KANU News Retention; New Retention System from May

[TAMA WAGNER]: The Encisco case began like many of the thousands investigated by state officials each year. A complaint against the parents prompted an investigation. The result was to remove Ellen, a dark-haired, 11-month old, from her home. At this point, the Encisco case becomes unique. The family belongs to a religious sect that does not believe in conventional medical practices, and the court ordered Ellen, who was diagnosed as malnourished, to be hospitalized. Jon Encisco says that by doing this, the court has violated his moral and religious obligation to care for his child. [JOHN ENCISCO]: I know people have families, and they may have different beliefs of raising their children, of education, of eating, whatever it might be, and I've come to realize in the past few days that that freedom that we take for granted, that we have that choice and we have that integrity within our families is an unquestionable right. [TAMA WAGNER]: Encisco is a member of Practical Ministries,

a religion that is based on a strict vegetarian diet. Encisco believes it is his right to use natural healing methods to help his child, but he would not elaborate on those methods or discuss how Ellen became so ill. Encisco says he feels betrayed by the court. He contends the family returned to Topeka because they had assurances from the district attorney's office that there would be no retaliation. Upon the Encisco's return, Ellen was again taken into custody. Because juvenile cases are sealed, no one close to this case can discuss the specifics. But a former Shawnee County prosecutor who specialized in child welfare cases for almost a decade agrees the Enciscos have rights. But Joan Hamilton argues the courts have a responsibility to ensure the Enciscos rights do not place the child in jeopardy. [JOAN HAMILTON]: Now I don't believe that the parents have- rise to a level of criminal behavior either, but we're talking about another provision here, and that is a child in need of care. There has been a

professional opinion that the child obviously needed some type of medical attention or some type of attention to the malnourishment. [TAMA WAGNER]: Hamilton says religious beliefs can be used as a defense, but she's doubtful that defense would be valid in this situation, because she says the religion, Practical Ministries, is not recognized, and because the life of a minor child may be at risk. Carolyn Hill, Acting Director of Youth Services for the Kansas Department of Social and Rehabilitation Services says it's never an easy decision to remove a child from his home. Each year, thousands of alleged child abuse and neglect cases are investigated. Of those, 10 percent are confirmed. Hills says there has to be a very good reason to take the drastic step of removing a child from his home. [CAROLYN HILL]: The checks and balances built into the system ensure that that we and others involved don't overstep our bounds in that regard. So for instance, SRS does not have the ability to remove a child from the

home, law enforcement does that. However, when the child is removed from the home, within 48 hours there has to be a court hearing to determine whether there are compelling reasons to keep the parents from the child. [TAMA WAGNER]: Hill notes cases like that of the Enciscos are especially difficult. By all accounts, the Enciscos seem to be very committed parents. They have two other apparently healthy children. And the state understands the best place is usually at home. But when a child's health is in question, the state, according to Hill, has no choice but to act. [CAROLYN HILL]: What the law envisions, and what we constantly struggle with is the responsibility of the state to protect children, balanced against the right of the parents. [TAMA WAGNER]: One year old Ellen Encisco is again in protective custody. This time an armed police guard is stationed outside her hospital room door. Ellen's mother Nada is allowed to nurse and diaper her child. For Kansas Public Radio, I'm Tama Wagner in Topeka. *****

[ROB HILTON]: This is Morning Edition. I'm Rob Hilton. Testimony continues today in the Douglas County murder trial of 19 year old Marvin Schaal. Schaal is charged with vehicular homicide in the hit-and-run killing of Christopher Bread. Bread is one of four Native Americans to die mysterious and violent deaths in the Lawrence area since 1988. Because those cases haven't been solved, some Indian community leaders have accused local police of racism and incompetence. Yesterday, a prosecution witness testified that Lawrence police ignored important evidence in the case. KANU's Vance Heiner has been attending the trial, and he joins us this morning. Good morning, Vance. [VANCE HEINER]: Good morning, Rob. [ROB HILTON]: So what happened yesterday? Sounds like a real bombshell was dropped. [VANCE HEINER]: Well you have to know a little bit about the background of the case to understand. When Mitzi McCleary took the stand yesterday afternoon, she told the jury that she'd contacted police on three occasions with information she thought might help them solve the murder case of Christopher Bread. McCleary testified that she'd heard Marvin Schaal, who's the defendant in the case, talk openly on a citizen's band radio about running over, in his words, "a

stupid Indian," on East 15th St. near Lawrence. McCleary claimed police ignored her calls for nearly two years until February of 1992, when a Douglas County detective contacted her, and then she was asked to testify during the trial. And this came as a complete surprise to the prosecution and the defense. [ROB HILTON]: Why is that? [VANCE HEINER]: Because she had not told investigators or anyone that she had called police. No one was ready for this. As a matter of fact, Christopher Bread's father Don Bread was also attending the trial, and at that point he began to start taking notes, and after the testimony he said that he was going to be checking into it, and said that it was very disturbing. [ROB HILTON]: So at this point, is anyone questioning her credibility? [VANCE HEINER]: Well actually they are, especially, of course, the defense reminded Ms. McCleary a couple of times on the stand that she was under under oath. Apparently she says that she did not tell investigators that she had called police, and at one point in time in her testimony, she changed that and said that she

