The Daily Oklahoman from Oklahoma City, Oklahoma • 2

THE DAILY OKLAHOMAN The Oklahoman today Page Budget rescue Not so easy Senate panel OKs bill for state vote to raise fuel taxes for prisons WEDNESDAY, MARCH 26, 2003 A proposal to give the FOOD Flavorful four As the march to the Final Four continues, we've chosen our own top four recipes for fans to enjoy while watching all the televised action. Page 1-D state Correc tions Depart Last week, things were warm and fuzzy for the University of Oklahoma men's basketball team at the Ford Center. But now No. 1-seeded OU must venture to Albany, N.Y., to play No. 12-seeded Butler.

"There's going to be 20,000 people at that game, and there's going to be about 19,000 of them milliner fnr Rnf- ment $9 million from the state's Rainy Day fund could cut planned employee furloughs from 23 days to six. The state Senate has approved the plan, and the House of Representatives is considering it. Page 3-A ler," OU's coach said. page X-Z METRO Instruction plan out Threat ratings A government plan to assign color-coded threat ratings to all commercial airline passengers is running into trouble. Page 1-E The city school district took the "easy way out" when it stopped sending a teacher to the home of a survivor of the Murrah bombing, then tried to force him to attend classes despite his medical condition, a hearing officer said.

Today Man executed for killing pair GETTING AROUND Eastbound Interstate 40 and northbound Interstate 44 will have occasional lane closures in the area of the I-40I-44 interchange between 7 p.m. and 6 a.m. during the next 10 days for repairs. There will be short-term lane shifts and use of temporary barrier walls. The westbound exit ramp from 1-40 to Robinson Avenue will be closed from 9 a.m.

to 11 a.m. today for repairs to safety devices. Eastbound 1-40 will be narrowed to one lane from 9 a.m. to 9 p.m. today at Czech Hall Road near Yukon for surface repair.

The east-bound on-ramp also will be closed. The inside lanes of both directions of Interstate 35 will be closed between SW 4 Street in Moore and Indian Hills Road in Norman from 9 a.m. to 3 p.m. weekdays this month for median work. The northbound 1-35 ramp to westbound Interstate 240 will be closed until April 1 as part of a widening project.

Motorists are encouraged to use Shields Boulevard during the closure. Both directions of 1-40 will be narrowed to one lane between I-40B and mile marker 124 through June for a surfacing project. HOW TO REACH US General offices 475-3311 NEWS TIPS: Metro residents: Call 475-3231 Outside the metro, call (800) 375-6397, Ext. 3225. You can also reach us by fax at (405) 475-3183 or by mail at P.O.

Box 251 25, Oklahoma City, OK 731 25 For every 10-cent increase in the price of diesel, 1,000 truck lines with five or more trucks go out of business, according to a 2000 study by the American Trucking Association, Case said. A Texas trucking company with 1,000 trucks went out of business recently, Case said. AAA Oklahoma, a state automobile club, hasn't taken a position on Milacek's measure, said Chuck Mai, spokesman for the group. "We're surveying our membership and determining where they stand. We represent 280,000 members in Oklahoma," Mai said.

"AAA Oklahoma fully supports better highways and bridges in Oklahoma, and we see this as a concern of our members. In the past, a majority of our members have said they support increasing funding for better roads in Oklahoma. We are continuing to survey our members to see if an increase in the gasoline tax is the method they would support." Here are fuel tax rates for surrounding states as of January: Texas charges 20 cents a gallon for gasoline and diesel. New Mexico levies 17 cents a gallon for gasoline and 18 cents a gallon for diesel. Colorado charges 22 cents a gallon for gasoline and 20.5 cents a gallon for diesel.

Kansas charges 23 cents for gas and 25 cents for diesel. Missouri charges 17 cents a gallon for gasoline and diesel. Arkansas charges 21.6 cents for gasoline and 22.6 cents a gallon for diesel. Louisiana charges 20 cents a gallon for gasoline and diesel. The Senate Transportation Committee voted 12-8 for the bill, which goes to the full Senate.

Staff writer John Greiner can be reached by e-mail atjgreiner igoklahoman. com or by phone at 475- By John Greiner Capitol Bureau A Senate committee approved legislation Tuesday for a statewide vote to raise gasoline and diesel taxes to 22 cents a gallon to help Oklahoma's road-building efforts. Oklahoma's gasoline tax is 17 cents a gallon. The diesel tax is 14 cents. One penny of the tax paid at the pump is called a special assessment fee and goes into a fund to clean up leaky underground fuel storage tanks.

