The Times Leader from Wilkes-Barre, Pennsylvania • 3

The Times Leader, Wilkes-Barre, PA, Saturday, February 12, 1994 3A LOCAL g-out Russln they want to pay the $4,100 it would cost to prepare and file the request They haven't given their lawyers a reason, nor have they updated their financial situation with the public defend- pAo do in December. the request But because the Cottams refuse to file an accompanying document declaring them too poor to pay for a lawyer on their own, and because they have insisted on paying the administrative fees for the fifing, their lawyers say they have no choice but to ask to bow out A hearing on the withdrawal request has been scheduled for Monday morning before Cappellini. Usually, people who can't afford to pay for a lawyer aren't required to pay the administrative costs of filing with the Supreme Court and are given a break when it comes to the number of copies they are required to submit Flora said. Basil G. Russln and Al Flora Jr.

filed in county court this week, the two said the Cottams have insisted on paying the thousands of dollars it could cost them to ask the U.S. Supreme Court to hear their case. The Cottams have been appealing their convictions since the September 1991 verdict County Judge Gifford S. Cappellini sentenced each to serve five years to 12 years behind bars, but he has allowed the couple to remain free on $50,000 apiece pending the results of all their appeals. With all of their other appeals unsuccessful, the court of last resort for the Cottams is the nation's highest court In December, Flora said he would ask the Supreme Court to hear the case.

The Cottams have until March 1 to file where they have been living, and their telephone number is unlisted. Flora said If he and Russln are allowed to withdraw, the Cottams could defend themselves or hire another lawyer in which case they'd probably need to ask the Supreme Court to extend their deadline for filing the request to appeal. "But I don't know if they'd grant it or not," Flora said. That Is just what District Attorney Peter Paul Olszewski Jr. fears.

Olszewski said he expected if an attorney change is made, the Cottams would again be able to put off their prison date. "From my perspective, it's simply nothing more than another delay," he said. Larry CettM Leona CoUan me uinams naa stashed away in their Nuangola home when their son starved five years ago. The money couldn't be used for food; it was meant for their church, the parents said at their trial. Larry Cottam.

a 44-year-old former Seventh-day Adventlst pastor, has been working In a bakery since his conviction. It isn't clear If Leona Cottam, 41, has any income of her own. The Cottams couldn't be reached at the Nantlcoke home To file a request for the court to hear their appeal, the Cottams would have to pay $300. Printing and copying all the documents supporting their case would run another $3,800 If they choose not to declare themselves unable to pay- The Cottams told Flora and Victim's daughter will meet authorities Odetta Todd will talk to law enforcement officials about possible new leads in the 1972 murder of her mother, Juanita Marie Todd By MITCH MORRISON Times Leader Staff Writer WILKES-BARRE T-T On Monday, Odetta Todd's quest to find her mother's killer will bring her full circle to where her family started the police. "I can't wait till Monday.

I wish it were already here," Todd said Friday from her Wilkes-Barre home. Todd will meet with Luzerne County District Attorney Peter Paul Olszewski Wilkes-Barre Detectives Capt Bill Magulre and other county and city law enforcement officials Monday afternoon at the district attorney's office. There, she will provide them names of potential suspects and helpful witnesses in the 1972 death of her mother, Juanita Marie Todd, She hopes police will respond differently than they apparently did in 1972 when family members believed police indifference allowed the killer to escape arrest. On Sept 28. 1972 at 3:15 a.m., police found Juanita Todd's mutilated body In the bedroom of her second floor Academy Street apartment She was stabbed 22 times.

Odetta, then 18 months old, sat by her mother's corpse as police arrived. This time, Odetta Todd hopes for an arrest and conviction. Police are making no such promises. But they do promise to review the dusty volumes of police records accrued two decades ago that have remained untouched. They promise to follow through on all leads and travel out of state if necessary.

