The Brattleboro Reformer from Brattleboro, Vermont • 2

NEW ENGLAND 2 Brattleboro Reformer Thursday, January 7, 1999 N.H. legislature okays emergency school bill CONCORD, N.H. (AP) New Hampshire lawmakers embarked Wednesday on their historic effort to find a fairer way to pay for public education with emergency legislation to legalize spring school district meetings. We all need to recognize this is a very short term fix. It only addresses problems communities have in the next three months, House Finance Chairman Neal Kurk reminded the House.

Both houses easily passed the bill by voice vote. Gov. Jeanne Shaheen said Wednesday she will sign the bill. The school districts are out there worrying, said Senate President Clesson Blaisdell, D-Keene. We resolved it up until March 31st, but after that all hell could break loose.

The bill allows voters to approve next years school budgets this spring despite uncertainty over how theyll pay the bills. It doesnt solve the states education funding crisis, but makes it possible for voters to pass budgets with an unconstitutional tax system still in place. It also includes state loan guarantees to make it easier for the seven school districts that borrowed money in the first part of last year to borrow more now. Other communities that need to borrow money could apply to the state for similar help by showing a compelling need. The state estimates it will have to put $3 million in reserve to back the guarantees.

Finally, the bill authorizes the state to buy short-term construction loans coming due that school districts are unable to convert into long-term notes. The state already has bought $3 million in debt from Pittsburg and $6 million from Dover. State Treasurer Georgie Thomas says she wont be able to sell the notes until the state solves the education funding problem. Rep. Karen Hutchinson, R-Londonderry, urged the House to reject the bill and approve stronger, broader guarantees for school districts.

But Kurk said they wouldnt be necessary if the Legislature solves the funding crisis by April. If lawmakers fail to do so, the states problems will escalate, he said. We are responsible. We will solve Claremont. We wont let it drag on and have the potential horrors facing us, said Kurk, R-Weare.

Sen. Beverly Hollingworth emphasized that the bill does not protect communities past the state Supreme Courts April 1 deadline to implement a new school financing system. If we have not solved the problem, then everything goes out the window, said Hollingworth, D-Hampton. In her opening remarks, House Speaker Donna Sytek reminded representatives that solving the education financing crisis overshadows all the rest of the issues facing them this year. As the millennium approaches, she urged them to take note of those who governed in the past.

It is our turn to determine the legacy we leave our children and grandchildren, she said. The House will begin hearings on education financing bills the week of Jan. 18. APBooton Globe MILLION DOLLAR BLAZE Boston firefighters raise a hose in front of a burning warehouse in Dorchester on Tuesday. The fire snarled evening rush-hour traffic and caused a threfe-hour delay in subway service The cause of the fire, which caused $1 million in damage, is under investigation.

Court hears Douglas divorce case Court to decide winner in battle of the cattle CONCORD, N.H. (AP) The New Hampshire Supreme Court is deckling whether Henniker or the owner of three cows should pay for their upkeep when the cattle were held during a police investigation. The appeal before the court Tuesday culminated a two-year battle. Hie animals owner, Carl Houghton of New Boston, claims the town is responsible for the cost of care. The cows were taken into custody when an animal control officer kept them as evidence in an unsuccessful criminal prosecution for animal cruelty.

In August 1997, Concord District Court ordered Houghton to pay the boarding fees, after which Henniker was to deliver the animals to him. Houghton appealed to the Supreme Court. The state cannot shift the cost of prosecution (onto the defendant), said Houghtons lawyer, Michael Sheehan. Sheehan likened Hennikers request for reimbursement to putting a suspect in jail, and wten his case was dismissed, charging him room and board before releasing him. Henniker responded that the cattle were emaciated and sick when they were found and were taken under a state statute that provides for protective custody.