The tax increases would be phased in, with the gasoline tax reaching its highest level July 1, 2006. The diesel tax would reach its highest level July 1, 2007. The taxes would stay in effect until June 30, 2030, when they would drop back to what they are now. The state would receive $145 million annually from the increase in fuel taxes, Sen. Robert Milacek, R-Enid, author of House Bill 1385, told the Senate Transportation Committee.

"This allows the people of Oklahoma to develop an economic development plan," Milacek said. If approved by the Legislature, the proposal would be on a statewide election ballot in 2004. Sixty percent of the money would go to the state highway program. The rest would go to counties, cities, railroad overpasses and passenger train service, public transit and airports, Milacek said. Oklahoma's last fuel tax increase by the Legislature was the penny for repairing the leaky storage tanks.

It was passed as a six-month tax in 1989 and made permanent in 1990. Oklahomans since have amended the state constitution, making it virtually impossible to raise taxes without a vote of the people. Dan Case, executive director of the Oklahoma Trucking Association, said he's concerned about the effect on the trucking industry. By Rochelle Hines Associated Press Writer MCALESTER A man convicted of stabbing his girlfriend and her mother to death in 1988 was put to death Tuesday. John Michael Hooker was pronounced dead at 6:07 p.m.

at the Oklahoma State Penitentiary. The U.S. Supreme Court late Tuesday afternoon denied without comment a habeas corpus appeal and a request for an emergency stay filed by Hooker's attorney. Hooker was executed almost 15 years after stabbing Sylvia Stokes, 28, and Drusilla Morgan, 53, so many times on March 27, 1988, they bled internally until they died. Stokes, the mother of his three young children, had moved out of the Oklahoma City apartment she shared with Hooker a week before the murders.

She had told her sister she feared Hooker would hurt her and the children. After Stokes and Morgan went back to the apartment to pick up clothing and food for the children, witnesses reported hearing loud noises coming from the residence. Hooker was later seen with blood on his clothes. In 2001, officials re-examined DNA evidence in Hooker's case because it originally had been handled by Oklahoma City police chemist Joyce Gilchrist. Investigators retested DNA evidence submitted in all of Gilchrist's cases after officials accused her of performing shoddy work.

Results of the retesting showed blood from Stokes and Morgan was found on Hooker's pants, officials said. The 10th U.S. Circuit Court of Appeals in Denver denied Hooker's appeal last year and the U.S. Supreme Court rejected an appeal in January. On March 12, the Oklahoma Pardon and Parole Board denied clemency for Hooker.

Woman arrested in shooting of puppy EXECUTIVE EDITOR By Ken Raymond Staff Writer A southeast Oklahoma City woman has been arrested after neighbors said she fatally shot a 10-year-old boy's puppy as he watched. Sherry Smith, whose age was unknown, was arrested Friday on complaints of cruelty to animals and assault and battery, Oklahoma City police Detective Jason Clifton said. Any charges would be filed in Cleveland County. A police report on the shooting incident states neighbor Kathleen Tesch, 41, has had problems with Smith "shooting her pets when they go onto (Smith's) property" for about two years. The neighborhood conflict escalated March 16, the report states.

About 5:30 p.m., the boy entered his house to get a drink, then went back outside to see Smith "shooting the puppy with a rifle after it had crossed over" onto Smith's property, according to the police report. Barbara Sue Ivanhoe, the boy's grandmother, told The Oklahoman she rushed to Tesch's house as soon as she heard the 4-month-old puppy had been shot. Ianhoe said the child was traumatized by his puppy's death. "The little red collar we bought for the puppy, he puts it through a belt loop on his pants and wears it every day," she said. Online atNewsOKxam BERNHARDT Rabbi: Curbs placed on career 475-3322, mhutchisonoklarioman.cc BUSINESS Clytie Bunyan 475-3284, cbunyanoklahoman.cor SPORTS EDITOR Mike Sherman 475-3164, msherman oklahoman.cc FEATURES EDITOR Bryan Painter 475-4109, bpainterSoklahoman.con NORMAN BUREAU 292-6100 LAWTON BUREAU Ron Jackson (580) 666-2340, rjacksonoklahoman.c ENID BUREAU Dawn Marks (580) 233-1509, dmarksSoklahoman.c CAPITOL BUREAU From Page 1-A can't reach your contract carrier by phone, call 478-71 71 before 8:30 a.m.

