The Spokesman-Review from Spokane, Washington • 8

Page B2 Wednesday, October 2, 2002 The Spokesman-Review REGION REGIONAL NEWS ates judge wont instruct jury on mercy, sympathy Associated Press Montana, are members of the Lewis and Clark Trail I Ieritage Foundation and have accompanied historian Stephen Ambrose on his Missouri River travels. These programs are made possible by a grant from the Idaho I lumanities Council. For more information, call the library at 773-1506. Two Idaho students have viral meningitis Two University of Idaho students were recently diagnosed with viral meningitis, a less contagious, milder form of the disease that struck three Washington State University students in Pullman last year. The students, both men who live off campus, sought treatment and were diagnosed separately.

Their friends, family and roommates wont be required to take medication, said Dr. Bill Caldwell at UIs Student Health Services. Viral meningitis, which is a fairly common disease, can be caused by intestinal viruses. It most often occurs in children and usually resolves without specific treatment. Symptoms can include fever, a stiff neck and fatigue.

A rash or sore throat also can occur. Public invited to state candidates reception Post Falls Democratic state Senate candidate Wally Wright is having an open house Saturday at his Post Falls home. The $15 reception is from 3 to 6 p.m. and includes a silent auction and hors doeuvres. The public is invited.

For more information or to RSVP call, 773-1033. Man sues police after his arrest CoeurdAlene A Hayden Lake man is suing the Post Falls Police Department, alleging negligence after he was arrested in December. Shawn T. Montee filed a lawsuit in Kootenai County Court on Friday, asking for at least $25,000 in damages. In the suit, Montee alleges he was arrested by Post Falls police Officer Patrick Eismann on Dec.

1, 2001, for obstruction. Montee said he and another man were trying to help the victim of a car accident on Seltice Way. Montee also claims that Eismann used excessive force and that he therefore suffered emotional distress and mental and physical injury. In his suit, Montee did not specify his physical injuries. From staff reports Health workers sue over compensation Coeur dAlene Twelve environmental health workers sued the Panhandle Health District on Monday, saying they were not properly compensated.

The lawsuit alleges that district director Jeanne Bock reclassified the workers positions in May 2001, but failed to provide proper pay and benefits. John Magnuson, attorney for the workers, said his clients did not plan to walk out. These people are career employees, Magnuson said. They like their jobs. They just want to be compensated for them.

The lawsuit alleges that Bock, who replaced Kay Kindig on April 1, 2001, moved the workers into a higher pay scale but then failed to compensate them at the new rate. According to the complaint, other workers had their reclassifications postponed, denying them the higher pay and benefits. Bock was unavailable for comment. Libraiy presents series on regions explorers Post Falls Northwest history is coming to life at the Post Falls Library. Starting this month, the library will present a series of free programs about early British and American ventures into the Northwest.

Local actor Tim McNeil will portray Meriwether Lewis at 7 p.m. Oct. 17. 1 le will dress in period costumes and have replicas of the tools and supplies used by the Lewis and Clark expedition. Spokane author Jack Nisbet will discuss fur trader David Thompsons early visits to the area, including Post Falls and Spokane, on Oct.

24. Spokane Public Radio host Sara Edlin Marlowe will present her dramatic performance based on the life of Sacajawea Nov. 7. The final program is a visit from The runk Show, a nationally known representation of historically accurate replications of items used by the Corps of Discovery. Lewis and Clark experts George Knapp and Chuck Sundstrom will dress in uniforms and clothing of the period.

Knapp and Sundstrom, who live in solitary confinement cell and prayed and wept, Yates said in the letter. I used a half a roll of toilet paper to dry my tears. The old Robert Yates had died, and the new Robert Yates was born that day. As the letter video was played in the courtroom, the killers 72-year-old father wept and wiped tears from his eyes. Yates 1 1 -year-old son, Kyle, closed his eyes and rested his head on his mothers left shoulder as they sat in the courtroom.

Linda Yates, still wearing her wedding ring, whispered to her son, Its OK, honey. On the video, Attwood ends the rebounder program by telling his congregation: Can he be saved? Can he be forgiven? He can be forgiven, friends. Attwood later testified that after the Yates letter was read, 400 people came forward for an altar call to renew their Christian beliefs. McCombs, who visited Yates while he was in the Spokane jail, said he regularly receives letters about the scriptures from him. McCombs said he has shared letters Yates has written with Seventh-day Adventist congregations.