had, and so there were some confusion about that. In addition, I talked to Lieutenant Michael Hall of the Lawrence Police Department, and he says that his office did pass along written information about CB radio conversations to the Douglas County sheriff's office late in the investigation, around February of 1992, and this was confirmed by Douglas County Sheriff Loren Anderson, who said that he received some information about CB radio conversations in connection with the Bread case in February, but none prior to that. So basically it's going to be up to the jury to decide whether Ms. McCleary is credible or not. [ROB HILTON]: Since Bread's death we've heard from a lot of local Native Americans and others who've charged police with racism and also failing to take this case seriously. How does McCleary's testimony play into the bigger picture here? [VANCE HEINER]: Well I'm not really sure. So far, up until today, the prosecution's case was going very smoothly, and as a matter of fact, Christopher Bread's father, the father of the murder victim, said that he was very

pleased with the way the prosecution was handling the case, said they were doing a good job and things were moving along speedily. There have been no protests, which is very surprising, considering the national controversy that was created, and there were the Wall Street Journal articles about the mysterious deaths. There've been a number of national stories done about this, and a lot of outcry in the Native American community. But so far, Native Americans attending the trial have been very -- I guess for lack of a better word -- stoic in listening and watching, and there have been no- there's been no real controversy outside the court room surrounding this trial. [ROB HILTON]: Is there any indication yet that McCleary's testimony's going to change the direction of the trial at all? What's going to happen today, do you think? [VANCE HEINER]: That's really impossible to say. The defense still has its witnesses to bring. There will be, of course, closing statements, which, you know, could make the difference. In watching the trial, the first few hours of testimony -- one got the impression that the state's case was very weak, and then by noon, the state's case looked very strong, and now, it's hard

to say. [ROB HILTON]: Ok, thanks, Vance. KANU's Vance Heiner. He's been following the murder trial of Marvin Schaal who's accused of killing Christopher Bread in 1990. Bread is one of four Native Americans to die mysteriously around the Lawrence area since 1988. ***** [VANCE HEINER]: It took the nine woman-three man jury in the Marvin Schaal trial nearly 11 hours to deadlock and give up on the most serious charge in the Bread case. But some spectators outside the courtroom formed their opinions about the trial's outcome more quickly. Michael Haney is a representative of the United Indian Nations of Oklahoma, a consortium of 26 Oklahoma tribes. He and Native Americans from around the country were in Kansas this week demonstrating for the release of American Indian Movement leader Leonard Peltier from Leavenworth Federal Prison. Haney, who was invited to Lawrence by local Indian residents, says the jury's failure to convict Marvin Schaal of a felony in the Bread case is another

example of how Native Americans are mistreated by the U.S. justice system. [Michael Haney]: 500 years of this. I'm not going to put up with another 500 years of this, you know, we're going to have to stop it right here. I think the next step would be petitioning the federal government to filing a wrongful death and due process charges against, uh- against this man here, who was exonerated here today. But I think that they need to retry this man, you know, or we'll retry him. We'll retry him in the streets, if we have to. [VANCE HEINER]: Haney's response to the Schaal verdict was more strident than statements made by Christopher Bread's parents before the verdict was announced. Don and Marilyn Bread, who both work at Haskell Indian Junior College, spoke to a group of about 20 people outside the courtroom who were holding signs that read, "IS IT LEGAL TO KILL A NATIVE AMERICAN IN LAWRENCE, KANSAS?" and, "GIVE US A JUSTICE SYSTEM THAT WORKS FOR OUR PEOPLE." Mr. and Mrs. Bread thanked the protesters for their support, but asked them to show compassion. [DON BREAD]: Our Indian people in the community have been asked, all we've been through -- an ordeal all week long. The Schaal family have been through an ordeal. And so

there's a lot of hearts that are broken that are- that need to be mended. Whatever comes out today, someone's going to hurt -- and that's not a good thing to feel good about. Someone's going to be hurting today, and I- and I have to have prayers for that family, whoever's going to be hurting today, as a result of these 12 people making a decision today. I speak peace to them. I speak- whether it's to us or to the other family, I only speak peace to whoever wins concern. [MARILYN BREAD]: We pray for every family, regardless of color, who is affected by this trial. Our heart breaks for the young man, and we forgive him. We forgave him when it happened, because we know whomever did this for our son, we know that our son was released to that heavenly home. That's what we believe, and we know that he's in a better place. And as Chris's mother, I just want to say that Chris was a good boy. He was a kind-hearted boy. But each

one of us can pay him tribute by taking a part of his life, and being good to everyone -- not judging everybody, because that's what he did. He did not judge. He accepted everyone. [VANCE HEINER]: Later, the Breads said they planned to withhold comment on the verdict itself until Douglas County prosecutors decide whether to retry Schaal again for aggravated vehicular homicide. Members of the jury left the courtroom through a backdoor immediately following the trial, and would not return phone calls about the verdict. Douglas County District Attorney Jerry Wells had this to say in response to the hung jury. [JERRY WELLS]: Well, our reaction, of course, is we feel badly for the Bread family. This has been a roller coaster ride for them. And we feel disappointed that we didn't get the verdict that we wanted. However, our job now is clear, and that is that we will carefully consider whether or not this will be tried again -- and we're not going to be in a big hurry about it. [VANCE HEINER]: Marvin Schaal made no comment after the

