The Daily Sentinel from Grand Junction, Colorado • 1

0 1 I i I i i I i The Daily ''-y EL Saturday, Feb, 4, 1 976 1 6 pages Newsstand price 1 5c Grand Junction, Colo. Sen. Bishop says Lawmakers must place lid on state spending f.kr 'V 1 cccxxxxj 1 Bishop doesnt believe that the proposed two cents gas tax should be imposed until "Im convinced that the highway users tax funds are not being misused. He feels that part of the State Patrols $26 million budget could be shifted to the General Fund, and that the Drivers' License Bureau should be self-supporting. 1 "The Senate passed a bill setting the fee at $7.50 last year, but it was defeated in the House.

THE PUBLIC SCHOOL Finance Act. "Once the states share reaches SI per cent, the state makes the decisions, Bishop warned. MEDICAL MALPRACTICE. A number of bills have been introduced covering virtually every aspect Internships, medical records, the obligations to the patient, the statute of limitations. Its too soon to say what might happen.

Collective bargaining COLLECTIVE BARGAINING for teachers and public employes. Several bills have been introduced but theres a question of constitutionality. Bishop is concerned that the taxpayer interest be represented in any bargaining plan that is adopted. OBSCENITY. Three bills have been introduced since the Colorado Supreme Court struck down the statute.

"Well receive more comment on this than on the state budget. People have a greater concern for this than they do about how tax money is spent. By ALICE WRIGHT Sentinel staff writer "At some time we must say No, its gotta stop," State Senator Tilman Bishop, R-Grand Junction, told the Grand Junction Chamber of Commerce directors Friday in a review of the legislatures budgetary problems. Money matters were the focal point of Bishop's report on legislative concerns during the "short session which he says may last through June 30. Its tough to say no, because every request for a new or expanded program has somebody who is very supportive, Bishop said.

Nevertheless, he pointed out that officials of a half dozen states back east predict operating deficits of 1700,000 to 17 million this year. The latest figures indicate New York Citys predicted $1 billion shortage will be closer to $1.5 billion. "What happens when the state declares Bishop asked. 'Live within its means' "We ought to start by looking at all the jobs and government agencies and ask whether theyre in the best interest of all citizens. Colorado must be able to live within its means.

If we're going to control inflation, we cant do it by adding another tax." Quoting figures, Bishop showed that the $78.4 million in increased revenues next year will be absorbed by inflated costs of on-going programs. Yet the, requests for new programs is never ending handicapped children, mental health, retarded, disabled, alcoholic, medical assistance, social services, on and on. Bishop voiced concern that legislators should be more involved in the process of setting priorities for departmental budgets, but isnt sure the Joint Budget Committee is willing. "At least, the legislators are more aware, Bishop said, "but it may be an exercise in futility." Additional concerns are: THE SEVERANCE TAX. theres no compromise in sight yet between the proponents taxing gross as opposed to net proceeds, but the Senate is in a box since it cannot initiate revenue bills.

The question hinges on philosophical views such as the depletion of natural resources, how much resources are worth while they are in place. "Theyre not worth anything until they 're extract-, ed and converted to a useful form. Layer of bureaucracy THE DEPARTMENT of Transportation and the prospect of upsetting the distribution formula of the highway users tax. Bishop sees the bill as creating another layer of bureaucracy. "Western Colorado has to be concerned about the distribution until our roads are brought up to minimum standards.

The Eastern Slope is now at the stage of widening its roads, far more costly than building new roads. Hes concerned that once the department is created, the emphasis will be on a public mass transportation system. In liquor license hearing Testimony reveals CBI agent 4 1 posed as crime syndicate figure Should I or shouldn't While Wayne Petefish ponders the question, Delsie Rathbone waits in hopeful anticipation of receiving a valentine in her valentine box from the bashful lad. Both children are third grade students at Tope Element tary School. Sentinel photo by Robert Grant Tearful Hearst recalls captivity said the Mafia would put up money for the bar.

He said he did it because the CBI was investigating Deavens, who was on the force at the time, on the request of unnamed local law enforcement officers who had heard he was a narcotics dealer. The meeting with Wilson was part of a guise to check out Deavens, whom Wilson said he had known for 20 years. In return for the Mafia investment, Brown said the Mafia would bring in narcotics and prostitutes and give the two men a percentage of the action. The testimony also revealed Brown told them he could take the business away from Wilson if he wanted to. SAN FRANCISCO (AP) Patricia Hearst, weeping and straining for breath, recalled for jurors Friday the nightmare scenes of her captivity a tale of violent abduction, torture and fear that her terrorist kidnapers intended to bury her alive.

