News-Press from Fort Myers, Florida • Page 31

News-Press ri Hi i -V 'J. THURSDAY, APRIL 18, 1985 DEATHS 4 Bonita Springs Collier County Estero San Carlos near pot plane being 0l wDisoini By BARBARA JOHNSON News-Press Staff Writer TAMPA For the first time since a federal investigation of him began in 1982, Lee County sheriff's Col. David Wilson denied under oath Wednesday being anywhere near a plane of marijuana which landed In Corkscrew on July 9, 1 98 1 Wilson, second in command at the sheriffs department, denied making a telephone call to his office that night to have deputies called off the scene. He testified as a defense witness in the federal perjury and obstruction of justice trial of Debra Moss, 32, wife of his friend, former special deputy Danny Moss. ly telling two federal juries in 1983 that she made the call from her home near the airstrip in the presence of Joy Carter, who had just stopped over at her house.

Moss told the federal juries she called the sheriff's department at Carter's suggestion to report suspicious planes flying around her house. Carter, her husband (ex-FBI agent J.R. "Buddy" Carter) and two others were convicted for smuggling 800 pounds of marijuana into Corkscrew that night in a Cessna 337 belonging to Buddy Carter. In the defense case, two friends of Moss, Steve Sexton and Lisa Brantley, testified they were at Moss' home and that they remembered a call was made while Joy Carter was at the house. In cross examination, federal prosecutor Warren Zimmerman took the opportunity to get Wilson to admit under oath that he did not originally report all his 1980-82 Income to the Internal Revenue Service.

Wilson said he later filed an amended tax return but denied he did so only after he learned the IRS was investigating him. Wilson took the stand at 9 p.m. He contradicted two prosecution witnesses In the case against Debra Moss. Earlier in the day, former sheriff's Deputy Frank Richbourg, one of the officers who investigated the downed pot plane in Corkscrew, testified he saw Wilson standing by the airstrip that night. Dispatcher Sherry Baker testified Tuesday she took a call that night at the sheriff's department from Wilson soon after the plane landed, and that she transferred his call to the squad room.

Zimmerman's theory of the case is that Wilson was present at the airstrip where the plane landed and made a 13-minute call to the sheriff's department from an extension of Moss' home phone in the Corkscrew Country Store. The store sits next to the airstrip. A 13-minute call is logged on Moss' telephone toll records shortly after the plane landed. However, Zimmerman rested his case before providing any direct evidence that Wilson placed a call from the store. Moss is charged with perjury for alleged Sexton testified the call was made to the sheriff's department to report suspicious planes flying overhead.

Brantley testified she remembered the call lasted 10-15 minutes. However, in cross examination, Zimmerman read to the jury testimony Sexton and Brantley gave in 1 983 to a federal grand jury. In the grand jury testimony, Sexton said he didn't remember anything that went on in the house after Joy Carter arrived. Brantley had told the grand jury Joy Carter made the phone call herself and then left the Moss' home before the planes ever appeared overhead. 1 7 Former attorney stands trial on grand theft It.

3 to 1 says commission thinks lottery is a good bet By DENES HUSTY Collier Bureau Chief NAPLES Three Collier County commissioners have placed their bets in favor of a state lottery. The three commissioners Fred Voss, Max Hasse and C.C. "Red" Holland voted in favor of a resolution asking the Legislature to institute a state-sponsored lottery. "While I'm not a gambler, it is a source of revenue that many states I would be in favor of it," said Voss, who proposed the resolution. Commissioners said they would favor having the state return some of the lottery revenue to the county, but that's up to the Legislature to decide.

At the very least, the money should be spread around by putting it in the state's general fund to pay for different government public needs throughout Florida, commissioners said. Only one commissioner, Anne Goodnight, voted against the resolution. "The main reason I voted against it is I don't think the lottery would be controlled and supervised as much as para mutual betting is so that children won't participate," Goodnight said. Also, Goodnight said, "I'm not convinced all the money would go to education" as some lottery advocates claim. So, "I'd just not rather mess with it (lottery)," Goodnight said.

Although Goodnight found no one of like mind on the commission, a member of the state's executive branch feels the same way she does about the lottery. Gov. Bob Graham has said several times that he is steadfastly opposed to a Florida lottery. 4 .7 ''vt By DENES HUSTY Collier Bureau Chief NAPLES Former attorney Arthur G. "Art" McDonnell received a $3,300 check made out in his client's name, but he never gave her the money, witnesses testified Wednesday.

