The Journal Times from Racine, Wisconsin • 13

Metro east Niki Scott, page 2 Dr. Lamb, page 2 the journal Times Friday, Aug. 22, 1980 Dalton murder appeal involves broader issue By Dennis HeUel Mm Journal Tlma Tbt case simply called State v. Steele, but -the legal Implications of Richard Steele's murder cue could hold the key to Lawrence Del ton's chances for a new trial In the kidnapping, rape and murder of a 23-year-old Racine woman, The 2nd District Court of Appeals sat In Racine Thursday and beard oral arguments la Dalton's appeal. Mark Lukoff, a state appellate public defender, tried to convince the court to throw out the kidnapping conviction and give Dalton a new trial on the murder and rape charges.

Sally L. Wellman, an assistant attorney general, argued that the three Judges should uphold the jury verdicts delivered last October in the court of former Kenosha County Circuit Judge Burton Scott Scott has been elected to the appellate court and disqualified himself from hearing the case. He was replaced by John Decker, a Milwaukee appellate Judge. Dalton Is serving a term of life in prison plus 15 years. He is being held at Central State Hospital In Waupun as a sex deviate.

His lengthy trial last October focused on a bizarre lifestyle that Included prostitution, group sex, abuse of women and children, welfare fraud and a variety of other schemes. Evidence during the trial showed that Dlanchle Penna, a woman described as a "home body" who wouldn't date without a chaperone present, was strangled to death and then burled In the front yard of Dalton's former home In southeastern Kenosha County. Her body was discovered nearly two years after she disappeared. Throughout argument Thursday the names "Steele" and "Hughes" wove through statements made by both attorneys. At issue is whether psychiatrists are competent to testify whether defendants were capable of forming an intent to kill.

Prosecutors must prove Intent in order to convict people of first degree murder. Lukoff claims Scott erred when he refused to allow defense attorney Myron Keyes to call psychiatrist Vincent Giannattaslo as a witness. The doctor would have testified that Dalton was a sadistic sex deviate who not." The court, In effect, ruled that psychiatrists have not advanced their science to the point where they're competent to tell a Jury whether someone Intended to kill someone else. However, the court Indicated psychiatrist's medical opinions remain proper If the Jury, after delivering a verdict, must decide whether the defendant was Insane. Lukoff, whose office also Is handling the Steele case, said Thursday that there's no question the Supreme Court decision on Steele will be appealed to a federal court.

Lawyers say the Steele case has obvious Implications in any murder case in which either side wants to call on psychiatrists. Lukoff argued Thursday that, in Dalton's case, the appellate judges should give greater weight to the Hughes case. "That's still the authority," he said. Another Issue in the case was Scott's refusal to grant a mistrial on two occasions when Kenosha County District Attorney John Landa allowed witnesses to testify about Dalton's alleged Involvement In other crimes, including the murder of Debby Suz probably did not Intend to kill Penna. Had jurors heard and accepted that contention, they may have convicted Dalton of second degree murder, a lesser offense.

During the trial last fall, attorneys made constant reference to the "Hughes" case, In which a federal appeals court ruled that psychiatrists could testify about whether defendants had the ability to form an Intent to kill. Scott ruled the Hughes case didn't apply because, the judge said, the Hughes decision was not meant to be applied to a specific moment In time: such as the moment when Dalton was strangling Blanchle Penna, Dalton's appeal already had been filed when the, state Supreme Court ruled on the Steele case In June. Steele, convicted of shooting his wife six times in Sparta, argued for a new trial because, like the Dalton case, psychiatrist was not allowed to testify on his ability to form an intent to kill. In Steele's case, the Supreme Court said, in the words of Justice Nathan Heffernan: "While some courts may have blind faith in all phases of psychiatry, this court does anne Buker, a Chicago girl whose body was found in a steamer trunk near Antioch, In 1979. Wellman argued that the errors were not intentional and so minor that it would have been Impossible for Jurors to draw any conclusions from them, Lukoff said the kidnapping conviction should be dismissed because there was no evidence that Dalton deceived Penna into going with him to the Kenosha County home.