Testifying in her own defense at her bank robbery trial, the pale and slender defendant told for the first time public how she was blindfolded, dragged from her apartment and knocked unconscious, then dumped into the trunk of a for the jurors, Randolph Hearst sat with his left hand shielding his eyes. Family threatened Earlier in the day, the Hearst family was threatened yet again by terrorists, this time in a communique purportedly from the group that had bombed the fabled Hearst Castle the day before. The communique said that had Miss Hearst been released on bail she would not have lived to go on trial. '-The 21-year-old defendant had come to court in the morning expecting to see the man who shared the terror of her kidnaping her former lover, Steven Weed, But Weed, scheduled as the first defense witness, was passed over by defense attorney F. Lee Bailey who had called Weed irresponsible for holding a news conference to discuss Miss Hearst and his book about her.

Dolan said he would have to iirst review the testimony of witnesses and compare it with the 30-page transcript of a taped conversation that took place in a bugged motel room last Oct. 7 between Wilson, former Grand Junction policeman Richard Deavens and a Colorado Bureau of Investigation (CBI) agent, Ken Brown, posing as a member of the Mafia. Dolan would not authorize giving copies of the transcript to the media after attorney objected that prior publication could affect the upcoming trial in County Court March 4 involving marijuana charges against Deavens and Wilson. After the hearing he told the news media he could not say how long it will be before he decides whether to grant Wilson a license for Oliver's at 323 Rood. 30 minutes of testimony During his 30 minutes of testimony, Brown told Dolan he set up the meeting by having an informant named Rick Hampton tell Deavens two days before he knew a businessman who had some money to invest.

Wilson said they didnt know of the purported Mafia connection until they were in the motel room. Brown testified in the morning how he posed as a Mafioso by the name of Mr. Rico who met the two men for a couple of hours in the motel room and Symboionese Liberation Army, making constant threats: If I tried to escape, Id be killed. If I made any noise, Id be beaten or theyd hang me up from the ceiling. Buried alive Captive In the nearly airless closet, she feared she might have been buried alive.

"I was really scared, she said in a soft, breathy voice. "I must have done something because right away they told me it was a closet. Soon, she said, Cinque turned to physical abuse. Dissatisfied with her performance on a tape recorded commu- nique, she recalled tearfully, he pinched her in the breasts and groin. The young heiress testified with her parents and four sisters looking on, their faces anguished ps they heard once more the first tape recording of Miss Hearst sent from the underground just two years ago.

As the tape played By RAY SULLIVAN Sentinel staff writer State Revenue Director Joe Dolan refrained Friday afternoon from deciding whether a liquor license should be issued to Bobby Wilson after about three hours of testimony in a public hearing at Grand Junction City Hall. Flu outbreak levels off The flu outbreak has leveled off, the Mesa County Health Dept, found Friday in its weekly count of communicable diseases. Dist. 51 schools reported 1,079 absentees Friday, which is still above normal, but well below the high point, 1,611 on Feb. 6.

Physicians' offices reported 906 flu victims treated during the week, compared with 1,639 the previous week. Totaling the record for the four weeks outbreak, shows 4,141 reported cases; school records show more than 1,800 students stricken. Hopefully, the peak is past and the downward trend will continue, said Dr. Jacobson but "as sure as I predict, Ill be wrong. Brown confirmed the transcript state-' car as she heard gunshots and screams ment attributed to Wilson that he re- behind her.

Bitch, youd better be quiet, the tearful Miss Hearst quoted her chief tormentor, Donald Cinque DeFreeze, as shouting the night he broke into her apartment with two others. Tale of horror Weaving a tale of horror and degradation, Miss Hearst spent nearly two hours on the witness stand after the prosecution rested its case against her. U.S. Atty. James L.

Browning said he felt the governments case had gone well, although he planned to offer a substantial amount of evidence in rebuttal to the defense. The seven women and five men of her jury, who had not heard her testify before, swiveled their chairs in her direction and appeared to hang on every word. Miss Hearst burst into tears only moments into her testimony as she told of being dragged into the darkness of the radical underground, where she was locked blindfolded in a padded closet for weeks. She recalled her dreaded captor, Field Marshal Cinque of the Trustees back stand on minority hiring Venue change sought by Botham's lawyers peatedly said he didnt want any part of the proposal. Wilson reiterated the point Friday, saying he had no intentions of agreeing to Browns offer after hearing it.

He said Deavens was a friend whom he mentioned to City Personnel Director Pat Bittle in 1973 when she asked him if he knew of any minorities qualified for police work. Both Wilson and Deavens are black. No connection Deavens testified he had no financial connection to the bar enterprise. Also appearing were Grand Junction Police Lt. Ron Smith and local state liquor inspector James Gilliam.

Smith said he gave the city council a good character recommendation on Wilson in December 1974 before it approved his liquor license application. He also explained the transcript was as accurate as possible, with some blank spots in it caused when the conversation proved unintelligible and the television was louder than the voices. Chris Elipolus, representing the department of revenue, said the decision should turn on the transcript since it proves the room occupants were discussing engaging in illegal acts. Penfield Tate, Wilsons attorney, ended the hearing by saying the transcript should have no bearing on Dolans decision because nothing came of the conversation and because of Wilsons stand against the deal Brown brought up in his undercover role. He said the decision should be based on the fact that prior to the attempt to set up Wilsons friend, Deavens, there had never been any cause for denying the application.

