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Full text of "Free press versus fair trial : the circumvention of the sixth amendment"

SWEET BRIAR COLLEGE 



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Digitized by the Internet Archive 

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http://www.archive.org/details/freepressversusfOObask 



free Tress Versus Jair Triat: 
The Circumvention of tfte Si?ctfi Jlmencfment 



Tfaum M. 'Bos kin 



A Tfiesis Presented to the Qovemrmnt Jacutty ofSzueet CBriar CotCege 



// 



I4-oy\-^'^-^ 







(Dedicated, Witfi Love, 
n^o The Memory of 
Harris CBaslqu, Sr. 



TaSU of Contents 

I. Introduction page 1. 

n. History of Bar-Press Conflict page 5. 

m. The Reardon Report, page 19. 

The Medina Report, 
The Twentieth Century Fund Report 

IV. Constitutional Aspects page 49. 

V . Cases From Atlanta page 73. 

VI. Resolutions & Recommendations page 96. 

VII. Bibliography page 115. 

Vni. Appendix page 124. 

Reardon Report 
State Codes 
Julie Love Case 
James Caldwell Case 
Kenny Hardwick Case 
Fredric Tokars Case 



Cfuvpter I 
Introduction 



"Democratic institutions awaken and flatter the passion for equality without 
ever being able to satisfy it entirely." Decades before mass communication 
would revolutionize the interpretation of the Constitution of the United States, 
a French native identified the inherent problem of American democracy. A 
century and a half after the above observations, Henry J. Abraham decreed that 
the conflict had yet to be resolved. 

It is easy to state the need for a line between individual rights 
and the rights of the community, but how, where, and when 
it is to be drawn are questions that will never be resolved to 
the satisfaction of the entire community. Liberty and order 
are difficult to reconcile, particularly in a democratic society 
such as ours. We must have both, but a happy balance is not 
easy to maintain.^ 
Of the entire United States Constitution, Americans are arguably most 
familiar with the First Amendment and its protections of basic civil liberties. 
Indeed, most Americans would list the freedom of speech or the freedom of the 
press as the most important of the Bill of Rights. Unfortunately, one right 
cannot be declared to be more important than those rights declared its equal. 
"Under the law there is no priority listing among the first ten amendments. 
Freedom of the press, as guaranteed in the First Amendment is no more or less 



Alexis de Tocqueville. Democracy in America . Mayer, J.P ed. George Lawrence, trans. New 
York: Harper & Row Publishers, 1969. 
2 Henry J. Abraham. Freedom and the Court . New York: Oxford University Press , 1967, p. 3. 



important than the guarantee of a fair trial, covered by the Sixth 
Amendment. "3 The authors of the Constitution, however, could not have 
envisioned the technological revolution that has occurred in the last century. 
Therefore, they could not have foreseen the constitutional questions and 
battles that have resulted from the rise of mass communication. 

In isolation from historical context, the First and Sixth Amendments do not 
appear to overlap and a constitutional debate does not seem necessary. In fact, 
one scholar has suggested that the two amendments even reinforce each other 
by their structure and the intent of the framers of the Constitution. "When the 
press performs properly, it helps to promote the right of due process. And on 
their side, the courts are the means of upholding and implementing the rights 
of a free press.'"* However, with the advent of mass subscription newspapers, 
radio, and television, the constitutional lines have been blurred and new lines 
for a battle have been drawn. The North Carolina Law Review describes the 
conflict that has arisen between the First Amendment's protection of the press 
and the Sixth Amendment's protection of a fair and impartial trial. 
Free press - fair trial stands at the intersection of the First 
amendment and criminal procedure. The substantive problems 
of reconciling the incongruous constitutional interests create a 
"dvil libertarian's nightmare."^ Those who would disclose 
public business to the public are normally protected from state 
interference. The rights of the media to publish and the public 



■^ Kenneth Devol. Mass Media and the Supreme Court . New York: Communication Art Books, 

1971. 
^ John Lofton, justice and the Press . Boston: Beacon Press, 1966, p xii. 
^ Hentoff. "Civil Libertarian's Nightmare: Free Press Fair Trial," Civil Liberties. February, 

1973, at 4. 



to receive full reports of criminal proceedings may, however, 
encroach upon the rights of the litigants. The media may 
express opinions, reach conclusions and publish facts which are 
inadmissible at trial or which stir group hostilities. When this 
occurs, a fair trial may be difficult or impossible since a jury or 
potential jury may have been improperly influenced. Thus 
some limit on disseminating information about criminal trials 
is considered necessary.^ 
Though the two constitutional guarantees have conflicted throughout the 
entire political history of our nation, "the problem has come into particularly 
sharp focus since the dawning of our modern age of omiupresent mass 
media."7 According to those advocating the "fair trial" side of the debate, 
"the dangerous initiative that newspapers have taken in judgment and 
convicting out of court is journalistic lynch law. It is mob murder or mob 
acquittal in all but the overt act."^ "Most American television stations 
reproduce all night long what a Roman could only have seen in the Coliseum 
during the reign of Nero."^ Obviously, the tension between free press and 
fair trial rights is ripe for exploration. 

Beyond the conflict, this thesis will prove that there is a pattern of 
circumvention by the printed press of the Sixth Amendment's guarantee of a 
fair and impartial trial. With investigative reporting that is unparalleled and 



Douglas Rendlemann. "Free Press - Fair Trial: Review of Silence Orders," North Carolina 

Law Review . Vol 52. November, 1973, p. 127. 
^ Samuel G. Riley. The Free press - Fair Trial Controversy: A Discussion of the Issues Involved 

and An Examination of Pretrial Publicity by Survey Research . Ph.D. Dissertation, 

University of North Carolina at Chapel Hill, 1970. 
^ Chicago Tribune. 1924 quoted in Donald Gilmore. Trial by Newspaper . Washington, D.C.: 

Public Affairs Press, 1966, p. 44. 
^ George Fauldy. Quoted in William L. Rivers and Cleve Matthews. Ethics for the Media . 

New Jersey: Prentice Hall, 1988, p. 207. 



unprecedented, print journalists have become self-appointed police officers. 
With newspapers' defense or prosecution of individuals accused of crimes, the 
print medium has willingly embraced the role of advocate. Finally, with 
reporters fostering public perception of guilt or innocence long before any trial 
reaches the deliberation stage, the printed press now acts as judge and jury. 

This thesis focuses on the practical application of two constitutional 
guarantees and the impractical dichotomy that has arisen between them. The 
free press versus fair trial debate can be fought at the theoretical level in the 
highest court of the land; however, the actual rights of individual citizens may 
be circumvented during the debate. This study will outline the history of the 
bar and press conflict beginning with the Lindbergh kidnapping case through 
the Warren Report following the assassination of President John F. Kennedy. 
Relying on the recommendations of the Warren Report and the Reardon, 
Medina, and American Society of Newspaper Editors Reports, this thesis 
examines the recent history of attempted bar and press resolutions to the free 
press - fair trial conflict. The thesis then explores the constitutional aspects of 
this debate. Thus, Chapter Four discusses the First, Sixth, and Fourteenth 
Amendments and the cases that brought the conflict to the attention of the U.S. 
Supreme Court. Description of trials from the Atlanta metropolitan area in 
Georgia, which serve as representative cases of where the free press - fair trial 
conflict has arisen, follow in the fifth chapter. The actual newspaper articles 
will be presented in full in the appendix to this thesis. In addition, the study 
identifies the constitutional issues raised at the local level. Finally, this thesis 
presents recommendations for the resolution of the conflict. 



CfuipUr II 
^History oftfie Tress- 'Bar Conflict 



Andrew Sherriff, the Chairman of the American Bar Association's Press-Bar 
Committee, stated in addressing the American Society of Newspaper Editors in 
1930 that the popular election of judges led to the ". . . deplorable fact . . . that 
there has been too often an appetite on the bench itself for sensational publicity. 
In these cases ... it is for conscientious press to regulate the desires of the 
judge. "1 Sheriff continued his appeal that the motivations behind the 
prosecution and the defense also be understood by the press. "[H]e suggested 
that reporters could . . . pay less attention to the outside utterances of partisan 
prosecutors, and lawyers on one side or the other of cases in court. Their 
opinions and predictions are naturally biased, their statements of fact are likely 
to be colored ... ."2 Though the need for resolution of the issues was 
apparent five years before the Hauptmann trial in 1935, discussion of the issues 
was postponed until 1936. The Lindbergh baby kidnapping and the ensuing 
trial are "generally named as the event[s] which gave impetus to the ban-the- 
the-photographer movement, a brief look at the conduct of members of the 
press and the bar is in order. "3 

The description of the defendant at trial was closer to fiction than 
journalism. 



1 American Society of Newspaper Editors. Problems of loumalism . Vol 8. New York: American 

Society of Newspaper Editors, 1930, p. 120. 
2/fcjd,p. 127. 
^ Robert George Kingsley. An Historical Study of Cooperation Between Press and Bar 

Associations : Thesis , University of Missouri, 1967. p. 17. 



On the stand he [Bruno Hauptmann] seemed completely devoid 
of human characteristics, his face botched, his mouth sagged, his 
eyes avoided all other eyes that stared at him. He made senseless 
denials. He laughed pointlessly. I found myself thinking that 
the creature must be insane, and then I began wondering if this 
too were not a carefully calculated pose, if, when a point came 
when there was no answer. . . Hauptmann would not leap and 
scream and rave, posing as an out and out madman.'* 
This is an example of the "objective" reporting surrounding the trial of the 
Lindbergh kidnapping. On the morning of March 1, 1932, Charles Lindbergh, 
Jr., during an attempted kidnapping, was struck on the skull and killed. The 
small baby was buried in the woods behind his parents' house. The 
sensationalism surrounding the kidnaping and murder focused on the famous 
parents, Charles and Anne Lindbergh, and their pathetic plight into tragedy. 
The country screamed for justice. "More than 700 newsmen and 130 
photographers crowded the tiny town of Flemington, New Jersey, and the mere 
curios sometimes reached 20,000 in a single day. "5 Ultimately, Bruno 
Hauptmann was arrested, tried, and executed. Newspaper headlines declaring 
the public sentiment of Hauptmann's guilt "titillated readers long before the 
trial began. "^ The Lindbergh trial was the first that prompted debate about 
the intense influence of newspaper and radio reporting of the pre-trial and trial 
activities. "When the police found ransom money on Bruno Hauptmann . . . 
and arrested him for murdering and kidnapping the Lindbergh baby, the press 
seized on this and would not be appeased until Hauptmann was convicted and 



** Kennedy Ludovic. The Airman and the Carpienter . New York: Viking, 1985, p. 204. 

5 Donald Gilmore. Free Press and Fair Trial . Washington, D.C.: Public Affairs Press, 1966, p. 

44. 
^ Ibid, p. 44. 



executed, a series of events that it helped bring about. "^ Reporters violated 
every possible code of journalistic ethics and the law in their pursuit of fresh 
leads in the Lindbergh case. "They routinely resorted to breaking and entering, 
planting evidence, photographing it, stealing pictures, and so on."^ The trial 
was a farce because the press of the United States and England had already tried 
and convicted the German immigrant of the crime. The jurors claimed to be 
impartial and objective; the jurors were even sequestered. Nevertheless, 
"jurors were quartered in the same hotel as many of the commentators, who 
during breakfast each day referred to Hauptmann as the 'Nazi monster' and the 
'baby killer. '"9 

An editorial published in Editor and Publisher three days after the guilty 
verdict called attention to the mockery of the judicial system that had been 
made. 

No trial in this century has so degraded the administration of 
justice, nor so completely revealed the fragility of some of the 
law's prominent pillars. Newspapers will not escape criticism 
for their part in the spectacle, but it is our conviction that the 
press, with few exceptions, was the victim of a vicious 
propaganda system that has finally wriggled itself into the halls 
of justice. . . . The whole exhibition calls for action by decent 
members of the bench and bar, for upon their shoulders rests the 
responsibility for the conduct of the judicial process. ^0 
A year after the execution of Hauptmann on less than convincing evidence. 



n 

Roy Edward Lotz. Crime and the American Press . New York: Praegar Series, 1991, p. 122. 
^ Ihii, p. 122. 
9 Ihii, p. 123. 
^0 "Hippodroming," Editor & Publisher . February 16, 1935, p. 24. 



a joint panel of attorneys from the American Bar Association and newsmen 
from the American Newspaper Association and the American Society of 
Newspaper Editors reviewed the kidnapping case. The panel declared: "The 
trial of Bruno Richard Hauptmann . . . exhibited, perhaps, the most spectacular 
and depressing example of improper publicity and professional misconduct 
ever presented to the people of the United States in a criminal trial."^^ Walter 
Lippmann, writing for the American Society of Newspaper Editors, defended 
the press in the Hauptmann trial by suggesting five areas of specific judicial 
fault in pre-trial and trial activities, including 

1. That the police published and commented on the evidence 
before the trial, 

2. That the officers of the court did not provide an orderly 
courtroom for the trial, 

3. That no effective action was taken by officers of the court 
against spectators and reporters who took a hand in the trial, 

4. That the attorneys on both sides by their public statements 
violated No. 20 of the Canons of Ethics of the American Bar 
Association, [and] 

5. That the governor, acting in a quasi-judicial capacity, made ex 
parte statements to the press. 

Added Lippmann: 

. . . without the connivance of the regiolar officers of the law the 
intolerable abuses of publicity would have been reduced to 
manageable proportions. It is, therefore, upon the officers of the 
law that we must place the primary responsibility for effective 



^^ American Bar Association, "Report of Special Committee on Coopjeration Between Press, 
Radio and Bar," ABA Annual Report, vol 62, 1937. p. 861. 



action which will prevent a repetition of these abuses in the 
future. ^2 

From the point of view of the press, it was the legal community that was 
responsible for the judicial fiasco in New Jersey. If the attorneys, police, and the 
governor had not made statements, the trial would have been fair. The press 
was unwilling to assume any responsibility, but the press did not have to print 
the information that was given to them. In fact, the Bar, five years beforehand, 
had warned of the danger of elected judges. Even with the tremendous activity 
and recommendations surrounding the effort to reform the bench-bar-press 
relationship, the review of the trial only gave rise to Canon 35 of the American 
Bar Association's Canon of Professional Ethics, which addressed the improper 
publicizing of court proceedings as follows: 

Proceedings in court should be conducted with fitting dignity 
and decorum. The taking of photographs in the courtroom 
during session of the court or recesses between sessions, and the 
broadcasting of court proceedings are calculated to detract from 
the essential dignity of the proceedings, degrade the court and 
create misconceptions with respect thereto in the mind of the 
public and should not be permitted. ^^ 
The press reacted with horror and dismay at the limitation of their 
constitutional rights. "The use of the camera, and even the microphone, is 
merely a modern extension of the ancient right of public trial."14 Canon 35, 



^2 Walter Lippmann. "The Lindbergh Case and Its Relations to American Newspapers," 
Problems of loumalism . New York: American Society of Newspaper Editors, 1936, p. 157. 

l^American Bar Association. Judicial Canon 35: Conduct of Court Proceedings . Chicago: 
American Bar Association, May, 1958. 

^'^ American Society of Newspaper Editors. Problems of loumalism . New York: American 
Society of Newspaper Editors, 1958, p. 20. 



however, was simply an extension of already existing Canons 5 and 20 in the 
Canons of Professional Ethics, Rules of Civil Procedure . It should be 
recognized that the problems that plagued the Lindbergh case, and many cases 
in the interim between Canon 35 and the Reardon Report, could have been 
avoided had Canons 5 and 20 been vigorously and completely enforced. Canon 
5 declared that: 

It is the right of the lawyer to undertake the defense of a 
person accused of crime, regardless of his personal opinion as to 
the guilt of the accused; otherwise, innocent person, victims 
orUy of suspicious circumstances, might be denied proper 
defense. Having undertaken such defense, the lawyer is bound, 
by all fair and honorable means, to present every defense that 
the law of the land permit, to the end that no person may be 
deprived of life or liberty, but by due process of law. 

The primary duty of a lawyer engaged in public prosecution is 
not to convict, but to see that justice is done. The suppression of 
facts or the secreting of witnesses capable of establishing the 
iimocence of the accused is highly reprehensible. ^ 5 
Canon 20 states: 

Newspaper publications by a lawyer as to pending or 
anticipated litigation may interfere with a fair trial in the Courts 
and otherwise prejudice the due admiiustration of justice. 

Generally they are to be condemned. If the extreme 
circumstances of a particular case justify a statement to the 
public, it is unprofessional to make anonymously. An ex 



^^American Bar Association. Canons of Professional Ethics, Rules for Civil Procedure . Chicago: 
Matindale-Hubbcll, Inc., 1966. 



parte reference to the facts should not go beyond quotation from 
the records and papers on file in the court; but even in extreme 
cases it is better to avoid any ex parte statement. ^^ 

Hindsight being 20/20, cooperation and reconciliation between the press and 
the bar were quickly recommended at that time; however, little was attempted 
and even less was accomplished. In fact, press freedom enjoyed a period of 
"unbroken expansion" and became a member of "the establishment."^^ The 
fair-trial-versus-free-press issue was put to rest with little additional attention — 
until November 22, 1963. 

The assassination of President John F. Kennedy on November 22, 1963, 
produced the eight-hundred-and-eighty-eight page Warren Commission 
report, which addressed virtually every aspect of this historical act of violence. 
Less than one percent of the entire document questioned whether Lee Harvey 
Oswald, had he survived, would have received a fair trial; however, this was 
enough to awaken the sleeping debate between society's need for a free press 
and the individual's right to a fair trial, no matter how horrible the crime. 

The American Civil Liberties Union announced two weeks after the 
assassination of President Kennedy that "had Lee Harvey Oswald lived, he 
would have been deprived of all opportunity for a fair trial due to the conduct 
of police and prosecuting officials in Dallas, under pressure from the public and 
news media. "^^ The ACLU argued that 

[fjrom the moment of his arrest until his murder two days later . . . 



^' Alan Barth. Ri ghts in Conflict: Report of The Twentieth Century Fund Task Force on lustice. 
Publicity, and the First Amendment . New York: McGraw-Hill Book Company, 1976, p. 103. 
Statement of the American Civil Liberties Union, "Civil Liberties Aspects of the Lee Harvey 
Oswald Case, and Developments Arising Out of the Assassination of President Kennedy," 
December 6, 1963, passim. 



Oswald was repeatedly tried and convicted in the newspapers, on 
radio and television by the public statements of Dallas law 
enforcement officials. As the investigation uncovered one piece 
of evidence after another, the results were immediately relayed 
to the public. Oswald's guilt was stated without qualification. 
The cumulative effect of these public pronouncements was to 
imprint indelibly on the public mind the conclusion that Oswald 
was indeed the slayer. Where in Dallas or anywhere else in the 
country, asked the ACLU, could there be found twelve citizens 
who had not formed a firm and fixed opinion that he was 
guilty?l9 

Dallas officials and press representatives defended their actions by declaring 

that this particular crime required every bit of information to be disseminated 

to the public because it has a right to know. Press representatives declared that 

they had prevented mass hysteria by keeping the public informed. The St 

Louis Post-Dispatch defended the press in an editorial which stated that 

"reporters had a duty to wring every drop of information that they could out of 

the police. The police had a corresponding duty to No if press and television 

coverage endangered their investigation or the safety of their prisoner. Nobody 

said No." 20 The Warren Commission disagreed with this defense and argued 

that 

[a]s a result [of the police department's policy allowing news 

representatives in the working quarters of the police and court 

buildings] the press was able to publicize virtually all of the 

information about the case which had been gathered until that 

^^Gilmore, p. 16. 

20 St. Louis Post-Dispatch. October 5, 1964. 



time. In the process, a great deal of misinformation was 
disseminated to a worldwide audience.^^ 

Appendix XII to the Warren Report produces over one hundred false 
speculations and rumors that were printed and stated as fact in the nation's 
papers and televisions after the assassination. These speculations included 
theories about the source of the shots, associations of Lee Harvey Oswald, 
conspiratorial relationships, and the identity of the "true" assassins. "In their 
efforts to keep the public abreast of the investigation, the police reported 
hearsay items and unverified leads; further investigation proved many of these 
items to be incorrect or inaccurate. "^2 Instead of calming the masses, the 
nation's papers and television stations spouted inflammatory and 
unsubstantiated theories of international intrigue and a communist plot to 
overthrow the government. "Most of the information was disclosed through 
informal oral statements or answers to questions at impromptu and clamorous 
press conferences in the third floor corridor [of the third floor of the police 
department]."^^ Attorneys had called the Dallas District Attorney's Office to 
question the prosecutor about how a defense was going to be possible with all 
the information being given to the public. The Director of the Federal Bureau 
of Investigation sent a personal message to Dallas Police Chief Curry, 
"requesting him 'not to go on the air any more until this case. . . [is] 
resolved.'"^'* 

The Warren Commission continues its condemnation of the behavior of 



2^ The Warren Commission. The Report of the President's Commission on the Assassination of 
President lohn F. Kennedy . Washington, D.C.: United States Government Printing Office, 
1964, p. 231. 

^Ibid, p. 235. 

^^Ibid, p. 231. 

2'*5 H 115-116; 15 H 58; CE 2072; cf. 15 H 129 (Curry). The Warren Commission, p. 236. 



the legal authorities in Dallas: 

Neither the press not the public had a right to be 
contemporaneously informed by the police or prosecuting 
authorities of the details of the evidence being accumulated 
against Oswald. Undoubtedly the public was interested in these 
disclosures, but its curiosity should not have been satisfied at the 
expense of the accused's right to a trial by an impartial jury. 
The courtroom, not the newspaper or television screen, is the 
appropriate forum in our system for the trial of a man accused of 
a crime. 

If the evidence in the possession of the authorities had not 
been disclosed, it is true that the public would not have been in a 
position to assess the adequacy of the investigation or to apply 
pressures for further official undertakings. But a major 
consequence of the hasty and at the time inaccurate divulgence 
of evidence after the assassination was simply to give rise to 
groundless rumors and public confusion. Moreover, without 
learning the details of the case, the public could have been 
informed by the responsible authority of the general scope of the 
investigation and the extent to which State and Federal agencies 
were assisting in the police work.25 
The Warren Commission stated that it was possible to satisfy both 
constitutional rights. It was not necessary to sacrifice Oswald's right to a fair 
trial in order to calm, or more often, indte the public. In an editorial in 
December of 1963, the New York Times boldly declared that "a trial is not 
meant to provide the public with recreation or the indignities of a national 
^Ibid, p. 240. 



show. . . . [W]hen these two duties conflict, we have no hesitation in saying 
that fair trial should take precedence over publicity."^^ In an accompanying 
editorial letter, seven Harvard University Law professors added their criticism 
of the constitutional "mess" in Dallas. 

Precisely because the President's assassination was the ultimate 
in defiance of law it called for the ultimate in vindication of law. 
The law enforcement agencies, in permitting virtually 
unlimited access to the news media, made this impossible. Not 
only would it have been virtually impossible to impanel a jury 
which had not formed its own views on those facts which might 
come before it, but much of the information released, such as 
statements by Mrs. Oswald, might have been legally inadmissible 
at trial. 

It is iroruc that the very publicity which had already made it 
virtually impossible for Oswald to be tried and convicted by a 
jury meeting constitutional standards of impartiality should, in 
the end, have made such a trial unnecessary. 

We cannot comfort ourselves with the notion that this could 
happen only in Dallas. It is too frequently a feature of our 
process of criminal justice that it is regarded as a public carnival. 
And this reflects out general obsession that everybody has a right 
immediately to know and see everything, that reporters and TV 
cameras must be omnipresent, that justice must take a second 
place behind the public's immediate "right to be informed" 
about every detail of a crime. . . . 



26 New York Times. December 1, 1963. 



As long as we adhere to that notion, and as long as our 
legislatures and courts are unwilling to protect the processes of 
justice, we must recognize that the lamentable behavior of 
Dallas law enforcement agencies and of the communications 
media reflect a flaw in ourselves as a sodety.27 
This editorial highlights several issues that would become the focus of 
contention in the free-press-versus-fair-trial debate. Does the public have a 
real, immediate "right to know?" Does the debate apply only to the minute 
number of sensational cases that come before the American judicial system? If 
the two constitutional rights are both protected, which one must give way so 
that other can be protected or should both fall outside protection? The Warren 
Commission and most of those who jumped on the bandwagon that chastised 
the law enforcement agencies in Dallas agreed that the public did have the right 
to know the progression of the investigation into the assassination of their 
young president. Yet the rights of the one who allegedly took that life were 
forgotten or simply disregarded. The wedge principle of ethics states that if it 
happens here, it will happen elsewhere. The threat to justice becomes more 
apparent if the shadow of the emotional state of the assassination is put aside 
and the constitutional issues are seen in the light. 

To prevent a recurrence of the unfortunate events which 
followed the assassination, however, more than general concern 
will be needed. The promulgation of a code of professional 
conduct goveriung representatives of all news media would be 
welcome evidence that the press profited by the lesson of Dallas. 

The burden of insuring that appropriate action is taken to 
establish ethical standards of conduct for the news media must 



27 New York Times. December 1, 1963. 



also be borne, however, by State and local governments, by the 
bar, and ultimately by the public. The experience in Dallas 
during November 22-24 is a dramatic affirmation of the need for 
steps to bring about a proper balance between the right of the 
public to be kept informed and the right of the individual to a 
fair and impartial trial.28 
The Washington Post commented on the recommendation of the Warren 

Commission that resolutions be found between the individual right to a fair 

trial, the public's right to know, and freedom of the press. 

No doubt the bar and the media, with proper study, can improve 
the standards of collection and presentation of such news; but 
any system that would totally preclude some confusion in a 
crime of this kind no doubt would preclude the routine press 
coverage upon which citizens depend for the honest working of 
our law-enforcement agencies. To achieve the ideal functiorung 
of officials, bar and press in an abnormal situation we must not 
sacrifice their proper functioning in normal times. The faults of 
officials, lawyers, and newsmen arising from an excessive zeal to 
get and print the facts are often, as in this case, disquieting. The 
flaws of a system devoid of that zeal might be even more 
alarming. 29 

The mood that surrounded the free press and fair trial debate at the time of 
the flurry of judiciary reform and assignment of blame on either side of the 
debate was zealous. In his book. Trial by Newspaper. Harold W. Sullivan 
writes a scathing and fierce condemnation of the procedure known judicially as 



28 The Warren Commission, p. 242. 

29 The Washington Post, September 29, 1964. 



"contempt by publication." Ironically many of the reforms demanded in this 
text would later be suggested in the Reardon Report. 

The way to stop trial by newspaper is frightfully simple. 
Let the Attorney General of each state notify his staff, selected 
geographically, to scan daily the papers of their home counties 
for contempt by publications (the juridical nomenclature for trial 
by newspaper); to give these dippings to a designated assistant 
attorney general; to have the district attorneys of each county do 
likewise; and at once to institute contempt proceedings against 
the owners of the offending papers, that shred reputations to 
pieces, deny the double constitutional guarantees of a fair trial, 
all to the end that they may increase their circulation from one 
to two.-^^ 
The courts at each level of the judicial system, according to Sullivan, should 
inform their fellow justices in the use of the contempt citation and encourage 
them to use this in "respect to contempt committed in litigation pending before 
them, and thus present a united front by the Judiciary. . . ."^^ The power to 
strike the balance between the two battling constitutional rights lies with the 
Judiciary. 

It is evident by now, I think, that the press is not capable of 
reforming itself, for the good reason that it will not admit collectively 
that there is any need for reform. . . . Again, Gentlemen of the 
Judiciary: Do your sworn duty, and scotch the leprous evil of trial by 
Newspaper.^^ 



on 

''" Harold W. Sullivan. Trial by Newspaper . Hyannis, Mass: The Patriot Press, 1961. p. 247 
^^ Ibid. 



32 



Ibid. 



Cfmpter III 

*Tfie pardon Report, 

The Medina H^port & 

The Twentietfi Century n^asl<i!rorce 1{eport 



The American Bar Association (ABA) took seriously the Warren 
Commission's recommendation that the ABA "get its house in order." For 
twenty months, Paul Reardon, the Chief Justice of the Massachusetts Supreme 
Court, headed the Advisory Committee on Fair Trial and Free Press in 
association with the American Bar Association. The ABA charged the 
committee to "consider the impact of news reporting on the administration of 
criminal justice and to seek methods of preserving and strengthening the right 
to a fair trial without abridging freedom of speech and of the press."^ The 
Conunittee believed that it was possible to reconcile the differences between the 
two constitutional rights without violating either. 

It is the conclusion of the Committee, based on many months 
of research and analysis, that certain steps can and should be 
taken which will materially assist in the achievement of this 
objective within the framework of the Uruted States 
Constitution. We hold that there is an accommodation possible 
which will give full force to the guarantees of the First and Sixth 
amendments without simultaneously giving rise to conflicts 



' Advisory Committee on Fair Trial and Free Press, the American Bar Association. Standards 
Relating to Fair Trial and Free Press . American Bar Association Project on Minimum 
Standards for Criminal Justice. American Bar Association, 1968, p. 1. 



that have in many quarters been deemed inevitable. It is our 
belief that this accommodation will be found principally in the 
adoption of limitations -- carefully defined as to content and 
timing ~ on the release of information bearing on the 
apprehension and trial of criminal defendants by members of 
the bar and by law enforcement agencies, with appropriate 
remedies available when there is a showing that a fair trial has 
been jeopardized. 2 
The committee came to three separate conclusions about the context of the 

fair trial and free press debate. David L. Shapiro, the reporter for the American 

Bar Association, summed up the recommendations. 

First, the Committee concluded that there were a substantial 
number of cases, greater than is generally believed, in which the 
dissemination of information or opinion during the critical 
pretrial periods posed a significant threat to the fairness of the 
trial itself. . . . The principal source of information or opinion 
was not the media themselves but rather the attorneys in the 
case, and even more often, law enforcement officials. . . . The 
Committee's second conclusion was that there are substantial 
contributions that the news media can make and have made to 
the administration of criminal justice throughout every phase of 
its operation, from the exposure of corruption within and 
outside the government, to prevention of secret arrests and 
secret trials, to the uncovering of evidence . . . and to the 
outspoken criticism of the result and of the process by which the 

2/bii, p. 1. 



result is reached. . . . Finally, the Committee concluded that the 
remedy for the problems confronting it lay not in efforts to 
regulate the media but rather in a determined effort by the 
bench, bar, and the law enforcement branch to put their own 
houses in order.^ 
With this declaration, the committee focused its suggestions for reform 
upon the particular branches of the legal system from where the flow of 
information could be controlled without violating of the United States 
Constitution. "The conviction [was] that reasonable restrictions on disclosure 
of the kind of information [listed below] do not abridge First Amendment 
rights.'"^ "The right of the media to publish what they see fit, if not absolute, 
is certainly a most fundamental part of our heritage. The right to compel 
disclosure of information or opinion, at a specific time, stands on very different 
footing."^ The conduct and iriformation of the police, attorneys, and judges 
would be controlled in order to assure a fair trial for all defendants. The 
justification for the extended concern and control of the bench and bar was that 
"[t]he focus of [this] concern should be much broader than the impact of the 
press on jurors, since the prejudicial influence of newspapers on justice 
obviously makes itself felt at all stages of the law enforcement process and 
undoubtedly affects policemen, witnesses, lawyers, and judges as well as 
jurors."^ 

Part I of the recommendations related to the conduct of attorneys in 
criminal cases. "These persons, through ill-timed public statements of personal 



^ David L. Shapiro. "Background and Development of the Recommendations of the ABA." 

Oklahoma Law Review . 1969, p. 128-129. 
^ Advisory Committee on Fair Trial and Free Press, pp. 81-82. 
^ Shapiro, p. 131. 
6 Ibid, p. 129. 



opinion or matters that may turn out to be inaccurate, incomplete, or 
inadmissible in evidence may lead the community as a whole to prejudge the 
case in manner totally incompatible with the right possessed, even by the 
guilty, to a fair and impartial trial. "^ The first suggestion of the Committee 
was that there should be a revision of the Canons of Professional Ethics . Many 
of those that opposed the Committee's recommendations when they were 
published pointed out that the Canon of Ethics was already in place and it 
simply needed to be enforced. "The proposals with respect to attorneys were to 
be made effective through elaboration and enforcement of the existing canons 
of professional ethics."^ The Reardon Committee, in part, agreed with this 
declaration; however, the Committee also decided that new technology and 
conflicts required supplemental standards. The revision of the Canons of 
Professional Ethics included the following standards: 

It is the duty of the lawyer not to release or authorize the 
release of information or opinion for dissemination by any 
means of public communication, in connection with pending or 
imminent criminal litigation with which he is associated, if 
there is a reasonable likelihood that such dissemination will 
interfere with a fair trial or otherwise prejudice the due 
administration of justice.^ 
The Reardon Report had judicial and legislative precedents to follow on the 
issue of the restriction of the sources of information at the federal level. The 
Supreme Court had addressed the constitutional and practical considerations in 
Allen v United States (1924, CA& Ind), in which it reasoned: 



7 Ibid, p. 128. 

8 Ibid, p. 130. 

' Advisory Committee on Fair Trial and Free Press, p. 2. 



How the courts can or should meet the situation, constantly 
growing worse, where newspapers, hungry for sensational news, 
print prejudicial statements, often not remotely accurate, which 
may and generally do come under the observation of prospective 
jurors, is a serious question for those conducting the trial of 
criminal cases. Too frequently counsel for the government loan 
their evidence, or parts of it, to the press, and the case is first 
tried in the paper before action is begun in the courts. In doing 
so, the prosecutor makes a serious mistake, one that cannot be 
too severely condemned. ^^ 
The Judiciary Act of 1789 "gave the federal courts the power 'to punish by 
fine or imprisonment, at the discretion of said courts, all contempt of authority 
in any cause of hearing before the same. . . ."^^ Congress "has provided 
legislation on the contempt powers of federal courts in the United States Code 
which provides: 

A court of the United States shall have power to punish by fine 
or imprisonment, at its discretion such contempt of its authority, 
and none other, as (1) misbehavior of any person in its presence 
or near thereto as to obstruct the administration of justice; (2) 
misbehavior of any of its officers in their official transactions; (3) 
disobedience or resistance to its lawful writ, process, order, rule 
decree, or command. ^^ 
The Reardon Report was not the only recommendation on the reformation 
of the Canons of Ethics for Civil Procedure . The Special Committee on Radio, 



^° Allenv. United States. (1924, CA7 Ind) 4 F2d 688, cert den 267 US 597, cert den 268 US 689, 

infra § 9[b]. 
^^ Judiciary Act of 1789, sec 17, 1 Stat. 83. Quoted in Parker, p. 54. 
^2 18 United States Code sec. 401 (1958). Quoted in Parker, p. 54. 



Television and the Administration of Justice of the Association of the Bar of 
the City of New York, also known as the Medina Report, commented at length 
about the ineffectiveness of the Canons to deter any attorneys from 
disseminating irresponsible statements. 

What makes the ABA Canon 20 of dubious value in curbing this 
abuse is that it is only applicable to newspaper discussion of 
pending litigation "generally" and publicity is allowed "in 
extreme circumstances." Thus these are exceptions, but what the 
exceptions mean would seem to be left to the imagination or 
judgment of the lawyer who resorts to the public forum. 
Moreover, violations of the spirit of Canon 20 have continued 
unpunished for so many years as to make court proceedings of 
questionable effect unless Canon 20 is drastically amended. ^^ 
"One judicial observer commented that adoption of limitations on the 
timing of crime reporting by official sources would tend to minimize the 
competitive pressure to publicize matters that should not have been officially 
disclosed in the First place."^'* The specific information that could be given to 
the press, and in turn to the public, was listed. The Reardon Committee 
recommended that from the time of arrest through the sentencing of a 
convicted defendant, only pertinent information or public information given 
out to the press by any member of the bar. Six prejudicial and contemptible 
categories were listed. 

(1) The prior criminal record (including arrests, indictments, or 



^■^Spxjcial Committee on Radio, Television and the Administration of Justice of the Association 
of the Bar of the City of New York. Freedom of the Press and Fair Trial . New York: 
Columbia University Press, 1967, supra note 5, p. 18. 

14 Shapiro, p. 132. 



other charges of crime), or the character or reputation of the 
defendant, except that the lawyer may make a factual statement 
of the defendant's name, age, residence, occupation, and family 
status, and if the defendant has not been apprehended, may 
release any information necessary to aid in his apprehension or 
to warn the public of any dangers he may present; 

(2) The existence or contents of any confession, admission, or 
statement given by the defendant, or the refusal or failure of the 
defendant to make any statement; 

(3) The performance of any examinations or tests or the 
defendant's refusal or failure to submit to an examination or 
test; 

(4) The identity, testimony, or credibility of prospective 
witnesses, except that the lawyer may announce the identity of 
the victim if the announcement is not otherwise prohibited by 
law; 

(5) The possibility of a plea of guilty to the offense charged or a 
lesser offense; 

(6) The defendant's guilt or innocence or other matters relating 
to the merits of the case or the evidence in the case, except that 
the lawyer may announce the circumstances of arrest, including 
time and place of arrest, resistance, pursuit, and use of weapons; 
may announce the identity of the investigating and arresting 
officer or agency and the length of the investigation; may make 
an announcement, at the time of seizure, describing any 
evidence seized; may disclose the nature, substance, or text 



of the charge, including a brief description of the offense charged; 
may quote from or refer without comment to public records of 
the court in the case; may announce the scheduling or result of 
any stage in the judicial process; may request assistance in 
obtaining evidence; and, on behalf of his client, may announce 
without further comment that the client denies the charges 
made against him.15 
The second part of the recommendations relates to the conduct of law 
enforcement officers and judicial employees in criminal cases. The same 
restrictions on the release of information applies. In addition to the above, 
"[t]he Committee decided that the proposed regulations be adopted internally 
by these agencies and that only if these efforts fail should steps be taken to 
implement certain of the proposals by rule of court or by legislation. "^6 xhe 
references are similar to the violations listed in the Warren Report: "a 
regulation prohibiting (i) the posing of a person in custody for photographing 
or televising by representatives of the news media. . . ."^^ This is a direct 
reference to the condemned impromptu photo opportunities of Lee Harvey 
Oswald given to the press by the Dallas police department after his arrest. That 
same police department conducted a midnight press conference with a dazed 
and sleepless Oswald displayed before the press. This, too, is prohibited 
specifically in the Reardon Report. The mockery of the judicial system and its 
appearance as a three-ring circus was taken to heart by this Committee and "a 
regulation providing for the enforcement of the foregoing by the imposition of 
appropriate disciplinary sanctions" was incorporated into the Report.^^ 



^^ Advisory Committee on Fair Trial and Free Press, p. 4. 

^^Ibid, p. 348. 
^''ibid, p. 7. 
'^^Ibid, p. 7. 



The third part of the Reardon Report related to the conduct of judicial 
proceedings in criminal cases. 

The courts and the legal profession have gone to great lengths in 
order to preserve public confidence in the judicial system. Jurors 
free from bias and prejudice are sought; once impaneled, they 
are reminded that they must decide the case solely upon the 
evidence presented and the arguments heard in the court. That 
evidence is screened by the judge to make certain that nothing 
unduly influences the jury in deciding the guilt or innocence of 
the defendant. Further, so that the criminal process may proceed 
quietly and without "fan-fare," it is necessary that the utmost 
precautions be taken to keep all extraneous irxfluences from 
affecting the criminal proceeding. ^^ 
"Any judge who has sat with juries knows that, in spite of forms, they are 
extremely likely to be impregnated by the environing atmosphere. "20 The 
Committee submitted a motion to allow that pretrial activities be closed to the 
public by the defendant's request. Change of venue, waiver of jury, and even 
the setting aside of the verdict are also listed as possible remedies for pretrial or 
trial publicity; however, all of these remedies are after the fact. "The present 
application of procedural rules and the existing penalties for the leaking of 
prejudicial information do not deter the injunction of prejudicial information 
into the trial nor do they significantly reduce its impact."^^ The present 
remedies are just that, remedies. "Even if these procedural tools were utilized. 



l^S. Zagri. Free Press, Fair Trial 4 . 1966. Quoted in Atkinson, Elliot W. "Free Press v. Fair 

Trial: Insulation Against Injustice," Louisiana Law Review ABA Minimum Standards Vol 33, 
Summer 1973, p. 548. 

20 Oliver Wendell Holmes in Shapiro, p. 128. 

21 Lawrence Schad. "The News and the Accused," Prospectus . Vol. 3, December, 1969, p. 101. 



they would not eliminate the dissemination of prejudicial information because 
they are designed to ameliorate the effects of such information and not to 
control the sources of such information. "22 Even recommendations for the 
use of rarely applied remedies are tempered with the possibility of 
ineffectiveness. 

One pretrial procedure which has been used rather infrequently 
is a motion for a change of venire. This motion, which enables 
the defendant to be tried by a jury which is brought in from 
outside the area of the trial is available in various jurisdictions, 
but even if it is granted, the jurors may become prejudiced 
against the defendant as a result of pressure and hostility 
surrounding them at the trial.^^ 
These post hoc attempts at prevention are doomed by their very nature. 
"[J]udicial remedies such as change of venue, continuance, and more careful 
screening of jurors are of great value but are not sufficient in themselves to do 
the job."24 

Media codes were often referred to in defense of the press and their 
performances. However, "media codes are inherently inadequate devices to 
curb dissemination of prejudicial information."^^ The question of whether or 
not all the media organizations participation in the voluntary codes, the actual 
definition of that which is prejudicial, and the continual support of those 
organizations haunt these "codes."26 "The Fourth Estate stands foursquare 



^Ibid, p. 102 

Rideau v. Louisiana 10 L. ed. 2d. 663 Annotation at 1246. 

Advisory Connmittee on Fair Trial and Free Press, p. 75. 
25Schad, p. 105. 



for codes of ethics, it says in effect, 'We can police ourselves.' Anything beyond 
this is said to be the beginning of the end of freedom of the press, and when 
freedom of the press goes, our other freedoms go with it."^^ "Journalistic 
codes of ethics are all moonshine. Essentially, they are as absurd as would be 
codes of streetcar conductors, barbers, or public jobholders. [I]t [ethical control 
of publication] must be accomplished by external forces, and through the 
medium of penalties externally inflicted. "28 The idea of asking the press to 
regulate themselves, even though they as a group have failed to do so for so 
many years, seems futile as a means of control. ^^ 

The final part of the Reardon Report involves recommendations relating to 
the limited exercise of the contempt power. 

The use of the contempt power against persons who disseminate 
information by means of public communication, or who make 
statements for dissemination, can in certain circumstances raise 
grave constitutional questions. Apart from these questions, 
indiscriminate use of that power can cause unnecessary friction 
and stifle desirable discussion. On the other hand, it is essential 
that deliberate action constituting a serious threat to a fair trial 
not go unpunished and that valid court orders be obeyed. It is 
therefore recommended that the contempt power should be 
used only with considerable caution but should be exercised in at 
least the following instances, in addition to those specified in 
sections 1.3, 2.1, and 2.3, above: 
(a) Against a person who, knowing that a criminal trial by jury 



^'^ Felsher, p. 222. 

2° H. L. Mencken. Quoted in Boicourt, M. "Pretrial Publicity," Missouri Law Review . Vol 34. 

Fall 1969. Columbia: School of Law, University of Missouri-Columbia, p. 553. 
^^Schad, p. 106. 



is in progress or that a jury is being selected for such a trial: 

(i) disseminates by any n\eans of public conununication an 

extrajudicial statement relating to the defendant or to the 

issues in the case that goes beyond the public record or the 

court in the case, if the statement is reasonably calculated to 

affect the outcome of the trial and seriously threaten to have 

such an effect; or 

(ii) makes such a statement with the expectations that it will be 

so disseminated. 

(b) Against a person who knowingly violates a valid judicial 

order not to dissenainate until completion of the trial or 

disposition without trial, specified information referred to in the 

course of a judicial hearing from which the public is excluded 

under sections 3.1 or 35(d) of these recommendations.30 

Shapiro emphasizes the reference to and explores the grey area involved 

with the statement "the threat to a fair trial."3^ jhe Committee understood 

and recognized the speculative aspect of this section. "We do not know, and 

perhaps we can never know, just how exposure to potentially prejudicial 

material affects the outlook of every attorney, judge, witness, and juror, and 

further research along these lines . . . would appear to be feasible and 

desirable. "^^ The above provision for contempt citations would also include 

within its realm newspaper and mass media representatives. "Freedom of the 

press does not mean omrupresence of the press and, I [Federal Judge Hubert 

Will] hope, never will. Big Brother, whether the government or the press, is 

30 Advisory Committee on Fair Trial and Free Press, p. 14 
3^ Shapiro, p. 128. 
^^Ibid, p. 128 



incompatible with individual freedom. "■'■' "After all, what the newspapers are 
being asked to do is simply to delay the publications of details until a trial takes 
place."^ The press, however, declared that any attempt to impose restrictions 
of any kind would be a form of prevention of publication. 

It must ... be recognized that publication delayed is publication 
denied and that prohibition of the release of information at the 
time, and the only time, that such information constitutes news 
is a significant restraint upon a free press. . . .^^ Freedom to 
speak and to write about public questions is as important to the 
life of our government as is the heart of the human body. In 
fact, this privilege is the heart of our government. If that heart 
be weakened, the result is debilitation; if it be stilled, the result is 
death.36 
Though direct sanctions against the press were never specifically written or 
ever implemented, there was judicial precedent for media censoring within 
legal procedure for the Reardon Committee to consider. In Patterson v. 
Colorado. 205 U.S. 454 (1907) a newspaper ran charges that the Colorado 
Supreme Court was politically motivated while litigation was pending. 'The 
United States Supreme Court held that the state court had the power to punish 
publications which it regarded as tending to interfere with the administration 



33 Hubert Will. "Crime and Coverage," The New Republic. Sept 2, 1967, p. 34. 

34 Louis Nizer. "Headlines vs Justice: Can We Have A Fair and Free Press at the Same Time?" 

Beverly Hills Bar loumal . Vol 2. No. 9, October, 1969, p. 23. 

3^ Robert C. Lobedell, Chief Counsel for the Los Angeles Times. SjDeech delivered before the 
Legislation and Administration of Justice Section of Town Hall, May 23, 1967. Quoted in 
Shoemaker, Thaddeus. Constitutional Conflict: Free Press-Fair Trial: A Problem in 
Democratic Theory . Sacramento: California State University, 1972. p. 101. 

3^ Milk Wagon Drivers Unions v. Meadowmoor Dairies, 312 U.S. 287 (1941). 



of justice."-''' 

Judges generally perhaps are less appreher\sive that publications 
impugning their own reasoiung or motive will interfere with 
their administration of the law. But if a court regards, as it may, 
a publication concerning a matter of law pending before it, as 
tending toward such interference, it may punish it as in the 
instance put. When a case is finished courts are subject to the 
same criticism as other people, but the propriety and necessity of 
preventing interference with the course of justice by premature 
statement, argument, or intimidation hardly ban be denied. ^^ 
The constitutional direction of the contempt citation has taken many turns 
since this precedent case and they will be discussed in Chapter Four. "It should 
be noted that three-fourths of the ABA standards in the free press-fair trial are 
suggestions for controls over the conduct of attorneys, law enforcement 
officers, judges and judicial employees as well as the judicial proceedings in 
criminal cases themselves, rather than sanctions against the media."39 The 
Committee refused to make such recommendations because "(1) direct 
restraints on the press would probably be unconstitutional, (2) the Committee 
concluded that editorial prejudice was a minor aspect of the total problem, and 
(3) the Committee felt that the media were becoming increasingly aware of the 
danger of prejudicial information.''^^ 

Issues came to the forefront of the legal consciousness when the Reardon 
Report was added to the free-press-fair-trial debate. The role of the media had 
been defined and admired in the report; however, critics reported that the 



^'^ Patterson V.Colorado. 205 US 454 (1907). Quoted in Parker, p. 55. 
^^ Parker, p. 55. 

39 Atkinson, p. 558. 

40 Schad, p. 109. 



report would prevent the press from fulfilling its watchdog role. 
There is hardly a jurisdiction in this country in which 
newspapers in the last fifty years have not discovered violations 
of the rights of accused person in the period proceeding trial. 
Accused persons have been kept secretly arrested, held without 
access to counsel or without any warning as to their rights under 
the Fifth Amendment, searched without warrant, questioned 
improperly and otherwise maltreated. These conditions much 
more menace the rights of accused persons than pre-trial 
disclosures in the press. . . . Newspaper publicity is the best way 
of treating these abuses in order to keep them at a minimum.'^ ^ 
"They [the Reardon Committee] put a muzzle on the watchdog which 
serves as the proxy observer for all citizens in the courts. This is a greater 
hazard to justice than so called prejudicial publicity. "^^ The constitutional 
questions of prior restraint and blatant censorship of the American press fueled 
the condemnation of the report by almost every major newspaper in the 
country. "This is the beginning of secret law enforcement. And this, along 
with even a slightly restricted press, raises the First stench of a police state."'*^ 
One of the objections of the press was the possibility of secretive law 
enforcement. "The courts do conduct public business. They are not private 
preserves for judges and lawyers."'^'* "Some [members of the media] would 
stress the point that the public has a certain right to know about crime and 



^^ James Russell Wiggins quoted in Boicourt, p. 541. 

^^ Qayton Kirkpatrick. "Free and Fair." Chicago Bar Record . Vol 50. E)eceml)er 1968, p. 140. 

^■^ "What Are the Pitfalls and Perils In the Bar's New Fair Trial Proposals?" The Bulletin of 
the American Society of Newspap)er Editors, No. 502. New York: American Society of 
Newspaper Editors, November 1, 1966, p. 11. Quoted in Kingsley, p. 109 

^ Kirkpatrick, p. 140. 



subsequent penalty procedures against those who violated our laws."45 Other 
critics simply stated that the resolution would fail to do that which it intended. 
The rationale of such proposals [ABA] is obvious. If responsible 
men^bers of the various levels of the judicial process refrain 
from releasing information to the press, then the press will not 
print or broadcast prejudicial information, and, therefore, the 
prospective juror will be impartial toward the defendant. In 
practice, however, it is doubtful that such a remedy would be 
effective. In all likelihood, what will result is that the material 
printed will be based upon inferior news sources. Such sources 
are often inaccurate and more prejudicial than official news 
releases might be.'*^ 
Others screamed about the unconstitutional infringement upon the greatest 
civil liberty that has been granted the American people. David Shapiro 
responded to the media's reaction of the Reardon Report's recommendations. 
"To classify the reaction of the media as 'overkill' is not, I think, an 
understatement. '"^7 in the media's view, the fall of American democracy was 
sure to follow if this report was allowed to be implemented. 

As an effort to assure that the houses of the bar and the bench 
were put in order . . . the report was good; but because it sought 
the restriction of information which the public should have 
regarding crime and criminal suspects during the early stages of 
the criminal process, it "invites bad law enforcement, or what is 



45 Boicourt, p. 540. 
46/bii, p. 559. 

"^^ Statement by David Shapiro expressed at the Kansas Bar Association's Symposium on Fair 
Trial - Free Press, Kansas City, Kansas, May 3, 1967. Quoted in Kingsley, p. 106. 



worse secret law enforcement, and it could lead to a partially and 
improperly informed public at the time of serious crime. "^^ 
The loudest objection of the press to the Reardon Report was the prior 

restraint argument. The press declared that the censoring of the lawyers and 

the police was an unconstitutional restriction upon them. 

Such restrictions would constitute selection of news, 
suppression of news, censorship of news, and all of this, not in 
the interest of what the public wants to know, needs to know 
and has a right to know on a common sense basis in an open 
society, but in the interest of legalistic rules which the public 
often can't understand or disagrees with. 

Therein, the Reardon Report represents a serious, if 
uruntentional, assault on freedom of the press, and also the 
Constitutional guarantee of free speech, because it seeks to 
control the sources of the news, that is, the attorneys and law 
enforcement officers, in violation of the First Amendment. 
Putting prior restraint on news sources is equivalent to putting 
prior restraints on the press.'^^ 
The complaints of the press express a valid concern. It would be hypocritical 

of the bench and the bar to restrict a constitutional right in order to protect 

another. 

The Reardon Report was not the ordy response to call for reform from the 

legal community. In 1965, the Special Committee of the Association of the Bar 

of the City of New York issued its Interim Report, the Radio, Television, and 

the Administration of Justice: A Documented Survey of Materials . At the time. 



^ "What Are the Pitfalls and Perils In the Bar's New Fair Trial Proposals?" The Bulletin of 

the American Society of Newspaper Editors. No. 502, p. 1. Quoted in Kingsley, p. 107. 
^^Ibid, p. 2. Quoted in Kingsley, p. 108. 



the committee did not make any interpretations of the material or make 
conclusions based upon the data collected. In the Final Report, Freedom of the 
Press and Fair Trial, these interpretations and conclusions are made. "The 
general theme of this Final Report is to evaluate and state the steps that we 
think should be taken by the judicial establishment, understood as including 
the courts and the judges, the Bar and law enforcement agencies, state and 
federal, to put its own house in order."^^ The similarities between the Final 
Report of the Committee on Radio, Television, and the Administration of 
Justice does not differ drastically from the recommendations outlined in the 
Reardon Report. 

We have read with great interest the Reardon Report of the 
ABA Advisory Committee on Fair Trial and Free Press which 
we consider a major contribution to this subject. The differences 
between us are not nearly so significant as our basic agreements. 
Both committees recognize that it is important to work out 
proper restrictions on lawyers, the police, and others who may 
make statements that could affect the fairness of the trial. We 
recognize both the inherent power of judges at the trial to 
impose proper restrictions on conduct in the courtroom or the 
vicinity that might affect a fair trial and the power to impose 
controls on the participants of the trial. The differences between 
us affect only the means and methods to be used to attain the 
ends we both have in view.^^ 



The Special Committee on Radio, Television, and the Administration of Justice of the 
Association of the Bar of the City of New York. Freedom of the Press and Fair Trial: Final 
Report with Recommendations . New York: Columbia University Press, 1967. 
5^ Ibid, p. 69. 



The Final Report, like the Reardon Report, addresses the failings of the 
present, at that time. Canons for the American Bar Association. The Bar failed 
to enforce those restrictions and guidelines that were already in place. In 
addition, the Final Report suggests that new technology requires that the 
Canons be expanded. 

When loopholes in the above quoted canons are taken into 
consideration, it need cause no surprise to find that these canons 
have been ineffective. By an impartial survey of major 
metropolitan areas as well as small towns and cities, we have 
discovered what appears to be an almost total lack of 
enforcement of Canon 20. As far as we have been able to 
ascertain, not a single lawyer has been disbarred, suspended fro 
practice, or publicly censured for violation of Canon 20. . . . And 
yet the instances are legion, and well known to the public, in 
which prosecutors have leaked to the news media alleged 
confessions, statements that a case is "open and shut," and full 
details of evidence that has not yet been presented in court. 
Certain defense counsel have persisted in trying their cases in 
the press and over the radio and on television.^^ 
The suggestion to the problem of the failings of the old Canon 20 was the 
recommendations of a new Canon 20. The Final Report declares that the Bar 
Association has within its realm of control the behavior listed out in the new 
Canon. "The Committee finds no legal or other obstacle to the formulation of 
ethical standards of conduct for lav^ryers, who are at all times officers of the 
court and subject to discipline for acts and statements detrimental to the fair 
and impartial administration of justice."^^ The Canon 20, in agreement with 
^^Ibid, p. 18. 



the underlying principle of specificity and clear terms, would not make general 

references to preferred behavior. Specific circumstances were to be controlled. 

Specific statements would be prohibited. Specific people would be held 

accountable. 

A. It is unprofessional for a lawyer publicly to make, or sanction 
the publication or broadcast of, an out-of-court statement or 
disclosure of fact or opinion regarding a pending or anticipated 
civil action or proceeding or criminal prosecution. It is therefore 
the ethical responsibility of lawyers to refrain from the public 
issuance of statements or other disclosures relating to such 
action, proceeding, or prosecution, which concern: 

1. The merits of the claims of a plaintiff or defendant in a civil 
action or proceeding, or the guilt or innocence of a defendant 
in a criminal prosecution; 

2. The existence or contents of a party's confession, admission, 
or other pre-trial declaration; 

3. Testimony or other evidence to be offered at trial; 

4. Matters of fact bearing upon the cause, which will not be 
offered in evidence at trial; 

5. The credibility or reliability of witnesses, or the probative 
force of other evidence offered or to be offered at trial; 

6. Testimony or other evidence which has been excluded by the 
court; 

7. The conduct, reputations or criminal record of any party or 
witness; 

^•^Ibid, p. 24. 



8. The rulings or decisions of the court during the litigation; 

9. Any other matter which may tend to interfere with a fair 
trial, or may otherwise tend to prejudice the due 
administration of justice. 

B. It is the duty of a lawyer engaged in a civil action or 
proceeding or a criminal prosecution to attempt to restrain his 
client and witnesses from making any out-of-court statement or 
disclosure of fact or opinion proscribed by this canon. 

C. The foregoing, however, shall not be deemed to restrict the 
issuance of a brief statement by a layer concerning: 

1. His client's intention to plead not guilty in a pending 
criminal prosecution, or to defend a pending dvil action or 
proceeding; 

2. The identity of the defendant in a pending criminal 
prosecution or the fact, the time and the place of his arrest, or 
the charge or charges against him; 

3. The identity of the parties to a pending civil action or 
proceeding, the claim asserted and the amount in 
controversy.^'* 

The report addresses the problem of the release of information by law 
enforcement agencies. The recognition of community pressures to provide a 
service that cannot always be delivered gave the Committee a rationale for 
police behavior. "Statements from police officials to the effect that the 
investigation continues with diligence and efficiency do little to satisfy the 
community's anxiety to know the specifics of the progress. "^^ Success and the 

^^Ibid, p. 25-26. 
^^ Ibid, p. 29. 



self-crowning of police efforts serves more than any public relations effort. 'To 
dispel these attitudes and to demonstrate their competence, law enforcement 
officials have disclosed many details of the case against the defendant, 
including eyewitness identification, fingerprint evidence, and his prior 
criminal record."^^ The recommendation of the adoption of a police code was 
the second part of the Final Report. 

We recognize that the adoption of a police code cannot be a cure- 
all for the improper release and publication of prejudicial 
matters. Many items which we recommend be barred from 
release by police may be in the public domain or otherwise 
readily available to newsmen. Court records or newspaper files 
of previous cases involving the defendant may contain his 
criminal and personal history; talkative witnesses, anxious for 
the limelight, may fill many gaps in the full account of the crime 
and the defendant's role; shortsighted police officers may "leak" 
information anonymously. Indeed, in the face of the ingenuity 
of the press, which is legend, little can remain the corifidential 
property of official law enforcement agencies for too long a 
period of time. Thus our efforts cannot be successful unless the 
news media accept a higher degree of responsibility, similar to 
that which we are hereby recommending for the police . . . 
Moreover, it will be difficult for law enforcement officials to 
adhere to any code unless the public, as well as the news media, 
is educated to accept silence by the police, not as a sign of 
ignorance but as basic to the protection of the constitutional 



56 



Ibid. 



rights of the accused. . . . Furthermore, it is the responsibihty of 

the organized Bar to rally to the aid of police admirustrators 

when the pressures for full disclosure begin to build.^'' 

In the final section of the report, the Committee addresses the possible 

remedies that are available to the courts and the judges. The recommendations 

for the bench simply include the enforcement of the judicial remedies 

available. The power of to issue citations of contempt by publication against 

media representatives, however, is not listed as a possible power of the bench. 

The judgement and philosophy . . . and the touchstone of our 

position is that the courts have the necessary power to assure a 

fair trial free from the effects of prejudicial publicity and that the 

courtroom, courthouse premises, and participants in a trial - 

whether they be parties, witnesses, jurors, attorneys, court and 

police officials, or news media personnel - are, in varying 

degrees, subject to the exercise of that control by the trial judge. . . 

The trial judge is the central figure in the operation of every 

trial. It becomes his responsibility, therefore, to control the 

participants in the trial and all activities in and about the 

courtroom during a trial.^^ 

The main criticism of this particular code of ethics for the bar and bench is 

that it is dependent upon voluntary agreements and enforcement by the press. 

The Final Report stated that the press could circumvent all the controls and 

reformation made within the house of law, yet, the bar and bench have no 

constitutional standing to cite the press or, in any form, censor the press. 

The legal community, however, was not the only side of the debate to call 

57/b,-d, p. 32. 
^^Ibid, p. 37. 



for a resolution of the free press versus fair trial issue. In 1975, the Twentieth 
Century Fund Task Force on Justice, Publicity, and the First Amendment 
published a set of recommendations in response to the conflict between the 
courts and the press. The Task Force began its report with the following 
declaration of purpose and direction. 

This Task Force on Justice, Publicity, and the First 
Amendment believes that the conflict between the courts and t 
the press has intensified in the past two or three years in ways 
that seriously endanger the traditional freedom of the press in 
the United States. 

The source of this threat is not a conspiracy aimed at scuttling 
the Bill of Rights. In fact, the danger arises from the entirely 
proper determination of state and federal courts to safeguard the 
right to a fair trial guaranteed by the Sixth Amendment. 
Although that right is basic to the administration of justice, the 
measures that courts have recently taken in its support have 
tended, despite the praiseworthiness of their purpose, to 
undermine the independence of the press. ... In recent years, 
some of the measures adopted by the courts to prevent 
prejudicial publicity from affecting the impartiality of jurors and 
the fairness of criminal proceedings have been operated to 
inhibit - needlessly - the gathering and reporting of news about 
the system of justice. The Task Force believes that too many trial 
judges are going to unnecessary extremes in their efforts to 
protect juries from prejudicial publicity. They have been led to 
such extremes at least in part by journalistic excesses that in the 
past impaired the dignity as well as the fairness of trials. 



Nevertheless, the Task Force believes that current restraints 
imposed by some judges on the reporting of criminal 
proceedings constitute a growing threat to freedom of the press - 
that is, to the right of the public to know how justice is 
administered.^^ 
Notably, this report of the Twentieth Century Task Force supports the 
claims and concerns of the mass communication representatives. Though the 
press should not interfere with the proper administration of justice, the legal 
system has no right to enforce unconstitutional prior restraints against print 
and broadcast media. 

The press has a responsibility to avoid needless frustration of 
the judiciary and wanton impairment of the constitutional 
rights of criminal defendants. Without impairing its own 
independence, it must cooperate with the judiciary to promote 
justice. Like any other element of a democratic society, the 
press has a vital interest in preserving the integrity of the 
constitutional system 

The judiciary, on the other hand, has the corollary 
responsibility of considering the public's need to be informed 
about the administration of justice and the needs and problems 
of the press in serving this public interest. It is not enough that 
trials be fair; they must be known to be fair. Except in the most 
compelling circumstances, judges must not interfere with 
journalists in reporting on the process of justice. The Sixth 



The Twentieth Century Task Force on Justice, Publicity, and the First Amendment. Ri ghts in 
Conflict . New York: McGraw-Hill Book Company, 1976. p. 4. 



Amendment provides not only for an "impartial jury" but also 
that "in all criminal prosecutions, the accused shall enjoy the 
right to a speedy and public trial." In contemporary conditions, 
the press is the instrument by which trials are effectively made 
"public."^^ 
The Task Force addresses four areas of dissent from the recommendations 
of previous free press - fair trial resolutions, including the Reardon Report. 
These criticisms are contemporary. The recommendations of the previous 
reports were made to fill in the void of direction in this constitutional conflict. 
The trying times of the previous decade did not allow for the Reardon 
Committee or the Medina Committee to suggest how justices had gone 
overboard in their protection of the Sixth Amendment. In view of these 
committees, it was the Sixth Amendment that was being abused and drastic 
measures were needed to remedy the obvious imbalance between the First and 
Sixth Amendments. 'The Task Force is critical of four specific contemporary 
judicial practices: 

1. The issuance of orders aimed directly at the press, forbidding 
pubUcation of material obtained outside the courtroom. Such 
orders amount to prior restraints on publication an, as such, 
appear constitutionally impermissible. Some judges also have 
issued orders directly forbidding news media to publish or 
broadcast information about evidence, testimony, or rulings 
delivered in open court. These orders, too, go beyond the 
constitutional authority of courts. 

2. The excessive use of restrictive orders. Trial judges 
undoubtedly have authority, when a trial situation requires it, to 

^Ibid, p. 7. 



issue orders imposing silence on defendants, lawyers, witnesses, 
court employees, law enforcement officers, and others from 
whom journalists normally seek information regarding a 
criminal proceeding. But such gag orders are issued too 
frequently and in terms disproportionate to any realistic 
assessment of the peril they are intended to prevent. Both 
standing orders respecting publicity and special orders in special 
situations should be imposed sparingly with due regard for the 
public's legitimate interest in crime and justice. 

3. The excessive reliance on secrecy. Judges have displayed a 
disturbing tendency to exclude the press (and thus the public) 
from significant portions of a criminal proceeding - for example, 
by selecting juries in secret, by sealing essential papers or trial 
exhibits, by conducting extended conferences and arguments on 
evidence and motions in judges' chambers, and by expanding 
unduly the use of bench conferences. In camera conferences are 
useful and legitimate devices for disposing of issues that it may 
be deemed improper for a jury to hear discussed, but they should 
not be used to exclude the press from discussions that would not 
clearly imperil the conduct of a fair trial. The Task Force 
believes that such devices have been used excessively. 

4. The lack of quick appeal against restrictions on the press. 
The Task Force views with concern the absence of any adequate, 
independent, or sufficiently speedy mecharusm to test the 
validity of special orders inhibiting press coverage of a criminal 
proceeding. Judges sometimes put such orders into effect 



without adequate input from affected persons without 
consideration of the problems confronting journalists in 
reporting a trial. Sometimes, in fact, constitutionally invalid 
orders delay reporting until the passage of time has drained the 
suppressed information of its news value.^^ 
Members of the task force commented that all the efforts of the judicial 
community have the correct motives - the protection of the right to a fair and 
impartial trial. However, these same members point out that our system of 
justice is not perfect and, with increasing technological advancements, probably 
never will be. 'The harm caused by such a system must be weighed against a 
rule that would allow defendants in all celebrated cases to go free. It is nearly 
always true that this balance must be struck in favor of society, even if the 
resulting trials are slightly unfair."^^ The effect of pretrial publicity is not 
ignored by the members of this task force. Their focus is how there has been a 
backlash of censorship in the name of civil liberties. "Shielding a jury from 
prejudicial publicity is a very different matter from shielding the general 
public." ^^ 

The effect of pretrial publicity on jurors, according to the Task Force, "is 
often exaggerated." The reports in the newspapers do not necessarily remain 
with a prospective juror and would not leave a lasting opinion that would 
influence justice. 'The Task Force therefore suggests that, upon a showing of 
pervasive publicity, the defense be allowed more peremptory challenges than 
in ordinary circumstances."^ The Task Force, however, failed to address the 
circumstances in which the defense or media representatives use the print and 

^^ Ibid, p. 5. 
"itid, p. 10. 
^^Ibid. 
^"^ Ibid, p. n. 



broadcast media in order to affect justice in favor of the defendant. The use and 
need of extra peremptory challenges for the defense would be voided. 

Referring to the common judicial orders keeping jurors names secret from 
the press and the general public, the Task Force states that "the fear of 
interrogation by the press is an insufficient ground for keeping the names of 
jurors sealed."^^ The Task Force fails to state what extenuating circumstances 
would be considered grounds for failing to disclose the names of jurors. 
Perhaps the threat of outside coercion, outside pressure, or post-trial 
ramifications for unpopular, yet constitutional, decisions would be significant 
enough for the Task Force to consider some form of protection, or as the media 
call it - censorship. Finally, in reference to jury selection and trial publicity, the 
task Force suggests that the court allow defendants to waive a jury trial 
"whenever they [the courts] are satisfied that the waiver has been made freely 
by a defendant who understands his rights and whenever they are convinced 
that granting the waiver would result in a trial of greater fairness. "^^ The 
defendant should be prepared to sign over his/her constitutional right to a jury 
trial so that a fair and impartial trial might be possible because the press refuses 
to sign over its constitutional rights. The rights of the society and the rights of 
the press are given priority over the individual. 

The Task Force believes that these measures - careful use of the 
voir dire, severe limits on courtroom secrecy, continuance or 
change of venue of the trial, relinquishment of a jury trial, and 
sequestration of a jury - can protect the rights of criminal 
defendants without infringing on the freedom of the press and 

^Ibid, p. 12. 
^Ibid, p. 13. 



the public's interest in the administration of justice.^^ 
The specific recommendations of the Twentieth Century Task Force on Justice, 
Publicity, and First Amendment are enumerated in the Free Press - Fair Trial 
Act [Appendix]. 

The question remains as to whether the remedy to a constitutional conflict 
is unconstitutional in itself? 



67 



Ibid. 



Cflapter IV 
CcmstitutionaC Slspects 



We [The Reardon Conunittee] have not told them [the press] 
what they may or may not do. This is left to their sound 
discretion. Before a defendant is apprehended, they are at liberty 
to obtain and release any information necessary to aid in his 
apprehension or to warn the public of any danger he may 
present. At all times they may publish any information 
obtainable from public records, and are likewise free to criticize 
the bench, bar, and public officials. They are not circumscribed 
in their duty to expose corruption, nor restricted in their right to 
editorialize, caricature, or express their opinions. Nothing in 
our proposals interferes with the rights guaranteed to press, 
radio, or television under the Constitution. ^ 
The media and press representatives declare that the report and its adopted 
recommendations are restrictive of the First Amendment's guarantee of the 
freedom of the press. Though it took the horrible act of the assassination of the 
President of the United States to prompt the American Bar Association to 
consider the constitutional tension between fair trial and free press, the U. S. 
Supreme Court had been addressing the balance of the two constitutional rights 
since U.S. v. Burr, 25 F. Cas. 55, 76-87 (No. 14,693) (C.C.D. Va. 1807). Justice John 
Marshall asked. 



^ Cooper, Grant. 'The Rationale for the ABA Recommendations," Notre Dame Lawyer . 1967, 
p. 861. 



Why do personal prejudices constitute a just cause of challenge? 
Solely because the individual who is under their influence is 
presumed to have a bias on his mind which will prevent an 
impartial decision of the case, according to the testimony. He 
may declare that notwithstanding these prejudices he is 
determined to listen to the evidence, and be governed by it; but 
the law will not trust him. Is there less reason to suspect he 
who has prejudged the case and has deliberately formed and 
delivered an opinion on it? Such a person may believe that he 
will be regulated by testimony, but the law suspects him, and 
certainly not without reason. He will listen with more favor to 
that testimony which confirms than to that which would change 
his opinion; it is not to be expected that he will weigh evidence 
or argimient as fairly as a man whose judgment is not made up 
in the case.2 
The press defend their actions by declaring that only those sensational cases, 
such as that of Aaron Burr, would cause prejudicial publicity. In reality, 
according to the press, the huge majority of criminal cases barely makes the 
back sections of the newspapers; however, all the following cases that were 
brought before the Supreme Court of the land were originally just a local case. 
The above was a federal case. It was not vmtil the Supreme Court, through the 
Fourteenth Amendment, allowed for the incorporation of the Bill of Rights to 
the states starting in 1925 did the issue of free press versus fair trial resurface in 
Bridges v. California and Times-Mirror Co. v. Superior Court 314 U.S. 252 
(1941). All the petitioners were charged and pleaded guilty to contempt of court 
in the Superior Court of Los Angeles County. The conviction involved 
^ U.S. V. Barr. 25 F. Cas, 55 76-87 ( No. 14,693) (C.C.D. Va. 1807), Justice John Marshall. 



comments about pending criminal litigation. "The basis for punishing the 
publication as contempt was by the trial court said to be its 'inherent tendency' 
and by the Supreme Court its 'reasonable tendency' to interfere with the 
orderly administration of justice in an action then before court for 
consideration."3 The Court found that these were "exaggerated" usages of the 
reasonable tendency and that there was no justification of such a restriction of 
free expression. The Bridges case continued the precedent that there was little 
room for justifying the infringement of the freedom of speech or expression, 
including the press. However, the Bridges case is more well known for the 
eloquent dissent by Justice Frankfurter, who argued that 

[o]ur whole history repels the view that it is an exercise of one of 
the civil liberties secured by the Bill of Rights for a leader of a 
large following or for a powerful metropolitan newspaper to 
attempt to over-awe a judge in a matter immediately pending 
before him. The view of the majority deprives California of 
means for securing to its citizens justice according to law. ... To 
find justification for such deprivation of the historic powers of 
the states is to misconceive the idea of freedom of thought and 
speech as guaranteed by the Constitution. ... The Due Process 
Clause of the Fourteenth Amendment protects the right to 
comment on a judicial proceeding, so long as this is not done in 
a manner interfering with the impartial disposition of litigation 
... A powerful newspaper admonished a judge, who within a 
year would have to secure popular approval if he desired 
continuance in office, that failure to comply with its demands 

wouldbe a "serious mistake." Clearly, the state court was 

' Bridges v. California 314 U.S. 252 (1941), Justice Black. 



justified in treating this as a threat to impartial adjudication. '* 
Frankfurter began to address the problem involved when the press is 
allowed to run free and trample other constitutional rights under the 
protective covering of the First and Fourteenth Amendments. If a person can 
be arrested and sentenced for the attempted obstruction of justice, then why are 
newspapers allowed to hide behind the First Amendment? There are 
limitations to free speech and there are limitations to the freedom of press. 

The question of the ability of the procedural rules in the courtroom to 
combat prejudicial publicity is examined in Irvin v. Dowd, 366 U.S. 717, (1961). 
This is the First case in which the Supreme Court "reversed a state criminal 
conviction solely on the grounds that prejudicial pre-trial publicity had made a 
fair trial before an impartial jury impossible."^ The petitioner was charged 
with murder in Vanderburgh County, Indiana. Shortly after the petitioner's 
arrest, "the Prosecutor of Vanderburgh County and Evansville police officials 
issued press releases which were intensively publicized, stating that the 
petitioner had confessed to the six murders."^ The first request for a change 
of venue was granted and the trial was moved to the neighboring county; 
however, a second change of venue and continuance based upon local 
prejudice were denied because of an Indiana statute that prevents more than 
one change of venue. The jurors had been selected from a panel of 430 people, 
370, constituting almost 90 percent of the panel, of whom had said in voir dire 
examination that they believed Irvin's guilt. The petitioner was convicted and 
sentenced to death. The Indiana Supreme Court affirmed the conviction. "On 



Bridg es, dissenting. Justice Frankfurter. 

Parker, Eugene Fletcher. Fair Trial and Free Press: Balancing Two Fundamental Rig hts. 
Athens, GA: Thesis, 1969, p. 23. 
6 Irvin V. Dowd. 366 US 717 at 718, 6 L. ed. 2d 751, 81 S. Ct. 1639, (1961), Justice Qark. 



certiorari, the Supreme Court reversed and remanded the case to the District 
Court. An opinion by Justice Clark, expressing the unanimous view of the 
Court, held that the prisoner was derued due process of law under the 
Fourteenth Amendment because the jury in the state trial was not 
impartial. "7 Justice Clark's opiruon made references to several important 
precedents and made specific clarification of constitutional rights in the 
unanimous majority opinion. 

In essence, the right to jury trial guarantees to the criminally 
accused a fair trial by a panel of impartial, "indifferent" jurors. 
The failure to accord an accused a fair hearing violates even the 
mirumal standards of due process.^ "A fair trial in a fair 
tribxmal is a basic requirement of due process."^ In the 
ultimate analysis, only the jury can strip a man of his liberty or 
his life. His verdict must be based upon the evidence developed 
at the trial.^^ This is true, regardless of the heinousness of the 
crime charges, the apparent guilt of the offender or the station in 
life which he occupies. It is not required, however, that the 
jurors be totally ignorant of the facts and issues involved. In 
these days of swift, widespread and diverse methods of 
communication, an important case can be expected to arouse the 
interest of the public in the vicinity, and scarcely any of those 
best qualified to serve as jurors will not have formed some 
impression or opinion as to the merits of the case. ... It is 

7 Irvin at 720 

8 In Re Oliver. 333 US 257, (1948); Tumey v. Ohio. 273 US 510. 
^ In Re Murchison. 349 US 133, . 

^°Cf. Thompson v. Louisville. 362 US 199, . 



sufficient if the juror can lay aside his impression or opinion 
and render a verdict based on the evidence presented in court.^^ 
The adoption of such a rule, however, "cannot foreclose inquiry 
as to whether, in a given case, the application of that rule works 
a deprivation of the prisoner's life or liberty without due process 
of law. "^2 As stated in Reynolds, the test is "whether the nature 
and strength of the opinion formed are such as in law 
necessarily . . . raise the presumption of partiality. The question 
thus presented is one of mixed law and fact. . . ."^^ Indiana 
agrees that a trial by jurors having a fixed, preconceived opinion 
of the accused's guilt would be a denial of due process, but points 
out that the voir dire examination discloses that each juror 
qualified under the applicable Indiana statute. It is true that the 
presiding judge personally examined those members of the jury 
panel whose petitioner, having no more peremptory challenges, 
insisted should be excused for cause, and that each indicated that 
notwithstanding his opinion he could render an impartial 
verdict. But as Chief Justice Hughes observed . . . "[ijmpartiality 
is not a technical conception. It is a state of mind. For the 
ascertainment of this mental attitude of appropriate indifference, 
the Constitution lays down no particular tests and procedure is 
not chained to any ancient and artificial formula. . . ."^'^ Here 
[in the petitioner's case] the "pattern of deep and bitter 



^^ Spiesv. Illinois. 123 US 131, (1887); Holt v. United States. 218 US 245, ; Reynolds v. United 

States (US) (1879)supra. 
^^ Lisemba v. California. 314 US 219, 236, . 
^3 Revnolds atl56. 



^'^ Unitcd States V.Wood. 299 US 123, 145, 146,. 



prejudice" shown to be present throughout the community was 
clearly reflected in the sum total of the voir dire examination of 
a majority of the jurors finally placed in the jury box. 15 Eight 
out of the 12 thought the petitioner was guilty. . .The influence 
that lurks in an opinion once formed is so persistent that it 
unconsciously fights detachment from the mental processes of 
the average man.^^ Where so many, so many times, admitted 
prejudice, such a statement of impartiality can be given little 
weight. As one of the jurors put it, "You can't forget what you 
hear and see." With his life at stake, it is not requiring too much 
that petitioner be tried in an atmosphere undisturbed by so huge 
a wave of public passion and by a jury other than one in which 
two-thirds of the members admit, before hearing any testimony, 
to possessing a belief in his guilt.^'' Vacated and remanded.^^ 
The precedents referred to in this opinion restate the defendant's 
constitutional rights in this age of mass commvmication. The defendant still 
has the right to a fair and impartial trial; however, the definition of 
impartiality has shifted from the original constitutional definition. The failure 
to allow a defendant a fair trial violates the Fifth and Fourteenth Amendments 
and their respective due process clauses. Nevertheless, the Court seems to be 
taking the position that it will not "reverse convictions, despite extensive 
pretrial prejudicial publicity, unless the nature of the publicity is such that it 
would create bitterness and deepseated prejudice in the community. "^^ The 



^^ Stroble v. California. 343 US 181, . 

16 See Delanev v. United States (CAl Mass) 199 F2d 107. 

l^ Stroble v. California. 343 US 181, (1952); Sheppard v. norida. 341 US 50, (1951) (concurring 

opinion); Moore v. Dempsey. 261 US 86,. 
l^Irvin at 754-760. 



prejudice of most jurors, however, in this age of mass commuriication should 
be assumed. Verdicts can not be simply set aside for the possible tainting of the 
jurors' mind by excessive publicity. All large cases have some degree of 
publicity; yet, this is not a reason to hamper the decisions of juries. Instead, the 
prejudice must be manifested somewhere in the trial (i.e. voirdire, trial 
transcripts, juror polling, or after-trial interviews) and lack of objectivity must 
be proven by the defendant. ^^ 

The court, following Irvin v. Dowd, placed the burden on the 
petitioners to establish the existence of such opinions in the 
minds of the jurors as would raise the presumption of partiality, 
and undertook to evaluate independently the voir dire 
testimony of the impaneled jurors. The Court seemed to hold in 
Irvin that reversal of a conviction is necessary only where 
convincing evidence of juror prejudice is shown in addition to 
extreme and widespread prejudicial publicity. ^^ 
The concurring opinion of Justice Frankfurter in Irvin could be identified as 
foreshadowing the events and recommendations to come. 

Of course I agree with the Court's opinion. But this is, 
unfortunately, not an isolated case that happened in Evansville, 
Indiana, nor an atypical miscarriage of justice due to anticipatory 
trial by newspaper instead of trial in court before a jury. . . . How 
can fallible men and women reach a disinterested verdict based 
exclusively on what they heard in court when, before they 



^^Parker, p. 31. 

^"SceGea gin V.Gavin. 181 F. Supp. 466 (D.C. Mass. 1960); affd, 292 F. 2d 244 (1st Cir. 1961); 

Beck V. Washing ton. 369 US 541, (1962). 
21 Parker, p. 29. 



entered the jury box, their minds were saturated by press and 
radio for months preceding by matter designed to establish the 
guilt of the accused. A conviction so secured obviously 
constitutes a denial of due process of law in its most 
rudimentary conception. . . . This court has not yet decided that 
the fair administration of criminal justice must be subordinated 
to another safeguard of our constitutional system — freedom of 
the press, properly conceived. The Court has not yet decided 
that, while convictions must be reversed and miscarriages of 
justice result because minds of jurors or potential jurors were 
poisoned, the poisoner is constitutionally protected in plying his 
trade.22 
The possibility of the threat to the constitutionally guaranteed right to a fair 
trial by prejudicial publicity was strong enough to be considered a blatant 
violation of the due process of law. Irvin did not solve the constitutional 
question, but, the lines were drawn more distinctly for the next battle. 

In Rideau v. Louisiana, the petitioner was arraigned on the charges of 
armed robbery, kidnapping, and murder. Attorneys for the defense filed a 
motion for a change of venue, based on the ground that the defendant could 
not receive a fair trial in Calcasieu Parish because the televised interview/ 
confession in the parish jail with the sheriff, consisting of admissions by the 
defendant that he had perpetrated the crimes with which he was later charged. 
The motion for a change of venue was denied and the petitioner was tried, 
convicted, and sentenced to death on the murder charge. The judgment of 
conviction was affirmed by the Supreme Court of Louisiana. On certiorari, the 
United States Supreme Court reversed.^^ Two issues dominated the majority 



^ Irvin. concurring opinion at 730. 



opinion. First, the telecasting of the interview and the following denial of a 
change in venue constituted a denial of due process for the defendant/ 
petitioner. Secondly, the state court has the power to regulate the procedures 
within the courtroom in accordance within its own understanding of 
procedure as long as constitutional boundaries are maintained. 

For we hold that it was a denial of due process of law to refuse 
the request for a change of venue, after the people of Calcasieu 
Parish had been exposed repeatedly and in depth to the spectacle 
of Rideau personally confessing in details to the crimes with 
which he was later to be charged .... The kangaroo court 
proceedings in this cases involved a more subtle but no less real 
deprivation of due process of law .... A person accused of 
committing a crime is vouchsafed basic minimal rights. Among 
these are the right to counsel,^'* the right to plead not guilty, and 
the right to be tried in a courtroom presided over by a judge. Yet 
in this case the people of Calcasieu Parish saw and heard, not 
once but three times, a "trial" of Rideau in a jail, presided over 
by a sheriff, where there was no lawyer to advise Rideau of his 
right to stand mute.^^ 
The Court concluded, "The constitutional standards of fair play were not 
present when petition was forced to go to trial before a jury which included 
three persons who had seen and heard him confess, and two police officers. "^^ 



^^ Rideau v. Louisiana. 373 US 723, (1963). 
2'* See Gideon v. Wainright. 372 US 335,. 
^ Rideau at 665-666. 

^^ Rideau V.Louisiana 10 L. Ed. 2d 663 Annotation at 1247. See Irvin v. Dowd. 366 US 717, 728, ; 
Tanko v United States. 366 US 716, ; Marshall v. United States. 360 US 310, . 



A public financier was convicted in the District Court for the Seventh 
Judicial District of Texas at Tyler for swindling following a most public trial. 
The trial was televised and broadcast over the petitioner's objection. The Texas 
Court of Criminal Appeals affirmed. On certiorari the Supreme Court 
reversed. The Court decided that due process of law was denied the accused by 
the televising and broadcasting of the proceedings. Though the four 
constitutional questions that were addressed in this particular precedent case 
did not specifically deal with the publicity issue, the arguments against 
televised criminal trials and the reasoning behind them have been used in 
subsequent trials as arguments against trial publidty.^^ 

The Court delineated at the beginning of its formal opinion the purpose 
behind the Sixth Amendment's requirement for a public trial. "We start with 
the proposition that it is a 'public trial that the Sixth Amendment guarantees to 
the 'accused.' the purpose of the requirement of a public trial was to guarantee 
that the accused would be fairly dealt with and not unjustly condemned." ■^^ 
The Court continued by addressing the argument of the respondent that the 
First Amendment freedoms extended to the right to televise criminal trials. "It 
is said that the freedoms granted in the First Amendment extend a right to the 
news media to televise from the courtroom, and that to refuse to honor this 
privilege is to discriminate between the newspapers and television. This is a 
misconception of the right of the press."-^^ The state contended that the people 
of the State of Texas had the right to know what was going on in the courts and 
that "the court has no power to suppress, edit, or censor events which 
transpired in proceedings before it."-^^ The Court responded to the state's 



27 Parker, p. 33. 

^^ Estes V.Texas. 381 US 532, (1965). 



