Wisconsin State Journal from Madison, Wisconsin • 5

Section 1, Page 5 pegoim drunk driver gefls. 2 yecars tfor tfcatfcal crash By Mary Frances Schjonberg 1 Of The State Journal David Kluever, 42, of Oregon was sen-tenced Thursday to two years In prison for being drunk when he caused an accident In 0 June 1982 in which two people were killed. Donna L. Banker, 46, and her father, Clarence C. Werndli, 78, died on Highway 51 in the town of Windsor about midnight June 11, i.

1982, when Kluever's car crossed the center line and struck Werndli's car. Kluever pleaded no contest In April to two charges of homicide by intoxicated use of a motor vechicle. Much of the debate during an emotional sentencing hearing before Dane County Circuit Judge Moria Kruger surrounded whether drunk drivers who cause fatal accidents should spend time in prison. The arguments on both sides are irreconcilable "but, today I must do my best to reconcile them," said Judge Krueger, calling the task "philosophically agonizing." The sister and (laughter of the victims, Kathy Radl, of Appleton, reminded Judge Krueger of the crime's maximum penalty of five years in prison, a five-year license revocation and a $10,000 fine. "I would like to see this law enforced.

How tough is the new drunk-driving law?" asked Mrs. Radl, who is active in Mothers Against Drunk Driving. Assistant District Attorney David Dabro-ski asked for a prison sentence, saying that such a sentence would give a message to others that "if you're going to drink and get behind the wheel, and it you kill two people, you're going to be dealt with severely." "The system says we do not give automatic sentences for any crime," said defense attorney Michele LaVigne in asking the Judge to consider Kluever's character Noting Kluever does not have an alcohol problem and has never had a criminal or traffic record, Ms. LaVigne asked Judge Krueger to impose the presentence report's recommendation of four years of probation with the first year to be spent in the Dane County Jail. Judge Krueger said she doubted whether the presentence report's recommendation that included 200 hours of community service would impress Kluever with the "tremendous irresponsibility" he showed for driving while drunk.

"Echoing in my mind is the refrain 'two lives lost, two lives lost' that I can't ignore I do hope in imposing this sentence that the court does save one live," she said. Kluever was taken into custody after embracing tearful members of his family. A weeping Mrs. Radl gave Dabroski a hug as she was surrounded by her family and MADD members. Wisconsin State Journal, Friday, July 1, 1983 Testimony over in Eisenberg ethics hearing Court digest Testimony concluded Thursday In a hearing on whether Madison attorney Donald S.

Eisenberg violated the code of ethics for lawyers. William Sachtjen, a retired Dane County Circuit Court judge who is acting as referee for the Board of Attorneys Professional Responsibility, will issue a written recommendation that will be considered by the Wisconsin Supreme Court. Attorneys for the board and Eisenberg will give Sachtjen written statements on the hearing during the next six weeks. i Eisenberg, 49, faces the disciplinary action because the board has accused him of having a conflict of interest that could have affected his professional judgement when he represented murder suspect Barbara Hoffman and Samuel Cerro, a Madison crime figure in 1978. During the hearing, Cerro testified he and William Garrott, a friend and business associate, tried to strike a deal with the Dane County District Attorney's office in which Cerro would be given leniency in sentencing on drug charges if not face more than a year in jail.

Eisenberg began representing Hoffman in early 1978. When Cerro questioned him, Eisenberg said there was no conflict of interest, Cerro said. Garrott backed up Cerro's testimony when he' testified Thursday. Cerro said he fired Eisenberg in June 1978. The deal negotiated with the district attorney called for Cerro to serve six months in jail and spend three years on probation for drug and gambling charges.

In return, Garrott testified that Ms. Hoffman told him about her plan to kill a man to get his insurance money. She was convicted in June 1980 of killing Harold Berge but acquitted on charges he killed Davies. Cerro, meanwhile, was later arrested for receiving stolen property, had his probation revoked and was sentenced to prison. By Mary Frances Schjonberg Garrott testified against Hoffman.

She was charged with murdering Harold Berge in late 1977. James Doyle who was district attorney at the time, testified he rejected the offer but had to consider it when Gerald Davies, a key witness in the case against Hoffman, was murdered in March 1978. Doyle said he refused to talk to Cerro and Garrott without their attorneys present. Eisenberg was representing Cerro and Charles Giesen, a lawyer in the Eisenberg firm, represented Garrott. Doyle wrote Eisenberg to say he was interested in the deal proposed by Cerro and Garrott.

Cerro, who was brought to the Dane County courthouse from the state farm at Oregon where he is serving a sentence for commerical gambling, said Eisenberg refused to show him the letter. He said Eisenberg told him it was useless to deal with the district attorney because Cerro did Lawmaker rips PSC records proposal The state Public Service Commission is trying to deny the public access to its records, a state senator has charged. Sen. Lynn Adelman, D-New Berlin, said the PSC had proposed rules that would close some records and limit access to others. The PSC responded by saying Adelman's criticism was a "media ploy," and pointed out it is the first state agency to write rules in response to the state's new law.