Definitely illegal Tate noted that the acts talked of on the tape were definitely illegal, but that they were brought up by the state-by lets craftsman Gallery, at 1055 Main, Brown (Wilson) ought not to be pe- and The String Shed, 313 N. Seventh, nalized because somebody thought that Should the lab tests prove the pres-his friend was dealing dope. enee of anthrax spores, the Dept, will Dolan said he hopes to have time to destroy the yarn by whatever means come to a decision soon. Just how soon state recommends, depends on the work he has to do now The yarn, made of animal fibers, is that the state legislature is in session. imported from Pakistan by Tahki Im- Related story on page 11) porta of Teaneck, Y.

Yarn held during lab examinations Fifty-two balls of yam suspected of possible anthrax contamination will be held in tight security at the Mesa County Health awaiting results of lab cultures being conducted at the State Health Dept, in Denver. Dr. Warren Jacobson said only four skeins of the suspect yam are unaccounted for by the two Mesa County out- University of Southern Colorado president Harry P. Bowes said in Grand Junction Friday that the Pueblo college will not reserve any staff positions for certain minority groups. Dr.

Bowes made the comment at the afternoon meeting of the Board of Trustees of State Colleges. which was holding the first meeting of a two-day series at Mesa College. To do so would violate both the spirit and the letter of the laws governing affirmative action, Dr. Bowes said. The university will never allow itself to be forced into such a blatantly discriminatory practice.

Full support The universitys stand was given full support by the Board of Trustees, as to spirit and letter of the law," the trustees president, Avery Bice, said. The stand may bring some action from a group of Chicano representatives, who Indicated earlier they expect to be in the audience at the board's meeting today. At that meeting, recommendation is expected to be made by USC officials that Dr. Ken Bums be named vice president of student affairs. Dr.

Bums, who has been with University of Maine in a similar post, would be replacing a Chicano, who resigned to accept post in California with Gov. Jerry Brown. The contention, from Chicanes, has been that another Mexican-American should be named to the post. A Chicano student group claimed that the university was in non compliance, with its affirmative action program, as it pertained to the hiring of Chicano staff members. Dr.

Bowes told the trustees Friday that in 1975-76, there were.31 Spanish-sumamed employes under contract, and a total of 45 minorities under contract. He said that, from July 1974 to the present 44 per cent of vacant positions have been filled by minorities, including women. Poor position Dr. Bowes also said that the college is in a poor position to retain contract employes, because salaries are well below the national and state average at USC. In other business on a lengthy agenda, the board recommended that the Mesa College fulltime equivalent student enrollment for 1976-77 be raised to 3,250 students.

This is an increase of 110 over present estimates and would mean some increase in state funding, if the Joint Budget Committee accepts it. The board also changed its projection of Mesa College from a total 2,500 students to a total 2.930 students for 1975-76. The change has no standing other than being a foot in the door" if there should be some supplemental appropriations for state colleges between now and July 1. Such an action is extremely unlikely, however. i by newspapers, radio and television stations, stressing the sensational nature of the offenses charged against Botham.

An interview with the defendant, prior to the time he was charged with the action. It was published in a newspaper. Widespread publicity which was highly prejudicial to the defendant. Extensively reported Publication and airing of a large portion of the affidavit filed in county court, on which an arrest warrant was issued. The contents were "extensively reported, despite certain allegations that were false and others which were not within the knowledge of the person executing the affidavit, the two publici defenders charged.

Publicity in all media on the preliminary hearing tor probable cause. Other homicides in Mesa County before and since the Aug. 23 murders, which "served to frighten, excite and enflame residents of this county and surrounding counties. Foreman and Emerson contended in their motion that the defendant believes and alleges that he will be unable to get a fair trial in Mesa County because of the reasons cited. Citing widespread and massive publicity, two members of the Colorado Public Defenders office filed a written motion for a change of venue late Friday in the murder trial of Kenneth Botham Jr.

Dep. State Public Defender Lee D. Foreman of Denver and Robert B. Emerson, Mesa County public defender, entered the motion in Mesa County Dist. Court just as it was closing for a long holiday weekend at 5 p.m.

Friday. Hearing set March 5 The motion will be argued at a 1.30 p.m. hearing on March 5 before Dist. Judge William Ela. Botham, 27, is charged with the murders last Aug.

23 of his wife, Patricia, and their neighbors, Mrs. Linda Miracle, and her sons, Troy and Chad. The bodies were later found in the Gunnison River. Accompanying the motion for change of venue were 12 affidavits to back up the public defender's claim that Botham cannot get a fair trial in Mesa County. In the motion, the following reasons were given for a change in location of the trial to somewhere outside Mesa County: Widespread and massive publicity if.