29] 

Craig V. Hamev. 331 US 367, (1947). 



Estes at548. 
30 



contention with an eloquent delineation between a public trial and respect for 

the judicial process. 

The law, however, favors publicity in legal proceedings, so far as 
that object can be attained without injustice to the persons 
immediately concerned. The public are permitted to attend 
nearly all judicial inquiries, and there appears to be no sufficient 
reason why they should not also be allowed to see in print the 
reports of trial, if they can thus have them presented as fully as 
they are exhibited in court, or at least all the material portion of 
the proceedings impartially stated, so that one shall not, by 
means of them, derive erroneous impressions, which he would 
not have been likely to receive from hearing the trial itself . . . .^^ 
However, the nub of the question is not its [television] newness 
but, as Mr. Justice Douglas says, "the insidious influences which 
it puts to work in the administration of justice."-^^ 

In an amici curiae brief, the National Association of Broadcasters and the 

Radio Television News Directors Association declared that: 

"Neither of these two amendments [the First and Sixth speaks of 
an unlimited right of access to the courtroom on the part of the 
broadcasting news media . . . ." Moreover, they [the National 
Association of Broadcasters and the Radio Television News 
Directors Association] recognize that the "primary concern of all 
must be the proper administration of justice . . . that life or 
liberty of any individual in this land should not be put in 
jeopardy because of actions of any news media . . . and that the 



^^ 2 Cooley's Constitutional Limitations 931-932 (Carrington ed 1927). 

^2 Douglas, "The Public Trial and the Free Press", 33 Rocky Mt L Rev 1 (1960). 



due process requirements in both the Fifth and Fourteenth 
An\endn\ents and the provisions of the Sixth Amendments 
require a procedure that will assure a fair trial . . . ."^^ 
"As has been said, the chief function of our judicial machinery is to ascertain 
the truth. The use of television, however, cannot be said to contribute 
materially to this objective. Rather its use amounts to the injection of an 
irrelevant factor into court proceedings."^'^ The Court continues in the 
opinion to enumerate different, unconstitutional influences that television has 
upon the judicial system. 'The potential impact of television on the jurors is 
perhaps the greatest significance."^^ It would be difficult to suggest that the 
circumstances surrounding the Estes cases would not influence the jurors or 
anyone else connected with the case. As reported in the New York Times : 
A television motor van, big as an intercontinental bus, was 
parked outside the courthouse, and the second-floor courtroom 
was a forest of equipment. Two television cameras had been set 
up inside the bar and four more marked cameras were aligned 
just outside the gate. A microphone stuck its 12 inch snout 
inside the jury box, now occupied by an overflow of reporters 
from the press table, and three microphones confronted Judge 
Dunagen on his bench. Tables and wires snaked over the 
floor.^^ 
In the judicial system the largest concern is not influence upon the legally 



Amici Curiae Brief of the National Association of Broadcasters and the Radio Television 
News Directors Association, Estes at 548. 
^^ Estes at 555. 
^^ Estes at551. 
■^^ The New York Times. September 25, 1972. Quoted in Kingsley, p. 91. 



educated, but the influence upon those that cannot counterbalance the 
information with the law. The most notorious cases are those broadcasted and, 
unfortunately for the judicial system, this is the time for restraint and 
knowledge rather than rumor and headlines. "If the community be hostile to 
an accused a televised juror, realizing that he must return to neighbors who 
saw the trial themselves, may well be led 'not to hold the balance nice, clear 
and true between the State and the accused . . . .'"^^ New trials are jeopardized 
by the possibility that the old trial was viewed by the new jurors. The second 
negative influence of the television is applied to the "quality of the testimony 
in criminal trials."^^ The psychological impact of televised testimony upon 
witnesses cannot be calculated and the reduction of the human factor is a 
challenge enough for the judicial system. In addition, the televised court 
proceeding would circumvent the invocation of the rule against witnesses. If a 
witness can go home and watch the day's proceedings on his or her television, 
the court-ordered isolation from other witnesses and, thus testimony in its 
entirety, are voided. Third, "a major aspect of the problem is the additional 
responsibilities the presence of television places on the trial judge."-^^ 
Discounting the physical distractions of television cameras, judges are also 
psychologically affected by the constant eye of the camera. This distraction 
hurts the due process of all those involved in the criminal procedure. "Finally, 
we cannot ignore the impact of courtroom television on the defendant."'*^ A 
physical, mental, and emotional third degree is not conducive to a fair and free 
trial atmosphere and is, therefore, a violation of the due process clause of the 

^^ Estes at552. 
^^Estes at 552. 



Estes at 553. 
Estes at 554. 



Fourteenth Amendment and the original intention of the Sixth Amendment. 

In the concurring opinion of Estes, Justice John Marshall Harlan II continued 

the above line of thought. 

Permitting television in the courtroom undeniably has 
mischievous potentialities for intruding upon the detached 
atmosphere which should always surround the judicial process . . . 
[M]y conclusion is that there is no constitutional requirement 
that television be allowed in the courtroom, and, at least as to a 
notorious criminal trial such as this one, the considerations 
against allowing television in the courtroom so far outweigh the 
countervailing factors advanced in its support as to require a 
holding that what was done in this case infringed the 
fundamental right to a fair trial assured by the Due Process 
Clause of the Fourteenth Amendment.^ ^ 

In re Murchison, Justice Hugo Black pointed out in his majority opinion that: 
A fair trial in a fair tribunal is a basic requirement of due process. 
Fairness of course requires an absence of actual bias in the trial of 
cases. But our system of law has always endeavored to prevent 
even the probability of unfairness'*^ . . . [T]o perform its high 
fimction in the best way "justice must satisfy the appearance of 
justice."'*-' 
The Court concluded that televising a criminal trial against the wishes 

of the defendant is indeed a violation of the due process clause of the 

Fourteenth Amendment and that the First Amendment freedoms do not 

extend "a right to news media to televise from the courtroom."'*'* The 



'^^ Estes at 557. 

'*^ InReMurchison. 349 US 133, (1955). 

'*^ Offuttv. United States. 348 US 11, 14 [99 L. cd. 11, 75 S. Ct. 11). 



concurring opinion of Chief Justice Earl Warren orJy strengthened the 
assertions of the majority opinion. 

I believe that it violates the Sixth Amendment for federal courts 
and the Fourteenth Amendment for state courts to allow 
criminal trials to be televised to the public at large. I base this 
conclusion on three grounds: (1) that the televising of the trial 
diverts the trial from its proper purpose in that it has an 
inevitable impact on all the trial participants; (2) that it gives the 
public the wrong impression about the purpose of trials, thereby 
detracting from the dignity of court proceedings and lessening 
the reliability of trials; and (3) that it singles out certain 
defendants and subjects them to trials imder prejudicial 
conditions not experienced by others.'*^ 
A case that came before the Supreme Court in 1966 deflates the argument 
that only Presidential assassins suffer from prejudicial publicity. In Sheppard 
V. Maxwell, 384 U.S. 333, (1966) the petitioner, accused of murdering his wife, 
was tried before a jury in the Court of Common Pleas of Cuyahoga County, 
Ohio. The petitioner was convicted of second degree murder, and his 
conviction was affirmed by the Court of Appeals of Cuyahoga County and the 
Ohio Supreme Court. Seven years later, on a writ of habeas corpus, the United 
States District Court for the Southern District of Ohio ruled that the petitioner 
had been denied a fair trial. The Court of Appeals for the Sixth Circuit reversed 
that decision. On certiorari, the Supreme Court reversed.'*^ The 
constitutional questions addressed and answered in this opinion serve as 



'*'*Estesat551. 

Estes at 563, concurring opinion. 
'^^ She ppard v. Maxwell. 384 US 333, (1966). 



judicial consent to the recommendations made in the Reardon Report. 

A responsible press has always been regarded as the 
handmaiden of effective judicial administration, especially in 
the criminal field .... The press does not simply publish 
information about trials but guards against the miscarriage of 
justice by subjecting the . . . judicial processes to extensive public 
scrutiny and criticism. This Court has, therefore, been tmwilling 
to place any direct limitations on the freedom traditionally 
exercised by the news media for "[w]hat transpires in the 
courtroom is public property.'"^^ The "unqualified prohibitions 
laid down by the framers were intended to give to liberty of the 
press . . . the broadest scope that could be counterbalanced in an 
orderly society ."^^ 

But the Court has also pointed out that "[l]egal trials are not 
like elections, to be won through the use of the meeting-hall, the 
radio, and the newspaper.'"*^ And the Court has insisted that 
no one be punished for a crime without a charge fairly made and 
fairly tried in a public tribunal free of prejudice, passion, 
excitement, and tyrarmical power."^^ "Freedom of discussion 
should be given the widest range compatible with the essential 
requirement of the fair and orderly administration of justice."^^ 
But it must not be allowed to divert the trial from the "very 



'*^Crai g at374. 
■^^ Bridges at 204. 
'^^ Bridges at207. 



^° Chambers V. Florida. 309 US 227, (1940). 

^^ Pennekamp v. Florida. 328 US 331, 347, (1946). 



purpose of a court system ... to adjudicate controversies, both 
criminal and civil, in the calmness and solemnity of the 
courtroom according to legal procedures. "^^ 
Several constitutional issues coincided with each other in the Sheppard 
case. The Court asserted that if a trial judge fails to insulate court proceedings 
and the jury from prejudicial publicity and disruptive influences that it could 
be cause for appeal as a violation of the due process clause of the Fourteenth 
Amendment. The Court declared that 

[i]f the juror has seen or heard information which is either 
inadmissible in evidence or strongly slanted against the 
defendant, the effect of permitting the juror to sit as a trier of fact 
may be (1) to deprive the trial judge of effective control over the 
admission of evidence, or (2) to have the juror give more weight 
to testimony which is consistent with the publicity than to 
testimony which is not.^^ 
The Court argued that the state court does have the power to control the 
publicity in the court and assure a fair trial without directly censoring the 
media. The courthouse and the courtroom are both under the jurisdiction of 
the judge, and the court can control the publicity in these areas. The Supreme 
Court also recognized, however, that criminal procedure, even if followed, 
may not be able to combat a hostile environment, and due process may be 
violated anyway. However, little or nothing was done to prevent the massive 
publicity and contamination of the judicial process in the Sheppard case. The 
Court "itemizes" the violations of the due process clause in the following 
excerpt: 



^^ Cox V. Louisiana. 379 US 559, 583, (1965) (Black, J., DissenHng). 
^^ Rideau v. Louisiana Annotation at 1247. 



There can be no question about the nature of the publicity 
which surrounded Sheppard's trial. We agree with the findings 
in Judge Bell's opinion for the Ohio Supreme Court: 

"Murder and mystery, society, sex and suspense were combined 
in this case in such a manner as to intrigue and captivate the 
public fancy to a degree perhaps unparalleled in recent annals. 
Throughout the pre-indictment investigation, the subsequent 
legal skirmishes and the nine-week trial, circulation-conscious 
editors catered to the insatiable interest of the American public 
in the bizarre .... In this atmosphere of a "Roman holiday" for 
the news media, Sam Sheppard stood trial for his life."^'* 
Indeed, every court that has considered this case, save the court 
that tried it, has deplored the manner in which the news media 
inflamed prejudiced the public.^^ 

Much of the material printed or broadcast during the trial was 
never heard from the witness stand, such as the charges that 
Sheppard had purposely impeded the murder investigation and 
must be guilty since he had hired a prominent criminal lawyer; 
that Sheppard was a perjurer; that he had sexual relations with 
numerous women; that his slain wife had characterized him as a 
'Jekyll-Hyde"; that he was a "bare-faced liar" because his 



54 



Sheppard v. Maxwell. 165 Ohio St., at 294, 135 NE 2d at 342. 



Typical comments on the trial by the press itself include: 
"The question of Dr. Sheppard's guilt or innocence still is before the courts. Those who have 
examined the trial record carefully are divided as to the propriety of the verdict. But almost 
everyone who watched the performance of the Cleveland press agrees that a fair hearing 
for the defendant in that area, would be a modem miracle." Harrison, 'The Press vs. the 
Courts," The Saturday Review. Octob>er 15, 1955. 



testimony as to police treatment; and finally, that a woman 
convict claimed Sheppard to be the father of her illegitimate 
child. 

As the trial progressed, the newspapers summarized and 
interpreted the evidence, devoting particular attention to the 
material that incriminated Sheppard and often drew 
unwarranted inferences from testimony. 

The Court's fundamental error is compounded by the holding 
that it lacked power to control the publicity about the trial . . . 
Since he viewed the news media as his target, the judge never 
considered other means that are often utilized to reduce the 
appearance of prejudicial material and to protect the jury from 
outside influence. We conclude that these procedures would 
have been sufficient to guarantee Sheppard a fair trial . . . The 
carnival atmosphere at trial could easily have been avoided 
since the courtroom and courthouse premises are subject to the 
control of the court .... 

The court should have insulated the witnesses. Although the 
witnesses were barred from the courtroom during the trial the 
full verbatim testimony was available to them in the press. This 
completely nullified the judge's imposition of the rule.^^ 

Thirdly, the court should have made some effort to control the 
release of leads, information, and gossip to the press by police 
officers, witnesses, and the counsel for both sides. Much 
information thus disclosed was inaccurate, leading to groundless 
rumors and confusion .... The fact that many of the prejudicial 



56 



See Estes v. Texas, supra, 381 US at 547, 14 1. ed. 2d at 552. 



news items can be traced to the prosecution, as well as the 
defense, aggravates the judge's failure to take any action.^^ 
Effective control of these sources - concededly within the court's 
power - might well have prevented the divulgence of 
inaccurate information, rumors, and accusations that made up 
much of the inflammatory publicity. [Emphasis Added] .... Had 
the judge, the other officers of the court, and the police placed 
the interest of justice First, the news media would have soon 
learned to be content with the task of reporting the case as it 
unfolded in the courtroom - not pieced together from 
extrajudicial statements.^^ 
In Irvin, the Court had placed the burden of proof of prejudicial 
environment upon the defendants and the court transcripts. In Sheppard, the 
Court "held that identifiable prejudice need not be shown as a demonstrable 
reality and referred to a 'totality of circumstances.'"^^ The examination of the 
circumstances surrounding the trial by the Court proved that Dr. Sheppard did 
not receive a fair trial free from outside influences and prejudice. "In light of 
this background, we believe that the arrangements made by the Judge with the 
news media caused Sheppard to be deprived of that 'judicial serenity and calm 
to which (he) was entitled. "^^ This was a violation of the his Fourteenth 
Amendment right to due process. 

Judge Edwards of the U.S. District Court for Southern District of Ohio 
dissented from its review of the Sheppard case and, though against the leeway 

^''Sce Stroble v. California. 343 US 181, 201, (1952). 
^^ Sheppard at 61 6-61 7.ibid. 
5^ Parker, p. 34. 
^" Sheppard at 618. 



given to the courts over the media and communications organizations, 
supported voluntary agreements between bar and bench (similar to the 
Reardon recommendations). The Supreme Court makes a specific reference to 
the following part of Judge Edwards' dissent as being representative of the high 
Court's opinion. 

Limitations upon lawyers, or the press, pertaining to the period 
from the beginning of the impaneling of a jury to its verdict, are 
limitations which all people of good will should accept with 
alacrity and without compulsion, because the trial of a case is a 
relatively short period of time and any abusive practices during 
the trial can be subsequently brought to light in its immediate 
aftermath. But the suggestion of a general ban upon comment 
on matters which may occasion the invoking of a criminal 
charge is far too broad a stricture to be warranted by any abuse of 
due process with which I am personally acquainted.^^ 
Recent decisions have turned the direction of the free press and fair trial 
debate around. In Chandler v. Florida. 449 U.S. 560, (1981) the Court reversed 
its traditional stance against the media in the courtroom. "State programs 
permitting radio, television, and photographic coverage of criminal 
proceedings over accused's objection, [are] held [to be] constitutional absent [a] 
showing of prejudice."^^ j^e petitioner was charged with a crime that 
prompted excessive great media attention. The defense filed a pretrial motion 
challenging the canon of the Florida Code of Judicial Conduct that allowed for 
electronic media and still photographic coverage of public judicial proceedings. 

^^ Edwards, George Jr. "A Ranking U.S. Judge: The Greatest Threat Since McCarthy," The 
Bulletin of the Americ an Society of Newspaper Editors. No 502. New York: American 
Society of Ncwspap)er Editors, Novemtx?r 1, 1966. 

^ ^ Chandler V. Florida. 449 US 560, (1981). 



The motion was denied, the defendants were tried and convicted, and the 
Florida District Court of Appeal affirmed the convictions. On appeal, the 
United States Supreme Court affirmed.^^ The burden of proof of juror 
prejudice was once again placed solely on the shoulders of the defense. 'The 
defendant must show something more than juror awareness that the trial is 
such as to attract the attention of broadcasters."^ The press must have 
impaired the ability of the judge or jury to adjudicate with fairness and 
objectivity or the press must have had an adverse impact on the trial 
participants. The prevailing circumstances surrounding a trial would no 
longer be taken into consideration. The impact of the publicity must be 
documented in order that convictions affected by this publicity may be ruled 
upon. In response to Justice Harlan's concurring opinion in the Estes case and 
the recommendation that media coverage be avoided in the name of judicial 
serenity. Chief Justice Warren Burger argued: 

An absolute constitutional ban on broadcast coverage of trials 
cannot be justified simply because there is a danger that, in some 
cases, prejudicial broadcast accounts of pretrial and trial events 
may impair the ability of jurors to decide the issue of guilt or 
irmocence uninfluenced by extraneous matter .... A case 
attracts a high level of public attention because of its intrinsic 
interest to the public and the manner of reporting the event. ^^ 
The Court determined that an absolute ban against possibilities of 
prejudicial contamination of the judicial process was extreme and 
unconstitutional. However, at no time in Chandler did the Court decide to 

^^ Chandler at740. 
^^ Chandler at742. 
^^Chandlerat752. 



overturn the reasoning in Estes . Prejudicial publicity was still held to be 
outside the constitutional protection of freedom of the press; thus freedom of 
the press was determined not to be absolute. Using case studies. Chapter Five 
will examine the practical applications of the Supreme Court's rulings in the 
fair trial versus free press debate. 



Cfui-pter V 
Case Studies Jrom Aiianta 



This chapter applies the information presented in the previous chapters to 
cases from the Atlanta metropolitan area in Georgia. All cases are from the 
Atlanta journal and Constitution . No official statement of cooperation exists 
between the Bar Association of Georgia and the Georgia Press Association. 
Therefore, the Atlanta cases and their coverage will be compared to the sample 
case presented in the Reardon Report in order to answer several research 
questions. For example, have the conditions that prompted the Report 
subsided or increased? Did the bar and press in the Atlanta area follow the 
conditions of control presented in the Report? If the conditions were not 
followed, would the problems related to the publicity surrounding the cases 
been reduced if the conditions had been followed? If the conditions were 
followed, did the defendants suffer from prejudicial publicity despite judicial 
efforts? 

On July 11, 1988, a preschool education teacher disappeared from the 
exclusive streets of Buckhead, Georgia. The social status of Ms. Love's fiance, 
Mark Kaplan, co-owner of Gorin's Ice Cream chain, allowed for her search to 
remain in the headlines long after other missing person cases would have been 
declared "old news." After a year of searching, a break occurred in the Julie 
Love Disappearance Case. On Friday, August 25, 1989, a headline on the front 
page of the Atlanta Constitution read "Informant's Tip Led Police to Julie Love: 
Angry Girlfriend Said She Witnessed Rape, Murder."^ The grizzly discovery 
^ Adam Gelb. 'anformant's Tip Led Police to Julie Love: Angry Girlfriend Said She Witnessed 



was accompanied by a grizzly description: 

At dawn, an eerie haze hangs over the trash-clogged woods 
along Grove Park Place. Pine trees and piles of wet rotting trash 
line the half mile stretch between Johnson and Hortense roads 
in northwest Atlanta. Weeds grow out of gutted sofas. 
Mosquitos drone over a malodorous stream choked with 
discarded trees and a stove and the air is thick with the stench of 
a dog's decaying corpse. The people who live near this dismal 
scene were not the least surprised Thursday to find it contained 
the body of Julie Love. Some were surprised that hers was the 
only one police found. ^ 
Thus began an eight month media blitz for prospective jurors from Dekalb 
County and its surrounding areas. The media coverage included almost sixty 
separate stories about the victim, the victim's family, the suspects, and the trial. 
For months at a time, the printed press would run stories day after day. Thirty- 
three of the stories appeared in the five month interval (averaging one story a 
week) between the arrest of the suspects and the beginning of the trial of 
Emmanuel Hammond, though during most of this time, there was a gag order 
in effect from the judge in the case. 

The possible circumvention of justice for the suspects in this emotional case 
is best examined in comparison to the sample case given in the appendix of the 
Reardon Report [Table I]. The Reardon Report focused attention upon the 
Miami Herald 's coverage of the Mossier-Powers trial as a prime example of 
excess coverage, to the point of being dangerous to fair trial, by the print media. 



Rap>e, Murder," Atlanta Constitution . August 25, 1989; sec. A, p. 1, col. 2. 
cborah Scroggins. "Dumping Ground Where Body 
Constitution . August 25, 1989; sec. A, p. 16, col. 1. 



Deborah Scroggins. "Dumping Ground Where Body Found A No Man's Land," Atlanta 



The Reardon Committee examined six aspects of the Herald 's coverage. The 
first aspect, the newspaper's placement of the stories, determined whether or 
not a majority of the newspaper reading public and prospective jurors would 
see the story. Banner headlines and page one stories are certain to be seen and 
read. Stories within the first six pages of each section have a high probability of 
being read. Beyond this, a story is considered buried and its publicity effect 
diminished tremendously. Table 2 compares the Reardon example with the 
numbers of all the Atlanta cases examined in this chapter. 

In their respective coverages of the Mossier-Powers trial and the Love case, 
the Herald and the Constitution totaled about the same number of stories, fifty- 
four for the Herald and fifty-seven for the Constitution . The distinction should 
be made, however, that in the Reardon report, the Herald 's reporting was 
limited to trial reporting, while the Constitution 's reporting included pre-trial 
and, in some cases, pre-arrest stories as well as trial and post-trial coverage. In 
the Herald 's coverage of the Mossier-Powers trial, from commencement of the 
trial to report of the verdict, two banner headlines appeared. In the 
Constitution 's coverage of the Love case, from finding of the body to 
Emmanuel Hammond's death sentence, there were three banner headlines. 
Other page-one coverage included ten stories for the Love case, twenty-five for 
the Mossier-Powers trial. Prominent stories, those printed on the first page 
through the sixth page of the inside sections, numbered sixteen for Mossier- 
Powers trial and thirty-three for the Love case. The Herald "buried" eleven 
Mossier-Powers stories; the Constitution buried eleven stories for the Love 
case. 

The first and second parts of the Reardon recommendations dealt with 
controlling of delineation of information by attorneys, officers of the court, and 
law enforcement officers. The sources of information are the second section of 



table of the Mossier-Powers trial coverage. The prosecutor was counted as the 
source for six separate pieces of information. The Love case illustrates a 
definite increase in the information disseminated by the prosecuting attorney's 
office, namely, thirty-two separate references to the district attorney. However, 
it would be misleading to suggest that only the prosecuting attorney uses the 
power of the press. 

The defense can use the press for its own purposes, and often 
does. If through astute usage of the public-relations power of 
the press, the defense can generate sympathy for the defendant, 
chances for a not-guilty verdict, or a lighter sentence, are 
multiplied. In each case the press is a willing, knowing 
accomplice. One does not balance the other, though. The public 
always seems more willing to believe police and prosecution 
than the defense, particularly if the crime is sufficiently vicious 
and bloody.-' 
The defense seems to have taken advantage of the press in the Mossier- 
Powers trial when compared to the number of times the prosecution used the 
press. Thirteen times the defense was cited as the source of information for the 
Herald . In the Constitution 's coverage of the Love case, the defense is cited 
only eighteen times. Compared to the thirty-six quotes from the prosecuting 
attorney's office, the defendants do not seem to have used the press to their 
advantage. The defendants were two black males with previous criminal 
records charged with murdering a cute, petite preschool teacher. The press 
portraying the defense in a sympathetic light seemed highly unlikely. There is a 



Howard Felshcr and Michael Rosen. The Press in the lury Box . New York: The MacMillian 
Company, 1966. p. 80. 



unilateral increase of information coming from the both the prosecuting and 
defense attorneys in the Love case from the attorneys in the Mossier-Powers 
case. The Constitution relied on the attorneys, while the Herald seems to have 
gained a large portion of their information from trial proceedings and court 
documents. The trial proceedings only produced eleven cited pieces of 
information in the Julie Love case. In the Mossier-Powers trial, forty-two 
pieces of iriformation were cited as coming from the trial proceedings and court 
documents. 

The police are not listed as separate sources in the Herald 's case by the 
Reardon Committee in Table 1; however, the influence of cited police 
information should not be ignored. With quotes ending with "said 
authorities" or "police chief, said" the impact and credibility of the statement 
are manifold. Stories leaked to reporters by "'authoritative sources,' 'reliable 
sources,' and 'responsible officials.' No one is quoted directly. Readers 
understand."^ In the Love case, police/authorities were cited 129 times. The 
catch-all section of "other reporting by newspaper" included statements taken 
from family, friends, and first-hand observation of the reporters. Here the gap 
between the Love and Mossier-Powers trials narrows. In the Herald, other 
sources reported by the newspaper numbered forty-five; in the Constitution, 
other sources reported by the newspaper numbered fifty-seven. 

Review of the defense behavior in the printed press by the Reardon 
committee shows little use of the press by the defense in comparison to the 
Love case. General comments by the defense attorney for the Mossier-Powers 
trial numbered only at three; for the Love case, there were eighteen comments 
by the defense attorney. The defendant in the Mossier-Powers case gave more 
general interviews that the defendant in the Julie Love case. Discussions of 
'* Ibid, p. 79. 



plea negotiations increased in the Love trial because one of the defendants did, 
eventually, plead guilty and testify against the other defendant. In the Love 
case there were eight separate mentions of the plea negotiations; in the 
Mossier-Powers trial, there was only one mention of a possible plea 
negotiation. 

During the trial phase, the fifth section of the Reardon Committee's report 
of print newspaper coverage, the Herald' s and Constitution' s coverage was 
similar. Motions made at the trial numbered five for the Mossier-Powers trial 
and three for the Love trial. Jury selection comments were ten and eleven for 
the Love case and the Mossier-Powers trial respectively. 

The final section of the Reardon Comnuttee's examination of the Mossier- 
Powers trial and the Miami Herald 's extrajudicial coverage of that trial is the 
one section that is not addressed or corrected in the final report. Any 
restrictions on the final section could easily be considered as unconstitutional 
restraint upon the press. Color and background commentary, though often 
prejudicial, cannot be restricted. In the Mossier-Powers trial twenty-seven 
commentaries about the individuals involved in the case appeared in the 
Herald . In the Love case, including information presented before the body of 
Ms. Love was discovered, background information and commentaries 
numbered at an incredible 195 comments. The interpretation of evidence 
differed in the two cases with the Love case only having one instance of 
interpretation by the press itself and the Mossier-Powers case having fourteen 
instances; these numbers do not include interpretation by the sources quoted. 
Interviews with the victim's family increased with the Love case, with 
nineteen interviews, versus the Mossier-Powers case, with only two 
interviews. 



If the Reardon standards are applied to the Love case, several "violations" 
are apparent. Parts 1 and 2, sec 1.2 (1), referring to both police and attorneys, 
state that the prior criminal record of criminal suspects should not be divulged. 
"Prior criminal records will be inadmissible except under limited circumstances 
and for restricted purposes. . . ."^ The Constitution printed the past criminal 
records of both Love suspects and repeatedly referred to them in articles. 
'There is, of course, good reason to inform the public of the kind of persons 
who are convicted of crimes and of alerting it to the problem of recidivism. 
But the question here, as elsewhere, is one of timing."^ In a one-month 
analysis of twenty newspapers across the country, the Reardon Committee 
foimd "eighty instances in which a record of prior convictions, arrests, or 
indictments was disseminated during the period from arrest to trial, and in all 
but seven of those instances, the source of information was the local police 
department."^ Parts 1 and 2, 1.2 (4) state that the testimony of any prospective 
witness should not be disseminated because "witnesses may substantially 
modify their stories under oath or after confrontation by the accused or cross- 
examination."^ 

One difficulty with pretrial reports of evidence seized [or the 
oral statements of witnesses] is that the evidence may have been 
obtained in violation of the defendant's constitutional rights and 
consequently be inadmissible at trial. Thus the effect of pretrial 
release may be that the trier of fact is exposed to information 
which cannot constitutionally be used to establish the guilt of 
the defendant. During the one-month period studied by the 

Advisory Committee on Fair Trial and Free Press, p. 17. 
^ Ibid, p. 30. 
"^ Ibid,p.3\. 
8 Ibid. 



Committee, the 20 newspapers analyzed contained 115 reports of 
evidence seized at arrest, all but one of which appear to have 
been derived from police sources. 

As to statements of witnesses, including the victim himself, 
one major problem is that the statement as it comes to the public 
is generally filtered through at least two intermediary sources: 
the public is reading the reporter's version of a public official's 
version of what the witness told the official or a subordinate. 
The hearsay evidence rule, which would preclude introduction 
of evidence offered in this manner, is not an archaic technicality; 
rather it has the deepest roots in the right of confrontation and 
cross-examination under oath. Statements of witnesses, 
particularly when they amount to an identification of the 
accused can of course be of a highly incriminating nature. Thus 
it is significant that during the one-month period studied in 20 
cities, there were 29 pretrial reports of identification of the 
accused by witnesses derived from police sources. ^ 
The statement of one suspect's girlfriend in the Love case was detailed and 

published in the Constitution . Details about witnessed sexual and physical 

assault as well as armed robbery were added to the grisly details of the skeletal 

remains of Ms. Love. 

Parts 1 and 2, 1.1 (6) restrict the release of the possibility of a guilty plea to 

the offense charged or a lesser offense because the defendant has the 

constitutional right to plead not guilty, regardless of discussions with any 

public office. The Reardon Report stated that: 

' Ibid, p. 36. 



[a] less frequent but nevertheless troublesome problem is raised 
by reports of plea negotiation ~ reports that the accused may 
plead guilty to the offense charged or a lesser offense. Although 
the decisions are not unanimous, it has generally been held that 
evidence relating to negotiations between the parties is 
inadmissible.^^ 
The Atlanta Constitution informed the reading public that Porter, a second 
suspect in the Love case, intended to plead guilty in exchange for the District 
Attorney agreeing not to ask for the death penalty in his case. Ultimately, one 
of the suspects, Hammond, was tried, convicted, and sentenced to death by a 
jury, and Porter received two consecutive life terms. 

A second example case is the trial of James Caldwell for the rape and 
murder of his twelve year old daughter and the attempted murder of his ten 
year old son. "Girl, 12, Found Strangled at Family's Marietta Apartment: 
Brother, 10, in Critical Condition With Many Stab Wounds." ^^ This was the 
banner headline in the Metro & State section of the Atlanta Constitution on 
Wednesday, August 17, 1988. The Caldwell mystery had begun. The brief life 
story of the murdered twelve year old junior high school student was displayed 
in a full page dedication to her memory. The paper even published the last 
poem that the young girl had written. Speculation of sexual abuse began in the 
paper on August 18, 1988. 

Kay Caldwell, the boy's mother found her nude and semi- 
conscious son lying face down in about 3 inches of water in a 
bathtub when she returned from work Tuesday afternoon. 



10 



Ibid. 



" Cynthia Durcanin. "Girl, 12, Found Strangled At Family's Apartment," Atlanta 
Constitution . August 17, 1988; sec. E, p. 1, col. 1. 



The body of her partially clad daughter was found in a 
bedroom. Police said autopsy results indicated she was sexually 
assaulted. 

Investigators believe the girl, a Marietta Junior High School 
student, may have been strangled with a shoelace or a piece of 
cloth. Police also recovered several pairs of blood stained 
scissors and a steel tipped dart they believe may have been used 
to stab the boy.^^ 
On August 21, 1988 stories appeared about the farruly's problems. Rumors 
about the father's involvement in his children's attack began on August 23, 
1988. 

In the comparison with the Reardon Reports' example of the Miami 
Herald 's coverage of the Mossier-Powers trial, the coverage by the Atlanta 
Constitution of the Caldwell Case shows an increase in the use of the media by 
the officers of the court and law enforcement officials. In the Mossier-Powers 
trial there were two banner headlines and twenty-five page one articles; in the 
Caldwell trial there were no banner headlines and only seven page one articles. 
Nevertheless, there were twenty-three stories in the inside sections for the 
Constitution (accounting for seventy percent of all the coverage of the case) and 
only sixteen (accounting for thirty percent of all the coverage of the case) for the 
Herald's coverage. The Herald had eleven buried stories; the Constitution had 
three buried stories. Finally, sixty-one percent of the stories for the 
Constitution had photographs and sixty-three percent of the stories for the 
Herald had accompanying photographs. As in the case of Julie Love murder 
trial, there has been no decrease in publicity following and during a trial since 



1 7 

Cynthia Ourcanin. "Slain Marietta Girl Was Sexually Assaulted, Autopsy Results Show," 

Atlanta Constitution . August 18, 1988; sec. B, p. 1, col. 1. 



the time of the Reardon recommendations. 

The concern over the release of information by prosecuting and defense 
attorneys does not seem to have swayed the use of the press by these offices. In 
the Mossier-Powers trial, there were six instances in which the prosecuting 
attorney was quoted as the source of information by the press. The prosecutor 
commented on jury selection once; defense motions once; opening arguments 
once; identification of witnesses once; and discussion of plea negotiations once. 
In the Caldwell murder trial, the prosecuting attorney was quoted fifty-six 
times. Tom Charron, the District Attorney for Cobb Covmty, commented on 
jury selection ten times; defense motions twenty-five times; opening 
arguments three times; and the identification of witnesses six times. The 
defense for the Mossier-Powers trial was quoted thirteen times in the Miami 
Herald . The defense for James Caldwell was quoted forty times by the Atlanta 
Constitution . The Constitution also quoted the police/authorities sixty times. 
The only instance of decreased reliance upon by the press for information has 
been in the area of court or public documentation. In the Mossier-Powers trial, 
the court and public documents were referred to forty-two times. In the 
Caldwell trial the court and public documents were referred to only nineteen 
times. 

General comments about the trial procedures also showed a dramatic 
increase from the Mossier-Powers trial to the Caldwell trial. Motions at trial 
received minimal coverage, only five times, in the Miami Herald . However, 
in the Atlanta Constitution, the motions at trial, most of which were out of the 
presence of the jury, were covered heavily, seventy times. Jury selection 
coverage remained stable over the years ~ eleven for the Herald and ten for the 
Constitution . Jury deliberations presented a slight increase with three stories 



mentioning the deliberations for the Mossier-Powers trial and ten stories 
mentioning them for the Caldwell trial. The more emotional aspect of the trial 
by newspaper, the color and background commentary remained stable with 
twenty-seven instances of coverage by the Miami Herald and thirty instances of 
coverage by the Atlanta Constitution . However, the additional emotional 
appeal of interviews with the family did increase from the Mossier-Powers trial 
with only two instances to the Caldwell trial with forty-two instances. 

There is no evidence that the Reardon recommendations were ever 
enforced in the Caldwell press coverage. The numbers, however, show that the 
situation involved in the Caldwell case was the same, if not worse in some 
aspects, than the Mossier-Powers trial coverage. The Reardon standards, if 
applied, would have been "violated" in the Caldwell case. Even before the 
police had apprehended Robert Caldwell, the Atlanta Constitution had 
revealed the sad history of abandonment and abuse involved in the Caldwell 
family. ^•^ The release of non-pertinent information before the apprehension 
of a suspect is in direct violation of the standards set by the Reardon Report in 
Part 2, 2.2ia)}^ This barrage of information included Robert Caldwell's past 
criminal record of domestic criminal violations contrary to the suggestions of 
Parts 1 and 2, 1.1(1) of the Reardon Report.^^ The doubts of the family 
members, including Kay Caldwell, Robert Caldwell's ex-wife, were detailed for 
all of Cobb County and the surrounding area to read.^^ These doubts and 
speculations of the family members were in violation of Part 1 and Part 2, 1.1(4) 



Cynthia Durcanin. "Slain Girl's Father Has Vanished," Atlanta Constitution . August 22, 
1988, sec. A, p. 1, col. 2. 
''* Advisory Committee on Fair Trial and Free Press, p. 7. 

Cynthia Durcanin. "Conflicting Reports Received On Slain Girl's Missing Father," Atlanta 
Constitution . August 23, 1988, sec. B, p. 1, col. 3. 



of the Reardon report. 

The number of phone calls that the police received when Robert Caldwell 
disappeared showed the public's outrage and concern over the "child-killer." 
When his son, Ben Caldwell, was released from the local hospital on August 
30, 1988, it took three cars to take home the toys and flowers sent from 
unknown well-wishers in the Cobb County area. The public sympathy for the 
victims had multiplied because of the portrayal of the dysfunctional family in 
the newspapers. The Cobb County district attorney's appeal for the death 
penalty reflected the public's outcry over the atrocious crime. 

The Caldwell trial also became a test case for the use of DNA identification 
in the courtroom. The jury was excluded from the testimony about the 
admissibility of the DNA in the Caldwell case. The purpose of holding 
arguments outside the presence of the jury was to prevent the prejudicial effect 
of possible evidence that would not be admitted later in the official case. The 
Atlanta Constitution printed eight articles on the controversial DNA testing, 
the testimony about its judicial properties, and interpreted the possible trial 
results if the DNA was admitted in the Caldwell case. The Reardon Report 
suggested that "dissemination of specified information by any means of public 
communication, prior to the rendering of the verdict, may jeopardize the right 
to a fair trial by an impartial jury."^'' The removal of the jury by the judge was 
voided. 

After the headlines and editorials were saturated with the Caldwell case, the 
court did eventually place a gag order upon the court officers. It was in this 
environment that the prosecution contended that a fair and unbiased jury 
could be chosen and placed. In the end, Robert Caldwell was tried, convicted, 
and sentenced to life for the murder and rape of his daughter and attempted 
^'^Ibid, p. 12 



murder of his son. 

DNA testimony is now used to pinpoint identify criminals and it is probable 
that James Caldwell was guilty of the acts he was convicted of. However, a 
question remains. "Even if a guilty verdict is deserved, is it just if it has been 
obtained through the pressure of public opinion inflamed by the press?"^^ 
The following two cases differ from the above cases because neither has 
gone to trial. Thus, question posed is whether the proposed restrictions of the 
dissemination of information should be extended to the time of the offense 
itself. Perhaps information reported even before a suspect is apprehended can 
be identified as prejudicial should these cases go to trial. 

The precious picture of a cooing baby was placed under the disheartening 
title of "Missing Gwinnett Infant Believed To Be Kidnapped."^^ Two days 
later the headlines changed from the sorrow of the parents to "Father of 
Missing Baby Takes Lie Detector Test."^^ The police reported that there were 
too many inconsistencies in the father's story. The father went from a grieving 
parent to the number one suspect on a list of one. "The story was a Uttle 
bizarre and a littie unusual, even to police officers, said Larry Warren Gwinnett 
police spokesman."^^ 

"It's the lack of anything to substantiate his story," said Ron 
Impello, whose daughter, Kati\y Hard wick, is the baby's mother. 
'There are not witiiesses and that's a busy road. The police are 
trying to make his story hold water. I'm sure it wasn't 

^^Felsher, p. 92. 

^^ Phillip Pan. "Missing Gwinnett Infant Believed To Be Kidnapped," Atlanta Constitution . 

July 5, 1992; sec. D, p. 6, col. 1. 
20 Kay Torrance. "Father of Missing Baby Takes Lie-Detector Test," Atlanta Constitution . 

July 7, 1992; sec. D, p. 3, col. 5. 
2^ ibid. 



intentional. I think a horrible accident happened and he just 
didn't know what to do."^^ 

The headlines begin to question the father's story. "Like The Police, Mother 
Questions Husband's Story."^-^ "Father Sticks To Story; Hunt for Missing Girl 
Goes Nationwide."^'* "Kidnapping? Not Likely, Statistics Say."^^ "Child: 
Father's Story Doubted."^^ Speculation to physical and sexual abuse of both 
mother and child by Kenny Hardwick, though later refuted by an autopsy of the 
infant and an interview of the mother, continued throughout the 
investigation. In the end, Kenny Hardwick confessed to the accidental killing 
of his seven-month-old daughter. His confession became instant reading 
material for all of the Atlanta metropolitan area, including the county of 
Gwinnett, where Hardwick has the constitutional right to be tried. This case, as 
of date, has not come to trial. 

Though the analysis of the Mossier-Powers trial in the appendix of the 
Reardon Report only involved the Miami Heral d's coverage from the 
commencement of the trial to the report of the verdict, the numbers presented 
from the Atlanta Constitution' s coverage of the Baby Hardwick "kidnapping" 
show a pre-trial saturation of the potential jurors among the reading public in 
the Atlanta metro area. Haley Hardwick disappeared from her father's custody 

^ Kay Torrance. "Authorities To Continue Hunt for Baby," Atlanta Constitution . July 8, 1992; 
sec. C, p. 3, col. 1 

on 

Kay Torrance. "50 Volunteers Join Search for Missing Gwinnett Girl ," Atlanta Constitution . 



July 9, 1992; sec. C, p. 3, col. 1. 
Rob Job 
col. 1. 



^'* Rob Johnson. "Father Sticks to Story," Atlanta Constitution . July 18, 1992; sec B, p. 1, 



^ Kay Torrance. "Was Haley Kidnapped?," Atlanta Constitution . July 22, 1992; sec C, p. 7. 

col 6. 
•'^ Rob Johnson. "Haley Hard wick's Mysterious Journey," Atlanta Constitution . July 27, 

1992; sec. D, p. 1, col. 2. 



on July 4, 1992. For the next thirty days, the Atlanta Constitution ran more 
than thirty-five stories. Though there were no banner headlines and only five 
page one stories for the Hardwick case, there were twenty-nine stories 
prominently displayed in the inside sections. There were six buried stories. 
These stories, minus five commentaries on the possible excessive application 
of the death penalty in the Hardwick case, all occurred before the confession 
and apprehension of Kermeth Hardwick, Haley Hardv^ack's father. 

The sources involved in the Hardwick trial are similar to those outlined in 
the Mossier-Powers trial in the Reardon Report. The prosecutor in the 
Mossier-Powers trial was quoted six times; the prosecutor in the Hardwick 
investigation was quoted seven times. The focus of the paper's reporting in the 
Hardwick investigation can be identified with the tremendous difference in the 
sources attributed to the defense. In the Mossier-Powers trial there was a 
defense because of the adversary structure of the judicial system requires a 
defense. However, the adverse environment of pre-indictment press pressure 
does not. The Miami Herald quoted the defense thirteen times; the Atlanta 
Constitution quoted the defense, in the last known story, once. The 
Constitution quotes the police and other Atlanta authorities 131 times, before 
the confession of Kenny Hardwick. In an ironic tv^st, the police began to quote 
and use the press as a source in their investigation in the missing baby case. 
And because Kenny Hardwick - Haley's father and the chief 
suspect in the Lav^o-enceville girl's disappearance - is reluctant 
to cooperate fully with them , the police are poring over 
newscasts and news articles to find out what he is telling 
reporters that he's not telling them. 
"We have to find out, like everyone else, what's going on," 



Chief [Wayne] Bolden said.^^ 
The emotional reporting of the suffering mother numbered sixty-two times. 
Color and background commentary coverage numbered eight-five times. 
Interpretation of possible evidence numbered more than those cases that went 
to trial, and thus ones that had documented evidence, at twenty-eight times. 
The police, after the confession of Kenny Hardwick, confessed to their own 
manipulation of the news media in order to pressure Hardwick to confess to 
his daughter's murder. 

Their suspect was stonewalling; physical evidence was nil. So 
Gwinnett County police say they made a strategic decision that 
ultimately broke Kenny Hardwick and revealed the secret he had 
kept for 25 days. 

In the days after 7-month old Haley Hardwick disappeared, 
Gwirmett Police Chief Wayne Bolden and his top advisors 
worked out their plan: They would turn up the publicity heat on 
Hardwick until the pressure made him unravel. 

"We were thinking. Tie's a suspect, our Number 1 suspect,'" 
Chief Bolden said. "So we decided in that meeting we would go 
straight to the press." 

The heat was intense. Hardwick was hounded by newspaper, 
television and radio reporters, whose questions became more 
and more pointed as they picked apart his incredible tale of 
unknown burglars and roadside kidnappers. The police fed the 
frenzy, saying repeatedly that they didn't believe Hardwick and 
calling him their only suspect. 



^'' Rob Johnson. "Detective Sift Tips in Hunt for Missing Girl." Atlanta Constitution . July 21, 
1992;sec. D,p. l,col. 1. 



He finally broke early Tuesday, leading police to remote 
Gwinnett woods where he's left his daughter for dead. He was 
charged with murdering her.^^ 
The numbers and the final confession by the police about their tactics raise a 
new questions that the Rear don Report failed to address. Should the flow of 
iriformation be controlled before a suspect is arrested and charged formally 
with a crime? The Reardon Report makes no distinction and labels no specific 
point in which material used by the press ceases to be useful for the common 
good and becomes prejudicial and damaging to the defendant's right to a fair 
trial. At what time does the balance between the individual's right to a fair trial 
and the society's right to a free and informative press change? Is a citizen's 
right to a fair trial damaged or threaten any less before his or her arrest if the 
public has been saturated with the crime and the suspect's name tied together? 
Beyond the new questions above, Kenny Hardwick's confession should not 
have been announced in the Constitution according to the recommendations 
of the Reardon and Medina Reports. The past criminal record should not have 
been printed in violation of the recommendations of the Reardon and Medina 
Reports. 

A second pre-trial publicity example is the suspicion surrounding Fred 
Tokars' role in his wife's murder. On November 30, 1992, the front page of the 
Atlanta Constitution read "Wife of Prominent Lawyer Slain as Her 2 Sons 
Watch: Police Have Few Clues in 'Bizarre Case'."^^ The picture of the pretty, 
blonde, young woman smiled out from under the horrible headline. 

Sara Tokars, wife of a prominent lawyer and a volunteer at her 

2^ Rob Johnson. "Police Set Media Trap to Help Trip Hardwick," Atlanta Constitution. July 29, 

1992; sec. A, p. 1, col. 5. 
2^ Bill Torpy. "Wife of Prominent Lawyer Slain as Her 2 Sons Watch/' Atlanta 

Constitution, December 2, 1992. sec A, p 1, col. 1. 



children's school, was killed in her car Sunday night by a nearly 
pointblank shotgun blast to the head after being abducted from 
the family's Cobb County home. 

Her sons Ricky, 6, and Michael, 4, watched from passenger 
seats.^^ 
The picture of the two small boys under the calm portrait of the home 
accompanied the above story. Speculation as to the real cause behind the 
murder began the first day the case was reported in the newspaper. With the 
title "Burglars Rarely Ball, Police Say,"^^ an article detailed that a disrupted 
burglary probably was not the motive behind the killing. 'Tokars: Many 
'Strange Things' About Cobb Slaying"^^ was the headline that followed less 
than twenty-four hours after the initial break in the case. 

"There's a lot of strange things; you can't focus on one thing." 
But a botched burglary attempt appears to be fading as a scenario. 
There are no signs of forced entry into the home, police said. 
The intruder was there late on Sunday night, when people 
would be expected to return home from holiday trips. Nothing 
was ransacked. A shotgun usually is not a burglar's tool. . . . 
Authorities say Mr. Tokars has given police a "cursory 
interview" about the basic details .... Mr. Tokars "is not a 
suspect at this time," said A. B. Allred chief of the Cobb detective 
bureau.^'' 



30 



Ibid. 



^^ Jack Warner. "Burglars Rarely Kill, Police Say," Atlanta Constitution . December 2, 1992; 

sec. A, p. 6, col. 3. 
■'^ Bill Torpy and Mark Curriden. 'Tokars: Many 'Strange Things' About Cobb Slaying," 



33 



Atlanta Constitution . December 2, 1992; sec. C, p. 1, col. 1. 

Ibid. 



All of the above was printed around a stock photo of Mr. Fredric Tokars, 
who at the time was not a suspect. The story of Fred Tokars' business, past 
criminal record, and associates became daily reading in the Atlanta 
Constitution . Possible connections between the killing of his wife and another 
associates murder in Chicago were developed by the press and the police. The 
arrest of two associates of Tokars in relation to his wife's murder spurred 
speculation that Tokars had hired these men to kill his wife. More 
information came to light when an attorney announced that Mrs. Tokars had 
seen him about obtaining a divorce. The picture perfect world of this 
handsome couple was taken apart piece by piece by the press and the police. 
When Mr. Tokars attempted suicide on Christmas Eve, claiming that he could 
not live without his wife, the emotional appeal was turned against Tokars by 
the press. Speculation occurred that Tokars tried to take his life out of guilt. 
Officially, Tokars is only a suspect. Reporter Mark Pettit explores the feeding 
frenzy around the Tokar's case in the Constitution 's 'Torum: The Media and 
Crime." 

Like most, I am suspicious of Fredric Tokars, but I have tried to 
temper that suspicion with experience. . . . 

To reporters who are competing with police to solve the mystery, I 
offer a piece of history and advice: Be careful. . . . 

When Julie Love disappeared in July 1988, her case quickly became 
one of the most highly publicized stories in Georgia history. Her body 
would not be found for more than a year, and the search for her killer 
was intense. 1 witnessed firsthand the pressure on police. . . . 

Statistics show that 95 percent of murder victims knew the person 
who killed them. Gradually, I was becoming convinced that Julie 



Love was among that number. 

And I wasn't alone. Behind the scenes, investigators were telling 
me that they, too, had serious suspicions about Mark Kaplan. 

Surprised at his [Mark Kaplan, Julie Love's boyfriend] reaction, I 
grilled every available source close to the Julie Love investigation. 
Two high-ranking sources implied that something was about to break 
in the case and that Mr. Kaplan was the prime suspect. . . . 

Just days before my story would have led the evening news, the real 
murderer's girlfriend beat me to the headlines .... 

Reporters must also remember that police investigators are human 
and, when necessary, will use the media to deflect criticism from 
themselves, even if it means casting suspicion on the innocent. . . . 

I see Fredric Tokars as a symbol, both of what's right and wrong 
with the media, and I am troubled. Round-the-clock stakeouts lead to 
sensational news coverage; facts and evidence lead to the truth. I 
hope the former won't keep us from the latter. ^^ 
This case involving Fred Tokars has yet to be solved or come to trial. 
Two banner headlines and four front page news stories have been printed 
in the Atlanta Constitution . The Constitution has printed twenty-three stories 
prominently in the inside sections and has buried only one story. Of the thirty 
stories, fifteen have had a picture of the family or Fredric Tokars accompanying 
it. Though the case has not come to trial, the prosecutor for Cobb County has 
made twenty-one statements to the Constitution compared to the six 
statements made by the prosecutor in the Mossier-Powers trial. The defense 
attorneys, of both suspects and of Mr. Fred Tokars, were quoted forty-three 

^^ Mark Pettit. "Tokars Case is Reviving Memories of Julie Love," Atlanta Constitution. 
January 10, 1993; sec. F, p. 1, col. 1. 



times compared to the thirteen statements made in the Mossier-Powers trial. 
The police and the Atlanta authorities were quoted sixty-six times. Background 
and color commentary coverage occurred thirty-four times in the Atlanta 
Constitution: the Miami Herald has twenty-seven instances of commentary. 
Before trial, there have been fifteen interpretations of evidence in the Tokar's 
case. In the Mossier-Powers trial there were fourteen instances of evidence 
interpretation. The question of whether Fred Tokars could receive a fair trial, 
should he be charged, in Cobb County, Georgia brings to question the rights of a 
citizen before arrest. 

In Escobedo v. Illinois 378 U.S. 478 (1964), the Supreme Court extended the 
right to cotmsel prior to indictment. Due to the number of confessions that 
were occurring during the period prior to indictment, the Court determined 
this period a "stage when legal aide and advice are surely needed."^^ A 
parallel argument can be formed using this case and the Miranda v. Arizona 
384 U.S. 436 (1966) case to extend protection to individuals who are the focus of 
intense media attention and pressure. The following is quoted from Escobedo 
twenty-eight years before the Kenny Hardwick or Fredric Tokars cases, 
however, if the term "police" is replaced with "press", the parallel becomes 
clear. 

We hold, therefore, that where, as here, the investigation is no 
longer a general inquiry into an unsolved crime but has begun 
to focus on a particular suspect, the suspect has been taken into 
police custody, the police carry out a process of interrogations 
that lends itself to eliciting incriminating statements, the suspect 
has requested and been denied an opportunity to consult with 



^^ Escobedov. Illinois. 378 U.S. 478, (1964). 



his lawyer, and the police have not effectively warned him of his 
absolute constitutional right to remain silent, the accused has 
been denied "the Assistance of Counsel" in violation of the 
Sixth Amendment to the Constitution as "made obligatory upon 
the States by the Fourteenth Amendment," . . . and that no 
statement elicited by the police during the interrogation may be 
used against him at a criminal trial.^^ 
The question of the individual's rights versus the society's rights is argued 
in the Miranda case. The Court deternuned in this case that when an 
individual is taken into custody or deprived of his freedom by authorities, the 
privilege against self-incrimination is put in jeopardy. "[T]he Constitution has 
prescribed the rights of the individual when confronted with the power of 
government when it provided in the Fifth Amendment that an individual 
cannot be compelled to be a witness against himself."^^ Again, a parallel can 
be drawn between the need for protection and identification of rights in the 
Miranda case and the present need for such protection in the above described 
cases if one replaces "authorities" with "press". 



36 



Ibid. 



^^ Miranda v. Arizona. 384 U.S. 436, (1966). 



I same case 2 

of related cases 1 

if prior record not in 

I 
in courthouse 17 



MIAMI, FLORIDA, HERALD COVERAGE 
OF THE MOSSLER-POWERS TRIAL 

Analysis of the coverage of the Mossier-Powers case from commencement of the trial 
to report of the verdict (not including other verdict-day stories) 



Trealmenl 




Defense 




Banner headline 


2 


General interviews by defendant 


9 


Other page one 


25 


Comments by defense attorney 




Prominent (first page of 




General 


2 


inside section) 


16 


Crank letters 


1 


Buried 


11 


Plea negotiation 


1 


Total 


54 
34 


Defendants' failure to testify 


1 


Accompanied by photo 


Trial 




Percent with photo 


63 


Motions at trial 
Jury selection 


5 






11 


Sources 












Arguments to jury 


11 


Prosecutor 


6 






Defense 


13 


Hearings and arguments 








in absence of jury 


16 


Trial proceedings 


42 










Evidence presented 


21 


Other reporting by newspaper 


45 










Jury deliberations 
Verdict 


3 


Prosecutor 




1 


Comment on jury selection 










Other Reporting by Newspaper 




Comment on defense motions 




Color and background commentary 27 


Comment on opening arguments 












Interpretation of evidence 


14 


Identification of witnesses 




Interviews with judge 




Discussion of plea negotiation 




Explanation of jury selection 


1 


Discussion of related federal suit 




Intention not to sequester 

Crank mail 

Reprimand to defendant 


1 
1 

I 






Interview with victim's brother 


2 






Discussion of related federal suit 


4 






Comment in signed columns 


5 






Photographs in courthouse 


29 




c 



chapter Vl 
1{eso[utions and ^commendations 



The question of cooperation among bench, bar and press and the form it 
should take haimts the constitutional debate between the free press and fair 
trial proponents. 

Both sides realize that if they take no action, there looms in the 
background the possibility that changes will be brought about by 
statute — an idea repugnant to the large majority in both 
professions. . . . Several attempts have been made at the state 
level, notably in Massachusetts, to restrict the flow of 
information by law. Although none of these attacks on press 
freedom have been successful so far, it is impossible to forecast 
what will happen if press and bar are unable to arrive at some 
viable solution to the problems which confront them.^ 
"It seems reasonable to say that statements of principle or codes of ethic are 
the most ready solution."^ At the state level, more progress had been made 
in the bench-press cooperation effort at the time of the nationalized 
codification efforts of the Reardon, Medina, ASNP, or ASNE proposals. "Even 
prior to the report of the ABA study committee three state agreements had 
been adopted, in Oregon (1962), in Massachusetts (1963), and in Washington 
(1966)."^ "It is considerably more realistic, on the basis of the information 



Kingsley, p. 5. 
Kingsley, p. 5. 

Legal Advisory Committee on Fair Trial and Free Press of the American Bar Association. 
Fair Trial/Free Press Voluntary Agreements . American Bar Association, Legal Advisory 



Q 



^ 



gathered . . ., to look for codes and statements at the state, rather than the 
national, level."^ The structure of several of these state voluntary bench-bar 
codes has proven effective in the battlefield of the above described war over 
constitutional rights. The remaining question is whether voluntary codes of 
ethical behavior are as enforceable and effective as association conduct codes or 
non-voluntary compromises between the two sides of the debate? 

The first state to organize bench-bar-press principles was Oregon in 1962. 
Before the Reardon Report, the principle statement was simply a general 
declaration of purpose. 'It was, in most cases, only after the Reardon Report 
was released that many states adopted specific statements of permitted and 
restricted information."^ 

The typical form of one of these agreements is a preamble 
followed by the specific standards. The preamble generally 
affirms the right to freedom of the press and the right of a person 
to a fair trial. Then a statement is made that the parties to the 
agreement will try to reconcile these rights in accord with the 
principles. 

Obviously patterned after the Reardon Report, these 
statements generally prohibit reporting of opiruons about the 
defendant, admissions or confessions, results of tests, statements 
concerning truthfulness of witnesses or anticipated testimony, 
and opinions concerning evidence. 
However, the states' guides are usually not as definitely 



Committee on Fair Trial and Free Press, 1973-1974. 
** Kingsley, p. 121. 
^ Jane Rae Mauer Doty. A History of Oregon's Pre-Trial Publicity Guidelines and How They 

Are Used By 20 Daily Newspapers . Thesis, June 1969. 



f 



worded as was the Reardon Report. Irxstead of makir\g the 
guided unequivocal do's or don'ts, the framers often leave room 
for disgression depending upon the circumstances in each 
individual criminal case. Thus, these guides are often worded, 
"It is usually appropriate to print the following information," or 
"Disclosure of the following information should be avoided."^ 
The Oregon Bar-Press-Broadcasters Joint Statement of Principles was 
submitted to the Oregon Bar Association, the Oregon Newspaper Publishers 
Association, and the Oregon Association of Broadcasters before the release of 
the Reardon Report. The statement below follows the above quoted formula: 
Oregon's Bill of Rights provides both for fair trials and for 
freedom of the press. These rights are basic and unqualified. 
They are not ends in themselves but are necessary guarantors of 
freedom for the individual and the public's right to be informed. 
The necessity of preserving both the right to fair trial and the 
freedom to disseminate the news is of concern to responsible 
members of the legal and journalistic professions and is of equal 
concern to the public. At times these two rights appear to be in 
conflict with each other. 

In an effort to mitigate this conflict, the Oregon State Bar, the 
Oregon Newspaper Publishers Association and the Oregon 
Association of Broadcasters have adopted the following 
statement of principles to keep the public fully informed 
without violating the rights of any individual. 
1. The news media have the right and the responsibility to 
print and to broadcast the truth. 
^ Doty, p. 11 - 12. 



2. However, the demands of accuracy and objectivity in news 
reporting should be balanced with the demands of fair play. 
The public has a right to be informed. The accused has the 
right to be judged in an atmosphere free from undue prejudice. 

3. Good taste should prevail in the selection, printing and 
broadcasting of the news. Morbid or sensational details of 
criminal behavior should not be exploited. 

4. The right of decision about the news rest with the editor or 
news director. In the exercise of judgment he should consider 
that: 

(a) an accused person is presumed innocent until proven 
guilty; 

(b) readers and listeners are potential jurors; 

(c) no person's reputation should be injured needlessly. 

5. The public is entitled to know how justice is being 
administered. However, it is unprofessional for any lawyer to 
exploit any medium of public information to eiUiance his side 
of a pending case. It follows that the pubUc prosecutor should 
avoid taking unfair advantage of his position as an important 
source of news; this shall not be construed to limit his 
obligation to make available information to which the public is 
entitled. 

In recognition of these principles, the undersigned hereby 
testify to their continuing desire to achieve the best possible 
accommodation of the rights of the individual and the rights of 
the public when these two fundamental precepts appear to be in 



conflict in the adn\inistration of justice/ 
The document was signed by the Oregon State Bar, the Oregon Newspaper 
PubUshers Association, and the Oregon Association of Broadcasters. How have 
such voluntary agreements between the bar, the broadcasters, and the 
newsmen fared in reality. Since all readily agreed to the oblique conditions 
proposed, then the original framers of the preamble assumed that the 
conditions would be followed and honored. According to Doty's survey of 
twenty major newspapers in the state of Oregon in June of 1969, the above 
assumption was unfounded and failed to materialize. As Doty reported: 
The findings were disappointing. In only four of the twenty 
daily newspapers in the study did both the editor and reporter 
know the content of and use the Guidelines. On only two other 
papers were the reporters familiar with the Guidelines. 

The conclusion one must draw is that the Guidelines are being 
used consciously only on a very limited scale — at least among 
Oregon's daily newspapers. . . . Hence, one might ask: "Was the 
adoption of the Guidelines by the ONPA merely lip service?" 
Many publishers certainly did not feel them important enough 
to impress upon their staff members the necessity of knov^ng 
and adhering to the Guidelines. In many cases, it appears, the 
Guidelines were approved by the publishers and did not filter 
down to the grass roots elements -- the working newsmen. 
However, the Guidelines themselves are in part to blame for 
their lack of importance. The wording "rarely appropriate to 
disclose" leaves open a door by which newsmen might 
somehow justify inclusion of almost anything in a story .^ 
''/Wd, p. 19-21. 



The findings of Doty are not surprising if one reads the original debates 

among the framers of the Oregon statement. Though all had an ideal end in 

mind, the newspaper representatives refused to allow any specific and definite 

admonishments of the releasing of potentially prejudicial information to be 

added to the statement. The difference between suggested guidelines and 

legally binding restrictions was determined to be the suppression of free speech 

and free press, not to mention the sacrifice of fair trial. The attitude of the news 

representatives was best summarized by a working press professional not 

associated with the Oregon case. 

However, I can assure you one thing, there will not be . . . any 

agreement with the Bar and Bench regarding pre-trial and 

during-trial news. We contended that there . . . has been a 

responsible Press, and will continue to be responsible Press, and 

it does not need any directive from either the Bar Association or 

the Bench to tell them how to handle the dissemination of 

crime news, or court news, in this state. However, we are 

willing to sit down with them and talk to them and hold our 

breath until we're blue in the face, if it will help them.^ 

Oregon was not the only state to form committees, which drafted preambles, 

statements of purpose, or guidelines in the hopes of resolving the conflict 

between the free press and the right to a fair trial. In Louisiana, specific 

conditions were listed for both the bar and the press; however, the infamous 

catch-all phrase "the following should be avoided" took all the power of 

enforcement out of the document. The idea that "good taste" should prevail 

over the media's judgment seems to have the legal community bowing to the 

^ Ibid, p. 99 -\Q0 
^ Kingsley, p. 133. 



First Amendment while offering up the Sixth Amendment as a sacrifice to the 
almighty freedom of the press. At the time of introduction to the Louisiana 
Bar Association, the Chairman of the Louisiana Press Association referred to 
the state's "Guide to News Media and Bar Relations" as "harmless enough . . . 
[so] we gave it our approval. Since the guide was voluntary and not binding, 
he said, its adoption had been easy."^^ 

The state bar-press representative agreements of California, Colorado, New 
Jersey, New York, North Dakota, and Washington are displayed in the 
appendix. In none of the codes do the tentative, proposed recommendations 
have consequences if they are not followed. In California, "to give concrete 
expression to these principles in newsmen's language the following statement 
of policy is recommended for voluntary adoption by California newspapers 
and news broadcasters." [Emphasis Added] ^^ In Colorado, the committee 
suggests that before determining whether or not to publish material the editor 
should consider that "such dissemination may impose particular risks when it 
occurs after the filing of formal charges and as the time of trial approached." ^^ 
New Jersey comes the closest to an official declaration with the following 
statement: "the press feels that unless very special circumstances dictate 
otherwise, it is not appropriate to publish prior to trial the following. . . ."^^ 
"The following information should not be made available for publication" is 



10 



Ibid, p. 125. 



Toint Declaration Regarding News Coverage of Criminal Proceedings in California . Quoted in 
Legal Advisory Committee on Fair Trial and Free Press, the American Bar Association. Fair 
Trial/Free Press Voluntary Agreements . The American Bar Association, 1974. p. 19. 

Compact Of Understanding of the Bar and Press of Colorado . Quoted in Legal Advisory 
Committee on Fair Trial and Free Press, the American Bar Association, p. 22. 

Statement of Principles and Guidelines for Reporting of Criminal Procedures . Quoted in Legal 
Advisory Committee on Fair Trial and Free Press, the American Bar Association, p. 28. 



the force with which Washington and New York offer their recommendations. 
[Emphasis added] ^'^ 'The codes do not, since they are voluntary, force any 
member to follow any given policy (although they may give that member the 
feeling that he is morally obligated to do so under normal circumstances) nor 
do they prevent him from ignoring the guidelines should the circumstances 
warrant it."^^ 

Questions and recommendations listed by Doty in her analysis of the 
Oregon State Press-Bar Agreements could be applied to all of the above 
described state press-bar guidelines. The first of the recommendations is the 
usage of precise language in reference to that which is "prohibited" and that 
which can be published. "The meaning of 'precise' should be definitely spelled 
out for those who are to use the Guidelines."^^ Second, "[d]oes pre-trial mean, 
as The Oregonian contends, in the two or three weeks before the trial or does it 
mean from the time of arrest to the time the person goes on trial?" In addition 
to the questionable terms and loopholes built into the association guidelines. 
Doty also points out that many of the grass-roots journalists had never heard of 
the guidelines of Oregon, much less the Reardon Report. "These reasons 
suggest that a means of disseminating the Guidelines with a well-prepared 
background sheet directly to the working newsmen is needed."^^ 

Even with the proposed reforms of Doty, voluntary agreements seem only 
to pay only lip service to the call for reform and reconciliation in the fair trial - 
free press debate. If one side of the debate can pick and choose when to pay 



Free Press - Fair Trial Principles and Guidelines for the State of New York. Fair Trial - Free 
Free Council of North Dakota . Quoted in Legal Advisory Committee on Fair Trial and Free 
Press, the American Bar Association, p. 30, 36. 

^5 Kingslcy, p. 135. 

^^Doty, p. 101. 

^"^Ibid, p. 102. 



attention to the guidelines, then the use of them beconnes questionable. 
Constitutional cases would prevent action restricting press representatives who 
are charged with contempt by publication. Blanket bans of the press in the case 
that at some time prejudice might creep into local trial cases cannot be justified 
or constitutionally defended. The question still remains as to the resolution of 
the constitutional problem. 

The resolution of the debate has already been delivered to the weary 
associations of the bar, bench and the press. The Reardon Report (or the 
similar recommendations found in the Medina Report) recommendations, if 
enforced by the bar and the bench, could balance the constitutional rights that 
are presently disproportionate. The dissemination of the iriformation is the 
key to the solution of this dilemma. At a local level, the controlling of district 
attorneys, police officers, and officers of the court would have a measurable 
effect. Perhaps trials involving such notorious defendants as Richard Speck, 
Charles Manson, and Lee Harvey Oswald could not be controlled, but, at the 
local level, with fewer possible sources of information and a closer scrutiny of 
those very sources, trials of such manufactured notoriety as Sheppard or even 
the James Caldwell rape and murder trial could have been tempered. 

The press' freedom to investigate would not be restricted or limited. The 
traditional sources of information would simply be constitutionally controlled. 
Though the public may have an assumed constitutional right to know, the 
press does not have the constitutional right to force information from a source. 
The Reardon recommendations and their control over the courtroom and 
courtroom proceedings do not violate any present constitutional protection of 
the press. 

Beginning with the period prior to arrest and indictment, the ABA 



recommendations do not restrict the media in their pursuit and investigation 
of information surrounding a crime. The recommendations only 
"contemplate prompt release of information that a crime has been committed, 
facts of the crime, that an investigation is under v^ay and its general scope." ^^ 
The identification of an individual as a suspect, especially repeatedly as in the 
case of Kenny Hardwick, is proscribed by the Committee. The orUy reasons for 
the release of a suspect's name would be to warn the public or to sohcit public 
aid in the investigation. The recommendations "do not impinge in any way 
upon the freedom of the media to expose corruption in administration of 
public affairs, or to criticize the courts or law enforcement."^^ Finally, in 
reference to the rights and recommendations outlined by the ABA for potential 
defendants, investigative tests and examination results are prohibited from 
being released. Opinions are also proscribed. These same recommendations 
allow for lawyers to refer the press to public records of the courts or other public 
agencies. The press becomes the general public. What is available to the public 
is available to the press, no more, no less. 

At the time of arrest and charge specific and pertinent information has been 
outlined by the Committee to be disseminated to the press. The normal and 
acceptable reporting of crime news is not hampered, "but merely the official 
releases of the results of test or statements which may not be admissible at 
trial."20 The motivation of the Committee was to prevent the publication of 
material that, with their reading by potential jurors, circumvents the judicial 

18 

American Bar Association, Legal Advisory Committee on Fair Trial and Free Press. The 

Ri ghts of Fair Trial and Free Press: An Information Manual for the Bar, News Media. Law 

Enforcement Officials and Courts . Chicago: Legal Advisory Committee on Fair Trial and Free 

Press, ABA, 1969. p. 12. 

Ibid. 



19 



20 



Ibid. 



system and the exclusionary rule. Confessions, investigative examinations or 
tests, and personal opinions of the attorneys can prejudice every aspect of the 
judicial system, and even when excluded officially from the courtroom, the 
effect can prevent a defendant from having a fair trial. 

Pretrial proceedings can be closed to the public at the defendant's request. 
The ABA recommendations allow for the defendant to waive the public aspect 
of his arraignment or pretrial hearing in order to maintain a sense of decorum 
and to prevent outside prejudice. "The court in each instance would decide 
whether there is a 'substantial likelihood' of interference with fair trial."^^ 
The guidelines "do not permit the permanent secrecy of any judicial 
proceeding. Whenever any part of a preliminary hearing is held in chambers 
or closed to the public and media, the complete record shall be made available 
at the completion of the trial."22 The press' fear about secret trials is dispelled 
with this check on the judicial system. Once again, the bench and the bar are 
not censoring the press. It is the timing of the information that is detrimental 
to the fair trial guarantee. 

Finally, the reforms of the bench and bar about trial proceedings the trial 
make it unethical for attorneys to make out-of-court statements about the 
issues involved in the case unless referring to public records. The bar also 
provides for changes of venue, "gag orders", sequestering of juries, and 
contempt citations in order to curb the effect of prejudicial information upon 
the judicial system. 

All of these recommendations, suggestions, and commentaries have been 
in existence for at least thirty years as separate entities. The resolution to the 
fair-trial-free-press debate lies with the enforcement of the combination of 
21 Ibid, p. 13. 



22 



Ibid. 



those recommendations within the protection of the U.S. Constitution. For 
example, the "gag order" was supposedly in effect in both the James Caldwell 
case and the Julie Love case. However, the press still quoted prejudicial 
information as coming from attorneys, witnesses, and other participants in the 
cases. If the contempt citation was part of the "gag order" and a consistent 
enforcement of court silence orders was presented, perhaps the bench orders 
might be more closely followed. The possible violation of the defendant's right 
to a speedy trial due to court remedies for "infected proceedings" would be 
lessened if the bar and bench would take the initiative to enforce, not remedies, 
but solutions. The controlling of the sources of information is a realistic and 
legally sound course of action in this debate; however, imless enforcement is a 
regular occurrence, the theories of resolution will remain theories. 

Because the guidelines of the past thirty years have failed to change the 
status quo, my conclusion proposes new set of recommendations. They 
involve only law enforcement officer, the bar, and the bench. To avoid 
constitutional issues involving the freedom of the press and the right of every 
American citizen to know what occurs in the courtrooms, my proposed 
guidelines do not include contempt actions and control attempts against the 
media and the printed press. Arguably, the strict enforcement of the following 
recommendations will prove to be effective enough to reduce the tension and 
the conflict between fair trial and free press. 

The part one of the new suggestions involves recommendations concerning 
police conduct. Obviously, the police are the prime source of information , and 
more often than not misinformation, for reporters and new restrictions must 
address the failures of the old recommendations to plug this "flow of leaks." 

First, the following recommendations will come into effect before the arrest 
of a suspect. As noted in Chapter Five, an individual's right to a fair and 



impartial trial used to begin with his or her arrest and/or formal interrogation. 
The press' extension of coverage to include extensive questioning of potential 
suspects before arrest has necessitated increased vigilance of the individual's 
right to a fair trial. As Chapter Five's case studies illustrate, a nev\^spaper's 
reference to an individual as a "top suspect" or "first suspect on a list of one" 
suggests guilt even before there is enough evidence to bring charges. This 
situation seems to guarantee an unfair trial from the start. 

Second, the label "police and other authorities" should include badge 
officers, investigative officers, police spokespersons (civilian or officers), 
medical examiners, laboratory technicians, and any other authorities involved 
in the processing of a criminal case. When participating in a local 
investigation, state and federal agents should be included in the above-defined 
group. 

Third, based upon recommendations from the Reardon Report and the 
New York Bar Association Report (the Medina Report), the following 
information should not be disseminated to the press by the police and other 
authorities: 

1. Comments and speculation on the motivation behind a crime; 

2. The prior criminal record (including arrests, indictments, or other 
charges of crime) and the character or reputation of the defendant (or 
suspect); 

3. Existence and details of confessions, admissions of guilt, or any 
statements made by the suspect or defendant while either in police 
custody or voluntary visits; 

4. Performance and results of any examination or tests of the suspect and 
the defendant or the refusal of the suspect or defendant to submit to 



these tests; 

5. Information concerning medial, scientific evidence such as laboratory 
or ballistics tests or fingerprints; 

6. The identification and credibility of any witnesses; 

7. The possibility of a plea bargain; and 

8. Any speculation as to the suspect's or the defendant's guilt or 
innocence. 

Of the prohibited iriformation listed above, only the prior criminal record is 
a public document. The rest of the information, which is routinely released to 
the press, is not even necessary to protect or inform the public. Indeed, the 
reporting of such information often seems purely based on its entertainment 
value. The above list does not prohibit basic biographical information (name, 
age, occupation, marital status, and other personal data not related to the crime 
or the character of the defendant or suspect) to be given out. At the time of 
arrest, the circumstances surrounding the arrest (arresting officers, 
investigating officers, and basic description of the seizure) can be disseminated 
to the press. However, contrary to the recommendation of the Reardon Report, 
these recommendations would not allow for the nature, substance, and 
description of the evidence seized during the arrest to be published. The legal 
intricacies involving the exclusionary rule and the real possibility of the 
suppression of some, if not all, of the evidence seized should prevent the press 
from circumventing this judicial check on the police procedure. In the cases 
presented from the Atlanta metropolitan area and other recent cases referred to 
in several state bar-press agreements, there were no instances of the police 
posing the defendant or suspect for the photographic advantage of the press. 
However, this too would be a proscribed behavior on the part of the police. 



Finally, the enforcement of the above recommendations involving police 
and other authorities is paramount to them being followed. It has been noted 
that most of the above recommendations were part of, at one point, one set of 
recommendations or another. Yet, these recommendations failed to alter the 
problems they identified. Enforcement is the key. Any violation of the above 
recommendations should be met with either professional disciplinary action or 
contempt citations ordered by the courts. 

Part two of the recommendations concerns advocate conduct. Attorneys, 
both prosecuting and defense, have been shown to use the printed news in 
order to obtain a trial by newspaper. These recommendations are proposed in 
the hope that litigation by publication will cease to exist. 

First, the reforms will be enforced beginning with the assignment of a 
criminal case to an assistant district or district attorney or the retaining of an 
attorney for the defense. 

Second, attorneys not directly involved in pending litigation are prohibited 
from making extrajudicial comments or predictions about the legal or 
sensational aspects of the case. It is recommended that oiUy those directly 
involved in the case, and only if necessary, comment. The following 
recommendations apply only to those attorneys. 

Third, based upon the recommendations listed in the Reardon Report, the 
Medina Report, and the American Bar Association's revised Canons of 
Professional Ethics, the following lists information which should not be 
disseminated to the press by attorneys involved in pending litigation. 

1. Comments and speculation as to the motivation behind a crime; 

2. The prior criminal record (including arrests, indictments, or other 
charges of crime) and the character or reputation of the defendant (or 



suspect); 

3. Existence and details of confessions, adnaissions of guilt, or any 
statements made by the suspect or defendant; 

4. Performance and results of any examination or tests of the suspect and 
the defendant or the refusal of the suspect or defendant to submit to 
these tests; 

5. Information concerning medial, scientific evidence such as laboratory 
or ballistics tests or fingerprints; 

6. The identification and credibility of any witnesses; 

7. The possibility of a plea bargain; 

8. Any speculation as to the suspect's or the defendant's guilt or 
innocence; 

9. Any reference to any constituted authority as to the guilt or innocence 
of the defendant or suspect; 

10. Any comment on evidence introduced in the proceedings; and 

11. Any comment or reference to materials, evidence, or statements 
excluded as evidence during the trial. 

Finally, enforcement of the above restrictions is necessary. The American 
Bar Association and all state bar associations should professionally discipline 
those attorneys seeking to practice the art of trial by newspaper. Disbarment 
procedures should be instigated against those attorneys cited for more than one 
instance of litigation by publication. The failings of th e Canons of Professional 
Ethics should not be allowed to repeat themselves year after year after year. 
There has not been a single case of disbarment procedures based upon the 
violations of Canons 5, 20, and 35. It is time to enforce those rules that were 
seen fit to be written. 

The last section of these recommendations concerns the bench, court 



officials and judicial procedure. First, the recommendations would begin with 
the indictment or arraignment of a suspect and would continue until after 
sentencing of a guilty defendant. 

Second, controls over judicial procedure include within its scope all judicial 
employees (i.e. clerks, bailiffs, deputy marshals, and all other court personnel) 
and judges. 

Third, the following are the recommendations for the prevention of 
publicity infecting the courtroom and remedies if such prevention fails. 

1. Pretrial hearings can be closed to the public and the press at the request 
of the defendant. The judge is to be responsible in deciding whether or 
not there is just cause to remove the general public and the press for fear 
of judicial interference. (See Branzburg v. Hayes 408 U.S. 665, (1972)) 

2. The court is to use all available judicial remedies when claims are 
made based on threatened interference with the right to a fair trial due 
to excessive publicity. The following are recommended procedures: 

A) Change of venue allows for a judge to determine that pretrial 
publicity has made it difficult or impossible for the accused to obtain a fair 
trial, and that twelve impartial jurors cannot be found in the county where 
the crime occurred. The trial may, at the judge's discretion, be moved to 
another locality; 

B) Change of venire is similar to the change of venue except jurors 
are brought in from another locality, also at the judge's discretion, so their 
impartiality may be assured; 

C) A motion for continuance can be granted by a judge when public 
sentiment is running high against the accused. The motion is granted to 
allow time for the prejudicial feelings to subside; 



D) A motion waiving a defendant's right to a jury trial can be granted 
by a judge when a fair and impartial jury is seen, by the defendant and the 
court, as impossible; 

E) Extensive voir dire involves a preliminary examination of one 
presented as a witness or juror, where his competency, interest, etc., is 
objected to. The court may challenge or object to an unlimited number of 
jurymen for "cause" or reason. An additional specified number of 
"preemptory" challenges are allowed to the prosecution or defense against a 
certain number of jurors, without assigning any cause; 

F) The sequestering of the jury is a court order which removes the 
members of the jury from the environment of high prejudicial public 
sentiment and media coverage; 

G) Gag orders are court orders prohibiting all those involved in a 
criminal case from making any out-of-court statements to the press, 
including references to public documents, matters of fact, or opinion; and 

H) Mistrials and the setting aside of a verdict are last resorts for the 
courts. A mistrial requires that the trial be stopped and a new trial ordered. 
The setting aside of the verdict simply is the reversal of a jury's verdict by a 
judge who believes that the verdict was reached with extrajudicial 
information. 

To the criticism that the above "remedies" have proven to be ineffective in 
the past, it should be noted that the use of the remedies above as a sole solution 
to the problem of pretrial publicity has doomed them to failure. With the 
vigorous use of the remedies in connection with the other recommendations, 
they become a part of a larger solution. 

Finally, enforcement of judicial procedure is required so that the 



recommendations do not fall on deaf ears. For court officials, contempt 
citations or removal from judicial positions would seem effective in 
preventing the dissemination of prejudicial material. For justices, the 
American Bar Association and state bar associations would have to take the 
initiative and instigate proceedings against judges who fail continuously to 
protect their courtroom from extrajudicial interference. It is at this level that 
the legal community has the greatest control over the environment in which 
justice is to be served. With the remedies and preventive measures available, 
the press can be systematically "leashed". 

At the practical local level, the dissemination of prejudicial information has 
been allowed for too long. At the practical local level, the remedies have been 
ignored for too long. At the practical local level, the right to a fair and 
impartial trial has been violated for too long. 



(BiB[io£rapfiy 



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Policy, 7: 51-53, May-June 1976. 

— . "Free Press/Fair Trial." Civil Liberties, 293: 4-5, February 1973. 

Kirkpatrick, Clayton. 'Tree and Fair." Chicago Bar Record, 50: 139-143, December 
1968. 

Kirtz, William. "For the Record: A Reporter's View of the Media-Bar Relationship." 
New England Law Review, 11: 371-381, Spring 1976. 

Lahey, John H. "Restrictions on Dissemination of Information in Criminal Trials." 
Ohio State Law Journal 31: 388-393, Spring 1970. 

Landau, Jack C. "Fair Trial and Free Press: A Due Process Proposed." American Bar 
Association Journal, 62: 55-60, January 1976. 

Law, Thomas, and Joseph Kramer. "The Reality of a Fair Trial in a Democratic 
Society." Journal of Urban Law, 47:399-426, 1969-1970. 

Lofton, John. 'Tretrial Crime News: To Curb or Not to Curb?" Current History, 61: 
71-74, 112, August 1971. (Reprinted in Rod Holngren and William Norton, 



eds.. The Mass Media Book, pp. 63-70). 

MoUenhoff, Clark R. "Meeting the Reardon Report at the Local Level." Bulletin of 
the American Society of Newspaper Editors, 59: 7, 15, May 1968. 

Moye, Robert J. et al. 'The American Bar Association Suggests an Answer to the 
Fair Trial - Free Press Dilemma." Duke Law Journal, 1967: 589-631, 1967. 

Murray, J. Edward. "Pretrial Reporting: Hardly One of the Real Obstacles to Fair 
Trial.' Bulletin of the American Society of Newspaper Editors, 514:9-11, 
December 1967. 

Nizer, Louis. "Headlines vs. Justice: Can We Have a Fair Trial and a Free Press at 
the Same Time?" Tournal of Beverly Hills Bar Association, 2(9): 18-23, 
October 1968. 

Oliver, Richard, and Burton B. Roberts. "Free Press vs. Fair Trial." Senior 
Scholastic, 108:30-31, 23 March 1976. 

Pollock, Merle and Fred Cohen. "Problems of Pretrial Publicity." Criminal Law 
Bulletin, 11:335-349, May-June 1975. 

Ragan, Samuel T. "Fair Trial with a Free Press: The Reardon Report Revisited." 
Tennessee Law Review, 37: 215-219, Fall 1969. 

Rawlings, Maurice E. "A Constitutional Balance Between Fair Trials and Free 
Press." Drake Law Review, 17: 1-10, December 1967. 

Reardon, Paul C. "Fair Trial - Free Press." Marquette Law Review, 52: 547-560, 
Winter 1969. 

Rendleman, Douglas. "Free Press - Fair Trial: The Review of Silence Orders." 
North Carolina Law Review. 52:127-164, November 1973. 

Riley, Samuel G., HI. 'Tretrial Publicity: A Field Study." Journalism Quarterly, 50: 
17-23, Spring 1973. 

