Arizona Republic from Phoenix, Arizona • Page 7

''UUttS'-i'. ML The Arizona Republic thursday, february 23, 1989 Bola brouhaha ends as judge pulls wrap off contentious tie Amphitheater plan backed; fight vowed By Martin Van Der Werf The Arizona Republic has A cover-up at the Capitol worn this in court proceedings, in depositions, the law library, and there has been no outcry." He then gave the bola to Rogers, who examined it and declared that it should be put back on display. "It's about time," Roberts, 26, said by telephone from Arlington, where she works as a bartender. "I didn't realize Arizona was such a communist state." She said she made the bola tie for an art class at Northern Arizona University. It was meant to depict several impressions of masculinity, said Roberts' mother, Jean Reed Roberts.

Several charms dangle from the bola's clasp, including a football, a padlock, a ball and chain, a pair of pliers and a glass slipper. See CONTROVERSIAL, page B4 lobby of the Capitol's Executive Tower. It had been displayed for several weeks at the beginning of the exhibit, but that portion of the clasp depicting the male sex organ was wrapped in a piece of cloth. The museum's curator, David Tatum, said at the time that he decided to cover the bola, but he declined to explain why. The family of the tie's creator, Rebekkah Roberts, demanded that the tie be uncovered and, when it remained veiled, eventually asked that it be taken down altogether.

On Wednesday, Kraig Marton, Roberts' attorney, strode into a courtroom wearing the center of the controversy around his neck. "We're dealing with censorship in its worst way," Marton said. "I've been exposed. Capitol staffers have been ordered by a judge to rip the cloak from the clasp of an allegedly offensive bola tie, baring it for all to see: a bronze depiction of the torso of a sexually aroused male. But if you want to see it, you'd better hurry.

The tie, controversial since it was put on display in late January, will get only four days of full exposure. The order from Maricopa County Superior Court Judge Alfred Rogers lasts only until the bola-tie display is taken down Tuesday. Rogers, without comment, granted an order Wednesday that the bola be hung au naturel in the 3 miles jrV ArealnLJ H- detail Site of I I proposed I Phoenix 1 amphltheaterj I Union Hills Dr-J Bell Rd. Kralg Marton The attorney, wearing the bola tie, says, "We're dealing with censorship in its worst way." 6V2 -hour hearing yields acrimony, litigation threats By Venita Hawthorne James The Arizona Republic Opponents of a proposed amphitheater in northeast Phoenix vowed a legal and political fight after the Phoenix Planning Commission recommended early Wednesday morning that the facility be constructed. After a turbulent 6'i-hour hearing, the commission voted 5-2 to recommend that the City Council grant a use permit for the $13.4 million project near Tatum Boulevard and Union Hills Drive.

The council, which approved a lease agreement with Florida entertainment entrepreneur Zev Bufman a year ago, will likely approve the permit when it meets March 7, opponents believe. Bufman would operate the facility, and the city would own it. "We are a bit pessimistic at this point," said Shari Howard, a spokes- The Arizona Republic woman for the Alliance of Northeast Phoenix Residents. "The City Council has already signed the contract. Are they going to concede it's a bad idea?" Area residents and business owners plan to attend the council meeting in a last-ditch effort to defeat the project.

The council meeting will be the fourth public hearing on the amphitheater; two Paradise Valley citizens groups held hearings prior to the the Planning Commission hearing. Howard and other opponents Sec AMPHITHEATER, page B7 Appeal is planned on Gerard closure 'Cold decision' faulted; diocese says outcry futile By Karen McCowan The Arizona Republic Gerard Catholic High School students and parents, upset over a decision by Phoenix Bishop Thomas J. O'Brien to close the school, will appeal the action by sending a letter and a petition to the bishop's superior in New Mexico. "This cold decision does not minister to Catholics," states the letter, which more than 300 parents and students said Wednesday they will send to Archbishop Robert Sanchez in Santa Fe later this week. The parents also contended that they were kept in the dark about financial problems that are forcing the closure, and that they first would like to explore alternatives for keeping the school open.

