The Pantagraph from Bloomington, Illinois • Page 2

Pantagraph A-2 Bloomington-Normal, III. Feb. 2, 1979 Special aide to eye prison -vt JAJv-l AAmJMfK 'Uo-W--- iii.uu.ihi.ii.i..i. fwiflM.inniil V- 111 Tt-mm TTIl'l Tl tS 1 m) "IWIfg 'I, puomn r-Si will be held in contempt of court and he will institute his own plan to end the deadlock. Plan underway Franzen said McGinnis, Pontiac Warden Donald Harvey and DOC assistant Director Michael Lane are preparing a plan to submit at Wednesday's hearing.

"We're trying to show him (Crowley) we can make it work" through McGinnis' appointment, he said. Although McGinnis will be in charge of implementing the state's plan to end the deadlock, Franzen said, Harvey's duties as warden will not be "I'm not replacing the warden at all," he said. "He (Harvey) is still the warden. "I just don't want to give the federal court an excuse to find us in contempt and to make their own plan and send someone else in to carry it out." McGinnis will help Harvey institute court-ordered plans to ease the deadlock, work on a plan to end the deadlock and implement that plan after it is established, Franzen said. By Jan Dennis PONTIAC Hoping to avert a federal court takeover at Pontiac Correctional Center, the state Corrections Department has appointed a high-ranking prison official to help end a six-month deadlock at the prison.

Kenneth McGinnis, 29, an assistant warden of operations at the state prison at Menard, was named special assistant at Pontiac. He will report directly to department Director Gayle Franzen. Franzen said Thursday the appointment was made in response to U.S. Judge John Powers Crowley's threat to appoint a monitor to end the deadlock, imposed after the July 22 riot in which three guards were killed. "This (the appointment) is my attempt to show him (Crowley) we're going to run the institution and somebody won't have to be sent in to run it by order of the court," he said.

Crowley threatened to name a monitor Tuesday, after being told by Franzen the state has not complied with court orders to ease the deadlock and to develop a plan to end forced confinement of inmates. Unless a plan is developed by Wednesday, Crowley said, corrections officials I Gorman, Calif. A motorist and his dog stood beside their snowbound motor-home on Interstate 5, the main north-south highway in California, after a snow storm forced the road closed. Hundreds of motorists were left stranded by the snow storm that hit Southern California Wednesday. (AP Laserphoto) Bamy California blanketed 'Total support' Childers had 'mental defect'testimony Calling police to say he could not get into his house after the murders was actually a cry for help, Savla said.

"He wanted to be told by another person that something awful had happened," Savla said. Under cross examination, Savla acknowledged he talked to Childers for only about 90 minutes, and Childers did not tell him all the details of his During the murders, Childers "completely lost control of his mental capacities." Savla said. Childers collapse was due to an "ongoing stressful situation leading to a disintegration of his defenses," Savla said. Childers was not able to remember all aspects of the murders, Savla said. "He was in total panic, in a robot-like state," Savla said.

his stepfather had given him from a drawer, the psychiatrist said. He said Childers told him he did not know why he picked up the gun. pushed me and the gun went Savla said Childers told him. Savla testified Childers told him his stepfather was physically and verbally abusive to him, and struck him on the head with a baseball bat in January. While McGinnis' position will be "adjunct" to Harvey and the director, Franzen said, "I told the warden that Mr.

McGinnis has my total support and I don't expect him (Harvey) to override any plans he (McGinnis) makes. "The warden is still the warden, but Mr. McGinnis is there to make sure the plans ordered by the court are followed. "The warden needs help now to make sure we are not held in contempt of court. Itis my opinion Mr.

McGinnis will help prevent that." Franzen said McGinnis will serve at Pontiac until normal prison operations are restored, probably within 45 days. He said normal operations will be defined in the state's report, which will be submitted at Wednesday's hearing. McGinnis was chosen because of his technical knowledge of prison operations, Franzen said. 4A detail man' "Mr. McGinnis has a special talent of being a planner, of being a technician, of being a detail man," he said.

