The Salina Journal from Salina, Kansas on May 12, 1997 · Page 12
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The Salina Journal from Salina, Kansas · Page 12

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Monday, May 12, 1997
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B4 MONDAY, MAY 12, 1997 NATION THE SALINA JOURNAL T CRIME Boy's testimony allowed in trial Judge rules boy's videotaped testimony can be used against parents in their murder trial By DANA CALVO The Associated Press SAN DIEGO — With a first-day-of-school haircut and new sneakers, the 8-year-old boy climbed up onto the large witness chair and described the night his cousin died. He told the judge how he peered through a fist-sized hole where the doorknob used to be and saw his 3 Vi-year-old cousin with his father's filthy undershirt hanging off her shoulders. He saw his parents draw her bath. Clouds of vapor rose from the tub. Then, the boy said softly, he watched his parents submerge her in the scalding water. "When they — when they — when they would put the hot water, she would scream and cry. ... I heard nothing else," he told the court. Genevieve Monique Rojas died that night from burns covering 50 percent of her body. Creases of virgin skin amid the child's raw, peeling flesh proved she was conscious as she crouched, trying to protect herself, prosecutors said. The boy's searing testimony against his parents was videotaped in 1995 at a preliminary hearing. This February, just before jury selection in the father's trial, Superior Court Judge Michael Wellington issued an extraordinary ruling. Acting on the advice of therapists and without prior requests from attorneys, he admitted the preliminary hearing testimony — normally considered hearsay — as evidence in the murder trial. Wellington effectively made the boy, now 10, or any of his siblings "legally unavailable" to take the stand. "Substantial trauma will be visited on these kids if they were called to testify," the judge said. "It seems to me that the courts must have and do inherently have the right Photos by The Associated Press Ivan (left) and Veronica Gonzales are charged with the torture and murder of their 3%year-old niece. Their 8-year-old son witnessed the event and will testify against them. to make orders protecting children from clear and imminent harm." Jurors in the father's trial viewed the videotaped testimony two weeks ago and began deliberations Wednesday. They resume their talks again today. Experts who searched computer records could find no other U.S. death penalty case in which child has testified against parent, and the judge's ruling has divided legal and child-care experts. Daria Tecco, who tries about 100 child abuse cases a year as assistant district attorney in Chester County just outside Philadelphia, backs the ruling. "When you look at the black letter of the law, that preliminary testimony may not be admissible," Tecco said. "But when you look at the spirit of the law, you're dealing with a child who may have witnessed his parents murder a child." Albert J. Solnit, a senior research scientist at the Yale Child Center, said the boy should not have testified at all. Solnit suggested that the four months of questioning the boy endured actually continued the abuse he allegedly suffered at the hands of his parents and his testimony made him relive the horrors he experienced in a courtroom rather than a therapeutic setting. The parents, Ivan and Veronica Gonzales, are charged with the July 21, 1995, torture and murder of Genevieve, the daughter of Veronica's brother. Ivan Gonzales, 30, has maintained his innocence, claiming his wife regularly beat him and killed the girl. Veronica Gonzales, 27, has also pleaded innocent and is to stand trial in September. She says her husband battered her and was Genevieve's killer. The