Those rules were sent to the Legislature to get further comments, the PSC said in a news release. Adelman, one of the authors of the state's Open Records Law, said he had asked for a legislative hearing to stop the PSC from adopting the rules. Legislative committees have the power to veto agency rules. Adelman said the PSC proposal contained categorical exceptions to public access. As an example, he said, the PSC could deny access to a memorandum to its staff explaining ideas a commissioner had on an issue.

"This information must clearly be considered public," he said. Suspect charged in break-in Kenneth Champion, of 2954 Milwaukee was charged in Dane 1 County Circuit Court Thursday with breaking into a 73-year-old woman's apartment, beating her and stealing her purse. According to the complaint, Champion, 32, entered the woman's apartment on the city's Northeast Side by knocking out the screen in an open window. The woman told police she was reading in her bedroom about 11 :45 p.m. Monday when she heard a noise.

Going into the kitchen, she saw a man standing in the living room, the complaint said. When she screamed at him to leave, Champion pushed the woman into her bedroom and hit her repeatedly on the head and face, according to the complaint The woman told police she blacked out and when she came to, she got a baseball bat and was walking to her husband's room when she saw Champion jump out a living-room window and leave on a bicycle. Champion is accused of taking the woman's purse containing (40, several bottles of prescription pills, her medical cards and a credit card. He is being held on $500 cash bail A hearing was set for Wednesday before Judge P. Charles Jones.

Man faces weapon, sex charges Manuel Martinez, who a woman said threatened her with a knife on the Capitol Square, was charged in Dane County Circuit Court Thursday with battery, reckless use of a weapon and fourth-degree sexual assault. The woman told police she was drinking with friends in some State Street bars Wednesday night when Martinez tried to convince her to come home with him and have sex. According to the complaint, Martinez grabbed her on the buttocks when she refused and hit her in the face. Martinez chased the woman up State Street and pulled a knife on her near 30 on the Square, the complaint said. He ran away when a Capitol Police squad car drove past.

A witness to the incident told police he followed the two people after the fight began and he rode around the Square area with police to identify Martinez. Martinez is being held on $3,000 cash bail pending a hearing Aug. 31 before Judge Daniel Moeser. Man gets 6-year sentence Martin Frometa-Medell was sentenced to six years in prison Thursday by two Dane County Circuit Court judges. In separate hear-? tags, Frometa-Medell was sentenced by Judge Mark Frankel to 3 years on a conviction of third-degree sexual assault and 2 years by Judge Michael Torphy on two burglary convictions.

Frometa-Medell, 24, was charged in 1981 with two counts of first-degree sexual assault and one count of false imprisonment after being accused of assaulting a 16-year-old boy in his car on North Murray Street He later pleaded no contest to the third-degree charge. Frometa-Medell was arrested in October 1982 and charged with burglarizing two Jenifer Street apartments. He pleaded no contest to those charges, also. Waunakee man gets state and Guard posts Barry Young of Waunakee has been named deputy adjutant general for Army affairs, one of three top posts with the Wisconsin National Guard. Young, a colonel who has served as the Wisconsin Army Guard's chief of staff the past four years, begins his new job today, state Adjutant General Raymond Matera said.

He will be paid $42,935. Young's position is a full-time state post with the Department of Military Affairs in Madison and part-time with the National Guard. He succeeds Major General James Lison, who recently retired. A 32-year-veteran of the Wisconsin National Guard, Young began his military career with a tank battalion in Tomahawk. He earned a direct commission in 1953 and later rose to become a battalion commander.

Senate panel approves funds for ELF Ctyl. Young Young has earned several military awards, one for service during the 1961-62 Berlin Crisis. The Wisconsin National Guard includes two major organizations: The Army National Guard, which includes artillery, infantry, armor, engineer, medical and other support units. The Ah National Guard, which includes a tactical fighter wing, air refueling group, air controllers and an air training site at Volk Field. Carl Levin, said Wednesday.

The House Armed Services Committee earlier approved the same amount of spending for the project in Michigan's Upper Peninsula and a test facility at Clam Lake, Wis. WASHINGTON (AP) The Senate Armed Services Committee has approved $58.5 million for research and development of the Navy's Project ELF communications project and $13 million for construction of it, Sen. T1T1 P.A.DX Scuba TRAINING Adolf Hitler's suicide Adolf Hitler committed suicide in 1945 as Russian troops advaced on the Nazi leader's stronghold in Berlin during World War II. Hitler shot himself. His mistress, Eva Braun, took poison.

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