"He's capable of putting together a plan and also suggesting ways that plan can be carried out." Potential disputes between McGinnis and Harvey regarding implementing the plan to end the deadlock will be resolved by Franzen. McGinnis was the third corrections official transferred from Menard to Pontiac this week. Earlier, Capt. James Thieret was named an assistant warden of operations a new position at Pontiac and Lt. Michael Frazier was promoted to captain and sent to Pontiac.

Their appointments are permanent, while McGinnis' is temporary, Franzen said. attempts to cover up the murders. Childers attempted to make it look like his family was robbed by scattering checkbooks and turning a wallet upside down. He also drove the car from the driveway without its lights on, threw away bloody pants, wiped blood from his feet and threw away a house key. Under cross examination by Napoli, Savla said his opinion Childers was not in control was not changed by the fact Childers attempted to cover up the crime.

Marvin Ziporyn, Evanston forensic psychiatrist, testified during the afternoon session that he diagnosed Childers as having a "mental disorder" when he saw him for about an hour on Oct. 6. Childers' state of mind was such that he would have committed the murders even if there had been a policeman standing next to him, Ziporyn contended. "All the rage and anger came pouring out," Ziporyn said. It could be that Childers was insane when committing the murders and then sane shortly afterwards, he said.

He said Childers' actions were the result of a "neurotic depressive reaction." Under cross examination, Ziporyn acknowledged Childers had no organic brain disease and was not psychotic. Ziporyn testified Childers knew right from wrong at the time of the crime, but because of his mental illness was unable to conform to the law. CDIETT A $MT Panel head urges not hiring any new counfy employees By Bob Holliday PEKIN The defense rested Thursday in the Jimmy Childers trial after calling two psychiatrists who both agreed Childers was not sane when he shot and stabbed his mother, brother and stepfather. One of the doctors said the 17-year-old Pekin youth was "in a total panic, in a robot-like state" when the slaying occurred early July 9 at the family's home. The prosecution is expected to call rebuttal witnesses today and it is speculated the jury will begin deliberations Saturday.

While the psychiatrists were on the stand Childers ended his vigil of staring at the desktop before him. Thursday he seemed more alert and kept his eyes on witnesses. Defense Attorney Joseph R. Napoli, a former baseball star at Bradley University, Peoria, tried to make the most of his "turn at bat." The diminutive, smartly dressed Peoria lawyer had taken a back seat to the prosecution attorney until Thursday. Napoli has cenceded Childers murdered his mother, Norma Rotramel; stepfather, Robert, and brother, Warren Childers, but contends Childers was insane at the time.

The defense attorney has listened without objection as Tazewell County State's Attorney Bruce Black described the murders and implicated Childers. Thursday was Napoli's turn, and he appeared eager. Lalit Savla, a Peoria psychiatrist who examined Childers Nov. 20, testified Childers suffered from "acute depressive reaction." He testified he felt Childers was suffering from a "mental defect" at the time of the murders. His testimony revealed Childers attempted suicide by taking a drug overdose about 30 days before the murders.

Savla said Childers attempted suicide because he felt there "was no way out" from his depression. Childers, he said, got family support for "a week or two" after his suicide attempt, but did not find the constant support he needed. His only constant support, Savla said, came from his girlfriend. Childers got home late from a date with his girlfriend in the early morning hours of July 9, Savla said, and was confronted by his stepfather who was angry over his being late. Savla said Childers told him his stepfather pushed him and called his girlfriend names.