Gonzaleses' offer to plead guilty in exchange for life without parole was rejected. "We're going for the death penalty," said Gayle Falkenthal of the San Diego County district attorney's office. T DOG ATTACKS Wounds from dog maulings hard to heal A year after serious attack, 6-year-old boy is still scarred by event By The Associated Press BELTON, Mo. — A dog nearly ripped off Ryan Clary's forearm more than a year ago, but the 6- year-old boy still prefers wearing long sleeves to hide the scars. His doctor remembers how self- conscious Ryan was while recovering from the attack. "Anytime we removed the cast, he wanted it back on because he didn't want to show it," said Dr. Ganesh Gupta of Children's Mercy Hospital in Kansas City. Ryan's story shows how devastating even a nonfatal mauling can be. Ryan goes to school and plays like any other child, but he's scarred both emotionally and physically. Maulings that recently killed two children in Kansas and Missouri have prompted calls for stronger laws. The deaths also caused Ryan's parents, Kim and Jeff Clary, to relive the family's ordeal. Three Rottweilers killed 11- year-old Christopher Wilson of Milford, Kan., at his school bus stop April 24. That same day, two pit bulls killed 4-year-old Derrick Brandell of Lamar, Mo., as he played in a yard. "I'm just livid about these attacks," Kim Clary said. On Feb. 17, 1996, Ryan had stopped in an alleyway behind the Belton home of James G. Choate to pet Choate's dog through a hole in a fence. The dog savaged his left arm, nearly tearing it off. Authorities saythe dog is a wolf- hybrid, but Choate says it's not. Ryan underwent several surgeries, but one of his most traumatic moments came when the wound was first exposed. Doctors and nurses at Children's Mercy gathered to remove the bandages. "Ryan was initially terrified to look," his mother said. For two to three weeks after the bandages were removed, Ryan, then 5, was so scared that he wouldn't even peek. Once he did, he was ready for what he saw. "I think he expected it to look a lot worse," his mother said. The Clarys credit doctors and a psychologist for helping Ryan deal with the emotional side effects. "Dr. Gupta told him, 'You are more than an arm. You are a little boy,'" Kim Clary said. Gupta said Ryan would need more surgery and perhaps occupational therapy. His forearm will need more soft tissue from another part of his body. ; "I would classify his injury as a near-amputation of the arm," Gupta said. The doctor said the arm is healing well, but Ryan has limited motion in his wrist and fingers, which could improve with occupational therapy. In Kansas, dog laws vary by community. But Ryan's parents, as well as a Cass County prosecutor and legislator, want Missouri law changed to broaden powers to put a dog to sleep if it has severely bitten of killed a person. "There needs to be some strengthening of laws as it pertains to animals attacking human beings," said State Rep. Ed Hartzler, a Belton Republican. Salina Journal Toll Free In Kansas Call 1-800-827-6363 Publication Mon. Tue« Wad Thur. Frl Ad Deadline 11 a.m., Frl. ,... .4 p.m., Frl. ..11 a.m., Man. . .11 a.m.,Tue§. .11a.m., Wed. New Ads, Cancellations and Correction* j '(Line ad* do not Include photo*, bonier* of artwork) Publication Mon Tin*. Ad Deadline .. .10 a.m., Sat p.m., .m., ML ntu Mon. i-lWp^MSK ,V'*-.?> -"-iftfe? >•».'•• Sat 4 p.m., Wed. Sun 11 a.m.,Thur. •• ! »8SBS . .;' .'.•.,iS':s-^AV. INDEX W«d 1 p.m.,TlMt. Thur. ,1 p.m., W«d. Frl 1 p.m., Thur. Sat 10 a.m., Frl. Sun 1 P.W.I Frt. '(Deadline* may be earlier during holiday period*) ANNOUNCEMENTS — Monuments, Funeral Directors ..... 11 hi Memoriam ................... 15 Card of Thanks .................. 19 Amusements, Events ............. 25 Vacations, Resorts ............... 27 Personals ...................... 29 Special Notices .................. 