The Boston Globe from Boston, Massachusetts • 23

THE BOSTON GLOBE SATURDAY. JANUARY 28. 1989 23 WEDDING PLANS Murphy stance unclear on governor's tax plan She voices support, but not on specifics Man with AIDS to get S3 million in damages Brighton truck-lease firm is ordered to pay By Renee Loth Globe Staff Lt. Gov. Evelyn Murphy, who has waffled when asked if she supports Gov.

Dukakis' $604-mil- Hon tax package, yesterday be- came tangled in a dispute over hospital was not named as a defendant in the suit, said O'Donnell. In addition to the award to Cushing, the jury granted $750,000 to his wife. Suzanne, for loss of consortium. Because the suit was filed in 1981 and interest will be computed at 95 percent, the total award is expected to be about $7 million. O'Donnell said.

O'Donnell, who tried the case with his son Lawrence, said the prognosis for Cushing, who is the father of a 10-year-old child, was unknown. win-nici one aaiu wiictt auc mccuil or said what she did not mean to Murphy answered yes. But when asked for details by other reporters, David Rosen, Murphy's chief of staff, said the news service report was "inaccurate" and Murphy had likely misunderstood the question. "If she said it, she didn't intend to say it," Rosen explained. Even Gov.

Dukakis seemed unsure yesterday when asked to characterize his lieutenant's position. "She's generally supportive," he said. Rosen said that enacting any budget is "a fluid and dynamic process," but reporters pressed for something more solid. After consulting with Murphy by phone, Rosen returned with the following: "The lieutenant governor supports the governor's initiative to cut nonessential spending and restore the revenue base." Did that mean Murphy supports the specific package? Rosen would not say. i i A.

say. I Speaking to a Student ment Day assembly in the State House, Murphy said she supported the governor's call for higher taxes, but did not address the specific components of his package, which include new taxes on cigarettes, gasoline and capital gains. 1 "If you have to balance the books, you have to balance the books," Murphy said. Afterward, Murphy was ap- proached by a reporter for the State House News Service and asked whether she supported the governor's full tax package. Ac-; cording to the story distributed by the service to its 80 subscribers.

4 i i 1 i I A jury has ordered a Brighton truck-leasing company to pay $3 million in damages to a Wilmington man in what is believed to be the first personal-injury award in the state involving AIDS. In granting the award, the Suffolk Superior Court jury found that James Cushing, 38. would not have contracted AIDS if the Lily Truck Leasing Corp. had properly maintained a truck he was driving. Cushing was driving one of the company's trucks on Route 2 in Lancaster on April 11, 1980, when faulty steering equipment caused the truck to hit the median strip, leave the road and strike a tree, said Cushing's attorney, Michael O'Donnell.

Taken by helicopter to Massachusetts General Hospital, Cushing received 20 units of blood during an operation to amputate his right leg below the knee. In October, Cushing began displaying symptoms associated with acquired immune deficiency syndrome such as rapid weight loss. A month later, he tested positive for the disease. During the trial, said O'Donnell, a doctor from MGH testified that Cushing contracted AIDS as a result of the blood transfusions in 1980. Because the test to screen donated blood for the deadly virus was not developed until 1985, the NEXT TO FROCIONE BUTCHER BLOCK FRESH Fumes caused 2 outbreaks of illness at Latin School AP photo Rep.

Olympia J. Snowe and Republican Gov. John R. McKernan shown during a governor's dinner last February at the White House, announced yesterday that they will marry Feb. 24 in Lewiston.

Snowe, 41, and McKernan, 40. who have dated for several years, said they planned to continue their respective political careers in Washington and Augusta. Each has been married before. Dukakis budget would end Braintree-Cape rail subsidy GREY SOLE FILLETS LATIN SCHOOL Continued from Page 21 con taining xylene, napnmalene. tri-methylbenzene and cumene were applied in the gymnasium under construction next to the main school building.

The additive is supposed to be used only outdoors or in well-ventilated areas, according to Jones. Michael Contompasis, the principal, eventually canceled all classes that day. On Jan. 19, fumes from hydra-zene, found in another outdoor cement additive, seeped into the occupied portion of the school through vents the builders should have sealed, according to Jones. That day, 40 students went home sick but the school remained open because, Contompasis said, he was able to close the vents himself.