Ruane, Don. The ABA and the Gag Guidelines . Columbia, Mo., Freedom of 
Information Center, School of Journalism, University of Missouri at 
Columbia, 1976. 8p. (Report no. 348) 



Schad, Lawrence W. 'The News and the Accused." Prospectus. 3: 95-138, December 
1969. 

Schwartz, Louis B. "Review of American Newspaper Publisher's Association's Free 
Press arid Fair Trial and the American Bar Association's Standards Relating 
to Fair Trial and Free Press." University of Pennsylvania Law Review, 
116:1118-1124, April 1968. (Reprinted in The Bulletin of the American Society 
of Newspaper Editors, November 1968.) 

Shapiro, David L. "Background and Development of the Recommendations of the 
American Bar Association Advisory Committee on Fair Trial and Free Press." 
Oklahoma Law Review. 22: 127-134, May 1969. 

Stern, Carl. "Free Press - Fair Trial: The Role of the News Media in Developing and 
Advancing Constitutional Processes." Oklahoma Law Review, 29: 347-360, 
Spring 1976. 

Tauro, G. Joseph. "Fair Trial - Free Press Revisited." American Bar Association 
Tournal, 55:417-419, May 1969. 

Taylor, Telford. 'Tress and Prejudice: The Impact of News on Justice." Proceedings 
of the American Philosophical Society. 112:121-125, 15 April 1968. 

Weschler, James A. "Free Press versus Fair Trial." Progressive, 29(3): 18-21, March 
1965. 

Weclew, Robert G. "Fair Trial - Equal in Value to Free Press." DePaul Law Review, 
16: 353-373, Spring-Summer 1967. 

Will, Hubert. "A Free Press and Fair Trial." Mississippi Law Tournal, 40: 495-506, 
October 1969. 

Wright, Donald R. 'Tair Trial and Free Press: Practical Ways to Have Both." 
Judicature, 54: 377-382, April 1971. 



Professional Association Publications 



American Bar Association. Canons of Professional Ethics, Rules for Civil Procedure . 
Chicago: Matindale-Hubbell, Inc., 1966. 

— . Judicial Canon 35: Conduct of Court Proceedings . Chicago: American Bar 
Association, May, 1958. 

American Bar Association, Advisory Committee on Fair Trial and Free Press. 
Standards Relating to Fair Trial and Free Press . New York: Institute of 
Judicial Administration, 1966. 

American Bar Association, Legal Advisory Committee on Fair Trial and Free Press. 
Fair Trial, Free Press: Voluntary Agreements . Chicago: Legal Advisory 
Committee on Fair Trial and Free Press, ABA, c 1974. 

— . The Rights of Fair Trial and Free Press: An Information Manual for the Bar, 

News Media, Law Enforcement Officials, and Courts . Chicago: Legal Advisory 
Committee on Fair Trial and Free Press, ABA, c 1969. 

American Enterprise Institute for Public Policy Research. The Press and the Courts: 
Competing Principles . AEI Forum, October 3, 1978. Washington: The 
Institute, c 1978. 

American Society of Newspaper Editors, American Newspaper Publishers 

Association Foundation. Free Press & Fair Trial . Washington, D.C.: ANPA 
Foundation, c 1982. 

Association of the Bar of the City of New York, Special Committee on Radio, 

Television, and the Administration of Justice. Freedom of the Press and Fair 
Trial, Final Report with Recommendations . New York: Columbia University 
Press, 1967. 

Twentieth Century Fund, Task Force on Justice, Publicity, and the First 

Amendment. Rights in Conflic t. New York: McGraw-Hill, c 1976. 

Warren Commission. The Report of the President's Commission on the 

Assassination of President John F. Kennedy . Washington, D.C.: United States 
Government Printing Office, 1964. 



Unpublished Materials 

Doty, Janet R. M. A History of Oregon's Pre-Trial Publicity Guidelines and How 

They Are Used by 20 Daily Newspapers . Eugene, OR., University of Oregon, 
1969. 127p. (Unpublished Master's thesis) 

Kingsley, Robert G. An Historical Study of Cooperation Between Press and Bar 
Associations . Columbia, MO., University of Missouri at Columbia, 1967. 
148p. (Unpublished Master's thesis) 

Parker, Eugene. Fair Trial and Free Press: Balancing Two Fundamental Rights . 

Athens, GA., University of Georgia, 1969, 99p. (Unpublished Master's thesis). 

Riley, Samuel G., HI. The Free Press - Fair Trial Controversy: A Discussion of the 

Issues Involved and an Examination of Pretrial Publicity by Survey Research . 
Chapel Hill, N.C., University of North Carolina, 1970. 230p. (Ph.D. 
dissertation. University Microfilms, no 71-11740). 

Yarbrough, Tinsley E. Fair Trial Versus Free Press: Trial Publicity and Procedural 
Due Process . University, AL., University of Alabama, 1967. (Ph.D. 
dissertation. University Microfilms, no. 68-1075). 



United States Supreme Court Cases 

Allen V. United States, (1924, CA7Ind), cert den 267 US 597. 

Beck V. Washington. 369 US 541, (1962) 

Brid ges v. California, 314 US 252, (1941). 

Chambers v. Florida. 309 US 227, (1940). 

Cox V. Louisiana. 379 US 559, (1965). 

Craig V. Harney. 331 US 367, (1947). 

Escobedo v. Illinois 378 US 478, (1964). 

Estes V. Texas. 381 US 532, (1965). 



In Re Oliver, 333 US 257, (1948) 

Irvin V. Dowd. 366 US 717, (1961). 

Marshall v. United States, 360 US 310, (1959) 

Miranda v. Arizona 384 US 436, (1966). 

Patterson v. Colorado, 205 US 454, (1907). 

Pennekamp v. Florida, 328 US 331, (1946). 

Reynolds v. United States. 98 US 145, (1879). 

Rideau v. Louisiana, 373 US 723, (1963). 

Sheppard v. Florida, 341 US 50, (1951) 

Sheppard v. Maxwell, 384 US 333, (1966). 

Stroble v. California, 343 US 181, (1952) 

Spies V. Illinois, 123 US 131, (1887) 

U.S. V. Barr, 25 F. Cas, 55 76-87 (No. 14,693) (C.C.D. Va. 1807). 

Newspapers 
Atlanta Constitution 
Miami Herald 
New York Times 
St. Louis Post-Dispatch 
The Washington Post 



Fair Trial and Free Press 



in the absence of such restraint, no steps that can be taken will effectively 
ensure the preservation of the right to a fair trial. 

There need be no basic incompatibility in the application of the first 
and sixth amendments separately or in tandem. It remains for all con- 
cerned to make a sincere effort to prove that fact— an effort which will 
require sustained cooperation and interchange. For that price, all of 
our rights and liberties can be made the more secure. 

This is our spirit and this our hope as we respectfully submit these 
recommendations. 



PART I. RECOMMENDATIONS RELATING TO THE CONDUCT 
OF ATTORNEYS IN CRIMINAL CASES 



1.1 Revision of the Canons of Professional Ethics. 

It is recommended that the Canons of Professional Ethics he re- 
vised to contain the following standards relating to public discussion 
of pending or imminent criminal litigation: 

It is the duty of the lawyer not to release or authorize the release of 
information or opinion for dissemination by any means of public 
communication, in connection with pending or imminent criminal 
litigation with which he is associated, if there is a reasonable likeli- 
hood that such dissemination will interfere with a fair trial or other- 
wise prejudice the due administration of justice. 

With respect to a grand jury or other pending investigation of any 
criminal matter, a lawyer participating in the investigation shall re- 
frain from making any extrajudicial statement, for dissemination by 
any means of public communication, that goes beyond the public 
record or that is not necessary to inform the public that the investiga- 
tion is underway, to describe the general scope of the investigation, to 
obtain assistance in the apprehension of a suspect, to warn the public 
of any dangers, or otherwise to aid in the investigation. 



§1.1 



Standards 



From the time of arrest, issuance of an arrest warrant, or the filing 
of a complaint, information, or indictment in any criminal matter 
until the commencement of trial or disposition without trial, a lawyer 
associated with the prosecution or defense shall not release or author- 
ize the release of any extrajudicial statement, for dissemination by 
any means of public communication, relating to that matter and 
concerning: 

(1) The prior criminal record (including arrests, indictments, or 
other charges of crime), or the character or reputation of the de- 
fendant, except that the lawyer may make a factual statement of 
the defendant's name, age, residence, occupation, and family sta- 
tus, and if the defendant has not been apprehended, may release 
any information necessary to aid in his apprehension or to warn 
the public of any dangers he may present; 

(2) The existence or contents of any confession, admission, or state- 
ment given by the defendant, or the refusal or failure of the defend- 
ant to make any statement; 

(3) The performance of any examinations or tests or the defend- 
ant's refusal or failure to submit to an examination or test; 

(4) The identity, testimony, or credibility of prospective witnesses, 
except that the lawyer may announce the identity of the victim if 
the announcement is not otherwise prohibited by law; 

(5) The possibility of a plea of guilty to the offense charged or a 
lesser offense; 

(6) The defendant's guilt or innocence or other matters relating to 
the merits of the case or the evidence in the case, except that the 
lawyer may announce the circumstances of arrest, including time 
and place of arrest, resistance, pursuit, and use of weapons; may 
aimounce the identity of the investigating and arresting officer or 
agency and the length of the investigation; may make an announce- 
ment, at the time of the seizure, describing any evidence seized; 
may disclose the nature, substance, or text of the charge, including 
a brief description of the offense charged; may quote from or refer 
without comment to public records of the court in the case; may 
announce the scheduling or result of any stage in the judicial proc- 



§1.2 



Fair Trial and Free Press 



ess; may request assistance in obtaining evidence; and, on behalf 
of his client, may announce without further comment that the cli- 
ent denies the charges made against him. 

During the trial of any criminal matter, including the period of 
selection of the jury, no lawyer associated with the prosecution or 
defense shall give or authorize any extrajudicial statement or inter- 
view, relating to the trial or the parties or issues in the trial, for dis- 
semination by any means of public communication, except that the 
lawyer may quote from or refer without comment to public records 
of the court in the case. 

After the completion of a trial or disposition without trial of any 
criminal matter, and while the matter is still pending in any court, a 
lawyer associated with the prosecution or defense shall refrain from 
making or authorizing any extrajudicial statement for dissemination 
by any means of public communication if there is a reasonable likeli- 
hood that such dissemination will affect judgment or sentence or oth- 
erwise prejudice the due administration of justice. 

Nothing in this Canon is intended to preclude the formulation or 
application of more restrictive rules relating to the release of informa- 
tion about juvenile or other offenders, to preclude the holding of hear- 
ings by legislative, administrative, or investigative bodies, or to pre- 
clude any lawyer from replying to charges of misconduct that are 
publicly made against him. 

1.2 Rule of court. 

In any jurisdiction in which Canons of Professional Ethics have not 
been adopted by statute or court rule, it is recommended that the sub- 
stance of the foregoing section be adopted as a rule of court governing 
the conduct of attorneys. 



1.3 Enforcement. 

It is recommended that violation of the standards set forth in sec 
tion 1.1 shall be grounds for judicial and bar association reprimand 
or for suspension from practice and, in more serious cases, for disbar- 



§2.1 



Standards 



ment or punishment for contempt of court. It is further recommended 
that any attorney or bar association be allowed to petition an appro- 
priate court for the institution of contempt proceedings, and that the 
court have discretion to initiate such proceedings, either on the basis 
of such a petition or on its own motion. 



PART II. RECOMMENDATIONS RELATING TO THE CONDUCT 
OF LAW ENFORCEMENT OFFICERS AND JUDICIAL 
EMPLOYEES IN CRIMINAL CASES 

2. 1 Rule of court relating to disclosures by law enforcement officers. 
It is recommended that the following rule be promulgated in each 
jurisdiction by the appropriate court: 

Release of information by law enforcement officers. 

From the time of arrest, issuance of an arrest warrant, or the filing 
of any complaint, information, or indictment in any criminal matter 
within the jurisdiction of this court, until the completion of trial or 
disposition without trial, no law enforcement officer subject to the 
jurisdiction of this court shall release or authorize the release of any 
extrajudicial statement, for dissemination by any means of public 
communication, relating to that matter and concerning: 

(1) The prior criminal record (including arrests, indictments, or 
other charges of crime), or the character or reputation of the de- 
fendant, except that the officer may make a factual statement of 
the defendant's name, age, residence, occupation, and family 
status, and if the defendant has not been apprehended, may re- 
lease any information necessary to aid in his apprehension or to 
warn the public of any dangers he may present; 

(2) The existence or contents of any confession, admission, or 
statement given by the defendant, or the refusal or failure of the 
defendant to make any statement; 

(3) The performance of any examinations or tests or the defend- 
ant's refusal or failure to submit to an examination or test; 



§2.2 



Fair Trial and Free Press 

(4) The identity, testimony, or credibility of prospective witnesses, 
except that the officer may announce the identity of the victim if 
the announcement is not otherwise prohibited by law; 

(5) The possibility of a plea of guilty to the offense charged or a 
lesser offense; 

(6) The defendant's guilt or innocence, or other matters relating 
to the merits of the case or the evidence in the case, except that 
the officer may announce the circumstances of arrest, including 
the time and place of arrest, resistance, pursuit, and use of weap- 
ons; may announce the identity of the investigating and arresting 
officer or agency and the length of the investigation; may make an 
announcement, at the time of the seizure, describing any evidence 
seized; may disclose the nature, substance, or text of the charge, 
including a brief description of the offense charged; may quote 
from or refer without comment to public records of the court in the 
case; may announce the scheduling or result of any stage in the 
judicial process; and may request assistance in obtaining evidence. 
The court may, in its discretion, initiate proceedings for contempt 

for violation of this rule, either on its own motion or on the petition 
of any person. 

Nothing in this rule is intended to preclude any law enforcement 
officer from replying to charges of misconduct that are publicly made 
against him, to preclude any law enforcement authority from issuing 
rules not in conflict herewith on this or related subjects, to preclude 
any law enforcement officer from participating in any legislative, 
administrative, or investigative hearing, or to supersede any more 
restrictive rule governing the release of information concerning 
juvenile or other offenders. 

For purposes of this rule, the term 'law enforcement officer* in- 
cludes any person employed or retained by any governmental agency 
to assist in the investigation of crime or in the apprehension or prose- 
cution of persons suspected of or charged with crime. 



2.2 Departmental rules. 

It Is recommended that law enforcement authorities in each juris- 



:mmmm^i^mm 



diction promulgate an internal regulation (1) embodying the prohibi- 
tions of the preceding section and (2) directing that releases not 
prohibited by that section be withheld during the relevant period if 
the information would be highly prejudicial and if public disclosure 
would serve no significant law enforcement function. It is further rec- 
ommended that such agencies adopt the following internal regula- 
tions: 

(a) A regulation governing the release of information, relating to 
the commission of crimes and to their investigation, prior to the mak- 
ing of an arrest or the filing of formal charges. This regulation should 
establish appropriate procedures for the release of information. It 
should further provide that, when a crime is believed to have been 
committed, pertinent facts relating to the crime itself may be made 
available but the identity of a suspect prior to arrest and the details 
of investigative procedures shall not be disclosed except to the ex- 
tent necessary to assist in the apprehension of the suspect, to warn 
the public of any dangers, or otherwise to aid in the investigation. 

(b) A regulation prohibiting (i) the deliberate posing of a person 
in custody for photographing or televising by representatives of the 
news media and (ii) the interviewing by representatives of the news 
media of a person in custody unless he requests an interview in writing 
after being adequately informed of his right to consult with counsel. 

(c) A regulation providing for the enforcement of the foregoing by 
the imposition of appropriate disciplinary sanctions. 



2.3 Rule of court relating to disclosures by judicial employees. 

It is recommended that a rule of court be adopted in each jurisdic- 
tion prohibiting any judicial employee from disclosing, to any un- 
authorized person, information relating to a pending criminal case 
that is not part of the public records of the court and that may tend to 
interfere with the right of the people or of the defendant to a fair trial. 
Particular reference should be made in this rule to the nature and re- 
sult of any argument or hearing held in chambers or otherwise outside 
the presence of the public and not yet available to the public under 
the standards in section 3.1 and section 3.5(d) of these recommenda- 




tions. Appropriate discipline, including proceedings for contempt, 
should be provided for infractions of this rule. 



PART III. RECOMMENDATIONS RELATING TO THE CONDUCT 
OF JUDICIAL PROCEEDINGS IN CRIMINAL CASES 

3.1 Pretrial hearings. 

It is recommended that the following rule be adopted in each juris- 
diction by the appropriate court: 

Motion to exclude public from all or part of pretrial hearing. 

In any preliminary hearing, bail hearing, or other pretrial hearing 
in a criminal case, including a motion to suppress evidence, the de- 
fendant may move that all or part of the hearing be held in chambers 
or otherwise closed to the public on the ground that dissemination of 
evidence or argument adduced at the hearing may disclose matters 
that will be inadmissible in evidence at the trial and is therefore likely 
to interfere with his right to a fair trial by an impartial jury. The mo- 
tion shall be granted unless the presiding officer determines that there 
is no substantial likelihood of such interference. With the consent of 
the defendant, the presiding officer may take such action on his own 
motion or at the suggestion of the prosecution. Whenever under this 
rule all or part of any pretrial hearing is held in chambers or other- 
wise closed to the public, a complete record of the proceedings shall 
be kept and shall be made available to the public following the com- 
pletion of trial or disposition of the case without trial. Nothing in this 
rule is intended to interfere with the power of the presiding officer in 
any pretrial hearing to caution those present that dissemination of 
certain information by any means of public communication may 
jeopardize the right to a fair trial by an impartial jury. 



3.2 Change of venue or continuance. 

It is recommended that the following standards be adopted in each 
jurisdiction to govern the consideration and disposition of a motion 



^^*^?^fw^^ 






'i' 



"W 



-'■' v|^ 



Standards 



ilia criminal case fur change of venue or continnancebasedonaclaini 
of threatened interference with the ri^ht (o a fair trial. 

(a) Who may request. 

Kxcept as federal or state constitutional provisions otherwise re- 
quire, a change of venue or continuance may be granted on motion 
of either the prosecution or the defense. 

(b) Methods of proof. 

In addition to the testimony or affidavits of individuals in the 
community, which shall not be required as a condition to the granting 
of a motion for change of venue or continuance, qualified public 
opinion surveys shall be admissible as well as other materials having 
probative value. 

(c) Standards for granting motion. 

A motion for change of venue or continuance shall be granted 
whenever it is determined that because of the dissemination of poten- 
tially prejudicial material, there is a reasonable likelihood that in the 
absence of such relief, a fair trial cannot be had. This determination 
may be based on such evidence as qualified public opinion surveys or 
opinion testimony offered by individuals, or on the court's own eval- 
uation of the nature, frequency, and timing of the material involved. 
A showing of actual prejudice shall not be required. 

(d) Same; time of disposition. 

If a motion for change of venue or continuance is made prior to 
the impaneling of the jury, the motion shall be disposed of before 
impaneling. If such a motion is permitted to be made, or if reconsid- 
eration or review of a prior denial is sought, after the jury has been 
selected, the fact that a jury satisfying pro ailing standards of accept- 
ability has been selected shall not be controlling if the record shows 
that the criterion for the granting of relief set forth in subsection (c) 
has been met. 

(e) Limitations; waiver. 

It shall not be a ground for denial of a change of venue that 
one such change has already been granted. Ihe claim that the venue 
should have been changed or a continuance granted shall not be con- 



i."^!^ 



i>0'w?; 



§3.3 



Fair Trial and Free Press 



sidercd to have been waived by the waiver of the right to trial by jury 
or by the failure to exercise all available peremptory challenges. 

3.3 Waiver of jury. 

In those jurisdictions in which the defendant does not have an ab- 
solute right to waive a jury in a criminal case, it is recommended that 
the defendant be permitted to waive whenever it is determined that 
(1) the waiver has been knowingly and voluntarily made, and (2) 
there is reason to believe that, as a result of the dissemination of po- 
tentially prejudicial material, the waiver is required to increase the 
likelihood of a fair trial. 



3.4 Selecting the jury. 

It is recommended that the following standards be adopted in each 
jurisdiction to govern the selection of a jury in those criminal cases 
in which questions of possible prejudice are raised. 

(a) Method of examination. 

Whenever there is believed to be a significant possibility that indi- 
vidual talesmen will be ineligible to serve because of exposure to 
potentially prejudicial material, the examination of each juror with 
respect to his exposure shall take place outside the presence of other 
chosen and prospective jurors. An accurate record of this examina- 
tion shall be kept, by court reporter or tape recording whenever pos- 
sible. The questioning shall be conducted for the purpose of deter- 
mining what the prospective juror has read and heard about the case 
and how his exposure has affected his attitude towards the trial, not 
to convince him that he would be derelict in his duty if he could not 
cast aside any preconceptions he might have. 

(b) Standard of acceptability. 

Both the degree of exposure and the prospective juror's testimony 
as to his state of mind are relevant to the determination of acceptabil- 
ity. A prospective juror who states that he will be unable to overcome 
his preconceptions shall be subject to challenge for cause no matter 
how slight his exposure. If he has seen or heard and remembers infor- 
mation that will be developed in the course of trial, or that may be 



tW^i^BEm3S^^!i-'-'T::^vm'^^Mm^T.^^^^J!^^iUj::. 



Standards 



o trial by jury 
challenges. 



)t have an ab- 
nniended that 
termined that 
nade, and (2) 
ination of po- 
increase the 



lopted in each 
criminal cases 



inadmissible but is not so prejudicial as to create a substantial risk 
that his judgment will be affected, his acceptability shall turn on 
whether his testimony as to impartiality is believed. If he admits to 
having formed an opinion, he shall be subject to challenge for cause 
unless the examination shows unequivocally that he can be unpartial. 
A prospective juror who has been exposed to and remembers reports 
of highly significant information, such as the existence or contents of 
a confession, or other incriminating matters that may be inadmissible 
in evidence, or substantial amounts of inflammatory material, shall 
be subject to challenge for cause without regard to his testimony as to 
his state of mind. 
(c) Source of the panel. 

Whenever it is determined that potentially prejudicial news cov- 
erage of a given criminal matter has been intense and has been con- 
centrated primarily in a given locality in a state (or federal district), 
the court shall have authority to draw jurors from other localities in 
that state (or district). 



lility that indi- 
f exposure to 
ich juror with 
sence of other 
this examina- 
whenever pos- 
pose of deter- 
about the case 
s the trial, not 
f he could not 



or's testimony 
of acceptabil- 
le to overcome 
luse no matter 
nembers infor- 
»r that may be 



3.5 Conduct of the trial. 

It is recommended that the following standards be adopted in each 
jurisdiction to govern the conduct of a criminal trial when problems 
relating to the dissemination of potentially prejudicial material are 
raised. 

(a) Use of the courtroom. 

Whenever appropriate in view of the notoriety of the case or the 
number or conduct of news media representatives present at any judi- 
cial proceeding, the court shall ensure the preservation of decorum by 
instructing those representatives and others as to the permissible use 
of the courtroom, the assignment of seats, and other matters that may 
affect the conduct of the proceeding. 

(b) Sequestration of jury. 

Either party shall be permitted to move for sequestration of the 
jury at the beginning of trial or at any time during the course of the 
trial, and, in appropriate circumstances, the court shall order seques- 
tration on its own motion. Sequestration shall be ordered if it is de- 



Fair Trial and Free Press 



termined that the case is of such notoriety or the issues are of such 
a nature that, in the absence of sequestration, highly prejudicial mat- 
ters are likely to come to the attention of the jurors. Whenever seques- 
tration is ordered, the court in advising the jury of the decision shall 
not disclose which party requested sequestration. 

(c) Cautioning parties and witnesses; insulating witnesses. 
Whenever appropriate in light of the issues in the case or the noto- 
riety of the case, the court shall instruct parties and witnesses not to 
make extrajudicial statements, relating to the case or the issues in the 
case, for dissemination by any means of public communication dur- 
ing the course of the trial. The court may also order sequestration of 
witnesses, prior to their appearance, when it appears likely that in the 
absence of sequestration they will be exposed to extra-judicial reports 
that may influence their testimony. 

(d) Exclusion of the public from hearings or arguments outside the 
presence of the jury. 

If the jury is not sequestered, the defendant shall be permitted to 
move that the public be excluded from any portion of the trial that 
takes place outside the presence of the jury on the ground that dissem- 
ination of evidence or argument adduced at the hearing is likely to in- 
terfere with the defendant's right to a fair trial by an impartial jury. 
The motion shall be granted unless it is determined that there is no 
substantial likelihood of such interference. With the consent of the de- 
fendant, the court may take such action on its own motion or at the 
suggestion of the prosecution. Whenever such action is taken, a com- 
plete record of the proceedings from which the public has been ex- 
cluded shall be kept and shall be made available to the public follow- 
ing the completion of the trial. Nothing in this recommendation is 
intended to interfere with the power of the court, in connection with 
any hearing held outside the presence of the jury, to caution those 
present that dissemination of specified information by any means of 
public communication, prior to the rendering of the verdict, may 
jeopardize the right to a fair trial by an impartial jury. 

(e) Cautioning jurors. 

In any case that appears likely to be of significant public interest, 



an admonition in 
fore the end of th 

During the time yo 

or on radio or tel 

tempted to read, H 

of law requires th: 

verdict meet certaii 

he himself has see 

others. Also, witn 

to cross-examinati 

standards, and if : 

posed to misleadii 

and to which the 

therefore, it is esse 

If the process o 
shall also be gi' 
subsequent daj 
deems necessai 
shall be given: 

For the reasons ! 
to, or watch anj 
this jury. 

(f) Questionii 

terial in the C' 

If it is detei 

serious questi 

tion or shall t 

presence of 

method of ej 

section 3.4(a 

lenged on th« 

of acceptabi 

a juror who 

terial shall 

grounds for 



12 



§3.5 



Standards 



an admonition in substantially the following form shall be given be- 
fore the end of the first day if the jury is not sequestered. 

During the time you serve on this jury, there may appear in the newspapers 
or on radio or television reports concerning this case, and you may be 
tempted to read, listen to, or watch them. Please do not do so. Due process 
of law requires that the evidence to be considered by you in reaching your 
verdict meet certain standards— for example, a witness may testify about events 
he himself has seen or heard but not about matters of which he was told by 
others. Also, witnesses must be sworn to tell the truth and must be subject 
to cross-examination. News reports about the case are not subject to these 
standards, and if you read, listen to, or watch these reports, you may be ex- 
posed to misleading or inaccurate information which unduly favors one side 
and to which the other side is unable to respond. In fairness to both sides, 
therefore, it is essential that you comply with this instruction. 

If the process of selecting a jury is a lengthy one, such an admonition 
shall also be given to each juror as he is selected. At the end of each 
subsequent day of the trial, and at other recess periods if the court 
deems necessary, an admonition in substantially the following form 
shall be given: 

For the reasons stated earlier in the trial, I must remind you not to read, listen 
to, or watch any news reports concerning this case while you are serving on 
this jury. 

(f) Questioning jurors about exposure to potentially prejudicial ma- 
terial in the course of the trial; standard for excusing a juror. 

If it is determined that material disseminated during the trial raises 
serious questions of possible prejudice, the court may on its own mo- 
tion or shall on motion of either party question each juror, out of the 
presence of the others, about his exposure to that material. The 
method of examination shall be the same as that recommended in 
section 3.4(a), above. The standard for excusing a juror who is chal- 
lenged on the basis of such exposure shall be the same as the standard 
of acceptability recommended in section 3.4(b), above, except that 
a juror who has seen or heard reports of potentially prejudicial ma- 
terial shall be excused if the material in question would furnish 
grounds for a mistrial if referred to in the trial itself. 

13 



Fair Trial and Free Press 



3.6 Setting aside the verdict. 

It is recommended that, on motion of the defendant, a verdict of 
guilty in any criminal case be set aside and a new trial granted when- 
ever, on the basis of competent evidence, the court finds a substantial 
likelihood that the vote of one or more jurors was influenced by ex- 
posure to an extrajudicial communication of any matter relating to 
the defendant or to the case itself that was not part of the trial record 
on which the case was submitted to the jury. Nothing in this recom- 
mendation is intended to affect the rule in any jurisdiction as to 
whether and in what circumstances a juror may impeach his own 
verdict or as to what other evidence is competent for that purpose. 



PART IV. RECOMMENDATIONS RELATING TO THE EXERCISE OF 
THE CONTEMPT POWER 

4.1 Limited use of the contempt power. 

The use of the contempt power against persons who disseminate 
information by means of public communication, or who make state- 
ments for dissemination, can in certain circumstances raise grave 
constitutional questions. Apart from these questions, indiscriminate 
use of that power can cause unnecessary friction and stifle desirable 
discussion. On the other hand, it is essential that deliberate action 
constituting a serious threat to a fair trial not go unpunished and that 
valid court orders be obeyed. It is therefore recommended that the 
contempt power should be used only with considerable caution but 
should be exercised in at least the following instances, in addition to 
those specified in sections 1.3, 2.1, and 2.3, above: 

(a) Against a person who, knowing that a criminal trial by jury is 
in progress or that a jury is being selected for such a trial: 

(i) disseminates by any means of public communication an 
extrajudicial statement relating to the defendant or to the issues 
in the case that goes beyond the public record of the court in the 
case, if the statement is reasonably calculated to affect the outcome 
of the trial and seriously threatens to have such an effect; or 



(ii) makes sucl 
so disseminated, 
(b) Against a per: 
not to disseminate ui 
trial, specified infon 
ing from which the i 
these recommendati 

4.2 Reimbursemen' 

In the event that 

viction set aside, as 

in contempt of coui 

thority to require th 

reimburse the defe 

penses fairly attribi 

ent venue or tried i 



§4.2 



Standards 



(ii) makes such a statement with the expectation that it will he 

so disseminated. 

(b) Against a person who knowingly violates a valid judicial order 
not to disseminate until completion of the trial or disposition without 
trial, specified information referred to in the course of a judicial hear- 
ing from which the public is excluded under sections 3.1 or 3.5(d) of 
these recommendations. 

4.2 Reimbursement of defendant. 

In the event that a mistrial or change of venue is granted or a con- 
viction set aside, as a result of an extrajudicial statement held to be 
in contempt of court, it is recommended that the court have the au- 
thority to require that all or part of the proceeds of any fine be used to 
reimburse the defendant for the additional legal fees and other ex- 
penses fairly attributable to the order that the case be tried in a differ- 
ent venue or tried again in the same venue. 



Appendix A 

Texts of Selected Representative 
State Agreements 



JOINT DECLARATION REGARDING NEWS COVERAGE 
OF CRIMINAL PROCEEDINGS IN CALIFORNIA 

STATEMENT OF PRINCIPLES 

The bench, bar and news media of California recognize that freedom of the press and the 
right to fair trial, as guaranteed by the First and Sixth Amendments to the Constitution of the 
United States, sometimes appear to be in conflict. They believe, however, that if the principles 
of fair trial and free press are applied responsibly in accord with high professional ethics, our 
society can have fair trials without limiting freedom of the press. 

Accordingly, the following principles are recommended to all members of the bar and the 
press in California. 

1. The news media have the right and responsibility to gather and disseminate the news, so 
that the public will be informed. Free and responsible news media enhance the administration 
of justice. Members of the bench, the bar, and the news media should cooperate, consistent 
with their respective ethical principles, in accomplishing the foregoing. 

2. All parties to litigation, including the state, have the right to have their causes tried fairly by 
impartial tribunals. Defendants in criminal cases are guaranteed this right by the Consti- 
tutions of the United States and the State of California. 

3. Lawyers and journalists share with the court responsibility for maintaining an atmosphere 
conducive to fair trial. 

4. The news media and the bar recognize the responsibility of the judge to preserve order in 
court and to conduct proceedings in such a manner as will serve the ends of justice. 

5. Editors in deciding what news to publish should remember that: 

(a) An accused person is presumed innocent until proved guilty. 

(b) Readers, listeners, and viewers are potential jurors or witnesses. 

(c) No person's reputation should be injured needlessly. 



19 



Fair Trial/Free Press 

6. No lawyer should use publicity to promote his version of a pending case. The public prose- 
cutor should not take unfair advantage of his position as an important source of news. These 
cautions shall not be construed to limit a lawyer's making available information to which the 
public is entitled. Editors should be cautious about publishing information received from 
lawyers who seek to try their cases in the press. 

7. The public is entitled to know how justice is being administered, arid it is the responsibility 
of the press to give the public the necessary information. A properly ccoducted trial maintains 
the confidence of the community as to the honesty of its institutions, the competence of its 
public officers, the impartiality of its judges, and the capacity of its cnminal law to do justice. 

8. Journalistic and legal training should include instruction in the meaning of constitutional 
rights to a fair trial, freedom of the press, and the role of both vxirnalist and lawyer in 
guarding these rights. 

9. A committee of representatives of the bar, the bench, and the nr-*s media, aided when 
appropriate by representatives of law enforcement agencies and other irterested parties, should 
meet from time to time to review problems and to promote understanding of the principles of 
fair trial and free press. Its purpose may include giving advisory ccinions concerning the 
interpre:ations and application of these principles. 

These principles have been endorsed, as of February 15, 1970, by ihe following: The State 
Bar of California, California Freedom of Information Committee. California Newspaper 
Publishers Association, California Broadcasters Association, Radio ij:d TV News Directors, 
and the E.xecutive Board of the Conference of California Judges. 

STATEMENT OF POLICY 

To give concrete expression to these principles in newsmen's language ihe following statement 
of polic> is recommended for voluntary adoption by California newspapers and news broad- 
casters. 

Our objective is to report the news and at the same time cooperate *ith the courts to assure 
the accused a fair trial. 

Protection of the rights of an accused person or a suspect does not require restraint in pub- 
lication or broadcast of the following information: 

• His or her name, address, age, residence, employment, marital status, and similar back- 
ground information. 

• The substance or text of the charge, such as complaint, indictnent, information and, 
where appropriate, the identity of the complainant. 

• The identity of the investigating and arresting agency, and the length of investigation 
where appropriate. 

• The circumstances surrounding an arrest, including the time arc place, resistance, pur- 
suit, possession and use of weapons, and a description of items seized. 

Accuracy, good conscience, and an informed approach can preside nonprejudicial re- 
porting of crime news. We commend to our fellow newsmen the fcllowing: 

Avoid deliberate editorialization, even when a crime seems solved beyond reasonable doubt. 
Save the characterizations of the accused until the trial ends anc guilt or innocence is 
determined. 

Avoid editorialization by observing these rules: 

• Dont call a person brought in for questioning a suspect. 

• Don"t call a slaying a murder until there's a formal charge. 

• Don't say solution when it's just a police accusation or theorv 

• Don't let prosecutors, police or defense attorneys use us as a sounding board for public 
opinion or personal publicity. 

Exercise care in regard to publication or broadcast of purported cx^nfessions. An accused 
person may repudiate and thereby invalidate a confession, claiming undue pressure, lack of 
counsel, or some other interference with his rights. The confession then may not be presented 
as evidence and yet have been read by the jurors, raising the question » hether they can separ- 



20 



Representative State Agreements — California 

ate the confession from e-.dence presented in court. If you do use a "confession" call it a 
statement and let the ni-- decide whether the accused really confessed. 

In some circumstances is when a previous offense is not linked in a pattern with the case in 
question, the press shoui: lot publish or broadcast the previous criminal record of a person 
accused of a felony. Terrrs ike "a long record" should generally be avoided. There are. how- 
ever, other circumstances — as when parole is violated — in which reference to a previous con- 
viction is in the public rraerest. 

Records of convictions ind prior criminal charges which are matters of public record are 
available to the news mecn. -Jirough police agencies or court clerks. Law enforcement agencies 
should make such infomadon available to the news media upon appropriate inquiry. The 
public disclosure of this irr .Tmation by the news media could be prejudicial without anv sig- 
nificant contribution tc^ird meeting the public need to be informed. The publication or 
broadcast of such inforrranon should be carefully considered. 

In summary: 

This Statement of Po]\c; is not all-inclusive; it does not purport to cover every subject on 
which a question may an^ with respect to whether particular information should be pub- 
lished or broadcast. Our ccective is to report the news and at the same time cooperate with the 
courts to help assure tht aijused a fair trial. Caution should therefore be exercised in pub- 
lishing or broadcasting :rr :rmation which might result in denial of a fair trial. 

JUDICIAL COUNCIL ACTION 

(The Judicial Council a: rs May, 1970 meeting approved the following recommendations: 

( (1) That when approp-iue the Chairman of the Judicial Council designate representatives 
to participate in joint cncmittees, such as those contemplated by paragraph 9 of the State- 
ment of Principles, "tc -j-dew problems and to promote understanding of the principles of 
fair trial and free presi' 

((2) In order to give reciciition to the Joint Declaration, and to bring it to the attention of 
the judiciary, the Judiri Council added to the "Standards for Judicial Administration. 
Section 2, Duties of Prescing Judge," the following new subsection, effective July 1, 1970: 

(Sec. 2. Duties of presuing judge 
(In superior and rnuncipal courts the presiding judge should: . . . 
( (p) when appropr.£E. meet with or designate a judge or judges to meet with anv 
committee of the beiun, bar and news media to review problems and to promote under- 
standing of the princries of fair trial and free press, under paragraph 9 of the "Joint 
Declaration Regarcmi News Coverage of Criminal Proceedings in California," as ap- 
proved for submissix :n January 16, 1970, and adopted by the State Bar of California 
and the California F-?edom of Information Committee.) 



21 



Fair Trial/Free Press 

COMPACT OF UNDERSTANDING OF THE BAR AND PRESS 
OF COLORADO 

PREAMBLE 

The Bar and the Press of Colorado, comprising all lawyers and representatives of all media of 
mass communication: 

(a) Recognize that freedom of the press is a fundamental li'reny guaranteed by the First 
Amendment of the Constitution of the United States and thi: this basic freedom must be 
zealously preserved and respwnsibly exercised. 

tb) Recognize that the right to a fair trial for an accused is a fundamental liberty implicitly 
guaranteed by several of the amendments of the Constitution :f the United States and that 
this basic freedom must be zealously preserved. The concept cr fair trial must be predicated 
on a presumption of innocence. 

ic) Recognize that the right to a public trial is a fundamental liberty guaranteed by the Sixth 
.Amendment to the Constitution of the United States and thi: this basic freedom must be 
zealously preserved. 

td) Recognize that members of a free society have the right to icquire and impart informa- 
tion about their mutual interests. The unfettered flow of infirmation, consistent with the 
principles of the Constitution aiKl this Preamble, is essential if ±at society is to be free. The 
right to disseminate information should be exercised with di5«rretion when public disclos- 
ures might jeopardize the ends of justice. 

To promote a better understanding between the Bar and the Pr:ss of Colorado, particularly 
in their efforts to support the Constitutional guarantees of freed ca of the Press, and the right 
to a fair, impartial and public trial, the following statement of principles, mutually drawn and 
submitted for voluntary compliance, is recommended to all menbers of these professions in 
Colorado. 

PRINCIPLES 

1. The Press has the right, responsibility and obligation to report the truth. A free and 
responsible Press enhances the administration of justice. MemSsrs of the Bar, within their 
canons of ethics, should cooperate with the Press in reporting c-e administration of justice. 

2. Parties to. litigation have the right to have their causes oried fairly by an impartial 
tribunal. Defendants in criminal cases are guaranteed this righ: by the Constitutions of the 
United States and the State of CcJorado. 

3. No trial should be influenced by pressures from the Press or from public clamor, and the 
Bar and the Press share the responsibility to prevent the creidon of such pressures. 

4. .\\\ members of the Press should strive for objectivity and accuracy. The public has a 
right to be informed. The accused has a right to be judged in an ionosphere free from undue 
prejudice. 

5. The Bar and the Press reccvnize that it is the responsibility ird obligation of the judge to 
presene order in the court and to seek the ends of justice. 

0. Decisions about the handling of the news rest with editors, but in the execution of his 
ne»s judgment the editor should remember: 

I a) An accused person is presumed innocent until proven giJry. 

lb) Readers and listeners and \"iewers are potential jurors. 

ic) No person's reputation should be injured needlessly. 

". The public, which is ultimately responsible for the administrinon of justice, is entitled to 
know how justice is being administrated. No member of the Bar s:--Xild exploit any medium of 
public information to enhance his side of a pending case. The public prosecutor should avoid 
takmg improper advantage of his position as a public official ind an important source of 
ne»s: this shall not be construed to limit his obligation to make r-ailable any information to 
whvh the public is entitled. 

6. Proper journalistic and legal training, both academic and or-the-job, should include in- 



22 



Representative Statt lireements — Colorado 

struction in the meaning of Constitutional rights to a fair trial and freedom :r the press, and 
the role of the Press and the Bar in guarding these rights. 

INTENT 

It is the intent of the Bar and the Press in Colorado to establish an active luison committee: 

(a) For tie achievement of the principles enunciated in this Compact & Vnderstanding. 

(b) To pr.xTde for the mutual education of each profession in the concern^ ind obligations 
of the other. 

(c) As a rorum in which specific problems can be aired as promptly a: hey arise, and 
through ihich recommendations can be transmitted for the voluntary coinderation of in- 
terested ind involved parties. 

GUIDELINES FOR THE REPORTING OF PROCEEDING^ 

Criminal G-iidelines 

Great nevs interest may be engendered during the pretrial stage of a crmnal case. It is 
then that the ir.a.ximum attention often is received and the greatest impact rra- be made upon 
the public. D-jring that time, when the possibility of danger to a fair trial r.iv be great, the 
Bar and the Press must exercise good judgment to prevent the release of p('3:>ly prejudicial 
informatioTL especially on the eve of trial. However, these considerations a.", not necessarily 
applicable c«ce a jury has been empaneled. It is inherent in the concept rr rreedom of the 
press that t^e Press be free to report what occurs in public proceedings, such is criminal trials. 
In the course of the trial it is the primary responsibility of the bench to -ake appropriate 
measures tc ensure that the deliberations of the jury are based upon what i.' rresented to the 
jury in court- 

These guidelines are proposed as a means of assuring both the public's rign :o be informed 
and the acoised's right to a fair and public trial before an impartial ju- 

1. It is arpropriate to make public the following information concerniru ±e defendant: 

(a) The defendant's name, age, residence, employment, marital status, arc similar back- 
ground irtcrmation. There should be no restraint on biographical facts nrer than accur- 
acy, good taste and judgment. 

(b) The tfTt of the charge, such as the complaint, information and indicment. and, where 
appropriite. the identity of the complaining party. 

(c) The i6emiT>- of the investigating and arresting agency and the length of ^e investigation. 

(d) The cTcomstances immediately surrounding an arrest, including, but tlt limited to, the 
time and place of the arrest, resistance, pursuit, possession and use oi weapons, and a 
description of items seized at the time of arrest. 

2. It is the duty of the law enforcement agency to solve and prevent crime .: is the duty of 
the press tc inform, promptly and accurately. It is the duty of counsel, bxh defense and 
prosecution. :o seek the truth within the confines of a fair trial. It is in the f u-:inient of these 
duties that these professions sometimes may seem to be in conflict. 

An editor. »iio must ultimately make the decision whether to publish or rr:adcast, should 
weigh these %ar>-ing responsibilities, as well as the fact that certain types of zrormation may 
create dangers of prejudice without serving a significant law enforcement :r public iriterest 
function. S:ch dissemination may impose particular risks when it occurs L-er the filing of 
formal charges and as the time of trial approaches. It is emphasized that ths^- guidelines are 
not intended to excuse a law enforcement agency from releasing proper iir rmation to the 
public. 

Opinion, Confession 

With these considerations in mind, categories of information which mi- «opardize the 
rights of a defendant, if published, include: 

(a) Opinions about a defendant's character, his guilt or innocence. 

(b) Admi«)«is. confessions, or the contents of a statement attributed r a defendant. 

(c) Refere-Dces to the results of investigative procedures, such as fingenrjts. polygraph 



23 



Fair Trial/Free Press 

examinations, ballistics :ists. or laboratory tests. 

(d) Statements concernin£ the credibility or anticipated testimony ot prospective witnesses. 

(e) Opinions concerning evidence or argument in the case, whether or not it is anticipated 
that such evidence or argument will be used at trial. 

Exceptions may be in order if information to the public is essential to the apprehension of a 
suspect, or where other pl?1k: interests will be served. 

Stories reviewing the entire history of a criminal case, disseminated just prior to trial, should 
be avoided whenever possfrie. 

Prior Record 

3. Prior criminal charges md convictions are matters of public record and are available to 
the Press through police ai?rr.cies, court clerks, and the files of the Press. Law enforcement 
agencies should make such j:formation available to the Press after a legitimate inquiry. The 
public disclosure of this iErormation may be prejudicial, particularly if it occurs after the 
tiling of formal charges auc as the time of trial approaches, and should be carefully con- 
sidered. 

4. Photographers, still arc tUm. 

(a) Photographs of a suspe-;: may be released by law enforcement personnel in response to a 
legitimate request by the Pr^ess. 

(b) Law enforcement and roun personnel should not prevent the photographing of suspects 
or defendants when the} are in public places outside the courtroom. 

(c) The taking of photographs in a courtroom is governed by rules of the court. 

(d) The possible effect on ±ie fair trial of a defendant by the dissemination of photographs 
of the suspect should be considered by editors in the light of these guidelines. 

5. The press is free to rejxn what occurs in the course of the judicial proceeding itself, sub- 
ject to rules of the court. 

6. Nothing in these guidelines should inhibit a law enforcement agency from disclosing such 
information as may be necessary to enlist public assistance in apprehending fugitives from 
justice. Such information m^y include photographs, records of prior arrests and convictions, 
and results of investigati\e procedures. 

Juvenile Guidelines 

Responsibility for the dis>eTnination of information and de%eloping public understanding of 
law enforcement with respen to juveniles must be shared by the Bar and the Press, in order to 
maintain public confidence iDd support for the juvenile coun system. In addition, the Bar and 
Press recognize that for tie accused a fair trial in most juvenile proceedings necessarily 
implies an opportunity to benefit from the guidance and rehabilitation efforts which are the 
central purpose of such prcoeedings. These guidelines are prop>osed as a means of assuring 
both the public's right to he informed and the juvenile's right to fair and proper treatment. 

1. The basic principles o: fairness and cooperation summarized in the Compact of Under- 
standing of the Bar and ire Press of Colorado and the Guidelines for the Reporting of 
Criminal Proceedings app!7 to juvenile proceedings. 

2. No additional restricrirns are proposed on the reporting of juvenile crime, except to the 
e.xtent that public identificiron of individual juvenile offenders may deny them a fair oppor- 
tunity to benefit from the prr^erams established by the juvenile courts. Thus, in cases involving 
minor offenses or where in ±e editor's judgment no clear public purpose would be served by 
such disclosure, the identr-f of the children involved should not be published. The same 
principle also applies to ftrrily matters and determinations of status which are within the 
jurisdiction of juvenile couns. such as adoption, relinquishment and dependency proceedings. 
E.\ceptions may be in order -f necessary to apprehend a suspect or if otherwise in the public 
interest. 

3. Juvenile proceedings arc records should be open to the Press, except as specifically pro- 
hibited by law or court de^-^sion. The Bar and the Press urge the courts to make available 
promptly full information .-.■>Dcerning actions taken in proceedings which are closed to the 
public. 

4. In all cases of Press in;airy. the text of the charge; the complaining party, where appro- 
priate; the identity of the inestigating and arresting agency and the length of the investiga- 
tion; and the circumstances surrounding an arrest should be made public. 



24 



Representative State Agreements — Colorado 

5. In publicizing juvenile matters, T:r ^ess should give consideration to the views of the 
courts and their officers. 

6. Nothing in these guidelines shouk zzih'n a law enforcement agency in releasing proper 
infomriation to the Press. 

Civil Guidelines 

Civil proceedings make up the bulk r ::urt business, and the Bar and the Press must share 
the responsibility of disseminating ir -nation and developing public understanding to 
maintain confidence in and support ftr ~<t court system. These guidelines are proposed as a 
means of assuring both the public's ri^ :o be informed and the orderly administration of 
justice. 

1. The basic principles of fairness. o'=rnvity and accuracy summarized in the Compact of 
Understanding of the Bar and the F~rj of Colorado apply to civil proceedings. 

2- The chief sources of pre-trial ini -^Jtion on civil matters are the files of the court, 
including pleadings, interrogatories, dr- *rdons, affidavits and orders. These official files in 
civil actions and probate matters shoulc -r jpen to the Press, except as specifically prohibited 
by law or court decision. 

3. Judges and lawyers are urged to : aerate with the Press in explaining technical legal 
points so that they may be interpreted -rrfully by the Press and tlie public may understand 
their significance. Care should be exerc cc :o provide balanced reports on civil matters, so as 
to avoid contributing to the denial o . 'lir trial. 

4. Jurors summoned to decide quest. -tf of civil liability or damages should be free from 
public clamor or special influences. Tht ^ease of possibly prejudicial information, especially 
on the eve of trial, should be avoidec 

Committee Rules 

1. Name: The name of this organinr.n shall be the Colorado Bar-Press Committee. 

2. Purposes: The purposes of this C -mittee shall be to give effect to the Statement of 
Intent set forth in The Compact of Uncif-^jnding of the Bar and the Press of Colorado, and 
in connection therewith to encourage c( -eration and understanding between the professions 
of law and journalism in Colorado; to r^rare, revise and disseminate, subject to approval of 
the respective professional organizatir:i represented by members of the Committee, the 
"Compact of Understanding of the Ba- .re the Press of Colorado," and whatever guidelines 
are needed for its implementation; to ir -r-de for the mutual education of each profession in 
the concerns and obligations of the othr ind to serve as a forum in which specific problems 
and complaints can be aired as prompt^ -s they arise, and through which recommendations 
can be transmitted for the voluntary : raderation of interested and involved parties. 

3. Membership: The Committee sha! :ave twelve members, six of whom shall be desig- 
nated by the Colorado Bar Association lir members"), three by the Colorado Press Associa- 
tion, and three by the Colorado Broadcarcn Association (Collectively, "Press members"). The 
Judicial Administrator of the State of .' .-irado and the principal salaried executives of the 
Colorado Bar Association, Coloradi --ess Association, and Colorado Broadcasters 
Association shall be invited to attend _ neetings of the Committee and participate in its 
proceedings, but shall not vote upon ar raners presented to the Committee for determina- 
tion. The organizations entitled to desir:_:2 members of the Committee are sometimes col- 
lectively referred to herein as the "As- .rations." 

(a) The members appointed by the Cc- ndo Bar Association shall include the President of 
the Denver Bar Association, or a pers- lesignated by him to represent the Denver Bar As- 
sociation who shall be satisfactory' t( r; President of the Colorado Bar Association. The 
members designated by the Colorad( ^rss Association shall include one person designated 
by the Denver Post and one persoi :::s;gnated by the Rocky Mountain News. 

(b) Members of the Committee, other r j the member designated annually to represent the 
Denver Bar Association, shall ser\'e - :erms of three years each. Their terms shall be 
staggered so that the terms of four r--r:?ers expire each year. Four of the members, in- 
cluding the representative of the Der-^ Bar Association, initially designated to serve on 
the Committee shall be deemed appo— i:: for one-year terms, four for two-year terms, and 
four for three-year terms, as agreed ir i by the Committee. No member may serve more 
than two consecutive terms. 



25 



Fair Trial/Fret Press 

4. Officers: The officers shall n- . rhairman and a Vice Chairman, who shall be elected 
from ihe Committee's membershi: jid a Secretary-Treasurer, who may be a member of the 
Committee or a paid executive of -r if the Associations designating members of the Com- 
minee. They shall be elected ann_ to serve one-year terms. The chairmanship and vice 
chainr.anship shall be rotated anr._ between the Bar and the Press. One of such officers 
shall be a member designated b -i. Bar and one by the Press. 

(a I Eicept as otherwise providec -:^iin, actions of the officers shall be subject to approval, 
amendment or rejection by the C — nittee, and actions of the Committee shall be subject to 
siir.ilar review by the Associatr- lesignating members thereof, in accordance with the 
appropriate procedures govemr_ ictions by committees of such Associations. 

ReguliT Business 

5. Meetings: The Committee shi^ reet annually in March to elect officers and conduct any 
other business before the Comrr— .=l Additional meetings may be called by any of the 
officeTi. or by any three members r re Committee for the conduct of any business other than 
the ejection of officers or amen~-=Tt of these Rules. 

6. Qjorum: A quorum for the r_: action of business at any meeting shall consist of six 
merr.bers of the Committee preser - person, at least three of whom shall be Bar members 
and ihree of whom shall be Pre^ -embers. 

". V>xing: The Bar members as - — :up and the Press members as a group shall have one 
vote eich on all matters acted upoi - iie Committee. The vote of each group shall be cast in 
accordance with the decision of i majority of the Bar members and the Press members, 
respecthely. who are present at tin meeting. As the purpose of the Committee is to obtain 
voluri".irv compliance by the Bar z.zi T:e Press with its recommendations on matters of mutual 
interest, no action shall be taken b ~- Committee which does not receive the affirmative vote 
of a niajority of both the Bar ii\zr. -ers and the Press members present at the meeting. 

8. Expenses: The Committee mi rcur necessary and appropriate expenses in connection 
with its meetings and other acti\-T:=. subject to approval and authorization thereof by the 
AssorLarions in accordance with tt^t respective procedures. 

9. .Associate and Advisory ComTr—rs: The Committee may appoint an Associate and Ad- 
visor) Committee of not less thai - md not more than 30 members to participate in the 
acii\TT>es of the Committee to tht zzn-nx and in the manner determined by the Committee 
from time to time. The principal p_— .:ses of the Associate and Advisory Committee shall be 
to assist in informing the groups rer— -»ented by its members of the activities and programs of 
the Committee, to participate an: .ssist in the educational and other programs of the 
Comminee. and to participate fror :rne to time in the discussion of any problems of mutual 
interes: to the Bar, the Press, am -iiated professions. 

(at In selecting the membershij - Tie Associate and Advisory- Committee, consideration 
shaL be given to seeking represer-rves of various other interested groups whose members 
include lawyers, journalists and lL:^ professions, including, without limitation, the facul- 
ties of schools of law and jourr,i. iin. associations of judges, prosecuting and defense at- 
xonyiys. law enforcement office- Tews vrire services, and other related professional asso- 
cianons and groups. 

10. Forums: The Committee mi ndua forums and programs at appropriate intervals 
formenbers of the Associate and -^ sory Committee and other interested persons, at which 
the acnvities of the Committee ma} -•: -^viewed and matters of mutual interest discussed. It is 
the present hope of the AssociatiTi ±at such forums will be held annually. 

Filing Complaints 

1 1 . Complaints, etc. : Communice: is to the Committee f r<Mn members of the Associations, 
including complaints about and recists for interpretations of the Compact and Guidelines, 
shouk: be forwarded to the respecf ■- '^icers of the Associations for transmittal to the appro- 
priaie officer or member of the I Tmittee. 

12. \"acancies: Any vacancy on tr- 7?mmittee coming to the attention of the officers shall 
be iminediately called to the attenti - t the appropriate Association v^ith the request that an 
appoironent be made without de^ )r the remainder of the vacant term. 

13. Duties of Officers: The Char-:_T or, in his absence, the Vice Chairman or a chairman 
pro teiT.. shall preside at all meeting - he Committee. The officers shall perform such other 



26 



Representative State Agreements — Colorado 

duties as may be necessary or appropriate to further -Jie purposes for which the Committee 
was organized and as custom and parliamentary usage ray require. The Secretary-Treasurer 
shall perform the duties usual to such an office inclucr:g the keeping of minutes, financial 
and other Committee records and files, and the ?eceipt and initiation of official 
correspondence. 

14. Notice of Meetings: Notice of the time and place cr each meeting of the Committee shall 
be communicated by mail, telephone, or in person to ea;h member a reasonable time in ad- 
vance of the meeting- To the extent practicable or converreni. the purpose of the meeting shall 
be stated in the notkre. 

15. Amendments: These rules may be amended at am -eeting of the Committee; provided, 
however, that no amendment shall become effective .ntil it has been approved by the 
Associations in accordance with any applicable procecires governing committees of such 
Associations. 



27 



Fair Trial/Free Press 

SUPREME COURT OF NEW JERSEY 

The attached Siaier-tnt of Principles and Guidelines for the Reporting of C-— njj Pro- 
cedures having beer ;-itted by this Court's Comminee on Press Relations in coniL::-':<3n with 
the New Jersey Prei? Vssociation's Committee on ihe Courts; and said Commi^re; having 
recommended thai ~x Court approve and adopt this Statement of Principles anc I sidelines; 
and the same ha\ir£ reen approved and adopted by the New Jersey Press Assci:-^-i;n: it is 
hereby 

ORDERED that irc irrached Statement of Principles and Guidelines for the r^^ning of 
Criminal Procedur?« :t and hereby is approved; said approval and adoption, hovf tr, being 
on the condition an; vih the express understanding that such action does not aiii s not in- 
tended to preclude ir- defendant or the State in any case from raising any oLe^-cn with 
respect to prejudice rublicity, nor to preclude the consideration or review by ir.i Tourt or 
any other court of ir; such question so raised. e\tn though such publicity mi -.i-.e been 
appropriate under "eie principles and guidelines. 



For the Court, 
C.J. 



Dated: March 8. 



STATEMENT OF PRINCIPLES AND GUIDELINES FOR 
REPORTING OF CRIMINAL PROCEDURES 

PRINCIPLES 

The Judiciary, the r.^ ind the Press of New Jersey are equally concerned in (a r.Lntaining 
the rights of indK-i- ; <. subject to the State's criminal process throughout the v- .e of that 
process, and (b) ibt -:£ht of the public to be informed fully and objectively ccTrc:r:img the 
operations of law erf :rcement agencies and the proper, lawful dispensation of ii:.~ce. It is, 
therefore, jointly recitnized: 

1. Freedom of tbt ?-ess is one of the fundamental liberties guaranteed by the Frr Amend- 
ment of the Consrrvron of the United States. This basic freedom must be p-s^^-^ed and 
responsibly exercissc 

2. The presumpurn ?f innocence for those accused of crime until there has be?: i finding 
of guilt in the cours ^ i principle which must be zeakmsly protected. Both the Pre;, izd those 
Public Officials resprrsible from initial investigation to ultimate prosecution lzc decision 
must share responsrCrr)- for preserving this inhercnt and constitutionally p-^^-ed pre- 
sumption. 

3. It is fundameru- :o a free society for its memhers to acquire and dissemir^:^ -forma- 
tion about all segineris of society, provided such information does not endanger ri.^c rights 
of individuals or ni-Drial defense and security. Ho«e%er. there are rare circum.<r:iri;ss when 
the national concerr s so great that a responsibik Press must use careful ciscr^on in 
weighing the mertis x ±e rights of a particular indhidual against the rights o- _; society. 

4. The Press has ±e right and the responsibility :o support the free flow of rr :rmation 
consistent with the rrrrciples stated above. A free ajod responsibile Press enhances — e admin- 
istration of justice i.31- therefore, the Judiciary. Bar and law enforcement ageiirds should 
cooperate with the Press in the reporting of matters dealing with the administrati-i: t justice. 

5. Parties to lirigijic have a right to a fair and irnpartial trial and no trial shc>:_.; re influ- 
enced by the pressiirr :t publicity. The Judiciary, the Bar and the Press share a --onsibility 
to accomplish such r^-ooses. Justice to be achieved nust be justice accomplished r i reverent 
responsibility on the pm of the Judiciary, the Bar and the Press to the fundameirj. cachings 
of the First and Sjir: .Amendments of the United States Constitution. 

6. Respect for the udicial process, the administration of justice and the fres; tcl of the 
press is a goal of dct :ciy the Judiciary, the Bar and die Press, but of all citizens — ^rese prin- 
ciples are adoptee :: ±at end. 



28 



Representative State Agreements — New Jeriey 

GUIDELINES 

1. The following information m iny criminal procedure should be made available for the 
use of the Press: 

(a) The defendant's name, a^t. nesidence, occupation, marital status and similar back- 
ground information, and unJess inappropriate, the identity of the complaining party. 

(b) The text of the charge, s:cr as the complaint, information and indictment. 

(c) The identity of the investi£io:n and arresting personnel and agency and the length of 
the investigation. 

(d) The circumstances immed:i:iiy surrounding the arrest, including but not limited to the 
time and place of arrest, resar-Lnce if any, pursuit, possession and nature and use of 
weapons and ammunition hy ±e suspect and by the police. 

(e) The circumstances surrourcrg bail, whether it was permitted, whether it was posted, 
and the amount. 

2. The Press feels that unless ^er; special circumstances dictate otherwise, it is not appro- 
priate to publish prior to trial. :re following: 

(a) Opinions about a defendi^: s guilt or innocence. 

(b) Admissions, confessions, cr ~e contents of a statement attributed to the defendant, or 
his refusal to make an adm:isi;n. confession or statement. 

(c) References to the results ct ~.estigative procedures such as fingerprints; polygraphic, 
ballistics or laboratory tests; v-re taps, or electronic surveillance; or refusal to take such 
tests. 

(d) Statements concerning the — rdibility or anticipated testimony of prospective witnesses. 

(e) Opinions concerning evideic; or argument in the case whether or not it is anticpated 
that such evidence or argumer: v^JI be used at the trial except where information is essen- 
tial to the apprehension of a siscect, or to warn the public of danger, or to otherwise aid 
in an investigation. 

(f) The possibility of a plea of s^n to the offense charged or to a lesser offense, or other 
disposition. 

3. A criminal charge and cornrdon are matters of public record and the court records 
thereof are available for public rscection. However, such information might be prejudicial 
especially as the time for tria^ irproaches and should be carefully considered prior to 
publication, except where pubBc safety and security may be involved. 

4. (a) Photographs of an unarprthended suspect may be released on proper request, 
(b) Law enforcement and corr personnel should neither encourage nor discourage the 
photographing of suspects or aec'endants when they are in public places other than the 
courthouse. In no event shotjz ±e accused be photographed in a posed position. The 
Guidelines issued by the Ad r— —s irative Office of the Courts, September 5, 1968, apply. 

5. The Press is free to repon irj judicial public proceeding, except that any evidence ex- 
cluded by the court at a hearing :c3ide of the jury's presence shall not be published until after 
the trial is concluded. The coun Las ±e right to hold a portion of the trial outside the presence 
of a jury. 

A complete record of the proceecings from which the public has been excluded shall be kept 
and made available to the public. frUowing completion of the trial, unless otherwise ordered 
by the court. 

6. During the course of the tr-i; -_ie Press should not publish opinion or editorial comment 
which might tend to influence Todge or jury. 

7. Nothing in these Guidelines could inhibit law enforcement agencies from disclosing 
information necessary to enlist pcbic assistance in the apprehension of a fugitive from justice 
or in the interest of public securhy. Nothing herein is intended to supersede any existing more 
restrictive rule governing the rei?2L>; of information concerning juveniles or other offenders. 
The controlling court rule of c.-«jr {R. 5:9-1) establishes the guidelines. 

8. Accessibility of Public RerTrds. 

In order that civil litigation be fzrly reported, it is of paramount importance that there be 
free access to public records, and r: s the responsibility of the Judiciary, the Bar and the Press 
to see that such records are cieary of)en to the public. 

Except where confidentiality h specificially provided for by statute or court rule, all records 
which must be maintained by la« are clearly open to the public. Any effort by an individual or 
group to suppress or conceal a pcr^ic record should be resisted and exposed by the Judiciary, 
Bar and Press. 

29 



/i.-' Trial/Free Press 



FREE PRESS— FAIR TRIAL PRINCIPLES AND GUIDELINES 
FOR THE STATE OF NEW YORK 

THE NEW YORK FAIR TRIAL FREE PRESS CONFERENCE 
MEMBERS 

New York State Society of Newspaper Editors 

New York State Publishers Association, Inc. 

New York Press Association 

New York State Associated Press Association 

The New York Times 

The New York Post 

The Long Island Press 

United State Judges 

New York State Bar Association 

Association of Supreme Court Justices of the State oi New York 

County Judges Association of the State of New York 

Association of Judges of the Family Court 

New York State Association of Magistrates 

United States Attorneys 

District Attorneys Association State of New York 

New York State Defenders Association 

New York State Association of Chiefs of Police 

New York State Sheriffs' Association 

ASSOCIATE MEMBERS 

State Administrator, Judicial Conference 
New York State CcMnmissioner of Corrections 
United Press International 
Deadline Club of Sigma Delta Chi 

OBSERVERS 

American Broadcasting Company 

National Broadcasting Company News 

Newsday 

New York News 

New York State Broadcasters Association 

PRINCIPLES 

Freedom of the press is guaranteed by the First Amendmeni of the Constitution of the United 
States. 

The right to a speedy and public trial by an impartial jur> is guaranteed in criminal cases by 
the Sixth Amendment. 

The New York State bar, bench, law enforcement agencies and news media, as represented 
by the organizations that have signed this document, recognize and uphold these guarantees 
and grant them equal validity. 

They also recognize the right of the public in a democratic society to be informed about 
crime, law enforcement and the administration of justice, and the right, in general, to have 
trials openly conducted. 

While the news media recognize the responsibility of the judge to preserve order in the court 
and seek the ends of justice by all those means available to him, decisions about handling the 
news rest with the editors, who, in the exercise of news judgments, should remember that: 

(a) An accused person is presumed innocent until prcn^n guilty. 

(b) Accused persons and civil litigants are entitled to be judged in an atmosphere free from 
passion, prejudice and sensationalism. 



30 



Representative State Agreements — New York 

(c) Rearer, listeners and viewers are potential jurors. 

(d) No Mcs reputation should be injured needlessly. 

GUIDELINES IN CRIMINAL CASES 

The propir idministration of justice is the concern of the judiciary, bar. the prosecution, law 
enforcenerr personnel, news media and the public. None should relinquish its share in that 
concern. \:ne should condone injustices on the ground that they are infrequent. 

1. When ind after an arrest is made, the following information should be made available 
for publr^ron: 

(a) Tht ic;used's name, age, residence, employment, marital status and similar background 
informinrn. 

(b) Tht iL.rstance or text of the charge such as a complaint, indictment, information and, 
where iprropriate, the identity of the complainant. 

(c) The Aaintit)- of the investigating and arresting agency and length of the investigation. 

(d) Tht rrrumstances immediately surrounding the arrest, including the time and place of 
arrest, -essiance, pursuit, possession and use of weapons and a description of items seized 
at the me of arrest. 

2. The Tziiase of certain types of information by law enforcement personnel, the bench and 
bar and tie rublication of this information by news media may tend to create dangers of pre- 
judice wT±on serving a significant law enforcement or public interest funaion. Therefore, all 
concerne: irould be aware of the dangers of prejudice in making pretrial disclosure of the 
following- 

(a) Stair—ents as to the character or reputation of an accused person or a prospective 
witness. 

(b) Adnissons, confessions or the contents of a statement or alibi attributable to an ac- 
cused rerion. 

(c) The ps-formance or results of tests or the refusal of the accused to take a test. 

(d) Stairrrents concerning the credibility or anticipated testimony of prospective witnesses. 

(e) The pcssibility of a plea of guilty to the offense charged or to a lesser offense, or other 
disposizoL 

(f) Opfc-.Tis concerning evidence or argument in the case, whether or not it is anticipated 
that sticr f%idence or argument will be used at trial. 

3. Prior — xoinal charges and convictions are matters of public record and are available to 
the news nsiia. Police and other law enforcement agencies should make such information 
available :: :ne news media on request- The public disclosure of this information by the news 
media mi; re highly prejudicial without any significant addition to the public's need to be 
informed Tre publication of such information should be carefully considered by the news 
media. 

4. Law er:' ?rcement and court personnel should not prevent the photographing of defen- 
dants whtr irey are in public places outside the courtroom. They should neither encourage nor 
discouraK nctures or televising but they should not pose the accused.* 

5. Phot-'cr^iphs of a suspect may be released by law enforcement personnel provided a valid 
law enfor:enent function is served thereby. It is proper to disclose such information as may be 
necessan :: enlist public assistance in apprehending fugitives from justice. Such disclosure 
may incluit photographs as well as records of prior arrests and convictions. 

6. ParrcL;ar care should be taken not to disseminate prejudicial information, including 
informati?! idduced in pretrial hearings and closed hearings, when a trial is approaching or is 
underwai tid the information is likely to be seen or heard by potential jurors. 

♦Rule 20.: .f -he Administrative Board of the Judicial Conference incorporates tins paragraph with the 
added sti-encTit that: 

"The f on;£?:mg shall not be construed as a limitation upon the responsibilitii' and authority of . . . the 
administrirv; -udges to formulate and effectuate such reasonable rules as may be necessary and proper 
to ensure ne: -Jie coverage permitted shall resp>ect the dignity, decorum and safer> of the Courthouse 
and the prxer conduct of court business therein." 



31 



Fair Trial/Free Press 

7. Once a trial has begun, ih -?«s media may report anything done or said in open coun 
provided that any statement o- --ts excluded from evidence is described as having been sc 
excluded. When matter or staif-:nT3 are excluded from evidence outside of the presence o:' 
the jury, disclosure may be hig: n-ejudicial without any signitlcant addition to the public'^ 
need to be informed. The puhi;_ r: of such information should be carefully considered b^ 
the news media. 

8. No one should make, pubii." r broadcast a statement designed to influence, forecast o- 
prejudge the outcome of a trial -.:::iied persons, however, should have the privilege of issuing, 
denials of allegations made aiz-iit diem. 

. These guidelines are intenoc • protect the right to a speedy and public trial by ar 
impartial jury, not to prevent r^ n-ess from inquiring into and reporting on the integrity 
fairness, efficiency and effecturis of law enforcement and the administration of justice 

GUIDELINES ON T-E ^SPORTING OF JUVENILE PROCEEDINGS 

1. The basic principles of fai-iiz ind cooperation betv^reen the Family Court and the new.' 
media should apply in the hancz^ :r juvenile matters, maintaining due regard for the scopt 
and nature of such proceeding ^.: .he central purposes of guidance and rehabilitation K 
which such proceedings are dr-'ii- 

2. The term juvenile should r- : Tisirued to include those persons under the age of sixteer 
charged with acts of delinquenr ^c ±ose male persons under the age of sixteen and femalt 
persons under the age of eightec -.irged with acts relating to a person in need of supervisior 
as such terms are defined by tr> -- ~-l y Court Act. Juveniles also include those persons whc 
are objects of proceedings invo' ^ -atters of support, neglect, custody, adoption, paternit} 
and family offenses. 

3. The disclosure of informa: - v^ law enforcement agencies concerning juvenile matten 
shall be governed by appropri^r :n-?visions of the Family Court Act. 

4. The news media are free tc --nish information concerning or involving juveniles securec 
from independent sources prior : re institution of juvenile court proceedings, exercising due 
discretion and good taste and rr^^ due regard for the views of the parties or agencies in- 
volved. The disclosure of the iarTr- rf any juvenile should be made only when permitted b} 
statute and when a clear public -_— <;se would be served by such disclosure. Greater latitude 
should be permitted where the ir -^ment of the juvenile is merely collateral to an adult pro- 
ceeding. 

5. In reporting juvenile cou- rrrceedings the names and identifying data of juvenile 
respondents should be publishe. m-^ with the concurrence and permission of the judge pre- 
siding. Records of any such v' "cing shall be open to public inspection only with the 
court's consent and as permirrii :^ statute. 

6. Confidential reports, incluini probation reports, social and clinical evaluations anc 
reports of other auxiliary servic; T^ared for the court's use shall not be open for public 
inspection except with the exr^; ronsent of the court. 

7. Following the disposition : . u-renile proceeding, the news media shall be entitled tc 
information thereof, without narr^i :r identifying the juvenile involved. Recitation, however 
of the circumstances surroundr_ Tie prcKeeding, identity of the law enforcement agencv 
involved and the length and naur; t ±e investigation, togetiicr with the ultimate charge shal 
be permitted. 

GUIDELINES ON "-E REPORTING OF CIVIL PROCEEDINGS 

Coverage of civil cases before an :imng trial involve the same risk to the administration of 
justice as the reporting of crim=_ ases. Parties in civil catses, including cases having specia 
news value because of public mi^-^ n the subject matter, are as much entitled to a fair tria^ 
by an unbiased jury as are the t_— es to a criminal prcx;eeding. Jurors summoned to decide 
questions of civil liability or r..— .a^ should be free from public clamor and special in- 
fluences. 

Coverage of civil cases shouic -^ rilanced so that both sides of the case are reported. It is 
unfair to report only a portion - -s "acts of the case as though they were the only facts. AL 
steps in civil litigation prcKeed ^ z <i- regard to deadline and, accordingly, reporting of onh 



32 



Representative State Agreements — New York 

an aspect of a case to meet a deadline may give the public a distorted view. 

A fair and balanced coverage requires that media follow up in a subsequent report with the 
other side of the story. Media should be wary of contrKed information the effect of which 
would be to influence potential jurors as to liability or amount of damages. 

In order that civil litigation, as well as other matters ir. the public interest, be fully reported, 
it is of paramount importance that there be free access :o public records, and it is the respon- 
sibility of the bench, the bar, and the press to see thai such records are clearly open to the 
public. 

GUIDELINES ON ACCESSIBILITY OF PUBLIC RECORDS 

Except where confidentiality is specifically provided for in statutes, all records which must be 
maintained by law are clearly open to the public. Any effort by an individual or group to sup- 
press or conceal a public record should be resisted and exposed by the bench, bar, and press. 

RULES OF PROCEDURE OF 
NEW YORK FAIR TRIAL— FREE PRESS CONFERENCE 

1. Name 

The name of this organization shall be New York ¥ni Trial-Free Press Conference. 

2. Purposes 

The purposes of this organization are: 

(a) To serve as a forum for discussion concerning publicity about civil and criminal trials 
and the processes of law enforcement. 

(b) To encourage cooperation among the professions of journalism, law, and law enforce- 
ment and the education of members of each profession to the concerns and obligations of 
the other. 

(c) To prepare, and encourage voluntary adherence by members of both professions to, a 
Statement of Principles and Guidelines relating to news reporting of civil, criminal and 
juvenile proceedings and law enforcement processes, and to prepare and publish, or cause 
to be prepared and published, articles, pamphlets and books relating thereto. 

(d) To encourage the formation of regional and local counterparts of this organization with 
like purposes and functions. 

(e) To work for the establishment by schools of joumaiism and law within the state of one or 
more jointly run courses concerning fair trial and free press which shall be open to students 
from either discipline, and to encourage research by such schools in areas of law, journal- 
ism, psychology and sociology related to that field. 

3. Membership 

(a) There shall be two classes of membership: voting and associate. An associate member 
shall be entitled to attend and participate in discussico at any meeting of the organization 
and may serve on organization committees, but shall not be required to pay dues and shall 
not be entitled to vote at organization meetings. 

(b) There shall be one voting member representing each of the organizations, agencies and 
groups hereafter named, each organization, agency or group to determine for itself the 
manner in which its designee shall be named. The organizations, agencies and groups re- 
ferred to are: New York State Society of Newspaper Editors; New York State Publishers 
Association, Inc.; New York Press Association; New York State Associated Press Associa- 
tion; The New York Times, The New York Post and The Long Island Press, as a group; 
United States Judges, as a group; New York State Bar Association; Association of Supreme 
Court Justices of the State of New York; County Judges Association of the State of New 
York; Association of Judges of the Family Court; New York State Magistrates' Association; 
United States Attorneys, as a group; New York State District Attorneys' Association; New 
York State Defenders Association; New York State Association of Chiefs of Police; New 
York State Sheriffs' Association. Each such organization, agency or group shall pay annual 
dues of $100 to the Conference. Additional voting n:embers may be designated by two- 
thirds vote of the voting members holding membership at the time. Any organization, 
agency or group having voting membership may send more than one designee to any meet- 
ing of the organization, but nevertheless shall be esritled to only one vote. 



33 



Fair Trial/Free Press 

(c) Associate men -r- ihall include the State Administrator of the Judicial Conference, 
New York State C -— .ssicner of Corrections, designees of United Press Internationa] and 
Sigma Delta Chi -m ms other associate members approved for such membership from 
time to time by i -thirds vote of the voting members. 

4. Meetings 

(a) The organizati - r.iA meet annually on the third Friday of October in each year and at 
other times upon r j_l of the Chairman, the Vice-Chairman or any three voting members. 

(b) Notice of the t— jd place of the annual and of any special meeting of the organiza- 
tion shall be gi\t- - «Titing, not less than ten days in advance of the meeting date. 

(c) A quorum for r r ransaction of business shall consist of ten voting members, at least 
five of whom shal -- lesignees of law and five of media organizations, agencies or groups. 

5. Officers 

The officers shal -- . Chairman, a Vice-Chairman, and a Secretary-Treasurer. The Chief 
Justice of the State ' ^e» York shall be Chairman. The Vice-Chairman and Secretary- 
Treasurer must be \ :-^ -nemben, and one must be a voting member from a law orgar.ization 
and the other must r^^ . dng member from a media organization. The term of office of Vice- 
Chairman and Secrr^-- Treasurer shall be for one year and until his successor is chcsen and 
qualified, and they : "_ -e elected by majority vote of the voting members. A vacan-. in the 
Vice-Chairmanship - -jreiary-Treasurership shall be filled for the balance of the term at a 
meeting of voting r-— rers called for that purpose. 

6. Committees 

There shall be s".^-_::g committees on (1) Guidelines, (2) Forums, (3) Publicatjoos. (4) 
Finance, each consL^r_ t at least one voting member of the organization and such other per- 
sons as the Chairiru-: -j.;. designate. The function of the Guidelines Committee shiD be to 
interpret the princip= ~d guidelines adopted by the organization and to review with ibe per- 
sons concerned any r-trriaints that the guidelines have not been followed. The function of the 
Forums Committee s:_; ?e to arrange seminar type programs for this or any other interested 
organization, inclucr_ rrofessional and civic associations and educational instituiicos. Tlie 
function of the Pubii_i:ns Committee shall be to commission for publication and cause to be 
published educatior^ • «.^ and pamphlets concerning fair trial-free press. The function of 
the Finance Commr:- ;hall be to obtain such funds, over and above the amount raised 
through dues payrrc-::. as are necessary to carry out the purposes of the organization. 

7. Amendment 

These rules of pr:c-:_re may be amended at any annual meeting or any special meeting 
provided that not leu z^n ten days' notice of the meeting is given and that the substance of 
the amendment is .;>; xth in the notice. 

8. Distribution cr -.ses 

Upon any dissolu^ - f this Conference, no member shall be entitled to any distribotion or 
division of its remai — ^ issets and the balance <rf all money and other property theretofore 
received by the Corr -—-..■? from any source, after the payment of all of its debts and obliga- 
tions of whatsoeve- :.--z and nature, shall be distributed, paid and turned over to any 
organization desigm :-- -y the members of the Conference which is then qualified 2.5 a tax 
exempt organizatioi _-::;:r Section 501 (c) (3) of the Internal Revenue Code of 1954 i2!? LSCA 
501 (c) (3) ) as the .^-r nay be amended from time to time hereafter, and all rerjJations 
under said section r;^- oi force. 

Appenciix 

COMPLAINT PROCEDURE 

The basic concept :>fr.z:: the Conference being vtrfuntary restraint there is no enforvement 
procedure. When a r— r jint is made, it can only be discussed with the offender in an effort to 
make clear to him v-_ -e violation was and what deleterious effect it had. The expectation, 
of course, is that »t=: jz offender understands the problem he will, when a similar matter 
comes up again, q^; r ji favor of restraint ratfier than publication or the making of a 
statement. 

The Conference r--: 5 statewide, and functions through its officers and through com- 
mittees on Guideliit; ^blications, Education and Finance. There are, however. Regional 



34 



Representative State Agreements — New York 

Committees also, referred to in the Rule of Procedure as counterpart organizations. The 
thought behind the Regional Committees is that greater cooperation can be expected from 
people who are daily working together and. therefore, are more intimately acquainted with the 
issues at hand than from a more diverse group. 

Voluntary- comphance being the goal, logic dictates that a complaint be first considered on 
the Regional level if it cannot be dealt with in the first instance by the Association of which the 
"offender" is a member. The course for handling of complaints is, therefore, as follows: 

1. A complaint letter is received by the chairman from a Conference delegate or from an 
outsider about a particular incident. 

2. The complaint is referred to the delegate of the Association of which the offender is a 
member and to the Regional Committee co\ering the area involved. For example, if a con- 
fession has been released by a police officer and printed by a local paper, the complaint would 
be referred to (a) the appropriate Regional Committee, (b) the delegate of the Association of 
Police Chiefs, (c) the delegate of the Society of Newspaper Editors. 

3. The Association delegates looking into the matter report to the Regional Committee 
either taking issue with the complaint or stating what effort has been made by the association 
to assure that future similar violations will no: cccur. The Regional Committee will then close 
the matter if satisfied with the Association disposition, or hold a meeting with the principals 
involved in order to discuss the matter funher. 

4. The Regional Committee reports to the parent Conference at each Conference meeting 
the nature and disposition of complaints made since the last meeting. Since minutes of each 
Conference meeting are distributed to all members of the Conference and of its committees, 
including all Regional Committees, the dispc>sition of complaints becomes known to all. 

5. The Conference's Guidelines Comminee is available to consider the matter if the Re- 
gional Comminee desires its participation or if any of the people involved in the complaint 
wish to have it considered by the Guidelines Committee. Since the Guidelines Committee is 
aware of all complaints, it knows where the trouble spots are and can, if it seems advisable to 
do so. recommend amendments of the Guidelines. 



35 



Fair Trial/Free Press 



BY-LAWS 

FAIR TRIAL— FREE PRESS COUNCIL 

OF NORTH DAKOTA 

PREAMBLE 

WHEREAS: Freedom of the press is a fundamental liberty, constitutionally guaranteed, that 
must be zealously preserved and responsibly exercised; the right to a fair trial for one accused 
of crime is a fundamental liberty, constitutionally guaranteed, that must be zealously 
preserved and responsibly exercised; the concept of a fair trial must be predicated on the pre- 
sumption of innocence; the right of an accused to a public trial is a constitutionally 
guaranteed, fundamental liberty; members of a free society have the right to acquire and im- 
part information consistent with constitutional principles; the right to disseminate informa- 
tion should be exercised with discretion when public disclosure might jeopardize the ends of 
justice: the news media have the right, responsibility and obligation to report the truth; a free 
and responsible press enhances the administration of justice: 

NOW THEREFORE, the organization and groups hereinafter named have voluntarily joined 
to establish the Fair Trial-Free Press Council of North Dakota: 

1. To promote closer understanding among the Bench, Bar, news media and law enforce- 
ment authorities, especially in their efforts to delineate the constitutional guarantees of 
freedom of the press and the right to a speedy, fair and impartial public trial, through a 
mutual and voluntary statement of principles to serve as guidelines for the release and dis- 
semination of news. 

2. To provide for the mutual education and enlightenment of the organizations and groups 
concerned with respect to their mutual obligations, and to provide a forum in which specific 
problems can be promptly discussed and resolved as they arise, and through which 
recommendations can be formulated and transmitted for the voluntary consideration of those 
persons interested and involved. 

3. To promote a harmonious relationship among bench, bar, law enforcement authorities 
and news media in the administration of justice. 

ARTICLE!. 

Membership 

Sec. 1. The membership of this council shall consist of the Chief Justice of the Supreme 
Court of North Dakota or such other Supreme Court Judge as he may designate, one member 
of the District Court Judges Association of North Dakota, three representatives of the North 
Dakota Associated Press Association, two representatives of the North Dakota press 
Association, two representatives of the Associated Press Broadcasters Association, two repre- 
sentatives of the North Dakota Broadcasters Association, one Municipal Judge selected by the 
League of Cities, one Sheriff and one Police Chief selected by the North Dakota Peace 
Officers Association, one representative of the States' Attorneys' Association, two represen- 
tatives of the State Bar Association of North Dakota, one of whom shall be a practicing 
criminal defense attorney, one member of the University of North Dakota Law School Faculty, 
one member of the University of North Dakota Department of Journalism, one representative 
of the County Justices' Association, one representative of the County Judges' and Clerk of 
Courts' Association, one representative of the County Coroners" .Association, one represen- 
tative of the North Dakota Press Women and one representative of the North Dakota Com- 
bined Law Enforcement Council. 

Sec. 2. Members of the Council shall be selected by and serve at the pleasure of the organ- 
ization or group which they represent. When vacancies occur, they shall be filled by appoint- 
ment of the Council Chairman upon nomination by or the recommendation of the organiza- 
tion or group whose representative is to be replaced. Each organization or group may desig- 
nate one or more alternates to act as proxy for its representatives. 

Sec. 3. Representation of additional relevant groups may be accomplished by amendment of 
these By-Laws. 