trial, but his attorney Carl Fleming said the verdict came as no surprise. [CARL FLEMING]: It was a good case, well-tried, I think. Had a good jury, and they couldn't decide. It's not an easy case. So, we'll see what happens. [VANCE HEINER]: Fleming said no decision has been made about whether Schaal will appeal his misdemeanor conviction. Schaal faces a sentence of up to one year in the county jail and a $2500 fine when he's scheduled to appear before District Court Judge Ralph M. King on July 10. I'm Vance Heiner. ***** [TAMA WAGNER]: Hundreds of people stood in line this week in Chicago to apply for jobs at a new airport hotel. Many of those job seekers said they've been unemployed for months. Kathy Ketchum with the Kansas Department of Human Resources says scenes like that in Chicago are simply not playing out in Kansas. [KATHY KETCHUM]: The numbers are not lying to us. Kansas is in a better situation than a good many states in the union. [TAMA WAGNER]: In fact, this spring Kansas has had the third lowest

unemployment rate in the nation. But Ketchum cautions against drawing the conclusion that a low jobless rate translates to a strong state economy. Other factors must be considered like retail and home sales. But those areas, too, have experienced healthy increases. But experts remain cautious, noting there are hidden indicators about a state's economy. For example, the unemployment numbers do not count transients or the long-term unemployed who are simply no longer looking for work. An area that also sends up a red flag is that the number of Kansans seeking welfare benefits has steadily increased. Another problem for Kansas is that many jobs are low paying and offer no benefits. Scott Hessell with Kansas, Inc., a group that studies economic development policies, says it's now time for Kansas to take another step forward to keep pace. [SCOTT HESSELL]: The challenge today is to recruit to develop high-quality jobs. [TAMA WAGNER]: The goal for Kansas during this decade according to Hessell should

be to implement new high-tech jobs to make the state more competitive. But to do that, Hessell says, the accompanying workforce must be trained to implement that new technology. Hessell says those goals can be attained by using many of the existing Kansas businesses. [SCOTT HESSELL]: It's also concentrating on our existing workers and existing businesses, it's not simply a smokestack-chasing strategy. We want to bring up a lot of the businesses that are already here to a much higher competitive level that can compete nationally and internationally. [TAMA WAGNER]: That strategy has already shown signs that it's working, according to Dr. Jarvin Emerson, a professor of economics at Kansas State University. Emerson says much of the reason Kansas is faring better this recession is because the state has cultivated international markets. He also says the aviation industry and other high-tech businesses have boosted the state's economy. But not all areas are

thriving. Emerson says rural Kansas is still feeling the prolonged effect of the 1980s' recession, and has not completely rebounded. And there have been company layoffs, but in most urban areas they've survived because of their diversity. But Emerson warns that may not continue if the national economy does not take a turn for the better. [JARVIN EMERSON]: The longer term concern is if the national economy does not show a little more strength here shortly, that states like Kansas that have weathered this reasonably well, are going to start to feel the effects of the long economic malaise nationally. [TAMA WAGNER]: For Kansas Public Radio, I'm Tama Wagner in Topeka. ***** [TAMA WAGNER]: About 300 people have been invited to the old fashioned barbecue to honor President Yeltsin. Hosting the event is Kansas farmer Greg Rau. Rau says

putting together the cookout has been quite a task, because this is his busiest time of the year. He's facing summer wheat harvest. Rau's farm was selected, in part, because the Russians wanted to see a typical American wheat farm. Rau says he also hopes the meeting will help to solidify trade relations between the U.S. and Russia. [GREG RAU]: I think it's in both of our interests -- both countries -- that we have good trading relations, we have the products and the grain to sell, and they always- they need it. And that's certainly one thing I'd like to leave with him. [TAMA WAGNER]: The day of the cookout, Rau will have plenty of farm equipment on display, including a Russian-built tractor. President Yeltsin is also scheduled to deliver a speech at Wichita State University during his Thursday visit to Kansas. In Topeka, I'm Tama Wagner. ***** [TAMA WAGNER]: Today is a great day, according to Ben Frick of Salina. For the past several years, Frick says, he's been beating his head against a bureaucratic wall over his property taxes. Frick says the attorney general is right on target with a lawsuit against

the state, a state that alleges property owners are unfairly taxed in Kansas. [BEN FRICK]: Because of all the injustices that I've watched and seen in the last few years on real appraisals, properties that are side by side, one being appraised at $61,000 by CLT and right across this road $1.25 million. [TAMA WAGNER]: Frick is not alone in his quest for fair and equal taxes. Grassroots property tax protest groups have sprouted state wide since the late 1980s. That's when the legislature mandated reappraisal for all Kansas property. And hundreds of demonstrators have rallied on the statehouse steps pleading for relief. It's such a volatile issue in Kansas, that many political analysts say angry property tax protesters were key in the 1990 defeat of then-incumbent governor Mike Hayden. The nut of the lawsuit, according to the attorney general, is that the system used to determine property taxes is unfair and not uniform