They promise to try to track down all suspects or crucial witnesses who could assist in an arrest. "I don't have a magic wand to wave to promise an arrest," Olszewski said. "It's hard to predict what type of success we can meet" Olszewski helped reactivate the long-ignored case after reading several columns by Times Leader columnist Steve Corbett Police must overcome many obstacles. Olszewski said. Some of the 50 people interviewed by police after the murder may be dead, others relocated.

Time may have clouded some people's memories, others may refuse to cooperate. "You can't Just go to somebody and force him to talk." said Olszewski, whose office will provide le-pf advice to the Wilkes-Barre police. "There are a lot of legal issues that must be taken into account" Olszewski has assigned county Det Lt Dan Yursha, Assistant District Attorney Dan Pillets and chief Det Mike Dessoye to the case. Magulre will be joined by Det Tom Bird and Lt. Dale Rink-er.

Odetta Todd believes this time police will be successful. "I think they want to do something this time." she said. "I think we can narrow lt down to three or four people and then well see." Without giving reason, the couple insists on paying for their Supreme Court appeal, leaving their public defenders no choice but to request withdrawal. By CHARLES H. BOCINO Time Leader Staff Writer WILKES-BARRE Larry and Leona Cottam, found guilty In 1991 of third-degree murder In the starving of their son, have been getting free legal representation since their arrests In January 1989.

Now, however, their public defenders want out. saying the Cottams appear to be able to pay for a lawyer. In a withdrawal request Luzerne County public defenders Surprise bill divides Kingston officials The administrator's optimism can't seem to soothe the mayor's concern for how the $59,156 bill will affect the municipality budget By ROBERT SITTEN Times Leader Staff Writer KINGSTON A $59,156 bill for workers'-compensatlon coverage Is going to cost Kingston less than anticipated, administrator Jim Phillips said Friday. Mayor Gary Reese disagrees. The PMA Group Kingston's carrier of workers'-compensatlon insurance sent the municipality the bill in mid-January.

The bill results from claims during the years 1990-1992, and it was not included in the 1994 budget, Reese said Wednesday. Reese blamed the surprise expense on Phillips and former Mayor Frank Sorochak. Phillips, Reese, finance secretary Carol Urban, solicitor Ted Krohn and councllmen David Capln and Michael Dogal met Friday with a PMA representative to discuss payment of the bill. Reese said he wants to work out a payment plan instead of paying the whole sum at once, and he's meeting with PMA again sometime next week. Sorochak said as far as he knew, Kingston was up to date with PMA when he was mayor.

He didn't know about any outstanding debts. Phillips said the municipality has $276,000 in the 1994 budget for workers'-compensatlon premiums. According to a memorandum by Phillips he sent to Reese and council members Friday, the total insurance expense for 1994 comes to $291,821. So the amount over budget comes to $15,821. The total insurance expense includes the $59,156 for the workers'-compensatlon coverage, a renewal payment for the 1994-1995 policy year of $78,750 and a $48,750 Installment on 1994's premium, Phillips said.

"Well be over budget, but not as much as we thought It's not time for people to jump off the bridge yet." Phillips said. Despite Phillips' numbers, Reese said he still has to assume he's $59,156 in the hole because it isn't in the budget "Those numbers he gave you aren't real numbers. They're projections. What we're paying in insurance and what they (PMA) are projecting that we're going to pay are two different he said. Tve got a bill for almost $60,000 coming due in May.

And I'm worried about It-Marvin Rappaport the council president, defended Phillips on Thursday, saying there was no way Phillips or Sorochak could have seen the bill coming. "I think It's unfair for the mayor to blame Mr. Phillips and Mr. Sorochak," he said. There would have been no reason for them to have called PMA to see if they owed anything, because PMA probably wouldn't have known at the time anyway." Insurance carriers typically do an audit after a policy year or after two policy years, and if losses in prior years are higher than expected then the carrier has the right to say additional premiums are owed.

