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Lewes, Delaware
Jim's Towing Service
February 21, 1997     Cape Gazette
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February 21, 1997
 

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Police Continued from page 1 back of a bench in a boardwalk pavilion. The incident occurred on Au- gust 22, 1996, and the complaint was filed Sept. 11, 1996. Mason's trial for disorderly conduct and re- sisting arrest is set for Sussex County Family Court, March 6. He is pleading not guilty to both charges. On Jan. 2 of this year, the Re- hoboth Beach Police had charges dismissed in the arrest of John W. Petsinger of Philadelphia for dri- ving under the influence (DUI) and speeding. Petsinger was ar- rested on May 24, 1996. In the January trial, Judge Truitt ruled that Petsinger's arrest was illegal and dismissed charges. On that same day, Petsinger sur- rendered to a warrant for his arrest on harassment charges that Doyle has filed against him. Petsinger's trial for harassment is scheduled for Wednesday, April 9 in Court of Common Pleas. Doyle said that he cannot be specific about the harassment charge since it is in litigation. However, Petsinger said that the charge stems from correspon- dence with the police department regarding what he perceived as discrepancies in the arrest account which he felt showed it to be an il- legal arrest. In the meantime, the dismissal of the traffic charges against Petsinger is being appealed. There is no confirmation that the request for appeal has been granted. Doyle said he did not request an appeal, but that the state attorney general's office filed for the ap- peal because the case is similar to another DUI case that occurred in the area, and that case was also dismissed. He said the deputy at- torney general prosecuting the case told him that the attorney general's office wanted to appeal the cases together because of their similarity. Tracey Branton, a pas- senger in the car driven by Petsinger at the time of his traffic arrest, tells a different version of the appeal issue. Branton, who was a witness in the traffic trial, said at the conclusion of the trial he overheard Doyle ask the prose- curing attorney if the judge's rul- ing could be appealed. Petsinger said that information he received from his attorney indi- cated that the appeal was based on alleged suppression of evidence that was essential to the prosecu- tion's case. The evidence in ques- tion allegedly is related to whether or not Doyle was present during Ptrl. Mark Little's administration of field sobriety tests. According to Petsinger, Doyle made the initial traffic stop of the vehicle that he was driving; but he then called for a back-up, and Lit- fie is recorded as the arresting of- ricer. The nature of discrepancies that Petsinger alleges include Doyle falsely reporting the time Martin (Formerly of Jillian'$) E Proudly presents CAPE GAZE'IrE, Friday, February 21- February 27, 1997 - 17 he observed his car, and the time not sure what is involved in re- dons. He said it's the police offi- and distance that he "paced" it to determine speed, and falsely re- porting occurrences at the time of the traffic stop. In the case of the complaint of writ of mandamus, McMahon was unavailable for comment. Howev- er, in the papers filed in Superior Court, he states that he was em- ployed as a police officer with full police and arrest powers, and on June 14, 1996, he was informed by the defendants (Doyle and Re- hoboth Beach Police) that unless he signed a letter of resignation, disciplinary action would be taken against him. He also states that as a direct result of the threat made against him, he signed a letter of resignation on June 14. Included in the complaint is the statement that, according to the Officers Bill of Rights, he was en- tided to a hearing prior to the ap- plication of discipline. McMahon now alleges that his resignation was obtained by duress and under threat of unlawful disciplinary ac- tion; and he asks that his resigna- tion be set aside and a full hearing granted. Neither Doyle or Greg Ferrese, city manager, would comment on the nature of actions that might have led to the demand for McMahon's resignation. Ferrese said that Doyle has authority over part-rime employees, and does not have to refer to other city officials. The chief of police said that he is referring the summons to Walt Speakman, city solicitor; and he is Bonnie G. (Of Philadelphia & Cherry Hill) Three Additional Stars to Our Casfl Meet them in person by calling 227.-1960 for an appointment. Kathi Jenkins (Formerly of Jillians) sponding to .the writ. Ferrese said, in the Petsinger case, he supports the police de- partment in reacting to what offi- cers perceived to be traffic viola- Sussex mobile home The manufactured home indus- try continues to take exception to some elements of a new county ordinance designed to ease restric- tions on where homes may be placed. The concern comes de- spite the fact that the industry has a great deal to gain from the ordi- nance. The proposal, which was dis- cussed at public hearings on both Feb. I3 and Feb. 18, calls for manufactured homes to be placed on lots as small as one acre in the Agricultural Residential Zone. That is a reduction from the pre- sent five acre requirement and it's a major victory for the manufac- tured home community which has argued long and hard that a five acre requirement discriminates cer's call in such a case, and the city wins some and loses some. He also said the city has no role in the harassment suit filed by Doyle against Petsinger. ordinance draws ire against manufactured housing and turns them into second class citi- zens. The proposed ordinance is also considered a win for the farming community, which worried that five acre lots were eating up too much land. That was cited as a major reason for the moratorium by Sussex County Council last year. Councilman George Collins initially proposed that moratori- um, most of which has been lifted. County Council took no action on the ordinance, because Sussex County Planning and Zoning has deferred action on it. County Council must either wait 45 days or until it receives a recommenda- tion from the Planning Commis- sion. Do DowrieS. Join the Blue Diamond Club (Membership is Free) Earn points by playing. Redeem points for these exciting prizes: All-expense paid cruise for two to the Bahamas, Mexico or Bermuda! Food comps in the Garden Cafe and Winners Circle Dining Room! 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