The Brattleboro Reformer from Brattleboro, Vermont • 2

Page 2 ftrattleboro Reformer Friday, December 7, 1984 New England Conduct of two side judges challenged ultimately authorized a letter Bristow wrote to Billings offering to present arguments "on behalf of the assistant judges. The offer was declined, but a divided State Supreme Court eventually upheld the side judges decision and denied the joint appeal of defense lawyers and the prosecution. Although there was no direct testimony about Wheels alleged contact with Billings who left the high court this fall to accept an appointment to the federal bench the defense said she contacted him while the appeal was pending. It also said that Billings, in a conversation with Bristow, later characterized Wheels apparent overture as totally inappropriate. Neither Easton nor Wheel could be reached for comment; Eastons staff said he was out of state, and Wheel was not at Superior Court and had no listed home telephone number.

Bristow declined comment on his conversations with Wheel, but said the Attorney Generals office offered to file legal briefs supporting the side judges because of the constitutional issues involved. It was testing the constitutional side of the assistant judges, he said. News in Brief Mayor Sanders to run again BURLINGTON (UPI) Bernard Sanders, a socialist who rocked the political establishment in 1981 with a 10-vote victory over then-Mayor Gordon Paquette, says he is a candidate for a third term as mayor of Vermonts largest city. Sanders confirmed Wednesday that he will seek re-election, but declined to elaborate. He was to meet with reporters Friday to discuss his campaign.

Sanders enters the race as the favorite; so far, his announced challengers include Republican Alderwoman Diane Gallagher and independents Richard SartelJe and John Tatro. Sanders, who campaigns as an independent, last year fended off challenges from both the Republican and Democratic parties to win re-election. He said several weeks ago he was considering not seeking a third term. Burlington Electric Dept, faces cash flow problems BURLINGTON (UPI) The Burlington Electric Department has been beset by serious cash flow problems that could mean delays in paying its bills, says a BED spokeswoman. Diane Houle said the municipal electric utility faces a $3 million revenue shortfall because it has been unable to sell much of the power from its new wood-fired McNeil generating station.

The department haes from the rate hike would not reach the BED until late February at the earliest. Meanwhile, Houle said Wednesday, a $700,000 bond payment is due this month. She said there is a possibility paychecks could be delayed to some of the departments 140 employees. which they had presided, they also used political threats against the attorney general in their attempts to do so, Gaston wrote. He based the allegation on sworn statements by both Easton who ran unsuccessfully for governor this year and former Deputy Attorney General Charles Bristow, who currently is Public Safety commissioner.

She (Wheel) described the size of their organization of assistant judges and how all of the assistant judges felt very strongly about this principle and all these people could be very helpful to me, that she herself would like to help me in my political end, Easton said in the deposition. Bristow had a similar recollection. She did say something to the effect that the assistant judges association felt strongly about this issue, and that it would be clear as to those who were supporters of their position and as to those who were not, and that if John Easton didnt join there might be some possible political ramifications for him, Bristow testified. Although Easton refused to endorse or sign a brief filed on the side judges behalf, Gaston said in his motion that because of Wheels contact, the attorney general would have admitted to second degree murder in exchange for a 10-year to life sentence. The agreement was approved by the presiding, legally trained judge, but was rejected by Wheel and Delaney on grounds the sentencing provisions were too lenient.

The decision prompted an unusual high court appeal in which the prosecutor citing questionable evidence that might make it impossible to win a conviction on the original charge joined the defense in asking the justices to deny side judges the power to reject plea agreements. Defense lawyer Robert Gaston said in a motion this week Wheel was so determined to assure a decision favorable to the side judges she personally contacted then-Chief Justice Franklin Billings and also improperly attempted to elicit the support of Attorney General John Easton. The appeal was pending at a time when a series of high court rulings had restricted the authority of the lay judges who are elected to flank appointed, legally trained judges on the Superior Court bench. Not only did the assistant judges attempt to alter 6r undercut the position taken by a party in a case in By KEVIN GODDARD MONTPELIER, Vt. (UPI) A pair of non-lawyer side judges Used political threats and improper conduct in a bid to buttress their own controversial position after rejecting a plea deal in a Barre murder case, defense lawyers have alleged.

Lawyers for murder suspect Gordon Hunt filed court documents this week asking that Chittenden County Assistant Judges Jane Wheel and Charles Delaney be disqualified from the case for intolerable conduct while a pretrial ruling was being appealed to the state Supreme Court. They said Wheel lobbied on her own behalf while the appeal was pending, demonstrating such a personal interest in the outcome of the proceedings that the side judges will be unable to rule objectively as the case progresses. Since she was president of the Vermont Assistant Judges Association at the time, they said, her actions were conducted on behalf of other side judges, and both she and Delaney should be disqualified. Hunt is accused of first degree murder in what authorities have called the random killing of his neighbor in 1982, but an agreement was reached last year in which he Judd Gregg takes House Ways and Means seat )ONGRES Gregg, who holds a graduate degree in taxation from the Boston University Law School, said he will use his seat to try simplify the nations tax code and to make taxation more equitable. What I hope Im going to do is bring a rational New Hampshire voice to our tax system, he said.

Its about time we did that, considering the chaotic, complex array of tax structures we now have. Although he called Social Security off limits to any action, Gregg said he would consider legislation to restructure programs such as Medicare to reduce benefits for people who can afford to pay Its simply not reasonable that we should be subsidizing them, he said. Gregg attributed his appointment to his qualifications and track record, but said it came only after much lobbying in a selection process that heavily favors representatives from larger states. Gregg said his appointment, coupled with the seniority GOP Sens. Gordon Humphrey and Warren Rudman are developing in the Senate, will give the states congressional delegation the ability to impact all of the areas that might affect the people of New By DAVID SINGLETON CONCORD, N.H.

