The Journal Times from Racine, Wisconsin • 3

the Journal limes Forinor Raclolao FRIDAY Aug. 14, 1992 dies in crash 5j 3 til 1 i i 1 v. 1 LJ LJ Ld VJI '7T T-v I lit i i i IV m1. i mum ft A Watkinson proceedings, 1984-92 Judges will decide if records of mental state should be opened By Gary Metro Journal Times Does the public have the right to know why freedom was given to a crime suspect with a history of being mentally ill and dangerous? Or does a law requiring confidentiality of mental commitment records prevent disclosure Of doctors' reports on a man accused of murder and robbery? These are questions judges from the state Court of Appeals will face today in the Racine County Courthouse. fnnm IKo gnnallata amh4 in Woiili-Actia mill Here are some of the significant dates in criminal and mental commitment proceedings for Billy Jo Watkinson; January 1SS4 Watkinson is accused of murdering 42-year-old Timothy Ruggaber in his Racine apartment.

March 1884 A judge decides Watkinson is mentally incompetent to stand trial. He is ordered to get treatment in a state hospital. October 1885 After Watkinson's condition fails to respond to treatment, he is committed through civil proceedings to a state hospital. 1935 through 1887 Various psychiatric reports consistently describe Watkinson as psychotic, hallucinating, dangerous and unlikely to' improve. August 1988 A psychiatrist at Winnebago Mental Health Institute reports Watkinson has improved through medication.

He is considered for placement in a group home. 1990 Watkinson is released from the state hospital and moves into a group home. He no longer is portrayed as dangerous to others. December 1331 Racine police arrest Watkinson on armed robbery charges. He is accused of robbing branch offices of Bank One and Bank of Racine.

January 1992 A judge orders Watkinson to undergo drug treatment recommended by a state psychiatrist. The treatment is expected to make Watkinson competent to stand trial. June 1932 Watkinson is mentally competent to stand trial on armed robbery and murder charges, a judge rules. August 1992 Watkinson pleads not guilty to armed robbery and murder charges, but reserves the right to enter an insanity plea prior to his jury trial. A trial date hasn't been set.

"Under certain circumstances, the court has the statutory authority to release these documents." Constantine said Watkinson's records should be open for inspection as a matter of public policy. "The case before the court involves public safety," Constantine said in a written argument. "His mental condition was such that there was sufficient evidence to have him committed and institutionalized for a number of years. "For reasons that the public at this time does not know, it was determined that (Watkinson) no longer represented a risk to the public and he was released." Constantine said the decision to release Watkinson from a state hospital should be explored in a public forum. "The public needs access (to records) to make sure that the people who are involved in the (mental commitment) proceedings are making the appropriate decisions," Constantine explained.

Tyroler, who filed a written appeal of Torhorst's decision, said the newspaper and members of the public don't have a right to review confidential records on Watkinson. "His records are explicitly protected under (law) mandating that 'files and records of the court proceedings under this (law) shall be Tyroler said in a written argument. In a recent telephone interview, Tyroler said a state law requiring confidentiality of mental commitment proceedings should not be breached by a trial court judge. decide if the journal Times can review a court file on the mental commitment of Billy Jo Watkinson. An attorney for the newspaper, Charles Constantine, will ask the judges to uphold a Feb.

17 decision by Racine County Circuit Court Judge Allan Torhorst. He decided court-ordered reports can be public records. Watkinson's attorneys, Sean Brown and William Ty-roler of the state public defender's office, contend Torhorst made the wrong decision. Their appeal has prevented the newspaper from inspecting Watkinson's record. Constantine said Torhorst had the authority to grant the newspaper's request to review the commitment records on Watkinson, 28, of Racine.

"The issue is whether a trial court may exercise its discretion to release to the press and the public certain portions of the document file," Constantine explained. pains to ensure confidentiality in records if it's automatically lost (through being a court-ordered examination)?" he said. "If competency and commitment records may be re leased, so too may guardianship, protective services and protective placement-related records, when generated by court order," Tyroler argued. "This is a short list: The rule addresses any order for 'examination of the physical, mental or emotional condition of the so the possibilities are literally endless." "The statute affords an absolute right to privacy," he said. In a written argument, Tyroler said if Torhorst's decision is upheld, the public would face great potential for harm if other court-ordered examination records became available for inspection.