But Phoenix Diocese officials told the parents at a Wednesday night meeting that their protests are futile. "The decision has been made," said diocese Superintendent Elizabeth Mceghan. "We are here to explain the process and listen to your pain." Students and the press were barred from the meeting. Outside, nearly 200 students dressed in black participated in a candlelight vigil. Earlier in the day, students wept with their principal at an emotional assembly that at times turned confrontational against O'Brien, who detailed why the school will be closed in June.

Many of the students wore school bumper stickers on their clothing, altered from "We Chose Gerard" to "He Closed Gerard." The makeshift signs referred to O'Brien's announcement Friday to close the 25-year-old parochial school, at 2252 N. 44th St. The Rev. John Hanley, Gerard's principal since 1985, struggled to control his emotions as he told students that he began to question the school's future more than a year ago See PARENTS, page B6 Tim RogersThe Arizona Republic Tribal Council members (from left) Percy Deal, Daniel Tso and Marshall Plummer prepare to meet with supporters of Peter MacDonald. Furor over Navajo chairman intensifies Quadriplegic to go on trial in dumping of toxic wastes But in a report filed last week, the investigator said that "while it was precisely true that no evidence of wrongdoing on the part of tribal officials was found, it was in fact because the presence of substantial and serious criminal investigations by federal authorities made the gathering of any evidence one way or another impossible." The final report was written by special counsel Michael Hawkins, a former U.S.

attorney who had unsuccessfully prosecuted MacDonald in 1977 on charges that he defrauded Tucson Gas and Electric Co. of about $8,000. Hawkins was hired by the Navajo Tribal Council to independently investigate the purchase of the ranch in northwestern Arizona. See PROBE, pageB4 Ranch probe stymied by lack of cooperation By Mark N. Trahant The Arizona Republic The.

principal players in the Navajo Tribe's 19.87 purchase of the Doquillas Ranch, including Tribal Chairman Peter MacDonald, refused to cooperate with a tribal investigation of the deal, making any conclusions impossible, tribal documents indicate. Tribal leaders claimed last year that a briefing by the former U.S. attorney who handled the probe had "exonerated" tribal officials, although the tribal leaders refused to release details of his findings. Council session boycotted by majority faction By Bill Donovan Arizona Republic Correspondent WINDOW ROCK A majority faction of the Navajo Tribal Council staged a boycott Wednesday, blocking resumption of the body's winter session until a court challenge of the faction's efforts to remove Chairman Peter MacDonald is resolved. Duane Yazzie, one of the leaders of the anti-MacDonald faction and a council delegate from Shiprock, N.M., said the group decided not to attend the winter session until after a judge holds a hearing on a temporary restraining order issued Tuesday.

Kayenta District Judge Harry Brown issued the order, which restored MacDonald to his position as chairman after the council had placed him on administrative leave. The judge also ordered the council not to take any further action to suspend MacDonald until a hearing could be held Friday in Kayenta. MacDonald has been under attack by a majority of the council delegates for the past week. On the council voted 49-13 to replace MacDonald with a temporary chairman and put him on administrative leave with pay because of allegations that he received kickbacks from reservation contrac- See MAJORITY, page D4 mandatory prison terms. The Arizona attorney general's office is prosecuting the case.

David Ronald, an assistant attorney general who directs the office's hazardous-waste enforcement unit, said Wednesday that ethical constraints prohibit him from commenting on the case. "Why all of this has happened will come out as the trial proceeds," Ronald said. However, Charles McNulty, a Phoenix defense lawyer representing See QUADRIPLEGIC, page B5 By Brent Whiting The Arizona Republic Alan Eve, a Phoenix bookkeeper who is paralyzed from the neck down, is accused of polluting the environment, and if found guilty, he would go to prison for 9'i years. Eve, who is confined to a motorized wheelchair, goes on trial Monday, accused of dumping toxic wastes. The case involves a Phoenix metal-plating firm where Eve worked as a bookkeeper and office manager.