Now they are healthy and valuable. To hand them over to Houghton without reimbursement would enrich him unjustly, since he would have had to spend a similar amount of money to bring them back to health, said David Hess, Hennikers lawyer. Without the towns action the cattle would have died, the fate of two other animals found with them, Hess said. The tale of Houghtons cattle dates to January 1997, when Walter Crane, Hennikers animal control officer, got a tip they were in the woods without food or shelter. Crane wrote in his original affidavit that two were dead and three others were lethargic and had no food, water or shelter.

They had eaten the bark on the fence posts that held up their barbed wire enclosure, Crane wrote. Since then the cows have lived at the Spring Meadow Animal Shelter in Hillsboro, which Crane owns and operates. Autopsies on the dead animals indicated they died of malnutrition, worms and dehydration. Houghton was charged with five counts of animal cruelty, which he denied. Ultimately, the case was dismissed on grounds that Cranes initial visit to Houghtons property constituted unintentional trespass.

Slain doctors wife to plead innocent BANGOR, Maine (AP) The wife of a pediatric neurologist who was shot to death two years ago in his garage will plead innocent to murdering him when she is arraigned, her lawyer said. Geraldine Malmstroms lawyer said he has discussed the indictment with his client but she declined to elaborate. There has been no date set for a hearing in Penobscot County Superior Court. Malmstroms husband, Dr. John Malmstrom, suffered five gunshot wounds to the head and neck on Jan.

24, 1997. Geraldine Malmstrom retaihed a lawyer and refused to cooperate with law enforcement authorities after investigators initially interviewed her immediately after her husbands death. Defense lawyer George Singal sc id his client had nothing more to say. The victims mother, Anne Malmstrom of New Mexico, said her. daughter-in-law did not like the way police treated her.

It was unclear whether Geraldine Malmstrom would be arrested. Authorities declined to publicly acknowledge the secret indictment that was handed up by grand jurors Monday evening. to be there in person the whole time. Nobody reached me by telephone to tell me Coffey had disqualified Boudette and was about to default her, Caroline Douglas said. So you werent available, Horton snapped.

Why couldnt they reach you? But Justice Stephen Thayer said Coffey could have imposed less serious sanctions on Caroline Douglas without denying her a trial. And Horton indicated that even if the default was proper, Caroline Douglas still might be entitled to a hearing on the financial issues. Justice William Johnson questioned why Coffey allowed Boudette to argue a motion in the first place if he wasnt qualified to represent his sister. If a person who stands up to argue has no business arguing, the trial court should say, sit down, said Johnson, a veteran trial judge who replaced Chuck Douglas on the court in the early 1980s. Caroline Douglas said Coffey disqualified her brother because he argued the judge was biased and should step down.

It was only an act of retaliation, she said. But Chuck Douglas argued other judges would have defaulted his wife instantly for failing to show up, and that Coffey showed remarkable patience, delaying hearings on the evidence to give Caroline a chance to appear. Chief Justice David Brock, who served with Chuck Douglas on the court, excused himself from hearing the case. CONCORD, N.H. (AP) The state Supreme Court chamber looked like a wedding in reverse Wednesday, with supporters of former congressman Chuck Douglas on one side of the aisle, the friends of his estranged wife, Caroline, on the other, and the combatants facing off up front.

For the second time since Chuck Douglas served as a justice on the court, he appeared before it in one of his divorces. Last time, Caroline Douglas argued on his behalf that the records in a previous divorce should remain sealed. This time, his former law partner wife No. 4 argued against him, and the justices peppered both with sharp questions and comments. Caroline Douglas seeks a divorce trial in front of a new judge.

She argued that Judge Patricia Coffey violated her constitutional rights by disqualifying her brother from representing her, then aborting the original trial and giving Chuck the win by default. Chuck Douglas argued against a new trial, saying Caroline Douglas failed to show up for the first trial on Sept. 15, 1997. You Cant give her a chance to put on her case all over again when she didnt show up, Chuck Douglas said. But there was no chance for Mrs.

