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Canton, Missouri
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October 31, 1985     Press-News Journal
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October 31, 1985
 

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P PRESS-NE IVS JOURNAL (USPS 088-820) Vol. No. XV, New Series No. 44 Canton, Missouri 63435 Thursday, October 31, 1985 Legal action may result in new trial in robbery / by Dan Steinbeck A different legal twist brought by 'one of two people convicted of a daring daylight armed robbery in 12 of a Canton business, may bring the issue up for a new trial. James Myrle Bockes, who was age 33 and of Hannibal when arrested Dec. 31, 1982, was convicted of armed robbery by jury trial April 12-13, 19e3, and sentenced by Judge Bruce Normile to 20 years for first degree robbery and five years for armed criminal action. He has filed a legal request called "Rule 27.26." Lewis County Prosecuting Attorney Fred Westhoff explained the rule is "a challenge to a conviction based, in effect, on denial of his (defendant's) constitutional rights." Bockes and Vicki Phelps, who was 26 at the arrest, were convicted of armed robbery of the Grand Leader Pharm- acy in Canton. That robbery occurred about 3:15 p.m. that day and the pair was arrested several hours later. Bockes' conviction was affirmed by the Missouri Court of Appeals, Western District Aug. 14, 1984. According to the motion filed Monday with the Adair County Circuit Clerk's office, Jules DeCester, assis- tant public defender, was appointed to represent both Bockes and Phelps in 1983. A joint hearing was held Fob. 28, 1963, and a joint arraignment was held March 10, 1983. Bockes sought and received a change of venue to Adair County on March 22, 1983, while Phelps was granted a change of venue to Knox County. Bockes was tried and convicted in April, Phelps in May. DeCoster represented both defen- dants in all proceedings in both trials, according to the filed statement. The statement also said DeCceter had con/erred with both and it was determined DeCoster would represent both of them at a joint trial. The filed motion said "A trial strategy was worked out whereby, at the expected joint trial, Vicki would testify but that Movant (Bockes) would not testify. However, the cases were severed when Movant received a change of venue to Adair County while Vicki's ease remained in Lewis Co. Movant informed trial counsel that Movant wanted to have the testimony of Vicki at Movant's trial. Trial counsel filed a motion to withdraw in Vicki's case, but the motion was not taken up before the trial of Movant. Movant informed trial counsel that the testimony of Vicki was necessary at Movant's trial, but trial counsel did not subpoena Vicki, and Vicki, who was on bond, did not know about Movant's trial and did not appear on Movant's trial date. "At the Rule 27.26 hearing, Vicki testified that she had intended to testify at Movant's trial, and wanted to testify, and that her testimony would prove that Movant did not commit the alleged robbery. Trial Counsel DeCos- tor testified that in his opinion the State's case against Movant was strong, but circumstantial, and it would have been favorable for Movant to have Vicki testify. Howler, trial counsel did not subpoena or obtain the presence of Vicki at Movant's trial because the trial counsel thought that Vicki would, if called, refuse to testify on Fifth Amendment grounds. He further testified that he would have advised her of her Fifth Amendment Rights and she had previously told him she would not testify." The motion of special Judge Retold M. Belt said the question is on, of conflict of interest by representation of multiple defendants by the same counsel. Westhoff said Tuesday there is a "real possibility" of a new trial in the case. "However, the State has the right to appeal and I've been in touch with the (Missouri) Attorney General's Office about that." Westhoff said while a new trial is possible, the current motion filed in behalf of Bockes is a separate proceeding from the original criminal proceeding. Beckes, according to the motion, is still in the Missouri Division of Corrections, and believed to be at Moberly. Westhoff said he anticipates Adair County re-taking custody of Bockes, pending further proceedings. "In my opinion, it's the height of legal technicalities raised," Westhoff said of the motion. . duo Four-year-old Phfllip Darneli, Monticello, found a pumpkin just about his size. He had asked his grandmother, Ruth DarnelL to grow him one and she agreed to try. She didn't expect results like the {me pictured when sh planted the