The Tribune from Scranton, Pennsylvania • 3

yiPirenr'y iyir jTUFTft ywyiwipi '1M fF pumpqsjyim hjoyriaeyiyjii. yjN.ni AT i I 1 tT'- 16 The Tribune, Scranton, I'a. Nov. Victims Injuries Described in Detail 4 5 nna Jury May Get Chmiel Rape Case Todajy CMC, said the crying, shaken victim did riot want him to enter the room because I was a man. He testified the eyebrow laceration was down to the muscle layers.

Dr. Sebastianelli examined the victim a few days after the incident and ticked off a long list of injuries she had suffered. The victim, in cross-examination, testified she has been struck two to four dozen times by the defendant. Brier, in cross-examining the two physicians, hit upon this point in an apparent attempt to prove the victim would have been rendered unconscious. But neither physician agreed with Briers hypothetical offering.

Brier ended his cross-examination of the victim without touching on the sexual assualt He hit hard on her identification of the defendant and lighting at the scene. The Commonwealth has fashioned a scenario in which Chmiel, driving a pickup truck, followed the victim from the bank, through Central City and onto the Central Expressway, where he forced her car off the exit ramp leading to the northbound lanes of Route 81. It is alleged he physically and sexually assaulted her and threatened to kill her. The incident occurred April 21. Matthew Cavanaugh, West Scranton, testified he was driving on the ramp toward Route 81 when he spotted the pickup truck and the victims car parked side by side.

He said he stopped, thinking there had been an accident, when he saw the naked figure of the victim come around the front of his car. He said the victim climbed into the rear seat of' his car and knee imprints a right toe mark where she Jthe victim) had been down on all fours. George J. Surma, Pennsylvania State Police criminalist, testified about the similarity of paint particles on the car with paint from the truck and. similarity of soil at the crime scene with soil found in a wheelwell of the truck.

He also testified of negative findings in rectal and vaginal smears but a positive flndihg of sperm in two oral smears taken from the victim at the hospital. r- Surma said his original testing of three pubic hairs found in combings the victim could ndt be matched with Chmiel and when he did another comparison as recently as Nov. 9 the results wire negative. -r He also said his testing of scrapings of the victims fingernails showed no signs of blood or flesh l') nothing of probative value. The Commonwealth's final witness was Vranfc Chiarelli, a corrections officer at Lackawanna CoiiWly Prison, who testified of detecting red marks at thebast of Chmiels neck after the defendant was lodged thfeft on the evening of April 21 some 15 or 18 hours dfteAf theassault.

Chmiel has had proceedings in the triple murder charges stayed while a bid is made for a pew preliminary hearing on grounds of Insufflqiei evidence at the first hearing. jm The murder charges involve the stabbing deatlfbof Angelina Lunario and her brothers, James and Victor Lunario. i-mv' excitedly told him to drive away because both of them would be killed by her attacker. Cavanaugh testified he drove the victim to the Pennsylvania State Police barracks in Dunmore. The victim was taken from there to CMC.

Scranton Patrolman Edward Duffy told of finding footprints and bodyprints, along with blood, in the snowy embankment where the assault occurred. She was beat up pretty bad, Duffy declared in describing a talk he had with the victim at CMC. He said he detected signs of a struggle at the assault scene. I Detective, Thomas Tolan testified of receiving information for a lookout on the pickup truck and of spotting what he considered to be the vehicle parked at Luzerne Street and Fifth Avenue as he drove home from work. He said he got a look at a composite sketch of the driver and found it resembled a bearded neighbor Chmiel.

The latter resides at 415 Luzerne St. and Tolan resides about a half-block away. Detective Charles Borgia aided the victim with the composite sketch and when he showed her the completed sketch she started to cry, he stated. Borgia testified the victim suggested adding more beard to the cheekbone and then cried oh my God him. Ill never forget him.

Motorcycle Patrolman William Donovan told of taking paint particles from the pickup truck and paint particles left on the car, apparently when the truck hit it. His examination of the scene, he said, showed imprints of body marks, palms and fingers, left hand, By TOM CASEY MONTROSE Two physicians and a nurse testified about multiple Injuries suffered by a 27-year-old woman during a rape-assault as the Commonwealth neared the end Tuesday in its presentation of the case against David Chmiel. -vr Asst. Dlst. Atty.

