Press and Sun-Bulletin from Binghamton, New York • 10

The Evening Press Binghamton, N. Y. Feb. 28, 1983, no Ex-workers trying to reopen plant Column one By SARA GILLEN WAVERLY A committee of former In 1 i gersoll-Rand workers yesterday unveiled plans for the possible reopening of the Waverly foundry under employee management. The workers plan to use, federal money to open the foundry and then operate it themselves as equal shareholders.

Yesterday meeting was the tirst good sign the workers received since losing their jobs when the plant closed in November. "At one time we had 300 workers there," said Harry Shafer, one of the committee organizers and a 19-year veteran of the plant. Of the 118 workers laid off when the plant closed, Shafer said he did not know one with a job. "There may be some," he said, "but the majority of them are still laid off.1' The workers are examining loan guarantee cords of Ingersoll-Rand employees in an attempt to put together a skeleton crew of 50 to 80 workers. "We want the least amount of people and the best work," Shafer said.

"We'll get more (orders) into the plant and we'll eventually hire back everybody that's in here." Ingersoll-Rand is providing a cost analysis of initial operating expenses, technical assistance in reopening the plant and a list of potential customers, Shafer said. "Ingersoll-Rand made a commitment," Shafer said. "If we can supply them with a quality casting, they'll have other work for us." Shafer assured the former workers they would be the first considered for jobs if the plant does reopen. "It's up to these people whether this company makes it or folds," Shafer said. "It's too early in the day to tell what we can get in wages," said committee member Carlton Chilson.

What the product sells for will govern the wages at first, he said. Shafer said he expected the wages would be comparable to what the workers received as Ingersoll-Rand employees. Bud Wolcott, former president of the International Molders and Allied Workers Union, yesterday described his role in the plans as a "concerned employee. hoDefullv." When the meeting in the Waverly Junior-Senior High School ended, interested workers were told to leave their names. "They jumped right up on the stage; they didn't bother using the stairs," said Ronald Fassett, a former grinder supervisor at the Ingersoll-Rand plant.

"I saw a couple guys programs from both the Farmers Home Administration and the Small Business Administration. They are also checking the possibility of obtaining a Housing and Urban Development grant to the Village of Waverly. Most of it still in the planning stages, said committee member Myrt Garrison. "It will be employee run, with everybody having SARA GILLEN Former plant workers are studying loan packages in their bid to reopen the Ingersoll-Rand foundry located on the Broad Street Extension. a voting share and a say in how the plant is operated." "The financing is there," Garrison said.

"Of course we've got to apply for it and get it approved." "They don't see any problem in the financial end," said James E. Smith, 53, a former maintenance worker. "Their main obstacle is getting enough (orders) to reopen at a profit." The committee will review the work re "We're just standing in the background and doing whatever we can do." Asked whether a foundry had any greater chance of succeeding now than it did when the Ingersoll-Rand plant closed last year, Koos said the economy is improving. "If you've got the product and the price," Koos said, "The market's there." run. That's a good sign." Another good sign, Fassett said, is the backing the project is receiving.

The meeting was attended by Philip D. Koos, executive director of the Northern Tier Regional Planning and Development Commission and David Gibbs, a member of the Tioga County Industrial Development Agency. MelloDears seek aid to expand Grime law gives youth Hi 2nd chance A- ourt officials explain protection provided by sealing youth records By NICK FOX -When he was an aggressive district attorney, Broome County Judge Patrick D. Monserrate recalls, he once prosecuted a youth who, Monserrate thought, deserved no leniency because of the crime he Under no circumstances, Monserrate said, would he have recommended that the judge declare the boy a Youthful Offender. That would require sealing the record of the youth's conviction, which prevents anyone from knowing of the crime he committed.

The judge did not listen to Monserrate and, to the future judge's surprise, the youth made good. "I learned something from that case," Monser-, rate said, "and that was never to assume you could tell about an individual by the offense he or she commits, no matter how bad it is." is a good way to describe the spirit of the state's Youthful Offender laws, that, except in the most horrible cases, a young person can commit any crime and still may deserve to have a chance to continue his or her life with a clean slate. Under the state criminal procedure law, a 16-, 17-or 18-year-old accused of committing a crime is eligible for Youthful Offender treatment. Such treatment is not a possibility if the youth has been indicted on a charge of murder or has been convicted and sentenced for a felony. Once an eligible youth goes before a judge to face misdemeanor charges, the judge must, if the defendant agrees, seal all subsequent court records.

