward F. Threadgill Jr. today will hear the motion that would prevent law enforcement officials from questioning Manns. A date has not been set to hear arguments on the requested gag order.

Gregg Thomas, an attorney for The Tampa Tribune, said he plans to enter a motion opposing "any gag order that would restrict sources of information to the press." Thomas said the First Ammend-ment of the U.S. Constitution "guar antees both freedom of speech and freedom of the press. Just because this individual has been charged doesn't mean everybody should cease to express their views on the matter." Said Detective Maj. Jim Seay, "They can't shut me up, they'll only irritate me. "It sounds to me like the Public Defender's Office is grandstanding.

If he (Norgard) thinks the publicity will hurt his client, why doesn't he Just ask for a change of venue?" See MANNS, Page 5B Defender Robert Norgard filed two motions in Polk Circuit Court requesting that the Sheriffs Office and the Office of the State Attorney be prohibited from talking to the news media and that no law enforcement officials be allowed to question Manns. "I'm just really tired of these comments in the paper like that," said Norgard, pointing to a newspaper article quoting Daniels as refer-ing to the child's killer as "possessed by the devil." Norgard said the media coverage "destroys a person's presumption of innocence and could hurt his right to a fair trial." County considers shutting down Brewster mine Steve Otto The Hillsborough Environmental Protection Commission charges that "repeated discharges" from the Fort Lonesome mine are polluting an Alafia River tributary. ff i. win limn-nmmm, -inirri- yiijtmtr tr MMtnijJ -K a- T' toaaaa-J' fr-fuMlli iBBffa uunmmnr Vr in I' I I I II I IjcltjASCOl JL-J 11 I 'L 1 ff By KIM KLEMAN Tribune Staff Writer The Hillsborough County Commission next week will consider shutting down Brewster Phosphates' Lonesome Mine in southeast Hillsborough County because environmental officials charge that the plant is continually polluting water. Commissioners Wednesday will discuss suspending the company's mining permit for the plant, east of State Road 39 and north of State Road 674, officials said.

The discussion is prompted by the Hillsborough County Environmental Protection Commission, which has charged Brewster with "repeated discharges" of phosphate waste into a tributary of the Alafia River. "It is our opinion that your (mining) permit should be suspended until the cause and cure for the repeated discharges from your mining operations are found and implemented," Roger Stewart, EPC director, wrote in a letter to Brewster officials dated Nov. 12. "We believe that a properly managed operation would not suffer as many incidents in such a short time period as Brewster over the past two years," the letter said. Brewster officials said they have not discussed the letter with Stewart and that there are no plans for meetings between the two groups.

"Anything I say would be premature and inappropriate," said Don Romanik, manager of Brewster Phosphates who said he received Stewart's letter Wednesday. "Don't make me be unkind." He said, however, that the letter was not prompted by any recent meetings between Brewster and the EPC. The Lonesome Plant has been operating for nearly 10 years, Romanik said. County commissioners must renew mining permits each year. Since 1983, six spills have occurred at the Lonesome plant and clays and sands have leaked into tributaries leading to the south prong of the Alafia River, said Alberto Martinez, of the EPC.

"It's all critical because of the cumulative effects," Martinez said. At risk, he said, are fish and vegetation in the tributaries and the river and wetlands in the area. "We have had spill after spill after spill," Stewart told the Tribune. "They're not directing enough of their resources to running a proper mining operation. We've carefully considered what in the world we can do to bring this to a halt.

Some county commissioners said they need to hear more about the topic. "I feel I need to know more facts," said Ron Glickman. "I don't really know what Is the complaint with Brewster. Maybe there just needs to be greater requirements on them than are on them now." Commissioner Jan Piatt said she didn't expect to receive Stewart's letter. She said she didn't know whether commissioners would make a final decision on the issue at Wednesday's meeting.

Whack cracks more than just bottle of bubbly Breaking news and other Friday Ottographs: You'd think being married to a shipbuilder she would have had a little expertise at the thing. "Thud!" That was Joan Steinbrenner executing a backhand with a champagne bottle against the spanking new Boys Girls Club general services facility, dedicating it as the Steinbrenner Center. The bottle did not crack. She tried another whack "Thud!" 5 "And I've always wanted to do it too," she said. "I've been to so many ship christenings but never got asked before." Husband George did not offer to help.

She gave it another whack. The bottle remained intact, but the building broke. "The bottle was wrapped too tightly and it wasn't cut," complained George. "At least we can take it home and drink it," consoled Joan. Boys Girls Clubs Executive Director Glenn Permuy is so impressed with the big chip in the wall he is thinking of putting up another plaque with just Joan Steinbrenner's name.

Have you noticed that Gov. Bob seems to be in town more than Mayor Bob, who is out trying to become Gov. Bob? What worries me about Gov. Bob are these workdays. I'm beginning to think he might be looking for another job.