William Fisher is expected to call his final witness when testimony resumes this morning i at 9:45 oclock in the Susquehahna County Courthouse at Montrose. Atty. Jack Brier is expected to wrap up hla presentation in the afternoon hours and the jury may begin its deliberations by mid-afternoon. President Judge Edwin M. Kosik of Lackawanna County and a Susquehanna County jury of eight women and four men has been hearing testimony in the trial, "which was moved out of Lackawanna County on a change "of venue because of excessive publicity.

Proceedings opened Monday. defendant, after being charged In the brutal rape and assault on the employee of a downtown bank, was freed in $30,000 bail. It was while he was free in bail that he allegedly forced his way into a Throop residence and killed an elderly woman and her two elderly and ailing brothers during a robbery. That was in September. Madeline Cummings, R.N., an emergency room nurse at Community Medical Center, and Drs.

Eugene A. Turchetti and Mario J. Sebastianelli described the appearance of the battered victim lips swollen, front tooth missing, deep laceration of the left eyebrow, dried blood around the nose and mouth. Dr. Turchetti, an emergency room physician at Group Homes Will Undergo Inspections Police Claim By MITCH GROCHOWSKI Is a restructuring of the Scranton Police Bureau, as called for in the mayors proposed municipal budget, intended to improve the force? Not according to a spokesman for the boys in blue.

McNulty said the mishandling of evidence by police in several major criminal investigations is behind his budget proposal to make the present deputy chief, Frank Karam, exclusively in charge of reporting and filing all evidence in such investigations. There would then be another deputy chiefs post created through the mayors budget. That deputy chief would supervise the conduct and administration of the uniformed division. McNulty is trying to get Scranton in the same The TriboneA. J.

Sandone and Scranton Counseling Center had room for 12. According to Ruddy, one of the residents deliberately set the fire. "Ive been told these people are screened, Ruddy said, that the appropriate agency or agencies does do a background check on Nevertheless, the fire chief said one of the checks he is having made is to what extent persons living in these residences are supervised by counselors. Fire Bureau inspectors also will check for code violations although Richard McLaughlin, community residential services coordinator for the Mental Health-Mental Retardation Center, assured him the buildings meet all the fire and safety regulations. Ruddy said he still doesn't know why the city was left in the dark about these residences, which came to light after the fire.

The fire chief said it would serve no purpose at this point to disclose the locations publicity, although he said each District Fire Chief will have a list of such homes so that firemen will know Special circumstances exist should a blaze start in any of these dwellings. Regardless of whether state or county officials view 29 group homes in compliance with fire and safety regulations, Scranton Fire Chief Robert Ruddy said his inspectors will make their own findings if a threat to life safety exists in any of these dwellings for the em-tionally disturbed or mentally retarded. If they are not in compliance with (city) fire and safety codes, we will call the appropriate agency and tell them to remove the people from the building, Ruddy said today. Inspections of all 29 residences, which are located throughout the city, are expected to be completed by Friday, according to the chief. There are nine group homes housing 62 mentally disturbed people and 20 dwellings for an undertermined number of mentally retarded.

Ruddy would not release the address but he said it is fair tc say the homes are located all over the city. I The fire chief demanded a list of all such residences after a two-alarm fire on -Nov. 7 at a building at Linden Street and Adams 'Avenue revealed Allied Services for the Handicapped had 22 persons living there ERIE BRIDGE DOWN Crews complete razing of old Erie Railroad Bridge in the 400 block of Gibson Street Tuesday. The bridges, now owned by Pocono Northeast Railway, were once used to bring passenger trains into the old Erie Station, now home of Coopers Seafood House. Through efforts of the Hill Neighborhood Association, Pocono Northeast agreed to raze several bridges, including those over the 500 block of Myrtle Street the 900 block of Adams and 800 block of N.

Washington Avenues. Atlanta Firm Agrees to BuyWDAU-TV; category as Dunmpre, scoffed a spokesman for the Fraternal Order of Police. He wants more bossekand fewer workers. Instead qf bigger jobs for his political friends, which the taxpayers must foot, wed rather the workers, the spokesman said, suggesting a need for two patrolmen- in placer.tff yet another deputy chtefci McNulty's proposal for a captain of crime prevention, a newly-created post eqrtpp of the existing lieutenafttm crime prevention, was ed off as ridiculous bv the spokesman. These officers would be over a group 6f civilians, or policemen assigned flight duties, the union reptesefr tatlve said.