35 Lodges-Clubs ................... 39 Lost-Found ..................... 45 Schools-Instructions ............. 49 SPECIAL SERVICES — Alterations & Sewing ............. 55 Appliance Repair ................ 59 Art Services .................... 03 Beauty & Barber Shops ........... 69 Bicycle-Motorcycle Repair ........ 75 Billiards & Pool Tables ........... 77 Bookkeeping-Taxes .............. 79 Carpentry & Remodeling .......... 85 Child Care & Services ............ 87 Cleaning-Commercial, Home ....... 89 Clocks-Watches-Jewelry 95 Courier/Delivery Services 97 Electric Service & Motors 99 Fencing 103 Furniture Repair 105 Healthcare 113 Heaiing Aid Supplies 115 Heating & Air Conditioning 119 Insulation-Siding 121 Internet/Computer Services 123 Laundry-Dry Cleaning 125 Lawn & Garden Care 129 Lawn Mowers & Engines 135 Leather Cleaning, Repair 136 Masonry & Concrete 137 Miscellaneous Services 138 Moving 139 Nursing-Rest Homes 145 Odd Jobs 155 Office Equipment 159 Painting & Papering 165 Parking Lot Striping 167 Pest Control 169 Photography 175 Piano Tuning & Repair 179 Plumbing-Sewer Service 185 Rental Services 189 Repairs-Small Engines 190 Roofing 191 Security Systems 192 Shoe Repair 193 Storage 195 Swimming Pools-Spas 196 Therapy 197 Trash Hauling & Clean-up 198 Tree Pruning-Removal-Spraying . . .199 TV Repair 203 Typing-Resumes 205 Upholstery-Carpet-Drapes 209 Waterproofing 211 Vacuum Sales-Repairs 213 EMPLOYMENT Help Wanted, Motel 245 Help Wanted, General 249 Help Wanted, Medical 251 Help Wanted, Drivers 253 Salespeople Wanted 265 Employment Opportunities 209 Situalioas Wanted 275 Business Opportunites 279 MERCHANDISE Loans-Insurance 285 Want to Buy 289 Good Things To Eat 295 Musical Instruments 299 Wearing Apparel 305 Jewelry 307 Miscellaneous 311 Garage Sales, Flea Markets 335 Antiques & Collectibles 339 Furniture & Appliances 345 Heating-Air Conditioning 349 TV-Radio-Stereo 355 Business Equipment 3B9 Computers 361 Building Materials, Tools 365 Construction Equipment 369 Lawn Mowers 371 Firewood 373 Flowers, Plants, Trees 375 Pet Stock & Supplies 379 Farm Equipment .395 Farmers Wants & Services 399 Seeds, Feeds, Fertilizers 405 Livestock 409 Poultry & Supplies 415 Public Auctions 429 RENTALS & REAL ESTATE Furnished Apartments 475 Furnished Houses-Duplexes 477 Sleeping Rooms 479 Unfurnished Apartments 481 Unfurnished Houses-Duplexes 483 Mobile Home Rentals 485 Roommates 585 Houses-Lots For Sale 589 Want To Rent 593 Investment Property 599 Business Buildings 681 Business Property 683 Office Space 685 Out of Town Real Estate 687 Garages-Parking Lots 689 Farms & Farmland 691 Real Estate Wanted 693 RECREATION Sporting Goods 729 Boats, Marine Supplies 733 Airplanes 735 Mobile Homes 737 Campers & Trailers 739 AUTOMOTIVE Auto Service & Parts 761 Motorcycles, Go-Carts 763 Car, Truck Rentals 765 Cars 767 Trucks 768 Classics-Antique Autos 769 LEGALS (Published In The Salina Journal May 12, 1997) ORDINANCE NO. 336 AN ORDINANCE VACATING A PORTION OF THIRD STREET, ANDERSON'S ADDITION TO THE CITY OF ASSARIA, KANSAS. BE IT ORDAINED by the Governing Body of the City of Assaria: Section 1: That portion of Thiid Street, Anderson's Addition to Assaria, Kansas described as follows: The following descriptions are portions of Lots 6, 7, B, and 9, Block B, Llndblad Addition to the City of Assaria, Saline County, Kansas. Lot6 Beginning at the original Southeast corner of Lot 6, -thence N90°00'00"E a dls tance of 6.29', -thence N26"21'18"E a dls tance o( 27.56', -thence southwesterly on a curve to the left with a radius of 50' and a distance ol 32.75 to the point ol beginning. Containing 160.9 sq. ft more or less. Lot 7 Beginning at the origlna Southeast corner of Lot 6, -thence N90°00'00"E a dls tance of fl.29', -thence S09"14'47"E a distance of 26.90'. -thence S27"15'08"E a dis tance of 15.88', -thence