Rutland Daily Herald from Rutland, Vermont • 17

Rutted Region RUTLAND, VERMONT, SATURDAY MORNING, JANUARY 28, 1989 17 Corey Must Stand Trial Again not prejudice the state or alter the verdict in any way, Griffith said. Griffith said Corey was living out of state with the court's permission and kept in contact with his lawyers about his case. Rutland County State's Attorney James P. Mongeon was unavailable Friday to comment on the Supreme Court's decision. Mongeon had maintained that Corey would not face double jeopardy because the trial ended without a final judgment.

The prosecutor also asserted that the sheriff's pacing constituted evidence presented after the evidence in the case was closed, and was evidence presented outside thejudge's supervision. Corey's attorneys filed the Supreme Court appeal after McCaffrey in August 1986 rejected their request to have the verdict sustained or the case dismissed. Since then, Corey has been involved in several other legal tangles related to his murder trial. In August 1986, Corey was arrested in Granville, N.Y. where he had moved after the trial and charged with trespassing at a house there and fondling the breasts of a 12-year-old girl.

Corey entered a plea bargain in July 1987 and (See Page 32: Corey) distance from which Corey shot Greene outside the jury room. Minutes after McCaffrey decided to inform the jury of the mistrial, jurors reached a verdict and found Corey innocent on charges of first-degree murder and aggravated assault. The second charge allege that Corey fired the high-powered hunting rifle at a companion of Greene. Charles S. Martin, a Barre lawyer who does appeal work for the Vermont defender general's office, said Friday the Vermont Supreme Court recently concluded that "the trial court was correct in granting the mistrial." Therefore, Martin said, the court ruled that a second trial would not violate Corey's double jeopardy rights.

Martin said he would soon ask the high court to allow him to reargue the appeal. "Were disappointed," said Barry E. Griffith, one of two Rutland court-appointed lawyers who represented Corey at trial. "I'think this trial was conducted in a very fair fashion," Griffith said Fridav. "1 think the jury heard both sides and reached a proper verdict, a not guilty verdict." What happened with the sheriff was regrettable, but we nave maintained all along that it did By TIM DONAHUE The Vermont Supreme Court has ruled that a former Danby man, whose 1986 murder trial ended in both an innocent verdict and a mistrial, must stand trial attain.

Lawyers for Brian J. Corey, 27, had asked the high court to accept the jury's verdict or have the case dismissed "in the interests of justice." Coreys lawyers argued that putting Corey on trial again would violate his right against "double jeopardy," that is, being tried twice for the same crime. Corey stood trial in April 1986 on charges that he shot and killed a neighbor, Lome E. Greene, 20, during the early morning hours of Nov. 2, 1985, after Greene pursued him in a high-speed auto chase along back roads in Danby.

Corey testified that he feared for his life and his family members lives and shot Greene in self-defense in front of Corey's parents home, where Corey was living at the time. The trial judge, Rutland District Judge Francis B. McCaffrey, declared a mistrial during jury deliberations because of a procedural error involving improper presentation of evidence. At the request of a juror, Rutland County Sheriff Lee D. Jones paced off 92 feet the im tv? rl Brian J.

Corey Appeal By RIDC Criticized Woman Faces Embezzlement Scheme Charge gave Pulsifer a sworn statement in which she outlined how. and when she took the money and gave an estimate of the amount, the affidavit said. Pulsifer wrote that Barron said she began taking the money approximately four years earlier, in 1984. Barron said when selling American Express traveler's checks, there would be four receipts for each sale, the affidavit said. She told police she would give the customer his or her copy, send one copy to the AAA agencys main branch in Montpelier and keep one copy for the Rutland office, Pulisfer wrote.

The document said Barron told police the fourth copy was supposed to be sent to the American Express Co. But if the customer paid in cash, Barron said she would keep the Cash for herself and not send the fourth receipt "to American Express, the affidavit said. Barron said she would not put dates on any receipts and that eventually, the- travelers check receipts she withheld would be paid for when she accumulated enough funds from subsequent traveler's check sales, according to the affidavit. Pulsifer wrote that Barron turned over to police 493 receipts that she had not sent in to (See Page 32: Barron) By JIM DONAHUE JTjie former manager of the AM Travel Agency in Rutland id Scheduled to be arraigned Monday in Rutland District Court on a charge she embezzled tl5l600 from the company over a nearly five-year period. Barbara E.

Barron, 39, of Rutland could face up to 10 years iC'jail if convicted on the felony count. documents on file Friday at court, Rutland District Judge Francis B. McCaffrey found pro-bjihle cause for the charge in preparation for arraignment on Monday. The charge alleged that Barron between January 1984 and September 1988 embezzled a total of $151,600 from the AAA Travel Agency in Rutland by keeping cash payments of customers who bought traveler's checks. A court affidavit said Barron told authorities she uded the money for various expenses such as gambling, credit card bills, clothes, trips and makeup.

The affidavit by Rutland City police investigator Rodney D. Pulsifer said the investigation began this past Sept. 22 after AAA made a complaint to police that Barron, a former employee, had allegedly misappropriated more than $100,000 in company funds. On Sept. 26, Barron accompanied by her attorney (Staff Photo by Bruca Edward) Mayor Jeffrey N.

