The Cincinnati Post from Cincinnati, Ohio • 3

metron weather business entertaining stocks I Vending machine gives back cash for recycled cans Pag 8B Journalists blazing trail to Cincinnati for German tourists Pag 3B Tht Ondmafl Post Wednesday September 14 19S3 No wrongdoing in expungement case relative newcomer to the office had the legal background necessary but had never been a prosecutor and was therefore considered objective Among the recommendations In his report McCarthy: Recommended first that police be Involved from the outset In any expungement cases They can tell the prosecutors Immediately whether the person Involved meets expungement requirements and avoid future delays Suggested the prosecutor's office take a more active part In the expungement process He said the prosecutor should object when he feels expungement will be harmful to the public Said the prosecutor should work with the Judge In drawing up expungement orders so all sides will be clear on what the order Is and means Judge Howard Sundermann presiding Judge of Municipal Court and by Stephen Cohen president of the Cincinnati Bar Assoclaton Expungement Is the practice of sealing and making unavailable to the public the criminal records of first offenders who have stayed out of trouble between one and three years They can then ask a court to declare them rehabilitated and ask for expungement of their record In the report McCarthy said that while police acting on advice of the city office did sometimes postpone court-ordered expungements they did so only temporarily while waiting for the prosecutor to ask the court to reconsider the order MCCARTHY FOUND that the prosecutor's office failed to obtain an official stay of the ex- pungement order from the Judge In the cases It wanted reconsidered Instead the prosecutors filed a motion for reconsideration of the expungement with the Judge and assumed that automatically resulted In a stay of the expungement order McCarthy said It would be "more McCarthy said to obtain a specific stay order It was this failure to obtain specific stay orders that led Shea In early August to demand an Investigation of why a number of his expungement orders had not been carried out by Cincinnati police Contacted late this morning Shea said that he had not read the report thoroughly but that he was disappointed that no one was held specifically responsible He said he was encouraged that recommendations were made to Improve procedures CITY MANAGER Sylvester Murray appointed McCarthy to head the Investigation McCarthy a By Sharon Molonay OiaJI nwi MVff neponer in Investigation by the Cincinnati city sollci-( office has found no wrongdoing by police or utors In the handling of court-ordered ex-ement of criminal records fl have found no evidence of Intentional and ill disregard for a order In the execu-if any expungement order" James McCar-stant city solicitor said In a report releas-l Cincinnati City Council today Investigation was ordered by council In the wake of a controversy over what Hamilton Jity Municipal Judge Clayton Shea said was a failure of police to abide by court-orderd of criminal records REPORT and several recommendations talned were reviewed and approved by Police studying finance records of slain woman Skilken rebuffs council By Sharon Molonay MM NAUR FOtTEII This photo of a steam locomotive the "Chassis Steam Special" was taken when the train pulled into Loveland on a nostalgia tour several years ago New obstacles block steam revivors track By Ramon McLeod Poet Stiff Reporter Police are combing the financial affairs of a 59-year-old Wyoming businesswoman In hopes of finding an explanation for her Monday night slaying Investigators turned to Dorothea financial life because few hard clues have turned up thus far Wyoming Police Chief Robert Hess also said he will ask Fred Baker the boarder at Mrs home who reported her death to police to submit to a polygraph examination Mrs body was found by Baker In a first-floor Interior hallway near a bedroom In her contemporary home at 464 Compton Road at about 930 pm Monday police said DESPITE A day-long search of her property and the neighborhood by the Hamilton County Special Weapons And Tactics team the weapon used to Inflict the multiple stabs wounds on Mrs body has not yet been found As a result police are hoping that a thorough review of her business affairs may shed some light on why she was killed at her home was a go-getter and Into a lot of different things that brought her Into contact with a large number of Hess said far as her finances go we are going to be looking hard at everything: bank account Insurance policies real estate holdings Investments you name he said Authorities said she died between 7 pm and 9 pm HESS SAID NOTHING was disturbed In the house