Instead, McDonnell stashed the check in a bank account that a few months later showed a balance of one penny, according to testimony. McDonnell is on trial on grand theft and bond-jumping charges. In December he resigned from the Florida Bar following the bar's investigation of 12 complaints against him for violations of the attorneys' code of professional conduct. McDonnell is accused of swindling elderly Mae Belle Benfield out of $3,300 in a real estate deal and then jumping bond and fleeing to the Dominican Republic to avoid going to trial in December 1 983. McDonnell was arrested in July by police after he was spotting eating with his family at a Dade County restaurant.

In an interesting twist to the case, McDonnell, even if he is convicted of both charges, has served about all the time behind bars that he is going to, court officials have said. McDonnell was released from jail without bond last month after spending eight months there. Under state sentencing guidelines, he probably won't serve much more time behind bars, if any, even if he Is convicted, officials said. A jury of four men and two women were picked Tuesday and on Wednesday, Benfield was the first witness called by Assistant State Attorney Dwight Brock. Benfield fidgeted nervously in the witness box while admitting to a long history of mental problems and lapses of memory.

However, she clearly recalled that in 1 98 1 she wanted to sell her house at 1005 Diana Ave. in North Naples to two buyers who put up a $6,600 deposit. The deal fell through and she, her relatives and the real estate agents met to discuss divvying up the deposit money, she said. She said everyone basically agreed that she would get $1,500 of the money, when up popped McDonnell and "said I should be entitled to $3,300 instead of 1,500." See ATTORNEY, page2B i'vr i -r' 1 1 $,, 'flfein News-PressBob Pearson There they go where they were found, Tice Principal David Richards said. Students will use the Information to track wind direction and study geography, he said.

The same project was held two years ago and the balloons later were found in Fort Myers, Sanibel, Captiva, Fort Myers Beach and Punta Gorda, Richards said. More than 800 colorful helium-filled balloons took to the sky Wednesday during the second Great Balloon Release at Tice Elementary School. Cards detailing the name and address of the school, along with each student's name, were attached to the balloons. School officials hope people who find the balloons will write to the children and tell Suit challenging election results thrown out of court County commissioners, Sheriff Frank Wa-nicka, and members of the Lee County Canvassing Board. The November election was the subject of a grand jury investigation earlier this year which found that there were no improprieties.

They were asked to look into complaints made by mortgage broker Clyde Bowles, who alleged similar problems with the election. Bowles, who attended Wednesday's hearing, said he will wait to see how Bevan's suit is resolved before pursuing any other legal action. guarantee the sanctity of the ballot and the integrity of the election process then God help us." Lee County Elections Supervisor Enid Earle said only, "We are very thankful." The news of the judge's ruling spread to the county commission's afternoon meeting. "We won the election," Commissioner Don Slisher said. "Congratulations, commissioners." Bevan's suit named numerous successful candidates, both local and national.

The list included President Ronald Reagan, Vice President George Bush, state legislators, Lee ing" to bring the action and prohibited him from refiling it. Bevan, an inventor who has lived in Fort Myers about 10 years, said afterward that he will appeal the judge's decision and also will pursue the case in federal court. In commenting on the ruling, Bevan produced a memorandum contained in court documents. "Are politicians to be considered privileged and taxpayers non-privileged?" Bevan wrote in the memo. "Are these privileged politicians the best guardians of our election law? If the voters have only the politicians to can challenge the rights of the elected officeholders, Norris ruled.

Bevan sued in February, alleging 21 "specific errors" in which the "the sanctity of the ballot and the integrity of the election process" was violated. He alleged that there were 4,000 missing ballots, one ballot box disappeared, citizens voted after 7 p.m., two ballot boxes were delivered by unauthorized people, and there were broken seals on 1 7 boxes. Norris, who presided over the case because two local judges were named in the suit, ruled that Bevan did not have "stand By SANDRA BOWER ROSS News-Press Staff Writer A suit challenging the results of the November general election was thrown out of court Wednesday when a judge ruled that the Fort Myers man who filed it did not have the legal authority to do so. Circuit Judge William A. Norris of Bartow, ruled that as a taxpayer, Brian Bev-an could challenge only the results of a referendum on the ballot.