Has he ever expressed remorse for his crimes? Hunko asked the minister. Many times. Many times. In fact, every letter will have some mention of that, McCombs testified. Later, under questioning by prosecutor Barbara Corey-Boulet, the minister said he hasnt discussed with Yates the specifics of the 15 murders he committed.

The prosecutor also asked the minister why, if Yates confessed to God immediately after his arrest, didnt he tell the Melody Murfin family that her body was buried outside his bedroom window? The murder victims body wasnt recovered from Yates yard for six months, after he struck a plea bargain in Spokane to avoid the death penalty He said he told everything to his lawyers the first time he sat down with them, and the public defenders told Yates to keep his secrets with God, McCombs testified. Linda Yates, the wife of serial killer Robert Attwood during a break In the penalty phase victims, and you should not allow sympathy for the victims to influence your sentencing decision in any way. Still another defense instruction, tossed out by the judge, would have told the jurors that the death penalty must not be invoked in a spirit of vengeance or inflicted solely to exact retribution. For the first time, Yates wife, Linda, and his four daughters and son were in court Tuesday, sitting about 10 feet behind him on a second-row bench. Yates didnt appear to see them when he was first led into the courtroom, filled to capacity with extra folding chairs in the aisles.

But at the end of the day, when the jurors had left, he smiled broadly to his children and whispered to his attorney, Mary Kay High: Tell them that I love them, each one of them. Before the defense rested its case Tuesday, it called two ministers who told the jury that Yates has become something of a poster boy for reborn Christians. Pastor Kent Attwood, of the Church for All Nations in Parkwood, near Tacoma, and the Rev. Rick McCombs, who has Seventh-day Adventist congregations in Deer Park and Chewelah, both testified. Deliberations should begin after closing arguments today By Bill Morlin Staff water TACOMA The jury deciding whether serial killer Robert L.

Yates Jr. lives or dies should begin its deliberations today without being given instructions on sympathy or mercy. Deliberations likely will begin this afternoon, after the jury and the public hear an apology and plea for mercy this morning from Yates and closing arguments from attorneys. Yates had been expected to address jurors Tuesday, but Pierce County Superior Court Judge John McCarthy decided instead to focus on jury instructions. Prosecutors want the jury to sentence Yates to death for 15 murders, while the defense hopes to convince jurors to let the 50-year-old military veteran die in state prison.

The 12-member jury must decide unanimously for the death penalty or Yates automatically receives life in prison without parole. Defense attorneys Roger Hunko and Mary Kay High argued unsuc- cessfully Tuesday that instructions on mercy and sympathy be included in the written jury instructions. But prosecutors Barbara Corey-Boulet and Jerry Costello balked. If the defense has a definition for mercy, the state wants an instruction defining words like justice, Corey-Boulet said. After 90 minutes of courtroom argument, McCarthy agreed, declining to include instructions describing mercy and sympathy for the jury.

After the ruling, Hunko put his formal objection on the trial record, laying the legal groundwork for an appeal to the state Supreme Court, if Yates is sentenced to death. The defense proposed a jury instruction that said: Mercy is a disposition to show kindness or compassion, to show kindness in excess of what may be expected or demanded by fairness. Another proposed defense instruc-, tion told the jurors: Your decision regarding the appropriate sentence may not be based on sympathy for the Fleeing guards, A man who allegedly tried to run from NorthTown security guards only to run right into the mall office had his secret revealed, police said. And it was Victorias Secret. 1 Spokane police say a man I identified as Colombian national Daniel O.

Ramirez-Robayo, 28, had $4,500 worth of sexy lingerie in a rented van when he was caught Sept. I 20 at NorthTown Mall. A police report says workers at a IDAHO RECORDS POLICE BLOTTER COEUR DALENE POLICE Tim McCall, employee of Rainbow Towing, reported Monday the $220 theft of a flashlight and CB radio and $150 damage to a window of a 1971 Chevroletvan while itwas parked at the business at 3370 Atlas Road. Bradley Ban reported Monday the $624 theft of stereo speakers and a gear-shift knob from a 1 995 Nissan pickup while it was parked at his home on the 5700 block of Loraine Avenue. Wes McClain, owner of CTire, reported Monday $300 damage to five tires on vehicles parked at the business at 1 145 N.