state wide. According to a Department of Revenue memo, only seven of the state's 105 counties have appraised property right. The other 85 were found out of compliance with the state's guidelines. Commercial property taxpayers seem to be hardest hit. Stephan says because of that kind of evidence, the lawsuit should come as no surprise to anyone. [BOB STEPHAN]: This wasn't any secret to anyone. Governor Finney signed the new tax bill, the legislature passed it, everyone involved knew that appraisal in this state was, in the main, unconstitutional. It wasn't any secret to anyone. I ballyhooed myself all through the session, "Do something, or I'm going to have to file a lawsuit." [TAMA WAGNER]: What may come as a surprise is that Stephan has asked the court to prevent the state from collecting the property taxes in question until the problem is fixed. That means $480 million in property taxes used to pay

for state universities, social service programs, and the lion's share of public school would be shut off. Stephan says that kind of threat should be enough incentive to force officials into action. Stephan suggests the legislature may need to return for a special session to correct the problem. But state Senator Marge Petty of Topeka insists another session is not the answer. [MARGE PETTY]: So I'm not sure what more the legislature can do if it's an implementation problem. The issue is how are the values being done? How is this being carried out? That is an administrative issue. [TAMA WAGNER]: An issue that may be remedied with more training and better funding for county appraisers or increased state authority, according to Petty. But it's an issue that Revenue Secretary Mark Beshears says his office is already working to correct. Beshears says officials in the state Property Valuation Department have already visited a dozen or more counties in an effort to improve the appraisal system. Beshears contends

Stephan is overreacting, and he says this is a problem his agency will resolve in time. [MARK BESHEARS]: This is a massive undertaking to reappraise all state property. It hadn't been done for 25 years, and it can't be expected to be cleared up in a relatively short time. It's going to take a long time to work through the problems. The division was not given the resources or the tools to help the counties and act as a resource to help them clean up some of these problems. [TAMA WAGNER]: The legislature has given the department 15 new employees, and Beshears says they'll continue with on-site visits in counties that are out of compliance with state guidelines. But for Ben Frick, that's not the kind of solution he's after. Stephan told reporters that because property tax system valuations are so out of whack, that some Kansans may be entitled to refunds. And Ben Frick says that's what he's been waiting to hear. For Kansas Public Radio, I'm Tama Wagner in Topeka. ***** [TAMA WAGNER]: According to a Department of Revenue

memo, 98 out of Kansas's 105 counties have failed to correctly assess property taxes. Stephan blames incompetence and too little state oversight. But it's something property tax protestors have been alleging since the late 1980s. Stephan is asking to court to force officials to correct the problem. He contends until it's fixed, the state should not collect revenues based on the unfair system. He believes the best way to get action if to hit the state in its pocketbook. [BOB STEPHAN]: You hold a hammer with money, that's how you hold the hammer. And that's what this is -- this is a $482 million hammer that says, "You'd better get something done. Everybody knows it's wrong. Everybody knows it's unconstitutional." And so it's time to move. [TAMA WAGNER]: Revenue Secretary Mark Beshears admits there are problems, but argues Stephan is overreacting. Beshears points out it's been 25 years since the last reappraisal, and says in time the agency will work out the kinks. By the way, the revenue that Stephan would like to shut off funds Regents Schools, social service

programs, and a lion's share of public schools. At the statehouse, I'm Tama Wagner. ***** [MALE INTERVIEWEE]: I talked to one environmentalist who basically said, no big deal, you know, this is just a minimum, they haven't done anything. I guess my answer was, "Well, at least they've done what no other city in America this size has done." That has to make Kansas Citians feel good. That also gives you incentive, or it should give you incentive, to do a little bit better. [ROB HILTON]: Does this really mean that the air in Kansas City is dramatically better this year compared to last year? [MALE INTERVIEWEE]: No. In fact, that's part of kind of the funny thing behind all the hullaballoo about this. I was driving home last night and outdoor advertising agencies are donating billboards which say "KC WILL NOT LEAVE YOU BREATHLESS -- CLEANEST BIG-CITY AIR IN THE NATION." Well, it's just as clean as it was last year, and basically as clean as it was the year before that. The problem was on one or two monitored in Kansas City, a certain spike level was reached on a pollutant.

