2—The Daily Collegian Wednesday, Jan. 12, 1994
Defense attorney requests change
By JULIE NASH
Collegian Staff Writer
Saying it would be impossible for Jaines
R. Cruz to have a fair trial in Centre
County, First Assistant Public Defender
Deborah Lux requested a change of venue
or venire at a pretrial hearing yesterday.
Cruz, 36, of New Waterford, Ohio, is
accused of kidnapping 17-year-old Dawn
Marie Birnbaum, raping and killing her
and then dumping her body in a snowbank
near state Route 26 in Spring Township.
A change of venue would allow the case
to be tried in a different county, and a
Casey back but Singel still
By JULIE NASH
Collegian Staff Writer
With Gov. Robert P. Casey back
on the job, it would seem as if
Lt. Gov. Mark Singel would have
plenty of free time but that isn't
the case.
While Singel was acting gover
nor, he was also fulfilling his role
as lieutenant governor, said Susan
Woods, Singel's press secretary.
The only difference now is that
Singel is concentrating all of his
time on lieutenant governor
responsibilities.
"So now he is not super, super
busy but still busy," Woods said.
In addition to chairing the state
Board of Pardons, Singel is push
ing to get a comprehensive 13-bill
package calling for local tax
reform through the state Congress.
The package would cause
sl mo
gets
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salad
change of venire would allow jurors to be
brought in from another county.
Lux said Cruz's prior criminal record
including speculation that he could be
linked to a series of killings has circu
lated throughout local newspapers, tele
vision news programs and radio
broadcasts, resulting in a prejudiced jury
pool.
"To try Mr. Cruz in Centre County
would not give him the right to a fair tri
al," Lux said. In order to select jurors, the
county looks at driver's license records
and voter registration, she said. About
60,300 Centre County residents includ-
"Governor Casey has basically been closeting
himself with the budget secretary and advisers."
changes to be made in areas rang
ing from income and sales taxes
replacing property taxes to chan
ging the assessment law.
Singel has been busy this week
helping with storm recovery in
Central Pennsylvania. In regards
to Singel's potential gubernatorial
campaign, Woods would not com
ment and Ed Pavy, Singel's cam
paign manager, could not be
reached for comment.
Since Casey's return to office on
Dec. 21, Casey has spent much of
his office time in budget meetings,
said Vince Carocci, press secre-
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ing students are registered to vote.
Because of the nature of the case and its
publicity, Lux said a change of venue
would be necessary for Cruz to get a fair
trial in Centre County. She submitted
articles and scripts from local news
media, noting that the Centre Daily Times
named Cruz's arrest the top local news
event of 1993.
Rockview State Police Trooper William
Madden also testified that he discussed
publicized information on the case with
about 100 students in criminal justice
classes.
busy
Vince Carocci
Casey press secretary
tary. Casey is now in the process
of working on the 1993-94 state
budget.
"Governor Casey has basically
been closeting himself with the
budget secretary and advisers,"
Carocci said. Casey will give his
State of the Commonwealth
address on Jan. 26, he said.
Along the lines of health care,
Casey met with the Breast Cancer
Coalition to determine what efforts
are being made to treat women
with breast cancer. He has also
been briefed about the child health
insurance program's success.
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Groups sue state over new
By LEE LINDER
Associated Press Writer
PHILADELPHIA Health
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Under Pennsylvania's current
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reported the crime to the police
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of venue in Cruz trial
Ray Gricar said because the case is about
two months away, he doesn't see the need
for a change of venue or venire. In the
next few weeks, Lux will file her briefs
for the judge to review, Gricar said, add
ing that he will file his briefs after Lux.
Lux also called for a gag order to be
placed on "all parties involved" in order
to limit case discussion. Gricar objected
and the motion was overruled. Jury
selection is scheduled to begin March 14.
Lux asked the court to suppress evi
dence, including the search warrant for
Cruz's blood and hair, as well as an
interview conducted by Madden and State
caid coverage for abortion rep
resents a ban on abortion," said
Kathryn Kolbert, vice president
of the Center for Reproductive
Law & Policy and co-counsel in
the federal lawsuit.
"This law jeopardizes the lives
of very sick women and forces
women who have already been
subjected to a vicious crime to
endure an unwanted pregnancy
against their will," she said.
The lawsuit, which names Gov.
Robert P. Casey and Public Wel
fare Secretary Karen Snider and
other state officials as
defendants, charges that the
constitutional rights of poor
women are violated "by impos
ing conditions on Medicaid cov
erage for lifesaving abortions,
conditions that will likely result
in women's deaths or serious
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College FBI Agent Randy Cohick prior to
Cruz's arrest.
Cohick said he did not force Cruz to
speak to him but asked if he could ques
tion him at Century Industries, the truck
ing company where Cruz was employed at
the time.
After the interview, Cohick, Madden
and FBI Agent Gordon Johnson of
Youngstown, Ohio, took Cruz to a local
hospital for blood samples, Cohick said.
He added that because Cruz was not taken
into custody, he was allowed to walk
around "at his own free will" and was not
read his rights.
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deterioration of their medical
condition."
Casey spokesman Vince Car
occi said he had not seen the
lawsuit, but said the governor
"would be very vehemently
opposed to any notion that a
bureaucrat of the federal gov
ernment can effectively render
parts of state law null and void
by federal edict."
In October, Congress changed
the law, which since 1985 had
banned such abortions, and
President Clinton directed that
all states use medical assistance
funds for abortions to save the
life of the pregnant women who
survive rape or incest.
Kolbert called the lawsuit
"part of a national strategy to
ensure that every state obeys it,
Pennsylvania included."
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