Monserrate said the law was changed about five years ago so that youths accused of felonies cannot have their records sealed until conviction. If the youth is convicted, the judge has the option of declaring him her a Youthful Offender and permanently sealing all records of the cases, or treating the youth as an adult and unsealing the records. The youth must be declared a Youthful Offender if he or she is convicted of a misdemeanor charge for the first time. Youthful Offenders can be sentenced to a maximum of six months for a misdemeanor and four years for a felony. "The theory was to provide more lenient treatment to young people who have transgressed society's norms, but are not considered habitual criminals," said Steven T.

Wax, Broome County public defender. "But names are public at arrest and disposition so that there is in reality very little protection from exposure and the stigma it brings," he added. Besides, he said, the armed services require enlistees to waive their rights to confidentiality for youth crimes; the charges are available to criminal justice officials and the Federal Bureau of Investigation, and many employers probably are able to get access to them. He suggested that the publication of the names of those eligible for Youthful Offender status be made a civil offense. "The law as it presently exists affords very little protection and provides small benefit at best," Wax said.

The policy of The Evening Press and The Sun-Bulletin is to print the names of misdemeanor defendants aged 19 or older and felony defendants aged 16 or older. David J. Mack, managing editor of the two Binghamton papers, said Wax promotes what the lawyer thinks is the best interest of his clients, but the media must act in the best interest of the public at grams that have been there for Walker said. The Division for Youth has a $30 million, budget and Tioga County receives about' $112,000, according to Walker, in explaining why priorities have to be set. "We want to restrict the money for the kids," he said.

"We don't want to put money into instruments or uniforms." Ford said the Owego Scamps, a gymnastics club, receives scholarship money frofa the Youth Board for some of its members. According to Schumacher, the scholarships are based on economic need where students can be recommended for the program the county department of social services. The Scamps devised the scholarship program to conform with guidelines for Youth Bureau funding, Walker said. "That's the kind of avenue we need to; talk about," Walker said. "We want to expand.

Ford said representatives of the MelloDears haven't taken the matter any than the local Youth Board. zation, said he couldn't understand why the state exempts the corps from youth funding. The Mello-Dears, organized in 1962, has 67 members between the ages of 12 and 18 from Tioga, Broome, Chemung counties and Bradford County, Pa. Officials for the organization applied for funding last year for a program for younger girls which would have been called the MelloDebs, Ford said, but were refused because of the state guidelines. "We couldn't start the program because of the lack of funding," he said, adding that the Mello-Debs wouldn't have competed for money.

Both Schumacher and Joseph P. Walker, regional director for the state Division for Youth, said a drum and bugle corps or a little league group could obtain funding if they developed a new program which would meet some of the county Youth Board's priorities for the county. "When we come into a county and provide money, we don't want to go into pro By CHERYLL CONNOLLY OWEGO New York state bars Little League teams, Pop Warner Football teams and drum and bugle units when it comes to state aid from the Division for Youth. Officials for local youth boards can only refuse aid requests from those organizations because of the state mandates for funding, said Tioga County Youth Board Director Nora M. Schumacher.

"The bottom line is we're here to promote service and we have to live within our guidelines," she said. "There's a lot of little dos and don'ts." The Division for Youth will not fund drum bugle corps, such as the MelloDears Drum Bugle Corps based in Owego, if the organization promotes non-reimbursable commercial interests and travels outside outside the county. The state also does not provide funding for musical instruments. Although the Mello-Dears do compete for money and travel outside the county, Fred M. Ford, executive director, for the organi (Mil? mil Guard's claim barred in murder trial 'fiY'7 1 hamton.

She has identified Cardew as a man she saw with a woman she believed to be Colwell in the restaurant between 2:30 and 3 a.m. July 25, the day Colwell was re-portedmissing. When the converation between the jail' guard and Cardew took place, Colwell wag being sought by police as a missing person Colwell's decomposed body was found Oct. 31 by a hunter in the Town of Conklin near Powers Road. By that time Cardew was in Attica State Correctional serving a term of Vt to 4 years on a bur-! glary conviction.