Therefore that meant the city's air was not officially clean. So I view this award as, it's great for the city to get the reputation that it has clean air, because it truly does, but if you're asking, "Boy, have you noticed a big difference?" or even is there a big difference? Absolutely not. [ROB HILTON]: What did Kansas City do right that other cities haven't done? [MALE INTERVIEWEE]: Well, Kansas City has had a little luck along the way, of course, in getting some of the companies that are just not polluters to located in Kansas City. In addition, the agencies that are in the city, such as the Kansas City Air Quality Control Unit, the EPA -- they've worked very hard with manufacturers in the area to cut down pollution. Now in addition to the companies doing well, we've also had some bad luck. The GM Leeds Plant closed down. And the GM Leeds Plant employed thousands of people making cars, but in the process, had a paint operation that was polluting the area. So it's kind of one of those good news/bad news

situations. [ROB HILTON]: What are environmentalists saying about all of this? [MALE INTERVIEWEE]: In general, I've talked to several who've worked long and hard to get this attainment, because it means something to them, too. At least, several that I've talked to. It means you can make a difference in the city. It also means, and this is very important for this whole argument right now about environmentalism versus job creation, that if you do something that is environmentally correct, clean up the air, you can create business. You can create a business climate that is conducive to having more companies come to town, more jobs being created. Therefore in this case, the rules are stacked in favor of a town or a city like Kansas City, that does the correct thing of cleaning up its air or working as hard as it can to clean up its air for the people who live here now and for the people who might come here. [ROB HILTON]: So you expect businesses to kind of cash in on this clean air theme? [MALE INTERVIEWEE]: Well, I think there are a lot of reasons that people come to a town, and certainly clean air is going to be

in there. I mean, you have taxes, you have schools. But, yes -- I think not having to pay the stiff pollution costs that it takes to build some of the equipment you do nowadays, and also just the worry of having a fine, you know, be hammered onto your head if you violate something -- that will be attractive to some companies. Now what I've written about has been to encourage the city of Kansas City, the EPA, and yes, the companies that move to the Kansas City area, that they better be careful. They better be good as they can be in controlling pollution with the most modern techniques known to man, because if we ever get out of compliance, then you're back at square one. Take the preventative action now, don't worry about the pain later. ***** [ROB HILTON]: The Kansas supreme court this month is considering a lawsuit that could prevent Native Americans from open casinos on reservation land. At stake are millions of dollars in potential gambling revenue. Tribal leaders already have approval from Governor Joan Finney to open casinos, but the state's attorney general claims any

casinos would be illegal because Kansas lawmakers weren't consulted. Representatives of the Kickapoo Nation, the first of three tribes to negotiate gambling agreements with Governor Finney, say the high court's decision could decide the future of their tribal economy. Kansas Highway 20 is a smooth blacktop that cuts straight across the 30 square mile Kickapoo reservation in northeast Kansas. For some Native Americans, Highway 20 is a reminder of where state prosperity ends and reservations poverty begins. Turn off the highway onto the reservation and you immediately run into large muddy potholes and crumbling asphalt. [SOUND OF CAR] The reservation infrastructure is collapsing. There aren't any supermarkets or hotels -- no police station, fire department, or hospital. Many reservation houses have smashed windows, overgrown lawns, and roofs that have caved in. The buildings that aren't vacant or boarded up, look more like military barracks than homes. Many of the

700 Native Americans who live on the reservation tell their leaders they want to be independent and take care of themselves, but so far, self-sufficiency has only been a dream for the tribe. Sixty percent of the Kickapoos are unemployed, and most are living on welfare in extreme poverty. [HARLAN CISNEROS]: Right here on the reservation, we're living 400 years ago. You know what I mean? All you have to do is go around the reservation, and you can see it. [ROB HILTON]: That's Harlan Cisneros, a 62 year old Kickapoo who's lived on the reservation for the past 15 years. His small house is surrounded by scattered pieces of rusty scrap metal, cinder blocks, and other debris. Cisneros says he sticks close to the reservation, because it's all he has. He points to his gray slacks, which are held together at the seams with safety pins. [HARLAN CISNEROS]: And shoes, I find them in the dump. That's- you just learn to live like that. You're poor, you just, you know, you learn to live poor. I pick up trash and stuff like that, and sell aluminum cans

and stuff. I had one time tell me, "Well why don't you go on back to the reservation where you belong?" I know they feel that way, so when I go in to get a 12-pack or something, one of these liquor stores around here, I said, "Well, I guess I'll get on back to the reservation where I belong." [ROB HILTON]: It's feelings like these that have made the reservation gambling issue in Kansas both complicated and emotional. Like many Kickapoos, Cisneros believes Kansas is discriminating against his people. He says Kansas politicians are ignoring Native American treaties with the federal government. Kickapoo tribal chairman Steve Kadue agrees with Cisneros. He claims that 19th century treaties make it clear that no one but the federal government has the right to negotiate economic agreements with sovereign Indian nations. But a majority of Kansas lawmakers earlier this year voted to outlaw casinos. They claim federal law gives state governments the right to regulate whatever they consider to be criminal activity. While Governor Finney vetoed the measure and reiterated her support of Indian sovereignty, Chairman Kadue says the legislature's action is proof that

the issue of casino gambling is a matter of racism, not law. [STEVE KADUE]: I refer to it as selective legislation based on race, because its purpose is against a racial group of people engaging in gambling. Kansas allows all types of gambling as a state. [ROB HILTON]: While Kansas does allow state-run lotteries and betting on race tracks, many lawmakers maintain casinos are a more dangerous form of gambling. Republican Senator Wint Winter says he voted to outlaw casinos, because he believes gambling halls would bring more crime and corruption to Kansas. [WINT WINTER]: In order to pick ourselves up, we should not put others down. And I fear that that's what will happen. That's the testimony, that's the evidence that has been presented before us, that in the case of Las Vegas-style casino gambling, that the overwhelming evidence is that the introduction of that activity in this state would cause suffering and hardship by many others.