S49"37'54"W a distance of 15.00', -thence northwesterly on e curve to the right with a radius of 50' and a distance ol 53.63 LEGALS to the point of beginning. Containing 676.7 sq. ft more or less. Lot 8 Beginning at the original Northeast corner of Lot 8, -thence N08°14'07"E a distance of 13.03', -thence N56°56'02"W a distance of 25.53', -thence S49°37'54"W a distance of 15.00', -thence southwesterly an curve to the left with a radius of 50' and distance of 36.15' to the point of beginning. Containing 475.7 sq. ft more or less. Lot 9 Beginning at the orlgina Northeast corner of Lot 8, -thence N08°14'07"E a dis tance of 13.03', -thence N77°20'58"E a dis tance of 49.3', -thence southwesterly on a curve to the right with a radius of 50' and distance of 58.60' to the point of beginning. Con talnlng 613.1 sq. ft more o less. Is hereby vacated as a public street, pursuant to the provisions of K.S.A. 14-423. Section 2: The provisions of this ordinance shall take effect 30 days after publication unless one o more Interested parties shall file a written protest before the expira tlon of such time, pursuant to K.S.A. 14-423. Passed by the Governing Conn cil and approved by the Mayor thh 5th day of May, 1997. /s/Hick Johnson, Mayor LEGALS (test: s/Julie Wallace, City Clerk LEGALS LEGALS LEGALS (II) (First Published In The Salina Journal May 10, 1997) NOTICE TO VEHICLE AND EQUIPMENT DEALERS SEALED BIDS are now being accepted by the City of Salina, Kansas on the following vehicles and equipment: 3 new 1997 Mid-size pickups 1 new 1997 mini van 1 new 1997 4 wheel drive utility vehicle Wheelchair lift 1 new 1997 Full-size pickup Detailed specifications may be obtained from the City Clerk's Of ice, City-County Building, Suite 206, 300 W. Ash, Salina, Kansas 67401, (913) 826-7240. Bids will accepted at the address above until May 27, 1997, 10:00 a.m. at which time they will be publicly opened and read aloud. Late bids will be returned unopened. Fax aids are not accepted. The Board of Commissioners re' serves the right to reject any or al bids with or without cause and to waive any Irregularities within o technicalities under the speciflca lions. Judy D. Long City Clerk (3t (First Published In The Salina Journal May 12, 1997) IN THE DISTRICT COURT OF SALINE COUNTY, KANSAS In the Matter of the Estate of SARAH JANE MECKLING, Deceased. NOTICE TO CREDITORS Case No 97 CVP 62 HE STATE OF KANSAS TO ALL PERSONS CONCERNED: You are hereby notified that on day 2, 1997, pursuant to a Petition or Probate of the Will of Sarah ane Meckling, deceased, Letters Testamentary were Issued to Ken- leth Steve Banks, by the District Court of Saline County, Kansas. All creditors of the above-named decedent are notified to exhibit heir demands against the estate within four months from the date of irst publication of this notice, as provided by law, and if their demands are not thus exhibited, they shall be forever barred. Kenneth Steve Banks Petitioner ATTEST: Jerome P. Hellmer Judge of the District Court ACHTERBERG, NEUSTROM & MONTOYA 118 South 7th Street, P.O.Box 1697 Salina, Kansas 67402-1697 1913)827-0344 Constance M. Achtarberg, S.C. #04764 Attorneys for Petitioner (3tsp "(FTrsfPubHshedlnThT Salina Journal May 5, 1997) IN THE DISTRICT COURT OF SALINE COUNTY, KANSAS PROBATE DIVISION IN THE MATTER OF THE ESTATE OF GARY SCHECK, DECEASED NOTICE TO CREDITORS Case No. 97 CVP 60 THE STATE OF KANSAS TO ALL PERSONS CONCERNED: You are hereby notified that Petition dated April 30, 1997, has been filed In this Court by CONNIE L. BROWN, as heir of GARY 1 ICHECK, deceased, and as an heir of the Decedent, praying that he statement filed with the petition be admitted to probate and record, and that she be appointed admln- strator, without bond, and that she )e granted Letters of Admlnistra- ion. All creditors of the above-named decedent are notified