The state law under which Bevan filed his suit clearly provides that only an unsuccessful candidate Blaze does $400,000 damage to Golden Gate hardware store 396 traffic tickets handed out on SR 80 By DENES HUSTY Collier Bureau Chief Inside Beach restoration urged by panel 7 Restoring Florida's 140 miles of critically eroded beaches will require a new statewide effort and at least $462 million over 10 years just for starters, a task force says. Reeves said, the fire started before 7:30 p.m. while the store owner, David Bullock, went to a nearby grocery store for a soda. When he returned, his store was filled with smoke. Most of the inside of the store was gutted and the roof was destroyed.

A small section of the store, where tires are changed, was saved. A barber shop and grocery store in the same building were not damaged by the flames. Reeves estimated about $115,000 worth of inventory was destroyed in addition to damage to the structure. There were no injuriesother than the two firefighters. The cause of the fire is as yet unknown.

A state fire marshall will arrive to inspect the debris at 9 a.m., he said. GOLDEN GATE Forty firefighters were called to battle a blaze Wednesday night that sent two firemen to the hospital and caused about $400,000 damage to the Golden Gate Hardware and Auto Parts Store on County Road 951. "I thought this place was history," said Roger Boreen, owner of a barbershop adjacent to the hardware store. Firemen from the Golden Gate, North Naples and Naples fire departments were called to help extinguish the flames. Two firefighters were treated for heat exhaustion and one was kept overnight for observation at Naples Community Hospital, according to Golden Gate Fire Chief David Reeves.

more caution," Rhodes said. "Everybody out there is aware of our presence," he said. "It's too early to tell if the accident rate has been affected," Rhodes said. He said troopers have investigated six accidents along SR 80 since the patrol began its crackdown. The patrol worked an average of about six accidents a week during the first three months of the year, he added.

Traffic accidents along SR 80 have claimed 25 lives in the last 25 months in Lee and Hendry counties 10 during an 11-day period in March and numerous others have been Injured. Two people were treated for minor Injuries at Lee Memorial Hospital and released Wednesday morning following a four-car, chain-reaction collision near the Hickey Creek Bridge about 7 a.m., according to patrol officials. The accident occurred when one car stopped to make a left turn and the three cars behind it were unable to stop, officials said. The most recent deaths on the highway four Canadians killed March 21 in a head-on collision near Hickey Creek raised a public furor that prompted action by state officials to speed up work to widen See SR 80, page 2B By MARK ANDERSEN News-Press Staff Writer Florida Highway Patrol troopers patrolling State Road 80 handed out more than double the number of traffic tickets in the past week than during the first three months of the year, officials said Wednesday. Troopers handed out 396 traffic citations since the patrol began a crackdown April 9 In hopes of reducing the number of accidents and fatalities along the road some have dubbed "the killer highway," patrol Sgt.

J.M.Rhodes said. That compares with 169 tickets issued on SR 80 between Jan. 1 and March 31, according to patrol records. Capt. John McDougall of the Lee County Sheriff's Department said deputies have handed out another 255 tickets since that agency began Intensified patrols April 4 between State Road 31 and the LeeHendry county line.

Both Rhodes and McDougall said the crackdown has been effective. "The most Immediate effect is that cars are slowing down," McDougall said. "Before it was like getting out on a race track." "I think that the people who are driving on State Road 80 are definitely aware of the situation (beefed-up patrols by lawmen) and are using Water treatment breakthrough may remove Lee's carcinogen FDA powerless to regulate aphrodisiac 8 Authorities say they're powerless to stop the sale of a supposed aphrodisiac that left a Lake Worth mother of three dead Wednesday after taking the store-bought chemical over the weekend. By TOM BUTLER News-Press Staff Writer "It's probably the most significant breakthrough in water treatment in 15 years," Taylor told the commissioners. The new membrane, manufactured by Film-Tec of Minneapolis, removed 93 percent of the dissolved organic material and about 40 percent of the dissolved minerals in a 700-gallon-per-day test at the Olga water plant, Taylorsaid.

Commissioners last week approved spending See WATER, page 2B Trihalomethanes (THMs), a suspected cancer-causing agent that appears in Lee County water treated with chlorine, may have met Its match in a thin sheet of white plastic. James Taylor, a University of Central Florida researcher, told commissioners Wednesday that water-filtering membranes can remove enough contamination from water to prevent THMs from forming. rfvi t- irilhin li I in tm, iHiim irm i -i tnnVi -fnr- i. i ft ft fh.