Wennberg talks to several supporters at a re-election fund-raiser Friday night at the South Station restaurant. Bipartisan Support Apparent At Fund-Raiser for Wennberg By JULIE HOOGLAND A state land use lawyer told the Rutland Industrial Develop- ment Corp. Friday to expect an -uphill climb in its appeal of an Act 250 commission decision that halted expansion of RIDC's Cold River Industrial Park. I think you would be wasting -a lot of time and energy -in fighting this decisipn," warned Mark Sinclair, an attorney for the state Agency of Natural Resources. RIDC has asked the state En-J vironmental Board to rule on whether the District 1 En-.

vironmental Commission had the jurisdiction under Act 250 to deny a permit for a potential park tenant on the basis of' wetlands. A pre-hearing con-, ference on the issue was held Friday afternoon in Rutland. Act 250 boards have ruled on 1 wetlands issues for more than a decade through related environmental regulations on soil quality, pollution and wildlife protection, Sinclair said. He added that appeal rulings had backed that jurisdiction. However, RIDC has argued that jurisdiction is improper because the state recently added a specific wetlands review law to Act 250, but hasn't yet submitted the regulations to go with it.

"RIDC appeals the decision on the basis that the commission does not have jurisdiction to deal with wetlands in view of the absence of regulations to be issued by the Water Resources Board," the appeal letter states. Sinclair said he was confident that the Act 250 jurisdiction in force in the past still applied to wetlands, even though the new regulations were not yet approved. "I feel fairly confident we would win, Sinclair said. He added that the agency would be paying close attention to the case because a ruling against it could endanger other wetlands. "We see a chance for significant loss of wetlands, so were going to be fighting this with a lot of energy," he said.

Environmental Board Chairman Leonard U. Wilson questioned whether RIDC disputed that there were wetlands on the undeveloped portion of the Cold River park. If so, full hearings on the issue would have to be held. RIDC's executive director, William C. Shouldice IV, said the nonprofit organization did (See Page 32: RIDC) Associate City Assessor Margaret S.

Cillo and City Engineer Warren E. Conner. Also in attendance was Police Commission Chairman Dr. Edward K. Reiman.

Wennberg, a Republican, is unopposed in his bid for a second two-year term, although Democrat Stuart St. Peter may jump into the race on Monday, the deadline for submitting nominating petitions for the March 7 election. If St. Peter, the chairman of the city's (See Page 32: Wennberg) By BRUCE EDWARDS More than 80 people, including many City Hall workers and the vice chairman of the city's Democratic Committee, turned out for a Friday night fund-raiser to boost the re-election campaign of Mayor Jeffrey N. Wennberg.

The $10 per person event at the South Station restaurant drew a number of rank-and-file city workers as well as department heads and aldermen. Fire Chief Gerald T. Lloyd, City Clerk Rosemary F. Finley were in attendance as was FCC Clarification Sought on VPR Interference Woes tions coextensive? If not, what are the differences? "We request that the FCC conduct an investigation into this matter and make a definitive ruling as to WRVTs obligations, the letter continues. Specifically, it asks that the investigation answer several questions: "What if any areas of Vermont are within TV Channel 6s protected broadcasting area? "If Vermont viewers experiencing interference are outside TV Channel 6s protected area, what are WRVTs obligations to these residents?" "If you determine that the affected residents are within TV Channel 6s protected area, what options are available to WRVT which would allow the radio station to continue its operations?" In concluding, the letter states: "As you know, both radio and television reception is (See Page 32: VPR) The basis for Fridays letter is a section of an FCC letter dated Jan.

10, giving WRVT special temporary authorization to go on the air despite an improperly oriented transmitter. This special temporary authorization is. conditional, such that in the event interference is caused to TV Channel 6 receivers, such interference must be resolved immediately or you must terminate your temporary operation, the FCC letter states. The congressional letter refers to the FCC letter, then goes on to say: "What remains unclear is the extent to which WRVT is legally obligated to clear the interference. There appears to be a conflict between the authorizing language for WRVT and the FCCs regulations defining TV Channel 6s potential broadcasting area The letter asks, Are the stipulations in your January 10 letter requiring WRVT to clear the interference and the FCCs regula By ED BARNA Vermonts three-member congressional delegation sent a joint letter Friday to the Federal Communications Commission, requesting a clarification of the rights of WRGB-TV viewers whose reception has been adversely affected by Vermont Public Radios new transmitter in Castleton.

Sen. Patrick J. Leahy, Sen. James M. Jeffords, and Rep.

Peter P. Smith, all signed the letter, according to Lisa Swann, the press secretary for Jeffords. Addressed to FCC Chairman Dennis Patrick, it was delivered to the FCCs Washington office on Friday, she said. Ever since WRVT starting broadcasting on the 88.7 FM frequency on Jan. 10, VPR has received interference complaints from viewers of the Schenectady, N.Y., TV station, which broadcasts on Channel 6.

Earlier this week VPR trustees agreed to pay the cost of supplying special PM filters to people whose television reception has been affected by WRVT. State Police Probing Hanging PROCTOR A Proctor man committed suicide Tuesday in the presence of a witness, who reported the death to police two days later, according to Vermont State Police at Rutland. Police said they were advised of the hanging death of Nelson R. Lucena, 33, at 10:30 Thursday. Police said that upon arrival at a North Street residence, they learned that the victim, in the presence of a witness, hung himself." the hanging took place at 12:30 a.m.

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