Childers then took a gun By Dave Haake McLean County Board members may have to set a moratorium on hiring new employees, the board's Finance Committee was told Thursday by John Wenum, head of its budget-manual subcommittee. Wenum's warning came three days after the board's Justice and Public Safety Committee recommended the county pick up the $55,255 cost for keeping nine Comprehensive Employment Training Act employees, whose CETA jobs expire this year. Wenum said the county's general fund derived from tax receipts, federal revenue sharing funds and state refunds on income tax and sales tax receipts-is not keeping pace with the rate of hiring. The budget-preparation manual being prepared will call for decreasing per sonnel, if possible, Wenum said. Roughly 70 percent of the county's general fund goes toward salaries, Wenum said.

If federal revenue sharing money is cut in 1979, the county will have to use other general fund money to replace federal money being allocated to the McLean County Sheriff's Department, the committee said. The County Board will act Feb. 13 on the Justice and Public Safety Committee's recommendation to retain the CETA employees. Those employees include the chief deputy coroner, three employees in the juvenile services office and five employees in the Sheriff's Department. Wenum said the board is going to have to hold the line on hiring to keep a balanced budget.

County tax rates, he said, are at a maximum. New sources of money will Counties colled disoster areas have to be found if the county keeps adding employees. In other action, the committee learned the county has been paid $80,439 of the $228,717 in back taxes owed by the bankrupt Penn Central Transportation Company for 1969 through 1976. A settlement was worked out last fall by the Illinois attorney general's office with Conrail, the federal freight transportation line that took over Penn Central. Bonds totaling $186,900 have been sent to the county by Conrail to cover the remaining portion of the $267,330 owed county governmental units in back taxes and interest.

Those bonds call for an additional $25,400 on Dec. 31 and the remaining $161,500 on Dec. 31, 1987. The committee agreed to continue researching alternatives to a soil survey of the county to aid in assessing farmland. Wenum said methods used by the county assessor last year in implementing the 1977 law were in compliance with standards set by the Illinois Department of Local Government Affairs.

The state law requires farmland to be assessed on the basis of productivity and a portion of its market value. The cost of obtaining a soil survey or other technology to aid assessors in determining the productivity of farmland is the major question, Wenum said. Special taxing procedures, available under existing law, could be set up, Wenum said, to place the "cost for that technology" on farmers benefiting from its use. The committee instructed Wenum to contact McLean County State's Attorney Ronald Dozier to research special taxing procedures. The committee plans to meet later with representatives of the McLean County Farm Bureau, who objected to procedures used in assessing farmland last year.

To City Council Feb. 12 Panel favors OK of liquor licenses The federal Small Business Administration Thursday declared 41 Illinois counties, some in The Daily Paragraph's circulation area, physical disaster areas because of winter storm damage. An agency spokeswoman in Chicago said 15 emergency loan offices would open Monday throughout Illinois. One site will be at the ACI Building, 210 S. East St.

Central Illinois counties affected by the declaration include McLean, Woodford, Tazewell, Ford, DeWitt, Champaign and Peoria counties. The action will allow homeowners and tenants, as well as business operators, farmers and non-profit groups, to apply for low cost (7 percent), long-term (up Setting it right The name of Katherine Habley, children's librarian at Normal Public Library, was misspelled in a caption under pictures about Winter Story Hours at the library in Thursday editions. The library also was incorrectly identified as the Bloomington Public Library. to 30 years) loans to restore or replace property. In addition to the Bloomington regional office, the spokeswoman said, there will be loan offices set up at chambers of commerce in Champaign, Peoria, Ottawa and Joliet.

The SBA's office in Springfield also will be open. Persons seeking loans are encouraged to go to the offices instead of calling. Information is available by calling a toll free number, 1-800-972-3177. The regional office will be open from 9 a.m. to 7:30 p.m.

Monday through Friday, 9 a.m. to 5 p.m. Saturdays and 10 a.m. to 4 p.m. Sundays for an indefinite period, the spokeswoman said.