[ROB HILTON]: Winter says he's seen FBI reports that prove organized crime is already infiltrating Native American casinos in southern California. In Kansas, some Indians on the Kickapoo reservation sympathize with Winter's concerns and say casinos are dangerous and immoral. Henrietta Holman has lived on the reservation for 20 years. She believes gambling halls on Kickapoo land would violate the religious principles of some Native Americans, as well as her own. [HENRIETTA HOLMAN]: I don't believe in any form of gambling. It's contrary to Bible principles. You know, there's all types of employment, but some are contrary to Bible principles. I would prefer employment which would be, conscience-wise, would be agreeable to all persons. [ROB HILTON]: While Holman agrees the conditions on the Kickapoo reservation are appalling, neither she nor Senator Winter could offer any remedies for the tribe's depressed economy. Tribal Chairman Kadue claims that's because there aren't any workable alternatives to casinos. He says reservations are simply unable to compete with wealthy cities to attract outside business. Kadue believes that casino

operations in other states like Minnesota are proof that gambling can save the Kickapoo economy. There are 14 Native American run casinos in Minnesota that together raise close to a billion dollars each year. Leonard Prescott co-chairs the Indian Gaming Commission in Minnesota and says that before the casinos were built, as much as 70 percent of the state's Native Americans lacked a high school education, adequate housing, and basic city services. Prescott says casinos have completely reformed the reservations in Minnesota. [LEONARD PRESCOTT]: We put in a $2 million sewage and water project, no cost to the state of Minnesota. We put in a $2 million housing project that are adequate houses for people to live in, and not the shells that Indian Affairs gives you. I think the quality of life on the reservation is 1000 percent better than it used to be. [ROB HILTON]: Whether casinos will have a chance to work in Kansas may ultimately depend on the U.S. Supreme Court. While Kansas attorney general Bob Stephan says he doesn't plan to appeal the upcoming state supreme court ruling, tribal leaders have threatened to take their case all the way to Washington. Many Native Americans say

U.S. treaties make their reservations sovereign, and that only the federal government has the right to negotiate economic agreements with Indian nations. Whatever happens, both Native Americans and state officials do agree something needs to be done to improve conditions on reservations. But until tribal leaders and government officials can decide exactly how to do that, Native Americans like Cisneros say suffering on Kansas reservations will continue. [HARLAN CISNEROS]: After fighting it all these years, you just get tired. You know, you say, "To hell with it." And turn it over to the young people. That's what we're trying to do. This casino gambling deal, it's not the gambling -- I don't even gamble -- it's jobs. And if it's run right, I think it'll benefit the tribe in many ways. We could be more self-sufficient. Maybe I'll get me a new pair of pants. [LAUGHS] [ROB HILTON]: The Kansas supreme court is expected to decide the legality of Native American gambling agreements with the state by sometime in July. This is Morning Edition. I'm Rob Hilton. *****

[TAMA WAGNER]: Stephan and his political ally Bob Storey, were indicted by a federal grand jury earlier this year. The charges are related to a sexual harassment lawsuit filed against Stephan by a former employee. This week's appearance will be on pretrial motions. Attorneys for the defendants will ask the court to dismiss all counts on a variety of grounds. They'll also request separate trials for Stephan and Storey. Because of Stephan's political position in Kansas, a federal judge from Utah has been called in to hear Thursday's motions. A date of the actual perjury trial has not yet been set. For Kansas Public Radio, I'm Tama Wagner in Topeka. ***** [TAMA WAGNER]: Representative Joan Wagnon says she has no idea why Stephan is filing this suit now. The Topeka Democrat says the last thing Kansas needs is a special legislative session or a school year disrupted. Wagnon believes the lack of evidence in this case may give the state its reprieve. [JOAN WAGNON]: I can't convince myself at this point that the courts

are going to take this terribly seriously. They don't have any good measures for what is either in or out of compliance. I don't know how you can sue us if we don't have the answer to that question. [TAMA WAGNER]: The logical move, according to Wagnon, would be for the Department of Revenue to establish some specific property valuation standards, and then actively monitor those standards at the county level. Stephan argues it's too late -- that the system is so messed up, only another statewide reappraisal can fix it. Terry Hamblin, a former state property valuation director, now assistant attorney general, will try the case. He advises all property owners in Kansas to pay their taxes this year under protest. He says that may be the only way they see refunds. For Kansas Public Radio, I'm Tama Wagner in Topeka. ***** [TAMA WAGNER]: The Clinton campaign says they'll mix old fashioned grassroots organizing with new high tech campaigning. And it'll only cost Kansans about $25 to see the presidential hopeful on TV. Clinton will address the so-called "Link Up America" parties in nearly