aptly-named Mammoth Seed. Ruth Darnell grew the 190 pound j:k-o-lantern, plus one of 130 pounds and one of 90 pounds, in her garden behind the ASCS office in Monticello without any special feed or fertilizer. Phillip calls his three-inch-thick-rine friend "Papa Smurf." Greek letter tips for Halloween members of the Culver- ,arsity men's basket- team were injured in a one-car accident early Saturday near Liberty, m. Injured were Dennis A. Klingele, 20, Gregory Hoener, 19, and David Varner, 19. Klingele is a junior guard from Liberty, Hoener is a sophomore center from SuRer, HI., and Varner is a sophomore guard from Keok'uk. " As of Monday, Klingele was listed in serious condition in the intelve care unit of Blessing Hospital with back injuries. Varner was in satisfactory C-S cagers hurt as car flips condition with blunt trauma (bruises and lacerations) Hoener wilt: released from the hospital Monday. According to the Illinois State Police, Klingele was west bound on Illinois 104 about 3:30 a.m. Saturday when the car ran off the north side of the road, returned and ran off the north side of the road again, skidded, overturned and came to rest on its wheels. All three were thrown from the car. Illinois State Police said none were wearing seathelts. Culver-Stockton coach Rod Walton said Klingele, an all-conference player, will be out for the season, and he expects tleener4uutVanm" to mira the first half of the mmson. "It (the accident) takes away a lot of our depth. It took away two of our top three guards (Klingele and Varner). Everyone else will need to tighten their belt and play harder. I told the team it changes their (individual) roles. The team is working hard. Those injured have a good mental attitude. "We're not going to sit around and feel sorry for ourselves," Walton said. -treaters tonight collegians to Many entries, visitors at car show not to eat any of are not a good idea for sake walking." they get home. carefully before to eat them," Hess, Extension t University Extension. Some safety tips for children who Look foe beards and wigs Resistant." A1mongh these items won't indicates that and should once removed from Flimsy materials baggy sleeves or be avoided to risk of contact with sources of ignition." costumes light and be clearly visible to visibility in costUmes can be with reflective "glow" in the beam of Bags or sacks light colored or riective tape. Reflec- available in and sporting goods should also carry - and be seen - more short mou to from tripping and should wear well-fit- mother's high heels "Hats and scarfs should be tied securely to prevent them from slipping over children eyes. Apply a natural mask of cosmetics rather than have a child wear a Ionse-fittin.g mask which might 'strict breathing or obscure vision. If a mask is used, make sure it fits securely and has eyeholes large enough to allow full vision. Swords, knives, and similar costume accessor- ies should he soft or flexible material." "Smaller children should always be accompanied by an older responsible child or an adult. All children should use the sidewalk rather than walk in the street, and they should walk not run from house to house. Children should he cautioned against running out from between parked ears, or across lawns and yards where ornaments, furniture, or clotheslines Iresent dangers. "Children should only go to homes. where ruidonts have outside lights on a sign of welcome. Children shOUld not enter homes or apartments unless they are accompanied by an adult." "Those receiving trick-or-treaters should remove anything that could be an obstacle from steps, lawns, and por. Candle lit jack-o:lanterns be kept away from landings and doorsteps where costumes could brush against the flame. Indoor jack-o'4ant- erns should be kept away from curtains, decorations, or other furnish- ings that could he ignited." VFD receives $1,300 to rural fire protection Department has SLs0o as pgrt d Fire administered by the of ConseaflmL manted by d forJr, from the the Comervatim of the RCF1 ) na f,e finaneinl of le than The funds are departmeats on a 5o-5o cmt share basis. Monticello Fire Department was one of 157 fire dapartments that were awarded grants this year. The 137 grantees received a total of $201,495 of which 4e percent ($92,000) was federal dollars and 54 percent ($109,496) was conservation sales tax funds. The Omservation Dqrartment has distri- Cted $1,S,700 in 1,240 grants throughout the site of Miasoui-i since the RCFP program was initially funded in 17/5. aid youngsters "Big brothers" and "big sisters" will be lodking out for young Halloween trick-or-treaters in Canton Thursday night, as they make