The Spokesman-Review from Spokane, Washington • 2

of clleanu hiifltiaflvc Associated Press OLYMPIA Backers of an initiative measure to require and help pay for state hazardous waste cleanup urged legislators Monday to pass the proposal. But backers of a law hastily passed in a quick special session last autumn in an attempt to head off the initiative didn't even bother to appear to oppose the initiative proposal. The law is likely to end up on the November ballot along with Initiative Measure 97, as a legislative alternative, if legislators even bother with an alternative. During Monday's Ways and Means Committee ing on the initiative, several committee members who were on the bipartisan task force that negotiated the provisions of last October's law sniped at the initiative backers. The law's tax on producers of polluting materials, primarily petroleum products, provided exemptions which mean the tax will raise some 920 million a year less than the tax envisioned under the initiative proposal.

plete cleanup would be left to the state, he said. A reserve fund to clean up sites where early cleanups have failed is insufficient and will require the state to dip into general fund income, he said. Jim Williams, representing the Association of Washington Counties, said county governments also fear money for them to clean up landfills will be insuffident. Studies project the cost to local governments for landfills to meet new anti-pollution standards will run between WO million and $1.1 billion statewide in the next 20 years, and that doesn't include the cost of land or incineration or the cost of cleanup of old landfills, Williams said. "That's a staggering cost to ask garbage ratepayers to bear," he said.

Old landfill cleanup costs are estimated at 2250 million, and that's what local governments need help from the state and its superfund for, Williams said. Rep. Lorraine Hine, D-Des Moines, a member of last summer's task force which developed the law, some times sharply questioned initiative backers. "I think we need to explore one statement that is made over and over again that I think is unsettling because it is not accurate and is not fair," she told Nancy Pearson of the League of Women Voters, which backs the initiative measure. The statement that the law, rather than the initiative, will lead to cleanup at public, instead of polluter expense, "is absolutely inaccurate," Hine said.

"Most of the money that is collected comes from the polluters," she said. "That money is going to go out from either the task force or the initiative proposal." "We feel the public will end up bearing the longterm costs (under the law)," said Pearson. The initiative, which Secretary of State Ralph Munro said is certain to be certified, was directed at the Legislature, which can pass it, or do nothing, allowing It to go to the ballot, or it can send it to the ballot with an alternative. If there is an alternative, it's likely to be last year's law, which was pushed hard by businesses affected by future cleanups. Both Initiative Measure 97 and a similar law are likely to end up on the November ballot.

Those exemptions, and law provisions that would exempt toxic-site creators from future lawsuits, will create more costs than polluter taxes will pay for, said Rep. Jolene Unsoeld, D-Olympia, one of the initiative sponsors. "We think initial cleanups will fail, as that has been the experience in other states and with the federal law," said Bruce Wishart of the Sierra Club. That means the public, instead of the polluters, will end up picking up the costs, he said. Unlike the initiative proposal, which has tougher provisions for cleanup and for agreeing not to sue for later cleanups, the law actually would encourage polluters not to do a complete job, said Wishart.

Since the state couldn't reopen the case, the incom ackers urge passa 10) TUESDAY, JAN. 26, 1988 PAGE B1 TilE SPDXESMAN-REVIEW BUSINOENE13 OMORMIr Evans trial is delayed by appeal Prosecutor wants deputy to testify 9e I 4. rif 4, 4, 1,. i.k No. 1, ,14, I A I 1 1 ,,,,1 of.

I i 'it :5 i' 's 4 3 A t4. i 4-, ,0 I i i I 't 2 te) ,,1.,. 1 Staff photo by KIT KING Defendant Mike Wyche's puppetry in motion sways jurors at the Public Safety Building Monday afternoon. Fuzzy bear more than match for tough officer Art Kathman, a strapping 20-year puppet act. Jalovi is no doubt wondering teran of the Spokane Police Department, what great sin he committed that put him in a scowl that would wilt foliage.

charge of prosecuting this nutso case for the veteran of the Spokane-Police Department, what great sin he committed that put him in wears a scowl that would wilt foliage. charge of prosecuting this nutso case for the Call him crazy, but Wyche likes to drive around with Lucy on his arm, be-bopping the exuberant puppet out the window at passing motorists. It all began last July when Wyche was given the stuffed toy as a present for his 40th birthday. The pair have been inseparable buddies ever since, performing at restaurants, nursing homes and hospitals. Lucy, Wyche says, can't help herself.