36 



Representative State Agreements — North Dakota 
ARTICLE II. 
Officers 

Sec. 1. The officer r the Fair Trial-Free Press Council of North Dakota shall consist of a 
Chairman, Vice Charr.in, Secretary and Treasurer to be selected by the Council. There shall 
be no two officers fnr: iny one of the organizations or groups which make up this Council. 
Election of officers r.i2 be at a meeting of tthe Council called for that purpose and the 
officers shall serve L-e rear terms. 

Sec. 2. Duties oi ~cers: 

The Chairman sha! mside at all meetings a€ the Council and the steering comminee pro- 
vided for in Artick II. and shall perform other duties usually pertaining to this office. 

The Vice Chairma: rjJl perform such duties as may be assigned to him by the Chaxman. 
In the absence of tht UtiaTnan, the Vice Chairman shall perform the duties of the Chairman. 

The Secretary shal sue notices of all meetings of the Council and the steering comnirtee, 
and shall keep a rei ~i of the proceedings thereof. 

The Treasurer shal :c responsible for preparing the Council budget and shall recer.e and 
disburse all monies i-^i- in by the Council. He shall deposit the money received to the credit 
of the Council in suci ze-positories as may be approved by the Council. He shall make such re- 
ports as shall be dei^r^ted by the Council and the steering committee. 

ARTICLE III. 

Steering Committee 

Sec. 1. The Steerin; I.xnmittee shall consist of the officers of the Council and such other 
Council members a.- ~e Council may determine. 

Sec. 2. The officer, f ±e Fair Trial-Free Press Council of North Dakota shall sene in like 
capacities as officer, .t the Steering Committee. 

Sec. 3. The Steerini I."<nmittee shall conduct the affairs of the Council between meetings of 
the Council. Policy r ■ .rng authority shall at all times reside in the Fair Trial-Free Press 
Council. 

Sec. 4. The Steeriiu Icoimittee shall have authority to conduct studies in areas appropriate 
to the purposes of nz Fair Trial-Free Press Council, and to appoint committees for that 
purpose. Each such z ::inittee shall explore the subject assigned to it, identify probleir areas 
within that subject ar: report its findings and recommendations to the Steering Coramittee. 

Sec. 5. Meetings a re Steering Committee may be called by the Chairman or three other 
members of the Stes-z^ Committee. 

Sec. 6. At all meetr^ of the Steering Committee, a majority of the members thereof shall 
constitute a quoruir x the transaction of business and the decision of a majority of the 
members present a: . -eeting shall constitute the decision of the Steering Comminee. 

Sec. 7. The Steeniu T.^mmittee shall prepare and present to the Council an annual report 
of its activities. 

ARTICLE IV. 

Meetings 

Sec. 1 The annua r.etfdng of the Council shall be held in the month of November a: such 
time and such place ^ re Steering Committee shall determine. Written notice of the annual 
meeting shall be ser ": each member of the Council at least thirty (30) days before the 
meeting. 

Sec. 2. Special mee-ris of the Council may be called by the Chairman, the Steering Com- 
mittee, or members -icresenting at least five of the organizations making up the Council. 
Notice of the time, pt«-= ind purpose of a special meeting shall be issued at least founeen (14) 
days in advance. 

Sec. 3. At all meetr.^ c^ the Council a majority of the membership thereof shall constitute 
a quorum for the tr^rbjction of business and the decision of a majority of the members 
present at a meetiru roll constitute the decision of the Council. 

37 



Fair Trial/Free Press 

ARTICLE V. 
By-Laws 

Sec. 1 . These By-Laws shall be effective when approved by a two-thirds vote of the members 
of the Council present and voting at a Council meeting. 

Sec. 2. These By-Laws may be amended at any Council meeting by a two-thirds vote of the 
members of the Council present, after notice of the proposed change in the By-Laws is given in 
the notice calling the Council meenng. 

RECOMMENDED GUIDELINES OF 

THE FAIR TRIAL-FREE PRESS COUNCIL 

OF NORTH DAKOTA 

RELATING TO ADULT CRIMINAL PROCEEDINGS 

L 

The following information generally should be made public at, or immediately following, the 
time of arrest: 

(A) The Accused's name, age, resxlence, employment, marital status and similar back- 
ground information. 

(B) The substance or text of the chirge, such as is, or would be contained in a complaint, in- 
dictment, or information. 

(C) The identity of the investigatit^ and arresting agency and the length of the investiga- 
tion. 

(D) The circumstances immediateK surrounding an arrest, including the time and place of 
arrest, resistance, pursuit, possessico and use of weapons, and a description of items seized 
at the time of arrest. 

IL 

The following information generally should not be made public at, or immediately after, the 
time of arrest: 

(A) Statements as to the character or reputation of an accused person. 

(B) Existence or contents of any confession, admission or statement given by the accused, 
or his refusal to make a statement. 

(C) Performance or results of tess. or the refusal of an accused to take such a test. 

(D) Expected content of testimony, or credibility of prospective witnesses. 

(E) Possibility of a plea of guilty to the offense charged or to a lesser offense, or other dis- 
position. 

(F) Other statements relating to tbe merits, evidence, argument, opinions or theories of the 
case. 



38 



Representative State Agreements — Washington 



STATEMENT OF PRINCIPLES 

OF THE BENCH-BAR-PRESS 

OF THE STATE OF WASHINGTON 

PREAMBLE 

The Bench, Bar and Press (comprising all media of cass communications) of Washington: 

(a) Recognize that freedom of news media is one of ibe fundamental liberties guaranteed by 
the First Amendment of the Constitution of the Unhed States and that this basic freedom 
must be zealously preserved and responsibly excrosed. 

(b) Are obliged to preserve the principle of the prestnnption of innocence for those accused 
of a crime until there has been a finding of guih in an appropriate court of justice. 

(c) Believe members of an organized society have the right to acquire and impart informa- 
tion about their mutual interests. The right to disse=:inate information should be exercised 
with discretion when public disclosures might jeoc,irdize the ends of justice. 

(d) Have the responsibility to support the free flow o: information, consistent with the prin- 
ciples of the Constitution and this Preamble. 

To promote a better understanding between the Beach and Bar of Washington and the 
Washington News Media, particularly in their effons to reconcile the constitutional guar- 
antee of freedom of the press and the right to a fair, impartial trial, the following statement of 
principles, mutually drawn and submitted for voluntir^ compliance, is recommended to all 
members of these professions in Washington. 

PRINCIPLES 

1. The News Media have the right and responsibilitr to print the truth. A free and respon- 
sible news media enhances the administration of juoce. Members of the Bench and Bar 
should, within their respective canons of Legal ethics, cooperate with the news media in the 
reporting of the administration of justice. 

2. Parties to litigation have the right to have their causes tried fairiy by an impartial 
tribunal. Defendants in criminal cases are guaranteed this right by the Constitutions of the 
United States and the various states. 

3. No trial should be influenced by the pressure of publicity from news media nor trom 
public clamor, and lawyers and journalists share the responsibility to prevent the creation of 
such pressures. 

4. All news media should strive for objectivity and jccuracy. The public has a right to be 
informed. The accused has a right to be judged in an annosphere free from undue prejudice. 

5. The news media recognizes the responsibility of ±* judge to preserve order in the court 
and to seek the ends of justice by all those means available to him. 

6. Decisions about handling the news rest with editors, but in the exercise of news 
judgments the editor should remember that: 

(a) An accused person is presumed innocent until proven guilty. 

(b) Readers and listeners and viewers are potential jurors. 

(c) No person's reputation should be injured needlessJy. 

7. The public is entitled to know how justice is being administered. However, no lawyer 
should exploit any medium of public information to enhance his side of a pending case. It 
follows that the public prosecutor should avoid taking anfair advantage of his position as an 
important source of news; this shall not be construed to limit his obligation to make available 
information to which the public is entitled. 

8. Proper journalistic and legal training should inclode instruction in the meaning of con- 
stitutional rights to a fair trial, freedom of press, and the role of both journalist and lawyer in 
guarding these rights. 

ADOPTED March 26. 1%6, in general session, bv a joint committee representing the 

following groups: 

Washington State Supreme Court, Superior Court Judges' Association. Washington State 
Magistrates' Association, Washington State Bar Association, Washington Association of 



39 



Fair Trial/Free Press 

Sheriffs and Chiefs of Police, Washmr^cn State Prosecuting Attorneys' Association, Allied 
Ekaily Newspapers of Washington, N^i^-:mgton Newspaper Publishers Association, Wash- 
ington State Association of Broadcasis-. The Associated Press, United Press-International, 
School of Communications Universr- :t Washington. 

GUIDELINES FOR THE RE^IPTING OF CRIMINAL PROCEEDINGS 

The proper administration of justice is 's-^ -esponsibility of the judiciary, bar, the prosecution, 
law enforcement personnel, news med.i ^d the public. None should relinquish its share in 
that responsibility or attempt to overria; r regulate the judgment of the other. None should 
condone injustices on the ground th^: -ey are infrequent. 

The greatest news interest is usually er^£::dered during the pretrial stage of a criminal case. 
It is then that the maximum attention i -rceived and the greatest impact is made upon the 
public mind. It is then that the greater. :— t^er to a fair trial occurs. The Bench, the bar and 
the news media must exercise good juc~.ent to balance the possible release of prejudicial 
information with the real public interest. However, these considerations are not necessarily 
applicable once a jury has been empanecr: _n a case. It is inherent in the concept of freedom 
of the press that the news media be fre; " -eport what occurs in public proceedings, such as 
criminal trials. In the course of the tria! r £ Jie responsibility of the bench to take appropriate 
measures to insure that the deliberation; ~ rie jury are based upon •what is presented to them 
in court. 

TTiese guidelines are proposed as a rnt-.rs of balancing the public's right to be informed 
with the accused's right to a fair trii. -rfore an impartial jury. 

1. It is appropriate to make public mr following information concerning the defendant: 
(aj The defendant's name, age, resiaerc:. employment, marital status, and similar back- 
ground information. There should be u restraint on biographical facts other than accur- 
acy, good taste and judgment. 

(b) The substance or text of the ch^rs. such as complaint, indictment, information or, 
where appropriate, the identity of :rc ;omplaining party. 

(c) The identity of the investigating am .rresting agency and the length of the investigation. 

(d) The circumstances immediately sur-cnding an arrest, including the time and place of 
arrest, resistance, pursuit, possession zzz jse of weapons, and a description of items seized 
at the time of arrest. 

2. The release of certain types of infcrr^ion by law enforcement personnel, the bench and 
bar and the publication thereof by new; r.edia generally tends to create dangers of prejudice 
without serving a significant law enforc?r.ent or public interest function. Therefore, all con- 
ceriied should be aware of the dangers v rr^judice in making pretrial public disclosures of the 
following: 

(a) Opinions about a defendant's ciu-saer, his guilt or innocence. 

(b) Admissions, confessions or the c?Tr=nts of a statement or alibis attributable to a de- 
fendant. 

(c) References to the results of inver.ip.J*e procedures, such as fingerprints, polygraph 
examinations, ballistic tests, or lab?nrcr> tests. 

(d) Statements concerning the credibiir x anticipated testimony of prospective witnesses. 

(e) Opinions concerning evidence or a-Eiment in the case, whether or not it is anticipated 
that such evidence or argument wii ••; used at trial. 

Exceptions may be in order if informa:; ': to the public is essential to the apprehension of a 
suspect, or where other public interKi v-31 be served. 

3. Prior criminal charges and con\ic:K'-.5 are matters of public record and are available to 
the news media through police agencie t court clerks. Law enforcement agencies should 
make such information available to the rs^- media after a legitimate inquiry. The public dis- 
closure of this information by the a^r: media may be highly prejudicial without any 
significant addition to the public's neec x. rx informed. The publication of such information 
should be carefully reviewed. 

4. Law enforcement and court persocr:::: should not prevent the photographing of defen- 
dants when they are in public places ouisce the courtroom. They should not encourage pic- 
tures or televising nor should they pcsi r.e defendant. 

40 



Representative State Agreements — Washington 

5. Photographs of a suspect may be released by law enforcement personnel provided a valid 
la* enforcement function is served thereby. It is proper to disclose such information as may be 
necessary to enlist public assistance in apprehending fugitives from justice. Such disclosure 
may include photographs as well as records of prior arrests and convictions. 

0. The news media are free to report what occurs in the course of the judicial proceeding 
its<;lf. The bench should utilize available measures, such as cautionary instructions, seques- 
trition of the jury and the holding of hearings on evidence after the empaneling of the jury, to 
insure that the jury's deliberations are based upon evidence presented to them in court. 

~. It is improper for members of the bench-bar-news media or law enforcement agencies to 
rrake available to the public any statement or information for the purpose of influencing the 
outcome of a criminal trial. 

S. Sensationalism should be avoided by all persons and agencies connected with the trial or 
reporting of a criminal case. 

GUIDELINES ON THE REPORTING OF JUVENILE COURT PROCEEDINGS 

1. News media and judges should work together with confidence in, and respect for, each 
oiher. 

2. News media should be welcome to all sessions of the juvenile court. If the privilege is 
exercised and cases are reported, news media should not disclose names or identifying data of 
the participants unless authorized by the court. News media attending sessions of the juvenile 
ccyrt should make every effort to remain in attendance during all sessions of cases they intend 
to report. 

3. The names and identifying data pertaining to alleged juvenile offenders may be used by 
the news media in those cases that are remanded by the juvenile court for criminal prosecution 
under adult standards. 

4. Responsibility for developing sound public interest in and understanding of the child, the 
cccimunity, and the court must be shared by the judge and the news media. 

5. All official records should be open to the news media with the judge's consent, unless 
inspection is prohibited by statute. 

0. Confidential reports, such as social and clinical studies, school or personal records, 
should not be open to inspection by the press, except at the express order of the court. 

". The judge, at his discretion, may release the name or other identifying information of a 
juvenile offender in his court. 

S. The court should strictly adhere to the Canons of Professional Ethics, which generally 
condemn the release of information concerning pending or anticipated judicial proceedings. 

9. If an alleged act of delinquency is publicized, news media should be informed of the 
disposition of the case to complete the original story. 

10. In the handling of juvenile matters the basic principles of fairness and cooperation 
summarized in the preamble and principles of the Bench-Bar-Press Committee of Washing- 
ton shall apply. The possibility that any juvenile matter may ultimately be handled as a 
cnminal case should be borne in mind. 

11. Nothing in the foregoing guidelines shall be construed to prevent news media from 
exercising their constitutional right to publish any news about juvenile offenders from the 
rine of their apprehension through the disposition of their cases if such information can be 
obtained from sources other than the courts, should the latter not wish to release such infor- 
mation. 

I a) In such circumstances due consideration should be given to recommendations of the 
juvenile court and its officers. 

■b) In determining whether to disclose names or other identifying data pertaining to alleged 
juvenile offenders, due consideration should be given as to whether that information is of 
the type the public must have to be fully aware of its juvenile court and the delinquency situ- 
ation. 

GUIDELINES ON THE REPORTING OF CIVIL PROCEEDINGS 

1. The Need for Broader Coverage: Although far more numerous than the trial in criminal 
courts, civil trials receive only a fraction of the attention devoted to criminal proceedings. One 



41 



Far Trial/Free Press 

reason may be the brevity of the civil case; another may be its apparent lack of human interest. 
Judges and lawyers should recognize a third reason: that newsmen do not understand some 
civil proceedings and pass them up for want of sufficient time to study or do leg work. 
The courts and their officers should give special attention to the need of the reporter to have 
background information and an interpretation of evidence as it is presented. Only the news 
media can give the public an objective and adequate explanation of civil actions and the 
reasons for judgments, orders and verdicts entered in such matters. 

2. Interpreting Legal Terms: Judges and lawyers traditionally have employed legal phrases 
with special meaning to the profession. Unless these terms are interpreted faithfully by 
newsmen, the public cannot be expected to understand their significance. It is the duty of 
judicial officers and their staffs to assist representatives of the news media to report accurately 
in lay language. Written judicial decisions should be so drafted that selected portions briefly 
summarizing the court's ruling may be quoted by the press. 

3. Legal Pleadings: Allegations in pleadings should not be reported as more than simple al- 
legations. Judicial officers and the press should be mindful of injustice or prejudice that may 
result from pretrial publication of such matters. 

4. Files: Official files in civil actions and probate matters, including pleadings, court orders 
and published depositions, are official records and available to the news media. 

5. Depositions and Interrogatories: Until opened and filed by court rule or order, a deposi- 
tion is not an official document, not a part of the clerk's file in the cause and not available to 
the news media. After court publication it may be extracted, quoted or copied for public dis- 
semination except any portions which may have been stricken. 

Reporting prior to trial what was said in a deposition may prejudice prospective jurors. 
Premature reporting may be unfair if, on the reading of the deposition in open court, portions 
are stricken. 

Answers to written interrogatories, filed with the clerk, are as much a part of the public 
record as are depositions which have been opened and filed. 

News reports should reflect whether the statements in depositions or answers to inter- 
rogatories have been uttered in open court or only in a filed document. 

6. Confidential Proceedings: Adoption, mental illness and family court causes, are by their 
nature and by statute* entitled to special protection by the court. Investigative reports are 
generally confidential. In those cases where the news media may desire access to such records 
or hearings, application may be made to the discretion of the court. 

7. Estates and Guardianships: The probate of estates of decedents and the administration 
of guardianships are usually non-adversary proceedings, conducted in open court without 
verbatim reporting by an official reporter. Newsmen should have access to all such hearings, 
to the official files concerning them and to such information as can be supplied by counsel 
and court attaches. Because of the nature of estate matters, personal and financial data con- 
cerning the decedent and his family must be revealed to the court. Whether it should be given 
to the public by the news media shold be governed by good taste, and the public's need to 
know, balanced against the potential effects on the survivors. 

8. Summary Dispositions: Disposition of civil actions by summary judgment or dismissal is 
a judicial determination which may appropriately be reported. The news media should be en- 
couraged to report the reasons for the court's action. The court should make these reasons 
available. 

9. Fair Trial: Litigants in civil causes, including causes having special news value because of 
public interest in the subject matter, are as much entitled to a fair trial by an unbiased jury as 
is a criminal defendant. Jurors summoned to decide questions of civil liability or damages 
should be free from public clamor and special influences. News media should be wary of con- 
trived information, the effect of which would be to influence potential jurors as to liability or 
amount of damage awards. The media acknowledge that the pretrial reporting of civil cases 
may involve the same risks to the administration of justice as the pretrial reporting of criminal 
cases. Pretrial coverage of civil cases should be balanced to minimize this risk. 

•See: RCW 7.02.160 Confidenriality in Mental Illness Hearings 

RCW 26.32.100. 150 Confidentialir. in Adoption Proceedings 

RCW 26.12.080 Confidentialit)- in Family Court Matters 



42 



Julie Love 

1. Gelb, Adam. The Bad Part is the Uncertainty '...Atlanta Constitution . Jul 

11, 1989; sec E, pi, col 4. 

2. Cummings, Jeanne. Two Families Cope with Answers... Atlanta 

Constitution . Aug 25, 1989; sec A, p 16, col 1. 

3. Dumping ground Where Body Found a No Man's Land. ..Atlanta 

Constitution . Aug 25, 1989; sec A, p 16, col 1. 

4. Angry Girlfried Said She Witnessed Rape, Murder.. . Atlanta Constitution . 

Aug 25, 1989; sec A, pi, col 2. 

5. Mcintosh, Sandra. Suspect in Love Slaying, Other Crimes. ..Atlanta Journal. 

Aug 26, 1989; sec A, p 10, col 1. 

6. — . Informant: Love Suspect Vowed to Kill.. . Atlanta Journal . Aug 26, 1989. 

sec A, p 1, col 2. 

7. Gelb, Adam. Love Suspect Had Violated His Probation.. . Atlanta Journal . 

Aug 27, 1989; sec A, p 1, col 2. 

8. Love Family 'At Peace' as Julie is Laid to Rest.. . Atlanta Constitution . Aug 

28, 1989; sec C, p 1, col 5. 

9. — . Bank Cards May have Broken Case.. . Atlanta Constitution . Aug 29, 1989; 

sec A, p 1, col 6. 

10. Sverdlik, Alan. When A Stranger Knocks.. . Atlanta Constitution . Aug 30, 

1989; sec C, pi, col 2. 

11. Love Case May Involve 4th Person.. . Atlanta Constitution . Aug 30, 1989; 
sec E, pi, col 6. 

12. Editorial. The Price for 'Tough' Probations.. . Atlanta Constitution . Aug 30, 
1989;secA, p8, coll. 

13. Editorial. Series of Blunders threatens Confidence... Atlanta Journal. Aug 
31, 1989; sec A, p 22, col 1. 

14. — . DeKalb DA, Judge Blame Each Other.. . Atlanta Constitution . Aug 31, 
1989; sec C, pi, col 5. 

15. Gelb, Adam. Hammond Facing New Court... Atlanta Constitution. Sep 1, 

1989; sec C, pi, col 6. 

16. System Failed to Protect Julie Love.. . Atlanta Journal . Sep 3, 1989, sec D, p 1, 
coll. 

17. Williams, Dick. Time for Manyard Jackson.. .Atlanta Journal. Sep 5, 1989; 

sec A, p 13, col 5. 

18. Atlanta Pohce Charge Hammond With Rape.. . Atlanta Constitution . Sep 
6, 1989; sec D,p 3, coll. 

19. Laurita, Michele. Women Kick Off Drive in Wake of Julie Love 



Slaying.. . Atlanta Constitution . Sep 7, 1989; sec XG, pi, col 1. 

20. Editorial. Judges Not to Blame for Criminal justice. .. Atlanta Constitution . 
Sep 8, 1989; sec A, pl4, col 3. 

21. Gelb, Adam. Corrections Probe into Love Case Places No Blame.. . Atlanta 
Constitution . Sep 12, 1989; sec E, pi, col 1. 

22. Hammond, Porter Indicted in Love Slaying.. . Atlanta Constitution . Sep 13, 
1989, sec E, p2, col 2. 

23. Tucker, Cynthia. Will We Focus on Bricola Coleman.. . Atlanta journal . 
Sep 16, 1989; sec A, p 19, col 1. 

24. Gelb, Adam. Judge Revokes Probation for 1 Love Suspect... Atlanta 
Constitution . Sep 19, 1989; sec B, p3, col 1. 

25. — . State Seeks Death Penalty in Julie Love Slaying.. . Atlanta Constitution . 
Oct 13, 1989; sec C, p 3, col 2. 

26. — . Julie Love Suspect Pleads Guilty.. . Atlanta Constitution . Nov 7, 1989; 
sec C, p 3, col 1 . 

27. Williams, Dick. Not Even Julie Love Case Deters. .. Atlanta Journal . Nov 
7, 1989; sec A, p 13, col 5. 

28. New Evidence Lead to Woman's Release.. . Atlanta Journal . Nov 18, 1989; 
sec A, pi, col 3. 

29. Riner, Duane. Police Say Love Suspect Plotted to Kill. .. Atlanta 
Constitution . Nov 29, 1989; sec B, pi, col 1. 

30. Woman Testifies Hammond Was Her 'Maniac Attacker... Atlanta 
Constitution . Dec 13, 1989; sec D, pi, col 5. 

31. Gelb, Adam. Writer of Letter Misstated Facts in Love Case.. . Atlanta 
Constitution . Dec 29, 1989; sec A, p7, col 3. 

32. Security Tightened for Julie Love Slaying Trial.. . Atlanta Constitution . Jan 
30, 1990; sec D, p 2, col 2. 

33. Riner, Duane. Hammond Lawyer, No Insanity Plea... Atlanta 
Constitution . Feb 9, 1990; sec E, p2, col 3. 

34. Jury Selection Slow as Trial Starts in Love Case. .. Atlanta Constitution . Feb 
20, 1990; sec B, p 2, col 4. 

35. Riner, Duane. Defendant's Ex-Girlfired Tells Her Version... Atlanta 
Constitution . Feb 27, 1990; sec B, p 1, col 3. 

36. — . Defense Shows Tape of Witness Implicating.. . Atlanta Constitution . Feb 
28, 1990; sec C, pi, col 5. 

37. — . Death Threat Prompts Tighter Security.. . Atlanta Constitution . Mar 1, 
1990;secC, plO, coll. 

38. — . Porter: 'I Heard a Gunshot Go Off. .. Atlanta Constitution . Mar 1, 1990; 
sec C, pi, col 2. 



39. — . Love Case Judge Bars Testimony on Shotgun.-. Atlanta Constitution . 
Mar 2, 1990; sec C, p 2, col 3. 

40. — . Woman Describes Abduction.. . Atlanta Journal . Mar 3, 1990; sec D, pi, 
coll. 

41. — . Hammond: 'I'd Never Murder'. .. Atlanta Journal . Mar 4, 1990; sec A, 
pi, col 6. 

42. Judge Limits prosecutor's Summing-Up... Atlanta Constitution . Mar 7, 
1990; sec D, p 2, col 3. 

43. Smith, Ben III. This time in Court, Love Family.. . Atlanta Constitution . 
Mar 8, 1990; sec A, p 19, col 3. 

44. — . Hammond guilty in Love Slaying... Atlanta Constitution . Mar 8, 1990; 
sec A, pi, col 5. 

45. Riner, Duane. Hammond Erupts as Woman Recalls Attack. ..Atlanta 
Constitution . Mar 9, 1990; sec B, pi, col 2. 

46. — . Hammond Gets Deth for Murder.. . Atlanta Journal . Mar 10, 1990; sec A, 
pi, col 5. 

47. — . Sentenced to Die... Atlanta Journal . Mar 10, 1990; sec B, pi, col 1. 

48. Pomerantz, Gary. At Love Trial, a Compelling Human Drama... Atlanta 
Journal . Mar 11, 1990; sec D, pi, col 6. 

49. Corvette, David. Hammond Prosecutor's Tactic Questioned.. . Atlanta 
Constitution . Mar 14, 1990; sec D, p 4, col 3. 

50. Riner, Duane. Second Defendant in Love Murder Case.. . Atlanta 
Constitution . Apr 20, 1990; sec D, p 2, col 3. 



THE ATLANTA CONSTITUTION 



* TUESDAY. JULY 11, 1989 



Reconstruction off a Fatal Collision 

SiK poopio wi'io kiil(>i1 aiK! 10 miufi'U mi .i im' vehicle colltsion <«i U S HA iwm Wayrror.s oady 




OSfiO'tly o(t«f mian.ghi Scott SleeOiy, 16 of Manor. 

h«ads west on u S 84 lownrds his home m his ptchup 

after Q date tn Waycoss He may havo i 

and speeding 
^Moanwhile, Army Staff Sgi James Koof^ce and 14 ol 

his f«ietives ifRvel tn a van easibound on 84 lo 

Hmesviiie otter attending a famity reunron in Hahira 
Q Atioui (ouf niiios west of Waycioss Scon suddenly 

veeis acfoss the center line ot (he two 'ane blacktop 

and Into the ditch paralleling the easttxjund lane before 

returning to Ihe highway 
Q Sergeant Koonce apparently sees the irucK and 

moves into the wof>tbound lane and slows oimosi to a 

stop lo avoid bemo hd 



© At nppronlmaiGly i? 15 a m , the 
picKup crosses the corner ime and 
slams Into the van head-on. pushing 
the van more than 70 feet and nppmg 
open the vehicles passenger side 
Thu picKup IrucK flips over on |he 
drivers sido Scott lias one tog 
pinnpd under the velncle 



Two Weekend Outings End 

In Tragic Soutk Ga. Wreck 



■ t'oitr killed and Civr mjurvd us van overturns 
on InlerslHle 75 m Cook County I'age K2 
By Jinglr Davis 

si„n\\,iu, 

WAYCItOSS. Ga ~ When Ware Counly 
sherifTs Dopiity lliirold Guiriii Jr iirrivod at llio 
scene of llie wreck, a passer by handed him a 
small bundle II was a sheet wrapped around 
(he body of a 2 week-old iMTant 

"ll was Ihe first I knew that anybody was 
dead," Dcpuly Guinn said Then we started 
pulling dead people out all over the place " 

Hy (he lime he was rinished. Deputy Guinn 
had helped pull five more bodies — all mem 
bers of Ihe same family - from the wreckage of 
a van that collided with a pickup truck on a 
lonely stretch of US W near Waycross early 
Sunday Ten more people were injured in what 
the local Georgia Stale ralrol coniinnnder said 



was the worst tralTic accident in the area in 
more than a decade 

While no charges have been filed and re 
suits of blood alcohol tests are pending, au 
tliorilies said Monday they are investigating re- 
ports that the 18 year old driver of the pickup. 
Scott Sleedley of Manor, had been at a party 
Saturday night and had consumed beer 

"We've interviewed some of Scott's friends 
v^■ho said he had been drinking beer and was in 
loxicated before the accident ' said Stale Patrol 
Sgt Jack Crawford, commander of the Waycross 
post, adding that investigators are trying lo 
track down the source of Ihe beer 

The teenager, who suffered severe head in 
juries in Ihe collision, was fiown to a Jackson 
ville, Kla . hospital, where his condition Monday 
was listed as critical but stable 



WRECK Conllnuedc 



UAVtD WiNK'Slall 







Unc: 



"n 



i.r\-^ [ T'T-Trr^r^ 



L^JrAl 



\ i. JL 



A Year After the Disappearance of Julie Love, 
Police Still Stumped, Family Still Fmstrated 



« a rally last summei-^IIana Danneman of AtlanU displays one of ihe hundreds of 
signs about Julie Love that were posted around AllanU. Ms. Love was 27 when she 
vanished one year ago. 



By Adam Gelb 

Julie l.ove vanished a year ago today 
and police are still looking for her. 

Just Monday, acting on a lip. detectives 
went lo Stone Mountain I'ark in search of 
the preschool exercise teacher's purse. It 
lurried out li lie soniehody else's. 

The lip. which came from two leenagei^ 
arrested in DeKalb County, was plausible 
enough to stir 
detectives; Ms. 
Love's purse 
wasn't in her 
red Mustang 
convertible 
when it V3s 
found, out of 
gas and parked 
at an odd angle 
on a quiet 
street near 
Huckhead 

But aAer 
more than 500 
other leads and 
hundreds of | 
hours following 
them up, and 
despite nation- 
wide publicity Police Sgt, T.A. Knox 
about the case takes a phone call on the 
and a $22,000 Julie Love case. 
reward that 

usually is enough lo make snitches turn in 
their own mothers, local, slate and federal 
detectives could hardly gel excited 

"We're still al square one," said CD. 
Porter, the Atlanta police investigator on 
Ihe case since the outset "We've not been 
able to come up with any positive informa- 
tion as to where she went, if she was with 
anybody or what happened after" she left 
the Lenox Poinle office condominiums fol- 
lowing a career counseling session last July 

Since then, while detectives have been 
tracking down supposed sightings as far 
away as California and Canada, Ms love's 
family and friends have been trying to find 
meaning in her disappearance, just one day 
alter returning from a trip to the beach 



liRrmm —, 




k? 




'^'WSi.-H ,^ irx>.;t ..Si's 



BodyFoiuKl 



VaniBbea 



Vol T^al of JuJi^Lov^ ■SM^-i 

-'^— -■ ~"~' '-^ ••' - --'-^- liT^-T— J 



Continuing publicity about Julie Love's 
disappearance has yielded a few tips but 
police are still at 'square one.' 

where the 27-year-old mended her relation- 
ship with marketing whiz Mark KapUr. 

JULIE Continued on Ee 



Hits Some Bumns. 



r"!-..*,— it;i. 



L 



E -6 c-u Xibnln .tminuil AWn CONSnTimWN T UES, iULYll, I9B9 . 



Julie Love 
Still Missing 
After a Year 

Fnnit P(ii,'c El 



"It's a year tiler and it's a ter- 
rible week ar^ In lr>ing to gel 
through II," Siii «r Kaplan, 33, co 
owner of the Gonn s Homemade 
lee Cream chiir. "We all look back 
and we know L'-ii we did cver>'- 
thing wilhin o.- power lo tr>' to 
find Julie. F.w- -laiile Ihing wc 
could think of 

Mr. Kapli: :-.-eslraled a pub- 
licity elTori i:;-. -ide the Love 
case probabi) ••; test-known in 
the rily sire; .-t ■missing and 
niurdervii c" :-' c;--es R *^"i'- 
fide »(;>' ;■;.■ !■ . .: = .i'n.n.snd posi 
in his north- 1-; Aiisnta home lo 
take tips and ;;-:rciriate volunteer 
work, organiir: ; rally in Pied- 
mont Park, f-r-Tr; billboards and 
distributed r.;i-> 200,000 (liers 
that asked "Hr-f Vou Seen Julie 
l>ove'" 

The Love rise rose lo the (Vont 
of police blotlers. overshadowing 
the 100 other trL-ie cases of miss 
ing persons, y^n -5 James Marcus, 
a 65-year old li;-.or store owner 
who disappei-?-: Sept 16 afler a 
car wreck, and 7i>ear-old Pauline 
Morries, £ 'r-, >: housekeeoor 

the m.iyiirs :• ;-;-:mood April 8 
and hasn'l bin: i^n since. 

Leads lo !<!! Love's where- 




AVE YOU SEEN 
JULIE LOVE? 



Mark Kaplan, Julie Love's boyfVlend, orches- ordinj'.* oJnnleers, organized a Piedmont 
•rated a publicity effort last year: He set up a Park rilh p-jsled billboards and distributed 
command post In his home to Ulie dps and co- fliers i^liw. 'Have You Seen Julie Love?' 



abouts have dwindled to a handfUl 
a month In March, a man on a 
flight from El Paso, Texas, to lx)s 
Angeles wrote a letter to Atlanta 
police .^.^ving he'd Sfil iievl to fi 

In February, ailer the Icievisioji 
show "A Current Affair " broadcast 
a story about her disappearance. 



police In Ontario. Canada mo-tri 
several sightings OfUcers a cner 
jurisdictions around tbf cotnr; 
have searched remote arsis vie^ 
psychics claim to have "y-^-' •'' 

try to think about what c;. : ".: -. 
happened, there are a m-.-r?: r*:^ 
sibillties, nnrt every one o:' ■_'>?:i < 



illogical." said Ms Love's brother, 
Russell Love, who recently moved 
from the family's home In Birming 
ham, Ala . to Join an Atlanta law 

fimi "You Ihink, well, m:^^^^ fV" 
£ol in a c.r V4i;h ;, .'.; — - ^ ■ 
then you say she'd never do thsl 
The bad part is the uncertainly 
about It all." 



DeKalb OK 
In Acriinon: 

By Robert Anthony Wat 

MaffWnlrr 

In one of the most tei 
clamorous school board me< 
recent history, the DeKalli 
Hoard of Kducation on ' 
night approved lolleries lo 
today to determine whicl 
county's veteran teachers 
transferred to comply with a 
court order. 

Nearly 500 teachers arc 
ed to be Included In a po< 
structors whose names 
placed in a lottery at Slot 
lain High School at 10 am 
high school teachers and 
elementary in«lrurtors an 
to be reassigned. 

The board endorsed 1 
after receivinj? a report i 
member ''':'•■!l•'.r^ p: n',-I 
to sludy the is*,ue. 

"Wc have analyzed, 
questioned every single 
that alTects any teacher i 
in the system." said Slel 
erne, a 31-year elemenUrj 
lor who chaired the commit 
have come lo the conclus 
the plan is as malhcmalicali 
and as fair as possible." 

Although it d«w hunt* 
teachers to the school boa' 
ing, the teacher transfer C( 
sy was largely overshadow* 
acrimonious discussion ove 
cial bslfi-i" nrnnr-'in'-H" 

IrdI 0,.. , Ki J.-.^ 

Board Chairwoman 
Bergman recessed the 
twice after board member 



Wreck Ends Weekend Outings 



From Page El 

Accord in| i: l^^estigalors, the 
collision W2! i ~.sb conclusion to 
two weekend :•.•.■£! that hsd be- 
gun in innDC-e-':-: 

Scoll, who ;-.!i completed his 
sophomore yn: it Ware County 
High School. Cine lo Waycross on 
Saturday night for his first dale 
with a local pri. said Sergeant 
Crawford 

. "He picked her up at her house 
and they did tiw usual things: 
cruised the ttnp and the Kmart 
parting lot, got i burger at the Bur 
ger King, did iJw ume sort of 
things most Wt^^ws teenagers do 
on dates." Sergeant Crawford said. 

About 9 30 [LH.. ScoU and his 
date went lo i Wijrross home for a 
"get-togelher"" »rth six or eight 
fnends, he said 

"At this POOL It seems the par- 
ents weren't it kooie The Indica- 
tions are there wis some beer 
drinking goini oe and the others 
said Scoll appeaml lo be intoxicat- 
ed Not knee-wilbng. falling-down 
drunk, but intooated " 

Meanwhile. >t>oul 50 miles to< 
Ihe southeast V«t SlafT Sgt James 
Koonce was load'ji^ 14 of his rela- 
tives into a Twxi *an for the io\.% 
drive home U> Huiesville fhim Ha- 
hira, where aboot SO people had 
gathered for a tiaily reunion. 

5, r'^on* K vxr- v*- -, hp«1 h^/^r 



caught up on news with family 
members they hadn't seen in years. 
Then they headed home. 

Shortly before midnight, Scott 
and his date left the get-together 
and the girl drove herself home, 
then tuniod th.e truck over lo ScoU. 
who headed toward his home in ru- 
ral Manor, according to Sergeant 
Crawford 

About four miles west of Way- 
cross, ScoU suddenly veered across 
the center line of the two-lane 
blacktop and Into the ditch parallel- 
ing the eastbound lane, traveling 
about 300 feet before returning to 
the highway. 

Sergeant Crawford said the 
teenager was apparently speeding. 

Sergeant Koonce, driving 
toward Waycross, apparently saw 
the truck, moved into the west- 
bound lane to avoid it and slowed 
almost to a stop. Deputy Guinn said. 

The pickup crossed the center 
line and slammed Into the van 
head-on, pushing the van more than 
70 feel down the highway and rip- 
ping open the vehicle's passenger 
side, spilling people, clothing ^and 
other items onto the pavement,' the 
deputy said. 

Sergeant Koonce, who was 
wearing a teat belt was trapped be 
hi.id Uie whcvl. His front seel [ is 
senger, Cornell Johnson, also wear 
ing a seat belt, was killed instantly, 
police said. A ckild sitting on Mr 
Johnson'r h" wr-. t'so killed. 



4 Dead, 5 Injured 
As Van Flips on I- 75 

Jhf As*ocialeil h--^ 

LENOX, Ca - r:<r >=•:- 
ple'died and five wet ttjitt-: 
>londay when the ••;: - 
which they ridirig ri:;;-r; >-r 
twice, skidding into L-.^ ner.- 
an of Interstate 75 ii '.\>:< 
County. 

The Georgia SlaM rsni 
identified the dead t< 3<! 
driver, Jayanlilal Pate. C ■ 
Albany; Mahesen Maps rmi. 
30. of McRae; ShanUU; T-ge^ 
34, of Fitzgerald: lai S»,ar 
Patel, 2, of Fitzgerald 

Trooper W.B Sumser ssd 
the accident happei»; »J«Bt 
5:45 p.m., just south of 'l-picx, 
when the right rear tr? tw^ 
out on the northbound til 



her lap and her eyes doses." he 
said. "She was in compte* smo." 

Deputy Guinn said b; fcxn: the 
body of another baby lyw ■ the 
pavement 

The pickup truck Qvpei ner 
on the driver's side, wilk Snc taJf- 
wsy out the window ew leg 
trspped beneath the vehide 

Deputy Guinn said tha nm be 
arrived, Scoll was uncocsrw;; jnd 
was having diiricully breadus. 

"I couldn't find a piis« ' 'Jie 
deputy said. "There's Ktinc but 




FROM 
ANCHOR Bi 



ACCOUNT 



12 MONTH 

INVESTMENT 



EFFECTIVE ANNUAL YIELi 




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ii'l lii/Kt-ral(l llammonil, 2-1, and purcnii huuii- lo keep mysell lo 
Vilhain Maurice Porter, 20, the sus- gelher," she said, '1 gol lo lalk lo 
peels m Ms, Love's abduction and him, 1 got to see him He's my 
murder, had their own grief only son and 1 love him " 

Dons Ervin, Hammond's moth- About a half hour away in I'n- 
er, said she doesn't believe her son ion City, Brian Porter, 22, said he 
commuted the crime "1 believe he was with his brother on their way to 
fs framed. She |his girlfriend, the grocery store about 1130 pm, 
vho went to police with details of Wednesday when about 10 Union 
he killing! is trying to mess him City.police officers and GBI agenls 
up" surrounded their car 

Mrs Ervin said she returned 'We didn't know what was going 
home from her night job at the post on." said Brian Porter as he re- 
onice Thursday morning lo find her called the police officers' sw'eep 
home ransacJked around the car and his hourlong 

"l uas by myself and 1 was wait in the Union City Police De- 
scared, '" she said "1 thought some- partmenl before his release "Final- 
one had broken into my house so 1 ly, a detective came out and said. 
ran down lo my parents' house," 'Your brother is in trouble ' 1 asked 
ThiTC, police officers told Mrs Er- why and he said, 'Kidnapping,' I 
■in It was they who had searched said. There is no way. man William 
her home, and of the charges wouldn't do that ' 
odged against her son Mr Porter said police let him 
1 was hurting 1 stayed at my go, and he had to walk home 


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■-•nl" , as fainl Mr^a 
■ lie- .kfd bla. ,|,„„s 

■St 1989Nf,. ,s,„e, 
f leter H ,ipj jf,iu 
ro Ihar, 25.000 mile 
"ȣ '" an orbit 



«ricu- discovery 
iO miles in dijme 
plunc in 3 sliRhtl) 
^ Urficr orbil aboul 
.-•"I- Ihf cloud lops 

Ihr second 
: inci was barrly visi 
.-' ■i cameras. seienlisLs 
■ini news of the pianelj 
iier loday could rpvea 



I il Shakes 
1-1 Quits, 
lu Mistress 

-^l.v salhorins of Cab- 



---.Ilia was appoint'^ 
.- AlK-n .Vr Kn;fu 

ause of an election 

^l the Liberal Demo- 

" ijority in the upper 

" jfr.enl Mr Uno was 

two months, hound 

-;.: -ins that he had kept 

• o'-. Takeshita. whom Mr. 
ni »i"r*e:ed. resigned to accept 
•SKTSic r. for the Recruit Co. 
I'.a^-f-ieddling scandal, which 
ir-: ^^^op ranks of govem- 
er.. ■ .^^tacy and business. 
~ I^^Hhosen because it 
' ^^^ him 

■ .:|.jjl ^.r- .-■.... r 

-r'.d-,' publ;c jup^-'orl 

. :j administration, 

. i lis priority is rosto- 

:cal ethics 

analyst Masaya Ito 
^-.dal "is particularly 
.-^■£ :<■ Kaifu The public 
ii'' ■•: :; 10 believe what he 
V -tr 'o* on after such a di- 
:r. B ^iJMjal I am sure many 
■:'■ - ,-f already feeling sick 
i: -»: :•' :'nding out alwut new 
' heir country's lead- 

- -ociety has been tol- 

ind powerful men 
: - and mistresses, and 
-T- :• have such matters 
■»:.-ed That such news 
•• -?ooned was due com- 
; Tiy own indiscretion." 
r<s* u said Thursday 



Happier Kids 

-- :•; '\f It would lead to 
>• r..o»ii achievement, while 
>»-?■:: -link students simply 
,.: •• -:n satisfied with their 



.••f Carnegie Foundation 

help lift the entire 

• -'.-^ are national goals 

-i-j Mr Boyer. in a June 

ed il a "national agen- 

form " 




A No iMan ""s Land 




sample of 1.S84 
nrrret ofway aiRf 
."•? ag'-eed .'jeventy per- 
. : -:"'X)Is should meet na- 

- -r-emi-nt standards and 

- rercent '.aid schools 
' i -t; ndartliied rurricu- 




By Deborah Sf ro; X '- 

At dawn, an eerie h. 
over the Irash-clogcei 
along Grove Park I'laie 

Pine trees and plle^ 
rotting trash line the t 
stretch between Johns. 
Horlense roads in nonh^' 
lanla Weeds grow oul c . 
sofas Mosquitoes drone ' 
malodorous stream chok^: 
discarded tires and a sti"' 
the air is thick with the f.- • 
a dogs decaying corpse 

The people who Iim 
this dismal scene were r :• 
least surprised Thursdi' 
it contained the bcd> 
l^vc Some were .-i.rr'- - 
hers was the onl> ■;■; 
found. 

Th.-rc .-.re r • 
.MS slr.-l..-!: ^;" ' : 
sign of life at sunr - 
was a blank-faced ri: 
in work clothes He .- 
front of a blue car. su" •- 
lone driver passing thro.f 
Two hours laier, r:'-t 
100 state and loci'; Iv^ ;- 
menl officers descer.:? 
Grove Park Place in ca- 
bus. sealed it off »iit 
crime-scene tape sr,c . 
looking for '.he remain; 
Love. Some picked u: ; 
handles and curlcin " 
probe the piles of tr;?- 
Dozens of :,:'■■ 
1 near the mouih ■-: ".'- 

the police barricidr- - 
' clump of neighbors ;■ ; 
teachers from nearb; • 
Boyd Elemenlar>- ScfiK 
across the street Sidne.' • 
the father of M; Lo-r 
friend, and a friend slo:.: 
them, wailing 

"I never ride ihro-jp 
at night by myself si': 
R. Sharp, who has ine: 
tense Road for 18 >ec-: 
just liable toshooi ><- - " 
just minding your c- : " 

Ms. Sharp ar: . ■ ■ 
they often hear -r. : 
woods at night Vo. •- 
shooting and you jjsi .~; 
somebody's getting ki.ir: 
there" Sometimes il ui.^ 
up. it's so loud " 

But they rarelv a 
because they are afrii: 
ting involved Most of -' 
dined to give their r.ir 



'Out of all the spots and 
I olaces in the 33rd Districl. 
I his is the worst eyesore 
h ' you're looking for some- 
tl iing, and parlicularly a 
di sad body, you'll probably 
fir id it here.' 

— Hop. Ijinoti Stanley 



■ of rep- orter They >jid they jusl lr> 
to a void the road and keep their 

- ar chil dren from playing in the 
. le wool Is 

- - d A ' woman who lues on the 
11' corni ?r of Horlense and Crine 

■c\ Park Place wondered wh. '!:.' 
the CI 'ly might have acini 
biilldt «>'d over Ms. Ijh. 
She 31 id the olhi'rs sjiri : 
-villil.'.l i'lli d.-|i::rliM-:i: l: 
:> l^ulldo ?.."S th.-- g:iin:,s- .i..,u 
-'d Gntve Park Place back into the 
m woods "And the next day. here 
a come I hem trucks down here 
wilhth< • tires and the rofngera 
-in tors, anc I dump it off. and il>^ jusl 
-"e- like il w. is before '" 
on Early in the afternoon, a few 

■d a politician s showed up They said 
ow Ihcy hop cd the publicity sur- 
;3n rounding the I.ovc case would 
\Is help buili i momentum to clean 
om up Grove Park Place 'Out of all 
; 10 the spots : md places in the 33rd 
District t his is the worst e>c- 
-^1 s.ir..'." sail I l.-in.-tl Slanl'--> Ih- 
: il local slate rupies^-nlal'.vt il 
.;e you're loo king for something. 
-le and partic ularly a dead body 
im you'll proba biy find it here 
•;od At 3 30 | > m . Lt Horace Wal- 

: an, ker drove i ip in an unmarked 
:oy- black car "Approximately 45 
•*ide minutes to ai i hour ago. we local 
ed some skt letal remains thai 
.-.ere wc feel very strongly are the re- 
fine mains of Julii ■ l-ovc."" he told the 
•:or- crowd 

"'■.ey The repo rters thrust their 

.oil microphones and notebooks 

-;; ■ toward Mr. K apian, who looked 

;id somber '"Th is identification 

.he sounds pretty c ertain to me and I 

• ihe guess after 13 months of agon\ 

.ord. over this, perh: ips this is the do 

:ow"n sure,"' he saic I. before getting 

■ >ou into his car 

The reporte rs turned toward 
•:iice the neighbors. I ml they were al- 
r let- ready leaving ' "Just like I told 

- de you," one stragi !ler said "Hap- 
■0 a pens all Ihe time 





■'iHl/?'*-''"' ■• 



-m 



--•q 



Atlanta police cadets line up Ti.'iii^ 
Place to begin searching for '.•' :••:> • 

Informant's Accc 



From Page A I 

minutes to an hour ago, we loci'.i-: 
some skeletal remains that te -- 
very slrooj^ly are the reiiiair.: :;' . . 
lie Love " 

Two hours later. Fulton Co.-" 
medical examiners working v ".; 
Ms Love's dental records confirre: 
the remains were hers. 

"We are thankful it has been -^ 
solves). " Ms Love's family said it i 
tearful statement from their horw 
in Birmingham. Ala. 

Police charged their inforrr.ar: ■ 
boyfriend. Emmanuel FiU.jer; : 
Hammond, 24. of Marietta, and « 
liam Maurice Porter, 20. of l - • 
City, with kidnapping and r,-:-- 
Mr Porter was arresMc , ■ 
Wednesday night outside his r,— - 
Hammond was already in the r . 
ton County Jail on the charges o' l:- 
saulting his girlfriend 

The woman also accused Hir- 
mond of abducting another »or.i.: 
in the spring of 1988. killing her iz-: 
dumping her body in the same arii. 
Police refused to discuss the CLi< 
Thursday, but they, planned to -^ 
turn to Grove Park Place toda> .: 
search for a second body 

The informant, whose name viLi 
not made public, has not bti: 
charged Police said Thursda> •_'.? 
do not anticipate more arrests - 
the case but refused to say whef-r- 
she has been guaranteed immur. •:- 
from prosecution in return for v 
cooperation 

Ms lyove vanished July 11 l?& 
Her fnends and family mounte: t 
massive publicity campaign to f :■: 
her. holding a rally in Piedm:" 
Park, posting hilltw>ar(j<i j^prt diw--- 
uling thousands of fliers that mi:-" 
Ihe 27 year-old preschool fitn*s- 
teacher Atlanta's most famous r.-j- 
ing person since Mary Shot»e;! '. 
tie disappeared from Lenox Sq-i-^ 
in 1965. 

liiM V ' -me^ 



to Th' 

^atht 
• :^an 
V- Port 
_-i bod 
•j-:i the 
ii.-i she 
•»»«liy. 

In h 
.iishe 
-li hoiT 
iii Ms 
■.r-s«ti; 
-ids ^ 
--vert: 
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For 121 Years the Soiilh'.i SlandarH ISetrspafx- 



FRIDAY. AUGUST 25. 1989 



SI'ORTS UNAI, 



p¥ Annhci'saiy, Dow: A Record High Two Years U 



montii of advance 


hil 2.7r-;. 


-• "-' i( becan to de 


)ow Jones avoraKc 


clme Or 


'• .- :S>S7 11 crashed 


al slocks boldiv 


508 pom;^ 


■ '^ i. Tsl dip in mar 


li lis record hiKli 


ket hislor 




ng a new peak of 


Anahs 


; -:uied the Dow's 




recent ns- 


. i :- Tiber of causes. 


ecord was set two 


includin: 


— i-=- trading, lower 


when the market 


bond and i 


Lr- -terest rales, bull- 



RISE EXPECTED TO CONTINUE E 1 



ish corporate profits and merger new high, however i! t^-^: x.uch 

mania more solidly on the rei 'i.ue of 

Investors and analysts say the stocks than was the sc.i- .i rirkel 



of the summer of 1987 

Some analysts see the Dow ris 
ing as high as 3,000 before a 
decline 

Harvard's John Kenneth Gal 
braitH. one of the few economic 
forecasters who actually predicted . 
a stock market crash in 1987, isn't 



looking for anoth 
nose dive now th: 
average is in I' 
again 

But he stoppc 
a forecast 'Any 
he said, "is alway 
immediately aHer 



In Sports 



'hat Now 
Pete Rose? 



Colombia Drug Lords Declare ^ 

Cartel F 
ToAutI 
WithB 



Informant's Tip Led Police to Julie Love 




) lawyers Reaven Kati Oefti u 
n Jr. durfiig frtta confereas. 

►all Resfcts 

tting Scanda] 

in from baseball grvon Psie n;:^ 
uarantees ot rBlnstalement, Crr-- 
lartlen GlamattI saW Thursda) ^ 

, banishment from baseball » 
a good ctiance at election tt f<» 



ast players to tie banned frorr 7- 
ball for gambling said Mr m=k 



ts debate wfiettier a belvrc-tic- 
od to the ban on Mr. Rose re 
tt Mr. Giamatti retained his ajco- 



inds to toae locraBve endorsBrnrr 



in conrxjiee a permanent penM» 
ling bodies of vartous sports otcr 
wtille assessing their most 03>- 




$inth tUinepp'tn^y Murder 



Officer PJ). Spivey allcws 1 patrol car Into the 
Grove Pailt Place area Tfaunday. 



B ViiilUm hmirioi F^-.^ Z C Unon Otf. HtIO In Sie A34.1U Pt»»>s1 
0«to4^on C*nie(. Facm 7>>^ir.4.'y havtng «t 8:30 «.m. today. 

■ EmmtnutI Fia9«rx>: -ammcnd. 24. ol Marietta. Hek) In the FuHon 
County JaU. No heaflrv; cac w. 




Jvlia L«T«'t 




jw 11, IMS: Police say they believe two men 
oj-ioac upon Julie Love after she ran out of 9aa on 
03i« =cad In a quiet norttnvest Allania nelghboftKxx) 
anf M;ar. loMng 

■ iu«. K M*»: Pollcs And the txxty dT Ma. I.OV* In 
I onan; grourxj oil Grove Park Place. ^ 



OCY JOfCS-HULFACHOn ( DUFFY OOLW^SbK 



Angry Girlfriend Said She Witnessed Rape, Murder 



By Adam Gelk 

SUgWrilrr 

Police found the skeletal remains of 
Julie Love in a heavily wooded dumping 
ground In northwest Atlanta Thursday. 
less than 15 hours after they charged an 
auto repairman and his cousin unlh kid- 
napping and killing her 

The case was broken not by the 
clamor generated by her family and 
friends when she disappeared 13 
months ago. but by the repairman's an- 



gry girlfiiend. 

She went to police July 28. after ii;r 
boyfriend allegedly beat her in a dones- 
tic squabble, and provided them i arc 
account of Ms Love's death The Coles 
Park woman said she was with tbf :»c 
suspects the night they found iIh r 
year-old Ms. Love trudging down i m-i 
street near Buckhead afler her ca- -a 
out of gas. 

In a six-page statement, she toic ir- 
lice of a four- or five-hour orxlea n 



which the diminutive Ms. Love was 
forced to withdraw money from an in- 
stant banking machine, taken to a re- 
mote area on Grove Park Place io north- 
west Atlanta, then raped and killed with 
a shotgun blast 

About 100 officers began searching 
for her body early Thursday. At 3J0 p.m 
.Atlanta police homicide U. Horace Wal- 
ker told reporters. 'Approximately <5 

INFORMANrS Conimued on At6 



BOGOTA, C 
country's cocaine 
back Thursday, 
war" against Coir 
underlining the 
with bombings ait 

President V 
launching of a car 
cations, arrests an' 
Friday provoked 1 
ers' communique, 
dawn to a radio n- 
Medellin, home oi 
gest cocaine carte 

About 111.- > 
ploded i'. ;.', 
CokAnbia's two 
ties, and heavil.. 
ed and set abU; 
owned by two prv 
area political figur 

The explosion 
ters of a Liberal 
portedly killed om 
walking past 

An unexplode<r 
at the Medellin 01 
dena Nacional. a: 
ploded pounds 0' , 
panied the con 
Radio Carbiols ■ ' 
Those arc stain 
two largest radio 1 

The essence 0: 
came in its three I 

"We declarej 
war against the gc 
dustrial and politi 
journalists who h 
insulted us. the 
sold themselves t' 
the magistrates u 
dite us. the unioi 
those who have 
tacked us 

"We shall not 
ilies of those who 
ed our families 

"We shall bur 
industries, proper 
of the oligarchy " 

The slatemen 
from "the Extradi 
priated Ones to t 
lombia" The Met 
used the name "II 

DirUCConl.r 



^ Defense Team Warns 
itors Against Hypocrisy 



INSIDE TODAY 



Two New Moons, 



f^^\ 



r::^ 



n 



Parents, Stud«) 

ASai 




c 



Q 




AdanU police ri-:-'o ilne up Thursday morninp 
Place lo begin sfi"-)ng for Ihe body of Julie U 



' Park afternoon, Fulton County mtdiral examinerb workinf; with M^ 
n Ihe Love's dental records connrmed the remains found were hers 



Informant's Account Had Details Never Made Public 



From i'l^ 

minutes to an ho.- 
some skeletal ren ; 
very strongly are •." - 
lie l-ove." 

Two hourf I. ■- 
111-^ * u-.(i '-\:;m. 
Ms l-ove > denial -■. 
the remains were " 

"We arc thant. . 
solved." Ms Love : 
tearful statement - 
in Birmingham. A i 

Police chargec 
boyfriend. Emm;- 
Hammond. 24. of V.i 
liam Maurice Por.; 
City, vkith kidnap: ■ 
Mr Porter wa; 
day night 
nd was a 
nty Jail or 



mond of abductir^ 
in the spring of It's- 
dumping her l>od> : 
Police refused to : 
Thursday, but the.' 
turn to Grove Pa-i 
search for a secon: 

The informant v 
not made public 
charged Police si'! 
do not anticipate - 
the case but refus-: 
she has been gui-: 
from prosecution - 
coup-ration 

Ms Love van;- ■ - 
Her friends and : ■ 
massive publicit.v :; 
h>r. holding a n 
Park, posting biUb;-; 
uting thousands o' 
Ihe 27 year-old f-^ 
teacher Atlanta's r. 
■ing person since Ki 
lie disappeared fr.r 
in 1965 

Just 12 days af.f 
ry of Ms Love's c ;• 
July 23. Hammor: 
reported to Full:- 
that he had beaie: 
face, choked her. :•: 
her head and th-f: 
Fulton police saic 
svfore out a warn: 
on aggravated as.'-; . 
told warrant ofTice" 
information aboul i 
nexldav ". 
WJ Em- . 
't the womi- 
lonishmenl. she tr-; 
aboul tiie death c' " 
count includc-d d-:^ 

public — such i: 




.^rc Ham- 
" f r woman 
i her and 
r rime area, 
ii the case 
^ed to re- 
f today to 

-e name was 
! not been 
-•sday they 
: irrests in 
«;• whether 
-: immunity 
.- for her 

- .• II. 1988 

-ounted a 

^ ill to find 

■ Piedmont 

-d rii';lrih- 



Answering que- 
o'n Thursds^ ' 

commaii'ii-r ' 

from the autorri' 
woman showed ■ 
Mr Porter I nee .-: 
the body was :. - 
took them to a c«v- 
said she pawnei - 
jewelry, police s^'i 

In her slater t 
said she and the 5_. 
ing home from a r. 
saw Ms Love -i r 
tersection of Dc-r- 
roads. Ms Lo-r ■ 
convertible f,.-: - 
Dover Road a- : . 
was either go;r£ 
house or a sen - 
away 

According 



J'. Ihe Julie Love case 

Li. Horace Walker. 

J -omicido task force; 



MARVIN MILl JRySta- 

Detedive CD. Porter; GBI Agent Moses Ector; 
and Vern':'n Keenan. the GBI's inspector of fiel'? 



:man 
r jnv- 
- they 
.•r in- 
Mill 



start of the search. arm by a convicted felon and for i 

Mr Hammond *.i= arres'.ed jng off the gun's serial numbe- 

Aug 2 on Ihe assault charge ai his prison records show, 
home and two days later, according -Silas Moore, a spokesman fo- 

to Assistant Fulton Police Chief the state Pardons and 'Parole; 

Louis Graham, Fulton detectives Board, said Hammond was given i 

turned their entire investigative supenised reprieve in January af 

folder over lo Atlanta police ter serving four months of two one 

GBI agents said they were not year sentences for each crime 
told of the woman's statement until Friends and family member; 

Aug 18 'We received the informa- said that the day before she wa.- 

tion for Ihe first time [UiSil Friday slain, Ms Ixive had returned from ; 

and we acted on it." GBI spokesinan weekend trip to Sandestin, Fla 

John Bankhead said with her parents and bovfrier: 

Atlanta police ofiina,; -^no Mark Kaplan, the coouner of G • 

would not be identified, insisted in's Homemade Ice Cream Thf. 

they did not hear about the worn- said her rocky, three-year relalior 



an's statement until last week. 



ship with the entrepreneur seeme: 



- '-hat made 
: :ol fitness 
'i~.ous miss- 
f->twell Lit- 
e-ox Square 

i inniversa- 
rirance, on 

• girlfriend 
--•y police 

■ about the 
-: i pistol at 
r-: her life. 
. . y 27. she 

• lis arrest 
:-arges and 
r -.id "some 
"er ■■ 

■ "ounty De- 
-rtis John- 

; .0 their as- 
;e hng them 

.: » The ac- 
"^■•er made 
-uhdrawal 



Hammond jump^: 
and forced Ms L.- 
the suspects apM- 
only to rob her in: 
instant banking - 
they made a * 
said 

But then ;: - 
dumping grojn; . 
Place, less ihi- 
where Ms Lo\r - . 
woman said a-: 
Ms Love on inr ;- 
car She did ny. >. 
mond sexual'^ i? - 

The voiT:tir M : 
killed their ; = : 
Walker would •.■ 
body had bee- :.- 
ers did not ta>! 
area 

Atlanta eri: 
blamed each o;> ■ 
delay between '..■•■% 
revealed the h.c -^ 



Mr. Porter, whn wa^ pulied--am — headed-toward^ m a m a ge , a nd h 
own exercise business, the Julif 
Love Creative MovemenI for Chi: 
dren, was steadily growing 

Detectives tracked down bun 
dreds of supposed sightings of Mi 
Love as far away as California an: 



■r car of his car and arrested at Georgia 

..-.ally. 138 and Gresham Street about 11 20 

Tided pm, was scheduled to appear at 

• '.0 an 930 this morning in Atlanta Mjnici- 

-lere pal Court Police and state correc- 

:::;ce tions officials said Mr. Pone 



parenlly does not have an adult (.^„^^.^_ ^^^^^ (^at mushroomed a 



ter national television broadcast 
featured her case 

Mr Kaplan set up a comman: 
post in his northwest Atlanta horn- 
to take tips and coordinate volur- 



criminal record 

Brian Porter. William? brr-lher, 
said, "William didn't hang Oi-t Aith 
Emmanuel No one ban^ out with 
Emmanuel He's bad news.' 

Hammonds mother claimed the . , , 

woman is ining lo frame her son teer work Local printers donate: 

for the murder "I didn't knou shed nearly 200.000 fliers that aske-: 

go thai lo*. said Dons Enin She "Have You Seen {"''e Love'" and i 

could have just broken up with him. reward fund reached S22.000 
but she must have wanted lo hurt The publicity brought the Lois 

him ' She said they had been dating ^gse to the front of police blotters 

aboul a year overshadowing the 100 other active 

No preliminary' hearine oale cases of missing persons 
has been set for Hammond »ho Staff writers Jeanne Cummingi 

was convicted of^dnapping and Duane Riner. Deborah Scroggin: 

armed robbery si\^ar5»ep and on jnd Ko{Xv Scruggs contributed :. 

Oct 3. 19B8. for possession of a fire- ihis article 





wmmm 



f/s '^^P Pf-?'^^^'^ SectF^fT I??^j ^J^'^fr^^te Oolfege Report Sundsi 




OV^TITUTION 



SATURDAY, AUGUST 26. 1989 



si'(ti(i>Kn\i. 



1 



Informant: Love Suspect Vowed to Kill to Avoid J 



t„() « . 



iiMM accused of killiiis: 
vcd hr'd ncvtT Iraxo j: 
ivo aftiT ho spcnl f<«ir if 
n'cauio » woman hr r- 
1 hnii Ins r\ firlfn.'nri ' ■ 

■ i\ page sljloiiu-ni lo p.ili 



DEKALB DA FOUGHT t arlY PAROLE n A10 



nice W.'Idoii said Kninianuol Ki:. 
Haniiuoiid ti.ld her of Ihe 19? 
"hen llii'> firsl met and said i 
iscd himself lliai n' he ever diti ., 
like llial again, he uas |<oing to ki 



.(1 he uoiild not go lo jail 



.." describes Haniniond as a heavi 
line user who stole lo siippurl hi; 



habil It says he becanii' ' r- 
madder" when lie couldn't 
from Ms l.oce aller they al. 
■d finally ■shot half of tier I- 
In an interview Friday in 
(' 'jiity Jail. !l.i!tiniond declr 
;venl on the ease He would 



hi 



Way Of Life Threatened In Keys 




■>kinny Jimmy' Boemker of Summerland Key, Fla.. fears the pdhi, 
took up lobslering to escape city crowds, but now he will leave so pi 



the 
Ml 



m 



By Tom Watson 

ii„riu I .«/-{, .„>(»„/„.. 

JMMERUND KEY. Fla - \.- 
the days first light glints m 
off the clear water, ■■Skinr> 
. nmy' Boemker steers his Slfovi 
.;«jtcr boat Heidi slowly down a mir, 
povelined canal 

Mr Boemker. 37. came here ;5 
' vears ago lo escape the fast life of ti^ 
niy Bui lately, an economic boon-, i- 
iTre Keys has begun lo disturb his tran- 
ojillily and make him wonder hf* 
:ng he will be able lo slay in bu-i 
-ess 

There are a lot of people around 
-?re who want to see us Tif herr-< - 



Tourism Squeeze 
Leaves Fishermen 
Gasping Like a 
Grouper in a Boat 




population of tourists and retirees 
•• for nshermen in the Keys. 



But as the Keys" economy has 
boomed over the past 10 years, tour- 
ism has staked a greater claim lo fish 
ing rights and waterfront real estate. 
forcing commercial fishermen out 

"Ten to 20 years ago, the entire 
Key West waterfront was used for 
commercial fishing and now there 
isn t a remnant left," said Jeff Fisher 
director of Monroe County's Toopera 
live Extension Service "It has all 
been displaced by the tourist indus 
ir\ " 

Tourism has brought with it a pro 
liferation of sport fishermen to com- 
pete with commercial fishcmicn for 
'Mf tji'-'s fisheries 



■i:i;-enls 

LOVE Conlinuea on A 1 : 

Colombia 
Drug Wa: 

Hardwar 

$65 Million in.-.: 
Includes Advi>T' 

By Julia Malon; 

y ^,„I.O;nl,U,l,.m \y,„l„;- 

KENNEBUNKPORT 
President Bush ordered S- 
in emergency aid Fric; 
form of helicopters, air; 
tack boats and advisers i< 
lombia fight the private . 
drug cartels 

Responding to a wave ■ 
and threats by narcotics i". ' 
Mr Bush authorized thf . 
consulting with Colomb , 
dent Virgilio Barco 

The fir^t shipment of ^ _" 
copters and small we;: 
scheduled to arrive in 
next week 

"There undoubtedl' 
some advisers that go > 
equipment, for traininf r 
related to the aircraft cnt- 
press secretary Marlin • 
said 

The Washington Pos. ■ 
the aid package will be a- 
Ihe unspent funds set asi: 
1986 Foreign Assistance ~.- 
allows the president to c -■ 
Defense Department to r 
lary equipment and seni^ 
lions in an emergency T' 
bia package will er 
emergency fund, Mr Fitiv. 

He .said the size of lb- 

„at (\o\fr-nimM hv (he ,- 



c 




ivh.Ti- llu- body «a.s round is "mp 
stri-fl simth of YaU- Mrmiv. «li.ir 
Ms Wildoil Im'd 

DoKiill' (•Miiil.v pol"'' •■•"<' ^" 
day Hammond is a suspirl in Hi'' 
Miiv 5. 1988 kuliiiipi'i'iK "' ■' «»'"»" 
oulsidc lii-r iipurliiuMil .'ii liork 



poliic I.I ltodm\ M:iildox -..iid 
womull. Mldirllc lon;i J.ick-vi. 
was coiivKled of kidriappinf 
liodilv injinv and aiiiicd robN-: 
\1av and is scivimk two lif. 



will oiiilinui' lo hapixn uillll IWO 
pic slaiid up and di'inaiid Ihal these 
pooplc sla\ in jail " 

Sliifl iin((T> Oounlns A ttlack 
moil. Adam Cclb and Kalic Long 
rnnlribulvd lo (/lis nrliclc 



Love lui'oriuaul IVik a 'iaie ol'Terroi' 



I'nnn Vtiiic M 




"My molhor is my lifo. ho said He pufti'd slowly on 
niu- ci(!»rclU' aftn anolhcr. Ins foiohoad reslniK in liis 
palm, and nioanrd in disbolii^f "hen lold of Ms Wol 
don's account 

Hammond a 24 vcar old Manella aulo repairman, 
and his cousin. William Maurice Porter. 20. ol I'nion 
City w-ie arreslfd lale Wednesdav and early Tliursda\ 
and charsed with kidiuppinf and iiuirderine the petiti'. 
27 icai old exercise teacher 

Shortly ader his jrresl police said, they took Mr 
I'orloi tof.rove Park Place in northwest Atlanta, the 
heasily wooded illegal dumping ground where Ms Wei- 
don had lold tlioiii Ms l.o\es l)od\ was hidden They 
said Mr Porter ciinsiderabl> narrowed Ihe search area 
where lliiy found her skeletal remains Thursday Hut 
iinestisalors declined lo sa> whether either suspect 
has confessed 

Mr Porter appeared in court for a pteliminar> 
liearing Kriday. bill it was n-.schodiiled for Sept IS to 
allow him time to meet «iih a public dclondei. No 
hcarins has been set for Hammond, who was in jail 
charted with ass;>ijlling tiis o\ Cirlfricnd when he was 
ol'.tu'cii with Ms ! vr.e's n.;i'-.!er 

*;BI asenls ami nielio .trc, pM>- iiained Hammond 
as the prime susf/ecl in a CellejCe VixV. robbcry-slayiiit; 
Ihal look place six weeks aflor M.» Love vanislicd July 
11. 1988 DeKalb police said llie> evpcci lo chaise him 
Willi abduclint: a uoiiian Ir.mi her aparlmenl olV North 
Rock Springs Itoad in Mai 1938 raping her, slashing 
her Ihroat and leaving hor for dead in the same dump 
ing ground oil Grove Park Place The victim crawled 
out of Ihc woods and sunned 

The woman who broke the widely publicized I.ove 
case lold police she turned Hammond in 'because I 
was afraid thai Ihe .samp thing wa» piling lo happen to 
me' The 33 year old former sliipjoinl employee, who 
has not been charged in the case gave her firsthand ac- 
count of Ms. Love's abduction and rape lo Kulton Coun 
t> piihce July 28. :t day afl.T ?he \ )r\ oul an arrest war- 
r.iin aj.ons! lum t ■!■ ■.<',)■. ^< :. :\ i.-.w.c. and lliie.iiening 
her earlier that week 

Despite hundreds of hours of investigation, detec- 
tives said they had gotten no further than 9:30 on the 
nighl of Ms Love's disappearance, when she left a ca- 
reer counseling session on Lenox Road 

Atlanta police and GBl ofTicers say they have evi- 
dence lo corroborale Ms Weldon's stalemenl. but 
wou!i nol discuss il 

In the slalcmenL Ms Wcldon said she. Hammond 
and .Mr Porter were drning home from a movie in 
Hammond's maroon Oldsmcbile Cutlass Supreme when 
they saw Ms Love walking awa> from her car. which 
had run out of gas on Do.er Road, a quiet residential 
street near Buckhead 

Maurice asked this .r.^ie .vcunin if she needed a 
nde and she said no and poinico lo a house and said 
that she lived there." she lold investigators. She said 
Ms Love began walking up the driveway, but Hammond 
saw her turn back down as they were pulling away 
They turned around and again asked her if she needed 
a ride She declined 

"By then. Emmanuel jumped out of the ear and 
grabbed her and she was ining lo pull away and was 
screaming Then he hit her |»ilh a saw c?doff shotgun) 
and threw her ii. the car. according lo the statement 

With Mr Porter behind the wheel. Hammond held 
Ms Loves head lo Ihc floor and asked her questions 
about money " Ms Weldon reported Ms Love said she 
had spent it all al the movies 

As the car traveled south on Howell Mill Road, a 
police cruiser pulled behiiid them Hammond "told 
Maurice to put hts arm arctnid her so the cop (would) 
think we were all together and 1 guess that we were 
driving too slow so the cop jusl went on around us." she 
said 

A few minutes later l.hev arrived at Hammond's 
grandparents' house on Ireland Street Northwest Hanu- 
mond and Mr Porter walked Ms Love behind a nearby 
school — Grove Park Elementary, detectives said — 
where they took her bank cards Ms Weldon said she 
an^ Mr Porter we»! to two automatic tellers but re 
\ 




WiHiiiMi 
for a preli 
SepLlSso 



ii-an hearing; il was rescheduled for 
laii meet with a public defender. 



The woma'- .vho broke the widely publi- 
cized Lc V e :3se told police she turned Ham- 
mond in cerause I was afraid that the 
same thmc ^as going to happen to me.' 



turned vntr 
codes 

II., : 
said thai - 
number t. 
rice were i-' 
ma'miel sai: 
accordinE r • 

Mr pVr.:- 
a "corner ;• 
this angerec " 
home in Cc' - 
and lold he- 
lo Ms Live - 
next morr- i 

Ms W-; : 
giving thi- ■ 
her hou--; 
moiicv fr:r ■ 

She 5i.: 
condom in I-- : 
turned aw a;. 
trance He 
dcr and rr.a:: 
her 

■He <Si: 
were chc'kr.: 
gling too ■':. 
manuel bi.- 
this she p^i • 

Two ci>. 
pair of dii- 
she had ic.i- 
the carrinj- - 
I Hammo-i: 
in a paper : ; 
Ms. Weldor. - 

Ms \W : 
Friday l.-'r • 
the sum-r- 
St NW A- 

St3fT«- 
dia .Ur/.i: ■• 
this artic'< 



■•■ money because they had the Wrong 

.■,1 ':itM< r.veui;'; l;i- l)5;;.j ;,.; 
;< neivous and that she gave him the old 
-lake. Ms. Weldon said. "Him and Mau- 
■g each other what to do now and Em- 
it there was only one thing left to do. " 

■ Weldon 

nen grabbed Ms Love's hand, led her lo 
: raped her. Ms Weldon said She said 
• r and she demanded lo be taken IMier 
■;e Park. She said they dropped her off 
-.ot lo worry" about what would happen 
iiiiiiond returned lo her house early the 
:.-.e said 

■ -aid Hammond told her Ms Love "kept 

- runaround about how she had money in 
: fhe could call her boyfriend and gel 

ey drove Ms Love lo the Cross Creek 
jir Bohlcr Road where she lived, but 
-.en they saw a security guard at the en- 
-ammond) said he was jusl getting mad- 
:r Then he said he look her and killed 

;•, first they IHammond and Mr Porter] 
-.or vvilh something and she was slrug- 

■ or something so Itiey got mad and Em- 
: her head off land) that when he cid 

r- hands in front of her face " j 

_!er she said. Hammond brought her a I 
■: earrings to pawn She did and lold him 

fHO for them She said he then lold her i 

^re Ms, Love's, j 

-lulTed Ms Love's purse and other items j 

i and threw it in a dumpster in front of | 
•■)me. she told detectives 

" whom police moved from her home ' 

' protection, said she met Hammond in I 

;98T at the ViS Lounge al 806 Marietta 

- she worked 

-F Douglas A Blackmon. Katie Long. San 
jnd Deborah Scroggins contributed to 



It's wh 
all alo 



t:r 



t3 



Savin 

• Discoiilinuf 

• Display and 
Floor Samp 

• F'a(4ory Sc 

• Convenient 

• All Sold As 

• All Sales Fii 

• Small Cliarp 



'"■ 


h 




1 

1 

X 

it 


n. 


I'V 


' LoMlIC 

i(«»ii;i 
1 ;»5 



.rMpiiPPti 




c 



G 



o 



ilhr Altanta Jinimal 4Vi 



SAT., AUGUST 26. 1989 . 



Suspect ill Lov- Slaying, Otiier Crimes 
Freed Despite Prosecutors' Warning 



B) Sandra Mcintosh 
AndDfrrickHinmon 

MW/ "..'.- 

r.nmanucl Fitzgerald 11am 
•vfTii one of tlie two men accused 

nurdcring Julio I.ove and a 
-3rire suspect" in a College Park 
t:.-:er and a brutal rape and ai 
e-Tji.-d murder in DeKalb Counlv 
'.;■ sentenced to eight years ir 
—.-:'-. on kidnapping and agp-avai 
-: iiiault charges in 1SW3 He ^vi,^ 

■i<ed four years later over 
■ - -e.-jlors" objections 

""day. police in College Pii- 

• ''d HHiiiiiiond as the pnr,.. 
•. If. the killing of Gwer.dal. 
•..rr:-;.ur Villa Rica 

■-iistant Police Chief Jack Ben 

- ' *aid Mr Turner's body wa; 
vx by a man collecting cans or 
■;.-:iorpo Avenue in College Park 

- -.:£ 21. 1988 He had been sho: 
.3-^ n the head, and police said he 
vix ipparently been robbed and 
c:Iirt at another location and his 
■xc dumped in College Park, po- 

k- aid 

Xeclivcs said they connected 
-.inmond tp the Turner case 
---niih an informant — apparently 
:•,-•: Weldon. llanmiond's ex-gi-'. 

- -,:. whuse sU'ioi.n .-,1 l-i i^^yn^- 
_-...: the Love killing nientione: 
■"•; nher crimes She said Ham- 
Tiro: and a companion shot a mar 

z Hammond's car. which wa.' 
an?d outside her College Park 
tacit 

Is Weldon said the gunmec 
traip«d the victim's body about 
VD- blocks away, then drove in his 
IT o Cobb County. She said "Ihej 
a« Emmanuel's car the next daj 
I 1 wash house trying to get Uk 
^■•'X out of it" Oglethorpe Avenue 
'"-" the body was found, is or>e 
"— south of Yale Avenue, where 
• ieldon lived 

>Kalb County police said Fn 
^: Hammond is a suspect in tbe 
Iff 5. 1988. kidnapping of a womar 
>u3ide her apartment on Rocfc 





Ixrxjiuel F. Hammond was 
trx^^cti to eight years before 
■TMP! ht tris freed after four. 



-ip Circle, off North Rock 
^!p Road The woman was 
— ; raped and ropealodly 



chf 



l-.rl. 



- zr.ii ilil and being h-ii lor 
: :^ r jie same wooded dumping 
r— -ja: viere Ms Love's body was 
_rn^ Jot she managed to stagger 
; a- -acway and get help 

-a account given by Hammond's 
?-5-fr-e«i closely matches what 
bssE^ipd to that victim, police 
on. srtpt Hammond told his girl- 
T ^ r a Ik irt>man was dead 

^eSalb County man and a Dc- 
:j—- rtman were charged with the 
r~-— 5H the man was released 
~y rvi. te<ls revealed he could 
;■ '. :•H^r. the a^ailanl. DcKalb 
^ - ^ r.odncy Maddov said The 
t:^:^- Michelle lona Jackson. 22. 
■=i rxvvcled of kidnapping with 
BC" ttjury and armed robbery in 
Wj ax IS serving two life sen- 



tCBCrs. DeKalb District Attorney 
Hobert E Wilson said He said the 
victim Mill bo brought in for a line- 
up to s<*e if she can identify Ham- 
mond as her attacker 

Mr Wilson called a news con- 
frrrm-r Friday to say that if Ham- 
mond IS guilty of any of these 
criaae^. suffer sentencing laws 
could ha\c prevented them 

On Doc 17. 1982. Hammond. 
u-ho »3S 17 at the time, abducted an 
As4dn woman on BnarcUn' Road as 
shf U-n her car Forcing her back 
into the car at knifepoint, he made 
her «Sri\e :iround for several hours 
:!ncf h\ Kio tiiiu- she was dumped 
i.-_" ii! if.f intersection of Morelarid 
.Arcaur and Memorial Drive the 
woman was cut. bniised and terri- 
fied. Mr Wilson said 

On .Aug 8. 1983. Hammond 
pleaded guilty to kidnapping and 
arrsied robbery and was sentenced 
to 10 years with a requirement that 
cighl be scned before parole But 
he was released in 1987 despite a 
nmmini! from Mr Wilson s ofTicc to 
the parole board that Hammond's 
l>ackgrouiid "demonstrates an as- 
saultive nature indicating that he 
presrr's a danger to the communi- 

j. V. •' \::-xi hid hen slric'-.T 
and our warning had been; heeded 
he probably wouldn't have been in 
this position today and [Julie 
Lore's] life could have been 
spared." Mr. Wilson said "An eight- 
jrear sentence is rather harsh for 
soBieonc so young, but we saw 
something dangerous in his Jiack- 
groDDd and the judge saw some- 
tiling, too. Something should have 
been done to ensure he served the 
&iH term " 

Kt. Wilson said similar things 
wiJI continue to happen until "peo- 
p-te stDid up and demand that these 
ft-ople sin) in jail." 

SufT writen Douglas A Black- 
atom. Adam Gelb and Katie Long 
eoBtributed to this article. 



Love Informant Tells a Tale of Terror 



From Pugc Al 

■yy mother is my life." he said B- 
»? -•igsrette after another, his forert*-* 
JKHL and moaned in disbelief wher n 
«f 1 account 

Hammond, a 24-year-old Mariets s 
■t bis cousin, William Maurice Ptt-jr 
ri;i. w»io arrested late Wednesday tm. 
at Hurged with kidnapping and 
r^^*ar-old exercise teacher 

Shortly after his arrest, police sa. 
■■■ei to Grove Park Place in noi iii » . 
»e»"ily wooded illegal dumping gnKm: 
a* ud told them Ms. Love's body le 
aa Mr Porter considerably narrower i 
r«re ihi-y foj.-.d her skeletal rcr^iir " 
^Ksugators declined to say whetby - 
«5 confessed. 

Vr Porter appeared In court Sr . 
" • ,-. I :; i. u : r"t\'.-i-^ - 






Bucllic«c • 3» ?raiAim Rd. N.E. (Comer Pe«chlrte« 

Norcross • Pe»ctilre« Comers • 5270 ^r»ch 
Mviella • 4800 Olde Towne I 



— — Carriai 

FINE FURh4rnj 

Atlanta 

Its what you w 



.... JllGliCl 



IK I'i Lo\c » r.;a«ii;r. 



c 



e 



Manta 3frttrnal 

'MNTA CONSTITUTION 



V^jdfflW 



Moming 
STREET 

Edition 



SUNDAY. AUGUST ?7. 1989 



$1.25 



1 Takes Off for Far Reaches of Galaxy 



- 



inlo Ihe next ccniur)' 

The poslencounter phase of VoyaRer's 
Le-green rendezvous w'i(h Neptune will last uiilil Oct 
iii The 2, but by then many of the 600 scientists, en 
i^oe But gineers and technicians — some of them 
t Voyag- members of Ihe team for a decade or more 

- mil drid off to take other jobs Some will 
~.- — in- reiire 

4 j plan A few die hards, however, will remain 

s;;veries at ihe Jet Propulsion l^boralor) (JI'L) to 
■ -•i well brim rigging Voyager's systems for the jour- 



ney to Ihe stars 

"The first thing ue ha\e lo do is take 
advantage of the \'o>aeer people before 
they dri(\ away and their expertise is lost 
forever." says Frank A Carr. NAS.A's deputy 
director of solar system eiploralion 

Over Ihe next year NAS.A will spend 
$13 million lo start up ihe Vo>a.Eer Inter 
stellar Mission, a Ion bjdfel siar trek that 
makes Voyager's "grand lour' cf Ihe outer 
solar system look like s inp around the 



block 

Now that its planetary er>cuunters are 
behind it. Voyager's soOware » ill be altered 
to handle reduced rates of transmission 
NASA ground systems will be consolidated 

"We want lo go a very lon^ way for a 
very long time, so we need to do it as effi 
cienlly as possible. " he says 

To dale. NASA has spent S365 million 

VOVACCR Conlinuea o A13 



keeping 
)en for 
Kids 



Wtiif 



lime home lo 

'--? 8-)'earold 
: -. x^r watchi-i 
^ A for the i^-; 
• •■rr.ework. she 
c :-Kide lo wan 



e: Eec-: Atlanta chil- 

&ren unable to 

il or? fDf them. Tasha 

jen: mt ansupemsed 

aia as bHmoI year 

r\ ::fTerent Like a 

u Ee'.r; .Mlanta, Ts 

ileresury School in 

■_v ?-x!era of latch- 

": ^-y. -<-.-*ive qualit) 
"e classrocT 
.Ehoul me'.nj 
rend toward 
d n.- •r.iin their own 
utrj :cef at least some 

.AtjBiu pcpils — gener- 
- tf 3osr 10 whom It u 
vx> ifjfr the final bell 
star? :aber an adults 
a. aa prtigrams has 
t»T c ii.-e< years 

merest in the 
ci>n Sirs 3 p m ." said 
lirvrvr of elementar) 
•T>?^ tbe school board 
u axrse after-school 
\i ynr cp from 14 last 

'JTs il into the cat- 
aos* nth no adult 
te icaool lets out - 
«a ?i.'wits and child 
of safe and con- 
damoring for 
to be part 



^O-Bi 



'>A12 



\ iJUlt U.k3e 




WILLIAMSPORT. Pa. — Chris team wins Uok Utgae ckamplon- 
Drnry rejoices as his Connecticut ship over Taiwia. Article, Page C2. 