Fourth St. Christine Sandlin reported Sunday the $845 theft of a CD player and numerous compact discs and $1 75 damage to the window and interior door panel of her 1985 Honda Accord while it was parked on the 500 block of Walnut Avenue. Philip Remus reported Monday the $880 theft of numerous compact discs, a Bible, first-aid kit, and numerous other items from his 1 989 Nissan while it was parked at Sunset Bowling Center, 202 Sunset. Charles Kelson reported Monday the $1,000 theft of a 1986 Pontiac 600 from his home on the 1000 block of East Forest Park Lane. KOOTENAI COUNTY SHERIFF Patrick Irwin, Athol, reported Monday the $400 theft of a 9 mm handgun from his home on the 2700 block of Brunner Road.

I Daniel Yeatts, Spokane, reported Monday $2,954 damage to the windows, walls, shelves, appliances, electronics, doors and miscellaneous items at the old Super Grocery Store at 29801 North S. Highway 95 and Meuser Road in i Athol. news of record SHOSHONE COUNTY Civil complaints Coeur d'Alene Adjustment Bureau v. Cammy and Dennis Hood, seeking $1 ,686. Civil judgments Coeur d'Alene Adjustment Bureau Kenny and Tracy Meligan, award of $4,575.

Civil dismissals suspected lingerie thief slips up Bill Morlin can be reached at (509) 459-5444 or by e-mail at billmspokesnnan.com ULPOJhACLC snow PLoViirtti! Plowing Sanding Deicing Haul Off Commercial Lots Walks Apartments Residential 247 SERVICE Sign up NOW for fast, dependable service. GALLOWAY SNOW PLOWING www.gallo-way.com A 535-9176 30 Years Experience Bonded Insured Yates speaks with clergyman Kent of Robert Yates' murder trial Tuesday. Attwood said he got a message from God one day that he should become Yates jailhouse minister in Pierce County. It blew me away that the Lord would want me to go see Robert Yates, Attwood testified. They now see each other weekly, and Yates has sent a dozen other criminals to the minister for religious counseling.

In March, Attwood testified, Yates wrote a letter that the minister read to his congregation at a rebounder program for youth and adults, to let people know that they can rebound and return to Christ. The minister then read from the letter on the video, quoting Yates: What did I do to miss my shot at life? I took the big shot and missed. I sought the pleasures of the world instead of the treasures of heaven. It seemed until I got arrested, I couldnt face God. I believe it was Gods plan for me to be arrested.

Yates said in his letter, which Attwood read in the video, that shortly after his arrest in Spokane in April 2000, he had a religious rebound in the Spokane County Jail. He got down on his knees in his where he was held for police. A search of his van, rented in Los Angeles, turned up large plastic bags stuffed with lingerie, police said. It is possible the items were destined for a West Coast shoplifting ring that sells lingerie on the Internet, police said. Ramirez-Robayo was booked into jail on suspicion of first-degree theft, and the Immigration and Naturalization Service is investigating his status.

Miguel R. Sanabria, 28, Kellogg, felony delivery of a controlled substance; $2,500 fine (suspended), two years determinate penitentiary time, five years indeterminate penitentiary time. Civil complaints Dawn Berkhousen v. Michael Walker, seeking an amount to be proved at trial. Ray Klein Inc.

v. Michael Mason, seeking $1,701. Ray Klein Inc. v. Staci Watson, seeking $1,163.

Les Schwab Tire Center v. Stacey Elixman, seeking $1,387. Kathleen Thorp v. Brenda Blackmer, seeking $1,860. North Idaho Credit Corp.

v. Carmen Wright, seeking $2,204. North Idaho Credit Corp. v. Erin Peters, seeking $1,060.

Mark's Marine Inc. v. Paul Matteucci, seeking an amount to be proved at trial. Ed Hale, Ken Babin, Chuck Anselmo. Rick Barlow, Loren "Ed" Braun, Robert Camp, Rob Eachon, Shawn Ellison, Jean Hughes, Dave Hysky, Mike Nelson, and Annette Duerockv.