Phillips said claims can go on for several years before they're resolved. I ft rmMkPmmmmM Si II Snowflakes keep falling on our heads Bob Sulitka Jr. of Kingston cleans the snow from in front of his house on West Hoyt Street on Friday. Joseph Gabriesheski, riding a mini-tractor, helps his brother John, with the snow blower, clear the sidewalk on North Maple Avenue in Kingston. The brothers are workers at Wyoming Seminary School.

Jared, left, and Kirk Golightly walk down North Maple Avenue in Kingston. School vandals now face only one charge if caught By TOM OBRZUTJR. discovered the damage the next morning. Trophy cases were smashed, water was left running to ruin carpeting and ceilings, pages from, books were torn, and tables and chairs were toppled. Right now, McNeil said the investigation is at a standstill.

Although his department received some new information in August, nothing came of it, he said. McNeil said the number of suspects has been narrowed to five, and he confirmed the suspects were all former Wyoming Area students. He said he does not have enough evidence to charge any of them. But high school principal P.J. MeMn still holds out hope someone will be charged with the crime.

If anyone has any information on the break-In, call McNeil at 654-3001. Times Leader Staff Writer EXETER Borough police chief John McNeil said vandals who caused more than $76,000 in damage to the Wyoming Area High School in 199 1 may never be charged because the statutes of limitations on two of the three possible charges in the case have expired. If caught, the vandals could have been charged with criminal mischief, Institutional vandalism and burglary. The burglary charge, with statute of limitations of five years, is the only charge that still could be filed. The criminal-mischief statute is two years and institutional-vandalism statute is 30 days.

Sometime after midnight on Dec. 29, 1991, the vandals entered the school by breaking a small alcove window on the first floor, police said. School officials Ilf 13:.: TIMES LEADER PHOTOSRICHARD SABATURA Duryea mayor battles to abolish sewer authority, clean up(debt deposits. The balance the authority owes on a $1.5 million Farmers Home Administration loan as of Oct. 3 1 1993.

On Thursday, sewer authority secretary Ann Dommes provided the reporter with some of the items Gultson said he could not get. Dommes said if Gultson asked for a copy of a specific bill, she'd get it for him. But she said she doesn't have the time to go through all the files and pull all the bills. She said the same would apply to the Times Leader reporter. Gultson, who Is out of town this week, said earlier that authority solicitor Barry Chromey told him his request for the other information created an "unreasonable burden" for the agency.

Other officials scoff at the mayor's contention the authority will not give him records By TOM OBRZUTJR. Times Leader Stafl Writer DURYEA Mayor Larry Gultson and some members of the borough council don't agree about the future of the municipal sewer authority. Gultson has suggested disbanding the sewer authority and using money from running the authority to pay off its $1.2 million debt But borough council members have refused to act on Guitson's proposal, saying the way the authority operates now suits them. Gultson also says he's been told he cent-interest loan that was used to finance the construction of the borough's sewer system, she said. The release of the Information to the newspaper shows the mayor could get the records if he wanted them, said Alan Dommes, council chairman.

In a letter dated Nov. 3, 1993. while a member of council, Gultson asked for copies of: The latest audit of the sewer authority. The minutes of authority meetings for the previous 12 months. All bills and salaries paid by the sewer authority for the previous 12 months.

A financial statement as of Oct 31, 1993 covering the balance in all of the authority's bank accounts and certificates of 4 can't look at records of the borough sewer authority and went public with his complaint earlier this week. Those records, the mayor -contends, would support his position that the authority should be abolished. But a Times Leader reporter, who made a similar request this week of a sewer authority employee, was given much of the information, including the most recent audit of the authority and the balance the authority owes on a $1.5 million Farmers Home Administration loan. The audit also is on file in the borough secretary's office. The borough owes more than $1.2 million on the FHA loan that was taken out in November 1978, Dommes said.

The borough makes semi-annual payments of $43,545 on the 40-year, 5-per- 'l.