The SBA has already declared the entire state an "economic injury disaster area" to help farmers and businessmen recoup losses due to business interruption which the weather has caused. Persons seeking aid in that category also can visit the regional offices. The latest declaration means that qualified persons may apply for loans of up to $50,000 for real property and $10,000 for personal property. Business and farm loans are limited to $500,000. Births The Bloomington Liquor Control Commission recommended approval Thursday of two liquor licenses.

The recommendations, for a license to serve beer, wine and mixed drinks for Bailey's Speakeasy, 716 Eldorado Road, and a license to serve beer and wine for Mr. Kelly's Ice Cream and Pizza Parlor, 1201 E. Oakland will go to the City Council Feb. 12. William Bailey, who will operate Bailey's Speakeasy in the former Ireland's Restaurant plans to cater to the over-30 crowd, he told the commission.

He said he plans to have a band or singer in the restaurant-lounge about once a month. The remainder of the time it would operate as a discotheque. James Welcome, who purchased Uncle Harry's Ice Cream and Pizza Parlor at the Oakland Avenue address, plans no change of operation, he told the commission. He plans to run it as a family-style restaurant, with beer offered as a choice to compliment the pizza and sandwich menu," Welcome said. Welcome operates Mr.

Kelly's Fine Pizza, 204 North Normal. Residents of the neighborhood opposed the license, saying it would contribute to traffic and noise problems. SAYBROOK-Mark and Cheryl Homan, a girl born Wednesday at Brokaw Hospital, Normal. HEYWORTH-Mark and Cynthia Mat-tingly, a girl born Wednesday at Brokaw Hospital, Normal. Dog's bite, psych, could cost $26,000 Besides, Snyder said, Fang hadn't bitten anybody before.

Nine-year-old Tommy Snyder backed that up in his deposition. A trial on the lawsuit took two days in mid-December. During the trial, A "specialist 1n canine behavior" testified. James Wollrab, Snyder's attorney, said: "I don't imagine anyone has had an expert like that testify." Lawyers for the Shilgalises referred to the expert as a "dog psychologist." "He never examined the animal itself. He testified on hypothetical questions," Prall said.

By Mike Glover When lawsuits are filed, things tend to get complicated. And lengthy. For example, letting the kids out to play can turn into something a bit more involved than a game of post In McLean County Circuit Court, for example, it can turn into a court file a little more than an inch thick and could cost a former Normal resident $26,000. If that sounds a bit surprising, the saga goes like this: Joey Shilgalis, who was 7 in August 1973, went over to play at the Thomas Snyder residence at 105 Riss Drive, Normal. more than 1 inch long.

On Nov. 11, 1977, a lawsuit was filed, seeking $50,000 in damages because of the dog bite. The suit charged Snyder knew Fang was "accustomed to attack and bite mankind." Prall said Joey had several plastic surgery procedures to repair scars left by the lacerations. One of the things that would have to be settled would be the dog's state of mind. Snyder said in his defense that Joey had provoked the dog, which was chained in a garage.

That provocation came when Joey took away bones and food Fang was eating, Snyder charged. All sides agree that while Joey was there he was bitten by the Snyder's dog, Fang. At that point it turned into "Joseph A. Shilgalis, a minor, by his father and next friend Thomas W. Shilgalis vs.

Thomas A. Snyder." Along the way, it would require the services of, among others, a dog psychologist. Joey or Joseph if you prefer was treated at St. Joseph's Hospital Medical Center for lacerations on the face. Michael Prall, Joey's lawyer, said Joey suffered, among other cuts, a laceration on the temple about 2 inches long and one on the left cheek a little "The jury didn't agree with his opinion," he said.

Indeed it didn't. Jurors awarded Shilgalis $6,600 in medical expenses and $20,000 for pain and suffering. Wollrab said he was "dissatisfied" with the verdict, which he called "excessive." Snyder's lawyers said they were unhappy with a couple of Judge Luther Dearborn's rulings during the trial. First of all, they said, Dearborn erred in not keeping the name of the dog-Fang from the jury. Wednesday, Dearborn denied a motion for a new trial.

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