100 separate locations next Wednesday. Clinton is not the first presidential contender to use the electronic town meeting format. Independent candidate Ross Perot has also visited Kansas and other states thanks to a satellite hookup. Clinton's high tech fundraiser will be next week in Topeka. At the statehouse, I'm Tama Wagner. ***** [ROB HILTON]: A growing number of scientists today believe that high voltage power lines may cause cancer in people who live nearby. Some researchers claim the power lines emit a large electromagnetic field that slowly affects the central nervous system, leading to brain tumors and leukemia. While utility companies maintain power lines are safe, some neighborhood organizations around the country disagree and have started protesting plans by power companies to build high voltage lines near homes. A group of residents in Overland Park this year fought the placement of a transmission line in their neighborhood, and in Lawrence a group of residents is challenging Kansas Power and Light's plan to put a 115,000 volt

line near several homes. KPL wants to build the new power line in what's called the Pinckney neighborhood in Old North Lawrence. It's a middle class, historic community with century old homes, an elementary school, and a small park. A power line would span several blocks, past dozens of homes with families and young children. Steve Smith is one Pinckney resident with two daughters aged eleven and seven. He says he fears for his daughters' health, because he's seen more than 30 epidemiological studies that show the cancer rate for children who live near power lines is abnormally high. [STEVE SMITH]: How many children do we need to kill in the world to prove something? [ROB HILTON]: Smith notes researchers in Colorado conducted three studies in 1979, 1986, and again last fall that showed children living near power lines are two to three times more likely to get cancer. Smith claims the evidence should be enough to convince KPL to put the new power line somewhere else. [STEVE SMITH]: I can't believe that KPL can just write off all the studies that have been done that show some possible, casual,

slight, whatever it is -- there's enough evidence growing now that there is reason for concern. It needs to be avoided, and prudent avoidance is just real simple. Money has nothing to do with this factor. [ROB HILTON]: But KPL officials say money is an important factor. Spokeswoman Michelle Quackenbush says it could cost as much as two million dollars more to reroute the line, and that Pinckney residents would have to pay for the additional costs. Quackenbush says that's a high price to pay for something that may not be a problem. [MICHELLE QUACKENBUSH]: There is no conclusive evidence as of yet that indicates any type of adverse health effects associated with EMFs or high voltage power lines. Every study that comes out and says perhaps there's some type of correlation there, another study comes out to discredit that. It would be irresponsible for us as a utility company to perhaps be setting policy when, in fact, there is no conclusive medical evidence that substantiates any adverse health effects to the level of EMFs. [ROB HILTON]: Despite that, some noted scientists point to a growing body of evidence that shows EMFs may in fact be

hurting people. Dr. David Carpenter is dean of the New York State Department of Public Health. He says he was a skeptic about the threat of EMFs until he headed a 1986 study of cancer rates in Colorado. Carpenter now believes it's only a matter of time before researchers proved that electromagnetic fields are dangerous. [DR. DAVID CARPENTER]: I don't think the chances are very good that this is a strange, bizarre coincidence. The result has come from three different generations of studies. In spite of all this uncertainty, there is a consistency of the results coming out suggesting that there's at least a doubling of childhood cancer in children that live in homes where the magnetic field is elevated -- not because of the appliances in the room, but because of the power line in the street. [ROB HILTON]: Carpenter admits it will take years of intense research with controlled models to prove EMFs can be lethal. To give you an idea of just how complicated the EMF controversy can be, the federal Office of Technology Assessment in Washington recently issued a report that shows EMFs are everywhere. The OTS report states that sleeping with an electric blanket can expose you to more

EMFs than living next to a high voltage power line. The problem is that even if scientists prove that EMFs are causing cancer, it will be considerably more difficult to find the source of that exposure. EMFs are emitted by things like your refrigerator and microwave, or electric razors and hair dryers. So, what's the point of worrying about power lines? Pinckney resident Steve Smith. [STEVE SMITH]: I choose to use a hair dryer. I choose not to use an electric blanket. I choose to make sure that my children sit back from the TV six feet. The milliGauss readings at those levels are extremely- none! I do not choose to sit in my bedroom and read a book with no power on in my house, and still be bombarded by KP&L's infringement on my property with their magnetic fields. [ROB HILTON]: Until more conclusive evidence about EMFs is found, debates like the one between Pinckney residents in Lawrence and KPL will continue with little resolve. In the meantime, KPL spokeswoman Quackenbush says the current electric system in North Lawrence will likely fail by next fall unless a new power line is built somewhere. [MICHELLE QUACKENBUSH]: The bottom line is that we need to serve the

electrical needs of our customers in that community. And as the community continues to thrive and grow, we need to make sure that they have a reliable power source. That's what our business is. Obviously, we want to support additional research so that some type of conclusive evidence can be found, but until that time, it's necessary for us to continue to meet the loads of communities that continue to grow. [ROB HILTON]: If KPL decides to build the power line in the Pinckney neighborhood, residents say they'll file a petition with the Kansas Corporation Commission to delay construction or call on local city commissioners and state lawmakers to intervene. While neither local governments nor the KCC have direct jurisdiction in the matter, some city and state officials in other communities nationwide have been able to postpone power line construction. Two months ago in Overland Park, the city council backed residents' efforts against Kansas City Power and Light and its plans to build a high voltage line near homes. As a result, the utility agreed to reroute parts of the line.