and was skeptical of reports by neighbors that Implied she may have Interrupted an Intruder in her home Hess said Tuesday he plans to ask the cooperation of Fred Baker In submitting to a lie detector test to determine his whereabouts at the time of her death Hess said police know little about Baker believed to be about 60 except that he has been a boarder at Mrs home for about a year Friends of Mrs Irwin said Baker was Introduced to her as a relative of a real estate agent who has been attempting to sell the Compton Road property A close friend of Mrs Irwin's Ralph Lottes said today he spoke to her Monday night sometime between 7 pm and 730 pm when she called to tell him her house had been sold Lottes who described Mrs Irwin as a delightful said the sale of the house had been much on her mind she called I took it to mean she had a good hot Lotte said assume she was calling from the house and that maybe she was going to show It that Lottes said Mrs Irwin did not spend a great deal of time at the home He said she had returned to Wyoming about a month ago after spending a long visit In Naples Fla with her son John Irwin Jr and her mother Margaret Hllberg Chief Hess said his Investigators are Interested In Interviewing Mrs son who was notified of his death about 11 pm Monday night IT IS HOPED that he can shed additional light on Mrs business dealings because of his Involvement with her most recently In a proposal to sell a child traffic safety program to the JJC Penney Co Records on file at the Hamll-' ton County Courthouse show that Mrs Irwin owned properties In the 600 block of East McMillan Street Walnut Hills and Industrial property at Dane and Ellis streets In Cummlns-vllle In addition to her home In Wyoming She also managed an apartment house at 33 West Hill Lane Wyoming owned by another son Jan Irwin Acordlng to Mary Stagg her friend of 20 years Mrs Irwin also owned a factory In Florida Hess said these holdings are apparently only a small portion of her total financial situation Mrs Stagg said Mrs Irwin who Is divorced did not talk at length about her business deal-in gs throughout their long friendship IN 1981 Mrs Irwin had sought to rent her house to Ohio Valley Residential Services Inc as a group home for the mentally retarded A zoning request was turned down by the city council after strong objections were lodged by neighbors In the mid-1970s the property was rented as a day-care center Mrs Irwin was divorced from her husband John who Is now living In Atlanta In Cincinnati he had worked for the Colonial Stores supemarket chain The last time Mrs Stagg saw Mrs Irwin was on Sept 10 Mra Irwin was explaining how she and her son John had to get moving on selling the child safety project to the JC Penney Co Though Mrs Irwin had once sued her son over his failure to repay to her a $23300 business loan Mrs Stagg said there seemed to be no friction between the two A defiant reply from Union Terminal developer Steve Skilken to Cincinnati officials about his plans for the dying shopping mall says In so many words bother me this Is none of your according to City Council Member Arn Boifcz Deputy City Manager Philip Hawkey would not make letter to the city putfllc hoping to avoid further damage to relationships with the developer but Council Members Borts and Peter Strauss said thejletter is essentially i rebuff and offers no fetalis on plans to save the terminal City Manager Sylvester Murray wrote to ikllken last week asking for Information on such plans and suggesting that poor management has caused many tenant to leave AS LIFE DRAINS from the shopping mall lawyers for the city of Cincinnati are determining whether Skilken Is violating hlsdease with the city by allowing the mall to ale (Richard Mein chief of the real estate division Is directing the lease review (Skilken) was supposed to develop an -urban shopping mall out there and It suife look like a shopping mall to Mein said the face of It It looks like he has violated the lease because we no lorjjger have a shopping Mein said he expects an opinion from the office In two weeks Violation i lease would open the way for the city i control of the terminal Skilken did not return phone calls seeking his response this morning I HE HAS SAID earlier that bad economic times plagued the terminal from the day It opened In August 1980 Tenants have beln leaving In Increasing numbers over the put several months however Only six shops and two offices remain Skilken leases the 50-year-old Art Deco landmark and the surrounding 26 acres In the West End from the city for $1 a year Tle 30-year lease was drawn up by the public works department and Is very favorable to Skilken Development director Nell Surber said Skjlken was the only developer to come forward with acceptable plans for