Wellman said there was ample evidence to allow Jurors to Infer that Penna had no Idea what Dalton's Intentions were. Lukoff also contended that the privilege" was violated when Karen Dalton, Lawrence Dalton's wife, testified against her husband. Wellman cited several legal reasons she said showed Lawrence Dalton waived his right to keep his wife from testifying against him. The appellate judges did not Indicate when they will Issue a decision In the case. If Dalton loses, it's expected the case will be appealed to a higher court.

Aspin blasts census Man charged in shootings freed from jail examination. The judge ordered Lake to notify both his attorney and Konkle within three hours after his casts are removed. An order by probation officials that also was holding Lake in the county jail was waived, officials said. Sheriff Leland Wittke today criticized Skow's action. "Something's wrong with the system," Wittke said.

"Here's a guy out on bond for shooting two officers while we've got guys in jail because their driver's licenses were revoked." Wittke said Lake had been In the Burlington hospital under a 24-hour guard until Wednesday, when he was taken to the jail. "If I'd known he'd be out, we could have saved the taxpayers a lot of overtime," he said. Had Lake required medical attention while in the jail, the county would have been responsible for his treatment, officials said. Skow defended his decision today, although he acknowledged that the action had the outward appearance of a defense attorney "shopping" for a lenient judge. "The two sides agreed to the surety bond and all the conditions set were mine," Skow said.

"I see no substantial risk to the community. If the purpose of bail is to assure a defendant's appearance in court, I think this does." The judge also said he felt that since the prosecution of the case Is being handled by Konkle, not Scott, Konkle was more familiar with the situation. I The shooting incident on July 31 occurred when Lake, who is on probation for an earlier incident in which he punched a deputy, allegedly shot and wounded Deputies Earl Womack, 36, and Paul Roemer, 32. Deputies had been called to his home to quell a reported By Dennis Hetzel ttw Journal TlmM A Water ford man charged In connection with the shooting of two Sheriffs deputies was freed from the Racine County Jail after a judge changed his bond late Thursday afternoon. Irj allowing Joseph N.

Lake, 19, to go home, Racine Circuit Judge Jon Skow set a number of strict conditions and said Lake's medical condition was the main reason he was allowed to go to his parent's home at 30349 Beach View Lane, Waterford. Lake, was wounded in a gunfire exchange with deputies July ,31. Court officials said Skow's action came ess than an hour after another judge, Timothy Vocke, set Lake's bond at $50,000 cash, which had the effect of keeping Lake in the county JalL Vocke has been presiding in place "of Circuit Judge Emmanuel Vuvunas, who is on vacation. At the first hearing, Assistant District Attorney Frank Scott asked Vocke to set bond at $75,000 cash. A preliminary hearing on the two attempted murder charges against Lake was set for next Wednesday in Skow's court.

After the hearing, court officials said, Lake's attorney, Frank L. Schl-ro of Milwaukee, obtained a second bond hearing, this time in front of Skow. In that hearing, both Schiro and Assistant District Attorney Dan KonkoJ agreed that Lake should be released on a $35,000 homestead bond signed by his parents, Kenneth and Muriel Lake. Skow required that one of the parents always be at home to supervise Lake. The judge said Lake could not leave the home except to go to Burlington Memorial Hospital for treatment of his injuries, which could Include a blockage In his abdomen.

Lake has a cast on each leg as a result of his gunshot wounds. Skow also ordered Lake to get a psychiatric journal Times photo by Chuck D'Acquisto Splashy swing By Marca Watkins ot thi Journal Tlmti What they allege to be double talk from the U.S. Census Bureau has raised the Ire of Racine city officials and Rep. Les Aspin, D-East Troy. Aspin said that during a meeting today with President Carter he plans to discuss the census problems in Racine.

Charging the bureau with "double talk and duplicity to cover up an inaccurate 1980 population count," Aspin said he wasn't getting straight answers about Racine concerns from the regional census office. Aspin said Racine officials were assured they would receive new population counts when local census officials recanvassed areas questioned by the city. "Now they're told the new numbers don't exist or can't be given out or they're inaccurate working numbers," Aspin said in a news release. However, according to Aspin, the state Department of Administration is using the disputed census count as preliminary figures for determining state revenues. Preliminary figures showed Racine's population fell more than 15 percent between 1970 and 1990.