their rounds in the dark of Halloween. Fraternity and sorority members from Culver-Stockton plan to he stationed at every street corner in the town to assist the Young spooks crossing streets, and generally over- seeing their safety. A service preject of the Interfratern- ity Council and the Panhellenie Council, the students will he identified with shirts bearing the names of their Greek letter organizations, and will man their posts from 7 to 9 p.m. Apparently, an independently- organized car show was a success in Canton Saturday. The River City, Auto Exhibit brought 8 entries from at least five states to the lot on White Street in Canton, and according to co-organizer Jim English, "a wonderful crowd" was also present. English, Jim Leone and Ray McSorley spearheaded the efforts for the show to help promote Canton braincases. Winners of the events were: Best truck - '50-'85 - first, Cindy Wulf, Virginia, III.; second, Bill Embre, Dall, Tex. Best street machine: '48-under - first, Jim and Sandy L0ckhart, Meredea,. Ill.; second, Don Hamilton, Perry, I]I.; '4-'59 - first, Ben Casebi, Canton; second, Dale Shirley, Keokuk; '60-'70: first. Bert Wallace, Sholbina; second, George Strauhe, Quincy; '71-'85: first, Kenny A]lensworth, Quincy; second, Mark Otte, Canton. Best custom: first, Mary Ann Minik, Washington, Is.; second, Chad Penn, Lewlstown. Best four-wheel drive: first, Barb Contrell, Quincy; second, Fred With- row, Kirksville. Best classic: first, Ben Casebier, Canton, '56 Cadillac; second, Ben Casebier, Canton, '66 Lincoln Converti- ble. Best Corvette '58-'71: first, Ken Contrell, Quincy; second, Nancy Caeebter, Canton; '72-'85 - first, Mike Shinn, Quincy; second, Bunkie Kane, gdwardsville, m. Best unfinished: first, Mike Penton, Hamilton, Ill.; second, Jim Leon Canton. Best antique: first, Lysle L. Vanbouten, Clarence; second, Glen llobey, Mexico. Best muscle (stock) car: first, Scott, Walton, Quincy; second, Darral Vannaken, LaGrange. People's Choice: first, Chad Prom, Lewistown; second, Marshall Mc- Carty, Macon. Best stock original: first, Ben Casebier, Canton; second, John Merker, Quincy. Best of show: first, Jim and Lockhart, Meredmis; second, Lyric, L. Vanhouten, Clarence. River City Auto Show Ideal weather helped bring a lot of people to the River City Auto Exhibit Saturday iCanton. The car show was a first t/me, independently sponsored event bringing 82 entries for public viewing. The show was held on a vaemtt let on White Street. P PRESS-NE IVS JOURNAL (USPS 088-820) Vol. No. XV, New Series No. 44 Canton, Missouri 63435 Thursday, October 31, 1985 Legal action may result in new trial in robbery / by Dan Steinbeck A different legal twist brought by 'one of two people convicted of a daring daylight armed robbery in 12 of a Canton business, may bring the issue up for a new trial. James Myrle Bockes, who was age 33 and of Hannibal when arrested Dec. 31, 1982, was convicted of armed robbery by jury trial April 12-13, 19e3, and sentenced by Judge Bruce Normile to 20 years for first degree robbery and five years for armed criminal action. He has filed a legal request called "Rule 27.26." Lewis County Prosecuting Attorney Fred Westhoff explained the rule is "a challenge to a conviction based, in effect, on denial of his (defendant's) constitutional rights." Bockes and Vicki Phelps, who was 26 at the arrest, were convicted of armed robbery of the Grand Leader Pharm- acy in Canton. That robbery occurred about 3:15 p.m. that day and the pair was arrested several hours later. Bockes' conviction was affirmed by the Missouri Court of Appeals, Western District Aug. 14, 1984. According to the motion filed Monday with the Adair County Circuit Clerk's office, Jules DeCester, assis- tant public defender, was appointed to represent both Bockes and Phelps in 1983. A joint hearing was held Fob. 28, 1963, and a joint arraignment was held March 10, 1983. Bockes sought and received a change of venue to Adair County on March 22, 1983, while Phelps was granted a change of venue to Knox County. Bockes was tried and convicted in April, Phelps in May. DeCoster represented both defen- dants in all proceedings in both trials, according to the filed statement. The statement also said DeCceter had con/erred with both and it was determined DeCoster would represent both of them at a joint trial. The filed motion said "A trial strategy was worked out whereby, at the expected joint trial, Vicki would testify but that Movant (Bockes) would not testify. However, the cases were severed when Movant received a change of venue to Adair County while Vicki's ease remained in Lewis Co. Movant informed trial counsel that Movant