These people would not be out ki the field doing criminal investigations and that's what- we need, workers in the field! The spokesman suggested McNulty should fill vacancies which really exist instead of creating new petitions. We havea sergeant if post open, he said, "and reserves have been senlAtg in patrolmen's vacancleaior a couple of years nowi Thp majority of men fefel McNut-ty has taken a page out ef the (Mayor) Hanlotr'era when people were left talking for years before they got full The mayors overall plan calls for the hiring 61 16 policemen and he hopes to re-establish a squad Whicf) would Investigate vice and drug problems. The FOP spokesman expressed hope one -of those new additions to the' (otte could compensate patrolman stationJtlr front of Farley's Restaurant every night on what.ls supposed to be Post i The mayor Can play" alt. the political games 'He, wants. But he should ktiijw what we want are w6rkerS, not bosses, the spolieaMap concluded.

I I II i million sale of the stations to an Atlanta investment corporation. The five shareholders of Scranton Broadcasters, identified as M. E. By DAN ORR The owners of WDAU-TV and WGBI Radio went to federal court here this week to prevent a New York man from blockihg the multi- Mayor Proposes Land-Value Tax Again City Budget Holds Line on Taxes tanks, according to the American Stock Exchange listing. As recent as three weeks ago there were news reports that the owners were about to sell the television and radio stations to the Bronx-ville, N.Y., television executive for several million dollars.

Back in September of 1981, WDAU announced the sale of the station for $12 million to three New York City executives, but that deal fell through and WDAU later filed a lawsuit in federal court here for breach of promise against the trio. In the latest development, WDAU admits that between April and November of 1982, the owners and Lombardi engaged in Serious negotiations for the sale of the company, but those talks broke off last May. Then in August the negotiations resumed. In the papers filed with court this week, the owners said they advised Lombardo Megargee, Marcella M. Holcomb, Katherine M.

Collins, Mary M. Griffin and Jean M. Reap, along with the prospective buyer, Southern Capital Atlanta, are asking court for a declaritory judgment against Phillip J. Lombardo, New York City, who claims he has a binding agreement to purchase the company. The owners of WDAU-WGBI, which has offices at 415 Lackawanna (maintains there is no such agreement and that Southern Capital Corp.

has a contract to purchase the stock of Scranton Broadcasters. Southern Capital is located in the same building in Atlanta as Southeastern Capital a firm on the American Stock Exchange that has among its holdings another television station, WGUL-TV. Southeastern also is involved in home furnishings, energy technology and the manufacture of steel they were also negotiating with other parties, including the plaintiff, Southern Capital. WDAU in its ecomplaint states that Southern and the owners have entered into a definitive agreement" whereby Southern will purchase the company. It notes that WDAU received a letter from Lombardo dated Oet.

29 in which he claims to have a binding agreement to purchase the shares of the company and threatens legal action if the owners refuse to convey the stock to him. According to the complaint, the defendant Lombardo has no contract for the purchase of the stock and has no right to the stock. It claims that his threats and demands constitutes intentional and unjustified interference with the plaintiffs contractual relations and has caused WDAU owners substantial additional costs The court is asked to award the owners of WDAU the costs for pursuing the case, plus attorney fees and other relief. Filing the suit of behalf of WDAU were Attys. Patrick T.

Ryan, Philadelphia, and Atty. James E. OBrien this city. By JOHN M. HART JR.

Mayor James Barrett McNulty unveiled his pro-posed 1984 budget late Tuesday, a budget which contains no tax increase but allows for the appointment 6f 12 new police officers and four percent cost of living increase for all city employees." The proposed fiscal blueprint was being fine-tUned by the mayor and his staff late Tuesday and was to be hand-delivered to members of council by midnight the deadline under the citys Home Rule Charter. And for the second year in a row, McNulty is proposing a land-value tax in an attempt to end the practice of taxing improvements on property made by landowners. The city is going to enter a new era of cooperative government in 1984, the mayor said, noting that with the new administration in county government and the school district, the three taxing bodies will combine purchasing power, eliminate duplication of ser therefore create jobs for the building trades and then for residents in new businesses. McNulty proposed the land value tax last year and the idea sparked a controversy Involving the county commissioners, who claimed such a tax could not be imposed without a costly reassessment, and from city merchants who believe such a levy would be unfair to them. Following much discussion on the matter, McNulty (Please Turn to Page 5) vices and provide relief to the taxpayers.