Eve, 37, and two other defendants in the case, if found guilty, would face Populists are looking to wisdom of Mecham, ex-Klansman I reached Bill Chandler in Camp Verde a few minutes before he was to meet a Phoenix TV news crew flying EJ. M0NTIN1 Republic Columnist sounds racist," he said. "People are always confusing us with racists." Gee, I wonder why? Earlier this month, the Populist Party sent out thousands of letters on the party letterhead, announcing its upcoming convention. The letter was designed to draw people to the party gathering, primarily by boasting about its two speakers, David Duke and Evan Mecham. The letter was written by Populist Party Chairman Tom Mclntyre to his "Dear Friends." It reads in part: "As you undoubtedly know, Evan Mecham is the courageous patriot who was persecuted by the Arizona establishment because of his fearless espousal of Populist viewpoints and policies as governor.

He is greatly admired by millions of Americans all over the country. We feel that having Governor Mecham, a national hero, at our convention, is an honor and is also a real breakthrough for the Populist Party. It is because of our great progress the last two years that we can obtain -speakers the caliber of Evan Mecham." said. "But I have seen some of the results of the Klan. My sister at one time was in Texas, and a black raped a white woman and was caught in the act.

And they got rid of him." Then he paused again, adding, "Not that I condone it." Of course not. The party does, however, condone the idea of declaring America a "Christian nation," as was done recently by the Arizona Republican Party. "Sounds like they're acting like Populists," he said. I'm sure they'd love to hear that, he was told. "That's a Populist Party stand," he said.

"In a democracy, you go by hat the peop'e say. We're a democracy, with a majority of Christians. The problem is that we're being overrun by minorities. Minorities are running the country. We need to get back and protect the people ho developed this place." Meaning white people? he was asked.

"You could put it that way, but that Populist Party presidential candidate." So did Bill Chandler in Camp Verde. He told me that he even wrote to Mecham once, suggesting the idea, but the impeached governor was more interested in the Republican party nomination. Perhaps even on a ticket with Duke. Who can tell? When I asked Chandler about Duke's involvement with the Klan, he said, "I can't understand why that is a problem. He disassociated himself 10 years ago in that." Then he paused, for effect, adding, "And besides, (President) Bush didn't disassociate himself from another organization that was probably more insidious and done more damage to the American people than the Ku Klux Klan ever thought of doing." What's that? he was asked.

"The Trilateral Commission." I should have known. What about the Klan? Chandler was asked. "I never did belong to the Klan," he book, Come Back America." Imagine that. Over the past couple of days, I've spoken as well with Don Wassail, the executive director of the Populist Party, which has its headquarters near Pittsburgh. 1 asked him about the party's racist reputation, given the fact that Duke, who used to walk around in a Nazi uniform, was their presidential candidate.

"With Duke," he said, "the Klan thing is unfortunate. But you know, we're a relatively small party. You don't have 20 or 30 guys to choose from. We looked at a couple of guys, and ended up with Duke. If you can get by the hysteria of the white-supremacy stuff, what he's saying is pretty good.

Getting by any "white-supremacy stuff" has never been a problem for Evan Mecham. Maybe that's why Wassail added, "In fad, Duke, says a lot of the same things as Mecham. The truth is, we thought Mecham would have made a great up to see him. Chandler is the spokesman for the Populist Party in Arizona and the man who says he got former Gov. Evan Mecham to appear at the Populist Party convention next week with David Duke, the former grand wizard of the Ku Klux Klan who recently was elected to the Louisiana state Legislature.

Duke was also the 1988 presidential candidate of the Populists. Now, he is a Republican. Like Mecham. Bill Chandler told me, "I never got involved in politics until I read some of the books of some people, like Mecham, that tells us what in the world is going on in this world." In his admiration. Chandler appears to have adopted Mecham's speech patterns.

He said, "We (Populists) like Mecham because of his populist ideas in government. As a matter of fact, our entire platform could have been taken from his.