"Individuals may be deterred from seeking needed help, since it simply won't be possible to know whether a treatment record will some day become part of a court record," Tyroler said. "Why do the statutes and regulations go to such' ov juimrDps top BqsH: Kmart opens to packed house getd pcopeirSv wai islfeiL Jlfcts jf IlifriSi ft 41111 Construction adds to surge in counties contributed $2.1 billion to increased property values. "New-home construction has a very important impact on the economy in general, with its ripple effect on other sectors of the economy," Bugher said. "That translates into good news for state revenue collections." The value of residential property in the state rose $6.7 billion overall, a 7.15 percent increase over the year. Commercial property values rose $1.1 billion statewide, of which $882 million was due to new construction, and manufacturing values rose 4.77 percent, boosted by $295.8 million in new construction.

Equalized value, which is adjusted to offset differences in local assessment practices, are used to calculate individual communities' shares of school and county taxes, and govern the distribution of some state aids. Equalized value grew by 7 percent to $2.22 billion in the city of Racine. Kenosha ranked second among the state's 19 largest cities with an 8.84 percent increase. Its equalized value was $2.25 billion. Janesville led all cities in equalized value growth last year at 9.01 percent.

Other leaders were Fond du Lac at 7.93 percent and Superior, with 7.89 percent. Associated Press Racine and Kenosha were among the top four counties with the greatest increase in property value last year, the state Revenue Department said Thursday. Racine County's value grew 8.8 percent, while Kenosha had faster climbing property values at 11.75 percent. The other counties were Menominee at 13.6 percent and Walworth with 11.07 percent growth. The department reported that new construction in Wisconsin was up $3.4 billion last year, contributing to a 5.74 percent surge in Wisconsin's taxable property value.

"That's a very positive comment on the underlying strength of our economy," Revenue Secretary Mark D. Bugher said as he released the state's 1992 report on equalized values. It was the fourth straight year in which taxable property values grew more than 5 percent, and the third straight year that farms as well as other types of property posted an increase. Bugher said he was especially pleased that new-home construction fcg. i 1 11 ti in.

,,1,, I I tit I By Paul J. Holiey Business Editor The economist who coined the phrase "pent-up demand" should have been at the new Kmart High Ridge Centre store Thursday morning. As local dignitaries, Kmart executives and local store managers were introduced at a ribbon-cutting ceremony, a knot of anxious shoppers started to fill the entrance at 2225 S. Green Bay Road. "All right, let's do some business boomed store manager Mike Mertes as the red ribbon was snipped.

Then, the glass front doors swung open and a wave of shoppers surged into the new store to snap up free white Kmart caps, rolls of camera film and other goodies. The arrival of the discount store was a long time in coming, said Jim Rosland, Kmart district manager for southeastern Wisconsin. "I've been getting newspaper clippings for the past three years saying this store was going to open any month," he told store -employees and guests. The new Kmart, which replaces a smaller store at 1750 Ohio has been in the works since 1988 when a Chicago developer purchased the former High Ridge Care Center property from Racine County. But the shopping center project stalled, and the developer eventually lost the 37-acre site in a foreclosure.

Kmart Corp. of Troy, bought the land last summer and developed the shopping center itself. The center's first retailer, Toys-R-Us, opened last fall. Rosland, who served as the master of ceremonies, said the Racine store marked his 10th new store opening and the biggest turnout yet. He thanked Kmart employees for their hard work and local suppliers Western Publishing Co.

and S.C. Johnson Son Int. The Kmart's red-smocked employees opened the ceremony by marching to the front of the store chanting, "Kmart, Kmart, ooh, ahh!" Another 30 employees were added to the 110-member work Charles S. ValloneJournal Times Colleen Lyons, left, her mother Mary Nielsen and Colleen's daughter Crystal Lyons, share pinks lemonade ices at the grand opening of the new Kmart on Green Bay Road Monday. force at the Racine store.

SiipQnisoi Cecils for joint planning Kmart plans to renovate or replace all of 2,397 stores by 1995. Rosland said the project is about 60 percent complete in Wisconsin. A new Kmart opened last year in Caledonia and another store opening is slated for Brookfield this fall. The rest of High Ridge Centre is quickly taking shape. OfficeMax, a Kmart subsidiary which sells discount office supplies, will open within a few weeks.