~^ I ^W^^i-W^ ! ^i^s~T 



Love Suspect 
Had Violated 
His Probation 

Officials: He Belonged 
In Jail Night of Killing 

ByAdamCelb 

Sl<i^ Whirr 

The accused killer of Julie Love 

was arrest. -d on u.^ir-:.'? charges 
while on probation fi.^ .~onths be- 
fore the Atlanta woman s disappear- 
ance, and he should have been back 
In prison the night she was killed, 
state corrections officials said Sat- 
urday. 

Emmanuel Fitzgerald Ham- 
mond was stopped in Hapeville 
Feb. 26, 1988. for driving 95 mph in 
a 55 mph 2one. Arresting officers 
found a .25-caliber pistol with a 
filed-off serial number in the car, 
state officials said Hammond was 
charged with possession of a fire- 
arm by a convicted fe':- and crimi- 
nal use of an article w:l". an altered 
identification mark, t>M felonies 

At that time, Hammond. 24, was 
on probation for a 19E3 conviction 
for armed robbery and kidnapping 
with iKKlily injury. But his proba- 
tion — which stipulates that he not 
violate any laws — was not revoked, 
corrections records sho* 

In June, records show he was 
working at an auto body repair and 
detailing shop in Atlanta, and on 
July 11, 1988, according to police, he 
stumbled upon Ms Lc*^ after her 
car ran out of gas. abducted her and 
killed her with a shot^a 

Ms. Love's decomposed body 
was found Thursday, apparently 
buried among trash in a dumping 
ground off Grove Park Place in 
northwest Atlanta 

"That one just fell through the 
cracks," said John Siler. a spokea- 
ritan for the state Department of 

CORRECTIONS Conun^a on AIS 



Story of PTL 



■'^^^^m^- 



e 





— — a. ^:3'Ts— =3 = 3 



S 3 2 X 






i 






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f ^ 3= -' s S o- ; 



.^=25-: 






;t) T Q.5; -r>3 






-< 3 5-2 3 ■ 



I 3 ^-3 



-t J --•■-- i 
3 3 = ii: 



.- ' i. " 5- : 






i;=>''-nC1.3-''3i^? 



.3^ ^3?™^?^ 



-=!°^ Scr3 3-3 



?3 _3.^ 3 3 



- CO -H ^ =1-0 









5 s si-i;; 2^; 



c 




hi like an explosi. 
Lloyd. descnbiiiL 
IS Mr Lloyd was ap: 
Ihe few rvsidenis Ic 
e of iho wild car'socc.:;-a 
'e ^a\i it slop up ontht .•t 

■RIVER Conlinued on C3 



JOHN SPlNfv^tan 

Ron Lockwood walks his dcs fu^t a vehicle thai showed that the driver aimed directly and re- 
was pushed up an embankment. Skid marks peatedly for the parked cars. 



J 



Love Family ^at Peace' 

As Julie Is Laid to Rest 




JOtY IVANSCOS:^ 

I (..►, puis too muck i< a be i^n i>:. I;.. .ii, tie Ijn ir.-aas 
» ess is booming for rwnpanies such as Watkins Sei>ic«. 



By Adam Gelb 

The remains of Julie Love, who 
made a living teaching exercise 
classes for preschoolers, were bur- 
ied in her hometown Sunday. 13 
monlhs after she vanished from a 
northwest Atlanta street and four 
da)s ader the arrest of her two al- 
leged killers. 

We feel at peace." Ms Love's 
if pTioiher, lx)retla Ixive. said after 
ihe funeral from her home in Moun- 
lam Brook, an exclusive section of 
Birmingham. Ala "We know that 
Julie's at peace" 

A graveside ceremony was held 
al 3 p m at Elmwood Cemetery' in 
Birmingham Relatives requested 
that reporters not attend 

As more than 200 relatives and 
friends grieved, criminal justice 
system officials in Atlanta said they 
»ere trying to delermine why the 




Marietta man accused of shooting 
Ms Loie was not returned to prison 
for a probation violation five 
r.onlh; before her disappearance 
in Jul) 1988. 

Emmanuel Fitzgerald Ham- 
mond also would have been in pris 
on at the time of an attempted 
knife slaying in May of thai year 
and another murder in August that 
police say he committed 

Hammond's family also was 
grieving this weekend. "If the sto- 
ry's true. I hate that it happened." 

LOVE Continued on C3 



Fulton County Forced to Delay 
Opening 2 More Elementaries 



By Frances SchwartikopfT 

In a last-minute decision, the 
Fulton County school system post- 
poned opening two elementary 
schools Sunday evening, bringing to 
^len Ih- rurnt" ' , ' FlIi n r.j-j-ty 
ichools that will not open until 
Thursdav because of construction 



Fulton ofTicials had announced 
last week that five elementary 
schools — Alpharclta. College Park, 
Mount Olive. North Roswcll and 
Evoline C West — would not open 
until Thursday. Construction delays 
also *cre citci in Ihnsr ins'-iices 

The work is among 3 projects 
ihal Ihe scliool system is urdcrtak- 

■ , ■ ■■• t ""^ I-'' '■ con- 

pro- 

. rk at 




c 




.jiion wagon thai »as 
I. \jp truck Sunday morn- 

: j.h said 

"r nnfp MiiMaiij; «;is tiuicid 

• r-ilborhood by polic**. who 

■«ner to a lliphland An" 

.— -—-s bill fiiiind 110 Olio al 



■ni;. P*licr don't know who was driving thr 
raru«nf-<i through the nriRliborhood. 



Iit<ni< .S.-t (.iinill.u h N.iid 

tl »;i> lii/iirrc liil just M 
jmuj-«-d llu'sf kids HiTi-iit killed. 
Mr I^knd said 

Ranrly niockmi; Ihf nielli s dc 



ihoii 



IMiisvd lr>. 
hiiiMs ("bur 
iiioro trad. 
Ilian 111 llir : 



MuslanK that 



-,io HndKcs 
-j.'Ming al 904 
,; \\e\v liad 
- ilrepl today 
e bpcn horr " 




Love FLiiily 

'AtPt./as 
Julie L ried 



j^?^:Ji'-T:ji^7^ . 






JO[Y IVANSCO/Sw** 

■ir ^ ^inls line tanks aHer UM«^a-thing them from a srr- 
U-H-tm ^so- vice station on Roswrll Road. 

an't Be Sold Unless 



»n 



IsCle 



(XL: 



Up 




-^ a sky- 



r.^ir— ' nvolv- 
■ TfT- Mlanta 
! on 'rfecl in 

urt - :aid for 

i:t ire \i not 
ajj^» -^niedy 
I^^Kv leaks 

iBcaiait^ niliions 
n;-:?c io small- 
TKTz -'.tK into 



'Recently we had a man who wanted to 
sell, so he had his site cleaned for 
$100,000. But the purchaser said he 
would buy it on the taasis of doing his own 
study. More conJamination was found. 
Now the [seller] is lacing bankruptcy on 
property that woukj be very valuable if it 
were clean.' 

— Jack Houston 
Georgia AsaoctoOon of Pelroleum Retailers 

such as last week's removal of four tanks at the En 
tcrprise Leasing olTice on Roswell Road, caused him 
to add 24 employees to the six he had a couple years 
ago 

One of Georgia's mast severe petroleum leaks is 
still in the cleanup stage. Mr Gottshalk said At 
Hartsfield Inlernational Airport, al least 14.(XK) gal- 
lons of jel fuel leaked from a pipe this year The 
cleanup, which started i»i Hay. has recovered about 
3.(X)0 gallons "The city of Atlanta is taking responsi- 
bility for corrcc'ive rrt-r.r hut we still don't know 
the pxic.ii ■ ;, '. :.. 

(Istablishiii,: re&ponki0.iity for the cleanup can 
l)c time-consuming. And «IUiough Georgia recently 
cstablishe<< -^ p- -e'-m r-.r. rali'if ■> c tim- . -vn- 



MM,- on with 

jiid friends 

10 learn her 

■,. -dp'ds of hours 

' xdi state and 

- .uthonljes could 

--.iins on Thurs- 
• in illegal dump^ 
. -nje miles from 
•r^ "rr car ran out 

- - -^ Irichlen.ii 
: '> drew na- 
: .Druinpled a 

- 'is broken by 

- rnd. who gave 

- £;> enplicit ac- 

- •.! Loie alleged 
->?d and killed 

: i-'d his cousin. 

-rer. 20. of Un- 

L—r-i Hilh murder 

- nformanl has 
-;-.Tiond faces a 

— < to see if a 
:ljbbed and 

- :j-ne dumping 
^' ; jble to tden 

rry cheerleader 
C Tnastics star. 
.■'cr she graduat- 
-"^iiy of Texas 
r^ ;:cal education. 
-r *as slain and. 
--; »as soon to be 
:^jme boyfriend. 
J? Ice Cream co- 
1.-. Her preschool 
: ne Julie l.ove 
-^' for Children. 

--. sad very up- 
1 vfio attended a 

- -.ome "Hardly 
■■ -^ch a tragedy. 



Off-Dut' ffM^r Shoots 
Suspect II jr Break-In 

An olT-o. --^■:ia police olTi- 
cer who «a -:£ hi.s dn? parly 

Sunday ii.o- . iji oar of two 
men he spoii- -.ns to break into, 
ears along ;■: - r'.«nue in north- 



him with Itirii- counts ol aRgra 
vatcd child ino/c-station and one 
count of am^ravatrd assault l)c 
tfctive ( Iiri%t4«|«hrr said Mr Gor 
don IS from f'antoii. but has no 
periiianeiit address He is being 
held in the Cobb Tount.s Jail 
Without iMind 

S;m-lr.->MMi.r,l, 



obituaries 



Mr. «»!la.i-K l»M.A-. 
IVIta Sil|M'r\ir<ir 

Mr Wallace K Doolov of Fay 
rttcvilli'. a matnlt-nanci' supenisor 
with Delta Air l.im-s. died Saturday 
night of a l>raiii tumor al ria>1oii 
General liospilai He was 52 

The l\incral will be at 11 am 
Tuesday at Carl J Mowell and Son 
Funeral Home in Fayclleville with 
burial al Westminster Gardens in 
Peachtree City 

Mr Doolcj was l>om in Oconee 
County on Dec 19. 1936. the son of 
VW Dwiev arc' 1.1/710 Ruth Doo 
ley 

He had worked for DolU for 29 
years Mr l);«»lf-\ was a member of 
Kavs tinilcd «-lhi>disl Church in 
Kastville. M;is.'-;.i;- l.odi:- Nd 711 
and Anienc-.*" ' ^lon i'.ist ;-J 



Sur 



C^'-ol 



Kults Dooloy. ^ •,,>ii. Sc.>tl E !V>oley 
of Fayettcv»ii«r: two daughters. 
Shawn Doolcy and Stephanie Doo- 
ley. both of Faroiieville; his mother. 
l.wzie Ruth i)»>olcy of Bogart: a 
brother. Larry Dooloy of Bogart: 
two sisters. Pcj.^ Broach of Dora 
ville and Nancv Henderson of Law 
rcnccville. and one grandchild 

Mr. Jimnn .4. B«>nd 
Retired Park SugM-rinlrndenl 

ELBKRTOV Ga - Mr. Jimmy 
A Bond of K"' rton. a retired su- 
penin. iiit.-ri; : -r ii;e G-.^rjia Parks 
and Recn'ation Deparlmcnl. died of 
a heart attack Saturday at Elbert 
Memorial Hospital here He was 56 

The funeral will be at 2 pm 
Tuesday at Brrry Funeral Home 
here with burial at Forest Hills Me- 
morial Park 

Surviving are his wife. Joyce 
Daniel Bond or Elberton; two 
daughters. Mcrrj- Talum of ^.cme, 
Ga . and Camilla Warren of n^.;? 
tiir. and 3 i/.-c*hcr. Victor H ^- ~ 
of Dii'ki'isiin. Ti-Kas 



Jlr. t. <;ienn Mvj>:>«> 
Retired Telefiipr Tt-chnician 

Mr E Glenn Hughes of Nor- 
cross, a retired Teletype technician 
for Southern Bell, died of respira- 
tory failure Saturday al Fountain- 
view Nursing Home He was 89 

The ftineral will be today at 11 
am at AS. Turner & Sons funeral 
home with Inirjal at Cumming City 
Cemetery in Cumming 

Surviving are his wife. Annie 
Harrison Hughes of Norcross; two 
daughters. Ha^nell Manning of' 
Burlington. N.C . and Louneil Nease 
of Atlanta; a brother. Robert 
Hughes of Ctiicvpec. seven grand- 
children: and eight great- 
grandchildren 

Mr. Mr4]k>IUad Cannon 
Retired Co iimw ar ial Arti<4 



Mr McClelland Cannon of Deca- 
tur, a retired commercial artist, 
died of pneumonia Fnday at De- 
Ku!'. M. .: ...' (■ -.a.- H.--i < 7? 

The funeral -wili be today at 10 
a.m. at the Cluancii of Jesus Christ of 
l_-.tlfr.d .V Sji-Tf.- or P.^rrr- (•'• I I'ln 






o 



„( Ihc o,..niiiK or ll~- IIHS 95111 sei. 
on ThouKh the mrtlia don t vole on 
ic 1996 host lily. th<- prcsdllnlioiis 



Is own. • Ma.vor Youn 
OLYMPIC C.O"l"->^; 



".(fii^.' 



Year's Sentence 
Has Swindall 
Blaming Others 



s^J 



B> Gill Epilrin 

Pal SwirCjll si'iilenccd Monday 
10 u year ir vderal prison, coiilin 
lied io blaiT* other people for Ins 
predicamen: ii ir.ueh Ihe same way 
he did whfr he »3S conyicled of 
nine perju" .-.^urls 

The f. •■ sr Hh Dislriel con 
gressman i-; his brother. Kevin 
Swindall. -.-:? exotional pleas for 
leniency t: J rislrielJudKe Uich 
ard C. Knrr-;-. Bui I'at Swiiidalls 



ari:iini*=nl 



during ITi 
When 



icliialed with ; 

; rn'hsnces after he 

- n.M te te.slilv al 

:-er and aeeiised 

I^leading the judge 




ANDY SHARP/SlaH 

whom he has 

[lispule. 



II suRgesled Judge 
Freeman c-: -a haie enough infor 
mation to ^f ■•ence him Monday, the 
judge anc-. ■ prvvlaimed. "Lei me 
tell \ou spT-^'.hmj I'm not on trial 
here, and 1 don I want you to put 
me on Irial ' 

When Sundall continued, say- 
ing. "Us ir> desire in all humility 
.. ." Ihe j-Cie intemipled. "You 
don't knou -jie rreaning of humility. 
I'm afriic V- Smndall I thought 
M"j ^-t-: :•: : "- -.; ;o '•>aT. il. bvl 
i ni at'raic ■ : . t -.01 ' 

Despjic ;■;.-« senliments. Judge 
Kreeman'; '.Ir.onth sentence rep 
resented i .'Clon for Swindall be 
cause prc»>e---tors and probation of- 
ficials h;C recommended a 37- 
month pn.'-zn term US Attorney 
Robert L Eirr Jr said he was dis- 
appointed »nh the sentence but de- 
clined to siy whether his ofrtce will 
appeal 

Nevenrcless. Mr Barr said. 
"The me=!i£r is Ihal this man vio- 

SWIHOALt. rr-^l.nuea on A4 



ire Financial Wliiz 





fS. Attorney General Dirk Thomburgh (left) 
tiopes Colombia soon will extradite Fduardo 
Martinez Romero (right), indicted in Atlanta in a 
drug money laundering operMioa. 

P.'?^1.7"'o *'".'' 1'°'^'^ k";usu-r Julio Undone 
kl^^ -?°*°» '°' *"" "^ "•Portfdiy crnl*red 
.on Mr. Martinez Romero t exsradiUon 
Wo .-tn^ii,of th^ E.- -: - ->.~ ■ 



Bank Cards 
Might Have 
Broken Case 



Transacti .'- -: 
OnNighl '.S _; 



rorcJed 
e Died 



7 •' ".ferprinls on 
' : '.-i to a swin 
:: • ?jblicizcd 
: : ;-.d inromia- 
-:= could have 
:.-i>iing false 



Two Allaiiii riT.t.; 'iiled to tell 
police thai Ihr • -jtI banking 
machines sei;ec .- •; '-oves cards 
Ihe night she «;• iiducted and 
killed, olTieers sjc V.:nday. and a 
camera at one o' w njchines that 
could have Ui^- : -jresofthe 
suspects was oui .' ' it 

Hiclures an: ; 
Ihe cards niic-; ■ 

.M.iMtioii ..1 r-; - 

l.ovc rase. pi>l>;-: 
lion about the : 
kept them fr-:- 
trails 

Meanwhile >-=.- -rrTeclions of- 
ficials said Morc^i 'at one of the 
suspecls. whose Dr.-Gioon was not 
revoked despitt '( ■:i\ weapons 
charges against t a "?!« months be- 
fore the Ixive fci' ini »ent free be- 
cause a probati:-: r^^i.-er canceled 
the revocation >--;-t-7-: nes after re- 
ceiving a phoK i ^m someone 
who said Ihe ;■; 
dropped 

The probi*. ; ' 
record in Err-;- 
Hammond's file »r. 
the charges be €"??;•!-: or why. said 
J E Helms Jr . c.-^rj- of the Stone 
Mountain dislnr. ?-x3tjon omce. 

The officef "ii questioned 
Monday and colc :.:t -ecall the an- 
swers to either ?jT-s_.>n and offi 
cials said they t-? 5..i investigat- 
ing 

Mayoral cauzrzzj Vaynard H 
Jackson said Vircr^ :ighl that he 
would call for k ^rtzc jur> investi- 
gation into Ihe rrrco.on question 
I want the gran: .ii.-> \o investigate 
how these peop^n 2:1 aack on the 
streets of the f r> .■'' \ilanla." he 
said 

According i: ■.•>; i-rcount of Ms. 
Love's abducli:- : -;n by Ham 
mond's ex-gir -'-T-i: Janice Wcl- 
don. she and ".*f ;-.Ter suspect 
charged. Williir Viince Porter, 
went to Ihe n.::n.i-<: teller ma- 
chines al the »?> L-d Mall with 
.Ms Love's barii r^—i while Ham- 
mond held Ms L^r s. gunpoint bo- 
hin.J Grove -it Elen-enlarv 
School Ms *e.^^T ^.d Mi Lo\i- 
had given then i» trrong codes 
and that boUi atct,tci seized Ihc 



£;4 had been 

.er did not 

.'. Fitzgerald 

T-:ueslcd that 




NATION 

The EPA noais a multitxllion- 
dollar decision on how 10 restrict 
a popular (arm pesticide - A3 

The FDA plans to wittidiaw ap 

DK.vill (il Ihf rounlrv's larfjest 
:.<MI>iKi qi'ni.iiccllliil A16 

Rising casualties, 'ncH news 
coverago.' dostroyed U S sup 
pon Ol tlio Viotnarn War. an 
Army study concludes A4 

A chartered plane crashes 

in Virginia, killing live A4 

Astronomers find wriat they 
betievo is a galaxy in Ihe throes 

01 birth - A7 

Columnist Joseph Alsop 

dies at 7B - A7 

Deportation ol a Bangladeshi 
child will bo loughl by Washing 
Ion stale oHicials - AlO 
An 8-year-old West Virginian 
dies ol cancer three days aher 
realizing his dream ol becom 
ing a soldier - A20 

Neptune has smog. Voyager 

2 discovers - A?0 



'-aOricaled liy 
Clayton Cour 
sessoi - D1 



SPORTS 

The AttanU 

Pittsburgh Pi 

The CMcagr 

coaster ride . 

Former Geo 

America Ton 
leredaone s 
:oniracl to (-- 

The AUanta 

other stab ai 
Pro Bowl gu. 

Shawn Jon< 

gia Techs SI 
lot Ihe Sept 



BUSINU 

The trade d 

S27 7 billion 

Frank Lore. 

lighting East 
"as been dt 
skilllul use o 
-iizalion. ex( 



N.[[V.' 

TV Guide FessesU) 
That's Not All Opral 

By Chris Verne r 

V.,/(H..I,. 

What do you get when vou put Opnh WInfray's 
head on Ann-Margret's body'' This wrek's TV Guid 
cover — and two surprised women T-.e magazine 
said Mond;iy Ihal the illiislratioii of i voluptuous ' 
V.'iiifrey w'jriii;.! i;;;-: •> drejs jnd ; '.ingsullri' 
on a pileoi n.'iiiey i.v a i oni|Ki;ili 0: -?tak-sh' 
host and a lOyear-old publicily phi . ; of Ihe ac- 
tress "Ann Margrel should be ihrilir: because .m 
got another 1 v' Guide cover. ar,dOp'-h looks 
temnc. " said David Sendler an edi'.iratthemat 
zine However, publicists for bolh » r-nen said 
they preferred to keep their onemi equipment 
Ann-Margret was "shocked " b> the c\'^er. and Ms 
Winfrey, even af\er losing 67 pound; 'would not 
pose in that revealing a dress ' 

Old Wounds: ' Director Brian D« Palma say 
the flak he is getting over the movie Casualties < 
War " reflects eoiilinuiiic .\ineriran c rnllict over' 
Vietnam Some veterans eoiilei^d I* t 'ilmprom-i: 
false stereot> pes in Us depieiion of .'e rape and 
murderofavielnamesc womanby I S soldiers 
"I've got many letters from veterdn- -ho say the 
movie's completely accurate about i":e kind of thii 
that went on there." the director sa>s "So the thii 
was divided then and it's divided nc« ' 



Fighting Words: Brlgltte M«l$*n. actress 

and boxing promoter, tells People r^^azine she 1 
fully behind boyfriend Marli Gastlr>eau s plans to 
become a heavyw eight Tighter He ? the only whi 
man on the planet who reall> has a .-ancetolel 
Mike Tyson know what strength is a ; about " 



Fighting Words II: Ms Nie fen.lhe6-foo 

tall former wife of Sylvester Stallone lakes a low 
blow herself in a book by the acior ^ astrologer 
mother In "Star Hovk er.' Jacquelint Stallone says 
her son isafancerwhohoartjssnaruand has a 
combination lock on one of his fndees This, she 
says, explains his obsession with ar^orexic string 
beans " 



Word of Mouth: Actress Bcobeth Taylor 

more orten associated « ilh bo.nbons than bans mo 
has written her nienioirs Bui her j'-tiicisl savs 
""there are no immediate plans for release * 

B<->ckup R-ind: 



c 




nev's licensiw «d f^niumor producis busi- -Hip Jim H<-n>oii 11^ 



ncsses. whirk t^~,^^Cio( $134 million las. CBS Salurda> Morn.nK rarl»mi. *lup„.l oj "S^n. i<„^, ■• Tho?c cL'fJJi'^^M ' 
year. "^'" *'" '^'^ ~™« 'he Disiwy family vSK 



Baiik^ Didn't Tell Police Tlial Machine* 
Took Mn Love's Caitls on Dale of Death 



I'lou. 



\] 



iiilor 



"We novpr tt~> 
niation about \.t\: ins from llic 
bank lasl year ■ro" t inquirid.' 
said S(3 T A kn". . sccnisor on 
the 13monlh ipv-; oirtn "Thoy 
didn't even k-'t-x cats'- ihc rard" 
until aiilhonl>€^ s-;;-: bank rcc 
ords last wccl. sri' in: 

Police also iJK :u< a Fir>l Al 
lanta bank inTv.i::!."- lold llii'in 
that the hiddct rjn-':; i< the Til 
he" machine ir.-,_>: lo pholo 
graph those uvit i >3< out of film 
the niRhl Ms L-"-- ir: *3S used 

The care; i! . -^rrance wilh 
bank procodi.-f: :— ci:-^ were do 
stroyed by b;-i n— •■■-••■; l»o days 
after Ihcyw,--- ;- ■: 




Kir^l Al - 


■ ■ ■ ninfirm 


„r deny It ■ 


; We 


wouldnl c 


■ lil.ll's 


under iir. i 


: - b^ink 


policy," So.: 


~|'-kcs 


man Joe 1'^ -■ 


; . s;n liial 


»c have bot - 


.-■■•ipcralioii 


with the inxf.i- 


-i •jlhomirs 


early on and iv^' ■ 


•:i -if lo have 


our (Ull supp:'-. 




Ms Lo^t s .:- i 


•: r'len. Ined 


to use a secfx -lt 


-. i- i r&s in 


slant bankini ir.ii— 


ne Ji Iho West 


End Mall, actcTnin 


to Wcldon s 


statement 




Allanla p.-vci iic 'Joy did not 


go to C&S ab>J li 


"-,.:*e because 


she did nol hr--. r 


iorount there. 


but C4S ofTir^ai 


c Ihal under 


normal pr..- : ■ 


= r.mk card 


s.-ijcd b. - . 


■ -:aclinios 


would be r>; .,— 1 ■. 


■• cardhiild- 


er's bank f Li r" 


•i.i said their 


West End U r 


- :.'. equipped 



Cases Thowghl to Be Linked to Suspect 

Doc. 17, 1982: Emmanuel Fn.-Qeiald Hammond kidnaps a woman r Cte 

Kalb County, slabs hoi and steals hoi car 

Jan S 19M: HafT«nond is anesied (oi Iho otionso 

Aug. 9, 1983: Ho pleads gj*:^ ire 

is sonlonccd to 8 yeais m cr&sr 

and 2 yoais on piobatton 

Jan. S, 1987: Hammcnfl is 'e 

loasod liom pnson altcf 4 years lt- 

doi a law that col sonlonces r ^^ 

loi wellbohavod inmates 

Fob. 26, 1988: Mammon 'S 

slopped loi spooding in Hacev-fc 

and otticofs lind a gun in h*s car <r 

violation ol his piobation 

Fob. 29, 1988: OoKalb Sx^o 

Court Judge Hilton Fuiie' S'jrs t 

wairani charging Hammond •^■^ •■ 

olaiing Ins probation 

March 23, 1988: Hammo'O : :':• 

bation oHicer receives a ^^•^'•T z^ 

Uotn someone who si-f "■• 

ch.-iiges v^oie dropped S".t :i"- 

crls piobaiion icvocai:'- : r-.^: 

May 5, 198«: A DeKalb Ccunty woman is abducted She is iz-r" 

slabbed her Itiroat cut ai^3 ift lor dead in an illegal northwes; v,*-.i 

dumping giourKJ. but she Sj^.-es 

July 11, 1988: Joke Love csospcars liom Dover Road neai Buckifi: 

Aug. 21, 1988: The body 0' Csendale Turner is lound in College ?=• 

Oct, 3, 1988: HamiTOjnd pfaas guilty to February weapons ch3-?K f 

sentenced to two concurreni one year prison sentences 

Jan. 6, 1989: He is toleasea on a supen/ised leprievo by the stale Scare 

ol Pardons and Paroles 

July 28, 1989: Hammond s e« gitllriend, enraged after he alleged>j xs 

hei, tells police he killed Ms Lo.e 

Aug. 24, 1989: Hammond and William Mauiice Porter are cha'p?: "rti 

murder and kidnapping in the Love case Her skeletal remains are taj--: n 

the Atlanta dumping ground Hammond is named a suspect in the y.?i as 

saLtii and th'? A-jo.jst siay^; 




with a bidder r<i:i-— 

A C&S s:.:«-.:rni.-. Dallas l.ee, 
said, "Dailv fcani ::i.-^sactions pro- 
duce a consiiji la* :t thousands 
upon thousane;- c ^«-.lronic and 
paper recorcs in* ir^ under cer- 
tain circumslfnrrL ivulable to the 
police upon r?cue^^ 

First AliiTiu TTi'-igcr of in- 
vestigations Tor Scr.'y. said he 
was unaware r' c- ;.r!< lo change 
the way hi- ." - - :<-iSales po 
lice inquirif- =: - .-.■-■il> on cus- 
tomers' accc. -•_ 

Hammoni :'-. .i Vjriella. and 
Mr. Porter, SI o '.-Ka Cily. were 
arrested Uk vf^-^ jid charged 
with murder uu scao^ing in Ms 
Love's dealt : Tivat aller Ms 
Weldon caibf r-vi.-: »ith her 
statement 

Hammotc ais las Deen named 
the prime scsae- n :jo abduction. 



raiK' and alleinptcd murder of a De- 
Kalb County woman in Ma\ 1988, 
and the shooting death of a College 
Park man last August All tlircc in- 
cidents occum-d when, if Hain- 
monds probation revocation had 
gone through, he might havr been 
back in prison. 

Mr Helms. Oie probation direc- 
tor, said Monday that probation ofTi 
cers were notified of Haiiinioiid's 
arrest Feb 26. 1968. lor druing 40 
niph over the speed limit on liuer- 
stale 8.5 North m Hapevillo iiid be- 
ing a felon in pos.'session of a fire- 
arm He said oflic^rs sent a report 
of his probation deJinqueno lo De- 
Kalb Superior Court Judge Hilton 
Fuller, who signed an arrest war- 
rant Feb 29 charging Hammond 
with violating Kis probation on a 
1982 kidnapping and armed robberj 
conviction 

But that warranl was recalled 



March 23, when a probali:-- ::Ti— 
noted in llaminonds file -'i\ Mr 
weapons and speeding chirK^ VuC 
been dropped 

■She got a call that siic lir 
charges were dropped." < corrr- 
tions olTicial said "She rio't t>- 
ineinber who it was " 

Ilaminond was convirtec ir > 
tober of two of llie wcapors mar?? 
and was returned to pnso: ^J■ & 
rolcd in Januao' 

The officer, whose '-;--: e' 
rials declined lo release »ii ;r 
to the prabnlion depann->e:;; jjitc 
she got Hffmmond's case S-t* sm-s 
has been transferred lo atirtiie- c- 
ficc within the departnrcol ».- 
Helms said 

••I'm not sure if »e n^ck ar 
mistakes at this time." Mr Here 
said ••But if we did, we nc^ u nr 
reel it and do things nghl 6 s ira?t 
that things like this happei.' 



Abuse Mctim Would Be Outcast if Sent Home 



OLYMPH. V.ja - Slate ofTi- 
cials Mond^l ar''— : .; fight depor- 
tation of a ^v^i-iic Bangladeshi 
girl who »i< mt»»:.?^ by the man 
who brought n^ o »jienca. then 
taken from i foshr Kme tx>cause it 
wasn't •'culttrsii -»-e^anL" 

Earlier lae p- : teler parents 
and more thji 20 iooorters. fight- 
ing her ren>:«i iy: xr^sible depor- 
tation, mamec n X -tale Capitol 
demanding kea v oe <ounis>ler. 

The gir^ e or- n <4?*er3l mem- 



guilty to taking indereiil litierties 
with the girl and two other chil- 
dren SherifTs oCTicials said he sub- 
jected them lo ""physical and psy 
chological torture " 

After Monday's rally, the slate 
Child Protective Services ICPSI said 
it would review the case and fight 
deportation Spokeswoman Irene 
Hopman said an education visa 
would be sought iiir (he girl, allow- 
in; her lo reir.air in Ihe Cniled 
States inderinilely 

But Ms Hopniaa insisied that 
the child eoi-.V not tti"!!'-' 'lUh her 



relinquished their righls " 

Mr Martin and Ms Seioei w^i 
when they were surrounded by sic- 
porters after hearing it-e neri 
They had feared the slate »oulc t- 
low the girl to be sent baci lo ha:- 
gladesh, where she wooM bf ir 
outcast because of the seixaJ abi» 

CPS workers took her &wr w 
Martin-Seidel home Fndzj. deca- 
ing it wa'n't ■rulturalh re'ieian: ' 

The girl has been pUeec lemn- 
rarlly with her l9-year-C''<i si.-ie' 
whose marriage gave Ihe &-.ea'-i>: 
.•i;'i, 1.1 ■ ,. I'-:---! St;-- ■"■• t- 




Join us aaiil 
rolled mn 

Marc Grani 

famoiis 

appealing 

mixe 

Equal parts i 
'240, thf 





iiiuri till. Stic iltMltin*<t I iviii#*-(l 
jH'opU' doll t siH'nk lo ddjis. rhilda-n 
or srn-aiib. thai way, do thrv'" 

"No." I said. laiiKhiiiK a liKIr 1 
waiit(*d lo add "os)KM'iBlly scnanls" 
because you ran ^i-I husbands and 
wives and ovon childnMi and dof^ 
fairly easily llicsc days, liiil scr\anls 
;in- MiKl 1.. Ill- iiiiiii-vislriit cscciil 



III! 



lillln 



III 111 



llo 



plovers nllii llilicillt'll lilt 

ever. I had lo a^ivi' llial Hit' lius 

band she dtscrlbod sffiiicd lo bo n 

lomplele oaf. and his artlons hurl 

and embarrassed his wift^ and alt 

txhold.TN 



b: 



ul It iirobnblv wasn'l tho worsl 
domeslif st'oiir any of us has 
witnessed, no! by any iiieans Tho 
worst " and Ihis is nior*' prevalt^nt 
than you'd think is downrlRhl 
phvsicRl abusf The Coiiiu'il on Hat 
lored Women seiil out a leller Ihis 
month with Ihis opener 

"Have you ever been afVaid for 
vour lifr' Have von ever been fear 
i\il for the lives of your chlldr>-ir 
Our clients have ' 

A surprising number of appur 
ently deeeiil cill^eiis. espeelally 
those with seven* menial or eiiio 
lional problems ii( their own. in 
eluding alcoholisni. luive been 
known lo slap aruuiul those they 
arc sui>(H>sed lo love and pniloil 
ITs one ol those secret tiorrtirs ev- 
.-Oho-ly tri.-s In toneeal The eouii- 
cii st-!U aloMi: a leller IU)ni a wtniuin 
who eloquently reporled on pain 
, ,; and fear in a iiinrrlaRc for which 

'.•-* she had c^ery hope 

•^ "I grrv. up believiiiK 'once mar 

ried. always married." she wrote 
"I felt that the rnmily should slay lo 
gether. no niatter what happened 
The terrible abuse thai 1 suffered 
and thai my three children suffered 
nnally made me realise Ihal we had 
to leave to save our family Fear 
kept us there, bill fear for cur lives 
made the decision lo leave We 
didn't know where lo go. bul any 
place had !p bo belter llian the con 
11' „■•; p:i.»-,.„l .,--.,ji!s He Ihie.il 
ened to kill us I finally believed 
him and made thai (Irsl move " 



AlXer 16 years of marriage, seven 
marked by abuse, she soughl 
help at the only place she knew 
would take in her and her children 
and see Ihcm through the mullUude 
of problems ahead - divorce, hous 
ing. Job training and finding a Job. 

"It is my hope and prayer Ihal 
Allantans will keep Ihe door of the 
shelter open for other ballercd 
women and their children." she 
concluded 

The council has a new facility. 
which opened in March, and it is 
open 24 hours a day to provide 
emergency shelter lo beleaguered 
women and children There Is a 24- 
hour crisis line and possibility of a 
second shelter outside the Perlme 
ter And. of course, there Is need of 
rommunily support 

Jane Salter, president of the 
council board, thanked a long roster 
of Atlanlans for their help, which 
has come in various ways — money, 
contributions of furnishings, volun 
leer duty — and expressed the hope 
that it will continue Everybody's 
hope is that the shelter for battered 
women will be supported and con- 
tinue to offer refuge as long as 
there are women and children who 
suffer abuse at Ihc hands of hus- 
bands and fathers whose main con 
cem should be to nurture and pro 
lect them 

The council has a post office 
^x ""mber^ PO Box 54737, At- 
lanta^ Ga 30308 - for, of course. It 
woi.irtnUK- wise for Ihe street ed- 
•■ ■.. r,'.,^ ,"°*" '" ""'Jiflivc bat- 




l.'iCH'.[c VI'A'iUJvr 
Buckhead resident Janice Stone (wys, '1 tjsed lo see 20 JoRgers afx)und heir ever- 
nighkmcMly women. Now you itilnht see two, but never any afler dark." 



When a 



n 



i^U'dlkgbk' iUk^^kib 



/T BvAlan.Svrrdllk 

• I ^'""" 

H I would break mv heart to think 
■ Ihal Julie l.ove might have 
I kimcked at my door and I wouldn't 
B have answered." said Janirr 
sione, her fare wrenched in a^ny 
At Irai point the 35-.vear old graphic 
,niii »c\ei 10 the juncture of Howell Mill 
; d Dcwr mod- - where Ms l.ove apiiar 
filly tf;s:i lo udik up to the door of s 
house before turning around wilhoiii 
knockiii; - and Ined uiisiirressfully lo re 
solve what she calls "my ftmdamenlul ques- 
tion. " 

Indeed, ever sHve Ms. Love's skeletal 
remains were found last week, a wave of 
self douW has gnawed at Ms Stone and the 
neighbortiood south of Huekhead where she 
lues Although residents point to recent ex 
amples of people coming to each each oth- 
er s aid - This isn't New York, hard as 
rocks." one woman said there has been 
much heartfelt discussion over what some 
one should do when a stranger shows up 
iBle at nithl. asking for help 

Ironically, it became the talk of the 
neighborhood despite the fact that Ms l,ove 
who walked up the driveway uHer run- 
ning out of gas and refusing a ride from a 
man in i passing car - did not ring the 
bell 

Speculation also abounds as to why she 
Old not seek aid 

I would pound on someone's door I'd 
haie no qualms about it." said Barbara 
Park. 39 a photography and video st.vlisl 
who lixes about a mile from Ihe spot where 
NU l.o»p »as abducted ii. .Iiilv IHBB I 
wouldn I expert them lo open Ihe door, bul 



WhattoDoifThere't 
Trouble at the Doontep 

Ho*ev»i convincing t person asking 
"0' h«ip »l youi front door may souna. 
"onl open Ihe doof. 

Thjis |h« advice cf the Cmnj Pft- 
•fil-ci Section o! ine Atianta poiice 

On the other hand, II you're In troutj^t 
ind mult »5k tof help g| a home, the best 
Joproech Is to ask the person to call the 
K)lice «t once, uid Officer J.M. Harris. 

Riptsts and thievas otten try to till> 
ttieir wiy Into homw Even It the penoo 
kriocklng tnily need* help, he said, thits 
no retjon to open the door. 

11 you're the person asking lor help, 
f s best to gel right lo the point "Pleate 
ciil the police," Officer Harris suggested 
uying "I'm going to well right here. I'm 
scared" 



Id expert them to call Ithe polirel " 

Mthough Ihe neighborhood where t->- 
27->ear-old exercise leaeher disappeare: 
does nol have a name, niosl residenls o'- 
srribe il as the fringe of I'eaehlree Bailie - 
mixture of well-off families and young sir 
gle professionals live in Ihe npighborhoot 
whirh runs along Dover and Howell S' 
roads bul includes tree lined avenues Ihi 
mlersect with I'eaehlree Street With : 
stalely oaks. Tudor homes and law- 

FONDERINQ Coniinued on C4 



f 



(^ 



iiSi^UUIiiUB 




I sliup in Kennebunkport. Maii«- 
i( Rush. 

!• 1011 relish creation 

\ Proprietor Jody HibV 

so popiihir "I rairi keep i 

jiisl a lull ileiii." 
1 111 keepiiic willi 11. • ■ 

noil, one flavor is lab^" ■-: 

Ceiiller."' and lhe'lab<: . 
• llie shopper lo "Sho"-- 
,1 InuN »jlh a thoiis:r . . 

liKhf 
1 The more Ihrifty !?':•:;- 

I pick up plustir lhiiiib'>j-i i 
li each, ivilh Mr Bush'; : .-.: 

Iheni. or shot glasses t.: 
I bearing llie presidenu; .-.. 
I Ihe wortlb "Kennebunkp.:i-. -.- 



irtisls" boyroU has IihI lo llie Mn.^ 
of iwo exhibitions of contrmgao 
rar> art scheduled for this sras.«jn 
It the Corroriiii Galler>' of Art. aioad 
1 third 15 endaiicert-d The boyrioM 
comes in response to the Corr» 
ran's cancellation of a Kotorri 
tiapplelhorpe display 

Hon- lliafi a do/cii iirtLst? 
I ill s<'heiliiled lo show at flu- <L m 
I roran this season — liuve battel 
steps to deny (he inslitulion ttu- 
right to show their work TVo n 
hibils in the "Gallery One" M-rirs 
and designi'd lo suney (ren<± «ii 
fonlemporuo' art, have been ».illi 
drawn A third, and larger, gruup 
>how involving American and So 
viel painlers organijed by Ihe 
Modern Art Museum of KimI 
Worth. Texas, also appear*, an 
jeopardy 

The boycoll has shredded Uie 
museums contemporary exHfbi 
tion program and threatens the 
Corcoran's allempis to reestablish 
Itself as a serious venue for Uie 
showing of adventurous art 

"It's clear the Corcoran cJi>es 
not have Ihe integrity to slajiC" rp 
for what they're supposed t- be 
domg." said New York pa -.er 
Ross Bleckner. one of the pr; t -1 
ing artists "If you choose to ! - V 
in artist is important enoi-i - •" 
warrant u show in your rr.- - -i 
then it is not appropriiile to '- . k 
le beneath any pjlilical pre-.- tv 
swirling around." 

Christina OrrCahall. the Cor- 
coran's director, said Tiiesda? that 
"we are certainly very unhi,"3py 
with artists' decisions to vk-.ih- 
draw We would hope they n .uld 



from Day 1. We're in the 

rrxJdte of Ifie storm It 

is no longer business-as- 
usual anywfiere in tfie afl 
woritj, and cerlainly not at 
tfie Corcoran.' 



— Christina Orr-Caltall 
Gall«ry director 



recofni/e that we were confronted 
uilh an impossible decision, and 
thai Ihey would show Iheir art 
here as a way to involve tliein 
selves with Ihe discussions now 
going on 

This is what we feared from 
Day 1 We're in the middle of Ihe 
storm We are working hard lo 
combat Ihe Helms amendment 
We re trying to deal wilh the ini 
penled situation that we see now. 
and which we saw in April and 
May It is no longer business as 
o^-nal anywhere in the art world, 
and cerlainly not at the Corco 
ran ■ 

The amciidmeni she referred 
lo introduced by Sen Jesse Helms 
iRN C ). would prohibit federal 
:L-ding of '"obscene or i'ldecent" 
.:r. Though passed by the Sen:ite. 
the amendment lias yet to be ap 
proved by a Mouse and Senate 
conference. 

The Corcoran's last-minute 
cincellalion of the Mnpplelhorpe 
exhibit, which included a number 
of photographs of homosexual ar 



rommuiitu have accused tiie mu- 
seum of knuckling down lo know- 
nolhings, n^nsorship and more Its 
reputatiofl among many contempo- 
rary artisls hds never U'en lower. 
And the Klapplethorpe show was 
seen in Washington anyway It 
dosed earlier this month at the 
Washin!ii.n I'rojerl for the Arts. 
v'iieic a .UKiied more than 
•lt;.lKKI\lr«er^ 

"10 - 10 Contemporary Sovi- 
et and ,Americ3n Painlers," a lour- 
ing sho« may also be withdrawn 
Though It remains on the sched- 
ule, lis 10 Americans David 
Bates. Koss Bleckner. Christopher 
Brown. .\pnl Gornik, Peter Halley. 
Rebecca Purduni, David Salle. 
Mark T«r.sey. Donald Sultan and 
Annette l.emieux — have begun 
discussions to determine what 
protest IS appropriate 

Corcoran curator Terrie Sul 
Ian lartisi Donald Sultan's sister) 
said Ihii 'all the artists I've 
talked lo ha\e been pretty vocifer 
ous They want me to understand 
thai their withdrawals are not di- 
rected at me personally, but they 
don 1 uirl lo bo seen as support 
ing or ifreeiiig with the Corco- 
ran's p>!ilion. which seems to me 
faulty lo£iC 

"Thi; 15 an issue — Ihe danger 
of rulf..rjl manipulation in insic! 

io-.if wi.-i - that this in:Mi;i'.i..ri 
needs i;- ^udress through iti ex!ii- 
bitions To say this is Irash. this 
must nc. be shown.' is incredibly 
danEer:.;- Artists needle and 
pusii V.e know that here. We 
know we can'l go on wilh busi- 
nesf-ss L:jual " 




tp» LOUIE FAVORIIE/StaB 



Mike 

O'BaaHmn runs 
thr«ai$Ai the 

vide«bt 
coiHvdoced 



aking High-Te:: Video of Atlanta 










•»« -and 



Pondering What to Do 
When a Stranger Knocks 



¥i\m\ Page CI 

cropped as close as golf 
greens, the area is a study in 
tranquillity. 

But Ihe selling disguises a 
growing unease brought on by 
the bothersome issues in Ms 
Love's case. Ms Stone and oth- 
ers say. Ms. Love's remains 
were found in a northwest At- 
lanta dumping ground Thurs- 
day, and police have charged 
two men wilh her kidnappins 
and murder She was snalched 
off the street, raped and shot, 
according to the former girl- 
friend of one of the men ar- 
rested. 

"My mother was so tickled 
when I boiight in an area that 
seemed so nice, so upscale, so 
secure." said Ms. Stone, who 
moved into a condominium in 
the area after living in Mid- 
town and Peachlree Hills "I 
used to see 20 joggers around 
here every night mostly wom- 
en Now you might see two, but 
never any after dark " 

Ms. Stohe, worried that Ms. 
Love's slaying meant her 
neighborhood was on the verge 
of a long slide, look lo the 
streets near Dover Road last 
weekend, asking people wheth- 
er Ihey would open their door 
if someone claimed to be in 
trouble She asked co-workers 
at her nearby office the same 
question When Ihey said no, 
she said. "I asked them, 'What 
if it had been Julie l/ive''' " 

"First you get a lot of blank 
looks," she recalled. "Then a 

I ,-•■" ofr'.-' V -'...V 0-. r t!,eir 



il t^t'orehand than to judge a 
person through the peephole 
One of them, Ms Park, always 
turns on her porch lights and 
olTers lo call police before con- 
sidering cracking her door 

Ms Park, however, says 
she is leery about allowing "a 
strange woman in my home " 

"A lot would depend on 
what a person could see or 
hoi the person knocking on 
Ihe door appeals to you." said 
?.-->!>?« Del.uca. 32, a Claylon 
C:-:ii> high school teacher 
wn: ha^iived in the neighbor- 
hcod fi\l years. ' '' 

Susan Maier, who lives in a 
cul-desac off Howell Mill 
Road, also is loath to take a 
chance with someone who 
shows up on her doorstep. But 
"as nice and cute as (Julie 
Love) was, I wouldn't have 
been afraid to let her in," she 
saKl. 

For Mrs Maier, the more 
intriguing question arising 
from the case is why Ms. Love 
did not rap on the iloor — not 
»-t>elher her plea would have 
been answered 

Mi Stone speculates that 
like many women reared in 
Soolbem households, Ms. Love 
respected privacy so much that 
sbe may have hesitated to dis- 
lurt) people she didn't know. 

"I came from a background 
siBilar to that of Julie Love," 
she said, comparing her upper- 
lEiddle-class upbringing in Oak 
Ridge, Tenn., to Ms Love's in 
Einningham, Ala, "I was al- 
ways taught you didn't knock 
oe in\t">^-'s d >.'>" •''.•■r i^T^^ 





c^Cr-n riuf li.i-o"- 



•hell- l^,K>r on ti.p I 



rr^-:. 



r 



Judge Orders Bryan Board to Reinstate Him 



olTirials learned Ihal he carries 
»" hcpalllis B 

Bui n federiil jiiilpe on Kridiiy 
'>' -^eivd lliy»n Coiiulv U> reinsdile 
"/ij A' U'eiiH(:er iiiiinediutel) 
'\M/W "JenVeys real happy." said his 
""father, Kniesl Shunian He doesn'l 



wanl lo iio to sehon 
wants lo Ko » ilh tin 



iiseir He 
kids 



Mr Shutnan said bis son bought 
a blue joKKinK suil w mear on his 
nrsl day of school Kol il's loo hoi. 
liiul riiicoinc 1(1 ):i-l ; V. voiiii- Ill-Ill 
weiKlil sliifl lo v.m .- ihe miillur 
turns cooli'r." Mr Shaiun said 

Torin Togul. llx- U-»n:ia U'ciil 
Services allorii(> » •>■ n-pri'M-nled 
Jeffrey and Mr Sr.rjn iii llu-ir 



suil ugninsl Bryan County schools, 
siiid he was pleaM'il by Ihe court 
ruliiic issued Friday by II S Dislnrt 
.liidre Diidliv Howeii Jr 

Tins c;ise wius all iiboiil .lelli>% 
(jelliiiK buck in seliool willi llie olh 
er kids and haviiiK a normal life, 
which he hasn't had for Ihe laM 
three years. " the attorney said 



THE MAYOR'S RACE "89 



ird's afraid I'd bring out his deficiencies on the issues, j 




>li>nard Jackson's press KPtretarj-. 



Contributions Near $1.5 Million 



nt-Runner 
ji in Debate 

Wind 
:onJr. 

ised nearly $1 5 
^yoral cempeign 
lion IhrouRh mid- 
anclal disclosure 
tn filed Tuesday 
ackson campaign 
» more than 6.000 
i|93.914 15 In addi- 
!|6 lo the campaign 
*no5lly by hosting 
fif former mayor. 
Mokesman 
•Son's main oppo- 
■ >5ea I, Wlllloms, 
I tr chesl of about 

♦ — and had spent 
I 

*y organized and 
•>egan to lurch for- 
85 moved Into a de- 

• Pcachtree Street 
lldquarteri for US 

Jackson's llnan- 
he clerk of 
» pm , re- 



Th* M«y«r«il War ChMti 

(Thtough Aug 19) 



Candidal* 


RalMd* 


SfMITi 


Jackson 


$1,413,122 


$1,193,914 


Williams 


S35.000 


$5,000 






I've less than 
)ten contributed 

j«»Jt SIO.OOC was 
» of Home Depot 






'^^m'r- ^ 



K3HNNY CRAWrOR[«UI 

Maynard Jackson (right) has spent more 
than $1.1 million to Tar In the campalgs. 

Inc. The conr'ny's cl-.cirmsn emiJ chicfexfr 
utive olTlcer Is Bernard Marcus, who »a.' > 
co-chairman of the executive finance coo- 



miltee of Fullon County Commission Chair- 
man Michael I, Ixjniax. who withdrew fVom 
Ihe mavor's race Aug 8 

Another $10,000 conlribulor to Mr Jack 
son's campaign was American Golf Corp . the 
California bused company that manages Ihe 
cit.ii's four public golf courses. 

Several companies in Chicago, home of 
Mr .Kick^dn's law firm. Chapman and Culler, 
conlnbuled lo his cdmpaign. as did several 
New York bond houses Merrill Lynch con- 
lnbuled $17,500 and Dlrxcl Burnham Lam- 
bert gave $5,000 

Mr Jackson also released a personal fi- 
nancial disclosure stalemenl this week show- 
ing that he holds fiduciary positions in four 
businesses his law firm. United Security 
ijnployee Programs Inc., an insurance bro- 
kerage senice, Jackmont inc.. a financial 
and business consulting service; and NCM 
Capital Management Group Inc., a Durham. 
N C . money management Hrm. 

In addition, Mr Jackson disriosed that 
he IS a shareholder of interests In four other 
corporations and that each of Ihose Interests 
has a fair market value of more than $20,000 
Those holdings include interests in The 
Coca Cola Co , Chasewood Partners-Thou- 
sand Oaks, an Irving. Texas, real estate in- 
vestment firm, Stratigraphic Hesources Ltd , 
a Dallas oil exploration and development en- 
tity, and Line Trust, an equipment leasing 
company in Chicago 

Mr Jackson, who is required by slate law 
to file the disclosure reports 15 days before 
Ihe Oct 3 mayoral election, had said he 
•inled to file before he was required to do 
so The campaign is currently compiling ad- 

WIlLiaMS Continued on C4 



Mr Togut said Jeffrey will tlsi 
be allowed to ride the »chool but 
eat in the school lunchroom am 
participate in physical cducatioi 
although the court order bars bin 
from engaging in body conlar 
s|)orls 

When Jeffrey was first barrel 
IVoiii ehisses, the school sent miiP 
mil Ikiiiic for hi:. Oilliei In tuli. 
hini, but Ml Sliuiimii siiid he wk 
not coiiiix'lent to do that Then i 

HEPATITIS Continued on C4 



Love Case 
May Involve 
4th Person 

Man Says He Saw Part 
Of Woman's Ordeal 

By Adam Gelb 

Sl„fl Wrllrr 

Anthill itii's lire investigating i 
report thai a lourlh person was p- 
sent diirinH, iil least purt of Uic • 
(tuclion 111-..1 shivinr. of ,hilie \av 

A m;ill v.li.i C'::ilTl-l1 n lir--- 
.Siilunliiy hiis coii.e forth to Si;> 
witnessed all or part of the four 
five-hour ordeal of the 27year-: i 
preschool fitness teacher ftom Ut- 
lime she was kidnapped July ; 
1988, until her death from 8 sholru: 
blast 

Fulton County prosecutors nie 
with the man's attorney Tuesde' 
morning and detectives are trying u 
confirm his story They would d- 
viilge no details 

Also Tuesday, slate Correction: 
Commissioner David C. Evans o- 
dered a formal Investigation irv 
why K'iin,.Mi;.-.-! Kil7,'erald }• ■ - 
mond, one ol llie l-o nua a,^:-.- 
wllh Ms Love's slaying, was nc-; - 
turned lo prison for a probation vi: 
lation five months before she dist: 
peered and before another slayin; 
and an allcmptcd murder of whm 
he is accused 

"The commissioner wants then 
lo take a look at any angle, any wr'. 
shape, form of Involvement witi 
probation ofiicials, any communich 
lion, any warrant or hint of warran 
or anything else," said correctior. 
spokesman John Silcr 

OfTiclals have said Hammc-i: 
probutiiin officer, who hid ;. 
been assigned lo his case, cancei!-; 
probation revocation proccedinp 
on March 23, 1988, after recciviw i 
phone call from someone who »aa 
Ihc charges against Hammond hat 
been dropped. 

Mr. Evans appointed three im 
probation officials lo look into tie 
matter, and Mr. Siler said Ihr 
might reach a conclusion as early e 
today 

Meanwhile, officials of First A- 
lanla bank said they did not tell pi- 
lice Investigaling the Love case tha. 
one of their instant bankin| ini- 
chlnes had seized her 'Tillie' can 
the night she vanished because ofY- 
ccrs asked them only whether Iher! 
had been any "activity" on her a: 
count 

"Acli\^y," as defined by Oam- 
ers, means withdrawals or deposiu 
First Atlanta officials said Ms. htrr. 
had given her captors the wrong e- 
crcl codes lo her cards and no wlU- 
drawals were made Bank official 
said since police never quenei 
them directly about a possible $e- 
7iire of Ms I,ovc's card, they did na 

MAN Conllnusd on C4 



O' 



o- 




Colleagues 
Divided on 

Assessor 

Testimony Conflicts 
On Clayton OfTicial 

By Gary Hendricks 

Slufi » ..I, . 

Two Cla>1on Counl> lax as 
sessors gave conflicling rourl 
room testimony Tuesday on the 
job performance of emballled 
Chief Tax Assessor Leo Roy 
Smith, with one calling hini 
"marvelous" and the other 
"dishonest" 

Mr Smith. 53. chairman of 
the three meml>er Beard of Tax 
Assessors, is OKhtini: in Clayton 
Superior rourl to f!c<V an at- 
tempt by the County Cc- -nission 
to remove him from c:T.co for al- 
legedly falsifying lax as.<x-ss- 
menl.> :*p<! lailni.c to ;> rVTm his 
duties 

Each side called ore of Mr 
Smith's fellow assessors to testify 
in the st-cond day oT £ hearing on 
the allegations 

One charge is thai he created 
a special computerized hsl lo ex- 
empt about 150 residential prop- 
erties ffom general counl,>^ide 
revaluations 

"1 beliere in my heart that 
Lee Roy Smith had never taken 
any money for that list, but that 
doesn't make it any less dishon- 
est." said assessor Charles M 
■Mick" V' r^T.-i 

In Maicf.. x.;..r. v.- Work- 
man look on additional duties as 




Ler Roy Smith 



chief appraiser, he ordered the 
county's data processing depart 
ment to eliminate the list of 
exemptions 

However. James H Creglow. 
who retired as an assessor in 
July, siiid Mr Smith took* over a 
"topsyturvy " orfice swamped 
with thousands of appeals from a 
countyxvide revaluation whor. he 
was apiMiiiued lo the boatxi and 
became its chairm.in in Febru- 
ary 1987 

"I thought he did a marvel 
ous job. ■ Mr. Creglow said He 
improved the olTice and was a 
good administrator It is in good 
shape because of him " 

During the flr^t day of the 
hearing Monday. Brian Madison. 
a staff appraiser, testified that 
he had fabricated figures to low- 
er properly values at least 100 
times on orders from Mr Smith 

Mr Workman and Mr. Creg 
low lestified they had never wit 
nessed Mr Smith ordering the 
appraiser to reduce the lax lia- 
bility. 1 I Mr Workn::Mi said he 
had ■swli ti.e ii;~u!ls of thol L;,-- 
ing done " 



Man Claims He Witnessed Part 
Of Julie Love's 4-Hour Ordeal 



From Page El 

check records of such secures 

Atlanta police said Ti-esday that 
when they inquire: i-';ut Ms 
Love's aecoant, liiey *tn; uiing the 
term "activity " loosely wanting to 
know if First Atlanta had any infor- 
mation about the account pertinent 
lo a criminal investigation They 
said on July 19. 1988 - eight days 
•Her Ms. Love vanished and four 
days after the case became public 
— bank investigators told them 
there had been no activity in the ac- 
count 

"I think we've learned a very, 
very important lesson," Boris Melni- 
kofr, security chief at First Atlanta 
told WAGA-TV. -We will strive in 
what we do to do it in an appropri- 
ate manner." 

Police said knowledge of the 
seized card could have led to a 
quicker solution of the widely pub- 
licized crime, which eventually in- 
volved hundreds of hours of investi- 



gation by numerous law 
enforcement agencies, including the 
GBI and FBI. over 13 months. 

Police and GBI agents said they 
did not know about Ihe card — and 
another one that x^as seized by a 
C4cS automated teller also near tlie 
West End Mall and apparently re- 
turned lo First Atlanta — until they 
obtained a statement from Ham- 
mond's ex-girlfriend. Janice Wel- 
don. who detailed Ms. Love's or- 
deal. 

As a result of her account, po- 
lice last week charged Hammond. 
24. of Marietta, and William Mau- 
rice Porter, 20. of Union City, with 
kidnapping and murder. The six- 
page account by Ms Weldon does 
not mention a fourth person, but of- 
ficers said it was possible the sus- 
pects picked him up alter dropping 
off Ms Weldon and l)efore Ms Love 
was killed and dumped in thick 
woods in northwest Atlanta Police 
speculated the man may have come 
forward in return for leniency, per- 
haps in another case. 



Brownlee 
Will Remain 
Incarcerated 



Most damaging lo Mr. Brown 
lee's case at Tuesday's re hearing 
was the testimony of Dr Martin 
Youngleson. a clinical psychologist, 
who said he was transferred out of 
Georgia Regional Hospital at the 
end of July after being told "I was 
responsible for having too many pa 
tients on the forensic unit " He had 
worked there S'.'z years 

Mr Brownlee. a 12-year postal 
worker, said voices told him to kill 
before he pulled a 22 -caliber pistol 
and shot two co^workers to death 
and wounded a third at Atlanta's 
mam post olTice. He has been con 
fined to (k'orgia Regional Hospilal 
since a jury' found him not guilty by 
reason of insanity in June 1!'55 

Dr. Youngleson t'.rstified that he 
assessed Mr. Brownleos condition 
and ad-:iinistcrcd » battery of p'A- 
chologifoi tests la.sl March 2; i r.e 
psychologist said lie found that Mr 
Brownlee "continues to have 
thoughts of hurling others, both 
physically and sexually " 

On the day of the evaluation, he 
said. Mr Brownlee made the com- 
ment that "he felt like shooting 
somebody that day" 

Dr Youngleson's testimony was 
in conflict with that of a psychia- 
trist, Dr Cassandra F. Newkirk. 
who has been assigned to the hospi- 
tal's foresenic unit since June Dr 
Newkirk testified that Mr. Brownlee 
is not a d:-p,-:er tn hini'^'^iror <.'.hers 
and no Iki^^v ni-_\:;^ i.:: h .;.! iiiU- 
ria for civil commitment 

Dr. Newkirk also denied that 
there is any policy by the hospital 
to seek release of criminal offend 
ers to create bed space. 

Mr. Brownlee's lawyer, Tony 
Axam, urged the court to give the 
patient a month-to-month release 
coupled with outpatient treatment 
and periodic blood tests lo deter- 
mine whether he is taking his medi- 
cation, a solution the judge rejected 
as "an administratixc nightmare" 

Assistant District Attorney John 
Isom told the court that Mr. Brown- 
lee once was allowed to slop taking 
his medication at Georgia Regional 
and was put back on his regular 
dosage when he showed renewed 
symptoms of his mental illness 

Judge Eldridge said after the 
hearing that he has "very grave 
questions" about DHR's policies 
"Is It to get beds or to turn people 
out who are not a threat to them- 
selves and others?" he asked. 

Killed in the shooting spree 
were Phillip Sciarrone, 32, of River- 
dale, a postal clerk, who suffered a 
bullet wound in the head, and War- 
ren M. Bailey, 45, of Marietta, a su- 
pervisor who was shot in the chest 
Douglas M. Adams of Woodstock, a 
postal clerk, was hospitalized with a 
head wound. 



Obituaries 



Williams: Debate or Face 'Christian Actions' 



FmmPageEl 

dIUonil nn»nct»l nconii and will 
li^^l Rjymond J. McClcndon 



to hear above the fVeeway din. Eariier in the day, Mr Jackson 

Mr Jackson, who has said he told the Atlanta Chamber of Corn- 
appear only in a debate fnnim merce that immediately after his 



^.j^HijatiittusJtiat^ 



-••- wavfuuii. wiiu iittb &aia ne 
will appear only in a debate forum 
with all the other candidates, main- 
tained that posture Tuesday 
,r, "*'*y"*"' Jackson don not re- 

T"""'i''tn i^n-.ri.-.-ir. 



,,,v>vv liioi ■iiiiNcuiaitrij duel III& 

swearing-in as mayor, he would be- 
gin working lo improve the capacity 
of Hartsfield International Airport. 

T. r.\ ts.-- 



Mr. Edward Middleton, 
Ex-Kdilor of ihe Weekly 
C«)p|H'r Cily Advance 

COIM'KIt llll.l. Tenn Mr Ed 
ward A Middleton Sr of Copper 
Hill, retired editor of Ihe Copper 
( ily Advance, a weekly newspaper 
distributed in Georgia's Fannin 
County, died of cardiac arrest Sun 
day night at Copper Basin Medical 
(enter He was 74 

The funeral was Tuesday at 
Kinch Funeral Home in McCays 
Mile. Ga . xvith burial at Crestlawn 
Cemetery in Copper Hill 

Mr. Middleton began working 
for the newspaper as a high school 
^ludent after his brother. Frank L 
Middleton. bought the publication 
Kdward Middleton served as the pa- 
per's editor for many years afier 
World War II After his brother died 
III 1970. th<- newspaper was sold to 
Community Newspapers, but Mr 
Middleton continued working for 
CopptT City Advance until he tuf 
fcied a .xlr.i'-e in 15i-=;). 

Kdxvanl AiiOenson Middleton Sr 
was bom Oct 7. 1914. in Byromville. 
Ga. He attended Ihe Southern 
School of Printing in Nashville. 
Tenn 

During World War II. Mr Mid- 
dleton was in the Army in the Chi- 
na-India Burma theater, rising lo 
the rank of captain He was recalled 
lo active duty in the Army during 
the Korean War 

Suniving are his wife. Virginia 
McCay Middleton; two sons. Edward 
■A. Middleton Jr of Knoxville. Tenn . 
and Gene M Middleton of Dora- 
m!Ic, Ga.: a brolh.T J V. Midd'^Hon 
of Athens. Tenn.; and one grand 
child. 

-M n>. (tefaktint* P. AIIimmi 
Delta Keservationii Ap-nl 

Mrs Geraldine P Allison of 
Peachlree Cily. an international 
reservations agent with Delta Air 
Lines, died Monday of cancer at 
Emory University Hospilal She was 
55 

The funeral will be at 2 p m. to- 
day at East Point Christian Church 
with burial at Wcstview Cemetery. 

Surviving are her husband. 
Thomas M Allison, two sons. Eric 
T Allison of Fulshear. Texas, and 
Alec C. Allison of Gales Ferry, 
Conn ; a daughter, Alicia M. Allison 
of Peachlree City; two brothers. Ar- 
thur N Porter Jr. of Peachlree City 
and James H Porter of E^l Point; 
five sisters, Louise Hawkins of 
Fayettevile. Kathryn Middlebrooks 
of Atlanta, Maxine Holcombe and 
Ora Jean Gunnin, both of East 
Point, and Charlotte McCrary of 
Moultrie; and three grandchildren 



Kev. Henn A. Carrall 
Prntemitlal Minii4rr 

The Rev. Henry A Carroll Sr. of 
Scoltdale. a Pentecostal minister, 
died of kidney failure Monday at 
his home. He was 63. 

The funeral will be at 3 p m. to- 
day at Hairston Road Church of 
God with burial at Melwood Ceme- 
tery 

He was a Marine veteran of 
Worid War II who served in the Pa- 
cific 

Surviving are his wife. Doris 
Kuykendall Carroll; three sons. 
Heniy A Carroll Jr. of Lawrence- 
ville and Tim Carroll and Phillip 
Carroll, both cf Stnie M"urtsin- 

t.o 6z ■-':,■,-, •,■..:•...■ : . 



Relitrd' 

Mr 1 
a retiri 
Lockhc 
died M. 
lone H( 

The 
day at s 
ist Chut 
at 3 30 r 
tery in I 

Mr 
nooga. 
Lockhe< 
He was 
Yaarab 
saw Ml 
Andreu 

Sur 
Greene 
Cagle ■ 
Knight 
Mariel 
Jr of 



.Mr.,< 
Humr 

BA 
Barror 
er. di 
Health 

The 
day at F 
Clarke 
church 

Sur 
Barron 
of CIs 
of ' 
Khj; 
Jessi' 
ters. 
both } 
dren; £ 



Mrs. L 
Homen 

Mr 
Norcr: 
day c 
Regi 
78 

T^ 
Thur?: 
Churci 
White 

Su 
Pedro 
the Pi-i 
lela 0' 
Esleli 
both p 
alela . 
ofNo- 
sauga 
Bravo 
Moral, 
brolhf 
pidio 
pines 
and f 
Philip 
14gre 



Mr».^ 
Honx 



ton. a 
emph 
S3 

T' 
day n 
Thet 



(( 



(( 



c 



(i 



THE ATLANTA CONSTITUTION 

tor IJI ),..r> Ihi- Soiilh; Sl,in,lur,l ,\.ii VKi/xr 



Tnni Ti riH-n (;ii'iiii M<<:iilrh<ii John \( . « alKr Jr 

PU.F l-g.«KI)NKsn*V. tl'tl'ST 30, 1<)89 



The Price for ^Tougli' Probations 



Th, 



.■ii;i- 



met 



■Mid imir- 

lies aboiil 
ilnl -iioc- 
ii; daiif;.-!- 
oil have ii 



dor of Julie I.ovo «.-, 
Add to that th<- a|i|)i!i; : 
a criminal jiisiuc ' ^>-! 
laoiilarly al its iiiiss!. ; 
oiis criiniiials olT the s;u i 
recipe for public outrato 

But don't blame locil lb« enforcement 
ofTicials The melange of inappropriate pun- 
ishments and bungled cusc reviews that 
passes for u system of probjlion and parole 
in Ceorgia is brought to you tw your Legis- 
lature and Stiperior Court judses. 

During the period of nionihs when Km- 
,anuel Hammond aliecodly attacked Ms 
e, killed a College Hark man and raped 
second woman, he should have been in 

'1 for vKilalini: tlie •,.— i . •■ ' i probation 
■ a an unrelalcd crinio ii.5 L' ballon olli- 
eer somehow failed to keep irick of him 

That may have been uruen off as a 
simple case of human error 'villi horribly 
tragic consequences Riil a? flale Correc- 
tions Department spokesman John Siler 
said. "Things like this are not uncommon." 

Thai's because Georgia h^ a ridiculous 
non-system, unrealistic and unwieldly. for 
keeping track of lawbreakers il places on 
probation or parole II ines lo punish too 
many people for too long f:r too many 
crimes, making it imp ^Mt - lo keep up 
with the violent ollcncir- -c Hammond 
Some judges place felons on probation for 
as long as 20 years, noi onh amassing an 
unmanageable caseload but making il likely 
probationers will be sent to prison for triv- 
ial probation violations and Lake up room 
Ihat should be reserved for violent crimi- 
nals. 

Currenliy. 2 percent of Georgia's adult 
population is either in pnson. on probation 
or on parole — an exUrmeh high percent- 
age. In 1983 and 19&t. Georaa s probation 



rale led the nalK.ii In I'iSfi Cenigia slipped 
lo No 2. belli lul Texas 

The leasoir.' Ceoigia s judges have a 
penclKiiil fur imredihlv h.iit; prohalioii 
terms Then- are curieiilly I2-).(KKI people 
on probation in Ceorgia and an additional 
15.269 on parole (Parole is given only after 
incarceration; prcibati<iii iiiav come in lieu 
of jail or ader a jail leriii 1 Moreover, the 
system is poorly organized and under- 
slalTed The Depailmenl ol Corrections has 
576 ofl'ireis lo supervise llie 1 24.000 proba- 
tioners A separate department. I'ardons 
and Paroles, has 267 ofllcers lo supervise 
the 15.269 parolees 

A sensible :ind timely Hx was proposed 
a year and a half ago by a group of criminal 
justice .-\piMl-; ;,i)polnlid hv <;..•/ Joe Frank 
Harris Tin \ Kcoiniiioiicu d llial probalKiii 
and parole terms be liinited to just five 
years and that eombiiulions of prison and 
prohatidii be prohibited Thai way, there 
would not be nearly so many people on pro- 
bation And. instead of having to keep up 
with cheek-forgers and pickpockets for 
pointlessly long periods of time, the slate's 
probation and parole ofTicers could concen- 
trate on violent offenders What happened 
to the legislation'' The Senate passed it, but 
the House balked 

Ix'gislalors knuckled under lo pressure 
from prosecutors and Superior Court 
judges, especially Superior Court Judge 
Dan Winn, chief judge in the judicial cir- 
cuit where House Speaker Tom Mufphy 
lives and often practices law The judges 
didn't want lo surrender any of their clout 
— or any pari of their claim to a tradition 
of "lough" sentences. 

So the judges protected their tur& rath- 
er than the citizens of Georgia And Ihe citi- 
zens of Georgia are paying the price. Just 
ask Julie l,ove"s family and friends 



Imposing a Cambodia Pact May Be Futile 



Barring a lasl-roinule turnabout, the 
Paris conference called lo work out a Cam- 
bodian peace plan is headed for a crackup. 
is a sad but nol unexpected outcome, one 
lat means the 10-year conflict to oust Viet- 
am's occupation arm> will doubtless be 
followed, after the Hanoi-ordered withdraw- 
al on Sepl. 21-27, by Cambodians killing 
Cambodians in a struggle for power. 

Don't blame the irr.c. • on o„'.^ do 
T'---cn V-s» ef r 



DO 



billed as a last groping for a Cambodian ac- 
cord (though il probably isn't) 

The State Department lays Mr. Baker's 
no-show lo frustration with the stubborn- 
ness of Vietnam and Its creation, the Phnom 
Penh regime of Premier Hun Sen — a trou- 
blesome contrast It says, to Ihe flexibility of 
Prince Norodom Sihanouk, the titular head 
cfthe Cs-ih~i;rn rc'st^^nrc 

:-: Theuj). v;^'^.!n'•■ 
• ■ ^.| PC P.i.. Jl--: 







r 



I want vwitol' 

tiame you.Youre 

Iraportint per&: 

\ l<Je. bliiied othei 

v^ \ say a bad woTii abc 



Letters to the Edito; 



Demands of DeKalb School Board Mem' 



The De'Kcb County Board of Edu 
cation has uKen a very positive stand 
in trying lo i*i aside all vestiges of a 
segregated s-chcol svslem as staff as- 
signments have been made 

This leuer addresses the dissension 
and discussions ihal have arisen during 
the past t»t) months that have caused 
board member Phil McGregor and the 
NAACP to disrupt two Hoard of Kduca- 
lion meelinp 

The er.lire upheaval has been 
caused by Vr McCn?gor's statements lo 
the black c:-~unily Ihal alleged that 
the board -a '^i giving ihe black com- 
munity lis fiir share of promotions and 
that there were no black 
adminislralors. 

The Board of Education, not Mr 
McGregor and Ihe NA.ACP. decided that 
rather than have three associate super- 
intendent reporting lo the deputy su- 
perintendent under a reorganization 
plan, thai ihere would be four associate 
superinlendenis. two white and two 
black. 

The enure dispute, and this was 
confirmed in Mr McGregor, is that he 
was upset because he wanted the posi- 
tion of associate superintendent for ad 
ministration, in charge of supervising 
the execulne directors and principals. 



to be filled with a black and he wanl> 
to name that individual 

He accused Supennlcndent Robt: 
Freeman of lying lo him, but in a 
open meeting prior to any promotions 
the superintendent had slated that h. 
would bring public only a recommenda 
lion for which he could gel four votes 
Mr. McGregor's candidate could nol gel 
four voles. 

The board attempted lo confe- 
upon Dr. Eugene Walker the title of a' 
firmalive-actlon officer as well as he: 
of personnel Mr McGregor publicly t 
jccted to Ihal and vitnted to ni. 
someone else who would report dirv 
ly to the superintendent Prior to Ih. 
discussion in June. Dr Freeman ha 
recommended that a minority perso 
who holds a doctorate be appointed a 
afTirmalive-action ofTiccr reporting di 
rcctly to the superintendent Mr. Mc 
Gregor objected to this He held up th 
appointment and confirmation of a ft 
male black assistant superintenden 
who has a doctorate for three month 
because he objected to the individua 
The board finally made the confirmc 
lion Mr. McGregor attempted to bloc 
the appointments of the first and sei 
ond black associate superintendents i 
the DeKalb school system. 



Wm- 





PAniiMimnA*-;,,*, 1) Hon were also filed aRainsI Mr >i-t> laimliar »nh the law said 
(rtint<>nJoyner(righC( HIarkwell Wi-dncsday by Ihr Do Thi- aniondmcnl provido;, in 



"tAL Corii,„u,a 



HAIR WARS IN HiNRY 



fne for an Education, 
I Fashion Show.' 





M-"'''^-rV^^:.i^i^^^?^^ 



kVedncsday as another student lowers the flaR to half-stafral Ihe Henr\' sehools offices. 

h School Officials on Dress, Hair Code 



ARTICLE, PAGE C2 



Laiikford 

Inquiry 

Continues 

Successor List in Works 
In Case Sheriff Indicted 

By David Corve tie 

•.,.,() \lnl„ 

Kullon County ofricials are pre 
paring a iisl of polcnllul successors 
111 Sheriff Hirhard H I.ankford in 
the eveni a federal kickback invesli 
Rulion resulls in Ins mdiclmcnt and 
suspension from ofllce 

SeverdI governmenl and law en 
forreiiHMl sources close lo the in 
vestigalion say two cenlral fiinircs 
ill the inquiiy have provided evi 
deuce iitainsi Ihe sherill and lesli 
fied hefon' a federal grand jury' 

Shenfl' Laiikford said W.-dnev 
dav Ihal Ihe inv<>sli>Cali"n. nn« 
.M-;lrl> ;^. .^.■,n,..l-^. I-.": -I ,.-•:.■.■ • 



•■While 1 resperl Ihe Kill and 
Ihe IliS 1 disrespect Ihe niiinners of 
inliniidalion by invesligalors lo try 
and force sonielhing out of people 
thai does nol exist. " he said "II is 
still my conlention that I have done 
nothing wrong" 

According to well-placed 
sources, who asked nol lo be named 
because of the sensitive nature of 
Ihe iniesligalion. Jack T l.eCroy. 
principal partner in Ihe company 
thai provides food services to Ihe 
coiinlv jjil IS among lho.se who 
h.A.. • ;.;i:l.i ac.niisMI;- ■.h.-:in- 

Mr l.eCroy declined to conririii 
that he has testified to the grand 
jun' Tm nol going lo answer that 
question " he said 

Ellis 1. Brownlee, the former 
chief jailer who sources say also 
has teslified against the sheriff, did 
not return repealed telephone calls 

Marshall L Mitchell, owner of 

FULTON Conlinu8d 0nC12 



i^'eekeiid 



filled its 52 condomini 
n additional 80 time 
according to spokes 
ly Schriver 

I spots close lo Atlanta 
ng on huge crowds 
jardens is expecting 
)rs. many of whom will 
lay bikmg. swimming or 
largest living bulterfl) 
^ North America, said 
II. a spokeswoman for 

iJens will be the location 
Ih annual National Kid- 
ilion Inalhalon Sunday 
Lanier's SloufTer Pin 
U omcials said they also 
be fully booked by Ihe 



, aren't driving as 
-—Jities around Allan 
JJjUle of Atlanta re en 
rtdiy. Saturday and Sun- 
rtville; the User show at 
"Uin. which closes for 

■"roads coum-s fa- and 




DeKalb DA, Judge Blaine Each Otlier 
For Allowing Haiiimoiul to Go Free 



By Adam Gelb 

S(,,/7»nl,, 

DeKalb County's district attor- 
ney and a Superior Court judge 
blamed each other Wednesday for 
not having put convicted felon 
Emmanuel Fitzgerald Hammond 
back in prison before the nighl he 
allegedly killed Julie Love 

District Attorney Robert Wil- 
son said Judge Hilton Fuller is re- 
sponsible for dropping probation 
revocation proceedings against 
Hammond The judge, however, 
said he only let Hammond out of 
jail until Mr Wilson's office called 
for a revocation hearing — which 
il never did 



The confusion apparently 
stems from Ihe fact that the 
judge s decision — made during a 
conference with two assistant dis- 
trict attorneys and Hammond's 
lawyer on March 23, 1988 - was 
never written down 

Judge Fuller, chairman of the 
Council of Superior Court Judges, 
and Ihe two prosecutors each have 
different recollections of what he 
meant No court reporter was pre 
senl and no formal written order 
was issued 

Hammond's attorney. Harry 
Hutchinson, said Wednesday he 

DISTRICT Continued on CIO 



Woman Charged With Child Cruelly 

...p'»T-> ' , '^ C ■ ^ 



- 



•*rtmonl 

A pri-., 
Sandy Sp, 
Charlies SI 

The t 
April 21 I 
suspect If 
branch ii 
Itank bra 
niessenge- 
19 robber 

FBI Si 
Georgia i 
from the 
held with' 



Cnbh 
agency wi 
tape that 

Willia 
Cobb Coo 
Harragan 
'lav on oi 
1' T and 



Pull! 




c 



c 



L' 



CIO el>r Afl.ml.i HuiiTM.il (MMONsllM lliiN THURS AUGUST 3 1 , 1989 ... 

District Attorney, Judge Blame 
Each Other for Freeing Hammond 



did mil recall handling Ihc case or 
any dolails about il 

In a prepared slalenienl, JiidRe 
Fuller said. I authorized the re- 
lease of Mr Hammond from custody 
pendiiis a full he.inns based on the 
nature of the subsequent charges 
and his record on probation as pre 
sented to me at the time Wh\ the 
probation revocation liearini: was 
iiol set. I cannot explain, as peti 
tions for revoca 
lion arc pre 
pared bv the 
District .Xtlor 



llaniii 



24. 



arivste 




'Beth iHqffcf 

Messranic 
Congregation 



Friday, erev Shabbat Senate 
8.00pm, - 

Saiufday-, ShaDba'i St-me 
11 DO am 



SSOPmeGioveRd 
RosMil.GA 



Hammond 



■| on felony ucar 
nns and spee.i 

' iiii; cliarccs ir 
liapcMlle on 

Feb 20. lima. 
Ahile he was on 
i'robatioii for a 
1W.1 kidnaiipini; 
.(lid armed rob- 
bery conviction 
He and his cous- 
in. William Mau- 
rice Porter. 20. 
are charged 
»ith abducting 
and nuirdering 
Ms 1.0\e on July II. 1988. and Ham 
niond has been named the suspect 
ill a rape and attempted murder in 
M,.v lySS. o:-d 1-, ,i -.'.^.r-.i ir. ,\i;,;ii.l 
liiSB 

If Ills probation had been re 
voked. Hammond would have been 
relumed to slate prison 

Mr Wilson contended that in 
the meeting Judge Fuller canceled 
the arrest warrant charging Ham 
mond with probation violation, mak 
ing it impossible to revoke his pro 
bation He said if the judge meant 
lo set Hammond free only until a 
lull hearing could be held, he failed 
lo communicate that 

It s not only his derision. it"s 
Ins order and when it s his order 
then regardless of what he intend 
rd, how It gets commuiiicaled is 
what you end up gelling." Mr Wil 
son said 

The prosecutor said DeKalb 
sheriffs records and probation files 
indicate that Judge Fuller, who 



signed the probation nolaiion ar 
rest warrant Feb 29. I9S3. recalled 
that warrant March 23 

A copy of a sherilfs warrant 
record obtained by The .-Mlanta 
Journal (oiislitulioii includes the 
handwritten notation •Uecalled 
per Judge Fuller 3 23-88 Warrant 
returned 0-1-06-88 from Fulton 
County ■■ Stare corrections oPTicials 
have said Hammond s probation of 
ficcr noted in his file .March 23 that 
Ihe charges - apparently the pro 
bation violation charges - had 
lieeii driu'ped. but I'.e otficer can 
not remciiiber wh-. l-.id her ih^l 

Hammonds DeKalb County 
court file contains no records of ei 
Iher an order lo lifl his no bond 
probation hold pending a hearing 
or an order recalling the warrant. 
Superior Court Clerk Whit Smith 
said 

Court officials said no orders 
are official unless they are commit- 
ted lo paper but the> said many are 
not ■'ICs not unusual Ihat some- 
thing like this would be handled 
over the phone." one court official 
said 

■| would not na-.e dismissed Ihe 
Iprobation violation charge] without 
a fiill hearing." Judge Fuller said 
■Records which mav indicate lo the 
contrary are in error I share the re- 
gret of all concerned that this mat- 
ter was not pursued so that this 
court could have acled on the pro- 



Georgia 
Newsbriefs 



Prisoner Gets S More Years in Tax-Fraud Scheme 

MACON A state prisoner was sentenced Wednesdav to serve five 
years in federal prison for his role in a tax fraud scheme 

The inmate. David L Williams, led a scheme in which he and five 
fellow inmates at Rivers Correctional Institution in Hardvvick filed false 
income lax returns to try lo gel refunds by mail Authorities said Ihe 
inmates produced phony W-2 forms claiming income and filing for re- 
luiids on Form 1040-KZ 

Prosecutors said prison officials intercepted the refund checks Ten 
of the returns filed during early 1986 - claimed refunds of S1.31609 
each All indictment alleged that four other returns filed later in 1986 
■ II during 1987 - claimed refunds of $1,729 each Williams is to begin 
••ei-ving his five-year federal sentence afier he has finished serving a 
l<*82 spiiience of 20 years for armed robbery 

^"^n' ^•■;- racer's ^' • 



balum revocalioii |H>lilio;i 

The two prosecutors present at 
the meeting disagree aliout whal 
was decided James Uirhter. a sen- 
ior assi.slanl district attorney who 
prosecuted Hanunond in liie l!m3 
trial and tried lo persuade Judge 
Fuller not lo release htn; said 
Wednesday the judge clearlv re 
called the warrant 

Klein Pri'les. a junior prosecu- 
tor who has since moved lo Wash 
inglon. DC . said in a memo to her 
former boss written W ednesday that 
".ludge Fuller decided lo remove 
Ihe prub:ili.in hoM s;-.d .•, . Km- 
nianuel Hammond lo make me bond 
that had been set for him in Fullon 
County " That action would have al- 
lowed Hanunond to post SI 550 bail 
for Ihe weapons charges and be re 
leased from the Fulton Counlv Jail 
— which is what happened - but it 
would not have barred pro^cculOl•s 
or probation officers from seeking a 
revocation hearing 

Contacted by phone Wednesday. 
Miss Pryles said she doesn t recall 
exactly what the words were The 
only thing 1 can recall is Hammond 
was getting oul and we werr uo':*'! ' 

Mr Kichter and '.:;" -T;.!.- 
said they warned Judge Kii -t Iti.il 
"the blood of Hammond s next vie 
tim will be on your hands' and that, 
"Someday. Judge, vou will pick up 
your morning paper and read where 
Emmanuel Hammond has struck 
again ' 



Woman Charged 
In Cruelty .Allowed 
To Keep Toddler 

Fmin Pafic CI 

Ms Johnson, whose child re 
wains in her custody, told Ihe offi 
cer Ihat Ihe child had been 
scratched and burned while playing 
with a curling iron, according to the 
report She was released at the 
scene with a copy of the charges A 
preliminary hearing scheduled 
Monday was postponed until Sept 
19 so a public defender could be ap- 
pointed lo represent her 

According lo Ihe police report. 
ofP'-ers were flawed down Frirt.-iv 



Jmtvf ■ak»(, Afnttiea't Ua**«i fcj» J »-'» 



a 



y 



noWSALElHU 







[ 



5.97 

Sale Price Bag. Choice ot l< 

Gieen 10-6-1 ' (oil wir-e- (ert 
tormula lot southern g-csses 



Booo*o Geo:: *<04»t 




2.27 

Sale Price Bag. Bermuda 

grass $e«d. 1 -It) net *•' 

S-lb.* Bermuda Oross SeM. 11.7: 




3.77 

Sale Price Bag. Annual/ 
perennial ryegratt seed*. 
le-lb.** Tall Fmcu* IJ.47 



c 



a* 



iiitKS to resume teaching <*' -'-"^"'oii cheered 

II (, unity, whore many ~«^* are good people, and 

1, r,-,t support and encour "-^ = " "ay «« ^^n ever repay 



sited 



ii8 Resolved, 
iiet Again 




THiiJl, 
trox'ersy 




GRtG FOSTi:R/Sp«ial 

candidate for ar^v and once elected 
: to contend « :3 mi lo staff to oversee. 