Thomas Wright, director of city development, said today that Mayor Stephen Olsen's office has been in constant contact with the local census office and Aspin. The 1970 census gave Racine a. population of The 1990 preliminary figure was 80,449, but city officials maintain the population is much closer to 90,000. It that count stands, the city could lose millions in federal and state aids. According to Wright, the city has disputed the number of housing units and what is considered an Inaccurate population count in the inner cit- y.

The local census office has said all of Racine's concerns have been satisfied. However, according to Wright, the office will not release written information regarding population recanvassing results. The city is almost ready to accept the follow-up results for the number of housing units, said Wright However, he said, there still la some doubts about the accuracy of the Inner city population count, which includes the southern city Urn its to the westerri limits of the Root River and Yout Street on the north. Wright said the city is concerned that although there Is an appeal procedure on the number of bousing units at the regional and state level, he knows of no such procedure for disputed population counts. Aspin said the state Department of Administration has notified Racine that its preliminary population figure, based on the 1330 census, is 86,000, "but the Census Bureau won't talk directly to local c'llals." "We want assurances that the district office in Racine will remain open until local concerns have been satisfactorily addressed," be said.

Cesario, his sister Monica and brother James, all of Beloit, assured their aunt, Betty Adrianson, of 1007 Ohio that she would be the one tackling the wash after they finished their outing. Find a puddle of muddy water, a swing set ana youngsters with clean clothes and a mother can be assured she has the makings for another load of clothes to wash. However, from left, vistors Marc Economy occupies forum Panel considers disabled and courts ment are serious issues as well, she said. She said she supports sunset laws in which agencies are examined before they automatically get their budgets renewed. Industry should have tax Incentives by which they could write off investments they make in their companies over a 10-year period, she suggested.

(2nd District Democratic candidate Jeff Neubaoer said crime, taxes, energy and the environment, and getting more control over the state Public Service Commission all are matters concerning voters. Among his recommendations are getting the school tax off the property tax, avoiding nuclear power plant development by revitalizing existing hydroelectric plants and coming up with ways to fire PSC members. (2nd District Democratic candidate Gregory Mack said he thinks it's "kind of hypocritical to give my viewpoints oo the issues" when a state representative should represent his constituents' viewpoints. Cad 'District Democratic candidate Marvin Happel said he's the on ly candidate who's served in an elected capacity. Happel said during his four years on the Unified School Board four years "everything I promised I would try to do, I have tried to do." He said that the state could take steps to stop Industry from moving to more favorable business climates, that the energy delivery system needs to be examined and that the elderly need to be able to retire In dignity.

2nd District Democratic candidate. Douglas Musurllan said the state's Juvenile Code will be up for review next year and he'd like to make some changes in it He supports a constitutional amendment to deny ball in certain Instances for persons charged with serious crimes, be said. 3rtf District Democratic candidate Larry Mork said there's a need for public meetings so a state representative can keepln touch with constituents. He recommended taxing out-of-state residents driving through Wisconsin and suggested a plan for people to donate money to state wildlife programs. How to rejuvenate the sluggish economy was one of thd major topics of discussion at a candidates forum sponsored by the Racine League of Women Voters Thursday.

First District Republican candidates and 62nd and 63rd District State Assembly Democratic candidates were invited to speak on campaign issues at the forum at Star-buck Junior High which about 50 people attended. The candidates face primary election battles Sept. 9. Republican congressional candidate Donald Walsh said inflation, unemployment and national defense are among the major issues he's addressing. Walsh charged the Democratic Congress "has Duilt in a recession to slow down the economy" and Is responsible for current stringent Federal Reserve Board monetary policies.