I don't mind him trying out, as long as it's something harmless like teaching school or being a reporter, but I wasn't quite as thrilled to see that he was out pouring cement over at the new Skyway Bridge. i I'm already nervous enough about this thing. Can you imagine being stuck on the bridge on a windy, rainy night and wondering if you were sitting over the piling poured by Gov. Bob? Speaking of Mayor Bob, some of his aides have privately expressed concern at his continuing absence, especially following the Wednesday night political forum sponsored by the Tampa Bay Young Republicans. Candidate Armando Valdes, announced he owns several weapons, including a machine gun.

Of course it's dog eat dog out there in the jewelry business, but a machine gun? Rumors of an embarrassing coup may keep the mayor closer to the office in these final days. Although another candidate for the office, Helen Chavez, didn't show for the political forum Wednesday because she forgot about it, I ran into her earlier that evening at the Boys Girls Club dedication. In fact we wandered over to the goodie table along with Councllwoman Haven Poe. See OTTO, Page 5B Tribune photo by JIM REED Perspectives on fun The bars at the Ballast Point Park play- brother Jimmy, 11, puts a twist on the ground allow Jessica Ullman, 8, to have more conventional upright method of fun hanging upside down while her hanging around. Murder trial witness says prosecutors coerced him Daniel Munson's testimony was key in the murder case of James Douglas Hill.

By ED DEITZ Tribune Staff Writer The key witness against a Tampa man convicted of murder in 1980 and sentenced to die in Florida's electric chair has claimed in an affidavit that detectives and prosecutors coerced him into making false statements and obtaining illegal evidence in the case. Officials deny the accusations of Daniel Munson, a drifter whose last known address was in Houston. His testimony five years ago helped convict James Douglas Hill of the murder of 12-year-old Rosa Lee Parker. Hill and Munson were neighbors and friends. Hill, who was 22 at the time qf the murder, had a tested IQ of 66, which one psychiatrist interpreted as that of a slow 11-year-old.

His new trial is scheduled to begin Dec. 16 on the charge that he strangled the girl and left her partially clad body in a shallow muck grave near 21st Street and 62nd Avenue. Munson, in an affidavit filed with a court reporter in Houston, states that, throughout the investigation, "I was threatened by the detectives and state's attorneys involved that if I did not cooperate with them, that I would go back to prison and that I wouldn't last long in prison. "State's Attorney Anthony Guarisco said that if I didn't cooperate, that I may not even make it to the trial but I would be all right if I testified and said what they wanted me to say," Munson said in his affidavit. He is wanted in Houston for a parole violation but can't be found, Houston law enforcement officials said.

Guarisco, now a prosecutor in Leon County, denied Munson's accusations. "I believed that if I did not do what the See MURDER, Page 2B Hill was sentenced to death in the case, but the Florida Supreme Court ordered a new trial for Hill because, five of the seven justices decided, Hillsborough Circuit Judge Harry Lee Coe III erred in not holding a hearing on whether Hill was mentally competent to stand trial. Inside Continuing talks on convention center raises questions Analysis I Veterans charged with fraud 2 Four Tampa men are among 20 veterans charged with defrauding the Veterans Administration out of more than $624,000. The charges are part of a crackdown on abuse in federally funded programs, said U.S. Attorney Robert W.

Merkle. 6 license designs make finals 9 Judges have whittled the 3,500 entries in the state's contest to find a new license plate design down to six finalists. The design must be approved by Gov. Bob Graham and the Cabinet. By BRUCE DUDLEY Tribune Staff Writer When it comes to Tampa's plans for a new $146 million waterfront convention center, Mayor Bob Martinez is beginning to sound like a broken record that keeps blurting out the same words over and over.

Martinez says: The convention center will be built. He and Bill Mack of Mack Harborside Associates are still negotiating on a construction agreement. Progress has been made. They're working out technical details. But more time will be needed.

Thursday, Martinez asked for and received another time extension from the City Council. This time to Dec. 5. This is more than a year since a Tampa Convention Center Review Committee, appointed by Martinez, selected Mack Harborside as the center developer on Aug. 7, 1984.

land development In anticipation of a convention center being located nearby. Planners of a downtown retail mall also are interested In the future of the convention center. One developer had once proposed connecting the convention center hotel with the planned retail mall. Martinez told the council Thursday he and Mack have been "exchanging information." They exchanged Information first on Oct 16 in a Harbour Island hotel room. They exchanged Information next at the Tio Pepe Restaurant in Clearwater, They have been continuing to exchange Information.

"But we don't have an agreement on the Information being exchanged," Martinez said. "I submitted some new Ideas, and he (Mack) in return did the same. Each have accepted part of each other's See TALKS, Page It's also 36 days since a stern Martinez recommended terminating negotiations with Mack. It's four weeks since Martinez had a change of heart and got the council to grant him two more weeks to negotiate with Mack. Two additional weeks were granted on Oct.

31, and so the convention saga continues. Just what is going on? A lot of developers would like to know. Major Realty and Prudential Insurance are planning a multimillion-dollar project, connecting with the convention center. The Tampa Port Authority has a $387 million project planned along the Garrison Channel and Beneficial Corp. already has put millions of dollars into its projected $1 billion Harbour Is Mayor Bob Martinez has said little about the convention center negotiations.

Bill Mack, of Mack Harborside Associates has said nothing at all. H-C FiSCO.