saving thf terminal which wu then vacant deteriorating and costing the city more than 8300000 a year to maintain Skilken has an option to buy the terminal and surround-ink acreage for $1 million after 15 years Borts said the lease should be reviewed bin fears a court battle with Skilken could shut the terminal down again for years A better solution Borts said iftmld be toyiegotlate quietly with Skilken possibly back development rights arl $io million Investment In the terminal Defense riled over choices iven jurors By Gloria Milliter ftmt Staff Rtporlar Angry defense attorneys predicted a gusty verdict for Sharon Faye Young after a Hamilton County Common Pleas Judge rejected three of their proposed Jury In-ctlons Young faces the possibility of i the electric chair If she Is of the June 12 aggravated robbery and aggravated murder of Madlson-vllle barowner Elefterlos Smyrla- the boilers and remove the ashes had forgotten how dirty the old steam locomotives were until we put one on display here In the said Bell we started It running the cinders started flying and the black ashes covered everything we started using an engine like that again the ecologists would be after us Even the power plants have to have scrubbers to clean up their emissions and we would have to do the HAYS WATKINS chairman of CSX Corp the parent Arm of Chessle Systems said preliminary designs for new-type steam engines bear a closer resemblance to diesel locomotives than to the old He conceded that controlling smoke emissions would be a hurdle In the return to steam power promise to bring back the the rumble and the he said the studies and the prototypes work out to our satisfaction we will have what amounts to a modern-day steam locomotive equipped with computerized controls coal packs and recirculating water A study on reviving steam locomotives was co-sponsored by Chessle Systems Babcock Wilcox Co American Coal Enterprises of Akron and the Burlington Northern Railroad Co Am stiff end win A plentiful coal supply has given new fuel to reviving the use of steam locomotives The Chessle System Railroads and some other companies are Investigating the return to steam power for locomotives because coal Is readily available and cheaper than diesel fuel But a Cincinnati engineer who once worked on the old steam locomotives says a lot of Improvements would have to be made In steam engines to keep them operating as efficiently as the diesel-powered locomotives In use today "I WORKED on the steam-powered" trains for about eight said Mike Bell of the locomotive division of Chessle big computerized yards In Cincinnati had to stop and take on water every 30 to 40 miles to keep a supply for the he said take a chance on running out-wlth no water there was no power If we ran out of water we had to put out the coal fire In the boilers then It would take two hours to fire up and get the steam up so we could move BELL SAID the designers of new coal-powered trains would also have to find a way to control smoke emissions and more employees would be needed to clean Deportation called unlikely media If the father of the family staying at Community Friends Meeting finds a Job the case might change Hugg said but not sure what I would do If I find out about It HUGG SAID INS agents place top priority on tracking Illegal aliens who may be engaged In crimes such as fraud and drug trafficking The next concern Is with undocumented aliens who may be taking Jobs from UJS citizens More than 200 persons attended a prayer service Monday night at the Community Friends Meeting house on Winding Way to welcome the five-member Salvadoran family which will be staying at the church until an apartment can be found kT The Salvadoran refugee family under the protection of the Community Friends Meeting in North Avondale Is probably safe from deportation for the time being according to Richard Hugg offlcer-ln-charge of the UJS Immigration and Naturalization office In Cincinnati the fact that the aliens are El -Salvadorans makes It a special case to the people offering sanctuary It does not make It a special case for me In terms of taking priorities over other cases In the Hugg said INS SPOKESMEN In both Cincinnati -and Washington DC have said agents concentrate on finding undocumented aliens In the workplace and have no Intention of entering churches and dragging out undocumented aliens In front of the news The prosecution rested Its case today and the defense rested also without calling a sjngle witness DEFENSE ATTORNEYS James Rueger and Thomas Conlan uked Judge Fred Caitolano to Include lesser charges in his Instructions to the Jury "Crime Scene No Admittance" says the sign in front of the home at 464 Compton Road Wyoming where Dorothea Irwin 59 was found murdered Monday night ft JURORS Page 3B.