She enjoys waving at children and having a great old time. "I'm an artist," he explains to the jury. "Some people say artists are a little off center. But I enjoy watching people smile. Too much of life is serious.

Lucy makes people laugh." Maybe so. But Art Kathman is the kind of no-nonsense cop who doesn't tolerate any of that stuff while he's on duty. Wyche's car was not out of control. The man had committed no driving infraction, but Officer Kathman gave him a $129 negligent-driving ticket anyway. Just for having a puppet on his arm.

That made Wyche sore and determined to fight. He enlisted the help of Cartwright, who declined a fee, and vowed to beat the city and vindicate Lucy. "Ladies and gentlemen," Cartwright tells the jury. "This is real. This isn't the People's This isn't 'Candid This isn't the 'Twilight "This man is being charged with a crime.

The crime of trying to make people happy." If Wyche is guilty of anything, says Cartwright, it is the rare and incurable Ricky Ricardo Disease. "Mr. Wyche loves Lucy." So, apparently, does the jury. More than a few jurors stifle snickers as Officer Kathman attempts his one-man performance under Cartwright's tutelage. Holding Lucy out from his body, Officer Kathman begins a stiff simulation of the heinous crime he thought deserved a negligent-driving ticket.

"Uh, the bear itself was bouncing around," he says. "Up and down, doing all manner of gyrating." Officer Kathman looks em-bearassed and stops his act. "The problem is I'm not an adept puppeteer," he confesses. No objections are raised to that observation. But in the skilled hand of Mike Wyche, Lucy is puppetry in motion.

They're arguably the best dance team since Fred and Ginger. A little offbeat, perhaps, but noble in purpose. "Even most of the cops appreciate her," Wyche says. "In fact, many of the people we've driven by and waved to have been cops. And they all waved right back." Except Officer Kathman, who had to learn the hard way that even a dummy can have his day in court.

It is early Monday afternoon in city. Courtroom 5 of the Public But Jalovi's protestations fall upon a pair Safety Building and a of unconvinced ears. District Court Judge brooding Officer Kathman Daniel T. Maggs rules quickly that, finds himself sharing the unpleasant as it seems, Officer Kathman witness stand with an must become Spokane's Jim Henson in blue. unlikely companion.

4 71 Resigned to the task, the lawman obeys A 2-foot, 6-inch bear I the order. He grabs Lucy, indelicately flops puppet named Lucy. her upside down and lifts up her frilly blue Actually, Lucy is sitting and white dress. He sticks his left fist inside atop the podium, her cute the cuddly bruin and begins to explore the button eyes aimed great constitutional question that is really squarely at Officer DOUG at hand here. Kathman, who continues CLARK Does a citizen have the right to arm bears to scowl darkly.

while operating a motor vehicle within the It is obvious the man Columnist Spokane city limits? doesn't see anything at all lisollmonme After a day chock full of testimony and cute about Lucy, who has courtroom antics, a six-member jury been admitted as Exhibit in a bizarre answers with a resounding and unanimous negligent-driving trial that seems straight YES! Puppeteer Wyche is found not guilty from an episode of "Night Court." of negligent driving. "I would ask now that you would "This is wonderful," says Wyche, seconds demonstrate the motion you observed Mr. after hearing the verdict. "I think I can beal (Mike) Wyche doing with Lucy on the day with life again now that I've found out that you cited him," says a grinning Jarold the system really works." Cartwright, attorney for the defense. Last Sept.

22, 'Wyche wasn't so sure. That Cartwright is having a swell time. was the day Officer Kathman caught WychE Officer Kathman looks queasy. bear handed in a noon-hour bruin bust. "Your honor, I'm going to have to object!" At a stoplight on Maxwell, the patrolman utters Bob Jalovi, horrified at the prospect spotted Lucy twisting the day away to of his prize witness doing an impromptu strains of "Surfin' USA." city.

But Jalovi's protestations fall upon a pair of unconvinced ears. District Court Judge Daniel T. Maggs rules quickly that, unpleasant as it seems, Officer Kathman must become Spokane's Jim Henson in blue. Resigned to the task, the lawman obeys the order. He grabs Lucy, indelicately flops her upside down and lifts up her frilly blue and white dress.