He was returned to Broome County and indicted for second-degree murder. The first indictment said he had killed Colwell by strangulation. That indictment was replaced by one claiming he killed her "by physical force and violence," an indication that police may not be able to demonstrate the specific cause of death. dew's lawyer, the judge today ruled the jury will be able to hear that much of the alleged conversation, but no more. Kessler had urged that the entire talk be ruled inadmissible on the theory that police may not question a defendants once represented by a lawyer without the lawyer being present.

The portion of Grier's story the jury will not hear is claim that Cardew gave the name and address of Colwell as the victim. Colwell, 23, formerly of 22 Virgil Binghamton, disappeared July 25 and police said they believed that Cardew killed her on that day. The judge also ruled today that the following evidence, disputed at the Feb 2 suppression hearing, will be admissible: Evidence obtained Sept. 1 when police searched Cardew's car with written permission from Cardew's father. The eyewitness identification by Mary M.

Paradis, 21, former waitress in the Sip 'N Dip restaurant on State Street, Bing- By KEITH GEORGE Binghamton Bureau A Broome County judge has ruled a jail guard will not be able to relate to a jury his claim that Robert J. Cardew admitted killing Kathleen Colwell. However, the guard will be able to tell a jury being selected today that Cardew reportedly said he wanted to confess to a murder he had committed, the judge ruled. Cardew, 23, a former Binghamton man, today remained in his cell, declining to attend selection of the jury for his trial on a second-degree murder charge. He has waived his right to attend the trial, but County Judge Robert W.

Coutant has instructed Cardew's lawyer to visit the defendant each morning to invite him to the trial. Should Cardew appear, he apparently will be tethered to a nook anchored in the courtroom floor beneath the defense table. Court aides said it was installed last Friday -on orders of the court, according to Sheriff Anthony Ruff o. Cardew, a big 6-foot, 4-inch man, injured a newspaper photographer during a violent outburst in the hallway of the court after he broke away from sheriff's men last month. On Feb.

2, at a suppression hearing, James A Grier, a sheriff's deputy who is a guard in the county jail, testified that on Aug. 31 Cardew, then a prisoner on a burglary charge, called to Grier. Cardew was upset and crying, the guard said. Cardew asked to speak to a detective and Grier asked him why, he said. Cardew replied he wanted to confess to a murder, according to Grier.

The deputy said he then asked Cardew whom he had murdered. Actng on a motion by Leonard Kessler, an assistant public defender who is Car- large. This means the media must avoid making ex CHUCK HAUPT Astral advertising Manley E. Tuttle of Johnson City, who goes by the name 'Elias' when working as a psychic, reads Tarot cards for a passer-by at a Psychic Fair on the campus of the State University of New York at Binghamton this weekend. Twelve readers gave more than 300 Tarot readings at the fair.

Fire destroys trailer BERKSHIRE Two Berkshire residents escaped injury yesterday when fire destroyed their house trailer. Edwin and Lena Sherwood were inside the Akins Road mobile home when the fire started on the porch shortly after 11:30 a.m., said Berkshire Assistant Fire Chief Andrew Hanson. The couple got out safely, Hanson said, but added that a Berkshire firefighter was treated for smoke inhalation. The Tioga County Fire Investigation Team is investigating the cause of the blaze. Man charged with assault OWEGO Tioga County sheriff's deputies charged Freeman W.

Smith 22, of Athens, with attempted second-degree assault, a felony, and resisting arrest, a misdemeanor, Saturday night in the Village of Waverly. Smith was arraigned before Waverly Justice H. Bradley Smith. He was taken to the Tioga County Jail in lieu of $700 bail and scheduled to reappear on court March 1. Tioga begins fingerprinting students ceptions to what news is printed.