Douglas to address the issue of remedy after Coffey disqualified her brother, Justice Sherman Horton said. Sure there was, Chuck Douglas responded. You show up -thats what the rest of us mortals do." Caroline Douglas didnt appear in Rockingham County Superior Court the morning her divorce trial began. Instead she sent her brother, a paralegal, to represent her, believing she was not required to attend the entire trial in person. Coffey had allowed the brother, Greg Boudette, to represent Caroline Douglas at an earlier hearing, and the judge allowed him to argue one motion that morning.

Boudette argued Coffey should step down from the case because she had displayed a pattern of bias against his sister. After a short recess, Coffey rejected the motion and said Caroline Douglas had failed to file the correct paperwork allowing her brother to represent her. Coffey then disqualified Boudette, and when Caroline Douglas still hadnt shown up or called an hour later, the judge granted Chuck Douglas the divorce by default. As a result, Caroline Douglas was unable to introduce her evidence about how the couples financial assets should be split. A few days later, Coffey gave Chuck Douglas most of the money and property he sought.

Caroline Douglas appealed, saying she was not given a reasonable amount of time either to file the correct paperwork on her brother or drive down from Concord and represent herself. Coffey had notified everyone the lawyers and the Douglases had to be available for trial that day. But Caroline Douglas said in civil cases, the parties are not required Man serving life term seeks new murder trial CONCORD, N.H. (AP) A Nashua man convicted in the 1995 murders of two elderly sisters says he should get a new trial because evidence used against him shouldnt have been. Charles Dorval, 24, was convicted and sentenced to life in prison without parole in July 1997 for killing Loretta Allen, 76, of Hudson.

Dorvals housemate, Jerry Millard, 23, was accused of killing Allens sister, Dorris Bean, 81. Dorvals lawyer, Dennis Pizzimenti of Concord, argued Tuesday in the state Supreme Court a confession made to a jailhouse informant should not have been used. Prosecutors had argued that Dorval and Millard killed the women while burglarizing their home in Hudson to find money to buy crack cocaine on Nov. 11, 1995. Dorval and Millard had done yard work for the victims.

The women were found beaten to death at the home they shared. State police spoke with Dorval in February 1996 at the county jail, where he was being held on an unrelated charge. Dorval refused to answer questions, saying he wanted to consult his lawyer. He then returned to his cell, where he later confessed to his' cellmate, a jailhouse informant wearing a body wire. Dorval and Millard were arrested, but prosecutors had little evidence linking either man to the murders.

Charges against Millard were dropped shortly after Dorvals trial. Pizzimenti argued that Dorval had asserted his right to remain silent and consult a lawyer. Police shouldnt have been allowed to use the informant to question him further, he said. Senior Assistant Attorney General Janice Rundles said Dorval had not been charged with the murders and was not in custody in relation to the case. Therefore, he had no constitutional right to a lawyer.

Dorval also says statements of a witness were wrongly kept out of his trial. John Heinemann, 23, of Nashua, gave police a detailed, accurate account of the murders 10 days afterward. Heinemann had been ruled out as a suspect because he was working on a roofing job in Massachusetts at the time of the murders, but Dorvals lawyers had argued that Heinemann must have been involved. Heinemann denied the allegations, saying he heard of the murders from psychic visions, his mother, brother, Millard, Dorval and another man. Jurors were told of Heinemanns statements to police, but not in detail.

Rundles said Pizzimenti could have called Heinemann to testify, but Pizzimenti said he chose not to because he worried that Heinemann would appear unreliable. City, company reach tentative settlement BERLIN, N.H. (AP) The mayor said the city has reached a tentative settlement of its long-running property tax dispute with Crown Vantage, the citys largest employer. There is a certain amount of relief that is felt on both sides," said Mayor Richard Huot. Its a huge cloud lifted over the city.

The dispute over whether the city could assess property taxes on tanks, boilers, pipelines and other fixed equipment at Crown Vantages pulp mill and hydroelectric dams began in 1993 and went all the way to the state Supreme Court. A year ago, the court ruled in Crown Vantages favor, saying factory equipment is exempt from local property taxes. The case was sent back to the lower court for resolution of the propertys taxable value. Huot would not disclose the financial details of the settlement, which he said had been negotiated by a committee. The deal still must be finalized by lawyers and approved by the city council, he said.