He sticks his left fist inside the cuddly bruin and begins to explore the great constitutional question that is really at hand here. Does a citizen have the right to arm bears while operating a motor vehicle within the Spokane city limits? After a day chock full of testimony and courtroom antics, a six-member jury answers with a resounding and unanimous YES! Puppeteer Wyche is found not guilty of negligent driving. "This is wonderful," says Wyche, seconds after hearing the verdict. "I think I can bear with life again now that I've found out that the system really works." Last Sept. 22, Wyche wasn't so sure.

That was the day Officer Kathman caught Wyche bear handed in a noon-hour bruin bust. At a stoplight on Maxwell, the patrolman spotted Lucy twisting the day away to strains of "Surfin' USA." By Kim Crompton Staff writer The first-degree murder trial of Laurence Earl Evans scheduled to start Monday in Spokane County Superior Court, has been postponed another week. Judge Harold D. Clarke ordered the continuance the second this month to allow the prosecutor's office time to pursue an appeal of a crucial evidence suppression ruling. The judge earlier this month prohibited the testimony of a sheriff's deputy who claimed to have heard Evans make incriminating statements during a jailhouse phone conversation, apparently with his attorney.

Clarke ruled the deputy's actions violated attorney-client privilege and therefore his testimony should not be allowed. Evans, 32, is accused in the death of former Spokane resident Scott James Currier, 26. He previously was acquitted in Idaho of the death of Currier's girlfriend, Kimberly Palmer, 19. The Kootenai County sheriff's deputy said he heard Evans admit participating in the beating of Currier and assisting in the disposal of both bodies. The deputy said the incident occurred while he was using the jail's intercom system to listen to the television set in Evans' cell, which he could see through glass panels separating the control booth from the inmates' quarters.

Deputy Prosecutor Clark Colwell, contending Evans had no right to an expectation of privacy in the cell, appealed the judge's ruling prohibiting use of the deputy's testimony. But Appeals Court Commissioner Michael F. Keyes declined last week to grant Colwell's emergency motion for discretionary review. Keyes agreed with the ruling of the trial court judge, saying, "The eavesdropping, although initially inadvertent, is nonetheless an impermissible violation of Mr. Evans' (constitutional) right to counsel The latest continuance was granted after Colwell requested additional time so he could ask the three-judge appeals court panel to review Keyes decision.

Colwell argued in appeals court documents filed last week that the commissioner erred by preventing the state from "presenting this very important evidence that relates to the defendant's culpability as an accomplice to the murder." He said that "without such evidence, the state's chances of a conviction would be drastically affected." Idaho jurors who acquitted Evans of causing Palmer's death said afterward they did not believe he was innocent, but weren't convinced the crime was committed in Idaho. The bodies of Currier and Palmer were found in 1981 in a remote area south of Post Falls. Evans' alleged associates, motorcycle club members Donald Paradis and Thomas Gibson, were acquitted in Washington of Currier's murder. Both were convicted, however, by a Coeur d'Alene jury of killing Palmer and now are on Idaho's death row. Firefighters, district Sanity report stalls Hegge trial still at odds over suit The dispute over evaluation scores began in late 1985.

By Michael Murphey Staff writer A sanity commission report on whether Alvin Hegge is competent to assist in his defense was not ready Monday, forcing a delay of at least a week in his trial on a charge of second-degree murder. Over Hegge's objection, Spokane County Superior Court Judge John Schultheis delayed the trial until Feb. 1. It was to begin Monday. "We object to a continuance," said defense attorney Howard Delaney.

"Mr. Hegge said he is prepared to proceed to trial today." Hegge, 47, and Billy C. Mc Ewen, 51, are charged with second-degree murder in the 1983 shooting death of Spokane police Detective Brian Orchard. Prosecutor Donald Brockett charges that Hegge former president of the Ghost Riders Motorcycle Club and Mc Ewen helped plan and direct crimes that crucial to how the rest of the case proceeds. Despite extensive pretrial publicity here, Hegge insists he wants to be tried before a Spokane jury.