Panhandle Health District, seeking an amount to be proved at trial. Shawn Montee v. City of Post Falls and the Post Falls City Police Department, seeking an amount to be proved at trial. Civil judgments East Idaho Financial Credit Union v. Richard Nelson and Sandy Nelson, award of $1 1 ,61 1.

ACS Inc. of Idaho v. Lori Sherman, award of $1,829. Coeurd'Alene Adjustment Bureau v. Jami Graham-Anderton, award of $4,668.

Civil dismissals William Bailey v. Tracy Singer. Robert Sherarv. John Putnam and Peter Willitts. Hamiller Homes v.

Cecil Anderson and Angie Anderson. Floyd Shaver v. Earl Hollingsworth. Carol Miras v. Tom Hogan and Washington Mutual Collection Department.

Earl Hollingsworth v. Floyd Shaver. Divorces sought Tracy James from Ralph James. Divorces granted Jeffrey Mader from Come Mader. Werner Krockmeyerfrom Irene Krockmeyer.

Darlene Hess from Robert Hess Jr. The Office of Insurance Commissioner announces a FunODDOtE RHeelLSirngj Regarding the Proposed Conversion Request of Premera Blue Cross 6 8 p.m. Wednesday, October 2, 2002 WestCoast Ridpath Hotel 515 W. Sprague Spokane This meeting is being held by Commissioner Kreidler to offer the public an opportunity to provide comments on Premera Blue Cross request to convert from a non-profit to a for-profit company. For more information, contact 350.

753.3110 NorthTown business became suspicious when a man entered the mall several times with a shopping bag that appeared to be empty when he arrived, and heavy when he left. Mall security officers questioned the man after he came out of Victorias Secret with bra and panty sets worth $1 16 and had no receipts. The man, identified as Ramirez-Robayo, tried to run from the guards but ran right into the mall office, Coeur Adjustment Bureau v. Merlyn and Sandra Chaffin. KOOTENAI COUNTY Criminal sentenclngs Judge Eugene Marano Eric F.

Simmons, 32, Coeur d'Alene; misdemeanor probation violation; 30 days in jail. Robert R. Rivera 20, CoeurdAlene; misdemeanor probation violation, 30 days in jail. Johanna M. O'Brien, 29, Rathdrum, misdemeanor probation violation; five days in jail.

Judge Scott Wayman Marty L. Tucker, 44, Hayden; driving under the influence (second offense), $1 ,000 fine ($500 suspended), one year driver's license suspension, one year in jail (307 days suspended), two years probation. Judge Benjamin Simpson Hal L. Moore, 47, Harrison, driving under the influence, $1 ,000 fine ($250 suspended), six months drivers license suspension, 1 80 days in jail (1 70 days suspended), two years probation. David J.

Brown, 38, Post Falls, driving under the influence; $500 fine, 90 days driver's license suspension, 30 days in jail (26 days suspended) or 1 6 hours county work program, two years probation. Judge Patrick McFadden Duane E. Samuels, 39, Plummer, misdemeanor probation violation; 2 1 days in jail. Timothy Charters, 47, Hope, Count driving under the influence (second offense); $1,000 fine ($750 suspended), one year drivers license suspension, one year in jail (272 days suspended), two years probation Count II. driving without privileges, $300 fine (suspended), six months driver's license suspension, 180 days in jail (176 days suspended), two years probation.

James M. Blake, 46, Post Falls, driving under the influence, $500 fine, three months drivers license suspension, 90 days in jail (88 days suspended), two years probation. Michael K. Saunders, 37, Coeurd'Alene; driving under the influence, 1 ,000 fine ($500 suspended), 90 days drivers license suspended, 1 80 days in jail 130 days suspended) or 80 hours county work program, two years probation. Judge Charles Hosack Dean A.

Stow, 34, Spokane, Count felony leaving the scene of an accidentfailure to render aid, one year determinate penitentiary time, three years indeterminate penitentiary time Count II; inattentivecare'ess driving, Jays in jail. Need direction? DISCOVER, EXPLORE THE INLAND NORTHWEST SPOKANE COEUR CTALENI SANOKMMT AND SURROUNOtNG AREAS Where to go and what to do this summer! Pick up your free copy of COMPASS at a location near you, or call for a complimentary. (509) 459-5095 or 1-800-338-8801 ext. 5095 In Print On The Web! Dont Miss It! www.NWCompassMag.com For advertising opportunities call (509) 459-5090.