What Is needed is new answers like the 10 percent tax cuts being recommended by Republican pres-identia" candidate Ronald Reagan, according to Walsh. Republican congressional candidate Edward Hock said be sees Inflation as the most important campaign issue and said what is needed is "stability and strength through capital formation." Huck said American farms and businesses need to be rebuilt and there needs to be less government. But he said the tight money policy bad to be adopted because of an extreme inflation rate. Democrats should be blamed for high spending which contributed to the inflation, be said. "Cutting taxes 10 percent when the inflation rate Is 9 percent is not right Just because Ronald Reagaa says it's so," Huck said Republican cngrtaatenaJ ca natal latbertne Canary said people feel there is too much government spending.

Inflation and unetnotov- partment of Health and Social Services, which conducts pre-sentence investigations. Merlen representing the Association for Retarded Citizens In Wisconsin, said, "There are stories that people who are moderately re- tarded are being held in almost a captive setting because people don't know what to do." Assembly Chief Clerk Marcel Dandeneau, who served on a special committee which helped draft the bill, said the mentally retarded are at a "distinct disadvantage" in the criminal Justice system. "Rehabilitation is practically nonexistent," Dandeneau said State Rep. James Ladwlg, -Caledonia, said the bill might serve to clog the court system. left up to the judge right now if be wants a pre-sentence investigation," be said.

"I think we're going a little overboard." Earl Bell. 3625 St Clair said the bill would "lead to additional legal clutter." The Assembly committee also beard testimony on a bill which would make it easier for courts, corrections and treatment Institutions to exchange juvenile educational, mental health and court records. Racine attorney William Whitnall said, "I can't tell you bow frustrat-U is to have oo school records wbea talking Jo a judge about a By Margo Wilson fM Journal TlmM A State Assembly bill which would require a pre-sentence court report whenever It's believed a defendant may have a physical or developmental disability drew both support and criticism at a hearing In Racine Thursday. Richard Harvey, recently retired Racine County circuit Judge, argued before the Assembly's Committee on Criminal Justice and Public Safety that the committee should leave something to the discretion of attorneys and the courts. "You're legislating the obvious," Harvey said.

Tm unaware of anyone in tills county being put in jail because bis developmental disability was overlooked." Harvey said if a person has an obvious handicap, the judge and attorney wiU notice it If it's not tt will tura up during the course of the legal proceedings, be said. However. State Rep. Lois Pious, D-Milwaukee, said she didn't think a mentally retarded or mentally 111 person would say to a Judge, "I'm phobic, I'm depressive." "In most cases, it (the disability) would be overlooked," Pious said: Harvey said tf pre-sentence reports were required for physically and developments? disabled per-torn javobed ia misdemeanor as well a ta felony cases tt would "tores the back" of the state De Police condition at St. Luke's Hospital today.

Jensen was treated at St Luke's and released, and a passenger oo bis motorcycle, Steven C. C4-sen. 28, of 2513 Blaine was listed in satisfactory condition at Luke's. Caledonia firefighters said a fire at the Caledonia Community Youth Foundation, 7905 Lakeshore Drive, Thursday night was of suspicious origin. The fire caused minor damage to salvaged lumber la an unused section of the building.

INJURED Three people ia aa accident at 6th and Villa streets shortly before 2.15 a m. Robin Peterson, 3U of 955 Washington was walking across the street when be was hit by motorcycle driven by Dnvnj J. Jensen, 24. of 3400 Mitchell St. police said.

Peterson was listed ia fair ARRESTED A 18-year-old Racine boy Thursday night oo charges of burglary and operating a vehicle without the owner's consent ta connection with an Aug. 12 break-in at a garage at the Dale F. Kirk borne. 2319 20U St. in which a motorcycle was taken.

FIRES A "fire at the Joha Ketarkus borne, 3612 Kinzie Ave, caused heavy smoke damage to a second-floor bedroom shortly before 7 p.m., Thursday. Firefighters said a faa motor overheated, causing a fire that spread up the bedroom wsJL ROBBED Susan J. Peet. 19. of 8811 Maple Crest Drive, who told police two teen-agers sastcbed her purse, which contained $11, as she was getting into bet car parked at 2427 Lathrop Are.

Thursday..