Kcnknighl "~:.-. --•7 ihing created such a 
storm that 1 r.^: .- :.■ ;r. a suit and go down 
to the Cou nt) ' r - L;;on because of all the 
controversy lin tr-:a sirred up " 

The dispaif 3-™rted city ofTicials to 
start holding -f^^ ronthly meetings and 
run regular nH-?_-:£ ainouncements in local 
newspapers 'jr-i election notices that 
once were posifc x i .'oke machine in a lo- 

WOO«_SO izmnued On C3 




lllf Male ttjro di'iidi;,. Mr MocK 

said, the ix'ai txiard would meet 

with an an^mey before taking ac- 

EX-TCAOCIt Conlinusd on C3 



Hammond 

Facing 
New Count 

Siispeci in Love Slaying 
Linked :o DeKalb Case 

E< AdamGelb 



DrKi : founty authorities 
ThurT>da> ":^reed Kmmanuel Fitz- 
gerald iii'-ond. one of the ac- 
cused kii-'-: :f Julie Ixive. with ab- 
ductint: t:i: -cbing another woman 
and slid •; ■-" ihroat two months 
before V: _.f disappeared 

The > r - ii ho was raped, was » 



Ion for "■ 


: '. the same dumping 


;;roun>1 - 


; 'Is Love's body was 


f.iu.-i:^. ; 


; :^nivcd. 






^f ' 


t.?r Iht . 


"_"..- 


ffi^^ 


the Ma» ;. 




J^JUyinKb 


tack id^r 


- '.id 


HBUNHP 


him in i 


:.7'up 


w^^^^^^H 


at the I- 


Vilb 


T^^^B^m 


Public 


= >!) 


^^idnBHH^ 


complex 
ratur. 


: De- 
•; ice 


Hammond 


said Auu 


r-'jes took a sample of 


his blood 


■.r romparison tests with 


that oflh- 


-1- who raped her. 


DeKi! 


. iincl Attorney Robert 


Wilson dr 


t-rd 10 say whether the 


victim p>:- 


K out Hammond in the 


lineup ' 


_ ■ ; ";Ccr who was there 


cail.d .: 


- ■ i.ie best ideiitilica- 


lions rd .- 


-• -q 


uite some time." 



Harr.r' -•: ;> being held in the 
Fulton C;..-:.. Jail without bond in 
the sla>:r4 :■' Vi Love. 27, and De- 
Kalb aLi:':""'.!?! plan to prosecute 
him after .le Icse case is decided 

Accorcjf to police, the DeKalb 
case is s:n jr to the Love killing. 
except tfe toman they say was pre- 
sent dur a£ il>« first attack didn't 
turn in hf i-i-umplice 

Michr r Jickson was convicted 
in the l-'-^i case in June 4988, 
and is '■r 
terms f( ■ 
jury ar: 
years ft- 
Wilson Si/ 
Thursda> 



t*o consecutive life 
:-i:puig with bodily in- 
:--rd robbery, plus 20 
;£.;-avated assault. Mr, 
: .Himmond was charged 
I -.- the same offenses, 

DeKil: ^>lice arrested a man 
in Augus: .jCS for the crime and 
the victir ceotified him in a line- 
up But h« tis released after genet- 
ic testing sicked he could not have 
been the iri-i vho raped her. 

Ms Jft-on apparently never 
told auti^i:'-'--" who she was with. 
but Jani:-T »eldon did. In a six- 
page staier-rW to Fulton County po- 
lice — njj:-? 13 months after Ms 
Love vai iz^ and the day after 
Hammon: i./eeedly beat Ms Wel- 
don and a-^tened her life — Ms 
Weldon ri-<d she was with Ham- 
mond an: :_' cousin. William Mau- 
rice Pone- men they abducted Ms 
Love fron • ^'.iiet street near Buck- 
head Jul; .; 1S8 

Ms Wrcoo said that about a 
month afU- V.s Love's killing. Ham- 
mond "p: -'.r^ at a place off John- 
son Roac »r»-re he said that she 
was. and i=o the first white lady 
that he rj; iiilled" Police said 
Hi-.. : ;:;^rently was unaware 
thai :^e -r..- of the May attack 
!... '. siirki»'?a 

' ..» drills of the two cases are 
•,:'- '-- '''•oV:'*^ v''l«m. a pro- 



of her and took her hands** ,ln 
afTeclion . * 

Hospiui X rays detailing mot« 
than 20 fractures on the tiny bodies 
of Alexandra and Gwendolyn Ru- 
pert led authorities to tjclieve that 
the couple was less gentle with 
their babies. Both parents were 
charged with two counts of cruelly 
to children. 

Mr and Mrs Rupert remained 
in the DeKalb County jail Thursday 
night They were being held in lieu 



■Seou. 

j£e«U 

Tbt I 
fanlk 
be tr. 

tion, 
had fi 

the c 
she Y 
polic. 
tified 



Metro Ai 
Newsbi 



Judge Dismisses Lawsuit Again; 

A federal judge dismissed a lawsuit Thu 
ty Sheriff Earl Ix'c. who claimed the case w 

The lawsuit filed by Michael Nolin. a fo 
ftilly ran against .Sheriff Lee last year, alh 
privcd of his right to due process when hf 
and then demoted from deputy to cook at tl- 
had worked for tiie Douglas County Sheriff 
signed Nov 11. 1986 

Mr Nolin's attorneys presented three 
ber jury, including testimony by Mr. Nolii. 
motion by Mr Leo's attorney, Donald Ho' 
L Viniiis said Mr. Nolin had not been <• 
rights wlif n ^•' 'v.-j"; demoted and threw 01 

Eastern Flight Wrtti Engine Tro 

An Eastern Airlines 727 with 103 pe 
emergency landing Thursday at Harlsfiele 
lost power in one engine, said airport and 

None of the 96 passengers or seven ci 
Flight 241 was injured in the incident, whi 
plane departed Hartsfield at 2 20 p m for I 
Eastern spokeswoman Bobbi GiordanoJ^iic 
the airport, she said, and passengers were ( 

School Employee Facing Drug ( 

Tin Atlanta schools employee who ' 
charges of Irjfl'u'tiinr in -oraiiie afl'-r a!' 
c<Kai:ic I- u;,-ic;':i'-V' r G:il a^^-'iiL'^ oi:; ■ 
suspended without pay, school officials 5 

Thomas Wade Glass, 38, of 1275 H: 
Thursday and will remain suspended "ur- 
spokeswoman Murdell McFarlin said. Mr 
school system nearly 17 years, was an exb 
while working a noon to 8 p m shift, Ms N 
known as a generally good employee 

Ms. JlcFarlin said Mr. Glass, who is be 
Fulton County Jail, rarely came into contac 

S.W. Atlanta Man Charged in ? 

Atlanta ho;.iicide investigators have 
man with beating his girlfriend's 3-year 1 

Clifton Ijmar Burton died Wedncs 
Hospital- The boy had bruises over a ". 
said Dr, Steve Diinton of the Fulton Coui,' 
which appeared to have caused brain dam: 
doctor said. "That's the only way to explair 

Thursday afternoon, police arrested H 
cade Road and charged him with the murd 

Developer Charged in Bank Frt 

Ayanta real estate developer Freden:' 
pie indicted Wednesday along with formcT 
Butcher on charges of bank fraud and cons 

The 51-count indictment accuses Buu- 
loans and using the money to pay defense 1 
interest on earlier fraudulent loans Also 
time partner. Earl D Wilson, currently ; 
term, and Wilson's wife. Harrictte 

Mr. Slreck is named in five counts of i 
an for the US Attorneys Office in Orlanc 
"participating in fraudulent activities" 1 
Bank of Orlando If convicted, Mr Strcck, 
Florida, could be sent to prison for 22 yea' 



Broker Bows to Injunction Afte 

Real estate broker Gordon G Blackw 
contempt citation Wednesday, removed fc 
the front yard of a house he owns in Ston 
Thursday. 

Mr Blackwell of Sandy Springs, was fc 
Irict Judge Ohnda D Evans after he disrc 
tion by erecting the three signs The Aufc 
selling or leasing the house, which he all 
I '.' f.r.^r he c*. cc-.cr«; I! • • re t.'--' 



c 



G 





W/4 million nii i;--i_-^ -fiquesi, op<:raii»ni win iry u> oo a nanu Aia 
most of which vA za r «jt 2 ol approach to kccp it on line and try 
the $887 billion °^- <!te lucle lo ran it when it should be down " 
ar power facilit> "■-. li-ttsran Mr. Miller added. "It's some 

more than five ri:i.- rjjf- ihan thing that happens frlsewhercl. 
normal so thai oir-.-^-w could quite (t'ankly, and mans^ement of 
finish a day eart> the company is quite concerned 

Georgia Pc»i- '-jj must how performance standards like 

submit their M-na- -run^i. lesti this will (low down Ihc ranks " 
niony Wednesdti " . ..mi wit On another issue, several com 

ncsscs will takt jr :u:^ icun the missioners again sharply ques 

week of Sept. i; i; -.r.z^vj (war tioned the value of large scale con- 

ings in the raU rtr ^e rSC al scrvation efforts as a way of 

ready has scheSwie: rCL 3 vote avoiding the cost of building future 

on the request power plants 

During TKl- i -fj.-ings. James Clarkson cf Southwire 

Commissioner E ■ _■ ; :_s>uted Co testified that exptnsivc new 

Georgia Power ■ i-.u- ::ji per plants could be replaced by conser- 

formance stanii-; - :;clear vation and programs designed to 

units would creui wecci. safe- cut consumption or reduce peak 

ly problem at the v^z^ load and by power fixsm indepen- 

Witnesses fo" U; '^C ixS rec- dent producers 



Slate Me- 
OnWa>t 



ByChir^ =a 

SUTf 

Georgia's hi: 
cincralor may r.:» 
til 1993 — and :'r: 



>i=:i in- 

:r'-TC un- 
■.i-S said 
■ ;iaer 



Tom hi-. 


-• .kv 


planning and e-- .- 


■ -■* En- 


vironniental .- • 


- -.iencv 


(EPA) regions ' 


: -^jnla. 


said Oorgia sr.: •. - 


-t: i.-? the 


only two staler : j- 


--•?is ihal 


have not yet s.r *• 


1-= r..-.an 


agreement to »;■-. . 


- - -.le de- 


velopmenl of s rs<i.?r 


u tsjie dis- 


posal plan. 




He said if Gef-i; 


^•?s\ join 



Be Dealing Its^f Out 
Disposal, Feds Warn 

the interstate compart, it could be 
barred from disposing: of its hazard- 
ous wastes in other sLaics 

South Carolina s^id Alabama, 
which receive much &t the 76,000 
tons of hazardous wa*t-:- now gener- 
ated in Georgia each yv'sr, have al- 
ready threatened '■■:■ r-ar further 
shipments. 

Georgia pln.ns t>. • --Id it,-; own 
iiai;arrioj.' .iv.ste d^^-i.- . ;il :''■:.: 1 ir. 
Taylor Ciuinly in wtsi^.-entra! Gtor- 
gia, but slate envirtaKinental offi- 
cials said Thursday Ihc plant is 
likely lo bo two or for«-c years be- 
hind schedule 

By federal law. Gr.ji^ia must 
show by Oct 17 thai st will be able 
to dispose of all haiiardous waste 
generated in the state — either 
within its own borders, or by agree- 
ment with other states 



Richard Riley checks the bU*d sugar level for his 4-year-old 
son, Andrew, who has diabevs. 

Day-Care Center Reneges 
On Keeping Diabetic Child 



By Connie Green 

Staff Wnirr 

The parents of a diabetic <- 
year old Gwinnett Counl> t:. 
were told Tliursd.iy by ofTin;.- 
of a Buford day care center L*.i.: 
they would no longer be resp«;»i- 
sible for the child because w 
needs special medical care 

La Petite Academy cared l.f 
Andrew Riley for seven monUii- 
but officials of the day-care eer- 
ier called the child's falht- 
Thursday to tell him lo q-,.;'. 
bringing Andrew to the center 

Richard and Ronda Riif' 
have always l)ecn pleased »t,i 
La Petite's care of their son. K- 
Riley said, and were shocked b? 
the decision because center pe- 
sonnel had never voiced conce": 
about giving Andrew dailj r .- 
cose tests to check his blood r.; 
ar level. 

Kr. Riley said he had r-- 
sonally lr.-in«d La Petite f-i' - 
and pimi.j.'d them with in'"-- ; 

linn (r.-- I :'!.■ A^.r-ri.-: n I" - 
A.ssociali.,!! (.n iiomi:ii.s-.r : . 
test, which involves prickir; :- 
boy's finger for a drop of ' :■:■: 
and putting it on a chemical pi: 
to determine if his blood si;ri- 
level is normal. 

Mr. Riley said there's ' r.o_-- 
ing we can do" about the p^:-e 
school's decision. "It's lx 
against the law," he said. "But I 



still think it's . discrimination 
i^ainst sick children" 

Ij Petite officials said their 
decision was based on liability, 
firlicularly since their centers 
nave no trained professionals on 
^ufT lo address special medical 
nt^ds. such as shots and blood 

iPStS 

By caring for Andrew, the 
Buford center violated company 
policy, which prohibits employ- 
ees from giving shots and blood 
tests to children, said Dr Rol>ert 
A Rodriguez, executive vice 
president of La Petite Academy 
Inc . a Kansas City-based pre- 
s<-hool chain 

"If we had a registered nurse 
or a licensed practical nurse on 
!Ufr. we'd do it in a second." Dr 
Rjdriguez said. "It was a mis 
u'pce to begin offering this ser 
■•ice" 

Two years ago. a private 
::nool in Atlanta dismissed a 7 
• esr-old with diabetes, but 
, r,td t.) r-.-.f)m;; Ih.? girl aO-.-; 
;--,ciilioii siaff in.jinbers w^ni 
u: the school and trained person 
r.el to deal with the child's 
rreds. 

The good news for the Rileys 
IS Ihat Andrew will qualify for 
p'jblic care next year when he's 
old enough to attend kindergar 
ten in Gwinnett County's school 
system. 



Hamnio • Charged in AMuction, Robbery 



Frxnri .■__ 

ducted about 113 .: u^ I 1988, 
from in front o' irf m-rrat on 
Rock Springs C;— k a •-.m Rock 
Springs in nor^riei^ i a-n Her 
attackers forcec itf nc ler car. a 
blue-gray IW, k?-^:- .m GS, 
and drove her u i !ss 3r?e in- 
stant banking rijic: :m^ i'^^ said 
DeKalb pc - ■--- i ; cture 
taken by a hid??: r;:?-- : r jne of 
the tellers thit ;• - ;.- y i sus- 
pect's face, c'^ --- ■ , "v iom- 



an was forced to w'n'n^i.<v a total of 
S200 

She was then takcu lo an illegal 
dumping ground on Grove Park 
Place, off Johnson Road in north- 
west Atlanta, where siie was raped 
and sodomized, police said. Detec- 
tives said Hammond then stabbed 
her five times in the chest, slit her 
wrists, cut her throat and covered 
her with a green blanket 

But the victim msae her way to 
the road where, alttr several cars 
passed without stopp'.-- a man and 



his child picked her up anc . ■;■( 
her to the Grady Northwest C:.: ■; 
Her rescuers have never been >ytz- 
tified. 

The skeletal remains of Vj 
Love were found in the same dum:- 
ing ground Aug 24. According to )ls 
Weldon's statement, Hammond mi 
Porter, 20, of Union City. abdun?d 
the preschool exercise teacher tter 
her car ran out of gas Ms We ox 
said she and Porter tried to u5-e Vj 
Love's instant banking cards. P:--_;r 
then raped Ms Love and Har.-::.: 
killed her with a shotgun 



Officer T:<tifies He Shot Teen in Self-Defense 



From rui .T 

lesby, who in set^>?-^5e 'ni his 
service revoh^- ;•; David 
stopped movinf u>ii-r- -jil ictord- 
ing to the defer_'» 

Officer Oglesr 3 i lecatur, 
now a patrolma: i: _ot L ^safied 
Thursday thai irj;c= » aot Da- 
vid, "1 did no! c :r jere's 
more lo it than -xa 

"It was a co!r-tt.i;_n: yes. 
he did die and . ai iK^i-Te my 
weapon six tim- in x »»s hit 
five times." he a3>?, ^-kz I was 
shooting. I wasi -,r^_-s mlleu 
He was cominf incr- ne with a 
knife, and I reinein?- m s;uiBing 
and going awai f-or » oc 1 was 
shooting the spa:* rpf- k »as ji. 
tacking me . 1 Dr. m jieaional- 
ly shoot him in uk xz. ' 

His testimoT^ ttreciied to 
t' ::tinuc this ii»o^_z_ 

The plainti!6 —u^c. -jai the 
shooting was aia -rz^s because 




Samples Ogtesby 



only 28 seconds elapsed between 
the. time Officer Oglesby first radi- 
oed in and when be reported that a 
person had been shol_ 

Two bullets hit David in the 
chest two in the arm and one in the 
back, the Fulton Couti^ medical ex- 
aminer, Dr Saleh ZaJd. testified. 
They Wfr? f. fi f-..-T- t- finher 
man 4 feet he said, £.i\i one trav- 
eled at a downward angle through 
David's body 



Traces of toluene, an ingredten 
of airplane glue, were found m Da- 
vid's blood, and evidence of marv 
juana was detected in his unne. Er 
Zaki said. 

Dr Zaki also said David va :- 
fool-9Vi and weighed 128 pounds it 
the time of his death Officer Ce- 
lesby testified that he is 5-foo(4. 
weighs 215 pounds and enjo.s-s 1:?.- 
ing weights as a hobby. * 

After Judge Orinda D Y.\~v^ 
originally dismissed the lawsuit 3 
1986, the nth Circuit Court of K- 
peals ruled that a jury must dense 
the significance of the physical cr- 
ference between the two, why Drr>d 
was shot in the back and why c* 
knife was found unopened near tis 
body. Judge Evans is presiding 01^ 
the trial. 

The lawsuit which asks for in- 
spv.irk.-) damages, was filfii i^.-.^ 
an internal police invesligatio:; ind 
a civilian review board cleared C'5- 
cer Oglesby of any wrongdoing 



-ParenUOpposeKiTifirPgry for School Makeim 



by Fried 
aC? 



for our acci 




FRIDA> 

SATURD 

SUNDAY 

MONDA 

6135 
(Bet\ 

PLEASE U 

FULL LENGTH M 

If Sold At Retail. Wo 
FOR THIS FUR LI 

NO PRICE LOWt 
SOUTH. 

ABOVE, JU£ 

". :^ATI3NO 
TO EXPE 




c 



c 




m^ 





SECTION D 



gljc Atlanta 3toumnl □ THE atlani 



LOW 




^ar*^ 







System 
Failed 
To Protect 
Julie Love 

CK'erhaul Is Necessar>', 
Before New Tragedies 

By Robf n t. WlUon 

\- /i,.i/,. ;,iu™/(...^i.i„i....: 

In the ancmiulh of irroiil ren' 
lalioriB abiitit those errvstt'd in Ihc 
Julie l,ove iBse. II is incumbenl 
Ujinn Uk lo hlep l):ick and Uike a ra- 
lionHJ and inli'lliKenI look at how 
mir irinilnul juslice syslem ran be 
mipmved 

1'li(T iii'W!. iiiodiu have ri^iliirully 
eiMiiluelird u thuiouKh sed:eli for the 
f.icb coiicrriiini; llio prison rt- letje 
jiiid jiirhsecjinMt pro*iuii*''n v;.i!,-ti •■: 
ofnaeiif the i.ll.-i;.-d |K'i-)>.nta;orv , i 
Ms. Love's murder. We miss tlie 
point, however, if we look for a 
scapegoat in the eriminal juslire 
syslem to blartie for this one ofTcnd 
er beinn at lar^e and ignore the 
broader issues liighlighled by Ihe 
case 

For years, those of us in Ihe 
criminal justice profession have 
been warning state lawmakers of a 
crisis in our prison, parole and pro- 
bation syslem Judges, prosecutors. 
parole board members and proba- 
tion and corrections ofllrials have 
liuig n>co^'ni,ivl Ih^il our rhlc.huorlc 

policies IS grossly inodequclo 10 
protect the lives and safety of our 
citizens In most cases, a cnminal 
defendant now serves only a small 
fraction of Uie sentence Imposed by 
a judge 

How have we arrived at this 
point' The increase in our stale 
population over the past two dec 
ades, particularly in urban areas. 
society's apparently insatiable ap 
petite for drugs, and the lack of 
quality education for many of our 
children hove brought social and 
economic problems that fuel the 
rir<>s ol cntiie While the cnme rait 
and the severity of crime have 
mushroomed, our response has 
lagged far behind 

Instead of making the lough de 
cisions to build adequate prisons 
for dangerous felons and adequate 
alternatives for less violent offend 
ers. our lawmakers have taken 
cheaper and more politically expe- 
dient steps Slowly and steadil.v 
over time, the laws enacted by the 
General Assembly and the policies 
and rules developed by parole and 
corrections otTlclals have reversed 
the function of the criminal justice 
syslem A system that was once de 
signed to' keep criminals in prison 
IS now designed to let Ihem out A 
syslem that once did an adequate 
job of protecting the public and 
punishing offenders now provides 
us with minimal protection and 

JUSTICE Conlinuad on D2 

Roberl E Wilson is DeKalb 
County's dislrici attorney 








Racism Is Alive, and Its Effect 



By Margaret Beale Spencer 

SjXYw/ /.» tin- ]ininwli\'tulllulum 

For an hour last Tuesday night, millions 
of white Americans got an uncomfortable 
look at what it's like lo be an African Amen 
can in this country If ABC's courageous doc 

Margaret Beale Spencer, an associate 
professor of educational stud^s at Emory 
University, is a developmental psychologist 
who has conducted research on minority 
children for more than 20 years 



umentary. "Black in White America 
nothing else, it demonstrated that rar 
alive and well in the United States 

Twenty five years after passing t 
rights bill banning racial discriminatii. 
21 years after the brutal murder of Dr 
tin Luther King Jr . who shunned vi 
and decried racism, this country is fa 
colorblind. 

As the documentary showed. blac> 
dren as young as 3. when presented »> 
lures that are identical except for skn 
will choose the white person as sr 



c 



d 



5 




ut S33 million a year, less 
in half of 1 fXTcenl of the total 
lie budget, and so would not 
■m to raise a m;yor iirohleni But 
r lon^-term growth \n this rove 
le cost may tn' much t;realer than 
i' l.egislature is anticipating — 
rauso of the projected increase 
the elderly population, and t>c 
:ise of likely political pressure to 
Dand the relief program 

The latter may be especially 
ixirlanL Already there are pro 
l-als to increase the Ix'nefits o: 
iired stale employees and teach 
I as compensation for the new 
I they must bear, some legisla 
ti are calling for a reduction in 
I threshold age lo 55. and the 
ftcr of indexing the exemption 
\ inflation will eventually he 
;ed. In states such as Miniiesola 
Colorado, such relief programs 
e eventually reduced slate in- 
le lax collections by niore than 
rcenl 

Th.! prop<.sa! now >.efi!'-e the 
Tiblv is i. .■ c :.x e<- 
diture — L'jat is. a 'Ivauaiim 
I taxable income. An alterna- 



tive Hould have been lo provide 
the subsidy in the form of a direct 
governmenl expendilure Tax ex 
pendilures do not carry the ncga 
live social oumoUitioii of a subsidy 
prosram and Ihey are relatively 
easy lo administer But they are 
also relatively invisible, they do 
not show up directly in the budget 
or in the lax rale, and therefore 
are less likely to be scrutinized 
and controlled 

Not All the EldeH) Are P.km- 

The best argument for a relief 
program for the elderly is equity 
Many senior citizens must live on 
fixed incomes and face heavy, or 
polcrtially heavy, medical and 
general care expenses A relief 
program targeted at those above 
reliroment age. the argument goes. 
would make Ihc tax system more 
equitable 

But all of Ihc elderly are not 
poor In fact, the iiercenlago of 
liio.c? ^r.rier 'o living in i"-veny i.s 
gria;ir tiian ihe percenuigc over 
63. Social Securit>- benefits arc in- 



dexed to inflation, while the mini 
mum wage is not Many retirees 
draw substantial income from pri 
vale pensions and annuities Ai)d 
medical assistance and properly 
liiv relief programs have alleviated 
the claims against the fixed in 
come budgets of the elderly 

The bottom-line question is 
this Why provide relief lo all the 
elderly in order lo reach the elder 
ly poor'' If Ihc objective is lo make 
Ihe dislnbulion of lax burdens bel 
ler conform to the ability lo pay, 
then why not cast the relief pro 
gram in terms of income rather 
than age' 

There is also the issue of 
whether an income tax exemption 
is the best instrument for provid 
ini; relief It probably is not The 
poer or near-poor elderly receive 
their benefits primarily through 
Social Security, medical assistance 
;(pd welfare programs. An iticonic 
t;!v evomption is of more benofit to 
the middle- and iipiior-incoin.- 
(■•'"■. tIv 

Ctrriiini; this is irue of tlia iVd- 
eral income lax age exemption. A 



dcrly and the mynad of sUte ex 
pendilure programs that arc dc 
Signed to reach senior citizens? 
The ccnlral question that the I*g 
islalure should grapple with is 
how tlic whole fiscal system treats 
the elderly and whether this par- 
ticular propos.-.l IS necessary lo 
biiiig the •vM^ni tiiore in I'.iie vilh 
what the voter.- want 

What IS the nghl Ihing lo do? If 
the bigger questions about the 
goals of the state lax system have 
not been thought through, then the 
b<-.st strategy in Ihe upcoming spe 
cial session is lo respond lo the 
federal court mandate narrowly. 
without committing the stale to a 
long range course that may prove 
undesirable Compensatory bene- 
fits to retirees who are losing their 
lax exempt status could satisfy this 
objective 

In the longer run, Georgia 
needs to undertake a comprehen- 
sive reform of its lax structure that 
conforms wilh iLs broad social and 
economic goals Only then will 
Illh hour decisions about which 
food to exempt from which sales 
tax. and how large an income tax 
exemption will be proviJed lo 
which group of elderly, be re- 
placed by more Ihoughtlui debate 
about how any proposed tax meas- 
ure fits Ihe slaiet Tiscal objectives. 



FOHl'yj :.' s.'i ouUej for com- 
ic or r.Mhml 



mfirjiiy -i* ;•' 
issues of .'.'.'a.' 
concera 



Across Africa the Lotig Way 






17^ 



t: 



2. Rtporttr ttkei • plan* from 

/0\ ENGLAND/7^~~<^ l-»9»« to London, than c»lch«» 

./■^^ i^<(Sj / [^■' — t pl«r>« tioT, London to (^Iro. 

; 'J ^^^Hf'^ sl_^ H« ifTlvM <7 1/2 houri after 

■■^^ondonC^ ^(!S?^^ iMfing Accrt. 




Attanlle Ocaan 



1 . Rtporttf dspartt Accra, Ghana, 
•n roult to Cairo, EgypL After 
1 nop In Lagoa, Nigeria, the 
plerM loee* in engine and la 
forced to fiy back to Lagoa. 




Justice System That Failed 
Julie Love Needs an Overhaul 



KMBERLV PARHon/sien 



1 plane cjipped right. The plane jerked left. The plane 
t under ixintrol again. But it listed, like a flying aab. The 
3iwas making a long, descending turn. Could a 707 
"". one asked the window, in one of those braided mud- 
^vertieds far below^ Would the insurance pay off one's 
Express bill'' 



ai 



• you can't go 1(X) feel in Nige- day mominj Alas, at the appointed 

juiout paying orr some fixer or nme the plane's door wouldn't 

\ pm-,i„.,^ .u„, ^^ Ij^^ j.riit.!- h,j lo find 



^'>^P'oyed gunman - three 
^Jtws who were either carr>- 
•I Ijeir lugger or who didnl 
■J' damn about iheir luggage 
•^fl to Ixjodon. ^^ 



another plane, and it left 
hours laier 

At 3 a m on Wednesday the 
plane landed in Cairo At 4 M — 



From Page Dl 

renovate in the face of lawsuits, as 
minimal punishment 

Only a few years a^o. our parole 
-■..;. >i ;:;-ied us U.ai a mi'isial 
would sene at least one third of his 
sentence Thai in itself, of course. 
wcs a low figure Because of the 
pressure brought to bear on an 
overcrowded prison system, howev- 
er, even this rule has been aban 
doned Today it is rare for any de- 
fendant to serve a third of the 
imposed sentence The diligent 
work of police officers, prosecutors 
and judges is meaningless in a sys- 
tem where the sentence is not ear- 
ned oul 

Now is Ihe time lo examine our 
sj'iem and rebuild it The system is 
nc. oil wro"?; in fact, its framework 
IS sound But it does need an over- 
haul It will lake thoughtfulness. en- 
ergy, planning and a willingness to 
commit our resources to the No 1 
function of government — public or- 
der and the protection of citizens 

Obviously, we can't just build 
more pnsons and expect Ihat our 
problems will be solved But prison- 
building IS a major part of the solu- 
tion During the last General As- 
sembly session. Gov Joe Frank 
Hams recommended — and I com- 
mend him for it - the allocation of 
funds lo build space for 5.(XX) in- 
mates Vet studies show that even 
after these spaces are built, we will 
remain more than 5,000 beds short 
of our current needs 

The correctional system' must be 
run as a business That means we 
must act on sound management and 
fiscal principles day to day, month 
to month and year lo year, rather 
than maintaining the status quo and 
waiting for a crisis lo strike It 
means we must look ahead with 
Imf.rsree pi.irninc It Teans 
siejd.v building, tonslar I reiuualion 
and e\erdiligenl monitoring It 
means we can't have years in which 
the budgetary process simply ig 
nor^i Ihe n^«j to expand arvt rr^no- 



we have done loo often in the past 

11 is time lo make an intelligent 
analysis of what our prison needs 
will be tomorrow, next year and a 
decade .iv .■:., inc th-j.-, cn~-r,n n<,. 
rosoiiixes i;r:<siary lo mcel ihos*. 
needs. 

Among the needs I see are more 
prison beds for dangerous felons. 
We can no longer commit the folly 
of granting early^felease lo violent 
criminals while pretending that 
they are not really violent 

In addition to traditional prison 
sentencing, we need creative alter- 
natives for nonviolent offenders 
The criminal justice system must 
have sufficient work camps, diver- 
sion centers for drug and alcohol 
treatment, probation detention fa- 
cilities, shock iicarceralion units, 
intensive probiiion resources and 
mental health facilities to deal with 
those offenders who do not need a 
more secure prison environment 
and whose problems need special- 
ized attention 

Once we have sufficient prison 
and incarceration resources, then 
we can turn our attention to the is- 
sue of sentencing The Legislature 
should amend our sentencing slat 
utes to make them more like those 
of the federal s>-slem, which puts 
more limits on judicial discretion 
Many defense allomeys and their 
clients have complained of the n- 
gidlty of the federal system Private 
citizens do not complain, however, 
because those guidelines protect 
the public interest 

All of this will require an ex- 
penditure of funds heretofore un- 
matched But 1 think we as a society 
have the will to do what is neces- 
sary lo save ourselves and our chil- 
dren from becoming an ever more 
fearful class of victims 

Julie Love was the very highly 
publiciiid uoi!n. of a tragic crime, 
but she IS not the only iictim In my 
work I have seen hundreds of oth 
ers like Julie I,ove who have not 
had the protection they deserved as 
rili:eni of i f've «'^'.- "■ ^ - -'■ 




c 



c 



a 



By David KSecrcsl 

Sl„fl M'rtr.T 

While ulililips ill the slalr and 
around Die nation arc RivinR con 
sumcrs more infonnalion on Iheir 
bills. OeonCia Power Co is buckini; 
the trend 

l.ist month, .Snulhern Hell re 
vamped the detailed explanations 
leading to the bottom line number 
on customers' monthly bills, and At 
lanta Gas Light Co did the same 
thing seven years af.o 

Nationally, Ras and electric ulil 
ities in only four states fail In item 
ize recurrinf charges on monthly 
bills, according to a 1987 report by 
th» National A.ssociation of Hegula 
tory Utility Comniissioners 

Hut Georgia Power Co plans no 
change, even with its pending $374 
million rale increase request When 
customers are billed for October us 
age. the bare t>ones information on 
it will not shed any light on the 
complicated calculations resulting 
(Vom the rate case. 

Instead, consumers will contin- 
ue to get just the basic facts - the 
starting and ending kilowatt-hour 
readings, the total usage and the 
overall dollar amount charged. 

"We basicallv have tried to keep 
the bills as simple as possible, 
meanir.p how nruch people are us- 
ing i'.\n i'hat the li.tal o>illar 
amo;;;i'. is.' C't-oiRia Power spokes- 
man Uavid l\. Aitman said. 

"That's why we have the lele- 



The Public Service Com- 
mission decision Sept. 28 is 
expected to change the 
three key bill components: 
the tiase fee, the ctiarges 
per kilowatt-hour of usage 
and the payment for what 
the utility spends on fuel to 
generate power. 



phone number on Ihe bill, so people 
can fall us if they want more infor- 
mation." Mr Aitman said. "If Ihe in 
lerest goes be.vond thai, obviously 
It's easy to get a more detailed 
breakdown The philosophy has 
been to keep it simple and under- 
standable " 

The Public Service Commission 
(PSO decision Sept 28 is expected 
lo change Ihe three key bill compo- 
nents the base fee. the charges per 
kilowatt hour of usage and Ihe pay 
menl for what the utility spends on 
fuel lo generate power. 

After new rales lake effect. 
Georgia Power does provide a gen- 
eral explanation of Ihe changes in 
it; regular ""Kleclnc Update" cnclo- 
Si;re wiih moiilhU bills. Mr. Aitman 
siid Kut the information do<.'S not 
drl>t ;i.io the details of cents 
i!i;-r;cd per kilo'.valt-hour or the 
amount paid lor fuel costs. 

In contrast. Southern Bell re- 



Examplcot^amu„il„y .osktoSIS'SvH^'"""'""'^ 
■ WHAT THE OEORaiA iH>ii™-55r^s^— rL-.=. :— ~ 

Meter r.sdlna Kw houri HUi ' 

pre»ent p^evlou^ u*.«>h time 
oTnyr ,,...„ n»m«_ Amount 

• l.vln-iilo!. .<.«»o!,»l ,.<„v,c ~ t193 73- 

" Includes 19 '^ «i wjlos Ion 

-WKfcT THF CrORCIA POWhH Bllj. DOgSj m Ib U. CU ST O MEIg- 

BascchaiQe $ 7.50 

Customoi charge 

First 650 MIowan hours al 4.349 conte S28 27 

Noirt 1.550 kilowatt-hours al 7.566 cents SI 17 27 

Ovoiall cuslomei chaigo $14554 

Fuol Cosi R(K:overy 

2.?03 kilowatt hours « 1.6896 oems $3717 

Subtotal .. . $190 21 

Salostnx $9 52 

Total bill $199.73 



worked its bill format so that Ihe in- 
rormation is presented more clearly 
and in fewer pages, said l.ynn 
llress, associate manager of public 
relations for Southern Bell in Geor- 
gia, "ll"s more organized, and it"s 
easier lo read, '" Ms Hress said "II 
reflects as closely as possible what 
the customers told us lliey wanted 
on Ihe bill," 

The average number of pages in 
tlie residential telephone bill has 
been cut sub,'-iantially, I'roin as 
many as .^is lo two now for about 
half of Ihe ciislo.-.iers. she said. 

Atlaiitn (:;;s l,i.-li: r.-vised its lull 
ill late 1!IK2. in large part lo shinv 
(hat the so-called purchased gas ad- 



justment accounted for a slgnincant 
portion of the total charge, utility 
spokesman Ross Willis said The 
utility does not earn a return on 
what it spends Tti buy natural gas 

The PSC has not received con 
sunier complaints about billing in 
formation, commission spokeswom- 
an Harriet Van Norte said. 

Practices vary from state lo 
.state, but 37 stales itemized how the 
billed amount was derived, accord 
iiig lo llic national report And ex 
cept for Nebraska. North Carolina 
and South Carolin'a .pnd Utah, al 
least some utilities in the other 
sljilcs explain the calculations, the 
report said 




Mandatory Class in ABCs of Running 
A City Proposed for Ist-Term Officials 



'ftw AiKKidilril Prvn 

yiLLKUGKVlI.LE. Oa. - "Mill- 
.igc lisle KV :^ ■'; founti 1;; any col- 
lege curriculum. And "Advanced 
Cily Budget Preparation" is absent 
fixim high school course olTerings. 

But such subjects are ones that 
City Council members will encoun- 
ter during their tenure as elected 
officials 

That's why Milledgeville Coun- 
cilman Ken Vance wants all newly 
elected council members in Georgia 
to be required by state law to lake 
courses covering the issues they'll 
face once they're sworn in. 

"'We're in an age where govern- 
ment is exlre:prl> sophisticated," 
said Mr Vance, a member of the 
Georgia Municipal Association's 
professional development commit- 
tee and board of directors "Deci- 
sions need to be made based on 
knowledge and information. A lot of 
times decisions are made based 
purely on emotion, and then you 
have to go back and undo Ihe things 



thai >ou found you couldn't do." 

Vr Vance prn;«sed the training 
.:f.- ir: i n-cen; Cjn-.Miitlee ni.'.'!lng 
Corr.muiee members liked it and 
will present it to the full 44-member 
GVl\ board in early October 

The GMA Is not alone. The Asso- 
ciation County Commissioners of 
Georgia also is considering manda- 
tory training of county commission- 
ers. 

.AHhough still in Uie formative 
stage, the GMA Idea would require 
all newly elected ofTicials, mayors 
incljded. to complete 12 hours of 
training before taking office. Re- 
eiec'ed rirTiciah uould be asked to 
u*.'-"--o ^ix liO'jr^ of training 

■ If »c are pomg to be the best 
gosemors of people. It behooves us 
lo be as educated and knowledge- 
able as we can possibly be." said 
Mr Vance, who has been a Milled- 
geMlle councilman for eight years. 
"1 dont think the public should ex- 
pert anything less." 

The GMA already effete work- 



shops and training in conjunction 
with its four state conferences held 
Uirougho"J( the year, s^iri Hi!!:" 
George, directoi of membership and 
informalion senices for the organi- 
zation. 

"If it is approved, we would 
have lo offer (workshops) many 
more limes," said Mr George, who 
said home study courses and week- 
end seminars probably could be ar- 
ranged. 

If the GMA board approves the 
measure, the 436 member cities 
Ihen would be advised of the move. 
The next stop would be the Legisla- 
ture, which would have to adopt the 
resolution bffore It could become 
Georgia law 

One point slill to be decided in 
the plan Is the penally for council 
members who don't meet the re- 
quirements Mr Vance said a per- 
son who doesn't gel Ihe required 
training should lose the right to 
vole on the council, although he 
added, "That may be strong." 



Atlanta Police Charge Hammond With Rape 



By Saoiln Mclittsb 

SlcffWriUr 

Atlanta police Tuesday charged 
Emmanuel Fitzgerald Hammond, 
one of the two 




r^pes that have occurred since De- 
cetaber 1987. AtlanU Sex Crimes In- 
vestigator Dale Kelley said, and in- 
vesugators are searching their files 
for other cases that resemble the at- 
tacks. 

'We have four with very similar 
motjves and the like." Investiga- 
tor Keiley said "He's being consid- 
ered heavily as a suspect in each." 

Police charged Hammond Tues- 
day Bight with the rape of the De- 
Kilb County woman, who was kid- 
napped May .I 19SI!, In fVont of her 
<;-;;-.^--' ■■ K .f,- fi.c!:. 

H«na,or.(f' already has been 
rbut^ .n I f J, County with kid- 



napping, armed robbery and aggra- 
vated assault in the attack on the 
woman, but because she was raped 
and stabbed and her throat was slit 
at the spot on Grove Park Place off 
Johnson Road in Atlanta where Ms. 
Love's body was found, Atlanta po- 
lice added the charges of rape and 
aggravated sodomy, as well as a sec- 
ond count of armed robbery, Inves- 
tigator Kelley said 

In addition to being charged 
with Ms, Love's murder and the 
rape. Hammond is also the key sus 
r-cct i.: t;.c s'tjirig cf a College Park 
man, Gwendale Turner, who was 
found shot lo death Aug 21. 1988 



Want 
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A brx KTricc ol Ac Adan 



u 







B) Connie CcnLiL^un 

St.^ Wmrr 

US Rop G«irg< "Buddy" Dtrden 
iD-Ga) said he suppvorti Arocncsn mill 
lary ajsisUnce to {he embaUled nation 
of Colombia l>oc£use powerftil druf car- 
tels are trjing to overthrow tiat coun- 
try's govemrncnt 

Speakir.^ to &c AiisicllSo-jth Cobb 
Rotary Club last week.. Mr. Darden 



called the situation in Colombia se 
plor^tilc." The 7th Pirtrid DcciK"'.-: 
ccrj3\';-!rritn tiso U'ld the Soatli Ar;:; 
C6n nslion't problerriE are unlite Cjw 
sulTered by other litln Americsn ct'an- 
tries. whose troubles are rooted in pc\\- 
tics and ideology. 

Noting that the United Sta;?; 
should avoid involvsment in other cc j; 
Inc!' politics whenever possible. Mr 



Dsrten stid the ditTrrrnce here Is the 
; j!> cor,.>t'luled g.-iveniment |of Colom- 
: I, 15 ir. trftl Atriprr oftx-inj overtJik 
;: tnd pifrU.i-owTi b; an intemitional 
:rj( conspincy." 

The con^reuman uid an eatiinited 
S: perceni to 90 prrcctit of all cocaine 
proJured ir, Colorablt ends up in the 
■, r,i'.?; Stites 

"rcirisequently, as incredible u n 



may be ini aj drxitic as it might aetir. 
1 think if there li • proper request lut- 
mitled to President Bush from the C-c- 
lorabisn fovemraent, tSier consullatlorj 
with our neighbor! louth of here, I 
think it may be well-advised to utis; 
the Colombian government if they neec 
our help." Mr. Darden said. 

MiraCMConllniMd on •4 



C 

5ifhe- 
He 
we I! 
Je v 
soeh 



;ujlir 
ule 

(y 

a cot 
7»id' 

rtoo. 

n 

■ 
jeunf 



3-r 



Women Kick Off 
In Wake of Julie 

B) Micbele Lzarita 

SugWrilrr 

Outraged by the early prison release of a 
man later accusc-d in the Julie Love slaying, 
a Smyrna woman rnd her niece have started 
a petition drive dcmenains that criminals 
b.- kept loct i-d up 

T»resa BDrtner tnd h<-r !7-\esr-o!d 
niece. Shay Shcrpe, set up a libie Aug. 30 
and 31 in front of the Winn Dixie grocery 
store on Spring Street in Smyrna, where 
they collected 800 signatures. 

Above the women's head hung the sign 
that said: "Help keep cnminals like the one 
who tilled Julie Love behind bars." 

The petition said "We are outraged at 
the early release of cnminals f^om prisons 
before they have served their sentence, and 
the fact that many do not serve their time 
for crimes — wc demand that more prisons 
be build immediately to house these crimi- 
nals so the) serve the time they deserve." 

Mrs. Borlner said she got a good 
receptioa 

"People were so eager to sign, they were 
standing in line," she said. "Most people 
didnt even read the petition, they just saw 
the sign." 

Mrs Bortner said she was prompted to 
do something a few days aAer recent news- 
paper reports atxMil Julie Love's accuser 
Ms,^ Love, a 24-year-old Buckfaead KB- 



Petition Drive 
Love Slaying 

dent, vanished July II, 1968. after len-ng i 
career-counseling session on Lesoi Fxii in 
Bucthead Police found her bc-i) rac ie^b 
ago after making two arrests ir \if :-~t 

"My niece and my daughter -e.t ■. z^r^ 
aro-jnd talking filwut the incidf"'- -"f: nv 
niece ssked m<-, 'What is it i::'S - :r 'iU 
!5 yeti-s fhim n:i*''' and stio fre -i.- j-'-..o 
10 even have children," saia M-i H-:-.-er 
II sent a chill down my back. 

"I've never done anything iike ;::.s be- 
fore, but ! just couldn't stand iL Ic ured o' 
l>Tng down and taking it 

"I'm afraid for my f*mily." said tJse 38- 
year-old mother. 

Mrs Bortner and her two iiJi^itn. 19- 
year old Shannon and 9month-ot<! Anna 
Elizabeth, and husband, Fred, tare rsed in 
Cobb County three years. Her lueee a from 
Columbia, S.C , and was visiting ber rela- 
tives last week. 

Mr? Bortner's conceni was tngfe-«l by 
reports that the man accused o^ !5i:.-wnng 
Ms Love last year committed the r-jse «f 
ter his early release fh)m pruoo. 

Police say Emmanuel Fiti^rxx. Void- 
mond, 24, one of two suspects ib tbe t^armj 
of Ms Love and the "prime s;tspe«' in a 
College Park slaying and i rape i2d it 
tempted murder in DeKalb Count; tu sen- 
tenced to eight years in pnso:: oc ixlsap- 

ConUnuM on 04 




X3C McTrW/SM* 

Tereia BwtMT (ri«ht) ami htr tiieet fkaj AMye 
wait It c«Uect sl«ntairM hr tkdr yHttlM. 



United '. 
To Be T( 



Sar'V-a,!. 

This yei- 1 .■; -.e-t 
riising c«r.?«s: : C 
•iill be a tou r :a -. 
"rjt time. 

All fur.c T . :. ir- 
jot under »t." j.t vttt 
reded by a Iwa. =a -T.i 
died by a \k>. cj5. < 
Sumner, seu? 33=1 .fr 

"We rtCTCJ ill 
muBlty hu ra f»i ie« 
cerris," he u<. "^e /.; 
we can do i ti?:? .ct * 
iied campatp. ' 

Previoui T'^ifM r 
nine elber foc=j3 - r 
ta have be« zrrr^ ^ 
lanta offlee. M- -amyf 

But three ."m-i ho ' 
ties in the t-rt seji- 
their own eaj^a^s. 

This yea.' sn :n!) 
Fayette and r«»n« re 
be directing !»cr wi .' 
efforts for t)i^ ■ 33« 
ner said. M 

Tfels yea^pai hr ; 
IS tZ,0(T,731 ■ Kreaae 
cent tna tht 



G 



lonreal AffB CONSimriOliI 



fldle Schools 

jjParticipafe 
[brug War 

■avvings to Grace Qucridar 

ByOurlrtWilfton 

SUiffWrUrr 

i drug poster conloM i.' f'v'n£ ivModlf 

! lents in Cobb Count.v a clitnrf ic msket 

r story — at least for 2 month 

t I Attorney Thomas J Charror. if f[vDnsor- 

' ^petition for studenb u, p; tic; f-P el nil 

J schools in Cobb Coutilv m: f.!> ofk'.iriel 

Students will l)e innU'd It :vt'niil ongi- 

that convey anti^rag nx.'-'ipes. snd i 

m each school will Iv mc luded in c ftill 

quality calendar for thr u|i.-0T.inf year 

3rron p!;iis to use u|. U. '2-' K>:> ir monej 

ni ird(. t.-afTictors to pnn! i' niinj- t! 

..-.i^rv. which will b: ;.vfi!i.l.;i fot dirtrl' 

;,' ols by DecemSxr. [,( u.i Itn kc^V 

.:.i. •!. IS inodc!o<i t':.: : : ,•;,:..■ :', bcpun in 

I l.ich Daley, a for;;-.;^ ,:..:,..■„.; n'ho is 

;j.-jn ii'.ini to viri: .. :, ■•::i.- i.lxA 
Ipat'.-s in the contes; ; ui t y;.!i ir. il t£. sic 
will have until Sep'.. 28 to turn in their 
iginal art can be in any media, but should 
3^t by 11 inches or sirriilcr propcrtions. he 

Lbjeet of the posters is limitj-d only in thit 
onvey an anli-dnig ir.'.ssEge, Mr Chtrron 

vanl kids to start feeling the subject mat- 
id 
:nl2sl will not bo lin.itcd to art students. 

^^Tpe well be d( Itrvd." he said. 

^ho enters &i contest will receive a 
dar w'len it is pr.'tJuced, and a winner 



:f:* 



. sad ;:.^s I'l' ; 
C'rtsry to ec-:.:.. 



llie !2 moiiths will 
■ccitf all the win- 



fr3 i!so will rcrelve .y;ving5 bonds of an un- 
?ii ancunt and -III l>;- invited to a banquet 
'! orHcvsIs iiid liv I i.riricincnt ofTcefS. 
;;Oi:id. 

iufii -^iill 00 l-iKf ; i'.' Mil the cdendars 
s, Mr. C!;3nr>a aid Any proceeds that re- 
is ofTce v.-oiitii be •ii-:-i to o(Tsel ttie cost pf 
!- rsid. 

;u ii-i tie "^vrt;: .'.!■ cir.lcst v ill rr.ate 

rt?£ c--:.:>;r. . i . ;.r. law (.i.fcrce- 

:'. v. ; J rrc;.;? s.. . ■ si :5r.;j peer cr.nroii- 

■.;<;:- icJe -Is. 

s is t!ie £3e I C.sl Siry riakc 2 conscious de- 
!rir.i-:art *i'Jic. C; crnoChe said. 



'RIC ROSWELL 

oOAYS 

^ds of the past! 

Pment and 
dancers 

iSgSSipipping, 




JBft Attan ti: JU turaal itNP COKSTm^TtOK 



T»\ns.. SCTT. 7. 1989 .„ 






-^'W?? 



g^.;;'^/'----/'?^--^ 




W^omen Want 
Criminals Kept 
Behind Bars 

from Page GJ 

ping and aggravale'd assauU 
fhar^cs in 1983 

He was rolea.'.crf four vcar? 
liter despite (he prosi-r utor > 
- Ejection 

The prosecutor. I>eKalb Dis 
inrt Attorney Kobcrt V. Wilson, 
rjlled a new.-; conference late 
Last month to say that if Ham 
raond IS guilt} of these crimes, 
fliffer sentcncinc law.", could 
haw pnevcnt<'d them 

Hammond pleaded puill^ to 
kidnapping and armed robber>' 
on Aug 8, lira, and was sen 
lenced to 10 year^ He was re 
quired to serve eifjhl years be- 
fore he could t>e paroled, but he 
was released in I9?n de.spile a 
uiming fhDm Mr Wilson's cmce 
'J5 the psrole bcmrd that Ham 
Tond's baclpround "demon 
i'jctcs an Es:.cullive ntluri' indi 
Citi.Tg Uiil hi- prx-.inL-^ ;, dsngi-r 
■^■- the coniniuiijty." 



Teresa B-oi-iner said 
^e plans to mail the 
petitioas, to the gov- 
ernor', Ccoi-gia 's two 
il.S. senators and 
Stale legislators. 



"If the laws hod been stricter 
-cid our w^minc ^r-d b.'vr. tip?d- 
'-: he ;>:yr-J,iy v. . !i.:;.-v. !::,•■•. 
^e{'n in this pjMliou toiay and 
.'■jlie Love's) life could have 
t-een spared," Mr Wilson said 
Something should have been 
done to ensure he sened the full 
Lsnn." 

Mr. Wilson said similar oc- 
currences will continue until 
"people stand up and demand 
that these people stay in jail." 
- Mrs. Bortner said she plans 
lo mail the petition; to the gov- 
ernor, Georj^&'s tv.o U.S. sena- 
L--S and st£te legislators 

"I'll cor.linue to do Uiis until 
the system gets changed," she 
said. 



t^fi^r^u-n- *ff 1M* tdw*! Bond UnM* 



rLri/r»i-TAi«¥ schools 

Ac*onr. S3 1 0.1 



Addison 


$8,000 


Argylo 


$290,200 


Ausiell 


$90,000 


BakBi 


$18,000 


Be!ls Ferrj- 


$69,000 


BeifTvonV H(!ls 


$24,000 


Big Stianty 


$222,000 


Bmoy 


$139,900 


Bla::lmell 


$255,000 


Blown 


$299,000 


Brumljy 


$140,500 


Clart<dal« 


$279,000 


Caay 


$152,900 


Complon 


$65,000 


Davis 


$33,500 


DoweH 


$18,000 


Due West 


$117,200 


East Sido 


$178,600 


EfislvaHey 


$65,000 


Fall Oaks 


$82,000 


ntrtiuah Lw 


SIO.ODC 


Gar^so.-! M,^ 


i48,000 


Ha-v-u' '.-: .--d 


$1K.0^ 


•^i/.^.-iv... 


:sr.o>} 


Ko'V-.i'tl 


Si36.J.'j 


KehalBy 


$57,500 


Koci:wsBW 


$8,400 


Klniald 


$101,800 


Kir>g Sp.i:>JS 


$291,400 


* Some coM-iiy--.3t rtsms tn 


nauyAxita 



LaBale 


$ 


t^wt* : 


Mableton 




t/itotd 




Mt Bethel 




Mt View 




k^urdodi 




Norton Part 




Po*Tl9f S^TTiga 


PowofS Ferry 


RK«rsK5« 


Rocky Mt 


$ 


Rose Ga.'der 


Russei 




Sedalie Part 




SItyvlew 




SopeOeek 




StII 




Teastey 


Tr« 


Total 


8«^- 


New eJementary cctioo 
(Konoesaw. 
Mars Hiif^.sa (>5bb, 
Rr.-ers.ie i-t.3S) S1« 


Grand U>t*i 


C20,- 


U!D!>JE SCH 


JOi- 


A«vtrey 


Danlell : 


Dtckersor 


Do*seo 



Cobb Has Big Plans fo 



Firm Page Gl 



t'jill ar.d piri of the heati:;^ and air cciditicnir.! ;>'s- 
tcm replaced 

B Kip.g Springs E!er:ientsrj': $2Si.4CC to r.-ncv ;t£ Ihe 
kitchen and resL-Mms £nd to replace sanie ::-.et, 
fountains, tile and heating and air conditioning ur.its. 

■ Norton Park Elementary: $239,200 to renovate 
rf strooms, replace carpets, li^ts and heating e=d air 
conditioning units and expand parking. 

• Russell Elementary: $255,400 to rcno'ite r^t- 
rooms and classrooms and to provide new carpeting, 
ventilation and lighting. 

BGrimn Kiddle: $3,183,100 lo replace the opei ai^ 
eas that accommodate each grade !eve! with s-zlted 
classrooms and lo provide heating, air ;or.u--jin!ng, 
carpeting and tile. 

aTapp Middle: Saio.-C-OO to replace 'J.-.ctcr i;:'.=?4. 
pave and curb Lhe bus loading area, convert cp-e:; .'pace 
lo classrooms, replace lights and heatir:; =nd air ::i;di- 



lioning 
ingsnd 
kitc-.e- 



fcD 
tern an 
a3d air 
l:£.':ts ar 

pSf 
coarls, t 
reEjvali 

eOs' 
tSisrtsr 
an :at 



late a 
cc:.iiU 




HAS SOLVED THE MYSTEF 
FOR ALL YOUR BEVERAGE 
NEEDS WITH THE OPENING 
OF OUR NEWEST BEER 
AND WINE WAREHOUSE. 



^ A^ 



6^ 



ON BARRETT ("1 — 

.-.cress From Haverty's | \i-_'/ '"-'^ 



a 



^ 






.It -s 



V 



■M 



•--frwisi 










-••si 











Lexers to ^he Editor 



fudges Not to Blame for Criminal Justice System Breakdowns 



AsiE Sf! ^^;itn;ii.l iii;c:d 





CXf 


;rip!c of 


ocr 


lir' 


ive 


fe ovcrloEd is cc'-'sciJ 
■ r. !e in ■■rUi:'.\nf i^fi 


by] 


the 
ion 


:_.; : 


;;.; 


.''•^l/.. 




'C-; 




. .;, .lie 
■ -.v. C8 


■SI 
f-S 


:oriaI cc 
of.'alit I 


'jV-;^ 


-cs 


to 


:.ir.s w" 
-•^••rf til: 


C-: 


i^ Isv-ft'r 


III! 


••> 


is 



.-.3ed — 
■> '■ rn- 



":v,- of cocaine are ends to be 
.-. for. . 

!r. L-h; date of Uie tiitoriBl, 1 wat 

ii-d by ie Stile E^iinl of Tirdons 

". r:'" of Ihc rclccse in Pcptcm 

• - -:'.'r ! ;,:rl^r:cod ir. Ej^^i- 

\.rt. 

'."■A'i for fiebitiiti vlo- 

. .'.-: -_.T!C '.Hvv: by dri^.-ius un- 

L-.? ;;nL£nce 'On June 1. I sen- 

:-; \"2 to n-vj ye;ri, Itrec to serve 

'.'.; ^■; r- ;• '.a'.ion. 

- •;,:.-; ^sv:;^;;cioiil,:ay 19 

: .-.i:-3 !o -c^-.e ."or sc'.iinfi c-o- 

, S.' -2; lii bi cul in stvricty. one 

:'■—:: .Tpeivision and coiitrol by 

■ .i' ,i_r^s 2:r,--!,^. ?rt>I)a(iort, the 

■'J ■..-:. e. 

:-; = r. -:e; f i^c.-ld ',i,ve 

■.- ...I;-,;'l ','...;;•:.; e. ! u'o no'. 

.; f; n- ;:g, no: io I liiyyjie 

ri -.i' -r^'ication, trsintng. c>;pe- 

'•: i,' I;-.r;T'-r->':, ho'>>;cvGr feeble 

• ■ ". ;, •'. :.= '' :..:! etior. Ic V.-t- 

;■.:! 'rl^lr.a! ,'_:!icc system. 

I n-.csn r.o criUciim of the PcrJons 

PiTOiss Eoanl. Its problems with 

of rpace sre v.ellknown. We live 

_'".;';■;' 'err. of frrctionc of sen- 

; ;.: vL-i ltA t irly -.cJcise end try 

. ,:^^{e -nltt fiilil scntencos, giv- 

.■-iics the right to reincarcerate re- 

• .ffcr.ders, after an early release. 

r •■3'!y, a fhor; c>:rminstion of our 

-"■ ..-., !;; ; ; .:cf r. The ^••t'.-'r com- 






-.J .hat i".icg?s, U is tne iEclu'J'.-d, have 
;c;p inlerest in the wtlfcre of this 
■ =te zzi Ihe frcUz'Jon of the taw- 
'•:-:;-.= .•'Arc; '.•■t--:n; :n'r (hat 
Ji--- --iy bi ir> <- U-.;V; ;• •; ..foil lo 
....■■ ■•ihat tools help or !.;;.;;er i\sis 
,: xe3 than j-our editorial kt ;^ers, or 
one eqierts, or even same IctiilaCars. 
Tn: rjre we car E^-ei I e< r'-S '.he 



pcnsalion !•? Superior Court judges 
romes to $33 13 Kr '<=■■"■ 'f '"''S "illy 
•■^orli vC hours i^z we-;'k. So fir tiiis 
year niy a-.crage is j-jst o't'cr 54 to'jrs. 
ConU^sl lMs v.ilh Lhe hourly r-!e of 
etc U- C:5 c -r c; -:: 'k^ p::y r- : --;-3 !o 
i.LnJ'; ;:. ^U-:'' c-^-'i-": ---;;. -:'- the 
fsc; tha I rrjj'.arly j.-ci:ic!c oi'cr Cises 
vhere siicrncys biil thei: time per 
ho-.ir at a grtjter rate than I am paid, 
per day. and you tno'* rtone of us are 
in it for ■..^e ruoney. 

C: "..n" .-.;«; imluies s It-.Tiuil 
rilei ir. Ihc OS. District Co-art for the 
So-tteni Dis'j-ict of C-Mrfiia, b:\)U£iit 
by the rjnerican Ci^il Liberties Union 
mtd joined by the U.S. Dspartmsnl of 
J-C'ce. 

r^if --.-.it i.'.h-rx \ij'.z.'.lc.z'i of the 
' ■-.ti-'r r!;-'.'.: .'-'-■'. oi iK'j it ;':c :i-;ction 
or^i ;I;d'^.i:!.>:- in this .<i!e. :;ict-i'.;i« 
niir.s The action so-:i£ht is to have us 
•i? ■■sizii tirr^d, fetLhersd end riiden 
out of cfr.ce on a rail. This "turf' 
5;ei:s r..3re like a barren vi-astctand 
L'.an the I'jsh Garden of EMen you mate 
it o-Jt to be 

I carjiot and have not attempted to 
5pc2t for '.Ihers. .4s for me, I dont care 
obDul • cI- Jt" or "Lirf." I cere about the 
fiiturt of this state. 

JUDGE BEN J. MILLER 

Superior Court 

GriiTin Judicial Court 

Th3iraoton 

Public Needs Awareness 

In respcnse to a letter regarding 
■Vi'hen AIDS Comes Home," I must say 
that I «as disappointed although not 
Curpribed to read at least one ignorant 
reply. 

The letter vniter questions the va- 
lidity of forusing journalistic attention 
on the death of a man who apparently 
he does no; deem to be a worthy citiien 
and who brought his "uatiraely death 
upon himjelf" The writer Is also of the 
c;>ini0B that the p^o^c^'r.^ of p:rs3nal 
rc-!po=:iti!'ty rnd lelf-cc-'trol pesos 
t'le :orrt;t rr.ii.r.s of o'ce'::.s oi"i t!ie 
,u:i? t.n-'t 













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Tho prolcslers will iiirludc re- 
pre<'nlalJ\os of CampaiKii for n 
Tro'-pcroiis (Joonjra iiiid (;r<>n;iaiis 
A«.un',l Nm-liMr Kiiorcy (C.ANK) 
and olhors who havo fotif^hl con- 
stniction of tlif fanlilv since llu* 

Mllioii);h niosi of llx- iiilcn'sl 
.nid ciKT^ ivoiil into llio llnil 1 
rale rase l«o >ears a^o. M^ Slu'p 
pard said opposilion Rroiips "slill 
believe Ihe commissioners will 



lie. named for Alvin W, VoRtlo Jr.. 
then the president and later chair- 
man of the Southern Co . tleorRiu 
Tower's parent company. The orig- 
inal estimate of %O60 million rose 
to $1 1 billion by 1972 Georuia 
Power suspended construclion 
and canceled Uo of the four pro 
posed units in \^1A beloie riMiiii 
iiiKwork in li^ li> I'.mi. Ihe cost 
esliniale had jumped lo $t>li bil- 
lion, and it went to $8 4 billion in 
I!>85 



Solicitor Drops Charges 
Parents Never Wanted 



i'liiiii I'a^c I'.l 

.ifiaui. Mr Tolmacli said 'We 
didnl llnnk she needed any addi 
lional punishment in this form." 

Kolh Mr Knit and Mr HIaney 
denied Mr Tolmach's accnsulioii 
\;r Klanov said he pursued Ihe 
-e because iho fuiidaineiital le- 
question siirroundinn it re- 
ined unresolved That question 
.:: Could a person be prosecut- 
ed lor I'alallv niiuriiiB a baby while 
■•■•..:< a felus' 

The case bejan in June 10S3 
■II Ms ll.imiiiell lo-st control of 
, r car while lr\iiig to swat a bee 
.;;.d struck the vehicle carrying 
Ihe 35-vveek old felus and his par- 
enl' Afler an emergency Cacsar- 
ejn section. Ihe baby. Isaac Kergu- 
son Tolmach. was born alive but 
died 11 hours later 

Mr Blaney argued thai, be- 
cause Ihe baby was born alive, he 
was a person and Ms llammell 
could be held responsible for his 
death But had the baby died in 
ulero. criminal charges could not 
have been filed. Ihe prosecutor 

Krom tne sun. the baby's pa: 
rnis said. the> held no ill feelings 
toward Ms Hammell and that the 
charges should be dropped 

"It vias an accident." said Ms 
Ferguson. 41. of Atlanta, adding 
that she wrote a letter to Ms Ham- 
metl last year thai expressed her 
feelings about the crash "1 could 



From the start, the baby's 
parents said, they held no ill 
feelings toward Ms. Ham- 
mett and that the charges 
sj^ouid be dropped- 



have ju.sl as easily been her and 
she could have been me" 

Mr. ItlaiKv said he knew oflhe 
couple's desjre not lo prosecute 
the case. b;n he pursued it in or- 
der lo dear -;• a cloudy legal is 
sue "This f:<.-ii.led a new issue 
and we wanted to get Ihe opportu- 
nity lo make some law liere." Mr. 
HIaney said 

The legal debate surrounding 
the issue wa? lorluous A Gwinnett 
Counly Slate Court judge initially 
ruled the case could not be tried 
because the baby was not a person 
when it was injured, but Ihe Geor- 
gia Court of Appeals disagreed in 
June and permillcd Mr. Blaney (o 
prosecute the case He said the 
decision marked the first time In 
Georgia thai such a case had been 
decided 

lJ^^^pll■: " 'tr-n^ the charges 
ui;aiii.<l M-- .-ii-irelt. Mr. Blaney 
said the line and money spent on 
the case was not wasted. 

"Perhaps it is moot until this 
happens agiin.' Mr Blaney said. 
"If it happened once. It can hap- 
pen again 1 think the state of the 
law is belter now that the Issue is 
resolved." 



Investigators Don't Know W\\o Told 
Probation Officer of Drop{)ed Charge 



From Page FA 



Judge Kuller had recalled a war- 
rant charging Hammond with vio- 
lating probatio n, and she could 
not remember | 
when ques- 
tioned during I 
Ihe investiga- 
uon Officials! 
have declined 
10 divulge the 
probation ofTi- 
cers name 

Probation 
ofTicers and of-, Love 
ficials of Ihe DeKalb County Sher- 
iPTs Department, which also re- 
ceived a phone call saying Judge 
Fuller had dropped the charges, 
said the calls could have come 
from any number of sources, in- 
cluding the judge's office, Ihe dis- 
trict attorney's ofTice. the county 
solicitor's office or the police 

Judce fuller declined to com- 



ammond with vio- 
n. and she could 



ment on the issiie Monday, but he 
has denied canceling the revoca- 
tion proceedings, saying he in- 
tended only to allow Hammond 
out of jail until prosecutors called 
for a formal revocation hearing, 
which they never did Prosecutors 
contend the judge recalled Ihe 
warrant for Hammend's arrest on 
probation violation charges, there- 
by preventing them from seeking a 
hearing 

"Us impossible for anyone lo 
determine for certain where the 
phone calls came from." Mr Wil- 
son said "But there isn't any con- 
fusion about who let (Hammond! 
out of jail and who let him out of 
jail without any bond, over our ob- 
jections." 

Atlanta mayoral candidate 
Maynard Jackson has called for a 
grand jury investigation of the 
handling of the case 

Staff M-nfer ;4nne CouVes con- 
tributed lo this article 



R«T>. rr«nk G riijBU. (I>-»tocim) c«lebf»«e« .Iter ■! 
Ihp sixth gma Hawiay ai (he AUaata AtUetic Ctalt. 



lapdUaa 



""^^C—-' TODAY'S 
^^ ACCNDA 

i1h,U».y, ^ -^luee and Scnalo convona alio a.m. 



This Is Hie i«_ rd cl.)y o( a special session ol the Geocefe Goiwfal Assom 
biy. wbicti K mxtxa lo last livo days In order lo resolve a logd problem 
over Iho lavaiiir' o^ ledeial pe nsi on b o noliis 

HOUM I 



9am Wa^'. a-c Ueans Committoo. Room 133. CapNol 

10 a ni Heatr C-ye Facililios Sut)Commtnee ol Health and Ecok>gy Com- 

miltoo. Roo'' :»:*; Legislaiivo Office DuikJiog 

I p ni Mc*:>' t-rocles Comnnttoo. Room ?30. Capitol 

1 30 p m l;i:3 LegiSlalion Subcommilloo ol Slalo Planning and Commu 

nily AHai's Crrttee. Room 605. Logislalivo Office Building 

1 30 p m <ci3tx»Talion Committoo. Room 34 1 . Capitol 

2 p ni Jixloa-i Committoe. Room 132. Capitol 

2 p ni Ha*- =-c<essions Subcommilloo ol Hoatlh and Ecology Commil- 
teo. Room J-ii C-3O«i0l 

2pm AtoTii Vssessmeni Subcommilloo ol Motor Vehicles Committee, 
Room 505. Lapsiaiive Office Building 

2 30 g^m Tra-sccflaiion Comm ittee. Room 405. Capitol 

Senate ComT«tt»«« 

2pm JjSoa-. Commiffee. Room 450. Capitol 

2 p m ut>3- j-c Co unty Affairs. Roo m 328. Legislalive OWce Bjkling. 

Other mee ti ri ft 

10 30 a r- .nn House and Sonale Child Protective Services Sljdy Com- 

minees, R;-; - o: Capilol 



Cih^ Council Prepares to I 



^^*»»^<^ 



B.v Tnio-iaUe 

Even thpjc .-ere are two peo- 
ple being pi>: ; x=l of $60,000 an- 
nually to lo!>r.- -le Georgia General 
Assembly on tii-u.i" of the city of At- 
lanta, the Citv C-;uacil is looking for 
a third to gua-intee its views arc 
protoclcd in Jarun 

City Cci.:i: ' members H.L. 
"Buddy " FowKSi and Carolyn Long 
Banks won aprr-sal for a third leg- 
islative liiT^- ifl spring when 
member: " ' jncil k';irni^ 

that Nehi :-..-■ '..-le director of 
legislalive a"; -= I'cr the city, at- 
tended a liti-aiue commlllee 
meeting to s>;ii in favor of Ihe 
Georgia 40j c;irrsion — 3 position 
favored by ir.^ liayor but opposed 
by the counn! a 'Jisl lime. 

Mr. Hortor rjrrently reports to 
the mayor's oSct oo legislative ac- 
tivities for S3LX» annually;'Wil- 
liam Alexanoe- :c« the same for 
$21,000 a yea- 

The nev :or^cn will earn 
$27,000 a >ei- i.:c report exclusive- 
ly lo the cc-.r r 

During L-; r.-i.-ir's last year of 
office, he an: ::-i .-^uncil have been 
at odds over -jh- '.989 budget, con- 
troversial hiETviv proposals and a 
law that limiif 3e terms of mayoral 
appointees 

Sandra Waksr chief of commu- 
nications for Kjt-ot .Vidrew Young, 
said the mayo- :!c«ght the proposal 
for a third lei:^=;auve person was an 
issue to be aoa-?ssed by the council 
itself, so he a!i:wed it lo become 
law without hi; ainalure 

"The ma.vor eit that that was an 
issue that totiLv involved the coun- 
cil arena and nerefore did not sign 
the legislaliot. ' she said "He just 
fell that 11 »^i 1 natter that was to- 
tally up to Ibe r:«ocir' 

Ms Walke* couM not speculate 
on the need ftr .x position 

"We w oc 1 K here for that next 
session for Uf. je^slatjon. so that' 
would definnen ijve lobe the de- 
cision of the or-.: auvor. ' she said 

A spot su-v»^ of other munici- 
palities sho>fc \Uanla leads the 
stale with the umber of lobbyists 
at the General As»efflbly. 



In DeKalb Counly. Susan Med- 
lock. Ihe assistant public informa- 
tion olTicer. said the counly pays be- 
tween $37,000 and $52,000 lo the 
deputy director of inlcr^ovemmcn 
tal relations through the planning 
department to handle legislative 
consultation 

David Hin. the Gwinnett County 
Commission spokesman, said Ihe 
county pays more than $42,000 for 
one person lo "function as a liaison 
between the board of directors and 
other political nfl'icials " 

111 Macor.. "'i^y.M L.: Rcbms- 
who served as a state senator foi 
Middle Georgia for eight years, said 



Local Bills T; 



From Pafic El 

sonable hardships or lo avoid und 
Ihe functioiis of local polilicil-sub- 

Sen Nathan Deal iD-Gainesv 
two pay-raise bills, said legislator 
care of the pay raises during the 
but the increases got bogged down 
the House. 

Asked if such legislation wou 
"undue hardship " >lr Deal repli 
routine business is another man's e 

On the Senate floor. Sen Culver 
geville) questioned whether pay incr 
the governor's call 

But Sen Earl Echols Jr iD-Pal" 
the Pierce Counly pay-raise bill, h 
fense 

"Since we werent going to be 
this week -- almost nothing — I Ihoi 
legislation ought to be introduced j 
ing up here," Mr Echols said 

Mr Harris's press secretary. I 
said that, although she hadn't spok 
«nor personally about iL the pay b 
within his rail 

"It says for ^al legislation wl 
lure deems ne^Bsarv Deenft' i 
word .'iAl s. Mon^lsaid 

"TW puiptd^of the session Wi 
income tax issue As protocol and a 



■ '^ wm. 



■yiyyw j i' ' i .»!! > .wjj ri» i jnnm 






WtD.. SEFTEMStg 13, 198 9. 



/ tianta 
>lriefs 



ar4Jsed Near Chicago 

a missing Na\7 rocniit frvn 
Ihj he past thrw da)'5 in subvirti- 
r 1 Tuesday, indicating Ihal U'' 
n'k *ard his hometown 
di! peared Aug 29. was born socir 
> fa y moved from Chicago to G^t 
gh« \e recruit's mother 

nl n Admits Killing WHe 

en< to die for the slaying of his fi 
ars ler the 11th U S Circuit Ccl- 
rtui 1 his conviction, a Carrolll. ■ 
ilty esday to her murder. 

■■1 iv. 5.1. was sonteno'd Tue.sc. ' 

i ■■:<: i-\ ■ ■ ■^.llnly^. 



: b, ,-.i silu-dulod II. r 
but years of legal wtc- 
■e from being carried o.. 

D ly Zoning for Quarry 

ov run several east DeKalb neiL' 
"hoods, the DeKalb Cou- ' 
mission Tuesday ur^ed neij;: 
■jng Rockdale County to den.> i 
iposed rezoning to allow a grii 
quarry on the county line 
"Xtvirezoning in an adjoinr.; 
•■ ' *l have a very' signifirir 
he people living in c 
Commissioner Jf • • 






jnty 



■w.: 



sewer consifilTolioii: t,- : 
t we do have roads." 
The Rockdale County Comrr - 
)n will hold a public hean-; 
pL 28 on the proposed re20^;•^ 
k 325 acres on the north side ;■ 
' 1st Fairview Road north .: 
luth River Road on the DeKi- 
Rockdale boundary. Flonci 
9ck Industries Inc. is seeking n 
jve the property rezoned frcT 
fricultural/residential to agnr^ 
ral'mining The Rockdale F.;: 
£ recommendation on the n-.- 
'Sim is expected to vote on r ■ 



iiixitlMast Atlanta 

J Imped in a car early Tuesday a. i 

leheel of the car shortly after mi:- 
>n Road, homicide Sgt H L Bolioi 
l» n his mid-20s. apparently died n" 



'•t Case Against Swindal 

"■'esday was appointed by the Gfrvr 
*Bar of (Georgia's disciplinary ce.^ 
""lall. the former 4th District rcc- 
» convicted of lying to a grand ju-' 
«Mr Butler must hold a hearinf n 
••a recommendation of action to ue 
^ Uiin 30 days of the hearing. 
'»dall could be disbarred becausf rf 
/•Jon he has said he will ask Xr 
h's license until his appeals 8"? 



? oi'v^l 



felony or a misdemeanT 
, — -I turpitude is subject o 
„Kiplme procedure. Under that p-.- 
loupended or revoked in about tvi 



by Car's Occupants 



Hammond, Porter Indicted in Love Slaying 



Raix' Charge Added 
Against Younger Cousin 

By Adam Gelb 

M„/r\i .■!.■. 

A Fulton County grand jury 
Tuesday indicted the two men ar 
rested in the slaying of Julie Ixive 
and charged for the first time that 
one of the suspecli raped her 

Emmanuel Fitzgerald Ham 
mond. 24. of Marietta, and William 
Maurice I'orler. 20. of Union City. 
were indicted on one count each of 
murder, felony murder, kidnapping 
and armed robbery, Fulton District 
Attorney 1-ewis H Slalon said. Mr 
Porter also was indicted on one 
count of rai>e 

The wnm.Tn who briike the high- 
ly publicized c;ise. llaniinond's ••»:- 
girlfriend J.iinro \V"W.>!i. lolrt ^w 
lice she and liMniM.-,' i .-r,' 
present when Mr I'lrlvr uprcj the 
27yearold preschool exercise in- 
structor behind Grove I'ark Klemen- 
lary School on July 11. 1988. but he 
was not charged with rape until 



Dad Denies 
Allegations 



Tuesday 

"The case is moving along 
steadily about like a usual case to 
this point. " Mr Slaton said lie 
cause of a gag order issued by Ful- 
ton Superior Court Judge Isaac Jen 
relte. lie declined to elaborate 

Until Tuesday's indictment. 
Hammond and Mr Porter each had 
been charged with murder and 
kidnapping 

While medical authorities said 
Ms Love's body was too decom 
posed to provide any physical evi- 
dence of rape, police said Mr Por 
ler has made statements to 
investigators that support Ms Wei 
don's account 

Officers declined to say wliellier 
either susjiecl has made a confes 
sion but s.iid Mr Porter at least im 
plied he has direct knowledge of 
the crime when he showed delec 
lives specifuallv whore lo search 
for Ms l.r.vesl....iy H.t skeh-lal r,' 
mains were found Aug 2-) in an ille- 
gal dumping ground off Grove Park 
Place in northwest Atlanta 

The charges in the indictment 
seem to corroborate Ms Weldon's 



OfAIij 



Fugitive Mom Claim-s 
Kids Accused Hundreds 

By Gary Abnmson 

Staff Wrttrr 

A Gray. Ga , woman being held 
in South Carolina on charges relat- 
ing to a custody dispute took her 
children into hiding a(\er telling au- 
thorities her children and nephew 
had accused her husband and hun- 
dreds of other people of sexual 
abuse — accusations that her hus- 
band denied Tuesday 

Derrell Washburn made his first 
public statements about the compli 
cated case through his brother 
Dale, who said Dona Washburn r^ 
ported accusations of abuse against 
a long list of people. Including her 
husband, members of the family's 
church and local ofHcials 

Dale Washburn said authorities 
showed him and his brother a 
"book" of written accusations, 
which contained "maps of the sub- 
division we live in, lists of people 
such as a Bibb County state judge, 
... a major in the Macon police de- 
partment, a GBI officer " and pas- 
tors of several Baptist churches in 
Macon 

"Dona has put us through an in- 
describable amount of pain, but we 
have deep compassion for her. We 
think she is deeply disturtied." Mr 
Washburn said 

The Associated Press reported 
that an investigation by the GBI and 
the Macon Police Depfirtment "did 

though independent medical exami- 
nations disclosed Hint two of the 



account, given to Fulton County po 
lice in late July alXt-r the go go 
dancer and Hammond got in a Oghl 

The murder charge alleges both 
men killed Ms lx>ve with a shotgun 
Police apparently have not recov 
en'd the gun. but officers said they 
found evidence near the body that 
proves a shotgun was the murder 
weapon 

Ms Wcldon told detectives that 
Hammond beat Ms I.ove with a 
sawed off shotgun afler forcing her 
into his car the night of July II, 
J988. when she was walking near 
(^he intersecttpn of Dover and How- 
ell ^Mill roads after her car ran out 
oftas 

The informant, who said she 
was taken home before the shoot- 
ing, said Hammond told her the 
next day that he had "shot half of 
her head off' with the sholgun 

In the armed rohbeiy change, 
the indictment also aliei'.^s th.,! 
Haiiimoiid and Mr Porter, who are 
cousins, stole Ms. Ix)ve's purse and 
its contents "by intimidation and by 
use of a shotgun " According to Ms 
Weldon's statement, Hammond held 




Emily CalhouiLof Campaign for a Prosperous Georgia was 




Hammond Porter 

Ms. Love at gunpoint near the 
Grove Park school - a block from 
his grandparents' house - while 
she and Mr Porter tried lo use Ms 
l/ives inslanl bariking canls at two 
teller machines near West End 
Mall 

Felony murder is charged when 
J susr-'v! 15 alleged to hav.; killed i. 
viclini diiriiig the commission of i 
felony, such as armed robbeiy or 
kidnapping 

Staff urKer Du3ne Riner con 
tributed lo this article. 



Timing of 
Radio Calls 

Is Dispuf/iff 

Events Before Shoolini^ 
Questioned by Defense 

By Michelle Hiskey 

Sl.^Unlrr 

The defense of Atlanta police 
Officer John M Oglesby rested 
Tuesday, after testimony about the 
disputed timing of radio dispatches 
the morning of Aug I, 1984, wher 
the officer fatally shot 16-year-ot' 
Dand Samples 

L' S District Judge Orinda i 
Evans postponed the trial of the en 
il case brought by David's parenb 
until Monday because she will be 
out of town Rebuttal evidence and 
closing arguments are expected ear- 
ly next week 

The judge directed defense at 
torneys to take the deposition of 
Tommy R Monday by the end of the 
week. Monday claims ownership of 
the knife in evidence, which Officer 
Oglesby testified was the one Davie 
brandished at him before he shoi 
him in self defense. 

Monday testified last week, out 
side the jury's presence, that Allan 
ta police confiscated the knife when 
they arrested him for forgery 
charges in 1976. eight years before 
the shooting, and showed where his 
name is etched on the knife Judge 
Evans said she was leaning toward 
allowing Monday to testily as a re 
buttal witness, after forestalling his 
direct testimony last week because 
the defense would not have enough 
time to prepare cross-examinatior 
of the surpnse witness 

A recording o( police dispatches 
the morning of the shooting was 
nlaved Tuesdav for Ibe i'lrv-. whici- 



c 



n 



. TUES , SEPTEMBER 19. 1989 



Judge Revokes 
Probation for 
1 Love Suspect 

ByAdamGelb 

A Fulton County judge revoked probation for 
one of Julie Love's accused killers Monday and 
ordered him sent to pnson for more than three 
vears on previous sentences 

Superior Court Judge Ralph H Hicks or 
dered Emmanuel Fitigerald Hammond. 24, re 
turned to prison to serve the remainder of two 
concurrent five-year sentences he received in 
lAlober 1988 on weapons charges 

Accortling to stale Corrections Departmcnl 
ciiculalions. Hammond, who was released on 
probation in January aHcr serving four months. 
-,CA' has three years, three months and siv da\s 
' ^ sene. 

The probation revocation was based on Han 
-nd'j Aug. 2 an-i-sl on charges th.il he assault- 
: t,!^ ev r.irl'n.--;. J t.'c-- ".•.•''..•■. .-o II 'v.-j 
■.r.il ilU'ged aUjvl.. which occurred Jul) 23. 
»hich prompted Ms. Weldon on July 23 to make 
a six-page statement to Fulton police detailing 
hew Hammond and William Maunce Porfer. 20. 
allegedly abducted, raped and killed Ms Love 
the year before. 