Ronald Jones, director of the Office of Environmental Affairs for the city's Department of Health and Hospitals, said students' exposure to fumes was too short to be medically significant. Many parents remain critical of school officials, describing yesterday how about 100 of them listened with anxious disbelief Thursday night as city officials and the school principal, in a specially called meeting, outlined details of the exposures the second of which came to light only during the meeting. They were particularly angered that the school took almost two weeks to inform them about specifics of the Jan. 6 exposure, and FRESH SKIN ON HADDOCK FILLETS mobiles, but that continued state funding of the rail service was not viable at this time. Last year, the state spent $4.1 million to subsidize the Cape service and Amtrak service to New York, along with signal improvements.

Watson was unsure if the Amtrak subsidy would also be cut. According to figures, the Cape service carried 89.000 riders last summer. Officials of the Cape Cod Hyannis Scenic Railroad, which operates the service, could not be reached for comment yesterday. Despite increased ridership. Gov.

Dukakis' budget proposal seeks to eliminate the subsidy for train service between Braintree and Cape Cod. The seasonal service, which has run since 1984 from the Massachusetts Bay Transportation Authority's Red Line station in Braintree, may close without the subsidy, according to Jennifer. Watson, spokeswoman for Frederick Salvucci, state transportation secretary. Watson said the department is looking into alternative transportation aside from private auto FRESH DEEP SEA SCALLOPS MED. SIZE 40-50 COUNT HRIMP Shell On Previously Frozen FRESH POUT FILLETS Sale Ends 30 Alt Fresh Seafood Lobsters can be packed for Air Travel HOME FUEL OIL 81 FULL SERVICE BOSTON SUBURBS Pr Gal.

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We want you to understand about ceramic tile so you can make did so in a letter that began with an unrelated issue and was delivered home by students not always a reliable courier service, parents said. "A lot of us feel we're not being told what's going on," said Janet Poor of Roslindale, the mother of an llth-grader whom she refuses to allow back into the school until the air is professionally tested. Jean O'Donnell, also of Roslindale, was more direct. "This seems like a cover-up," said the mother of a 7th-grader. Contompasis yesterday attributed any delay in notification to the time it took him and city health professionals to get accurate information about the chemicals, which public health officials said are not cancer-causing.

"Would I have done anything differently? Maybe. Hindsight is always 2020," he said. The Boston Fire Department and the Department of Public Facilities ordered construction halted on Jan. 20 after Peabody construction workers continued to use the chemicals improperly. Lenny Jones said the company will not be fined and intends to comply with a special set of regulations drafted with the help of school and city health officials.

The regulations require prior notice before workers deviate from the specifications for any construction material. They also call for better air seals between the area of new construction and the school building, as well as an independent monitor for air quality. Mitchell while refusing to concede that Traini disclosed the material, said a lawyer releasing such materials would have done nothing wrong. The government sought no court order to seal the documents, Mitchell argued, and the judge did not instruct parties to withhold disclosure. The only remedy for disclosure, he said, would be for a person who felt "aggrieved" and not the government to sue for damages.

Boston lawyer Andrew Good, representing the Massachusetts Association of Criminal Defense Lawyers, added that the government did not seek at the time to protect the documents from disclosure, "and now wants to pass that responsibility on to someone else The responsibility lies with the government." According to court documents cited by the Globe in its story, a reputed drug dealer turned government witness, Robert M. wore hidden recording devices to obtain evidence against Ballard. Traini was harshly rili-cal of the government's iis- such evidence. Leonard taped conversations with two Boston police detectives who allegedly accepted money from him, but have not been indicted and are said to be cooperating with the investigation of police corruption, documents and sources said. evacuated after leak near Main Street reported smelling gas fumes at about 9 p.m.

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Kennedy Globe Staff A federal prosecutor, in a rare move, yesterday asked a Judge to inquire whether a defense attorney leaked documents to The Boston Globe and, if so, to determine whether to recommend sanctions against him. "I've never seen such a motion before." said US District Judge John J. McNaught, who took no action on the motion yesterday. Prosecutor Diane Kottmyer argued that documents in a police corruption case, including some detailing electronic surveillance, were provided to lawyer Anthony M. Traini and were then used as part of a news story published in the Globe Jan.

10. McNaught said he was familiar with similar requests being made to a panel of Judges, presumably during a disciplinary proceeding. But Kottmyer's motion came as part of the criminal case involving Traini's client, Courtland L. Ballard, a Boston police detective. Kottmyer argued that the materials were turned over to Traini only for the purpose of defending Ballard, who pleaded guilty Jan.

9 to corruption charges. As a lawyer. Traini had an obligation to keep the materials private and to protect the privacy rights of third parties named in them, Kottmyer contended. Traini's lawyer. Oliver C.

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