to exhibit their demands against the estate within four months from the date ol the first publication of this notice as provided by law, and if their demands are not thus exhibited they shall be forever barred. /s/ Connie L. Brown, Petitioner SUBMITTED BY: NORTON, WASSERMAN, JONES & KELLY 215 South Santa Fe P.O. Box 2388 Salina, KS 67402-2388 (913) 827-3646 Fax (913) 827-0538 By: /B/ Kenneth W. Wasserman SC #07527 Attorneys for Petitioner (3tspi IprrsfPublishedlnThT Salina Journal May 12, 1997) IN THE DISTRICT COURT OF SALINE COUNTY, KANSAS IN THE MATTER OF CONDEMNATION OF LAND IN SALINE COUNTY, KANSAS BY THE CITY OF SALINA, KANSAS CITY OF SALINA, a Kansas municipal corporation Plaintiff vs. SEI PARfNEHS, L.P., Defendant. NOTICE OF EMINENT DOMAIN PROCEEDINGS Case No. 97 CVC 171 The City of Salina, Kansas, to all persons concerned: You aie hereby notified that the ;ity of Salina, Kansas has filed a petition for eminent domain pro- :eedings In the District Court ol iallne County, Kansas (or the purpose of acquiring the following described property: A Tract of land being parts ol Lots One (1), Three (3), and Seven (7) and all of Lots Two (2) and Six (6), In Block Eight (8) of Belmon Addition to the City of Salina Saline County, Kansas, more particularly described as follows: Beginning at the Northwest corner of said Lot Six (6); Thence Northeasterly along the Northerly line of Lot Six (6) and Lot One (1), on an assumed bearing N53°20'00"E, a distance of 304.17 feel to a point which Is 83.73 feet Southwesterly from the Northeast corner of said Lot One (1); Thence NgO'OOWE a distance of 67.16 feet to a point on the East line of Lot One (1) and 50 feet South of the Northeast corner thereof; Thence SOO°00'00"E along the East line of Lots One (1), Two (2), and Three (3), a distance of 172.80 feet to a point 42.2 feet North of the Southeast corner ol Lot Three (3); Thence N87°30'48"W a distance of 46.84 feet; Thence S80"26'39"W a distance of 81.55 feel to a point on the Westerly line of said Lot Three (3); Thence S53°20'00"W par- LEGALS allel with Southerly line of Lot Seven (7), a distance of 148.26 feet to a point on the Westerly line of Lot Seven (7) and 23 feet Northwesterly of the Southwest cornet thereof; Thence N35°29'00"W along the Westerly line of Lots Seven (7) and Six (6), a distance of 112.00 feet bacK to the Point of Beginning. The above described tract of land contains 42,112 square feet or .97 acres, more or less, which is necessary for the construction of Improvements to the \n tersection of South Ohio Street and Beimont Boulevard, In conjunction with the South Ohio Street and Beimont Boulevard intersection improvement project. THEREFORE, on Monday, June 2, 1997, at 9:00 a.m. in Courtroom 301, the District Court of Saline County, Kansas, will take up and consider the Petition as provided In the Kansas Eminent Domain Procedure Act In the Saline County District Courtroom 301, City-County Building, 300 West Ash, Salina, Kansas. At the time set out for consideration of the Petition, the Court will examine the Petition and If the Court finds that plaintiff has the power of eminent domain and that this taking is necessary to plaintiff's lawful purposes, then appraisers will be appointed and a date set for filing of the appraiser's report. CITY OF SALINA, KANSAS By: /s/Greg A. Bengtson, City Attorney (3lsp) 35 SPECIAL NOTICES I 35 SPECIAL NOTICES Ad Deadlines \«-V\ Ads. < '< (Excludes photos, borders & artwork) Publication Day Deadline Sunday 1:00 pm Friday Monday 10:00 am Saturday Tuesday 1:00 pm Monday Wednesday 1:00 pm Tuesday Thursday 1:00 pm Wednesday Friday 1:00 pm Thursday Saturday 10:00 am Friday Subiect to chantfe for holidays. ( i/VV / \H \ I \l II li HOI A'S For Advertisements and Payments! 333 S. 4Ui, Sulilia (913)823-6363

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