Hammond was arrested in HyjK'vilIe in Feb- 
rjarv 1988. five months before Ms Love's disap 
pearance, for driving 95 mph on Interstate 85. 
carrying a pistol as a convicted felon and having 
a pistol with Us serial number filed off 

DeKalb County prosecutors, Superior Court 
Judge Hilton Fuller and probation officials could 
ha.e demanded a probation revocation hearing 
fcr Hammond then but did not The judge and 
:^5;nc! A;tnn,.-v r ^t-^"^_ WiKon rii^fcro'- .->",- 

Hammond, who had been released from jail 
en bond in Mareh 1988, pleaded guilty to the 




to his mother tYlday iu court as his proba- 
tion hearing was postponed until Monday. 

weapons charges in October and received two 
concurrent five-year sentences, with four years 
on probation 

One of Hammond's probation officers. Jerr>' 
McCurdy, testified Monday that Hammond was a 
good probationer and reported faithfully every 
month from his release in January until August 

On July 23. however. Ms Weldon alleges that 
Hammond went to her home in College Park, 
and when she refused to let him and a friend 
smoke crack in her bedroom. Hammond beat her 
about th.> face and llir.vil.-ned t.i kill t;.T 

l-v.jr o,:v^ \.r-:r. '.V v,.-|..,:,: si.....^; .,M i -ar 
rant for Hammond s arrest on aggravated assault 
charges and the next day met with Fiilton detec- 



William M.iuriie J'oiter nj.iicis r'.oiio;<y 
for arraignment, which was p-islixjned be- 
cause he didn't have an attorney. 

tives to make her statement 

Hammond was arrested (^n those charges 
Aug 2 He was in the Fullon jail when he was 
charged in the Love case three weeks later He 
has not been convicted in either case 

In court Monday. Hammond denied he as- 
saulted Ms Weldon But Judge Hicks rejected a 
defense attorney's request that only two years of 
the probation be revoked 

Hammond and Mr. Porter have yet to retain 
attorneys to defend them against murder, felony 
murdor, .i,.ii.-.ci r..'„:.on' a: i kicn.-.(.pii:S f 'i-<r.;-s 
in the Love case. Mr Porter also is charged with 
rape. 



Guard I 
In War 

Troops to Hel| 

ByCaryAbrai 

Georgia's Nation, 
expecting to increasi 
the war in drugs this 
with a new mission I' 
narcotics hidden in < 
ports of Brunswick 
nah. Guard ofTiciah 
day. 

The Georgia Gu 
to receive about S2 i 
last year's allocati 
drugs in supiiort of ' 
ment agencies. ;.!- 
ry Nesbitt 

The Guard'? 
drug iiiierdictiuji 
federal law. The Gu 
make arrests or ti 
raids, but Guard un 
vide equipment and . 
assist law enforceme 

Much of the neu 
earmarked for the 
requested by the U 
Service to augment il 
container shipment 
funding will also add 
work with the Georgi 
Investigation and th' 
trol. Colonel Ncsbilt ? 

Colonel Nesbiti 
Guard did .n.' "--i ■ 
which units would i • 



City Council 
Orders 
Rehab Files 
Made Public 

Panel Also Is Approved 
In Investigate Program 

ty Mark Sbtrman 

The Atlanta City Council moved 
Monday to shed more light on an 
unfolding scandal in a home reha- 
bilitation program for low-income 
homeowners 

By a unanimous vote, the coun- 
cil directed City Attorney Marva J 
Brocks to make public reports of 
1966 city investigations of inspec- 
tors and supervisors that led to the 
finng of two inspectors, but allowed 
a third inspector to remain in his 
job That man. Robert Davie, is the 
subject of an ongoing city inquiry 
into his alleged financial relation- 
ship with contractors whose work 
he supervised. 

TVe council ats*"- apprx>*.'^d II 
creation of a commiLtee to invesli- 
(ate the program, which africials 
ended last year amid complaint; of 



Add 5,000 miles toyour r 

without going out of yoi 




L 



\n 



iTied 
i>uit 



ealment. 
lent," Al- 
'!ac)wood 
nls in the 
Ij- Supen- 
.lemming 
ciil scan- 
based «il- 



)ber extrcu- 
I. Poetter, 
r allegedly 
H shortcut- 
w his own 



. FM.. OCTOea ' 3, 1 989 Wht Atlanta >m»ni«l AND COWSTnvnOW 




Girl, 5, Bitten by Dog ( 
200 Stitches in Face, N 



rfT'ttfii-^^ititTta i — kw 



Jk^.. 



Cub Scouts 



Patrons of Zoo Atlanu rt-eck oat Bubby, a 
rare white Bengal tiifr cub that arrived 
Wednesday on a two-«««i toao from the too 



FIOVD JIllSON/SIatI 



In Columbus, Ohio. The 40-pound cub's visit 
celebrates the groundbreaking Tor the Suma- 
tran tiger exhibit, set to open next summer. 



State Seeks Death Penalty in Julie Love Slaying 



By Sasao Laccelti 

SuiffWnIrr 

A >year old Covington girl 
was isted in fair condition Thurs- 
da} it Newton General Hospital 
wilt, in estimated 200 stitches in 
her iicf and neck, the result of 
an bZ-ici by a mixed breed dog 

A iha Rena Wilson was at- 

lac*.K Wednesday night as she 

'=>'« »ilh oilier children at the 

-f ;'' her grandmother's next- 

• ■ -bor. Tcrr>' A-liljy. OKS 

' . Coviiij^iyn. Slitf vus 

; the led skto of I'er 

faco. zt:i h»r loft ear 

wc- :.,:.;■ m.ingled. according to 

her ii. i-rr. Sieve Wilson. 

"Tie dog was on a leash, and 
evidr-TLly she was fooling around 
wilt ve dog and the dog bit her 
in Ui; facial area." Covington po- 
lice C4pc Willie Davis said 

C<:(ain Davis said Mr. 
AshN 5 mixed Labrador and Ger- 
man siepfaerd had been vaccinat- 
ed fo- rabies before the attack. 

A;jha's parents expressed 
concf^ o\er how police handled 



the incident Hospital a 
called police Wednesda 
after her surgery and ol 
ment, according to Mr V 

"My wife heard screa 
ran out there, and the d' 
top of my liule girl. Tl 
came out and pulled th 
her," Mr Wilson said. "I 
dog would have killed I 
man wouldn't have gol 
of her" 

He said he beli*- 
shoulJ i.ik'- H.-.' d'-'fi ii 1 
by b-:cju'.e it is dam; 

Mr. Ashby could 
reaciied for conn'n.'nL 

A new suit law reqi 
ers to register potential' 
ous dogs and enclose oi 
them on their proper; 
owner willfully fails to c 
could be charged with t 
the dog attacks someone 

But police said th 
complied with the state'^ 
ous-dog law because th< 
was confined on its owne 
erty and its leash did m 
t)eyond the properly line 



Fulton County prose:. .:•; 
said Thursday they will se?t .Zk 
death penalty against itr .co 
men charged in the abdi<r_r:-i- 
rape and shot^n slaying << nite 
Love. 

Emmanuel Fitzgerald Hi>- 
mond, 24. grinned and sXirvi H 
relatives and television cuneras 
as he was arraigned before 5«p«- 
rior Court Judge Ralph H rljfc 
on charges of murder, felorr? r>L- 
der, kidnapping and arroec r«r- 
bery He pleaded innoc^r: .: 
e«ich counl. 

Hammond's altorney. I^r-i 
ville lawyer William A. Weivn: 



S3id he plans to file a motion to 

- ;.e lhL> tri:,l o./i ofP.iIv.r. > ■■:', 
r. 10 ensure an impjnial j^o* 

"I think we would have to 
iDove it south of Macon because 
of all the publicity that's gone 
on," Mr. Wehunt said. 

Prosecutors have not won a 
death penally conviction ttom a 
Fulton jury since 19S4. On 
Wednesday, the district attorney's 
ofTice said it would seek the 
death penalty against Terrance 
niis, 23, who is accused in the 
beating death of Rebecca Sims. 
67. a prominent horticulturist, 
jnd the as-^aull and robbery of 
her 81 yccr-old husband, Ben. 

Ms Love's disappearance July 
11. 1988, touched off a massive 



search, led by her boyfriend, 

M:;rk l,'.splan, co-ow-ner of tbo 
Gorins Homemade Ice Cream 
shop chain. A rally in Piedmont 
Park attracted hundreds, includ- 
ing local politicians, and thou- 
sands of fliers asking "Have You 
Seen Julie Love?" were posted 
throughout the city. 

Lawyers for Hammond's al- 
leged accomplice, William Mau- 
rice Porter, 20, were granted a 
two-week delay in Mr. Porter's ar- 
raignment Atlanta Public De- 
fender Harry S. Gardner declined 
to comment on the case. Mr Por- 
ter is charged with the same of- 
fenses as Hammond and also is 
accused of raping the 27-year-old 
preschool fitness teacher. 



'Ln Lhargixl Willi 77 G>iii(L? of Animal C; 
From Page CI 



lice tH obtained the animals by 
answe^.ng newspaper advertise- 
ments jffering tree kittens. 

Oaag a false name and ad- 
dress. Mr Munoz on Oct 9 left a 
roll o' film to be developed at the 
Dru| Lnporium store on North 
Druic Hills Road, said Public 
Safe:;' scokesraan Chuck Johnson. 

V : e developing the photo- 
graF^: in employee of Qualcx, 
the I'l^iille firm that handles 
film p-cessing for the store, no- 
ticed ue pictures included shots 



of cats being tortured i 
He sent copies of the i 
DeKalb's animal control 
After identifying Mr 
who appeared in some u 
pictures on the roll, 
searched his Hampton H<i 
ment Thursday. Durir 
search. Detective Mosley 
ficers found "e\idence to 
that it had been going 
long time." Among the ■ 
covered were a detail* 
every cal kill-Kl since . 
and a nylon rope, han^ 
the shower rod, that was ; 
the photos, he said. 



!?^.« ^pUce 
r* ■«»« a 



OPEN 

3-DAY FURNITURESALE 



BRANDNEW IN ORIGIN AL SEALED FACTOR! 
CONTAINERS. SURPLUS FROM RECENT DISPLi 



^% CONTAINERS. SURPLUS FROM RECENT DISPL^ 

^^A J ^ ATHOLIDAY INNS, HOWARD JOHNSONS, 

^m ^r^^C RAMADA INNS, AND SHERATON INNS. 

V^ PUBLIC 




&-SEAT 
SECTIONAL 



5298 



Luxurious Fabrics 
BRANDNEW 



G 



.TUtS.. NO^MBCT 7. 1989 



BlieXM . 



Julie Love Suspect Pleads Guilty 



Expected to Testify 
Against Co-Defendant 

One of Iwo men accust-d in 
the shotgun slaying of Julie I-ove 
pleaded guilty in Fiillon County 
Superior Court Monday and is 
expected to testif^' axainst a co- 
defendant at trial 

William Maurice I'orter. 20. 
of Union Cilv. entered guilty 
pleas to the chanjes of felony 
murder, rape. kidnappinR and 
armed r..'.Nt^ II.- could fare 
throe 1.1 lus 20 

v..-srs i . 'I'h H 

ilYck.-: . '-'I' ""■ 



I'ro-secutors had intended to 
seek the death penall) against 
Porter in the highl.v publiciped 
lx)ve case but abandoned il ap 
parenlly in return for his coop- 
eration in the case atainsl Km- 
nianuel Fitzgerald Hammond. 
24. ofMarietU 

Hammond, who police be- 
lieve was the Inggerman. has 
pleaded not guilty, and his attor- 
ney, arguing thai rrr'nal piihlic- 
it>' has tainted poler.iiil jurors, 
is trying to move the trial (Vom 
Fulton Couiitv Pro>. >.uMr5 said 
they still pl"o • ■ ■ ' -^'ih 

pcnall)' M'.fi: 

Porter. ^-• 



shoes and an earring, hung his 
head throughout the proceeding 
lie testified that he completed 
the eighth grade in school and 
could read and write 

Porter's mother wept silently 
in the hall outside the court- 
room aner the pleas were 
accepted 

Authorities believe Ham- 
mond shot Mb Uve. 27. a pre 
school niness teacher. aRer he 
and Porter aWucted her near 
the intersection of Howell Mill 
and Dover roads the night of 
July II. ISHS 

Her skelel:jl i.;ni:.ii.s were 
found in an ill-i('.:=l dumiiini' 
ground il. n..rll.v.-si .Mlanl:. 




Slain W( 







Children's 

Conference 

yh Criticized 

Proposal Is Flawed, Fee 
ib Too iiis'.i, Groups Say 

The Governor's Conference on 




the other Its price 

The tonfcrence, which runs 
ffom Wednesday through Friday 
at the Hyatt AUanU Airport Ho- 
tel, was organized last year by the 
Governor's Commission on Chil- 
dren and Youth lis purpose is to 
create a policy that will encour- 
age the state's leaders to give 
children t hifher priority and fo- 
cus rr.orc government and private 
funds on their needs 

Bui a coalition of groups, 
called the Georgia Family Coun- 
cil — whose board members in- 
clude Jerry Nims. former presi- 
dent of Moral Majority — said 
Monday that the working draft of 
the policy places too much em- 
phasis on children and not 
enough on the preservation of 
family. 

Among the goals contained 
within the draft are that "chil- 
dren should be bom to healthy 
parents." 

"Does that mean unhealthy 
parents can't have children''" 
asked Martin J. Benton, the coun- 
cil's president "If tesU show a 
woman is carrying an unhealthy 
child, does that mean she has to 
abort the chiW " 

Jewel Norman, deputy direc- 
' tor of the Governor's Office of 
Children and Youth, said the 
statement merely means that "the 
goal is to have the healthiest ba- 
bies we can. and '' " -- ^ .^-nt 
women need to Uud a 1 ■ o.lhy 
lifestyle — not drink, not take 
dnics, cat healthy foods. Wc also 
Irno* Oioi If won.-- r". r -.n't' 



»"* ' fcj 



arre.sted in August of I'o 




CMC Staffer 
Accused of 
Molestation 

Georgia Military' College 

Dorm Sui>ir\'iM:>r JaiK:C 

By David Goldberg 

MACON — A barracks supe; 
viser at Georgia Military College 
(GMC) remained In the Baldwir 
County Jail Monday on charge; 
that he molested a 13-ycar-olc 
boy, enticed a teenager for "inde- 
cent purposes" and gave boys al 
coholic beverages, authorilie- 
said. 

Henry Eugene Lee, 54. a ref 
dent supervlser in the dormito- 
since August, was suspends : 
without pay from his job at tr- 
Milledgeville school after his a- 
rest last week, school official! 
said. 

He is charged with one coun-. 
of child molesUtion, one count o' 
enticing a child for Indecent pur 
poses and two counts of furnish 
ing alcohol to minors. No bon: 
had been set Monday. 

Three male students — ages 
13. 14 and 15 — told school off' 
cials that Mr. Lee approache: 
them between SepL 20 and Oct X 
and "enticed them for indecen. 
purposes," Milledgeville Police 
Chief Charles Osboume said He 
did not specify what the allege: 
indecent purposes were, sayini 
the investigation is continuing 

The school Informed police o' 
the allegations Nov 2, and inves- 
tigators obtained a warrant i; 
search Mr. Lee's apartment in the 
school's barracks the same da.' 
accordingto the chief 

In the search, police conli.'- 

-lid 'so-. era! fMrn..fc''-.phic nc- 

eotapes, a pomograpiiic magazine 

and some alcoholic beverages ' 

'■'lief Osbourne said The vide:- 



In Her \^ 
Called Ti 



By Donna Williams Uwl' 
And Adam G«lb 

SlagWrtUn 

Connie Vance Krause v 
:i;ried - as was her wish 
■■=: formal wedding dress 
Friends of Mrs KrauM- 
re body was found Sati 
trunk of her car at V 
,-. .M.-\11TA station. ■ 
:;1 wish as a Inbu'. 
- she shared with h 
- : Hans. 
His worst ni-,'h'-" ■ 
- -.J be without her." ; 
-e family friend Pt 
"-.eir marriage was the ; 
: -.^nl thing to both of th 
Police speculated ! 
-;l Mrs Krause, public r> 
-anager for Arthur Andc 
was killed by somco 
new Mrs. Krause. missint 
-n' left her home near CIt 
or work Nov. 1, was stn 
tclice said. 

Detectives said her .38 
■indgun was found, air 
; ;;n view, in Its holster 
" ■ rbo.'.rd of her ■'■'^ ■ 



; h- 



, Til' 



• iTeone who had sou^ 
.-.e woman might have s 
f-jn — and the rings or, 
;?rs They also specuU 
^ae would have tried to 
run if she had been attack 
kranger 

There was no eviden 
struggle, said sources clos- 
rase 

Despite the body belt 
-edical examiners have ' 
evidence of sexual s; 
rece of clothing was ■ 
- £ - mouth as a gag 

Friends of the fan 
.iunched a massive cami 
ieek to locate Mrs Krai 
Monday they found It hai 
'.leve that she was kille 
aojuainlance. 

"I don't know anyo 
didn't like her," said Me 
mey, Mrs. Krause's assi 
\rthur Andersen. 

Ms Hall said she '■ 
Mrs. Krause's killer chof 
random. "You can't exp 
minds," she said. 

Mr Ramey called Mrs 
and her husband of 16 yi 
perfect couple " 

"He would always 
during the day and tell '■ 
was going to be late or 
able She'd do the same. 
mey said. 

But Connie and Han- 
who moved to Atlanta 
>ears ago, were both at 
roads in their careers 
say 

Mrs Krause a forme 

television news anchor, 

return lo TV. The first 

«he missed Wednesde 

'mar. 



in u)., "iv 



Than House's 

■ llinisc mid SenHle ai;nv to kill 

iwr.is(n)p/i/c coveragp I'age A2I 

By Scott Shepard 

l,;,nutl\''"n-litntum \\',ittilitt:tint Hurriiu 

W ASl 1 1 NCTON The Si-nali", 

polituMl rears, rt'(\is<'d 

|lil lo follow the House 

nK a 35 percent pay 

for ConKress 

Instead, the Senate voted 56 
43 10 K've itself a 9 9 percent cost- 
ol livinK increase while phasing 
mil lucrative speech fees rather 
Ukiii banning them outright as the 
Mouse proposed 

The Senate left in place raises 
of more than 35 percent for the 
House, federal judges and top 
government executives 

The bill was sent back to the 
House, which approved It by 
voice vote early today and 
shipped it to President Bush for 
his expected signature 

Senate Majont.v Leader 
George J Mitchell of Maine and 
Minority l^eader Robert J Dole of 
Kansas introduced the scaled- 
back pniposal after a last minute 
head count showed the House 
version lacked suCicient support 

in the ,'^-T..<l.- ; 

f,'i : It WHS "nn 

un"i the Scni-tj; 

n,>t t ^ V rfii'e fiiKt 



mined i:, Uii- 11 ' 



plan. 



Georgia's Democratic Sens. 
Sam Nunn and Wyche Fowler 
split their votes, with Mr Nunn 
voting against the pay raise an<l , 
Mr Fowler voting for it 1/ 

The surprise development an/| 
gered some senators who ran poll 
litical risks by supporting the pat 
raise, whirti the House passeql 
Thursday H 

Sen Alan K Simpson of Wyo- 
minr "\Republican whip, com- 
plai. M "the hypocrisy" of sen- 
ators '<lio piously vote against 
psy rci'-": tu' "L'i" the hucls" 
,-■ oiiUr. /■ • .. ■ ■ !!• d hoivjraiiii 
from special inierests 

He vowed to strike back at 
Ihem with a proposal to ban all 
honorana. "They've left a lot of 
people holding the big sack," Mr. 
Simpson said 

SCNATC Coniinued on A20 




Pellet in Prague, Ciechoslov»kla, block hundrcclii of pr(Mj<mocracyden»onstnitorsfrtKtini»rchingFriday. 

Hundreds An*ested in Worst Violence Since 1968 



By Andrew Alexander 

Joumal'CvruUiutkm il<>TTttpon(lmi 

PRAGUE, Czechoslovakia — Riot 
police beat and arrested hundreds of 
protesters here Friday night at the 
conclusion of the largest pro-reform 
demonstration since Soviet troops 
cru'het) lh.< iiro-<l.'mnrracv "Prscue 
Sir;,,,:" ■ . ■■:•;• :i, .-t-.r. i>,;.„ ;: 1 y.-sr^ 
ago. 

Club-wielding police attacked in- 
dividual demonstrators as they sat In 
defiance on a main street in down- 
town Prague 

Busloads of arrested protesters 
were seen being driven away fVom the 



■ SlalT photographer, reporter beaten 
by hot policy. Page A 17. 

city's center, which was sealed off by 
hundreds of police backed up by 
equal numbers of army troops. 

It was one of the worst Instances 
of vlolenc in Fhslem Kurope since a 

are reshaping govemmenii at a dizzy- 
ing pace 

When the violence began, bystand- 
ers and members of the news media 
were herded away by aulhonlies. 

Screams could be heard from the 
demonstrators. Some who escaped 



scurried away from the scene with 
bloodied heads A steady stream of 
ambulances, their sirens blaring, con- 
tinued to and from the iceae late into 
the cold evening 

Several memben of the news me- 
dia, including an Atlanta Journal-Con- 
stitution rvjKirlor .Andrew Alexander 
end |.:..,t..^:. ; ■■■ r '.■,rhi..l A 
Schwerz. w-ere LOiiien as inoy 
watched an arrest 

Although the journalists displayed 
their government-issued press accred- 
itation cards, the police yanked a 

PRAGUE Continued on A16 




:9DAY 



sky 



Wins 
.00 Pole Fi 

dCool 

ly; high in the 
ails. Page D 16. 



StCTlON C 

fATE stcnoN D 



"«-D stcT A.B 

stcnoN F 

i*»'«e.»s(a>OMS 

MOtOSCOft 015 
JUM«U WK 

MOVltS WK 

o«m, --' 04 
UlIC I o« 
•v '. *>.1J 

njc«« Ajs 

W<IUAA«S U9 



E.CAll 522-4141 



New Evidence Leads 
To Woman's Release 

By Anne Cowles 

SUlffWriUr 

A woman serving two life sentences plus 20 
years for kidnapping and assault was released 
from prison Friday after authorities uncovered 
new evidence that implicated one of Julie Love's 
accused killers in the case 

Michelle lona Jackson, who was jailed for 18 
months, was freed soon after being transported 
from the Women's Correctional Institute in Mil- 
ledgeville to the DeKalb County Jail 

"I'm just excited, glad to be home for the 
Christmas holidays," said the 23-year-old former 
DeKalb County woman as she wailed for her 
mother to pick her up "I'm just thankful that 
maybe justice is taking its place right now " 

DeKalb County District Attorney Bob Wilson 
announced earlier Friday that Misi Jackson, who 
was arrested May 6, 1988, would b^ released on a 
$1(X),0(X) signature bond He said the slate's mo- 
tion for a new trial for Miss Jackson had been 
granted 

But Miss Jackson is not likely to face a retrial, 
LOVE Coniipued on «36 



^K\^S 


■ 




i 


R 


£^^^M 


1 


fj 


M 



JONATHAN NEVnON/SUfl 

Michelle Jackson, with DeKalb Jail OfTicer 
Shirley Brown, waits for freedom FYiday. 



'•-or p Hot T in^ to Respond to Medicare Complaints 



East Germans 

Eagerly Exit 
To Shop Again 

Two Million Expected 
In west Gemnan Binge 

By Joseph Albright 

JourrutLConstilution W'ashincUm Burrau 

WES'? BERLIN — Police ex- 
pect more tbpn 2 million East 
Germans to pour through the Ber- 
lin Wall this weekend, threaten- 
ing to unleash a nis^q^f consumer 
spending that could und»rnune 
the fragile East German currency^ 

As the weekend began after 
work Friday, at least one West 
Berlin grocery was forced to shut 
its doors because it had sold all 
its food And a department store 
used its public-address system to 
urge West Berliners to take jobs 
behind the counters over the 
weekend 

TrafTic began backing up at 
checkpoints throughout East Or 
many despite televised appeals 
for East Germans to leave their 
nois^, polluting two-cylinder cars 
at home East Berlin subways and 
trains added extra car^. and tran- 




JnsurancR_r 



m^ 



ims 



St not work- 
most claim' 
' or damage 



■nak" their 
nturance in- 
■• concerned 

»ri< with con 
* foundation 
^^rgi. The 
• mandated 

''••political 




mm. 



"^"^ **'. > 



Mr Wilson siiid 

"I think I run loll you in ubso 
lute candor that we liuve reason 
to believe, and lean strongly in 
the direction, that Miss Jackson 
IS, III fad, innocoiil," Mr Wilson 
snul at a news conference "All 
(he facts and circunisluncos jusl 
simply will not allow us to form 
an absolute conclusion " 

UeKalb authorities have 
chartjod Kniinanuel Fitzgerald 
Hammond, one of two men 
charged in the slaying of Ms 
l.ove, a northwest Atlanta pre 
school niiiess teacher; with the 
crimes originally attributed to 
Miss Jackson 

Hammond was charged with 
kidnaiiping with bodily injury, 
armt>d nibtjery and motor vehicle 
then in the May 5, 1988, assault ol 
a DeKalb County woman The vic- 
tim, ofricials said, has identified 
Hammond in a photo lineup The 
woman was apparently raped and 
sodomized in Fulton County, and 
ofilcials there are considering fll 
ing additional charges, Fulton 
pro.seculors said 

Mr. Wilson said Janice Wei 
don, Hammond's ex-girlfriend, 
also is considered a suspect in 
the l»eKhlb woman's abduction. 
which occuired l>vo nuniilis v>-;- 
fon- Ms- I.ovc disupr"'Jr<»d. H.av- 
ever, M-. WotHon li;-; i,.-i •...--:> 
charged 

The DeKalb woman was leA 
for dead in the same dumping 
ground off Grove Park Place 
where Ms Uive's body was found 
13 months after she disappeared 

The discovery of Ms Love's 
body there raised the first red 
flag for DeKalb prosecutors in 
Miss Jackson's case, Mr. Wilson 
said 

Mr Wilson said he viewed a 
videotaped GBI interview with 
Ms Weldon "and the specificity 
with which she described" the 
DeKalb crirn'^ "concerned us 

Ms. W'eldon went to police in 
July, after Hammond allegedly 
beat her in a domestic squabble, 
and provided them with a lurid 
description of Ms Love's death as 
well as details of the DeKalb 
alxluction 

Hammond, 24, of Marietta, has 
pleaded not guilty in Ms Love's 
slaying However, co-defendant 
William Maurice Porter, 20, ol 
Union Cit>', pleaded guilty to felo- 
ny murder, rape, kidnapping and 
armed robbor\' and is expected to 
teslifS'aramsl H;)min.nid. 

Miss Jacksdii agivi-d lo a jwly- 
graph test Wednesday, which she 
passed "with flying colors," Mr. 
Wilson said. 

A DeKalb County man origi- 
nally charged in the attack along 
with Miss Jackson was released 
after DNA tests revealed he could 
not have been the assailant, po 
lice said. He was never tried 

Miss Jacksoij became a sus 
pect in the DeMalb County case 
when the victi{n[S boyfViend told 
authorities MisstJackson tried to 
extort money from him because 
he had a liaison with a prostitute 
who was an acquaintance of Miss 
Jackson, according to testimony at 
her trial 

The man testified that he re- 
fused to pay. The extortion at- 
tempt occurred about five days 
before his girlfriend was abduct 
ed, according to testimony 

Miss Jackson was later identi- 
fied in a photo lineup by both the 
DeKalb victim and a woman who 
saw a black female in a parking 
t ■■''■;• the vri^r.i's -J. .^rtment 
in L>eKalbs .Morningside 
community. 




SAT., NOV. 18TH 



Today o 
Save 20%-50% and n 

I. I. 

• SAVE3U%-f;0% SOr-k'S, LOVESl-ATS, CHAK^S AKO 0170MANS 

Hi..iiHr..-i-;(.))-;"; -^.^ ■•iirr, :.',icic::'r.rr, 'vriC^.-'.jry'joconietnpoiafydesigii-i \ i -. 

• SALE -^^ji VUi TilJ ;,i-;o'tVK SUtOE SOFA Save S730onitiis good looking • sal 
Iradilional piece Onq S1 230 [raOi 

• SALE U99 CONTEMPORARY SOFA Loose p : ow back in tan and Virhile • SAL 
awning sidfx; cover Ono S775 Q^n' 

• SALE $79-$2M ACCENT CHAIRS Many styles ;o choose Ifom carved Louis » St; 
XV, Patson, Bergeio. Maiiha Washingicn moie r, :■ 

• SAVE 30%-50% HENREDON, CENTURY, SHERRILL, LEE, MORE One ol a ' [)* 
kind and discontinued styles o( upholstered (utniiure • SAL 

• SALE $1 49-$499 OCCASIONAL TABLES A variety ol styles and sizes for • SAL 
traditional homos in cherry or mahogany Ong S249-$699 hou< 

• SALE $79-$269 ACCENT FURNlfURE FOR ANY DECOR. Choose from a • EXT 
variety ol shapes, sizes and linishes Ong S149-S499 area 

• SALE $49-5179 LAMPS. PICTURES AND MIRRORS Several styles and sizes t §AL 

• SAVE 50 ). bcKh. :akC1 biiDHOOM AND DINING ROOM tiloslly lloor 
samples Irom this lamous maker. 

t SAVE 35%-50% HENREDON FLOOR SAMPLES All Irom well known groups 
and in as IS condition 

• SAVE 50% BEDROOM FURNITURE Lacquer and paint discontinued lloor 
samples 

• SAVE 50% OVAL DINING TABLES Some with leaves, all from famous makers 
like Cresent, Bcmhardt, Universal 

• SALE $99 LADDER BACK DINING CHAIRS. A great buy and shop early only 
16 Ong $199 » r k ; y 

• SAVE 30%-50% DRESSSERS, CHESTS, MIRRORS, NIGHT STANDS From 
Henredon, White, Thomasville and more 

• SALE $<>5-S3<>9 BRASS HEADBOARDS D iCC-.linjc-d styles and lloor 
samples Oiiq S275-SiJM 

• SALE $599-i799 FAMOUS MAKE SLEEP SOFAS In queen sizes Irom 
Jamison, Stearns & Foster, Simmons Ong $699-5999 

• SALE $299-$699 FAMOUS MAKE RECllNS^S Swivel rockers, <5all savers 
Irom Barcalounger and Aclion/Lane Ong $499-5799 

• SAVE 25V75% DISCONTINUED AND ONE-OF-A-KIND SUMMER AND 
CASUAL FURNITURE Plus accent pieces Irom Arlington, Meadow Craft, Ayers, 
Venture, more 

• SAVE 50% BRAIDED OVAL RUGS Limited quantities Irom Capel Americas 
foremost maker ' 

• SALE $79-51 99 BEDROOM TO LARGE ROOM CARPET. 1 2'9")(9' to 1 3x1 8' 
in many styles and colors Ong $180-5380 

• SAVE 50% AND MORE LARGEST ROOM SIZE CARPETS A variety of sizes 
upto12')(24' Shopearly Limitedquantiiies 

OPEN 8-4 TODAY ONLY 

BECAUSE OF THE SPECIAL NATURE OF THIS EVENT, ALL SALES ARE FINAL 
Ol«contlnu»d Jtyle», tloor umplet, or>«-o(-»-klnd m«fctundl$«, all lt»mt >okl at li 
»ub)»ct to prior ula. Interroedlate markdownj may hav« b««n takan. Sony, no mall' or 
phon« orders, no holds or lay aways. Th«f8 ij a $25 charge on your total purchase 
delivered. All rug sizes are approximate TV screens measured diagonally simulated 
receplk)n All TVs, VCR's and big Screens sold without remote controls. Remote 
controls are available as an optton (or $25 eirtra. 



r 



O 




When they played Ihclr first exhi- 
bition game ever, back In '09 or 
whenever It was, the Atlanta kick- 
er opened Atlanta's pro Tootball 
history by whimng the kickofT 

From Bad to Worse 

This IS u team that once hud a 
back who gained more than 1.000 
yards He achieved that milestone 
In the nnal minutes of the final 
game of^e jeftson The Falcons 
called time and awarded him (he 
game ball On the next play, he 
was thrown for a loss and there 
went his I.OOO^yard season I still 
don't know If he had to give the 
ball back 

I llslened to Atlanta sports ra 
dio talk show participants Some 
of these people, believe It or not, 
think there Is a solution to the 
Falcons' Ineptness 

"What we need is a new 
coach." they say 

Who would take such a job^ 
Want to be the new captain of the 
TiUnIc? The last time the Fal- 
cons were looking for a new head 
coach, they offerwl the Job to ev- 
enbody fKim Dick Vomieil, who 
coached loo long and became a 
basket case, to fleorge Halas, who 
was desd. imd th" only p.-rson 




WILLIAM BCRHT/SUH 



_ WILLIAM BCRRY/5t«n 

Weflfv Aslnof, ■ striking Easlera machinist, pert. Tb«^. wlp;inove to 1302 Sullivan Road, 
help? colleagues dismantle their lent city nouth ef th« alrjitrt. AUo Tuesdry, pilots re- 
heidqjirters at Hartsfleld Intcrnsiional Air- operM^d coatmct talks. See article, Page CI. 






ii*.e wild siune {;uy cailea in and 
said at drive time the other 
morning. 

"For .vear^. I've wished Atlan- 
ta could have a team like the 
Covtboys Now. we do." 

The Cowboys, if you don't fol 
low pro football, are headquar- 
tered in Dallas and, ader years of 
success, have sunk Into the abyss 
with Atlanta. 

If the Falcons were a car, they 
would be a green Pinto with a 
busted mufner. Falcon fans don't 
say. "Wait till nexl year." Th«y ~ 
sev. "Next year'' You mean wt 



Will Join Iran-Conlra Prosecution in Washington 



!,'> 



till 



again? . , ,', 

And it's too bad Atlanta has' 
such a lousy football team. It'i' 
such a nice city otherwise, re- 
gardless of what Pepsi employees 
think of IL 

Atlanta has parks, lovely 
homes, beautif\il women and the 
Varsity drive-in, which serves the 
best chili dogs on earth. 

Il Can't Happen Here 

So, you ask me. "What can be 
done to bring a winning pro fool 
ball team lo AllanU?" 

Nothing II can't happen. I 
used to think it would help if the 
team's owner, Rankin Smith, sold 
it to somebody who gave a damn. 

But that wouldn't help either. 
Imagine what sort of goofball it 
would take to spend millions to 
buy thi> turkey 

The only possible thing I think 
could be done to help the Falcons 
is they could drop out of the NFL 
and join the Atlantic Coast Con- 
. ference. They probably don't pay 
as well as Clemson, but I figure 
they occasionally could beat 
Wake Forest 

There is one piece of good 
news, however. The Falcons soon 
will move out of Atlanta-Fulton 
County Stadium, the worst foot- 
t>aU arena In the urorld, to the 
G«or(ia Dome, which will have a 
roof oo IL 

When that happens, at least 
the stench the Falcons raise 
viptn they pla)4 will remain 
iilside. ^' 



.. i fpj.Hi u.ijn " ^y!WJj;.wiw 



ByHickdIeBliko' 

Assistrnl US Attorney Craig 
A Glllen, whose high-profile 
prosecutions Included that of for- 
mer US Rep. Pat Swindall, will 
leave Atlanta to work for Law- 
rence E Walsh, the special prose- 
cutor invesligating the Iran-con- 
tra scandal 

The new post "is an opportu- 
. nit\- Ih.-'. ' . jn could not pas* up." 

added ; =' ne will leave "with 
stronj f-;:'ii\e feelings . . . and re- 
•Xreti" tf.er 1 1 years with the US 
attorne) ; office in Atlanta, in 
' which he buill a reputation as an 
aggressive prosecutor who revels 
in complex cases 



Mr. Gillen said he will leave 
Dec 30 to join a team of 15 law- 
yers working with Mr. Walsh, who 
was appointed three years ago to 
Investigste arms sales to Iran and 
the transfer of profits to the Nica- 
raguan conlras. Of slxjprosecu- 
Uons by Mr Walsh's office, five 
defendants have pleaded guilty, 
and one — former Marine LL Col. 
Oliver L. North — was convicted. 

Mr. Gillen declined to talk 

will b^'. i..o h'bry J Bc-lclier, a 
spokeswoman for Mr. Walsh, 
would say only that he "will have 
an important role in ongoing 
investigations 

"We've always sought experi- 
enced trial attorneys," Hs. 



Belcher said. "We recruited 
Craig, and we're fortunate to have 
him agree to Join us." 

Said Mr. Glllen: "I met with 
IMr. Walsh) and was Impressed 
with him perionally and with the 
public service chaliei^ge to which 
he responded." He said he in- 
tends to return to Atlanta after 
the Iran-contra investigation is 
over. 

Mr. Gillen's boss, U.S. Attor- 
ney Robert U Barr Jr., said he 
was unsure who would replace 
Vir. Gi" -n, ; -■ 1' ■• ti- f'. 'r:.'^vr:■ 
i:l.-f.;is ., ,_ ■, , >!• ; ,.. I'l.il.jd 
Stales arc losing oric of their fin- 
est advocates anywhere in the 
counlo" • ■ Crslg brings lo t)ear 
almost a craving to lake on the 
dimcuit case and make It work." 

MMSTANT Continutd on M 



Police Say Love Suspect 

Plotted to Kill Girlfriend 



B; Duane Riner 

Suff Writer 

The nil) accused of murder- 
ing Julie Love offered a cellmate 
$20,000 to kill the former girl- 
friend wbo told police she saw 
him abduct the woman, an Atlan- 
ta homicide detective testified 
Tuesday 

Detective James W. Peal said 
the inmate. Phillip Williams, told 
him that Emmanuel Fitzgerald 
Hammond who faces the death 
penalty if convicted, wanted Ja- 
nice WeidoD killed because she 
"knew too much." 

Williams, jailed on a protM- 
tion violation and drug charges, 
was placed in a cell with Ham- 
mond aAer Ms. Weidon went to 
police with her story 

Haronond. 24. was charged 
last Ani 24 with the murder of 
Miss Une a 27year-old exercise 
teacherr»1»o disappeared in July 
1S88. ATthe time be was charged. 



he was being held in the Pulton 
County Jail on a charge of aggra- 
vated assault against Ms. Weidon, 
his girlfriend of two years. 

Saying she feared for her life, 
Ms. Weidon went to police with 
information about the Love slay- 
ing a day after Hammond was 
Jailed on the assault charge. 

Besides offering the cellmate 
$20,000 to kill Ms. Weidon. a 33- 
year-old former strip club dancSr, 
Hammond, a Marietta mechanic, 
promised Williams "a vehicle and 
a Job. " Detective Peal testified. 

The detective's testimony 
came at ■ hearing on pretrial de- 
fense motions in the Love case. 

The defense is trying to stop 
the prosecution from using genet- 
ic test results of Hammond's 
blood and hair taken in connec- 
tion with a DeKalb County case In 
which a woman was abducted. 

KXXtt Cominu*<) on m* 




too mndnilMVt tke Lore cmc 



o 



c 







kiiwin "a"'''' "osenlhal in 
ac Chen was the largest cocaine 
...uwjiing case in II S history, 
and success(\illy prosecuted Hen 
r>- County Shorirrjinimy Class for 
extortion and comiption in the 
first Hobbs Act case brought in 
Georgia The Hobbs Act. which 
has become a weapon in public 
corruption cases, prxihibits a pub 
lie olTicial from using his office 
for personal gain 

In 1983 Mr Gillen was named 
lead attorney of the Southeastern 
Drug Task Force, a mullijurisdic 
tionsl group that investigates and 
prosecutes drug trafficking and 
money laundering He headed the 
investigation that led to charges 
against Swindall as well as busi 
nessman Charles lA>Chasne.v. 5th 
District Republican Parly Vice 
Chairwoman Tenia l^nsing and 
several stockbrokers 

The "war trials." as Mr. Gillen 
calls the highly publicized, in- 
tense and often acrimonious 
cases, are what he has enjoyed 
the most about his work in Atlan- 
ta He said the intensity has 
forged strong IViendships with his 
co-counsel, and his caseload 
forces him to conlinuallv sli'K- 



Craig A. Gillen (above) will join 
special prosecutor Ijiwrencc E. 
Walsh in (he lran-c«n(ni case. 



'The people ot the United 
States are losing one of their 
finest advocates anywhere 
in the country — Craig 
brings to boar alnrx)st a 
craving to take on ttie difficult 
case and make it wor1<.' 

— Robert l_ Bart Jr. 
U.S. anog>*y In Atlanta 



the "fire in the belly" that a suc- 
cesslYil litigator must have. 

"I really want to be able to 
look back on my life and say 1 did 
something that matters." Mr. Gil- 
len said "Maybe that's why I have 
been attracted to (he kind of liti- 
t;alian I've been involved in " 



io oar i2iVi.jA_ 

Frvtn Page Bl 

raped and sodomized, and evi- 
dence taken during a search of 
Hammond's jail cell 

Fulton Superior Court Judge 
Ralph H. Hicks denied both mo- 
tions, and Assistant District Attor- 
ney William L. Hawthorne III 
said the evidence likely will be 
use<f1ii Hammond's trial to estab- 
lish a pattern of v(olenl behavior. 

Detective Peal said he 
■-•■Krch"d Hanmoiy.^ ct-l' ' :■. 
^._-^■l 6 and 
found photo- 
graphs of Ms. 
Weldon. which 
Williams 
claimed Ham- 
mond had 
shown him. 

Detective 
Peal, who was 
accompanied Julleu)ve 
by a Georgia Bureau of Investiga- 
tion agent when he served the 
murder warrant, testified that 
Hammond first appeared to be 
angry and then laughed and said 
this b---," apparently referring 
to Ms. Weldon, "is behind all 



./V>« VJ v.. 



■ iijii.^i:- 1 

,i.iO;ic Test 




(his " He said Hammond denied 
killing "anybody." 

Defense attorney William A 
WehunI said the search of Ham- 
mond's cell was illegal because 
he was never formally served 
with a warrant charging him with 
Miss Love's murder and was not 
read his Miranda rights 

Hammond testified that he 
was not handed a warrant but 
said one of the detectives read 
from a piece of paper that con- 
l.siTiMl (I:"' words kid:iap;)!i'.r Hrd 
injiG'-: . ;-!id III* nlM.' i t',. 
names uf Julie Love and Janice 
Weldon. 

Detective Peal said that Ham- 
mond was given a copy of the 
murder warrant and (hat his 
rights were outlined by the GBI 
agent 

A co-defendant in the Love 
case, William Maurice Porter, 20, 
pleaded guilty to felony murder, 
rape, kidnapping and armed rob- 
bery earlier (his month and is ex- 
pected to testify against Ham- 
mond, whose trial date has not 
b*en set 

Judge Hicks postponed sen- 
tencing Porter until next year. 



Fugitive Mother Collects Sons 
From School and Disappears 



Frxmi Page Bl 

manager (or a dairy cooperative 
in neighboring Eatonton. 

"She was a good mother when 
she wasn't in trouble, and 1 don't 
feel like she would harm the chil- 
dren, but I don't know what she 
had on her mind. I can't say they 
are all right, because I don't know 
what she intends" 

Mr Batchelor said he has no 
idea where his former wife could 
have taken the youngsters, or 
where she obtained the car, a 
1974 or 75 Oldsmobile Cutlass. 
Sheriff Tillman said witnesses 
did not gel a license plate 
number 

Principal Andrew Thompson 
said the woman a:>peared at the 

• •; • .- - ' - ? -• tr>oh 



ofHce ... it took just a matter of 
minutes, and by then the mother 
had picked up the other child and 
lea 

"The children acted as if they 
were expecting the mother They 
ran up and hugged her." Mr. 
Thompson added. 

The father said the boys last 
saw their mother about nine 
months ago when she had visita- 
tion rights 

Sheriff Tillman said the moth- 
er had been jailed several times 
on bad check and fraud charges, 
but she never had been charged 
or convicted of any violent 
crimes. 

A brunette with blue eyes and 
wavy hair, about 5-ree(-3 and 180 
pounds. Batchelor was wearing 



tion fanttties for llBni;ar One at 
DcKalb l-rachlree Airport. C har 
lie Hrirwn Aiqiort and HarUfiold 
lnternalK»aaI Airport, said archi 
toci John A Wurz 

Surtivini! ore two dauRhlers. 
Alison Pruetl .ind Jennifer Pruett, 
both of Allania: his mother, of 
Hedford ind x si.slor, Kose Yes 
kicof lj>.-ll.-ville. NC 

Mi».IV>ro<lnH.(Uin 
Kriirrd .Vrrrtar) 

Miss Ikrolhy H Cam of Man 
olla. a rrlired secretary for J M 
Toll Co died of a heart attack 
Thursda^ H Kennestone Hospital 
She was S: 

The furi^ral will be at 10 30 
a m Thursday at St Joseph's 
Catholic Ctiunh in Marietta with 
burial H Mountain View 
Cemelcr> 

Miss Ciin was a member of 
that chunrh and a native of Cedar 
Rapids. lo»a 

There were no immediate 
family merqbers among (he 
survivors 

Mrn. MarcsnH R. Chamltrni 
Ftfrn* r lUic Pru<T».H>r 

Mrs Viitaret K. Chambers of 

lairburr. a former data proccs- 



Tl... . r.-l «ill t)0 at \'i :. :ii. 
today ai A.S Turner and Sons Fu- 
neral Hc-c with burial at Floral 
Hills Me-:.- Gardens 

Sunuiri are two sons. John 
A Reeie- of Tucker and Robert 
P Ree\f5 cf Atlanta, a daughter. 
Kathy Drennon of Calhoun. Ga . 
two brolhers. Guy Preston of Co- 
lumbus. Ga . and Mike Preston of 
Calhoun Ga ; and four 
grandchildren 

Mr.B«rr>J.Silora 
Desifw trJ MiL<ician 

y.r ri':) J. Sikora of .Ac 
wor.n. ,.-. .-n:h.ii-ctural designer. 
died Sl-:;> of a heat| attack at 
his hoTie He was 39. 

The r.emorlal service will be 
at 4 p m uxlay at Norman Med- 
ford Funeral Home. The body 
will be crsmated. 

Mr Sikora was an Army Spe- 
cial Forces veteran of the Viet- 
nam War He was a musician and 
(he comp■^5er of New Age music. 

SunuTng are his wife, Andrea 
Ailion Sikcra. a son, Barry J. Si- 
kora II of Acworth; a daughter, 
Candice E'.zabelh Sikora of Ac- 
worth, i t-c'ihcr. Glenn Sikora of 
Carrollicn. and a sister, Paula Si- 
kora-Ricketls of Jacksonville, Fla. 

Mr. John L LuLer 
Carpail« 

Mr Joton E Luker of Marietta, 
a self-employed carpenter, died 
of brain and lung cancer Monday 
at his booje. He was 52. 

The graveside service will be 
at 3 pm today at Pleasant Hope 
Cemelerj in Rome. Ga. 

Sumring are his wife, Carol 
Luker. four daughters, Charlene 
Dunn of Manetta. Carolyn Patter- 
son of Biairsville. Ga., Janette 
Morgan of Villa Rica, Ga., and An- 
nette Knoos of Muscokee. Okia ; 
two sons. John J Luker of Gaines- 
ville. Gi. and James E. Luker of 
Dallas. Ga. his mother, Frances 
B Luker of Lake City, Fla.- a 
brother. Jack Luker of Lake City; 
and 11 grandchildren. 



Monday of cancer at Ashlon 
Woods Convalescent Center. She 
was 65 

The ftinrral will be at 1 1 a m 
Tliur.sday al Koswell United 
Methodist Church Chapel with 
burial al George Washington Me- 
morial Park in P.iramus. N J 

Surviving are her husband, 
Harold l> I'rouss. a son. Brian 
Feely of Itiver Vale, N.J ; a 
daughter. Teddy Lancaster of 
Kitis Hill. Ohio: two stepsons. 
Charles K Preuss of Silsbee. Tex- 
as, and llobert I) Preuss of Bos- 
Ion, a sister. Kvelyn llaniillon of 
Koiioza Lake. N V . and five 
graiidrliildreii 

Mm. JiTMC II. Har(><r 
llomcniakrr 

Mrs Jessie H Harper of Fair- 
burn, a homemaker. died Monday 
of cancer at Southwest Christian 
Hospice She was 78 

The funeral will be at II a m 
today at Hcrschel McDaniel's 
Chapel with burial at Holly Hill 
Memorial Park 

Surviving arc five daughters, 
Helen Perkins of Fayetleville. l/O- 
rnine Boyd. Linda Harper and 
Ann H Flpming, all of Fairbum, 
and Mary Jo Barge of Carters- 
villi-; four sjstprs. Miiriii- Mac 
Kate 
. jII 



one great-gieal-Kriiiidchild. 

Mrx. Myrtirc J. Slief*^ 
Retired Suwf 0»ner 

Mrs Myrtice J Stiegler of At- 
lanta, retired owner of a drug 
store in Starke. Fla , died Monday 
of a stroke al Northside Convales- 
cent Center She was 83. 

The funeral will be at 4 p.m. 
today al Caldwell and Cowan Fu- 
neral Home in Covington with 
burial Friday al Lower Brandy- 
wine Cemetery in Cenlervile. Del 



Kill 



„du- 



Deaths 
Elsewhere 



Mitcn.jll LVunly, ..ioo 
ated from Shorter College She 
was a former high school mathe- 
matics teacher in Starke. 

Surviving are three sisters, 
Hilda J. Forehand of Albany, Ga., 
Flora J. Slade of Starke, and Myr- 
win J. Long of Atlanta. 

Mrs. Mar> T. Deanw 
School Teacher 

' DUBLIN, Ga - Mrs. Mary T. 
Deamer of Dublin, a former 
schoolte:!i:her here, died Tuesday 
of cancer al Fainiew Park Hospi- 
tal. She was 43 

The funeral will be at 4 p.m. 
Thursday at First United Method- 
ist Church with burial al Dublin 
Memorial Gardens 

Mrs. Deamer. a native of Mil- 
ledgeville. Ga., graduated from 
Tennessee Wesleyan College and 
received a master's degree from 
Emory University. 

Surviving are her husband, 
John R. Deamer. a son, William 
R Deamer of Dublin: a daughter, 
Mary Margaret Deamer of Dublin: 
and her parents, the Rev William 
A- Tyson and Margaret Breeden 
Tyson of Atlanta 

Mrs. Sam V. Hender«on 
Hoomnakrr 

OXFORD. Ga - Mrs. Sara V. 
Henderson of Oxford, a home- 
maker, died Monday at her home. 
She was 77 

The fbneral will be at 2 p.m. 
today at Caldwell and Cowan Fu 
neral Home in Covington with 
burial at (he Oxford Historic 
Cemetery. 



ORONO. 

S. Garwood o 
brarian a( th- 
brary. difii 
dayat Ih.; • 
Cenf-r. .'■;;• 

Thej;'. 
al 2:30 p.i 
Cemetery. 

She hec 
from 1948 u 

Survivir 
Garwood o: 
Mary Reeve: 
two brothers 
Duluth, Ga.. . 
of Atlanta: L' 
Denson of I 
Wallace and F 
Atlanta; and 



ANDEKSC 

Ml Melv:n / 
OKatui. fc • 
son pt&s«d t : 
1989 Funen 
l«v«tl t Son, i->: 

BAHNCTT 

lack it el Gooc - 
6sf Funeral it 
Thursday mon- ■ 
Baptist 0\imf 
Mans 

BERNSTtIK 

Ml Roj:>i I 



BISHOP 

Mrs Mary A B: 
Km Camens - 
1989 SIM IS t> 
who ited m 11 
dauititan. Mrs 
A Kaovm: son ^ 
Mn Maiianl : 
jraat-grandchiir 
saKl Thursday *- 
Saints Catholic 
Kieman oh<or. 
Iriends Tuesdai 
7 pm ID 9 . 
Wednesday al ' 
Memorial cont-: 



o 



o 




_I^.McCI«mefT and others opposed to landfill expanson in Walton County stand in front ol a runofi area 

Afraid of the water 



esidents fight plans 
id landfill near wells 

(•gardm 



note, Ga. - ■ Sandra and Mich.ifl 
lk-.»r lived fur five niontlis with 
Walton {oiinly landfill in their 

mes it smelled bad, especially 
: the summer when it was real 
Valker said "Vou could see the 
Jjwn in there where some of it 
ig up, and there were dogs down 

lings the Walkers could stand 
fear of something they couldn't 
r taste — lead contamination in 
- that drove the young couple to 
1-month-ol-' ^^n and move to l,o- 
w weeks 



J 



Questions about water pollution from the 
aging landOll. which does not have prolec 
tive liners or niointonng wells, arose wlu-ii 
the Walton Countj' Commission proposed an 
expansion of the site earlier (his year. 

About :j1 other families still live in llio 
trailers - c iniall homes o;i Hi'scoe Davis 
Road n.vT !r.e facility aiid all drink well wa- 
ter Most rir-.er thought ab.Mil waS.T ooiilanii. 
nation uniii they read about the problem in 
the local ne^ispaper. 

"We got real scared," Mrs. Walker said 
"The lad; from the Department of Natural 
Resources |UNK| came out and checked it 
She said il i»as fine, and that we were really 
lucky as close as we were. But we had still 
read all this other stuff, so we really didn't 
know what to think" 

Even scientific data has not cleared up 
the confusion or calmed many fears 

RESIDCNTS Continued on DIO ^ 




DeKalb Counly schools' pre- 
liminary plan for an expanded 
magnet school program caters to 
while parents and is far too nar- 
row lo comply with a federal 
court's desegregation order, a 
plainlifT in the case said Tuesday 

School Superintendent ltot)er1 
It Kiei'inan on Monday suggested 
magnet prot;rams for about 2,inu 
students Rut Roger Mills, a plain- 
tiff and vocal proponent of inte- 
gration efforts since 1975, said he 
believes more Ihan 10 times as 
many students would have to at 
tend new schools to meet the 
court's requirements 

■'You need to move about 
•25.(X)0 students, and when the su- 
perintendent proposes a plan that 
is going lo move or transfer about 
a few hundred, he's whistling 
Dixie," Mr Mills said 

"He's pandering to the inter 
ests of the most conservative ele 
nients of the white community 
He's saying. How can 1 appease 
the white community and con- 
vince the court this is all I can 
do''' " 

Mr Mills has said he believes 
DcKalb should strive for blacks to 
comprise between 37 and 77 per- 
cent of the student population at 
each DeKalb school. One-third of 
the coij:.1>"s ILO sclinnl.s fall with 
in that raiije no>v. 

School board Chairman Nor- 
ma S. Her:;niaii defended the plan 
unveiled Monday as an attempt to 
prevent white and middle-class 
flight from the school system 

"Were tr>ing to do something 
that will work and not end up 
with a school system l)eing 99 per- 
cent black and half the jcurrentj 
size," she said "If we don't do 
something the parents want, we'll 
lose not only white parents but 
black parents as well" 

Sixty percent of white parents 
and one-fifth of black parents 
said they would pull their chil- 

*MeGNETCon|.ou.KlonD12»- 



illgS 



praises 
ipic site 



,ia — Ma.vor An 
iddressing the 
of ,^sia Tuesday, 
la as a "human 
id portrayed the 
ict North Ameri- 
i\ng the Games 
e city where" the 
Kercome' comes 
nspired people 
e world." Mayor 

g. along with a 
■ers of the Allan 
ommittee (AOC), 
ing votes to sup- 
I to host the sum- 
nes in 1996 

International 
ttee (lOCl mem- 
uth IS almost an 
intry is a key to 
Some IOC mem 
sed reluctance to 
?s to the '•^■Jed 
fler the T Jos 
■s The II /ill 

3ntinuedonD12^ 




W A Boages Jr /Staff 

Abortion rights activist testifies 

Katie Moss, on trial Tuesday Ic simple battery, shows the mock- 
ing" Nazi saline she says she *3S making wtien she accidentally hit a 
police otficef%t a protest agarst an anu-aborlion group .Article, 04. 



Woman testifies Hammond 
was her ^maniac' attacker 



By Ouane Riner 

Staff writer 

A woman Tuesday identified 
Emmanuel Fitzgerald Hammond 
as the "maniac" who abducted 
her from her doorstep, raped her, 
stabbed her and leU her for dead 
in the same place where he alleg- 
edly dumped Julie Love's body. 

She testified at a hearing in 
which prosecutors in the Love 
case won permission to use her 
testimony and that of another 
woman to show that the circum- 
stances in the Love slaying are 
similar la those of other cases in 
which Hammond is accused. 

Hammond is to go on trial 
June 30 in the slaying of Miss 
Love. 

The woman testifying Tuesday 
said she was kidnapped at the 
door of her Morningside apart- 
ment on May 5. 1988 

During the next three hours, 
she said, Hammond, who wanted 
S500 for drugs, drove her to sever- 
al automatic teller machines in 
effort to get money from her 
checking account, then took her 
to the Grove Park area of north- 
west Atlanta, wihere she was 




raped and repeatedly stabbed in 
the chest and throat 

"I spent hours with this mani 
ac." the woman told Fulton Supe 
rior Court 

Judge Ralph H 
Hicks. "He 
thought he had 
killed me I 
pretended I 
was having con 
vulsions. and 
he stopped 
stabbing me 
and left " 

Hammond 
faces kidnap- 
ping, rape and related charges in 
the case of the Morningside wom- 
an, but has not been tried 

Hammond, a 24-year-old Mari- 
etta mechanic, is charged with 
the shotgun slaying of MiSs Love, 
a 27-year-old exercise teacher 
who disappeared in July 1988 
Miss Loves body was found in 
August in the same Grove Park 
area where the Morningside wom- 
an was left for dead 

Hammond was never tried in 
a 1981 assault on a third woman, 
a former Georgian who now livej 
in New York ' ■ 



p 



p- 



p- 



(. 

> 



s killed by a bomb Aulhon- 
igs are racially molivaled 

p, bombs 



1 






^ '"W 


^ 


I'lSiiL^ 



Robert E. 
Robinwn 



nation to 



I 24hour hol- 



lurnal-Con^liluiioii reported 

■!'^-/-iip Icltor?; conlain**d ap- 

■l.;lo.^iii. l.!;-iV, Md 111 

- wlont Judiciar>'." but oiTi- 

miiied the signincancc ofei- 

:cclined to say whether the 
ontaincd the apparent refer- 
s Day, 1987. Asked if the sig- 
te still is under investigation, 
several reasons which we de- 
m." 

stated its message for judges 
want to live, you shall make 
! rights of the innocent your 
, td you shall fulfill that 

> ir attorneys and the block 
ii.t^ie. if you want to live, you 
on required to prevent black 
hite women " 

■. Atlanta regional director of 
the letter to WAGATV used 

an unsigned letter addressed 

much more specific." 
t\ letter to the NAACP. also 
anta, mentioned the Ameri- 
nt Federal Judicial System 

said he and his office staff, 
hes in the Southeast, includ- 

were talcing security precau- 
es and homes, but he would 

this very seriously. We don't 
ans for a Competent Federal 
are. but they are deadly 

idge Richard C. Freeman of 
lieves he received mall from 
months ago. "When I heard 
; I recognized it . . | couldn't 
hat they v yying to say. It 
but it w. uircatening in 

;ge Albert J Henderson of At- 
nr I'm concerned We're all 
i» type of threat is made cs- 

-wnu or the rJSl fi M V c-Us " 

•.>' ■ ■ ■ ■ -:, 



SlHir«>T1IOI . 

The nullior of (he venomous "An'eric-ans for 
„ (omVelenl Federal J"<'"-'»'/>"''r"\ '';"",,'^ 
probably an intelliRenl but deeply disturbed 
man who thinks of himself as a victim who can 
shim his enuse is justified, experts on the crimi 
ii:il niiiid said Thursday 

The letter delivered to WAtJA TV reOerls a 
nniul lilled wrih aur.ei'. low self esleein and .1 
wllliiiKiiess to kill liM- adelitiiwi. said l)r li.ive 
Davis 

"He's reallv a sicko If 1 had to take a (."uess 
rishi off I'd say he was a paranoid person." said 
l)r Davis, a forensic psvehiatnst who works for 
the Secret Service Dr D.ivis develoiH-d a profile 
of the killer iii Atlanta s ■miismiih and murdered 
children" case for NIU' News and described a 
black male in Ins 20s before an arrest was made 
Wavne Wtllianis. convicted in two of the niur 
ders. IS a black male who was 23 when he was 
arrested 

Dr Davis said the letter's author is probably 
a while male in his 20s 

Han-ly are people like this over 40," he 
said 

■ Mv guess is that it is not one person writing 
thai letter. " said Dr Murtm Youngleson. a fort'n 
sic ps.vchialrist "It sounds like a veo" keenly 
worked on piece of propaganda, as if there were 
some kind of organization behind it " 

The mock legal style of the letter, which was 
discovered at WACA T\' Wednesday, postmarked 
Dec 21 with u return addn-ss of Americans for a 
Competent Federal Judicial System, is in keep 
ing with the type of person who could commit 
lUc bomhiiws. Dr Davis said. 



HAVE YOU SEEN ' 

JULIE LOVE 



an anger over UeinR virliiiiizeu iiiai uixii j... ••. . 
from a very strict childhood. I>r Davis said 

"Such people will quote their rigllts all the 
lime no matter what the eonversation. they'll 
be talking about victimization." he said 

The letter's author probably feels the killings 
of Judge Robert S Vance and lawyer Robert 
Hobinson are justified, said a forensic psyehia 
Inst who has worked on serial murders lie 
asked that his iiaim- not be used 

He said frequent roleiciices in the letter to 
the rape and murder of Julio l-ove whom the 
author says he is avenging with the latest kill 
ings and plans for two more — arc probably de 
signed to win the sympathy of the public or 
police 

The letter, which misstates details of Ms 
love's murder, is meant to make lier alleged 
killer sound as detestable as (Xissible. said the 
psychiatrist 

The need for recognition also may account 
for the person's care to leave an idenlilVing code 
in the letter to authenticate it 

"It's rather consistent with people who see 
their cause as just, that want to have an identity 
because ;hey don't want it to app<'ar the work of 
a crackpot, or of someone who shouldn't be lis 
lened to. " the psychiatrist said 

The person who wrote the letter may want 
police to catch him. Dr Davis said 

"If you don't want to get caught, you don't 
send a letter to a T\' station. " he said. Being 
caught, ho said, would bring the ix-i-son the fame 
he seeks. 




^Pijy 





JiJIe Itrrt'i tricfid* and relatives circulated posters 
and he'd tallies (or months alter tier disappeara'X» hop- 



ing ttx intormation on her wt>efeaboj:3. Her tx)dy was 
lound 13 rrxjnttis later. 



Writer of letter misstated facts in Love case 



By Adam (Mb 

Staff wtiter 

The writer of a letter claiming 
responsibility for recent fatal 
bombings says the attacks were 
prompted in part by the slaying of 
Atlantan Julie Ixive, but the let- 
ter's version of the killing differs 
notably from that of police and 
published accounts 

According to the letter, discov- 
ered late Wednesday by WAGA- 
TV and typed in all capital let- 
ters, Ms Love, "a young Innocent 
white lady was robbed, kid- 
napped, gang raped, sodomized, 
muiilered and dismembered by a 
group of black males. Her re- 
mains were concealed for an ex- 
tremely long period of time, leav- 
ing her love (sicl ones in 
exrruclating anguish." 

In lh° c«'' '^'"" " '" '-"^^d 



ness teacher vanished the night 
of July II. 1888; her car was dis- 
covered three da>-s later, out ol 
gas on a quiet street near Buck- 
head Friends and relatives 
mounted a massive publicity cam- 
paign to find her Police found 
her skeletal remains 13 months 
later, on Aug 24, in an illegal 
northwest Atlanta dumping 
ground after an informant broke 
the case 

Emmanuel Fitzgerald Ham- 
mond. 24, pleaded innocent and 
faces a death penalty trial in Ful- 
ton County Superior Court possi- 
bly as eariy as late January. The 
letter did not mention another 
case in which Hammond is 
charged with abducting, raping 
and slitting the throat of a white 
DeKalb County woman. 

William Maurice Porter, 20. 
plopded guilty Nov 6 to felony 



There was no apparent con- 
nection Thursday between Ms. 
Love and either Judge Robert S. 
Vance of the 11th U.S. Circuit 
Court of Appeals or Savannah 
lawyer Robert E. Robinson, the 
victims of the two fatal bombings 
Neither was involved in the Love 
case. 

Ms Love grew up in Mountain 
Brook, the exclusive suburb out- 
side Birmingham. Ala . where 
Judge Vance lived, but a friend of 
Ms Love's said Thursday that she 
did not know him 

According to the informant. 
Hammond's former girlfriend Ja- 
nice Weldon. she and the two 
men stumbled upon Ms. Love as 
they were driving home fTom a 
movie, abducted her and tried to 
withdraw money with her instant 
bankinF cards 




^ij'iM 





^-' 



<r 



e 



^rnOf« T»|S J ANUARY 30, 1990 ... 



$bric*s 



ill effort will fail 

nnott Counly Commission 
jnighl when the GwinncU 
n meets to decide whcth- 
:ion 

ney for Mrs. Webb, also 
ive would l>e slopped by 
:all petitions "It ain't go- 
I said. 

y they will challenge the 
They worked through the 
le bid to prove there are 
latures In the estimated 
ions office has deemed 
han 3,533 signatures are 

ue would l>e narrowed to 
and blasted the elections 
ns before either the elec- 

li;iii^ t? revi'"- the si^a- 



td b*ck in h -o--k^;'uj 
.yees held In Chad for 20 
ficials rewaled Monday. 
r Force Base by pnvate 
r.rmbers of their families. 
ees would comment Mon- 
le book is dosed and we 
ation," Lockheed spokes- 

, Marvin Gamblll and Er- 
n government for destroy- 
raft the coi-'vy had pui^ 
i. State D< iienl rules 
the manua 



Security tightened for Juiie Love slaying trial 



{ lh« css1«tat>l m^niftr of 
en mUaing since Jan 13 
Kay Jewelers about 12 i8 
nt3 and wouM be late for 
Ir Daniel, who lived with 
I their home and has not 
uda ax Is also misflng. 
evidence of foul play, but 
I out of character for him 
jid. • 



-' actlofts In toans 

hfcs hired an AUmla law 
ed by bank personnel who 
ators »ay helped launder 
d Monday. 

ell Goldstein Frazer and 
t" to determine if any In- 
lid James A. Eidson. attor- 
Ihe institution hai broken 

investigBtion." Mr Eidson 

lanta Journal-Constitution 
T investigating the role of 

loans that were used to 
Icker and also allowing a 

safe deposit box under an 



ntana bi drug c«*e 

) Atlanta residents were 
ie with Intent to sell af^r 
y six poun *\Cocaine In 

rd Blake Da..iel Clement, 
idifer. 23. of Atlanta, held 

the Customs Service, filed 
•d Ms Si.--'if'?r XIrmpted 
Cr. r\a<ift c.'i S-.i.'.,-;. t-^- con- 
» ■ V • V / ■ ' .- lo 



ByOuaneRiner 

SiaH wTiief 

Security will be tight and seat 
ing limited as 
jury selection 
begins today 
for the trial of 
Emmanuel 
Fitzgerald 
Hammond, v 
could face the 
death penaltv 
in the July 1988 
slaying of Julie Emmmual 
I-ove Hanmond 

Spectators at the murder trial 
will have to pass through two 
metal detectors — the one nor- 
mally u.';ed at the building en 
trance to screen visitors entering 
the courthouse and a special de- 
vice set up outside the niiilh-fldor 




courtroom of Fulton Superior 
Court JudRe Kalph H Hicks 

Furthermore, the courtroom 
will be checked before each daily 
session by security forces aided 
by bomb sniffing dogs, and key 
court officials, including Judge 
Hicks, have been furnished vvilli 
bulletproof vests 

Security precautions for the 
trial, the strongest since the lfl82 
trial of Wayne Williams, who was 
convicted of two murders in the 
"missing and murdered children " 
case, were prompted by a letter to 
WAGA-TV from an anonymous 
writer who clainuHi responsibility 
for the mail-bomb killings of llth 
US. Circuit Court of Appeals 
Judge Hobert S Vance and Sa- 
vannah lawyer llobert K 
Kobinson. 

The letter indicated ilie bomb- 



ings might have been partially in 
retaliation for the rape and mur- 
der of Miss l.ove. a 27 year-old 
children's exercise teacher who 
vanished from a Kuckheud .street 
on July II. 1988. and whose body 
was discovered last August in a 
wooded northwest Atlanta dump 
ing ground. 

Maj Berle S Brereton, who is 
in charge of court security for the 
Fulton ShcrifTs Department, said 
only 80 visitors at a time will be 
allowed in the courtroom He said 
that if public interest is high, 
spectators may be rotated for 
morning and afternoon sessions 

Besides having four deputies 
in the courtroom during the two 
to three-week trial. Major Brere- 
ton said, he will assign five or six 




OiiWd* ETA oMcM, Doug MofTison o( No(th Caro- 
lina kicks down a door (yrrtiolizing wtiat the environ- 
memalists caAed the EPA's ck)6ed-ckx)r policy. The 



John Spiflk/Stafl 
environmentalists nriet to criticize the EPA's hazardous 
waste polkry in the South, urging reductkxis In 
waste productkw instead of an Increase In dump sites. 



Critics blast EPA's toxic waste policy 



They urge less waste, 
not more dump sites 

By Scott Brenitaln 

Stall writer 

A dozen environmental lead- 
ers from grassroots organiza- 
tions in seven southeastern 
states blasted the region's Envi- 
ronmental Protection Agency of 
ficials Monday for promoting 
hazardous waste facilities and a 
regional agreement between 
southern stales to manage haz- 
ardous waste. 

The environmental leaders, 

who h«ve gathered In the city 

r;£p^ ■ wwckefid conCfr^ncc. said 



in the South. They said the re- 
gion leads the nation in dealing 
responsibly with the hazai^ous 
waste protjlcm. 

"The plan to build more 
hazardous waste treatment fa- 
cilities in our slates will guar- 
antee more toxins in our air, 
water and bodies," said John 
Bragg, representing a citizens 
group called The Healthy Air 
and Water Campaign, in Pasco 
County, Fla., where a waste in 
cinerator is being planned 

Mr. Bragg was joined by oth- 
er critics (Vom North Carolina, 
South Carolina. Tennessee. Ala- 
bama and Kentucky as well as 
elsewhere In GeoifEia 

-Thp dcrUlon lo bolM more 



IBmiiiiJUyglll^lJ^^ 



am 



of policy, planning and evalua- 
tion branch of the southeastern 
EPA office, said the critics arc 
wrong about the efforts to con- 
trol hazardous waste In the 
South 

Brian Hunt, the Greenpeace 
spokesman in Atlanta, said "Ev- 
ery slate should be responsible 
for its waste But they should 
not simply make more facilities 
that will make more toxic vic- 
tims, like those in Alabama and 
South Carolina." 

Five southern states have 
currently agreed lo form a com- 
pacl Tor hazardous waste dis- 
posal — Alabama. Soiilh raroH 

li Nr-th C;«-c:.n. , ■, ..r "w-- 



specialisLs in riot control to pa- 
trol the hall outside the 
courtroom 

F'ulton Superior Court Admin 
istrator Sanford J Jones, who 
heads up a security committee for 
the court complex, said the panel 
determined "it was l)est to make 
an extra effort to assure there 
would be no incident during the 
trial." especially in view of the 
reference to the Julie Love mur- 
der in the letter received by the 
television station 



Hammond, 24, who will be 
tried on murder, kidnapping and 
armed robbery charges, will be 
transported from the Fulton 
County Jail to the courthouse in a 
different car each day of the trial.. 

immumlyin 
milk probe 

Dairy insiders to testify 
in price-fixing case * 

By Mm King 

Staff writer 

Three former or current dairy 
orriplo^.:-:^ ■n;^^e been grniit'-rd ir-t- 
munity liom prosecution in ex- 
change for testimony regarding 
allegations of price fixing on 
school milk contracts in Georgia. 

Prosecutors in Gwinnett Coun- 
ty agreed Monday to grant Immu- 
nity to Jack A Harris, an employ- 
ee of Atlanta Dairies, who 
invoked his Fifth Amendment 
right against self-incrimination 
two weeks ago when he appeared 
l)eforc a counlj" grand jury. 

Tom While, a former employ- 
ee of Meadow Gold Dairies, and 
William Witers, a former employ 
ee of Flav-O-Itich Inc . received 
similar grants last week, accord- 
ing to Assistant Attorney General 
(Jeorge Shingler, who is heading 
the investigation. 

According to court records in 
Florida, Messrs. White and Wa- 
ters were named as co-conspira- 
tors In a civil lawsuit there in- 
volving price fixing that resulted 
in the state recovering more than 
$33 million in damages. 

All three dairies, with nine 
others, are the targets of a Geor- 
gia lawsuit filed in federal court 
last year by Attorney Oneral Mi- 
chael J Bowers. The suit charges 
the companies with price fixing 
and asks for unspecified damages 
that authorities say could total 
tens of millions of dollars. 

A special grand jury was con- 
vened in Gwinnett in November 
to investigate whether dairies 
have committed criminal 
wrongdoing 

Mr Harris was one of four At- 
lanta Dairies workers who re- 
fused to testilV" before the Gwin- 
nett grand jury two weeks ago. He 
is the only one of the four to re- 
ceive immunity. 

Mr. Shingler told Superior 
Court Judge Homer M. Stark on 
Monday that the itair opposes 



e 



e 



& 



FRI, FEB«U>U(Y 9, 1990. 



3riefs 

xnmissiw) at sir 

ilalooT was admilled to 
or a routine diabetes 
n. bul will remain in 
I said. 

I county spokeswoman 
ij;< will tx' handled by 
ids as usual and (Mr 

lized several days. Ms 



5 I>{mi for &c}v>ols 

day approvird a redis- 

clations between resi- 

unty. 

ef 5-0. with no major 

I that the plan would 
>od school concept be- 
c transferred next fall 



irt at apartments 



the slayir 
uthwest f 



j apart- 



viclims were shot to 



fuL 



in Iront 



(yboth victims, but J.B 
le in southeast Atlanta. 
. Cassandra Brown, a 
1 had moved from the 



m for legal costs 

imilh sued the County 
ts inrunrd last year to 
he fi: ncalt-d property 
wtcnL 

■mbcr against the corn- 
Mr Smith's ouster. A 

Superior Court- 
is on previous day 

ir Thursday morning is 
drug related slaying 
met said 

«le»sed, was found just 
o*! N W He had been 

<l uid the killing is be- 
•tio w«s lulled Wednes- 
■InsJrDnve 

*'"'«*oolboarxl 

jiwiBW Z«nda J Bow- 
^(JM.rcusV Bellas 
?«E»« Point 
^?«|;orts outside her 
SS^ '" ''"cember to 
gl*^' )lerm ex 

'"""•'Alports 



Hammond lawyer: No insanity plea 



Judge reschedules 
Love slaying trial 
to begin Feb. 19 

By Duane Rin«r 

StafI writer 

The man accused in the shot- 
pin slaying of Julie l.ovc knew 
rislil fmm vning at the lime of 
her .July 1938 disappearance and 
is compolcnl to stand trial, a de- 
fense psychiatrist reported 
Thursday 

After receiving the findings of 
Dr. James S Cheatham. Fulton 
Superior Court Judge Ralph H 
Hicks canceled plans (or a jurj to 
determine the competency of Fm- 
manucl Kiligcrald Hammond and 
rescheduled his trial on kidnap- 
ping, armed robbery and murder 
charges for Feb. 19. 



The trial, originally scheduled 
to begin with jury selection on 
Jan 30. was postponed aller Ham- 
mond's lawyer, William A Vie- 
hunt, told the court that mental 
and physical examinations had 
not been completed, and their re- 
sults might cause his client to 
switch his plea lo not guilty by 
reason of insanity. 

Mr. Wehunt said Thursday 
that, in lijhl of Dr Cheathsn's 
findings, ho woiiM n<'t'use an in- 
sanity defense and tiiai Ham- 
mond's not guilty plea would 
stand 

In his report. Dr. Cheatham 
said psychological testing of Ham 
mond did not reveal "any signifi- 
cant signs of mental disease or 
impairment" 

In fact, the report added, 
Hammond was found to be a 
physically healthy individual free 
of any active mental problems. In- 




telligence tests placed Ham 
mond's IQ at 83. which the psychi 
atrist described as "the dull 
normal range of intellectual 
abilities" 

"Based on my 
evaluation of Mr 
Hammond. 1 am 
of the opinion 
that he possesses 
^■.:fricieiit mental 
opai'ily to un- 
dcrb.i;flnd the na- 
ture of the 
charge; afjaiiis! 
him and that he- is competent to 
assist counsel in his own defense 
and to stand trial." Dr Cheatham 
wrote 

The psychiatrist also said his 
examination led him lo the opin- 
ion that Hammond possessed 
"sulTicienl mental capacity at the 
time of the alleged offenses to 
distinguish right from wrong and 




to adhere lo the right" 

Both Judge Hicks and Mr We- 
hunt said they concurred in the 
psychiatrist's findings and had 
not detected any mental problems 
in the man who could face the 
death penalty in the slaying of 
Miss I.ove, a 27-year-old pre 
school (11 "»'..< ■.;-''chor whose b(>dy 
was d'.'Cuvried last August in a 
woodid northwest Atlanta dump- 
ing gn-iind 

Pro.'-cculors suy Miss l/i • 
picked uv by Hammond. 2« - 
cousin, 2o yoHr-olfi '.Viilinn, 
rice Porter, after lior car ran ..•u; 
of gasoline on a northwest Atlanti 
street She was transported to 
several automatic teller machines 
in an attempt to siphon money 
from her bank account raped by 
Porter, who pleaded guilty to his 
role in the crime in December, 
and then killed by Hammond, in- 
vestigators said. 



Board will let assistant 

to Hams siay in job; 
school workers angered 



By John Blake 

S^ writer 

In a mqve that school employ- 
ees said smacked of special treat- 
ment, the Atlanta Board of Educa- 
tion said Thursday that it will 
keep an assistant sui>erintendent 
in his post CNCn tho-dj-h Ik- dK'S 
not meet his job's requirements. 

Board President D.F. Glover 
said GarTield B. Harris will con- 
tinue to serve as assistant super- 
intendent of facilities, though he 
does not have the required de- 
gree for his job. 

Dr. Glover said the board was 
satisfied with Superintendent J 
Jerome Harris's explanation — 
that the job requirement was 
written specifically to suit Gar- 
field Harris's predecessor. 

"The superintendent admits 
that an error was made and thak 
in the fiJture a job descriptioir 
will be written impartially." Dr 
Glover said as he left a four-hour 
meeting with the board Thursday 
night 

Board member Joseph Martin 
said Mr. Harris's work perfor- 
mance — not whether he met his 
job's educational reqtjirement — 
was what was important 

"He is doing a great job." Mr 
Martin said. "I am saying that any 
Jib that slates an artificial aca- 
demic requirement is an error" 

School employees who attend- 




standards." she said 

Charles Maddox. a heating 
mechanic for the city's schools, 
said the board's decision will de- 
moralize employees and students. 

"We're in the business of try- 
ing to leach children that every- 
body has an equal opportunity." 
he said "If we keep a person who 
is unqualified in a position, we're 
telling kids it's not what you 
know, it's who you know." 

The Atlanta-Journal Constitu- 
tion learned two weeks ago that 
Mr. Harris, who is not related to 
the superintendent, lacked the 
degree required for his post 

According lo a job description 
published by the Atlanta public 
schools' personnel division, a 
bachelor's or master's degree in 
building construction manage- 
ment, engineering, -arehitecture 
or educational admfnistrtlion 
was necessary. 

Mr. Harris does not have any 
■if 1^0?-' do:^fv><: r^ynr-r- '•-^-■r hi? 



TUES., FEBRUARY 2 0, 199 . 



.ate 

iefs 



Jury selection slow as trial starts in Love case 



lect armed with .22 

lUlo llu'll Mispri-l Monday 
nin at him during a sIriiR 

: (he oulconie of the iiivos- 
s identified as GreEon- 1) 
las taken to Grady Memo- 
ry Monday aftenioon and 
onday nighl.aspokesniiiii 

:h ihefl by possession, ag- 
ssession of a firearni dur- 



TA bus In DelCnIb 

. »lii>n ;i pu'kiii) 
; Menivirial Drive 

, Pniue Williams of 1914 
bunly police wilh hiland- 
101 having proof of iiisiir- 

it of ihe injuries, although 
red went lo their own phy- 
A spokesman said 



in s«rk>us condHion 

by a picki. Jck while 
Kridav. remained in seri- 



, .: .'.„ynoW..iKor:i,i;'.i 
hollos, including driving 
:eravated assault, said po- 
it-and-run unit 
n the truck, which was be- 
er vehicles, slammed into 
Piedmont and East Paces 



^ cancel closings 

or will not be closed Fri- 
er Joe Tanner announced 
loughs of department em 

use of a S6 3 million short- 
administer the unemploy- 
lall Labor Department of- 
h. and all 1.700 employees 

d such furlough, but it was 
nations Committee recom- 
:>n in administrative funds 
I allowing the department 
for several Labor Depart- 



rc« on weekend pass 

te has been charged with 
1 while free on a weekend 

lead with a large board as 
len » as fom ^lo a wood- 

!, on Saturdayand charged 
tent to commit murder and 
il and held without bond 
'«meanor loitering offense 
s misdemeanor conviction 
I »liice Christmas, authon 

■> 




Cinnunue4 RtzgeraM Hammond 

CouW 'e\.-* ve the death penalty 



By Diune Riner 

Sl.lfl>^"te' 

Jury selection moved at a 
snails pace Monday iii the trial of 
Kinmaniiel Kil/gerald Hammond, 
:!■). who could face the death pen- 
alty if convicted of killing Julie 
I.ove 

H\ the end of the first day, 
only 13 of 30 prospective jurors 
H ho were questioned were asked 
to return for later consideration 

TweKc jurors and three alter 
nates will be selected from 54 
found to be qualified, a process 
thai court observers said could 
take all week 

Twenty-four members of (he 
f^rst panel were excused early in 
Monday s selection process be 
e»use of potential fiiianeiul nr 



physical hardships after Fulton 
Superior Court Judge Ilalpli H 
llicks announced Ih3t Ihe trial 
might last three weeks and that 
jurt)rs would be sequestered in a 
hotel at night 

Nine more were removed be- 
cause of opposition lo the death 
penalty, and four were excused 
because (hey said they had 
formed an o|)inioii that Ham- 
mond was guilty based on news 
accounts or conversations with 
others 

Jury selection in Ihe widely 
publicized case — in which Miss 
Love, a 27-year-old preschool I'lt- 
iiess leachor. was kidnap|)od 
from a northwest Atlanta street, 
robbed and shot to death - fol- 
lowed a lengthy round of pretrial 
iKMi'iiigs required in death penal 




Dan A*en (left) makes a point as Steven Boyd kxAs 
on durng ttie first meeting of the 21 -membef CobC 



CaVin Oucsreiafl 



County CommunJty RelatKXis Council Mooday. Calls 
for Its establishment began seven years ago 



AcKisoiy panel to deal wth concerns 
of Cobb's minorities has 1st meeting 



BylMciUyiMMm 

Sla*f<»Tf,e< 

Cobb County's Community 
Relations Council met for the 
first time Monday, seven years 
afler the first of several inci- 
dents of racial violence sparked 
demands for its establishment 

"This board should serve to 
heighten the consciousness of 
the county," said Jerry Dodd. 
president of the county's 
NAACP 'If the issues we are ad- 
dressing get aired publicly, peo- 
ple will have to pay attention It's 
too early to tell, but we're look- 
ing for a vast representation of 
minority groups around the 
county ■■ 

Calls for creation of an advi- 
sory board lo address minority 
concerns began after a black 
family's home in Mableton was 
riddled with shotgun fire in 1983 
No anion v.as t;-i:"n. .'•i-H Ih'- <-^ 
ques" 
bl? 



again when a cross was burned 
at a predominantly black church 
in Powder Springs in 1988 

The 21-member board, 
formed after years of pressure 
from minority groups, more than 
doubles the numt>erof blacks ad- 
vising the County Commission, 
from five to 12 As of Jan. 1, just 
17 blacks served among the 530 
members of citizen advisory 
committees in the overwhelm- 
ingly while suburban counties of 
Cobb. Gwinnett and Clayton. 