wanted to have the testimony of Vicki at Movant's trial. Trial counsel filed a motion to withdraw in Vicki's case, but the motion was not taken up before the trial of Movant. Movant informed trial counsel that the testimony of Vicki was necessary at Movant's trial, but trial counsel did not subpoena Vicki, and Vicki, who was on bond, did not know about Movant's trial and did not appear on Movant's trial date. "At the Rule 27.26 hearing, Vicki testified that she had intended to testify at Movant's trial, and wanted to testify, and that her testimony would prove that Movant did not commit the alleged robbery. Trial Counsel DeCos- tor testified that in his opinion the State's case against Movant was strong, but circumstantial, and it would have been favorable for Movant to have Vicki testify. Howler, trial counsel did not subpoena or obtain the presence of Vicki at Movant's trial because the trial counsel thought that Vicki would, if called, refuse to testify on Fifth Amendment grounds. He further testified that he would have advised her of her Fifth Amendment Rights and she had previously told him she would not testify." The motion of special Judge Retold M. Belt said the question is on, of conflict of interest by representation of multiple defendants by the same counsel. Westhoff said Tuesday there is a "real possibility" of a new trial in the case. "However, the State has the right to appeal and I've been in touch with the (Missouri) Attorney General's Office about that." Westhoff said while a new trial is possible, the current motion filed in behalf of Bockes is a separate proceeding from the original criminal proceeding. Beckes, according to the motion, is still in the Missouri Division of Corrections, and believed to be at Moberly. Westhoff said he anticipates Adair County re-taking custody of Bockes, pending further proceedings. "In my opinion, it's the height of legal technicalities raised," Westhoff said of the motion. . duo Four-year-old Phfllip Darneli, Monticello, found a pumpkin just about his size. He had asked his grandmother, Ruth DarnelL to grow him one and she agreed to try. She didn't expect results like the {me pictured when sh planted the aptly-named Mammoth Seed. Ruth Darnell grew the 190 pound j:k-o-lantern, plus one of 130 pounds and one of 90 pounds, in her garden behind the ASCS office in Monticello without any special feed or fertilizer. Phillip calls his three-inch-thick-rine friend "Papa Smurf." Greek letter tips for Halloween members of the Culver- ,arsity men's basket- team were injured in a one-car accident early Saturday near Liberty, m. Injured were Dennis A. Klingele, 20, Gregory Hoener, 19, and David Varner, 19. Klingele is a junior guard from Liberty, Hoener is a sophomore center from SuRer, HI., and Varner is a sophomore guard from Keok'uk. " As of Monday, Klingele was listed in serious condition in the intelve care unit of Blessing Hospital with back injuries. Varner was in satisfactory C-S cagers hurt as car flips condition with blunt trauma (bruises and lacerations) Hoener wilt: released from the hospital Monday. According to the Illinois State Police, Klingele was west bound on Illinois 104 about 3:30 a.m. Saturday when the car ran off the north side of the road, returned and ran off the north side of the road again, skidded, overturned and came to rest on its wheels. All three were thrown from the car. Illinois State Police said none were wearing seathelts. Culver-Stockton coach Rod Walton said Klingele, an all-conference player, will be out for the season, and he expects tleener4uutVanm" to mira the first half of the mmson. "It (the accident) takes away a lot of our depth. It took away two of our top three guards (Klingele and Varner). Everyone else will need to tighten their belt and play harder. I told the team it changes their (individual) roles. The team is working hard. Those injured have a good mental attitude. "We're not going to sit around and feel sorry for ourselves," Walton said. -treaters tonight collegians to Many entries, visitors at car show not to eat any of are not a good idea for sake walking." they get home. carefully before to eat them," Hess, Extension t University Extension. Some safety tips for children who Look foe beards and wigs Resistant." A1mongh these items won't indicates that and should once removed from Flimsy materials baggy sleeves or be avoided to risk of contact with sources of ignition." costumes light and be clearly visible to visibility in costUmes can be with reflective "glow" in the beam of Bags or sacks light colored or riective tape. Reflec- available in and sporting goods should also carry - and be seen - more short mou to from tripping and should wear well-fit- mother's high heels "Hats and scarfs should be tied securely to prevent them from slipping over children eyes. Apply a natural mask of cosmetics rather than have a child wear a Ionse-fittin.g mask which might 'strict breathing or obscure vision. If a mask is used, make sure it fits securely and has eyeholes large enough to allow full vision. Swords, knives, and similar costume accessor- ies should he soft or flexible material." "Smaller children should always be accompanied by an older responsible child or an adult. All children should use the sidewalk rather than walk in the street, and they should walk not run from house to house. Children should he cautioned against running out from between parked ears, or across lawns and yards where ornaments, furniture, or clotheslines Iresent dangers. "Children should only go to homes. where ruidonts have outside lights on a sign of welcome. Children shOUld not enter homes or apartments unless they are accompanied by an adult." "Those receiving trick-or-treaters should remove anything that could be an obstacle from steps, lawns, and por. Candle lit jack-o:lanterns be kept away from landings and doorsteps where costumes could brush against the flame. Indoor jack-o'4ant- erns should be kept away from curtains, decorations, or other furnish- ings that could he ignited." VFD receives $1,300 to rural fire protection Department has SLs0o as pgrt d Fire administered by the of ConseaflmL manted by d forJr, from the the Comervatim of the RCF1 ) na f,e finaneinl of le than The funds are departmeats on a 5o-5o cmt share basis. Monticello Fire Department was one of 157 fire dapartments that were awarded grants this year. The 137 grantees received a total of $201,495 of which 4e percent ($92,000) was federal dollars and 54 percent ($109,496) was conservation sales tax funds. The Omservation Dqrartment has distri- Cted $1,S,700 in 1,240 grants throughout the site of Miasoui-i since the RCFP program was initially funded in 17/5. aid youngsters "Big brothers" and "big sisters" will be lodking out for young Halloween trick-or-treaters in Canton Thursday night, as they make their rounds in the dark of Halloween. Fraternity and sorority members from Culver-Stockton plan to he stationed at every street corner in the town to assist the Young spooks crossing streets, and generally over- seeing their safety. A service preject of the Interfratern- ity Council and the Panhellenie Council, the students will he identified with shirts bearing the names of their Greek letter organizations, and will man their posts from 7 to 9 p.m. Apparently, an independently- organized car show was a success in Canton Saturday. The River City, Auto Exhibit brought 8 entries from at least five states to the lot on White Street in Canton, and according to co-organizer Jim English, "a wonderful crowd" was also present. English, Jim Leone and Ray McSorley spearheaded the efforts for the show to help promote Canton braincases. Winners of the events were: Best truck - '50-'85 - first, Cindy Wulf, Virginia, III.; second, Bill Embre, Dall, Tex. Best street machine: '48-under - first, Jim and Sandy L0ckhart, Meredea,. Ill.; second, Don Hamilton, Perry, I]I.; '4-'59 - first, Ben Casebi, Canton; second, Dale Shirley, Keokuk; '60-'70: first. Bert Wallace, Sholbina; second, George Strauhe, Quincy; '71-'85: first, Kenny A]lensworth, Quincy; second, Mark Otte, Canton. Best custom: first, Mary Ann Minik, Washington, Is.; second, Chad Penn, Lewlstown. Best four-wheel drive: first, Barb Contrell, Quincy; second, Fred With- row, Kirksville. Best classic: first, Ben Casebier, Canton, '56 Cadillac; second, Ben Casebier, Canton, '66 Lincoln Converti- ble. Best Corvette '58-'71: first, Ken Contrell, Quincy; second, Nancy Caeebter, Canton; '72-'85 - first, Mike Shinn, Quincy; second, Bunkie Kane, gdwardsville, m. Best unfinished: first, Mike Penton, Hamilton, Ill.; second, Jim Leon Canton. Best antique: first, Lysle L. Vanbouten, Clarence; second, Glen llobey, Mexico. Best muscle (stock) car: first, Scott, Walton, Quincy; second, Darral Vannaken, LaGrange. People's Choice: first, Chad Prom, Lewistown; second, Marshall Mc- Carty, Macon. Best stock original: first, Ben Casebier, Canton; second, John Merker, Quincy. Best of show: first, Jim and Lockhart, Meredmis; second, Lyric, L. Vanhouten, Clarence. River City Auto Show Ideal weather helped bring a lot of people to the River City Auto Exhibit Saturday iCanton. The car show was a first t/me, independently sponsored event bringing 82 entries for public viewing. The show was held on a vaemtt let on White Street.