The Baltimore Sun from Baltimore, Maryland • 72

THE SUN, Thursday, February 16, 1984 Task force fears 'guilty but insane' rulings would crowd prisons By Doug Struck Annapolis Bureau of The Sun Annapolis Finding criminal defendants "guilty but would simply crowd ill-equipped prisons with psychotic criminals, members of a task force studying the insanity defense told a Senate committee yesterday. As a result, the Senate Judicial Proceedings Committee probably will endorse the more limited recommendations of the task force to modify the state's present law allowing defendants to be found "not guilty by reason of insanity," the committee chairman said. The committee probably will agree to the key task force proposal to shift the burden of proof so that criminal defendants must prove they are insane, rather than the state proving they are not, said committee chairman Thomas V. Mike Miller (D, "Prince Georges). "I think shifting the burden is a fairly drastic step," said Senator Miller, who had sponsored the more far-reaching "guilty but insane" bill.

"But if that doesn't work in a year or two years or three years, perhaps we can go to something else." Mr. Miller's bill would require a judge to sentence a defendant regard- less of whether the person is insane. A defendant found insane would be treated at the Clifton T. Perkins psychiatric prison hospital in Jessup and then turned over to the state prison system to serve the remainder of the sentence. Presently, a defendant found "not guilty by reason of insanity" may be committed to Perkins and then released when he is deemed by the authorities there to be a safe risk.

A governor's task force created following the acquittal under the "insanity" defense of John W. Hinckley, who attempted to assassinate President Reagan, concluded last month the law is not abused in Maryland. The plea is raised in felony cases only 150 to 200 times a year in the state, the task force found, and defendants are found legally insane in only 30 to 40 of those cases. Usually, the prosecutor and state's psychiatrists agree. But if the state adopted a "guilty but insane" law, a popular proposal following the Reagan shooting, psychotic and troublesome defendants would pour out of Perkins and into the state's prisons, members of the task force said.

"Prisons can't treat mental illness. They don't have the facilities and they don't have the staff," said the chairman of the task force, Lt. Gov. J. Joseph Curran, Jr.

"If a person is taken from Clifton T. Perkins and put in the Penitentiary with a lot of really bad actors, his psychosis isn't going to get any better," said George Lipman, the attorney for the state Public Defender's Office who handles many of the insanity pleas. In fact, "We are absolutely convinced that incarceration following treatment would be the end of recovery," said Fred H. Spigler, president of the Mental Health Association of Maryland. "Our penal systems are simply not equipped." Mr.

Miller noted that the lack of proponents for his bill originally requested by the anti-crime Roper Committee was and probably would leave that proposal stalled in his committee. Mr. Miller said he had agreed to' sponsor the bill because "the public should have some sense of security in its criminal-justice system Rather than leave release in the hands of. four-eyed bureaucrats and egghead psychiatrists, we ought to have some degree of finality in our sentencing." Defendant allegedly Annapolis battles skimpy dock attire confessed to '80 killing By Michael J. Clark Anne Arundel County Bureau of The Sun Annapolis The former girl friend of 24-year-old Patrick C.

McCullough, on trial for the February. 19RA miirrW of an Annannlis sell," said Mary S. Craighead, owner of a candy store in the market. Shoppers "don't read the signs that say no pets," said one merchant. "They don't read the signs saying what hours we're open, and in the hustle and bustle, they won't read these signs either." "This is a boating capital; this is the attire boat people wear," said Robert M.

Martin, owner of Mann's Sandwiches. Mr. Cochran said he got the idea for the shirt-and-shoes rule "last summer, when I was standing next to a gal in the Market House waiting to buy chicken. She had on one of the briefest bikinis imaginable." "I say, put her back on the boat, put her back on the beach, but get her out of my Market House," he said. By Rafael Alvarez Anne Arundel County Bureau of The Sun Annapolis Before the "itsy-bitsy, teeny-weeny" bikini returns to dockside this summer, the city of Annapolis will have signs posted on the historic district's Market House telling patrons they must have shirts and shoes on before they enter.

"By the time the trendy boaters are back in town the signs will be up, I assure you," said Alderman Gill Cochran, who represents the 1st Ward, where the Market House is situated. Mr. Cochran originally introduced an ordinance calling for a dress code for shoppers at Market House, but he said he withdrew it at Monday night's City Council meeting after finding little support for it among his colleagues. Instead, Annapolis. Mayor Richard L.