The dispute arose when Berlin raised Crown Vantages assessed property value from $47 million in 1992 to $153 million in 1994. A Coos County Superior Court judge ruled in 19 the city could assess property taxes on fixtures with no moving parts, because they were not machinery as defined by New Hampshire tax laws. Crown Vantage appealed. The Business and Industry Association supported the companys appeal, saying Berlins method of taxation, if widely adopted, could drive manufacturers out of the state. The Municipal Association supported Berlins viewpoint.

The high court ruled against the city. The eburt noted that the Legislature imposed the business profits tax in 1970 to replace the tax on factory machinery. LOTTERY 'M, 1st A WEDNESDAY Tri-State 7-4-4 9-1-0-8 Megabucks 9-11-14-36-41-42 (34) Mass. 9-7-6-8 Megabucks 3-29-30-34-38-40 Cash 4 Life 32-43-6900 Powerball- 2-9-13-16-44(36) DEBORAH LOWERY, M.A. Psychotherapy FOR Indiuiduals 8c Couples jSrattlcboro jRcformer Community Events A MediaNews Group Newspaper Published mornings Monday through Saturday by: NEW ENGLAND NEWSPAPERS INC.

Black Mountain Road, P.O. Bos 802 Brattleboro, Vermont 05302-0602 "News to start your day Printed using recycled newsprint. Please recycle this newspaper. PHONE NUMBERS: SUBSCRIPTION RATES: Yes! You Can Apply for Financial Aid CC BIRTHDAYS William Peter Blatty it 71. Paul Revere is 57.

Kenny Logginsn51. Sammo Hung is 47. Katie Couric it 42. David Lee Murphy is 40. Kathy Valentine is 40.

Nicolas Cage is 35. Doug E. Doug is 29. Dustin Diamond is 22. Mart lilt Mtaaiaa wttt i birthday or anahreiury mintlo al immm you too.

Uai matron it only JS. Pholt mention It $11. Pttata tint intimation ant payment to: trattlakori Relormer. P.D lot 802. SrattMaro.

Vt. 15312. it that It It retained two 4a yo baton mo octette Plant letleli a telFeddresstd tlamptd sevtloee It yon witb yoar shots THE TOWN OF VERNON is looking for volunteers to serve in the following capacities RECREATION BOARD MEMBER (1) position to fill an unexpired term ELDERLY ASSISTANCE BOARD (1) position NEWSPAPER COMMITTEE (2) positions If you are interested, please contact THE BOARD OF SELECTMEN 567 GOVERNOR HUNT ROAD VERNON, VT. 05354 Prior to Monday, January 18 Thoughtful Analytical 4 Holistic Caring 4 Center for Personal Growth Ingenuity Bldg. Putney Road (802) 257-5651 All Departments: 802-254-2311 Fax: 802-257-1305 VTNH Toll-Free: 809649-2311 Voca iMugM nay be tor wyona 24 Kan a 0.

7 days aaato Community College of Vermont All charge orders must be paid within IS days. Certain restrictions apply to charge orders. USPS No 043400 Second dau peasant paid at BnUabwo, Veanort 06302. Potkramr Sand addraaa ctagaa id Bradlataro Ratormar P.0 Bo KJ2. BrodbPoro.

Varmonl 06302-0102 Community College of Vermont Call for an appointment today, 254-6370. QrcuWon cuatomar aervtca is vaaaiaa 7 am to 5 pm Monday through Friday and 7 to 10 am on Satorday. I you do no) racarra your paper, pteasa cal 802254-2311 (Ext 113 alter hours). Al ttortaing autpd approval Tha putotm roaarvw rigN rajad mm or cancal any acfcartMmani al any tma. and accaptanca of copy or prapaymanl doaa not onpty agroaroart puttah NEWS TIPS are always welcome at the Reformer.

Call 1-800-649-2311 anytime. space provided by First Vermont Bank Member, Audit Bureau Circulations.