Also coming this fall is Rogan Shoes. Construction will start soon on Builders Square, a Kmart subsidiary that specializes in home improvement items. That store is expected to open in 1993. As the new Kmart opened, a sign company was removing the large, red Kmart logo from the Ohio Street store. Fred Synk, a Kmart real estate attorney, said the company is searching for a tenant to lease the space.

a rf is UNION GROVE Spending thousands of dollars to fix up a road that soon will have to be torn apart was a waste of money, according to Terrence McMahon. So the Yorkville Town Board member is asking for a joint meeting between the Yorkville and Union Grove planning committees. "We needto work together better on planning issues," McMahon said Thursday. About one-quarter to three-quarters of a mile of 67th Drive will be torn up for utilities to serve a 69-acre residential development area that was annexed to the city this week, McMahon said. The town just improved the road a couple of years ago, he said.

The planning committees, he said, might be able to address ways to improve cooperation on annexation and other issues. "I'd like to establish guidelines for 10 to 15 years so we know the direction each municipality is moving in," McMahon said. The land annexed is bounded by 67th Drive on the east, Highway 11 on the south, the village limits on the east, and the former Soo Line tracks on the north. It will increase the village's land area by 11 percent and be used for single-family houses. 1 k.

Shoppers jammed the aisles looking for deals. WJqzlI eon 3 Mle Koadl Drmsiy lb tileiav Traffic jam in financing causes project pileufr Man arrested on drug charges An investigation of child abuse ended up a drug bust Thursday night. Racine Police Capt. Richard Klofanda said when fcolice arrived at 1108 Douglas Ave. shortly after 6:30 p.m.

they were told the suspect also had marijuana growing in his backyard. Thomas Lyle Lindsay, 39, of the Douglas Avenue address, was arrested on charges of possession of marijuana, possession of a firearm by a felon and possession of drug paraphernalia. Police found 18 marijuana plants, three marijuana pipes and a loaded revolver. Authorities said the child abase investigation continues. crate on boundary roads.

There already is plenty of friction. The city has refused Caledonia's request for help in paying for improvements to Highway 32 between 3 Mile and 4 Mile roads. "The reason being is it's outside the city," Larson said. "They're implying the road is used by city residents, but if that's the case, we should be charging Caledonia and Mount Pleasant because they're coming into the city. Caledonia also is interested in're-surfacing North Green Bay Road near John II.

Batten Field, and has unsuccessfully asked the city to pay extra for that because the city, which did not annex the road when it annexed the airport area, gets tax revenue from the airport. then we're looking at 1995 before we start construction," Blazek said. He said the last time the road was resurfaced was in 19JS8. The road now carries almost 3,500 vehicles per day more than the it was designed to carry, which means it will crumble quickly once it starts, according to Blazek. Larson said Caledonia's Charles Street project, which would allow more residential development in the area, would farther overload 3 Mile Road.

He added that if the town refuses to pay the $600,000 for the 3 Mile project, the governments may have to look for a different way to coop- eral aid, would be Caledonia's responsibility. Town officials, who could not be contacted Thursday, have said the city should pump in more of its federal dollars because it is the municipality pushing for the project. The city has refused to lump in the extra $600,000, although Racine's Public Works and Services Committee will probably reconsider the issue in November, according to Alderman Robert Sucharda, committee chairman. If agreement comes then, construction could begin as planned in 1994, according to Blazek. "But if it goes into next spring, Street project in Caledonia.

The town asked the city earlier this year to use more than its usual share of federal dollars so Caledonia could save its allotment for the estimated $1.68 million Charles Street project, which would reconstruct it between 5 Mile and 6 Mile roads. "It would be like us giving them $600,000 for the project," said Fred Larson, director of the Racine Department of Public Works. Larson said that, under the usual arrangement, the municipalities would pay according to frontage. In this case, 30 percent, or $600,000 worth of the amount eligible for fed By Joe Buttweiler Journal Times A financing spin-out involving Racine and Caledonia could push reconstruction and widening of 3 Mile Road back a year. The delay could result in a rocky road for motorists who use the already crowded stretch between Main Street and Douglas Avenue.

"It's in fairly good condition, but it's starting to deteriorate and it will go fast because there's so much traffic," City Engineer James Bla-zek said Thursday. The estimated $2.5 million project is top on the city's list of federal aid projects, but is behind a Charles.