"We can't back away from going the limit, from printing news accurately and thoroughly, even if we speculate that someone might be later named a youthful offender," Mack said. i "I guess that from the point of view of the lawyer and his client, we'd be meeting the spirit of the law, but I think there is that much larger and weightier question of freedom of the press and the public's right to know," he said. "We cannot be the judge, and we cannot make exceptions." APALACHIN As a precaution should they ever become kidnapped or the victim of an accident or foul play, more than 400 elementary school students were fingerprinted Saturday at the Apalachin Elementary School's first winter carnival, Tioga County Sheriff James R. Ayers said his department initiated the fingerprinting program to help provide parents with a source of identification for their children should the need ever arise. The program was received well, Ayers said.

He said deputies only received one negative response from a parent who felt the fingerprinting created a police-state The department has written letters to all the county's nine school districts offering the service and has receievd five responses, Ayers said. Parents or guardians must give written permission to have their children fingerprinted and indicate whether they wish the school to keep the fingerprints or they wish to keep them themselves. "We don't want any of them," Ayers said of the fingerprints. All the fingerprints taken Saturday were given to the parents, he said. The department will be scheduling the program with other school districts.

Monserrate sairf that one reason the law was changed to keep the names of youthful felony de fendants on the public record was to subject the par ents of the defendant to publicity, since publicizing an arrest may only give the defendant a "tough guy" image to his friends. Many police departments do not release the names of youths charged with felonies, frequently on the assumption that the law requires them to Withhold the names of those eligible for Youthful Of- "fender status. ISJouths between 16 and 18 account for a dispropor TJffinate number of the total defendants each year. SUNY trustees predict long hard time 1981, the latest year for which the state Office of IXriminal Justice Services has complete records, the 3X7.371 arrests among that age group represented 20 qwrcent of all arrests. Yet that age group accounted 2or only 7.1 percent of the state's population over the Analysis 2ge ol 15, according to the 1980 U.S.

Census. "ZZ See YOUTH, 14A EE N.Y. numbers game trenchment of the system, including the closing of some campuses in the not too distant future. "I have in the back of my mind that in the salad days of (former Gov. Nelson Rockefeller we may have gone too far.

Even if the economy recovers, this may be too big a system for the state," said Trustee George L. Collins Jr. Collins believes SUNY trustees are going to have to take a hard look at the size of the system and the consolidation andor elimination of programs now duplicated by different SUNY colleges. In a message to the trustees, Chancellor Clifton R. Wharton said it is premature to consider a major reduction in the size of the university.

Wharton said he has talked with Cuomo and the new governor does not sup By GEORGE BASLER Binghamton Bureau What a difference a decade makes. 1 In 1973, an enthusiastic reporter wrote in The Evening Press: "The only thing that is small about the State University of New York is the number of years it has been in existence 25. "In every other respect, State University (or SUNY, as it is known within the system), is a study in boom and superlatives. "It is the largest university and the fastest growing, with a construction program that has been called the most ambitious commitment to higher education in the history of Western Civilization." Can you blame present SUNY officials for looking back on those days with nostalgia mixed with envy? Instead of unprecedented growth, they port any action that would permanently dismantle the university. Some trustees appeared skeptical.

"What happens if the governor is wrong, and the economy keeps deteriorating?" asked Trustee Thomas Van Arsdale. Whatever SUNY officials do to solve the, system's financial problems, they must pre-' pare long-range plans on where the system, will be a decade from now, Van Arsdale said. Trustee Arnold Gardner agreed. "There is very substantial doubt among the trustees that we'll be through this in two or three! years," he said. Gardner said state government is facing1 increasing demands for services while the state's economy is not growing.

This will See SUNY, 12A 161 Win Four: 0412 have to deal with retrenchment and cutbacks. Their sometimes anguished feelings were clearly evident during last week's meeting in Albany of the SUNY Board of Trustees, which oversees the 64-campus system. "It takes so long to build something up, and it's so easy to tear it down," Trustee Edward V. Mele said at one point. Despite Gov.

Mario M. Cuomo's optimistic statements that the state's financial problems are temporary, many trustees believe SUNY's financial problems are long-term ones that could mean a major re If you have a story idea, question or comment regarding news from Chenango, Delaware, Otsego and Tioga counties, call State Editor Dave Edick or Assistant State Editor Marty Doorey at 798-1151 between 6 a.m. and 4 p.m. 1.