(UPI) Rep. Judd Gregg, said Thursday his appointment to the powerful House Ways and Means Committee will give him the opportunity to bring a rational New Hampshire voice to the nations tax system. Gregg, a third-term 2nd District congressman, from Greenville and the son of former Gov. Hugh Gregg, pulled what may the the biggest political coup of his career by taking on? of the 13 Republican seats on the 38-member panel. He is the first representative from New Hampshire appointed to Ways and Means since 1855, and the first GOP congressman from the state ever on the committee.

In addition, Gregg will be the first Republican from New England to serve on the committee since Rep. Antoni N. Sladak of Connecticut in 1959. I think its fair to say this is an extraordinary event and quite an amazing feat, Gregg said at a Statehouse news conference to announce his appointment. Gregg described the Ways and Means Committee, which has jurisdiction over all revenue and entitlement programs, as unquestionably the most powerful in Congress.

Lawyer may have fallen to death while eluding police HARDWICK (UPI) A Newport lawyer whose body was discovered beneath a railroad trestle may have fallen to his death while trying to elude police, an investigator has concluded. The body of David Lalime, 40, was found beneath a railroad trestle Nov. 23, five days after he was reported missing from a Craftsbury area deer camp. State police investigator Dennis Morel said Wednesday Lalime was about to be processed for possible drunken driving when he fled into the woods, apparently on the night of his death. He said a vehicle was stopped by Hardwick police for defective equipment, and that police suspected the driver was under the influence of alcohol.

But he said the driver who later was identified as Lalime fled into the woods and a search failed to locate him. Hopeful letter buyer accumulating funds MONTPELIER (UPI) A Montpelier man has already raised $12,000 in his drive to collect $18,000 to buy a letter George Washington wrote about Vermonts desire to become a state. The 201-year-old letter is to be sold at the world famous Christies auction house in New York on Dec. 14. David Kelley said he has been overwhelmed by the response to the fund-raising drive he launched to buy the sheet of Vermont history.

"Were two-thirds of the way there, Kelley said. I want to go all the way Whittaker to he honored for environmental work REP. JUDD GREGG Seabrook owner closes record financing MONTPELIER (UPI) Vermonts top state environmentalist is slated to be honored for his efforts to keep the state clean. Environmental Conservation Secretary Brendan Whittaker is one of 12 New Englanders who will receive th U.S. Environmental Protection Agencys Environmental Merit Award, officials said.

Whittaker was scheduled to accept the award next week at a ceremony in Massachusetts. Newly nominated EPA administrator Lee Thomas, who will take over when William Ruckleshaus retires in January, was expected to address the group. By RICHARD MARCH CONCORD, N.H. (UPI) The principal owner of the Seabrook nuclear plant Thursday closed an approximate $400 million debt sale billed as part of the largest rescue plan in nuclear power history. An additional $24.8 million is expected to be closed next week that will make the sale the largest public electric utility offering in U.S.

history, said Merrill Lynch executive Robert Hildreth, who underwrote the deal for Public Service Co. of New Hampshire. The previous largest offering was a $400 million bond sale by Pacific Gas and Electric earlier this year, Hildreth said in a telephone interview from New York, where the Public Service Co. sale was closed. Proceeds from the sale are expected to keep the utility New Hampshires largest solvent through 1986.

The utility had been near collapse since last spring because of its investment in Seabrook, which is seven years behind schedule and nearly $4 billion over initial projections. The utility is expected to sell another $730 million in debt next year as part of three-stage plan to finish Seabrooks first reactor, rated at 83 percent complete. The second reactor has been conditionally canceled. A $90 million financing for the utility last summer was the first stage of the rescue plan designed by Hildreth, who called the $425 million second stage a milestone. This represents a milestone in the largest rescue plan in nuclear power history, he said.

We believe we are THE BOOK CELLAR in the midst of a major turnaround for nuclear power. The deal was comprised of $130 million in units consisting of debentures purchased at 21 percent with warrants to buy common stock, plus the conversion of $90 million in notes sold last summer, adding up to $270 million for the utility. Everyone who had the $90 million tripled up, said Hildreth, whose firm will receive approximately $20 million in commissions. He said the conversion involved about 15 large institutional investors. Seabrook opponents had appealed the sale twice to the New Hampshire Supreme Court, claiming electric customers would evenutally pay the high interest costs through huge rate increases.

The deal was overturned in September, but justices upheld it last week. Regulator hearings are currently underway in New Hampshire to determine if Public Service Co. should be allowed to complete Seabrook I or if other energy alternatives would be more economical for electric customers. Highway death toll climbing MONTPELIER (UPI) The year is quickly coming to a close, and the 1984 highway death continues to run above last year's figures. Spokesmen for the Governors Highway Safety Program said Thursday 110 people were killed in the first 11 months of this year, compared to 84 deaths during the same period last year.

And, officials said over the last decade, an average of 10 people have died on Vermont roads during the final month of the year. They said alcohol remains a factor in more than half the 1984 fatal collisions. for Christmas BRATTLEBORO REFORMER Black Mountain O. Bo 802 Brattleboro, Vt. 05301, USPS No 063-tOO 802-254-2311 Published every day except Sunday and holidays SUBSCRIPTION RATES Single copy, store and vending 30 By earner, $1 .50 per week By motor route, $7.75 per month or $22 quarterly payable in advance.

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