Monday through Saturday and before 10 a.m. Sundays. STATEWIDE TOLL-FREE 1 877-987-2737 SERVICE RELATED e-mail: djames oklahoman.com SUBSCRIPTIONS In metro 478-7171 (877) 987-2737 i ADVERTISING what had happened in Florida, records state. In Oklahoma County between Jan. 1, 1998, and Feb.

24, 2001, Marcovitz committed indecent and lewd acts with a child under the age of 16 by touching the student's buttocks and rubbing her back underneath her clothes while making comments that she was sexy, according to documents. She was attending classes with the defendant for bas mitzvah, according to court records. During his sentencing, Marcovitz complained he was lightheaded and needed to sit down because it would be easier to answer the judge's questions. "I'm sorry for any pain I caused any of those people," Marcovitz said. "There was no malice on my part on committing these things.

In the future, I will attempt to be more sensitive. I feel very badly about what occurred." The judge told the rabbi it was impossible for her to understand what he did. "There is no doubt in my mind your attorneys did you a great service negotiating your plea," Gray said. "A jury would put you in prison for a long time." Sharon Murphy, one of the rabbi's supporters, said the charges should have been thrown out. "He doesn't have an evil bone in his body," said Murphy, who attended the synagogue for 18 years.

"He spent his life trying to help people. They dug and dug and dug to get people to say things that some of them were lies. Even the lies were nothing." Prosecutors said they were ready to go to trial, but were glad the victims wouldn't have to testify before a jury. Deutsch said, "The office of district attorney takes an extremely dim view of anyone, especially anyone in a position of trust, who takes advantage of a child." THE DAILY OKLAHOMAN (USPS 144-700) rhe Okl ii un )hshi Okl ihoma City OK 731 counts of inappropriately touching two students and two employees of the Jewish Community Day School. The judge ruled Marcovitz cannot take another rabbinic position at a synagogue or teach children in any capacity.

He will have to register as a sex offender when he is released from prison. Marcovitz decided late Monday to plead guilty after the judge ruled prosecutors could call four girls and one of their mothers to testify about what they said the rabbi did to them. Defense attorney Billy Bock said: "Based on the ruling yesterday, he had to reassess his situation. At some point, you have to take your money off the roulette table. He didn't want to die in prison.

Now, he's in control of his future." Assistant District Attorneys Joel-lyn McCormick and Steve Deutsch said they have evidence that in 1962, when Marcovitz was in Elkins Park, he put his hand down the shirt of a 12-year-old student studying with the rabbi for her bas mitz-vah. The girl said the rabbi continued the conduct on a daily basis for about two months. In Pottsville, between Jan. 1, 1966, and Dec. 31, 1967, Marcovitz fondled the private parts of a 10-year-old girl, according to court records.

During the summer of 1994 in Palm Beach, Marcovitz fondled another 10-year-old girl a friend of the defendant's daughter who was visiting in his home, according to court records. The girl said Marcovitz rubbed her private area underneath bedcovers on multiple occasions, documents show. The girl called her parents and wanted to go home early, according to court records. Her mother said when she met her daughter at the airport, she started crying and explained Other Monthly Daity ar Sa dfiy OkUl until SIM 00 -Mi foreign subscription rates, call (405) 475-3433 POSTMASTER: Send address changes to: Box 25125, Oklahoma City, OK 73125-0125 Man faces HIV charge 50 Off Catalog Prices On All Casegoods Linewide Through March 31st! MathisBrothers furniture Henredon Bernhardt Lexington Century Maitland Smith Ralph Lauren 3434 West Reno, Oklahoma City, OK 405-943-3434 Hours: Monday through Friday 10 a.m. to 9 p.m.

Saturday 9 a.m. to 9 p.m. Sunday 12 noon to 6 p.m. Nationwide In Home Delivery Available Open a Mathis Brothers Revolving Charge Account Call 946-9741 Major Credit Cards Accepted: Visa, MasterCard, Discover, American Express Visit us at www.MathisBrothers.com An Oklahoma City man was charged Tuesday with engaging in conduct likely to transfer the human immunodeficiency virus. Milik Sharif Muhammad, 41, is accused in Oklahoma County District Court of engaging in that conduct between Nov.

1 and Feb. 28. Muhammad, on parole from prison, was diagnosed with the virus in 1992 and failed to tell the 31-year-old victim, a mother of two, before having sexual relations. Staff writer Diana Baldwin can be reached by e-mail at dbaldwin igOklahoman.com or by phone at 475-.