Hillman has directed Bill Holland, head of public works, to put the signs at entrances to the market after they have been approved by the Historic District Commission. Mr. Hillman said clauses would be written into new leases of Market House merchants who rent their stalls from the city requiring them not to sell to anyone not wearing shoes and shirt. The mayor said he was offended by people who walk around without shoes and shirts at places other than the beach "because it's ugly and inappropriate for an Eighteenth Century town." The merchants, who eagerly await the dollars tourists and boaters bring with them to Annapolis, were not happy about the signs. "We're not here to inspect people; we're here to keep them happy and rV 'A mi 1 -M ml Jul i.

1 The SunWilliam Hotz ALDERMAN GILL COCHRAN wants shirts and shoes worn stand his account of the slaying which took various forms of communication, including a few words, hand signs, pantomime and crudely written notes. Mr. McCullough, dressed in a gray three-piece suit, divided his attention between the witness and the sign-language interpreter as Miss Escalante gave her testimony. He paused from I time to time to wipe tears from his face with a handkerchief According to Miss Escalante's testimony, Mr. McCullough had indicated in the various ways that he had confronted Mr.

Riley, who disappeared February 7, 1980, because Mr. Riley had supposedly thrown the young man's motorcycle into Spa Creek. She said that, according to her understanding of Mr. McCullough's narration, Mr. Riley hit Mr.

McCullough several times before the younger man struck Mr. Riley back. "He told me he said to Mr. Riley 'Please stop. I don't want to hurt the witness said.

Miss Escalante said that she understood as a result of her discussion with Mr. McCullough that the defendant knocked Mr. Riley off his feet and that Mr. Riley stopped moving. She testified that her former boyfriend finally "got Mr.

Riley out and put him down and hugged him goodby. He then drove his van back to Annapolis." Mr. Riley's remains were not found until October, 1982. boat builder, testified yesterday that Mr. McCullough confessed the killing to her in "words, gestures, signing and pantomime." Mr.

McCullough, who has a hearing and speech impediment, watched intently in Anne Arundel County Circuit Court as the testimony of Marian Escalante was translated for him by a sign-language interpreter. He is charged with the murder of Clinton P. Riley, 51, a well-known Annapolis boat builder in whose East-port boatyard Mr. McCullough was employed. Miss Escalante, taking the stand in the second day of the trial, told the jury of 10 women and two men that it was only after the Annapolis police had told her last year that they suspected her boyfriend had killed Mr.

Riley with a blunt instrument did she begin to bring up the case in private conversations with him. "I wanted more details," she said. "The cops had accused Patrick of killing somebody, and I wanted to find out." The witness said Mr. McCullough made his confession to her in November or December, 1982, when she questioned him about it. She maintained that she was able to under Howard teacher disappears; home was robbed By Milford Prewitt Police said they were told by Mr.

Munson's brother James, of Dover, that several electronic appliances, including a color television set and a videocassette recorder, also were missing. Donald Bell, principal of the school, said Mr. Munson's failure to come to work without calling to explain was "totally out of character," especially in light of his exceptional attendence during 18 years of teaching there. Mr. Bell said Mr.

Munson was rarely absent and had an eight-year stretch when he did not miss a single day. "He had a first-period class and when he did not show for that I became a little worried," Mr. Bell said. "I tried to reach him at home, but there was no Before the day ended, Mr. Bell said he had called Mr.

Munson's mother, who lives in Chester-town in Queen Annes county. Mr. Bell said he remembered the teacher mentioning Friday that he was going to visit his mother over the weekend. Police said they believe the last time Mr. Munson was seen by acquaintances was when a neighbor saw him working on his car early Monday morning.

Police are looking for Mr. Munson's copper-colored Ford Pinto, with license tag GTZ-094. Baltimore county police are investigating the disappearance of a Howard county teacher who hasn't been seen since early Monday and whose Ca-tonsville home was burglarized. Oliver Wendell Munson, 39, an industrial arts teacher who had an almost perfect attendance record, was discovered missing after failing to appear for classes Monday at Ellicott City Middle School. Later that day, a relative found his home in the 600 block Orpington road unlocked and bis car missing.

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