Lew Wilson, who represents Mc Ewen, is vigorously seeking a change of venue. Wilson also wants the trial postponed so his client's case can be adequately prepared. And he has asked Schultheis to allow Hegge and Mc Ewen to be tried separately. None of those motions can be decided until the competency issue is settled because a finding that Hegge is incompetent would lend weight to Wilson's motion for separate trials. Separate trials would make it easier to deal with Mc Ewen's change of venue and trial delay motions.

Schultheis said he will reveal the sanity commission findings Feb. 1. led to Orchard's death. Despite Delaney's repeated assertions that he can't be fully prepared for trial until June or July, Hegge has insisted on his right to a speedy trial. Originally set for October, the trial already has been delayed several times.

The delay issue is one of many points of disagreement between Delaney and Hegge. Hegge's attitudes and actions toward his attorney have been so divisive that earlier this month, Schultheis ordered a sanity commission to study whether Hegge is competent to assist in his defense. The commission's findings were to be available last week, but a written report has not been completed. Brockett told Schultheis he has received an oral report from the commission, but he would not say what the findings were. Findings of the commission are By Russell Caro llo Staff writer Spokane Valley firefighters say they won't take a $75,000 lawsuit settlement offer until fire district officials live up to a verbal out-ofcourt agreement.

Fire district officials had agreed to pay the money as part of an outof-court settlement with firefighters who claimed their former boss changed evaluation scores to block their promotions. In turn, the union agreed not to sue the department later over the evaluation scores. Union attorney Barry Ryan said district officials later asked for broader protection from litigation as part of the settlement, including signed agreements from individual firefighters. "That and some of the wording in their settlement is not consistent with what had been originally agreed to," Ryan said. Fire district attorney Richard Schroeder, however, said the disagreement between the union and the district is over drafts of settlement offers and not over a final offer.

"There has not been a chance to live up to the agreement because there has not been a final agreement drafted," Schroeder said. "Until the final agreement is drafted, I don't think there is any agreement to live up to or not live up to." Ryan said he sent district officials a letter telling them the settlement is off, and the union is prepared to take the matter to court again. "I just said, as far as we're con cerned, there is no offer," Ryan said. In response to his letter, Ryan said, Schroeder made a new offer, but that offer still is not identical to the original settlement. The dispute over the scores began in late 1985 when the union learned the evaluation scores of some firefighters had been changed.

After unsuccessful negotiations to settle the dispute, the district filed a lawsuit last February, asking Spokane County Superior Court for a declaratory Judgment. When the matter came to trial earlier this month, the district offered the union the money to settle the dispute. The money includes 111,500 in attorney fees and 160,000 to i 170,000 pay the union says nine firefighters would have received if the altered scores had not blocked their promotions. The settlement money was to be paid to the union, which would distribute it among the nine firefighters. The district argues that former Executive Director Dale R.

Haye had the authority to change the scores. If the dispute goes to trial, the district could be forced to pay additional attorney fees to the union. And if the matter is delayed, the amount owed to the firefighters by the district could increase. Family, friends still searching for Julie Weflen Fliers, posters and billboards with Julie Weflen's picture have been posted in the region and at police departments across the nation. The committee has distributed buttons bearing Weflen's face to keep the search in the public eye.

The group now is compiling articles and other information about the case and sending the packet to national news and talk shows. "We have to know where Julie is," said Lori Martin, a friend of the Weflens. "If she's all right but whoever has her won't let her go, we need to know that. "We know it's a possibility she's no longer alive, but there isn't proof of that, so we'll just continue to have faith." have no substantial clues that could lead to finding her. Since early October, Mike Wef len and a core of close friends, church members and BPA employees have continued the search, trying every option they can think of to reach the woman or her abductor.

The group, formed to spearhead the search, continues to cling to the hope that someone knows Weflen's whereabouts but hasn't come forward. "Nothing is unimportant," Weflen said. "I'm sure there is someone who knows something I just don't know anymore what I can say to convince them" to speak up. By Anne Windishar Staff writer Family and friends of Julie Weflen are continuing their search for the abducted Bonneville Power Administration employee by contacting national media, hoping their pleas reach the right ears. "I still feel the same as I did when Julie disappeared," Weflen's husband, Mike, said Monday.

"Until proven otherwise, I'll continue to believe she's tlive." The 25-year-old woman disappeared from a BPA substation northwest of Spokane last September. Spokane County sheriff's deputies conducted an extensive two-day search, but still 1.