Currently, three states -- New York, Rhode Island, and Florida -- have passed bills limiting EMF exposure, and four other states are considering legislation that would halt power line construction while EMF research continues. And recently an appeals court in Texas upheld a jury's 1985 verdict that a power company there had acted with reckless disregard for safety when it built a high voltage line near school property. The power line company was forced to move the line. In Kansas, KPL officials have agreed to study ways of rerouting their power lines, and say they'll meet with Lawrence residents to discuss plans for the future. This is Morning Edition, I'm Rob Hilton. ***** [TAMA WAGNER]: More than 300 potential candidates have refused recruitment offers this election cycle. Party officials say the negative political climate coupled with the expense of running for office are keeping good candidates away. Robert Swanson is the executive director of the state Democratic Party. [ROBERT SWANSON]: There are a lot of quality people out

there who would like to run for office, but our legislators are not paid that well -- particularly concerning what you may make as a private citizen. And it is a financial burden for these individuals to run for office. [TAMA WAGNER]: The average yearly salary of a Kansas legislator is about $15,000 dollars. Swanson says there are fewer people willing and able to sacrifice time and money to serve in the legislature. Steve Brown with the state Republican Party says the increasing negative attitude toward politics in general is also a factor in the lower number of candidates. At the statehouse, I'm Tama Wagner. ***** [VANCE HEINER]: Kansas City Police Captain Greg Mills said Peeler turned himself in on Sunday night after a woman describing herself as Peeler's girlfriend accused Peeler of punching her and throwing her to the ground. Peeler was already on five years' probation for biting a Columbia, Missouri woman and threatening her with a semiautomatic pistol. The 22 year old Big 8 Conference Player of the Year appeared in municipal court yesterday, and is now free on

$500 bond. Peeler is awaiting Wednesday's National Basketball Association draft, where he's expected to be a first round pick. For KANU, I'm Vance Heiner. ***** [TAMA WAGNER]: On paper, it may look like a good year to run for office. All 165 legislative seats are up for grabs, and dozens of longtime politicians are retiring, leaving seats wide open. But Steve Brown, executive director of the Kansas Republican Party believes the increasing negative attitude toward politics may be keeping good candidates away. [STEVE BROWN]: In this political climate in this political year, it's more difficult. The president isn't real popular, people aren't real in-tune to politics, and there's a lot of discontent about politicians in general. [TAMA WAGNER]: Republicans expect to have candidates in at least 110 of the 125 house races. Roger Aeschliman, the assistant to minority leader Bob Miller, says in all, candidate recruitment has been pretty good. Aeschliman concedes there are some

problem areas. He calls Wyandotte County, "the black hole," and notes it's especially difficult to find Republican candidates in that area. Wyandotte County has traditionally been a Democratic stronghold. Only one Republican in this decade has served in its legislature. Bill Spencer, the president of the Kansas City Community College, would like to become the second. [BILL SPENCER]: I have always had an interest in state government and local government, it's just that my job never allowed me to pursue my political interests. And since I'm retiring at the end of this calendar year, I will now have the time to spend on it. [TAMA WAGNER]: And there is not an incumbent in Spencer's race, but there is a Democrat. Kelly Kultala is a former lobbyist for the National Organization for Women. She now runs a home daycare center. Kultala believes it's a good year for a female candidate in Wyandotte County, and says it's also

time to put someone in the legislature who responds to the concerns of ordinary people. [KELLY KULTALA]: I've lived paycheck to paycheck. I've had to go without health insurance. I know what it means to have to find good child care and worry about what school system your kids are in. And, you know, that's the type of people I meet, and that's the type of people that I enjoy talking to. [TAMA WAGNER]: But Kultala and Spencer are two who said, "Yes," to running for state office. Hundreds of others declined recruitment offers. Tom Lange, the assistant to house speaker Marvin Barkis says it's never easy to run, because it's an enormous commitment. He adds most people who can win these races are already very busy in their communities. The executive director of the state Democratic Party, Robert Swanson, also says it's very costly to serve in the legislature. [ROBERT SWANSON]: There are a lot of quality people out there who would like to run for office, but our legislators are not paid that well -- particularly

concerning what you may make as a private citizen. And it is a financial burden for these individuals to run for office. [TAMA WAGNER]: Swanson says they're finding fewer people willing and able to sacrifice financially. The average salary of a legislator is about $15,000 a year. But comparison, it costs anywhere from $6,000 to $25,000 to even win a seat. Bob Marden, an assistant to senate minority leader Jerry Karr says it's also a myth to believe serving in the legislature is only a part time job. He says many employers are no longer willing to give time -- up to three month off each year -- for political service. Wednesday is the filing deadline. Both sides now say it's a waiting game to see who will really go ahead and file for office. For Kansas Public Radio, I'm Tama Wagner at the statehouse. [SILENCE] [SILENCE]