Kenosha News Courier from Kenosha, Wisconsin • 4

I'JM KtMMhi News Courier Twidiy At R6 I88i If 5- 7 4 'I 1 1 rl 1 I tk Iv Judges hear request for Dalton retrial I ip I sT 6 I (M I A' i i 'r 9r 'I bivolvment in the 1979 murder of a teen-ager whose body was found In Antioch III should not have been allowed Evidence presented by the state on the kidnapping charge was merely a "thought in the back of mind" The evidence did not prove that Dalton deceived Penna into coming with him the to the house Testimony by Milwaukee psychiatrist Vincent Giannattaslo ruled inadmlssable "should have been argued Lukoff The testimony was to have centered on sexual deviance and psychopathic behavior It would have shown Dalton did not intend to kill Penna Lukoff said 1 However Assistant Attorney Sally Wellman said testimony "was not grounded on a scientific "No where does he tell us bow he reached the that because Dalton was sexually deviant he did not Intend to kill said Wellman "He merely gave his diagnosis with nothing to link the two things He gave the court no scientific evidence Lukoff also argued that on two occasions the jury heard testimony regarding alleged involvement in the Antioch III murder Throughout the trial Judge Scott did not allow District Attorney John Landa to introduce testimony about other murders allegedly committed by Dalton When a Waukegan detective on the witness stand mentioned confession of his Involvement In other murders Judge Scott said it was made In an and did not constitute prosecutorial think that the jury really latched onto Judge Richard Brown asked Lukoff "YesI have difficulty believing that it just happened This testimony was presented twice to the Jury Twenty-four ears are going to perk Lukoff said By EMItY THATEB Staft Writer RACINE Arguments heard Thursday to determine If Lawrence Dalton was rightfully convicted of first degree murder kidnapping and second degree sexual assault last October State Public Defender Mark Lukoff attempted to convince the three second district Court of Appeals judges that the trial was defective If two of the three agree with Lukoff Dalton could be retried on the charges Dalton 34 of Waukegan was found guilty of first degree murder In the strangulation death of Blanchie Penna 23 Racine at a Pleasant Prairie home Dalton was sentenced to life Imprisonment for the murder He also received a 15-year sentence for kidnapping Penna and taking her to the South Sheridan Road home on Aug 31 1977 where her remains were found in a shallow grave April 20 1979 Dalton was committed to Central State Hospital Vfaupun for treatment on the sexual assault charge He will serve at Inst two years at the maximum security state hospital and then will be transferred to Waupun State Prison A 12-member Jury Selected in Oshkosh on a changd of venue motion and brought to Kenosha for the trity before Judge Burton Scott fouhd Dalton guilty of the three charges Oct 31 The court of appeals Is to decide within 30 days If Dalton is to be retried according to Presiding Judge Clair Voss At hearlngLukoff based his defense on three key issues: Evidence which Judge Scott ruled inadmlssable would have shown that Dalton did not intend to kill Penna when he took her to the South Sheridan Road house and therefore be should have been charged with second not first degree murder Evidence about alleged Madlson The event Saturday marked the opening of the Wisconsin apple season and harvesting of Vikings Early Blaze and other early varieties The celebration was sponsored by the Wisconsin Farm Market Association an affiliate of the Wisconsin Farm Bureau Savoring the first apples pf the season at Oriole Springs Orchard In Twin are from left Howard Paulson vice president of the Wisconsin Farm Bureau Lt Gov Russell Olson Don Rawlins owner of the orchard and Malcolm Dana horticulture professor at the1 University of Wlsconsln- Apple tasting 1 Budget up slightly for disability service adults and children pre-natal and early age care for prevention of personal and social dysfunctions intervention activities to identify individuals in need of services for prevention of personal and social dysfunctions special living arrangements (group and foster homes respite and transitional care extended care programs to minimize the length of stay In an institution The KCCB budget approved Thursday is one part of a five part budget to be approved by the CPB A concern of CPB members Is a request in the 1981 Department of Social Services budget to transfer sheltered employment physically handicapped transportation and early age developmentaily disabled day "care programs 1' By EMILY THAYER Staff Writer A small increase in funding for developmental disability services provided by the Kenosha County Comprehensive Board for 1981 was' approved by the Coordinated Plan and Budget Committee Thursday CPB approved a budget request of $2560363 KCCB up $12531 from this budget of $2547832 for the programs sponsored by developmental disability services The increase amounts to one-half of 1 percent Increases were granted in the following programs Sheltered employment at the Kenosha Achievement Center nonmedical day services for develop-mentally disebled outside of their homes protec tives services for BUFFET ucm Untch iK2sts suppers BOLOGNA 6 rJlf II Mm I 1 OrwvyondTwfWy JMa 1 1 IP'S fl2Q 15-wz RACK TO tcHOQLl Headquarters for School Supplies at ivsA Ivory day Discount Pricwsl Wheatland classes to start Aug 27 USDJL Grad A withou If i i V'pLnsasid Quurnatuad al Under Beef Steak T-Bone EI00L-AID 1 rAVw Service Agency to provide a school psychologist speech therapist and teachers for the emotionally disturbed and educable mentally retarded students Lunch prices were retained at 59 cents and milk at 5 cents per carton I Bids were opened on a diesel tractor mower from International Sales and Service Burlington for $8397 and Schmidt Implement Salem $7334 The board tabled die proposals for further study WHEATLAND Gasses will begin Wednesday Aug 27 for anticipated 460 students The school board announced Tues day buses will run on approximately the same schedule as last year subject to possible delays due to Highway 50 detours The board signed contracts with Ethel Seno to teach part-time in the Title 1 and special education classes It also signed a contract with the Cooperative Educational SPECIAL PURCHASE SAVINGS I BRATYURST SHOAL PURCHASE SAVINGS! food 0 hnportsd SeCClAI HIKHAU SAVING) Final rJJ41 ss- Fills x-TircSuST" ggayuT 4 2 7-m Chojc of fkrw SmoMo links 'U Fish Portions Fisk Kool-Aid Sweultntd 3U m'rrr Ta Calif SugaiBBt wuitmtiett (f)cantelupe Peaches PEMS each Co rrwsh rrotGfi concRntrot I i-oz con i LninwtB Maid Umtadt 56 LOrlOFJADIE HIGHEST AVAILABLE PRICE FOR YOUR OGBAP! Check your garage for IRON COPPER ALUMINUM BRASS AND All OTHER METALS AND ALUMINUM CANS WE ALSO BUY JUNX CARS if'fo us Bring hr money GRAPES DAtlAUAS CELERY i) CaHi Frh Cmp Paxal Phone 651-0022 Stalls tar V' Top Frot Vanilla With Sowtaga or apparent ice With Swsege er Pepperanl 29 1 6 Sherkfan Road Across from St George Cemetery OPB4 Man thru AM Ml 4:15 PM Serf I AM til MS AM -r-r.