Stressing he was sure this new cooperation would come to pass, McNulty disclosed he was reinstituting the land value tax. This tax will provide for the little guy with his house on a small lot to pay less taxes than the big land barron. Those who own the most land will pay the most taxes, he said. The mayor noted that he believes a land value tax" will provide a big incentive for landowners to develop their properties and STOKERHEAT sucmmm.il STEAM HOTWAtEJ? WARM AIR COAL I WOOD STOVES NO MONEY DOW.4 72M0S.T0 PAY? AMERICAN HOME FURNACE CO. PHONE 346-2100rl Lawsuit Charges Prominent Area Lawyer With Fraud ing, cutting and processing of beef, by using bee-hive machinery.

In 1973, Gress Farms and Barth negotiated to form the processing of comminuted poultry products which would use the poultry by-products of Gress Farms. McGlone, as counsel for Gress Farms and Barth, drafted a non-competitive agreement which prohibited Gress Farms and its officers from entering into competition with the plaintiffs. In March, 1976, the suit states, various stockholders of Gress Farms "went into direct competition with West Mountain and diverted its secrets, techniques, know-how and markets and used and dissipated West Mountains supply of raw materials, and that these competitive actions were done with the knowledge, advice andor aid of McGlone. "By vltrue of these breaches by various stockholders of Gress Farms, the suit claimed, West Mountains business sustained serious and permanent damage. West Mountain sued Gress, the case went to a jury In March, 1981, with McGlone representing Gress.

The legal action is still pending against Gress by West Mountain and McGlone Is still representing Gress. according to the suit. The suit states that McG lones past and continued representation of parties with interests directly adverse to the plaintiffs constitutes a breach of his fiduciary trust and duty of loyalty to Barth and West Mountain." poses of defrauding Barth and having Barth form West Mountain and enter into a business relationship with Gress Farms in such a manner as to permit various stockholders of Gress Farms to learn the trade secrets, know-how and customer lists of the plaintiffs and convert the same to their own use and profit. 'j McGlone, defrauded the plaintiffs, according to the complaint, by permitting Barth and Gress Farms to be the shareholders of West Mountain and having them enter into the non-competitive agreement on Jan. 12, 1974 when it was known that the Individual shareholders of Gress Farms, rather than the corporate entity of the same, would have to be the shareholders in West Mountain and would have to be restricted from competing with West Mountain to provide protection to Barth and West Mountain.

The complaint also states that the defendant defrauded plaintiffs by conspiring with Myron Gress, Peter Gress, Ronald Gress and Edward J. Gress, all officers In Gress Poultry, to wrongfully enter into direct competition with West Mountain and attempt to dissolve Gress Farms, the major source of supply to West Mountain. In capsulizing a history of the plaintiff's business, the complaint cites that in 1970, Barth adapted the processing of beef by-products in which edible beefs was recovered in pulverized form from the bone and trimmings after bon By PETE GRADY A local poultry firm Tuesday sued a prominent area attorney and former Lackawanna County Bar Association president in county court, charging him with defrauding plaintiffs in order to permit a rival poultry company to obtain plaintiff firms trade secrets and customer lists for its own use and profit. Defendant is Atty. Paul McGlone.

Dunmore, a well known Democrat who campaigned this year for the feelection of Democratic Lackawanna County minority Commissioner Chester Lasota. Plaintiffs are Jerome Barth, president of West Mountain Poultry Company, and West Mountain Poultry Co. In a trespass and assumpsit suit filed by Atty. Lewis Kates, Philadelphia, McGlone is charged with breaching the implied obligations he owed to plaintiffs to not use Knowledge which he obtained while in their employ, to de-feftd adverse parties in a suit concerning those matters hnd to act in good faith In dealing with Barth and West Mountain. Because of the breaches of contract, the complaint Mates, the plaintiff have sustained severe financial fosses in lost profits and litigation costs, and seek $20,000 damages from McGlone.

The complaint avers that McGlone entered into Employment with Barth and West Mountain for the pur- '-i' rf Famous Lunch Features Wednesday, November 19, 1993 Clems Cosino Cosserole Supreme I Parley's Salad Italien Soutoge I Peppers Pormigien Potato Wedges 3.95 3.95 COURTHOUSC SQUARI DOWNTOWN SCRANTON.