In addition to racial attacks, 
issues expected lo come before 
the council include increased 
funding for welfare organiza- 
tions such as shelters for the 
homeless and the mentally ill. 
said Ginger Kaney. director of 
MUST Ministries, which oper- 
ates Cobb's largest homeless 
shelter and food kitchen. 



tally ill people who are not being 
taken care of. for example, and 
I'd like lo find some way to deal 
with them" 

Cobb runs a pilot three- 
month day shelter with 25 beds, 
but ftinding is due to expire 
March 31. she said 

The new council also will 
seek to expand the county's bus 
system to serve more low-income 
people in Marietta and Smyrna, 
according lo board member Ste- 
ven M. Boyd 

Gwinnett and Clayton coun- 
ties are forming their own com- 
munity advisory boards, which 
would begin meeting in March or 
April 

"The message we're sending 
lo the community is that every- 
body has a right to be treated 
justly and fairly." said Cobb 
rommis<;i"n rhiirman Philip I- 



ty cases 

The last preliminary hurdle 
was cleared Feb 8. when a de- 
fense psychiatrist issued a report 
saying Hammond knew right from 
wrong at the time of Miss Loves 
July II. 1988. disappearance and 
is competent to stand trial 

Security in the Fulton Superi- 
or Court building was the tightest 
since the 1982 trial of Wayne Wil- 
liams, who was convicted of two 
slaymgs in the "missing and mur- 
dered children" cases Visitors to 
the trial were required not only to 
pass through the regular metal 
detector aUiie building entrance 
but to clear another screening de- 
vice outside the courtroom A spe- 
cially trained riot squad aug- 
mented a beeled-up contingent of 
slieiiU's deputies in the court- 
room and adjacent hallway 



supermarket 
bomb probe 

ByChudiBHI 

Staff wnt Of 

Federal investigators will re- 
ceive information from police on 
a Sandy Springs teenager who 
purchased materials lo make a 
bomb three days before explo- 
sion' .It t^'-o H->-^.!l sii|---rm.--r- 
I.I.-U.. i'lill.iii (.'■•Mi.iy |.i:,ce it.id 
Monday 

"VVe"ll pass what we have 
along lo them and let them decide 
what they want to do about it," 
said Detective Steve Rose, a Ful- 
ton youth investigator. Police said 
they have no evidence that the 16- 
year-old is connected w ith Satur- 
day's supermarket bombings 

The teenager went into the C 
And C Hardware Co at 6247 Ros- 
well Road on Wednesday and 
purchased copper pipe, end caps 
and two boxes of kitchen match- 
es. Detective Koie said 

The clerk told police the boy 
told him he was making a bomb. 
The clerk got the license number 
oflhe teen's vehicle and gave it to 
police. 

The rash of hoaxes sparked by 
the grocery bombings continued 
Monday night North Fulton Re- 
gional Hospital in Roswell evacu- 
ated all 96 of its patients to a med- 
ical building next door for two 
hours after receiving a call that a 
bomb was set to go off in the 
building 

"Normally we would not have 
evacuated, but because of what 
just happened at the Roswell su- 
permarkets I decided we had to,"" 
said Frederick Bailey, chief exec- 
utive officer of the hospital. 

Police said Northside Hospi- 
tal received a similar call, appar- 
ently from the same woman who 
has placed many of the hoax calls, 
but decided not to evacual^ 

The two ^"{^""'Tt^if— 
which »PP'^r^'l±fJal>c»ii 



e 




INSIDE 

Legislative news 3 

ScLccice/Medicine 5 
Obituaries 6,7 



THE ATLANTA CONSTITUTION 



TUESDAY, FEBRUARY 27. 1990 




EmvumucI Hammond Iiated white women, witness testifies 



Defendant's ex-girlfriend tells 
her version of night Love died 



Murdar dHa idj »i< Emmanuel F. 
Hammond iise^^ n court MorxJay 



ByDuaocRiner 



The former girlfriend of (he 
m»n charRcd with the shotgun 



said he hated while women. He 
haled his stepdaddy t>ocausc he 
was white and didn't want his 



mom to marr>' thai while man." 
said Janice Weldon. the former 
girlfl'iend of Kmmanuel K. Ham- 
mond, 24. 

His "stneot name," she add- 
" ■ "Dt'fiiou." 

W<;ldon's tt.'tim.iny 
■ II the oi'enir? dsy of 
i;:ii.iiib:T-.d's Fulto.n Counl.v Su- 
pcrlorCourt murder trial for the 
July 12, 1988, slaying of Miss 
l.ove.a27-ycaroId preschool ex- 



ercise teacher abducted from a 
Buckhead street. 

Co-defendant W. Maurice 
Porter has pleaded guilty to his 
role In the rjip- nnd slnvini' in 

t.V 1 

..f:. •.,.; 

ScCHril.v IS iiiuitnaliy >li ;cl al 

the trial. A group claiming re- 

Dsase sae LOVE, B4 ►• 



0^ 



7l^.J^^^J<^' 



iarncc Weldon testified her face 
was hurt wtien Hammond beat h©' 





Rh:hard MuHiM (tap* cut of his house in Fannin 
County. The retiree's home was knocked off its foonda- 



tion by IkxxJ waters He's hoping to get enough disai- 
tef relief nxmey "to make my bouse livable." 



Hood relief trickles in 

Disaster aid centers taking applications in North Georgia 



By John Hmiihmi 

Staff witter 

McCAYSVlLLE, Ga - A ray 
of hope relumed to this river 
town devastated by flash flooding 
1 1 days ago. as residents Monday 
filed into a elementar>' school 
gymnasium to apply for federal 
disaster relief 

"It's not going to cover every- 
thing, but they say they can get me 
enough money to make my house 
livable." said Richard Mullins. 
whose Fannin County retirement 
home upstream of McCaysville 
was knocked off its foundation by 









McCaysville 

Rellel center of>ens 




i^*^ 




aSj ^^1^ - >> 


^ ^Ss^rtisu^ 


T^ 


Blv;:.^" 







Saturday trom 9 am. to 6 (i"- 
while the Eton center win« 
open only through Wedne^ 
then will move to a Floyd (^ 
location yet to be de"™'"**. -j 

About 30 PfP|? "i^i 
through the D""* "lis- 
ter Monday at ^'['^j^r*^ 
Ury School, recelvl^" 
on grants and loany 
surance and •J* 
people whoae W", 
sur*d are elK<^j 

•Thii H q"{<*J 
esJing.- **^i/f^ 
sr.okrtn»«n_2l.; 
or »*>" 




--•^■M ^^ii n iii MMM** aa-. -^'irm. r mH 



that opened Monday to t«rve 12 LaFayette In Walker County, 



'^ir-^m:,;^>':Mi- 



(Thr Atlanta Jiiiirnal ANn <X)NSTlTirrH>N TUES , FEBR UARY 2 7, 1990 ... 








Peach, sppte growers report little damage from freeze 

Aftpr rht-ckiMK Iheir orchaixis Monday, (icoreia's poach and ap- 
ple KroMor^ reptirti'd no significant crop damage from siibfreezinR 
weekend I. -feralures. allliout;li some early peucli blossoms were 
killed 

Several eroKcrs around the stale said the cold danger will not 
be over for ihe next three or four weeks, though the slates immedi- 
ate forecast calls for a slight warming trend 

■ l)r Maunoe Feree. head of the University of Ceorgia extension 
horticullurv deparlnient. said a breeze during the wee hours Sun- 
day and .Mor^ay may have prevented damage. "Both nights the wind 
blew and ke fX the temperatures considerably above those that were 
fdrecasl." he said 

Soldier d>e« as tanker truck expk>des at Hunter airfield 

SAV.ANN\H — A soldier was killed Monday when a parked 
(anker truck containing a small quantity of aviation fliel exploded 
andcaughi il'C in a motor pool parking lot at Hunter Army Airfield 

The UirVer truck, designod to earn,' 2.WK) gallons of jcl propul- 
sion ftiel. V iS almost empty when the accident oecurrt'd at 9 10 a m. 
accordinc i ■> Set. Jon Myall, a spokesman for the Army post 

T':.' \ ■•■ - '■: v-n-:'U^ Cir.l c1-i-;s :inH :• ri ■I:.'^.-r .^f!*-^ 1st Hattal- 



Group fft veleraris lv>n>a chslleiigeti slate inx4;ing rules 

MILLEKEMLLE — A group at Ihe Georgia War Veterans 
Home in Milledgeville wants to know who has the right to decide 
where, and if. smoking should be perniilled in state-supported hos- 
pitals 

The Ocor.ee Smokers Hights Group was formed by residents at 
the home, uhere smokers must go to a healed, screened oulside 
porch to indulge their habit "We think it is just not a fair way to 
treat men uho consider this their home," said Charles Whillle, a 
non-smokinj resident and a member of the group, whose 23 mem- 
bers hope 10 win the right to negotiate smoking regulations at the 
home. 
CHy name* grand marshal for St. Patrick's Day parade 

S.aV.-..'- '. -.Ji — Hiisiu..-.-<:n^^r. Iv-NT, :i,,:0.in v.;,l l-; g,.i;.d 
marshal oiir.e ISiOSt Patrick's Day parade here. 

Mr. Reirdon was elected Sunday by the SL Patrick's Day Parade 
Committer Chosen as chaplain was the Rev John Kenneally, pas- 
tor of St Jarr.es Catholic Church. 

' Michael Bejtagh, 1990 general chalnnan of Ihe committee, said 
the March 17 parade will have 42 bands along with dozens of floats. 

Mr Reardon retired In 1988 as a manufacturing manager with 
Union Camp Corp. He later founded Southern Corrugated Machin- 
ery in Pembroke. From stafl and AssooaiK) Press reports 



Judge OKs 

Eioiii''s iapetl 
confession 
to 2 killings 



By Jwt« O. HM)*«n 

Staft writer 

A Clayton ('ounty Superior 
Court judge ruled Monday that 
Ihe videotaped confession of 
Martha Ann Johnson, who alleg- 
edly killed all four of her chil 
dren. Is admissible as evidence. 
paving the way for an April 30 
murder trial 

The taiH-d .statement to Clay- 
Ion County police before her 
July 3 arrest, in which she con- 
f.'sscd to killini-; (v.',i r,f ti.^r chil- 
dven by : 
her Icxi'. 
slal"'s c 
old H.Mi.y .-. : . , . 

Mrs Johnson's alliirr.e:. . Col- 
in McDonald, said Ihe ruling by 
Clayton County Super;or Court 
Judge Kenneth Kilpalnck was a 
serious setback "But >ou gel a 
second chance wilh Ihe jury 
They can still determine how 
much weight to give those sLale- 
ments," he said. 

Mr McDonald had sought to 
suppress Mrs. Johnson's video- 
taped statement, along with oth- 
ers made the same day lo police, 
arguing that she had b*-en co- 
erci>d. Howov.-r. J:,d^; Kilpil- 
rifk nil.^j ll):i; ..ii |i,.j ^-^'.-.tict.is 
Mrs. Johnson made to police be- 
fore her arrest "meet the consti- 
tutional requirements for admis- 
sibility." 

Mrs. Johnson, who weighs 
around 200 pounds, was indicted 
last summer for the murder of 
three of her four children, who 
died between 1977 and 1982 A 



Love: Witness gives her version of sla\ing 



► Co<n 



CTiBl 



sponsibility for a rash of Decem- 
bier mail b'^mbs that killed a fed- 
eral Judge and a lawyer in the 
Southeast have cited the slaying 
ofMiss Lee as one of the reasons 
for their attacks 

Hammond's attorney, William 
A. Wehunt told jurors in his 
opening state- 
ment that Por- 
ter and Ms. 
Weldon were 
the actual kill- 
ers and that Ms. 
Weldon point 
ed the finger at 
Hammond be- 
cause of her 
jealousy over JukLowa , 

his dating other women I 

Ms Weldon, 34, who remained 
silent for more than a year before 
telling police about the killing, 
testified that Hammond threat 
ened to k:ll her and her children 
if she revealed his role in the 
death ofMtu I^ove 




Miss Love's body was found 
laslAugustina northwest Atlanta 
dump after Ms. Weldon came 
forth. 

Ms. Weldon, who went to po- 
lice after allegedly being beaten 
by Hammond, recounted in stark 
detail the abduction ofMiss Love, 
whose car had run out of gas on 
Dover Road near Howell Mill 
Road. 

Her account drew tears horn 
members ofMiss Love's family. 

According to Ms. Weldon, who 
was with Hammond and Porter 
when the kidnapping occurred, 
Hammond pulled Miss Love into 
the car that night after she re- 
fused his offer of a ride. 

Ms Weldon said the trio drove 
Miss Love lo the rear of Grove 
Park Elementary School, where 
they rifled her purse While Ham- 
mond held Miss Love at gunpoint 
behind the school, she and Porter 
used her bank machine cards to 
try lo withdraw money fi-om auto- 
matic teller machines al the West 



End Mall 

But Miss Love had given Ihem 
false personal idenlirication 
numbers, and the machines re- 
tained the bank cards 

Hammond, enraged, hit Miss 
Love with his shotgun. Ms Wel- 
don told the jury of six men and 
six women who will be se- 
questered. 

Porter, under Ihe guise of 
warning her against angering 
Hammond again, took Miss Love 
aside and raped her. Ms Weldon 
said. 

Ms. Weldon, who was not 
charged, said she got Hammond 
and Porter to drop her off at her 
hogse that night after the bank 
cards failed. 

When Hammond and Porter 
returned to her College Park 
apartment around 7 am. on July 
12, Ms. Weldon asked what had 
happened to Miss Love Ham- 
mond told her that he "blew her 
head ofT, " Ms Weldon said. 




Martha Ann Johmon, shown in 
court last summer, will go on tnal on 
charges she smolhored her 
daughter, Jennyann Wnght 

fourth child died in Fulton 
County, but no action has yet 
been taken in that case. Police 
said Mrs. Johnson has confessed 
lo Ihe fourth d'-alh 



suspicions of the cmloiens 
deaths, Clayton County police 
dropped their investigation in 
1982. following the death of Jen- 
nyann Wright, Mrs. Johnson's 1 1- 
year-old daughter from a former 
marriage. 

The case was reopened at the 
end of 1988, following inquiries 
by The Atlanta Journal-Constitu- 
tion, which published an article 



Wayne Bo 

died, ak>n( 
while in ttv 

that chro 
months \i 
now lives 
arrested 

murder ( 



Ti.. 
only wi 
Jennyaii 
was attn 
phyxia" i 
In her ' 
Mrs Johi 
vince hei 
her, she 
with her 
asleep, si 
until she 



All.iiu'srf ■■_ !■ • . - ■^. • .■■ -ci J,i 

|Va>,'>Ji in ; I. >!• ■:■'.*-,:--.; -v ;.-;. ^ 

Some «nj^' each iss^S! VI 'sctnTsowTua. , 

B*jt Ibf min)' oiIkts, tht (ran^itkni of Go?' 
seasons Is ofl^n KSS«KiBU--d w-ltti slnus-rdiled pij 
Intense hewlaches, chronic pressure ind nsil M 
Most sinus sufferers rdy on o«i-lhe-counler iiie«l 
But (hose with serious s)inptoms require more. 

At MetropoUiui HospluU, »v know when i stai) 
intibMic or decongestant can give you reUef. But 

Sinus. Wee 




Q 




Second rape charge filed; 
suspect held without bail 

leny Thackfeos Greenway motions to his (amity as he is escorted 
Tuesday from a Cobb County Suporiof courtroom by a sf>efttrs deput>' 
Cobb auihomles diarged Wc, Greenway wnh a wcond count ol tLssi 
In^'otving an attadv at the Concepts 2t apartment complex (rigW) in Mar- 
ietta. His rKju-.isI (or tiaJI v,-<is *:>n»«j. Tt>o part-time S'Xiirily ooird 
i..,d l>-0(i (i«-eo.-i 1.^.1 i.1iw ini;..-i!|y Ifcji.ig c'.«i(v>a1 Frfb. 7. AuiIkjim'^ j ;-:y 
ti^ is lini">-d to ottnf f jpMS i;t !!19 coo ,>'*«. ;v>a snirw. Pi jq CS 



CaN'in L-^uce.Mnrt 




Djn-KiWpTk,';-'un 



..^ , L-Uf ^..,„. ,„ 

■aylor County niod a lawsuit 
Tuesday accusing Ck>v Joe V^"" 
Harris and other stale oiriciols of 
Rross abuse of discretion" in 
choosing a 3.3(Kt acre site for the 
faciiily. 

The Ix-gai Knvironmcnial As- 
sistaiirc Koundati<in (l.KAF) filed 
suit ill I-'iilluii Ciiuiity Su|>!'iiiii 
Court against llie state's lla/.ard 
ous Waste Management Author- 
ity, which is chaired by the Ko\ ^r- 
nor Hesidenls of Taylor. Taltxit 
and Pike counties and Atlanta en 
vironnicntal groups asked 1,H/\F. 
a Tallahassee, Fla., enviroiiiiien 
tal law Arm. to represent them in 
the case 

The suit asks the court for a 
jury trial to decide whether the 
state should reo|>cn the site selec- 
tion process 

The complaint claims the de- 
cision to pick the Taylor site from 
six considered in 1988 was not 
consistent with the criteria devel- 
oped and adopted by the waste 
authority. Attorneys for LEAF 
said the whole selection process 
was flawed 

"The governor and the waste 
authority never tried to identi(\- a 
suitable <<■■■■ in Vii:. r'.\„ r. ;f,is 
facili; 
live . 
this . 

bbsed (-1 ;;':*;,:.., . .i ; :v:' ..i :.- 
pediency. The authority's actions 
are unconscionable, and they 



locate a site and dJ^T^S** »■ 
problem that we've InheJ?^ .* 
responsible way " "*"*«> la . 

July 1987 that he wanl^u"' 
ardous waste facility oper«il„. .' 
tlie slate by 1991. °P*""n«l 
Aner the governor askc 
counties interested in having t^ 
facihty to apply. 15 tniUally e 
pressed interest. But mn. 
dropped out after local opp<i 
lion developed 

In December 1987, after 
ranking of the remaining site 
the waste authority selected 
tract in the southern part of Ta> 
lor County But a Superior Coui 
judge ruled that the 'Taylor Coui 
ty commissioners violated Ih 
state's Open Meetings Act whe 
they met to offer the site, and th 
governor decided to reopen Ih 
selection process. 

In December 1988. the wast 
authority picked another Tayk 
County Slip, this lime against tl 
advice of its hired consulun 
I-aw Environmental, which p. 
ferred a Warren County site. 1 
- in the ni 
• county — 
r- tiio !«>■.! . 



Intvm Jennie McCahey c 
tribuled to this article. 



Cobb commissioners OK 
$1 billion capital budget 



By McKay ienkim 

Sf^-'Hter 

jbb County commissioners 
gave preliminarv approval Tues- 
d.'.y to :-. $] !>'!li" 1 -ri-^-yi-.,: c:,pi- 
lKl-sp'.T,Jir;g i'lo.'. iiiLt would fi- 
nance the construction of new 
roads, a jail, a garbage incinera- 
tor and a convention center. 

The capital-improvement 
plan, outlining for the first time 
how the county will pay for its 
most-expensive projects, would 
increase property taxes by a total 
of $120 for the owner of a $100,(X)0 
iiouse by 1995 but would depend 



► Water main break closes 
road In Cobb County C2 

larfiely on user fees, sccordinr t^ 
county Kinancc iiirectjr Virr, 
Moon. 

"These are projects that we 
must plan aheaid — they are too 
expensive to pay for with annual 
budgets," Mr. Moon said "Prop- 
erty taxes will have to be in- 
volved, but mostly these projects 
will be paid Tor by the people who 
use Ihem." 



Please see C088, C6 ^ Pwry 




Fugitive Yizar, 3 others 
are indicted in Iteld case 



By Kathy ScfusK» 

Stafl writer 

A Fulton County grand jury in- 
dicted MarvimYizar Tuesday for 
murder in iher-l-r-'i' s ■}i',.i> .V ' - 
la real estate broker, ar.d Dis'.ric; 
Attorney t^ewis Slaton said he 
thought the ftigitive private de- 
tective would soon turn himself 
in 

Three of Yizar's associates 
were also indicted on a charge of 
hindering his arrest and punish- 
ment and destroying evidence in 
the case, Mr. Slaton said. 

Yizar — private detective. 



one-time mayoral candidate, one 
time deputy and convicted arson 
ist — is charged with the Jan. 1' 
murder of Julius Iteld, whof 
chanx-d p>r..ains were found i' 
rvrr.'.i:>: ',;.-i:;n>-.;i C-f'Unt;-- !i .: 

Free on an appeal bond < 
the 18S8 federal arson conviclio 
Yizar vanished shortly after tl, 
slaying, but was reportedly see: 
in Atlanta three days ago, polici 
said 

"I lean that way, that he i; 
here," Mr. Slaton said. "This v. 
his place. This is his place tc 

Please see ITEID, CS * 



Defense shows tape of witness implicating Hainniond in otlier crime 





sac pKHoa by Ranaa Harmara 
end stapcnother o( .- the tnal o( Emmanuel Hamrxxid. wtxs is accused o' 
stastimooyTuMda^in kidnappng. robbing and killing Miss li>ve. 



ByDuaneRhMf 

Staff writer 

Emmanuel F. Hammond, on 
trial forthe shotgun slaying of Ju- 
lie Love, also robbed and killed a 
Villa Rica man, Hammond's for- 
mer girlfriend told the GBI in a 
videotaped statement played by 
Hammond's own lawyer Tuesday 

Defense attorney William A 
Wehunt played the tape of prose- 
cution witness Janice Weldon's 
statement in an attempt to prove 
inconsistencies in her stories 
about events the night of July 11. 
1988. when Miss Love was kid- 
napped from a Buckhead street 

But on the tape, Ms. Weldon 
also said Hammond had shot to 
death Gwendale Tilmer, 24, be- 
cause he had "tfied to come on to 
me." Mr. Turner's body was found 



Aug. 21, 1988 — slightly more thai 
a month after Miss Love's disap 
pearance — oh Oglethoipe Ave 
nue in College PaiHe 

In her GBI statement, giver 
July 22. 1989, Ms. Weldon. a 34 
year-old former stripper who say- 
she was with Hammond the nigh' 
Miss Love disappeared. als( 
charged that Hammond had ab 
ducted and assaulted a Virginia 
Highland woman. The womar 
was left for dead in the same 
northwest Atlanta dumping 
ground where Miss Love's bod> 
was found last August 

,Mr Wehunt said be was pre 
pared to have Hammond testis 
about the Turner U^ng. and that 
Hammond would t>Bie it on Ms. 
Weldon W 

PMm ioe STm-rcoY, c« ► 



c 



c^ 




Jo«v tvansco/SiBff 
r to his aquarxjm aftef the walof In 
W Inman Couil apartments 

"I didn't think this thing was 
out," said Bertha Goodwin 

B«n Smith HI 





I bmatr tor 

; Chargf •o hit-and-run deattis 

met with Mr. Hollin^hed 18 

I ruur>' T.ic iasi niictin)-, '.vris Feb. 

\ 19 — the day before the accident. 

t Mr. Hollingshed reported that 

he "inquired at almost every con- 
tact as to his drinking and coun- 
seling. Mr. Chester denied alco- 
hol use and always reported that 
he was attending counseling." 

Mr. Hollingshed also reported 
that Chester 'never smelled of al- 
cohol or showed any outward 
signs of any alcohol use He al- 
ways reported with appropriate 
dress, hygiene and speech and al- 
ways appeared to have a good at- 
titude" 



tal spending 

rE NEWS, SECTION E 



Another controversial pro- 
ject, a municipal garbage inciner- 
ator, would cost about $214 mil- 
lion. More than 800 people turned 
out Feb 15 to protest a Imdnil on 
Pitner Road in west Cobb, and 
residents have said an incinera- 
tor will face an even tougher 
nght 

County ofTicials are awaiting 
the resulu of several solid waste 
M^d^es Kefore commiUing to the 

JlUonil $424 million 

S^fo^n tf, w.ter and 



nue atx>ut b p ni , tne iricna loiu 
police, when one of the men they 
met there pulled a gun and shot 
Michael 

Atlanta homicide U Danny 
Agan said Michaels friend said 
he drove him back lo the fHond's 
house n( 1821 ljiko«ood Ave and 
put hull on (he froiil porch. Hlu-rc 
he died 

The victim's stepfather, Koy 
Kichards. said Michael had been 
working for a roofer Ihe past sev 
en or eight months 

While police were at the 
scene of that death, (hey were 
called to 820 Humphries -St. 
where they found Tvroiu' DulToy, 
17, of 801 Tin Ave dead in the 
back yard, Lieutenant Agan said 

Witnesses told police the vic- 
tim was ambushed by a man with 
a shotgun He ran about 70 yards 
before collapsing and dying. 
Lieutenant Agan said 

Swtdra Mctiitoth 



Strategy: 

fflfripr fo 




p 



prosecuiors 

^ Continued from Cl 



Assistant l'"ulton County Dis- 
trict Attorney William L Haw- 
thorne 111 was baflled by Ihe strat- 
egy behind the disclosures. 

"It Is a defense tactic that be- 
fliddles the minds of the prosecu- 
tion," he said 

Mr. Hawthorne said the Col- 
lege Park killing is an open case 
and that prosecutors are waiting 
to see whether jurors impose the 
<ii:Sth i^.n.Hllv in t';e lyjve slayiiip 

ly went to police to protoct heiiielf 
and her four children fr^m Ham- 
mond's death threats She has 
saidthatshe made Hammond and 
his cousin, W. Maurice Porter, 
drop her off later that night and 
did not learn until early the next 
day that Miss Love had been 
killed. 

Ms Weldon testified that 
Hammond pulled .Miss Love Into 
the car when her car ran out of 
gas and she ref\jsed a ride. She 
said she and Ponir tried unsuc- 
cessfully to withdraw money from 
bank machines on Miss Love's 
cards while Hammond kept Miss 
Love behind a northwest Atlanta 
school building. 

Porter, who pleaded guilty In 
November lo murder, rape, kid- 
napping and armed robbery, has 
not been sentenced and is expect- 
ed lo testify against Hammond, 
who police contend fired the fatal 
shot 

Ms Weldon also testified that 
Hammond took a pairof diamond 
earrings from Miss Love, which 
they pawned for $140, then later 
complained, "I didn't gel a 
damned thing from that lady, and 
I took her life" 

Atone point, Ms Weldon said, 
Hammond told her that he picked 
white women as his victims be- 
cause "white women have money 
and bank accounts" 

Ml« l!J!'^ *^ P*"^' killed 



Mr William I. Pharr Sr of 
Kasl Point, a retired electrical in 
spector for Kulton ('ounl>'. died 
Monday at South h'lillon Hospital 
He was 75. 

The Mineral wilt be at 1 p.m 
today at llowiird 1. Ciiriiiirhael 
mid Suns Kuiierul Home with 
burial at Greenwood Cemetery 

Mr Pharr. a native of Atlanta, 
was in Die Marines in the South 
Pacific during World War II He 
was a memtxTof St Mar)''5 Kpis- 
copal ("hurch 

Surviving »iv two sons, Wil 
liam L Pharr Jr of Smynia and 
Ijirry A Pharr of Marietta, a 
daughter. Linda Hamilton of 
Jonesborx); three sisters, Irma 
Harris of l"a.velleville. Lillian 
Jones of Kasl Point and Betty 
Pharr of Atlanla; eight grandchil- 
dren, and two great grand 
children 

Miw tdna Couprr 
Sahalion Krmy oflV-er 

JACKSON, Ga — Miss Edna I, 
Cooper of Jackson, a fonner At- 
luiitati mid a retired brigadier in 
the Salvation Army, died Tuesday 

oflKMiiaihM.'ntHilUoiiNiirsiiu; 



Mi.ss CiKipiv, a nali\e ol .Sa- 
line County, Ark., enlisted in the 
Salvation Army in Atlanla in 1928 
and worked in Georgia, Alabama. 
Tennessee and Kentucky She re- 
tired in 1966 

Sur^■iving are two brothers, 
V.M. Cooper of Orlando. Fla . and 
OP. Cooper of Jackson, Ga ; and 
two sisters, Rachel Hall and Iris 
Baker of Jackson 



S M Inmun .Scliool secretary in 
Allnnta. died Friday at South- 
west Texas Methodist Hospital 
She was OS 

The graveside service will be 
al 1:30 pin. today at Crcsllawn 
Memorial Park in Atlanta 

Sill viviiif. aie it son. Ma>:v.cll 
IveyJr ofAslii-ville.NC, abrolli 
er. Charles W. Harris uf Avondale 
Kslales; and a si.sler. lA)uisc Clark 
of San Antonio. 



Funeral Notices 



ANDERSON 

Mi^ Bassle H Anitecson ol IO?l Wyl« SI. 
S t detwrted tins (rtti on SurnJny, lebcuAfv ?5 
1990 She 1^ surv.rei) by daujMcrs. Mis B«tt» 
Mitls ol lloiissant. Mo. M(5 Ajmn Noms ol 
Decatui. Ga . Ms Dons Andvison of AUftnts. 
Ga , dfluclitef and son In law. Mi and Mis 
Raphael (Pallida) OgunsusJ ol Oocalui. Ga . 
sons. Ml Fim) Andeison ol /Wanta, Ga , Mi 
Fianh Andeisoo ol Indianapolis, Ind , son and 
daughlei In law. Mi and Mis Isom Hww> An 
deison ol folsom, Calil , Iwo sJsleij In law 
Mis Ma« Hod and Mis Rosa Hon, 14 pand 
cMldiOfl, 10 gioel grandthildien, nipcfls, neph 
ews coosins, and many oltiei relativas and 
liiunds flio inwimi to etleiid tti« hinetal s*f 
vices IliuiidFi) M.iirh 1 1990 at I.' Ni*.<i 
liom llw Hiillm Mii-i^ HoPliM D.,)irti 31b 
Kalpd Mctill Ul^, Nt ln« lamams win t» 
placed in slate at me chuich at 10 a m, Oi 
Aaion Piiiki'f, PasliM oU'ri.iilini lr*^.Tnfiirt 



BAKNES 

Ml Geiald f Barnas. luckoi. died FetKuafy ?7. 
1990 Ho IS sur>1v«d by his wife. Mis KrtWaM 
Barnes, djujtilm. Mis lynn B Wii^ht. S^^(^y■ 
dale, Ga , tiandson. Mi Russell WiitM (u- 
neial seivices wilt be tw^6 IhuivJay aT1?nioon 
el ? o'clotk at Hw cha(»>l ol AS lumei & 
Sons Rev I G Hulthin^s, Jl , will othciate In 
toimeflt, fknal Hills Memwy Gaidons femthi 
will lecoirt liiends Inxii 7 30 until 8 30 
Wednesday evening at A S lumei & Sons 



ConthMied on Pat* C7 




iLsaii^uL'v Ul'Uv^ 



^ 



pfOCCS OOOO TMRU 3-3-90 




/er-iAY 




iiwi 



c 



c 



ivieiro oc^^iaie 



THE ATLANTA CONSTITUTION 



* THURSDAY, MARCH 1, 1990 




Rep. Wiony luksoa 

Requested llio provision 



Bill allows DUI charges for any trace of drugs 



ByRkluniWhm 

Slat wTrte* 

A motorist with any trace of 
marijuana or other illegal drug 
jn his blood or urine could be 
considered guilty o( drunken 
driving under an inconspicuous 
provision of a House bill passed 
by the Senate Monday 

In a session already marked 
by anti-drug fervor, the zero-tol- 
erance measure is among the 
most far-reaching 

A motorist would not have to 
be impaired ft-om drug use to be 




found guilty of driving under (he 
influence, said Sen. Nathan 
Deal (D Gainesville), explaining 
the provision in the Senate 

"It may very well be that mar- 
ijuana may stay in the system for 
30 days But ifilieyldriigsjure in 



your system. I don't want you 
driving down the wrong side of 
(he road at me." he said 

The bill now goes to a House- 
Senate comniillee to resolve dif 
ferences over other sections 

The zero tolerance provision 
would not alter state laws re- 
garding alcohol and driving. 
Drivers with a 10 percent blood- 
alcohol ratio can automatically 
be found guilty of DUI 

The anti-drug measure was 
buried in a 383-page House revi- 
sion of the stale's motor vehicle 
laws, added at the request of 



Rep. Johnny Isakson (K Mariet- 
ta) while still in the House 

Mr Isakson, a GOP candi- 
date for governor, said prosecut- 
ing attorneys suggested the 
amendment 

One opponent. Sen Gary 
Parker (D-Columbus), said the 
statute could result in convic- 
tions of non drug users 

"If you went to The Omni for 
a concert and someone was 
smoking marijuana, you could 
get it in your system Then they 
could charge you viith DUI," he 
said 



I 

L 



\JyiM ikd^N«^L b 



Says Hammond 
called Love slaying 
execution style' 

ByD ,iRlnef 

Staff ifViT 

W Maurice Porter had known Emman 
uei F. Hamin-.--,d all bis lit"- b.j; Eovs ': 
never had seen his dark side until Ham 
mond grabbed a screaming Julie Love fVom 
a Buckhead strcct 

"It was like his eyes had just changed," 
the 20-year-old Porter told a Fulton County 
jury. "The brown part got smaller, and 
there was more white. His teeth were sort 
of gritting. I didn't know him." 

Porter, awaiting sentencing after 

^^^^^^^^^^^ pleading guilty to 

,, felony murder. 

She lOaS sou- a™e«' robbery and 

, -' , rape charges in the 

irig. No. Don t Love case, give ju 

do it.' He said, 
'Shut up or it 
kiU you ri^ 
now.'" 

W.MwfMPcdM. 




rors a detailed 
count of events 
leading to Miss 
Love's death in s 
wooded northwest 
Atlanta dump on 
July 12, 1988. 
As he outlined 
details of the tor- 
ture and slaying. 
Miss Love's father, stepmother, brother 
ind stepbrother stared blankly at him. 

Porter said Hammond. 24, killed Miss 
Love with a blast in the head from a sawed- 
orr shotgun he had used twice before that 
night to beat the diminutive 27-year-old 
children's exercise teacher. 
^^ w'lness, an eighth-grade dropout 
"tvo IS Hammond's cousin, said Hammond, 
.>, ij "^ after the killing, said, "You 
w>ould have seen how I did it - execution 

moi*" '^ '"tified that he drove Ham- 
^'\^^ Miss Love to a remote spot on 



M»VK«^>ifln, Jjlrt.1 Love's f.ance, listens to 
testimony Wednesday about he< death. 



► Attorney, Judge threatened CIO 

Grove Park Place, where Hammond took 
Miss Love "down in some bushes." He said. 
"1 heard a gunshot go off. I just stood there 
and dropped my head." 

When he next saw Hammond, he said, 
he had "blood spots" on his face. "Did you 
do what I think you did?" Porter said he 
asked Hammond, adding. "He said he had 
to." 

Porter also used a mannequin to re-en- 
act how he and Hammond had bound Miss 
Love with coat hangers when she was in 
the car. 

Porter said Miss Love was foreed to lie 
face-down on the back seal of Hammond's 
car while Hammond bound her feet and 
hands, then tried to strangle her with an- 
other hanger. 

"He was pulling in one direction and I 
in another," Porter testified. "She started 
kicking, and she broke loose. He fought to 
get her under control She was saying, 'No. 
Don't do it' He said, 'Shut up or I'll kill you 
right now.' " "^ 



Sufl prvxo< »y RtnM Hanntnt 

MauriM Porter (left), with help from prosecutor WiTiam Hawthorne, shows how he and his 



Please $«e LOVE, CIO ^ cousin Emmanuel Hamnnond used coal hangers to bind Julie Love. 




^Thekmdownoni^l I ExohaneJncj one culture for another 



c 



Q 



G. 




C-10 JThr AlhmU JDimul AND CONSTTnrnON TMUKS. MAKCH I. I»W . 




PhKUp Winiams, Emmanu?' Hammond's (omier 
cellmale at Ihe Fulton Counry Jail, testifies that Ham- 



Renee Hannans/Stetf 



mond oHered to pay him to kill Janice Weldon, Ham- 
mond's ex-gifltriend. 



wo- 



ijwei Ys'imess describ 
events leading to slaying 



^ Continued from CI 



Porter said it was Hammond 
who first spotted Miss Love 
walking along the street and of- 
fered her a ride. Her car had 
run out or gas. 

Miss Love declined but 

Kammur.d. Porter :'-.i-; --d 
made uy l.ij. nij;id. 

"He jumped out and 
grabbed her," Porter said "I 
saw a sawed-ofT shotgun I 
hadn't seen before." 

As she was being pushed 
into the back seat of Ham- 
mond's car, Porter said. Miss 
Love screamed, " 'Dont hurt 
me. Please, don't hurt roe ' I 
heard a thumping sound, and I 
turned around and Harr.-.ond 
was hitting her in the back; u ith 
the gun." 




EnanmuelF. Jufe 
Low 



Porter said Hammond 
threatened to kill him and Ja- 
nice Weldon. Hammond's girl- 
friend at the time, if they spoke 
of the murder. Ms. Weldon was 
in the car with Hammond and 
Porter when Miss Love was kid- 



napped, but Ms. Weldon has tes- 
tified that she had been 
dropped off at her apartment 
before the slaying. Ms. Weldon, 
a 34-year-old former stripper, 
testified earlier in the trial. 

Earlier Wednesday, a for- 
mer cellmate of Hammond's 
testified that Hammond offered 

nice for J.20,r>iXl, 2i:n he w^s go- 
ing to give me a car and help me 
get a job," said Phillip Williams, 
who was in the Fulton County 
Jail on drug and parole viola- 
tion charges. 

Williams, who shared a cell 
with Hammond in August, 
shortly after Hammond was ar- 
rested on assault charges filed 
by Ms. Weldon. said he did not 
know at the time that Hammond 
had been linked to the slaying 
of Miss Love. 



Death threat prompts tighter security 



Already tight security at the 
trial of the man charged with 
killing Julie Love will be ^ 
strengthened today because of a 
death threat sent to the defense 
lawyer and the presidl ng .fudge 

Courthouse sources said a 
letter from a group calling itself 
A.R.M. was mailed from Atlanta 
and opened Wednesday by a 
secretary in the office of Wil- 
liam A. Wehunt, one of Emmai>- 
uel F. Hammond's law>ers. 

■ The leUer threatened to lull 
Mr. Wehunt, a member of his 
family and Fulton Superior 
Court Judge Ralph H HxHcs if 
Hammond, 24. was not convict- 
ed and sentenced to die. 
sources said. 

Judge Hicks confirmed that 




Ralph H.Wdu 

Fulton Superiof Court judge 
Wednesday sealed 



the one-paragraph letter was names ofjurors as a precaution. 



warned, "If you don't think 
we're serious, call up Judge 
Vance's widow." 

Judge Robert S. Vance, a 
member of the 1 1th U.S. Circuit 
Court of Appeals, was killed in 
December when he opened a 
mail bomb sent to his Alabama 
home. A Savannah civil rights 
lawyer also was killed by a let- 
ter bomb. 

The FBI does not believe 
the A-R.M. letter was written by 
the mail bomber, whose letters 
are identifiable by a code that 
has not been made public. 

Twelve sheriffs deputies 
have been added for the Love 
trial security, and bomb-sniff- 
ing dogs search the courtroom 
each morning. In addition, a 
Pi,.(->i Holor«or has been erect- 



Groi/pseeki 
says worker 

Stall Wn.« ^ 

The ,,»|l':rf urban migrant " 

worker^ "'iM..'l'""**y ^^^"^^ '"' ' 
simply ihr w'"'""6 PO""" They 

line the .If'*-"' outside labor | 

pools. walllMK <•"■ an eight-hour a, 

shift at a w<t.l.«l'« 'hey may never d; 

see again n 

And at III" '="<' of ^^ ^^y- ^ 

many cash a imyheck for $18, buy s< 

a meal and » MARTA card and w 

make their wny back to a home- V 

less shelter In the city. ci 

A new on!''n''a''°"' 'he Atlan- 
ta Coalition for I^bor Pool Re- , 
form, has Wen formed to advo- 
cate reform of the labor pool sys- 
tem. Ti,: c.-Miip includes the Open 
Door C'. :r.:Tiuiiity,4hc Task Korct- 
on the Homeless. Rising St.,- 
comir.ij :;;> and oth<^r advoc;.'-- 



The f-'JV) I;; :cts tc-.l'iy, . 
week it. r Koltoii Countj' District I 
Attome> Lewis Slaton said his of- 
fice will investigate complaints 
about Ibbor pools at the request of 
Mayor V.ajTiard Jackson. 

Labor pool employees speak 
ofunsanitan' buildings, unethical 
business practices and low pay, 
though pool managers deny such 
allegations. 

"This is a revolution in Atlan- 
ta," said Ed Loring of the Open 
Door Community. "This is the 
first time this story's been told. 
You go out and talk to white, mid- 
dle-class people and their mouths 
hang or en They've n'*ver heard 

.At iri.b ir.omiTig's n;-jclin^. 
represi nlitives of the coalition 
plan to d iscuss issues with city of- 
ficials and business and religious 
leaders Atlanta has the third 
highest number of labor pools in 
the country, behind Chicago and 
Dallas 

"Were not trying to close 
down the labor pools," said Je- 
rome Eppinger, coordinator of 
city and county shelters in Fulton 
Countj We are trying to appeal 
to therr, to reform. We have to 
educate people to what's going 
on." 

At a planning conference this 
week, workers who regularly use 
labor pools outlined the condi- 
tions they face each day. Most 
work two days a week for mini- 
mum wage at manual jobs such as 
hauling, packing and cleaning. 
But their paychecks are eroded. 



Take A Personal 
Look At A Career 
In PuMic Service 



D>w<>« ^xwr 



C5 



@ 



(J- 



D coNSTnvnoiv 



FM, MAR CH 2. 1990 . 



newsbriefs 



too worth of crack seized 

leld wllhotil bond on drug traf- 
ure of more than 1 lAXl pieces ol' 
38.000, aiittionties 5.aid 
'Cobb/Sniyrna Narcotics Units 
on South ("obb Drive m Smyrna 

lation of the state s t'ontrolled 
1350 Mayson Turner Road. Paul 
h of 1620 Hollywood Road; and 
hey were being held in the Cobb 



g Its first anniversary 

iproaching its first anniversary 
ible for the fourth snd final sur- 



IS III (• 



pl-jitj 
t and 



cadi-, in, • 

planntd 

Jay to participate r, ine fourth 

s the first importair. benchmark 

under the supeniHon of scien- 
;n in Washington srd research- 



rash may have been racing 

who may have been racing with 
,ed Thursday morning when her 
; a parked ' jttor trailer, Cobb 



xto 

llr.i^Ol 



Jaymi Tuiu.l^of 26C>4 Kellogg 

t the scene nesr Wade Oreen 

•,v"rs in her cj' 

;. .: •,;.■ that Ms, Tii'.:r= was rac- 

.e Occident. Tliev hi.e not iden- 



black seeking state office 

ore than 225.000 votes statewide 
he will run for the slate Public 
syear, Mr. Smith would join for- 
who is running for governor, as 

office in 1990 
s running statewide, they can't 

,' '1r. Smith said in announcing 

crat said he will seek the PSC 

ler Billy Lovett. who is running 

A second PSC seat also will be 

drews already announcing as a 

peals. 

■ percent of the vote in losing to 

brd in the Democratic primary. 



I seized in criminai cases 

Is have turned over S336.911 in 
eight Georgia law enforcement 

e presented the agencies with 
let Forfeiture Fund Equitable 
e and local agencies to receive a 
orfeited as the result of criminal 
nillion has been distnbuted to 
•ncies under the program, based 
e investigation of the case, 
luded $179,865 to the Camden 
686 to the-' «p Police Depart- 
■SherifTs^o ♦lmenLS9.378to 
arlment, $6,^ to the Blooming- 
he Augusta Police Department, 
stigalion and $4,435 to the Rich- 



r su«w ov«r aboGfion r>f iob 



Love case 
judge bars 
testimony 
on shotgun 

Witness says Hammond 
sold it for crack aiid $20 



By Duane Riner 

SlattWrilei 

Two months after the July 12. 
1988. shotgun slaying of Julie 
Love, her accused killer sold a 
sawrd-ofl' sl»>t.;iKi to ;,n Atlx'.i ; 
dnii? d -ilT •■-.■ :^v.- ":. 
crack.- ,.:-.- .-: --A- ■ 
testified Tl...;,;i,-y. 

In t.-stiii;..ny ;,-; of !;,>.■ i--.: 
ence of jurors in the murder trial 
.of Emmanuel F. Hammond, Mi- 
chael Dominic, 20, said Ham- 
mond came to his apartment with 
the gun in September 1988. 

"He said did I vi-ant to buy a 
sawed-olT shotgun" in exchange 
for "narcotics and money?" 

Dominic, who lost the shotgun 
when police seized it later that 
month in a drug raid on his apart- 
ment, quoted Hammond. 24, as 
saying he wanted to sell the weap- 
on because it had cut him on the 
hand and shoulder when he fired ; 
it. 

The gun. ^^-hich hcS b-.N;n in 
the Atlanta Police Bureau's prop- 
erty room, was brought to court by 
prosecutors Thursday. 

But Fulton Superior Court 
Judge Ralph H. Hicks ruled it 
could not be admitted in evi- 
dence, nor could the jury hear 
Dominic's evidence. He granted a 
motion by William A Wehunl, 
Hammond's defense attorney to 
disallow the testimony about the 
shotgun sale because prosecutors 
had not pven the defense an op- 
portuni'.y to li^\e it te.'.U-d by bal- 
listics ex[)erli. 

Assistant District Attorney 
Richard Hicks said prosecutors 
first learned of Dominic late 
Wednesday when a courtroom 
spectator told them she was pre- 
sent when Hammond sold the 
gun. 

Thursday's testimony was al- 
most overshadowed by the 
judge's actions in response to two 
death threats aimed at himself 
and Mr. Wehunt 




School 
spanking 
lawsuit 
settled 

Student reportedly 
will receive $10,000 




Renee Hanrwns/Stalt 



Emmnuel I b i n i io iid at his murder trial Thursday. Outs!de threats against 
his attorney arxl the judge have led to increased security. 



A letter Mr. Weh-jnt n^ceiveJ 
Wednesday from a group calling 
itself ARM, or the Aryan Resis- 
tance Movement, and a message 
left overnight on his ofTlce an- 
swering machine both warned the 
lawyer and the jurist that they 
would be killed if Hammond is 
not convicted and sent to the elec- 
tric chair, according to court- 
house sources 

Additional sherifTs deputies 
were brought in to augment a 
heavy security force already tn 
plsre. 

Correspondence from ARM 
has been received by The Atlanta 
Journal-Constitution for several 
years. The correspondence pre- 
dates the Decemtier mail-bomb- 
ing deaths of a federal appeals 
judge and a Savannah lawyer 

The correspondence is racial- 
ly, politically and religiously mo- 
tivated, the writer has threat- 
ened to kill judicial and civil 
rights figures, but has not claimed 
responsibility for the recent fatal 



bombir.ys. Tlie lellei-s have hvOii 
turned over to the FBI. which 
does not believe they arc related 
to the mail-bombing cases 

Judge Hicks issued a sweep- 
ing gag order late Thursday di- 
recting everyone connected with 
the trial to stop talking with re- 
porters about any aspect of the 
ease, including the witness 
lineup. 

The order specifically barred 
court officials from discussing 
"any written, oral, recorded. 
mailed, telephoned or otherwise 
communicated llucaL';. waniings. 
intimidating comments " 

The judge also sealed the 
names, addresses and telephone^ 
numbers of jurors and any forms 
they filled out as part of the jury- 
selection process. 

Before the gag order went i nto 
effect at 5 p.m., Interim Sheriff 
Robert McMichael said he had as- 
signed plain<lothes deputies to 
guard Mr. Wehunt and Judge 
Hicks. 



Moody writes Bush about his bomb theory 



By Cafl Epstein 

Staflwnter 

Walter Leroy Moody Jr., a Rex 
man under investigation in con- 
nection with two pre-Christmas 
bombing deaths, wrote a letter to 
President Bush last week suggest- 
ing he knows who is responsible 
for the bombings, sources said 
Thursday. 

T' ->urcM RsM Mcodr tot-f 



The FBI declined comment on 
why the letter was anticipated 
But sources said federal agents 
knew Moody wrote the president 
in 1972 after he was convicted of 
illegally possessing a pipe bomb 

Bruce Harvey, one of Moody's 
attorneys, declined to discuss the 
letter beyond saying, "It involves 
the investigation." Moody de- 
clined comment 



about his court motions. 

It is not clear exactly who 
Moody wants held in contempt, 
however, because his attorney re- 
fuses to give the newspaper's at- 
torneys a copy of the contempt 
motion, filed Monday 

The newspaper's attorneys re- 
ceived a cover letter to the motion 
Thursday. 



By Betsy White 

fitafl writer 



been Georgia's first juo' trial over 
school corporal punishment 

Joseph J. Crews Jr., now 16. 
was 8 years old when Bethune El- 
ementary School Principal Steve 
McQueen paddled him for failing 
to do his homework. 

When the boy tried to resist, 
Mr McQueen gripped him tightly 
by the arm and attempted to 
strike him a second time, result- 
ing in a spiral fracture of the boy's 
upper arm. 

Jury selection in the case had 
been scheduled to befan this past 
.Mond;n- -i Cn:<rl--'' ''ijr.-.y f:r..;r 
the Georgia Court of Apr**:!* 
cleared the way for a jury trial. 
But three days before, the boy's 
father, Joseph J. Crews Sr., and 
attorneys for Mr. McQueen 
reached a settlement 

The Crewses' attorney, B. Mi- 
chael Magda of Brunswick, said 
the family's desire to settle the 
case stemmed from "a complicat- 
ed combination of things." He re- 
ftised to discuss the settlement 

Mr McQueen said Thursday 
he h;id no reaction to the settle- 
ment, which he said he had l>eea 
told amounted to $10,000. The" 
school system's insurance compa- 
ny will pay the settlement 

The trial was to have been the 
first of its kind in Georgia be- 
cause, until its July 1989 ruling in 
Crews V. McQueen, the appeals 
court consistently dismissed law-, 
suits against educators who pad- 
dled students. The reasoning in 
previous cases was that state law 
permits corporal punishment and 
gives educators discretion to car- 
ry it out 

But, in a 5-t»4 decision, the 
appeals court ruled that a jury 
had the right to sort out the con- 
Hicting accounts of Joseph and 
Mr. McQueen and to determine 
whether the principal bad over- 
stepped his bounds. 

In depositions filed in the 
case, Mr. McQueen said be was 
holding Joseph's wrist because 
the boy was trying to cover his 
buttocks with his hands to avoid 
being paddled. The boy suddenly 
twisted away, the principal testi- 



o 



C( 



.v 



cr. 



SECTION D 



gl)c3^!lanla3U>urmU □ the atia.sta constitution 



Woman 

describes 

abduction 

Says Hammond 
left her for dead 



By Du«ne Rin«r 

rt.ltf wnl-it 

A former Vir5inia-Hii;hl. r,: 
Oman who was raped and lii-c 
i'or lliroat slit pave jiiror.s ,- 
t:rapliic doscrip^ion Friday •: 
liow she crawled out of a diiir.p 
that would later be the temporar> 
grave of Julie Love 

The woman testified that Krr. 
manuel K Hammond, who hsd 
abducted her (torn the doorstep 
of her apartment, stabbed her 
once in the neck and five times in 
the chest, covered her with a 
blanket and left after she feigned 
a convulsion to make him think 

*as dying 
' ,.,#'ive to 10 minutes later. 1 
cia<\'led out of the vioods our 
trash, and when 1 got to there- d i 
l:-.rtod walking and w«U;.?d ' 
i./out a inilo." slic said. "'Fin. 
an older black man in an old tr.^ • 
took me to a clinic nearby " 

The woman, who said she 
moved to Louisiana after her Mi> 
5, 1988, daylight abduction be- 
cause she feared her attacker 
would return, was one of three 
prosecution witnesses called to 
bolster the case against Ham- 
mond in the kidnapping, robber) 
and shotgun slaying of Miss Love 
The body of Miss Love, a 27- 
year-old children's exercise 
tfacher kidnapped from a BJC^• 
huad street on July 11, 1888. afli." 
her car ran out of gas. was found 
in the northwest Atlanta dump in 
August Her skull had been shat- 
tered into 22 pieces. 

As allegedly was the case in 
Miss Love's abduction, two of the 
three women who testified Fri- 
day said Hammond demanded 
cash from their bank accounts 81 
automatic teller machines. 

"He asked me to gel out of the 
carand pretend like I washis girl- 
friend." the former Virginia 
Highland woman said as she ei 
plained how Hammond took her 
to a bank machine. "He put his 
arm around me and said, Look 
natural, smile, act comfortable ' ' 
After the women testified. As- 
sistant Fulton County District At- 
Jey William L Hawthorne III 
Bd the slate's case against the 
ear-old Hammond. The 
slate's two key witnesses were 
Hammond's ex-girlfriend, J+- 
year-old Janice Weldon, and ho 
cousin, W. Maurice Porter, 20. 
who both said Hammond was the 
Instigator of the kidnapping of 
Miss Love. 

Porte-. V ' - n!:.--'-' r'"V- ir 
murder, l 

charges to avon, ^ i . 
penally, will be sentenced »Aa 




"/ luive Ijeen contacted by die University of Virginia and luive spoken i 

UGA's Knapp in running for 



Charte* U. Kniv>j) 
At UGA Since July 1it37 



By Steve Goldberg 
•nd Ann Hardle 

Slatlwnlors 

ATHENS — The announce- 
ment th.il University of Georgia 
President Chiirlcs B. Knapp is 
being courted as a candidate for 
the presidency of the University 
of Viii;iiiia iicw iiiixed rv^ac- 
lions Ir'iiii jiliiinni and (nculty 
Friday, and left onlookers v<in- 



derinp ho» serious the top Bull- 
dog might t^ about moving on 

"I personally would hate to 
see hini l«ve. ' said C.W. "Bud- 
dy" CarrfvH Jr. a director for the 
Tanipi r.;N and Jacksonville. 
Fla . Bji::^ clubs "1 think he's 
gotten c.r- the awkward stage 
all ne" : -f>idents go through" 

"He: >.:ung and it Kuk a 
while f:- 'i.i to undei-sUmd the 
people • jcorgia. Bui he'sgiine 



through that and he's no longer 
afraid of us and we're no longer 
afraid of him," Mr. Carroll said 

On Friday, Dr Knapp issued 
a brief statement confirming 
that the 17,400 student Universi- 
ty of Virginia had contacted him 
about the presidency, which will 
open this summer when the cur- 
rent president, Robert M 
O'Neil, r-rsigns 

Dr. Knapp. -Ja. said the 'line; 



MARTA sets $5,000 re 



Officials say station as safe as the neighborhood — but crime no J 



!i"l,ll4 



TTT^^fHTi: 



"TT 



WJ. 



EAHACKERS STOLE 




Olann* Laakao/Su 

Neigtten lay Marion Peter Roberts, shown vnth his wife, Cynthia, was the 
kind ct penor\ wtto would have tried to talk youths out of stealing his car, 
which «as kxnd Friday morning damaged but drivable. 



WHERE IT HAPPENED 




Victim was a churchgoing family man 
who recently was brushed by tragedy 



By Bl Hc<i((om«ry 

Staflxter 

DeepJr religious and a de- 
voted titber, Marlon Peter Rob- 
erts appeared happy with life 
and CuEJly to his neighbors 
along Unrwyn Lane — walking 
his dog IB the evening along the 
quiet (Je»d-end street of modest 
houses. 

As eider wilh a local Sev- 
enth-d»y Adventist church, 
which bokJs services on Satur- 



services with his congregation 
and Sunday afternoons leaching 
Bible classes for neighborhood 
children in his home off More- 
land Avenue below Interstate 
20. 

He would stroll wilh Cyn- 
thia, his wife of 10 years, speak- 
ing a "kindly word to everybody 
he met," said neighbor Homer 
Sharp. Sometimes, he look 
youngsters from the neighbor- 
hood and East Lake Meadow 
hoii.'frrrr-- 



& 



e 



Hlf Atlanla iuuniai «wii < 



McCaysville: Leaders optimistic 




^ Continued from Dl 

rii-hl by arccpliiig a Rovcrnmeiil 

lo;iii 

"We were barely keeping our 
noses above water, we need 
grants not loans," said Bernice 
Brooks, eo-ownerofa fabric shop, 
who said the business will nol re 
open after they complete a fliiod 
sale 

Indeed, during the past few 
days a volunteer disaster assis- 
tance station in a defunct auto 
dealership being run by the local 
Ministerial Association has be 
come more popular than KKMA's 
renter Volunteers have been 
cooking and serving free meals 
and collecting and distributing 
donations of canned food, clolh- 
ing, ftirniturc, appliances and 



building materials 

Some optimists hope the flood 
will spur long I'uiiiiiiig ellbits to 
turn McCaysville and its Teniies 
see twin. Copperhill. into tourist 
towns The towns have suffered 
for years because of the closing ol 
a nearby copper mine 

"We've got a lot of history 
here, the mines have been here 
since the 1850s. We've got Ihc riv- 
er And there's talk of bringing 
the Olympics Into the area in 
1996. " said Mr Maloof. president 
of the McCaysville-Copperhill 
Merchants Association 

The mountain-fed Toccoa Hiv- 
er. which flooded the towns Keb 
16. changes into the Ocoee Uiver 
when it flows into Tennessee. A 
few miles downstream it becomes 



Love: 
ijta.te r^ 
its case 



► Continued from Dl 

Hammond's trial 

Miss Love's father, step- 
mother, brother, stepbrother 
and boyfriend stoically endured 
Friday's testimony, as they have 
each day since the trial began 
Monday. 

Friday's first witness was a 
New York woman identincd 
onlv as "J.inet." who testifud 



llv 



t'tib. '//), liKxi, Willie ouuilici 
man raped her twice in the back 
seat 

She identified the man as 
Antonio Stephney, now sending 
a 20-year prison sentence for 
the rape and robbery. 

She said Hammond, then 
only 16. commandeered her car, 
but later, at her plea while 
Stephney was out of the car. 
drove her to a police station 

Although defense attorney 
William A. Wehunt a'-Ved Fiil 
ton SupiTior Court. lud;;c- :;.:!ph 
H. Hicks to disallow all three 
women's testimony, he aimed 
his strongest attack at the credi- 
bility of the Louisiana woman 



one of the most popular wlut* wa 
ter streams in the Southeast II 
would he the silo of the Olympics 
white water (;veiils if Atlaiit;: is 
selected to host the 1990 Games 

The im-rchanls appointed a 
26 person committee Thursday to 
put tsgelher a request for lechni 
-cal assistance with Georgia Tech. 
the llniversity of Georgia and the 
University of Tennessee to help 
draw up plans for the two cities 
They are also searching for all 
possible community-develop 
ment grants 

"We've got a chance to re- 
birth our two towns." said 
McCaysville Mayor Barbara 
Thomas "We're divided by a slate 
line but we've got to think one 
community ' " 



;.,.r."" ^< y' '■■ ' '■ ' 



obituaries 




Renee Hannana/Statf 



Emmanuel Hamnond (nght) and his anomey. William A Wehunt. con- 
fef Friday dunng Hammond's Inal on murder charges 



He said she had identified an- 
other man as her kidnapper 
from a photo lineup and had 



sent an innocent woman to pris- 
on for 18 months by testifying 
that she was an accomplice. 



Knapp: UGA's chief in running for Virginia post 



^ Continued from 01 

Dr. Knapp has publicly expressed 
disappointment that the governor 
and Legislature limited pay 
raises to 4 percent in the univer- 
sity system and f\inded only a 
fraction of the regents' construc- 
tion request 

"It gets to be trying at times 
when you don't get the kind ol 
support you'd like from the lead- 
ership of the sUte. " said Dr Key 
"The reality is we're not being 
supported at a level of ex- 
cellence." 

But not everyone on the Ath- 
ens campus was as sympathetic 

"1 don't think there's ver\ ex- 
tended sorrow here." said one 
long-time faculty member, who 
asked nol to be identified 
"There's been a growing and 
V idospread feeling the president 



tions to apply for open posts. 

His statement Friday was 
short on specifics, and he de- 
clined further comment, except 
to say that he does not consider 
himself a candidate for the Vir- 
ginia post at this point Dr. Knapp 
said he was contacted by the uni- 
versity about three weeks ago, 
and that the Charlottesville, Va , 
school initiated the contact 

He would not say if he has 
been formally interviewed, if the 
contact occurred in person or by 
telephone, or if he has had fur- 
ther communication with the 
school in the past three weeks. 

"I have not been offered the 
job, nor have 1 promised the llni- 
versity of Virginia I would accept 
it if it were to be offered, " his 
statement read "I am very happy 
at the University orGeorgia. My 

rr-nrip.-il ron-orn .-il Ih'' pr(»";ont 



eral weeks, and the initial field ol 
150 candidates has been nar- 
rowed to a "smaller number," 
said University of Virginia News 
Director Louise Dudley. 

In a story late last month, the 
Richmond Times-Dispatch re- 
ported that the committee had in- 
terviewed 13 people and had nar- 
rowed its list to five or six The 
newspaper reported the panel 
also was seeking a number of key 
outsiders as potential candidates, 
among them top officials at Har- 
vard. Tulane and the University 
ofGeorgia 

But Edward KIson. chairman 
pro tem of the search committee, 
said there has been no narrow- 
ing-down process 

"It is somewhat nattering to 
the University ofGeorgia and the 
syMerr. Ihnt Ihn llrivfr<ity c'"\'ir 



Mrs. Emily 1^ PfifTner, 
l.<*ap;tio of Women Voter* 
leader, rights activist 

Mrs Kmily K PfifTner of At 
lanta, a former leader in thi 
League of Women Voters am 
Community Relations Commis 
sion and an early supporter of Iht 
civil rights movement, diet 
Thursday at her home. She wa 
80 

She had 
been ill with 
Alzheimer's 
disease in re- 
cent months, a 
family member 
said 

The family 
will hold a me- — =-^- ■. 
morial service w*'?!^ ' 

at a later date 
The body was Eiiiii|y K. 
cremated Pflfhter 

Mrs I'filTner. known amo 



Lo.ii-iit <»; *■■ oiii'_'ii Vulc'i.s oii-T- 
gia. She was a memt>er of i 
board of the Community Re 
lions Commission fi'om 1968 
1974. 

Emily Kniep was bom July 
1909. in Des Moines. Iowa, t 
daughter of Edward Henry Kni 
and Ellen Augusta Verheyd 
Kniep 

She graduated from the Ui 
versily of Illinois and also t 
ceived a master's degree in p 
cholog> there She did soc 
work in Chicago and in St Lo' 

Mrs. Hfiflher served on tl" 
m<o:t ^'Oi-.TTi of the J-^.^.i 
Rankin Kouivjaiion and v.. 
friend of the first woman to se 
in Congress 

She was a member of l 
Clark College Board of Visito 
Friends of Spelman and Frier 
of the Atlanta Symphony. She w 
a trustee emeritus of Clark C 
lege and a volunteer in the Unit 
Negro College Fund campaigr 

Mrs Pfiffner and her h 
band. Harry A. Pfiffner, who 1; 
tired fi^m the construction i 
ness. endowed scholarshi' 
Clark Atlanta University. 

She joined in her husbb. 
work with the Butler Str 
YMCA, Atlanta Urban Leaj 
and Resurgens Atlanta. 

Mrs. Pfiffner helped organ 
the Atlanta Committee for Ini 
national Visitors. She and ' 
husband hosted gatherings 
their home for government le 
ers. diplomats, educators 
artists 

She was a friend and supp 
er in political campaigns of 
mer Atlanta Mayor and ex-C 
gressman Andrew Young. S 
Wyche Fowler, former Presid 
Jimmy Carter and Mayor V 
nard H Jackson. 

"She served the Commu 
Relations Commission with er 
gy. compassion and wisdom." s 
Nat Welch, the commission's 
mer executive director. "^ 
Pfiffner was a source of gr 
strength for our chairmen — 5 
Williams. Andy Young and H 
dolph Taylor, as well as mysel 

"I have never met a human 
ing who loved humanity as m 
as she did." said Herman J. h 
sell. chairman and presiden 
HJ Russell Construction 
"She gave of herselfto r-- 




Edition 



>fTA CONSTITUTION 



INPAV. MAK'CH 4. 1 '>90 



$1.?5 



ision funds: 'Games' employers play 



► Frequent questions about private pension plans answered 



A8 



■can 
nan- 
sing 

the 
ork- 
pen- 



slons a( all — alter years of loyalty to an 
employer. 

The dream, in other instances, is the 
victim of workers who do not plan for 
their retirements or who fail lo protect 
what few pension rights they have. 

And Congress, despite more than a 



decade of lip siTvire lo "pension rights," 
has leA workers virtually defenseless in 
proteclinn the |hiI of gold at the end ol 
the job rainbow 

The [H)l IS huge $2 6 trillion in assets. 
the largest pool of investabic capital in 
the world, as big as the gross national 



pnidnii ol J;ip;iii. nliiio>l us big as the 
tlS niilioiial debt of $2 8 trillion 

Hut there is no guarantee that any ol 
it will be there when workers of any gen- 
eration retire. 

Kniployers who offer pension plans 
are. for the most part, unchallenged in 
Iheir right lo terminate |>ension plans 

Pleaso see PENSIONS, A8 ► 



^S LEAVE A l£r^.CY OF ANGUISH 



.-swia 



Hammond: 





John Sp<nl(/S<afl 
trom le»i): sxs-f^ Canneo. gru'VlnvKfiai June Martn. stepnxXJief De- is? "afie^ Frankio, tKOthef Johnny 

)rrow fill homes of victims' families 




John Spink/Statl 
Vakna Duton, Oailene Dealons mother, rests her head on hustiand Bernard's shouWer 
I think at>out it, I gel these terrible head- 



aches." said Krankie Lamaine. a 35-yea 
old carpenter "You never Ihink iiomt. 
Uiln« like Ihis could happen to your kid 
Chrt.ty would .l>my, c>ll a -.1 a^>.. Otii 
a*yig>i?fM !■>■.• Wow. alM;* wbara I caa't 



He stopped talking, pressed his Tisls 
into his eyes and leaned back into the liv- 
ing room sofa Hiswife. Denise Lamaine, 
n a lovesoal. smokini: cigarettes. 



"U>t»n » Ru 



flKl-fr 



r\' 



But lie helix'd sell giin 
2 .say he used in slaying 

ByDuaneRinef 

Siatt wntof 

Kmmanuel F Hammond de- 
nied any involvement in Julie 
Love's murder Saturday but ad- 
mitted that he helped sell a 
sawed-off shotgun like the one 
witnesses said he used to beat 
and shoot Miss l.ow> 

l! was the fiisl time juix'rs in 
Ilainmond's week old kidnapping 
and murder trial had seen the 
weapon, which an admitted drug 
dealer said he bought from Ham- 
mond in September 1988 — two 
months after Miss lyove's July 12, 
1988. killing — for five "rocks" of 
crack cocaine and S20. 

Hammond, on the witness 
stand for the first lime in the trial, 
insisted that the gun tielonged to 
his former girlfriend, Janice Wel- 
don, and that she sold the 
weapon 

At one f>oiiil, Hammond said 
he was only "there with her" dur- 
ing the sale but then admitted, "1 
don t remember what I received 
for that, but I remember getting 
rid of the gun through a friend of 
Ms. Weldon's " 

No murder weapon was found 
after Miss Ixive's body was discov- 
ered in a wooded northwest At- 
lanta dumping ground last Au- 
gust, but the prosecution's two 
key witnesses, Ms Weldon, 34. 
and Hammond's 20-year-old cous- 
in. W. Maurice Porter, testified 
last week that Hammond used a 
sawed-off shotgun to kill the 27- 
year-old children's exercise 
teacher 

Porter has pleaded guilty to 
felony murder, robbery and rape 
in the Love case and is awaiting 
sentencing 

Defense attorney William aJ 
Wehunl used his direct examina- 
tion of Hammond to elicit numer- 
ous denials of involvement in 
Miss Ixjve's alxluction. torture 
and slaying Hammond blamed 
the crimes on Ms Weldon and 
Porter 

■' mmond lestiried about the 
oner i> tlormy oulburct by 





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• l^*' K.T-oeersel a Monday In- 

''^n^ tin.e 10 allow psycholoRical 
TnoTsh.- should stand trial Mrs 
jK-trii'd until the suiunior 
mpfrialw \ora Man splml.-r 
; Veitch i Icusod in llic 1987 
fiusband. l>..../joe Veitch. also a 
Veitch told uivesligators at the 
xl him 

notorcycle strikes car 

onday niclil when tlio motorcycle 
Sandy Plains Uoad. police said 
icsdav as Jason Owens. 18. of 1454 
irray, 19. orti359 Bells Kerry Hoad. 

animed into a car that pulled onto 
'dice said no charges have been 
•, Hideko Hodorowski. 52. of 3358 
ccideni was being inve.stifjuted 

ks arrested at credit unkMi 

entered a credit union Tuesday 
jiid a note statint: that she had a 
was charged with armed robbcrj'. 

1724 Hivend.ll.- It.-.-i.t. u:,.v,l,'r..d 
Jrion a; '■ 
ion.' h.ji 

IgtoSfr! • • 

,n officer SI ';•:"■' •'•■■ J- ■ •''" 

icovered the box contained only 

lid »m>ste<J the woman. Sergeant 

■ ■:.-npl to show the note to 



iii run for seat in Senate 

I state representative for 12 years 
n 1988. announced her candidacy 
vacated by Pierre Howard 
as a lobbyist for dental hygienists 
campaign f- 'he Georgia Public 
n'tresistt!. Illenge and the ex 
the Senatt :^ is Oemocrat Bob 
iqcf . ._._^,,,^ maii.nRer for I' S 

Ht-MiutcniMH-'s bam bum 

Bacon said Monday that fircrighl- 
Ihe owner hadn't paid for a fire- 
long-slanding policy, 
•n city limits have to subscribe to 
rtment for S30 a year. 
tel I bam bum because the owner 
n uld the department has had the 
»iu« it was the only way to keep the 

k«ibu» ksHer-s conviction 

'■"•■Mf^v uiijHk) ,h,. death penallv 
J".)™'^ ""^ix- and burglarj' ofthrec 

[**d Incompetent representation 
Si^"'' *"«' ""as impaired be- 
"■"floemenl, and that the jury 

of killing were among 
■"" seven of the wom- 



Byst;uiders see one miui stajn, iinother wounded 



^peied ofkiiii 
B*^ homes: se 
■■ *M dubbed 



dubbed the "stocking 



•tore tUying 

■^J7^^iH"^'^""<'^>*"l''e 
Wi^hSi.?- """enience store 
. "**«»■ "Wording to Bnins- 

dMobley. was killed about 

y;;^mmediately by the 

°* "sh register was 

■jned. he said 

•fore noon, and the 

rjirned himself in 

*en charged with 




By Sandra Mclntoth 

Staff wTiiot 

An assailant pulled out a gun 
and shot two men Tuesday, killing 
one of tliein in full view of pic 
nickers iiiid sonUall players in u 
northwest Atlanta park 

Witnesses told police that two 
men were strolling through Wash- 
ington Park past two others sit- 
ting at II picnic table in a pavilion 
The two men in the pavilion got 
up. fell iiibeliii;d the strollers and 
followed them lor a few yards be 
lore one pulled out a handgvin 
and opened fire on the men 
ahead 

One victim was shot at least 
three limes, once in the forehead, 



■nd died at the scene Ills com 
pinion ran and wan shot once, up 
ptrently In the side Hut he wiiB 
able to get Into the passenger side 
of « car that s|ied nway. witnesses 
li>U police 

Tlie giiniiiHii and his conipiiii 
ion fled on foot 

The dead man rarricd no 
idenliflcallon. olTlcers said, and 
Isle Tuesday night they had been 
unsblelo IdeiitllV him 

Ue've notified all the area 
hospitals." said homicide Investl 
f.!>\or Tommy Townsley "If we 
csn find him. maybe he can ex- 
plem why they were shot " 

\ Softball player arriving for a 
gsme atlhe park on Ollle Street 
ssid "We've been playing here for 




»nv««rol years now, and we keep 
seeing thlng< that we know aren't 
kosher, aren't quite right, but wo 
lO' to Ignore It. play our game, and 
go home. I think It's about time for 
the neighborhood to take back 
their streets" 

A woman who was eating a 
I'lilckeii dinner In (\ill view of the 



<(>nMrly Par>on/Slall 



killing said I don't want to talk 
about what 1 ^iw because I want 
to continue u live I want to live 
till my 42nd Nr.hday" 

She ran k< cover when the 
shooting stir.rd. and when she 
relumed sb? found her chicken 
had been slc>len 





Emnonual F. Ifammond 

Listens as judges, lawyers debate 

Judge limits 

prosecutor's 
summing-up 

Mentioning Love family, 
drug crime is disallowed 

ByDuaneRiner 

Staff wnter 

The judge in the murdertrial 
of Emmanuel P Hammond 
sharply ri'slncled llie pro.'iccii- 
lor's closinK aryumeiil Tuesday, 
barring references to the late Ju- 
lie Love's family or playing on 
public fears about drug-related 
crime 

Testimony in the eight-day 
trial ended before noon Tues- 
day, but Fulton Superior Court 
Judge Ralph H. Hicks delayed 
closing arguments until this 
morning 

Fulton County District Attor- 
ney Lewis R Slaton said he 
sometimes has agreed to tone 
down the rhetoric in death-pen- 
alty cases, but never before has 
he been limited "out of the blue" 
by a trial judge. 

Judge Hicks, whose order 
drew an immediate protest from 
Assistant District Attorney Wil- 
liam L Hawthorne III. listed 
nine "impermissible" areas, in- 
cluding the prosecutor's opinion 
about 'the death penalty in gen- 
eral." 




Ren«« Hannans/Staff 



M|» Rdph H. Mdu makes a point Tuesday In Fulton Supwior Court. 
He rjed nine subject areas off-limits in the prosecution's ctosing argument 



If the 24-year-old Hammond 
is convicted of kidnapping, rob- 
bing snd murdering Miss Love, a 
27-yesr-old pre,school gymnas- 
tics teacher abducted fi-oin a 
Buckhead street the night of July 
11. 1988, the prosecutor will aslc 
the jury to impose the death pen- 
alty 

Miss Love's body was found 
last .Migust in a northwest Atlan- 
ta dump She had been shot in 
the head 

Judge Hicks also ruled out 
the prosecutor's "personal opin- 
ion" about the validity of the 



stale's evidence or the credibll 
Ity of prosecution witnesses and 
any argument "concerning the 
comparative worth of the victim 
and the defendant " • 

Mr. Hawthorne asked the 
judge to reconsider some of the 
restrictions. Including refer- 
ences to Miss l,ove's family mem- 
bers, who have attended every 
court session, and to generalities 
about law enforcement's battle 
against drugs and crime The 
judge said he would allow Mr 
Hawthorne to present legal argu- 
ments on those isstrbs this 
morr!'-- 



Utilities 
can't *buy' 



i-"- -*- 



n-Arr; 



i^.. ..^ '.iceides 

By David K.S«cr«s1 

Staff writer 

Georgia .^:-er Co., Atlanta 
Gas Light Co i>d the state's other 
energy utililiei *ill be prohibited 
from giving ciia or other induce- 
ments to influrnce customers to 
hook up with Lvm, the stale Pub- 
lic Service Commission (PSC) de- 
cided Tuesd£> 

The 3-2 v,v.e to make those 
practices iliep! is expected to 
take elTi'ct '- ■ rorith and ap- 
plies ;■ "1. :.- : ,. i nal-aral ri.-: 
utilities and e>earicmemberstiip 
cooperatives (EMCs). 

Some utilises have offered 
cash, appliar>^M and free or re- 
duced-rale advertising as incen- 
tives to builders, developers and 
appliance deiW.T to choose their 
energy source o^er alternatives. 

"The basic liu-usl is to prohib- 
it the buying oTsusiness at the ex- 
pense of ecor»-> and energy effi- 
ciency," said Cc-cimissioner Gary 
Andrews. whc-H^ motion was sup- 
ported by C'i —an Bobby Paf- 
ford and C . " -.issioner Billy 
l.'ivett 

In opposiu;:, were Commis- 
sioners Bobb> Rowan and Cas 
Robinson, who » snted to ban pay- 
ments but adc>p< a less restrictive 
policy. 

The decistofl will have little or 
no effect on cnstomers' utility 
bills, except foe possible reduc- 
tions in ad^^rusing expenses 
passed on to coosumers. 

PSC polio (or years has been 
to exclude most promotional 
spending sourO: by utilities For 
example, in its 1987 rate increase 
request, Oorai Power asked for 
$4 8 million it s^ient on heat pump 
advertising, boi the commission 
did not grant ur of that amount 

Georgia Power spokesman Tal 
Wright said the utility fears the 
proposal "mai go too far and 
could affect sscii endeavors as 
economic deveK^Hnent" 

ButAtlanU Gas Light general- 
ly p-ai?--! f-e tSerifinr. 



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l<-cl hnrk tu jail 

Ji-rry l,ovo. Julit-'s fiillicr. said 
■VVo'll jiisC wail until tins Hunt's 
dvor" lo cominpnl 

Kiillon ("oiiiity Assisliml Dis 
liul Allomcys William 1. Iliiw- 
lluinic III and Uichaid Hicks 
sli.M.k liands alU-r (lie v.rdul 'I 
:iiH (ihvioiisly very plcaM'd. .'■aid 
Mr llawllKiino 

"I lliink IIk- jury worked liiii): 
and liani in thi-ir dflilirraliiiiis. 
.iiul llu-y appaix'nily had Mime ha 
MS lor Iheir vordirt." said Mr 
Wrliunt "It n-mains ti> lie M'fii 
« lu-tlH-rtlu' death penally will 1)0 



In an oniotional finat arr:ii 
inent. Mr Hawthorne told the ju 
lors that if they set llaniiiuind 
dec lip would kill again 

"lie's a brute and a beast who 
preys upon vulnerable women." 
Mr. Hawthorne said near the end 
or his 92 minulp summation 

Mr Hawthorne reminded the 
jurors of the testimony of a prison 
uiiiiate. who said Hammond was 
uilh him during a 1982 kidnap 
pini:, to make a point almul the 
salely of Kulton County stioels 

"The word is out that if you 
w:iiil lo kidn:i|>. roh and iiinr.i.T. 



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;ii<ileil the iimiJte ii) urciiii' l.i'' 
Mil y lint lo lei "a proven miirderiH 
!■.. haik on the streets " 

'telling jurors that "talk is 
■ lieiip." the prosecutor said ac- 
noii Kels results. "Stand up and 
loll Kiiunanuel Hammond and the 
iilliei coldblooded murderers of 
Kulloii Counly that we're sick and 
I lied of the senseless murder and 
i.ikinp of human life, and we're 
11"! KciiiiR to take it anymore" 

lliiininond has offered no alibi 
(ill Ins whereabouts on the night 
nf the kidnapping and slaying. 

Mr Wehunt portr.iyed his cli- 
111'. ;ts a victim of a jealous and 



iljll 



vlio 



. .iii.^cd lldininond ol'ltic imialor 
alter he began dating another 
woman 

Air Wehunl insisted, as llam- 
I'l'iiid did in his testimony Satur- 
day, that Iheformergirlfriend. Ja- 
nice Weldon. a 34-year old former 
stripper and the mother of four 
iliildren, and Hammond's first 
iniisin, W. Maurice Porter. 20, 
' I lied Miss Love 

I'orter lestified that he stood 
liy his cousin's car as Hammond 
I'lued Miss Love into the dump, 
-lull her in the head with a sawed- 
mH stiotqun and rrtumod with his 
i.i'e splattered with blood. I'orter 
1- expected lo receive three life 
s iilences, two oflhem lo run con- 
sociilively and a third concurrent- 
ly . for his role in the rape, robbery 
and murder of Miss Love 

Both Ms Weldon and Porter 
k'slilied that Hammond ordered 
I hem to try to siphon cash from 
Miss Love's account and became 
enraged when the bank machines 
lonfiscated both bank cards be- 
( .Tusc Miss Ix)ve had given Ham- 
mond the wrong codes At that 
I mill, they said. Hammond beat 
Miss Love for the second lime 

I liate\ening with the barrel of his 
-liolgun and then bound her with 
( .i.it hanger wires and attempted 
to strangle her before taking her 
lo the dump. 

Defending Ms Weldon's cred- 
iliilily. Mr Hawthorne told jurors 

II would "be great to gel nuns, 
preachers. Sunday school leach- 

■> d .ihi-- j T.vL.n- '.s^ -e rep- 
lUiliuns are beyond reproach, but 
I submit to you, ladies and gentle- 




Think vacalio... Make your reservalioni 
with Rffv-tr-do of Beverly Hil] 





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Metro 




THE ATLANTA CONSTITUTION 



FRIDAY, MARCH 9. 1990 



"7 never. I ain't never. I don't even knotv this lady. 



Hammond erupts as woman recalls attack 



By Duai>« Riner 

Stalt writer 

Comicled killer Emmanuel F 
Hammond, subdued Ihroughoul 
ihe 10 d2>s of his trial, had In hi- 
rcslraint-d b> his atloriioy Thurs 
day when he snapped at a witness 
.ind tried to go after on"" of the 

■] ' .-ml n-.-^r ldo;V 

lddy."lhc24->>j.ir 

.: ■■ . . said from his d.- 

;. t-.-e ;<;L,'- M-jt about Ih" woma- 

who had just pointed him out ., 

: he man u ho fondled herdurint . 

";.2 robbery in her DeKalbCouii 

.. nome 

The shotgun killer of Julie 
Love then stood and moved 
toward Fulton County Assistant 
District .Mtorney William L Haw- 
thorne 111. who had asked the 
woman to identify her alleged at- 




dered a brief recess in the sen- 
tencing phase of Hammond's 
death penalty trial until Ham- 
mond could be calmed and could 
talk with his attorney 

Charges in the DeKalb rob- 
bf-r> and attempted rape were 
dropped in a plea bargain when 
Hammond pleaded guilty to kid- 



,ht 



ilicr 



■ I iwirTmrniiiiii iMi 



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rffiWlIll TTBMIMWMI 



Jerry Love (left). Julie Love's father; Emmanuel Hammonci points as Rotiert Maxwell, William Wehunt try to calm him 

tacker Hammond said, "I don't at me all morning, staring me in normal" with an IQ of 83. was 
like what you just did, Mr. Haw- the face." quickly surrounded by six depu- 

thome. She sat over there looking Hammond, classified as "dull- ties, and Judge Ralph H Hicks or- 



The woman was the Ihin 
;-.jsi"Cution witness csllc. 
Thursday as the slate began try- 
ing to convince the sequestered 
jury that Hammond, convicted o! 
murder on Wednesday, should b- 
electrocuted instead ofbeingser 
tenced to life in prison 

The first witness, Kenneth 
Knighton, testified that Ham- 
Please see HAMMOND, BS ► 




•♦<> ptMf to to: HaroW t-Ovst wtx3 says fie Has doesnl know wtiefe fie will 90 after ttie sheflw 

'-flci at tr>rU(von Mission lot miee years admits f^ loses its lease on l^e Pryot Street tCttoot buMmg 

Back on the street 

I loineless shelter's lease 
'•.iiKvled 1)V school l)oard 



*y Lom 0*niM Booker 



M r 




'91 hndmt kind 
to prisons, road^, 
longtime teachers 



By Rhonda Cook 

Staff wnter 

Longtime teachers, construc- 
tion companies and commuters at 
1*0 .Atlanta universuies were 
among the winners in the Legisla- 
ture's slate budget for next year 

The biggest loser was Ihe 
Georgia World Congress Center, 
which didn't get money for a $69 
million addition, one ofthe small- 
est was the Aviation Hall of Fame 
south of Macon, which didn't get 
»50,0O0 

The House and Senate are ex- 
pected to give final approval to- 
day to a $7 79 billion budget for 
fiscal year 1991 that provides a 
pay boost to expenenced teach- 
ers, money for new prisons and 
rural highways and an extra por- 
tion of building funds for the Uni- 
versity System, including parking 
decks at Georgia Tech and Geor- 
gia Slate University 

With a push from U Gov Zell 
Miller, the stales colleges and 
universities got almost »56 mil 
lion for planning and construe 
tion about double the amount 
contained in Cki\ Joe Frank Mar 
riss budget request 

To help invrsligalr and hull 




► Legislative news 



B3 



child abuse, the budget include* 
fUnds to hire S3 addiUonal cue- 
workers and another 52 people to 
complete foster-adoptive home 
Invertigatloni 

State employees will get the 
2 5 percent raises propoied by 
Mr Harris when the Legiilature 
convened in January But the 
House and Senate have devlaed t 
teacher pay raise plan that would 
give expenenced teachers up to 4 
or 5 percent in raises 

The budget plan ctlU for I 
percent raises for beginnlni 
teachers But teachers who have 
reached the top pay icale -> thoae 
uilh al least 17 years experience 
— will receive a 4 6 percent raise. 

PIMM M* HWXfT, U4 ^ 



. FRI MARCH 9, \ 990 



Ihr Mlonln J(nir5olJkW_CqNSTTTUnON_ 




coHiiCfuei^^^' 



Six deputies immediately surround Emmanuel Hammond after his outburst 
in court Thursday, the judge ordered a brief recess. 

Kammortds State areues 



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'^CTOR WHEELBARROW 




inorid and anollior man <lole nis 
car at gunpoint and robbed him ol 
S140 in 1980 An Atlanta police of- 
ficer told jurors he later pursued 
Hammond in the victim's 1977 
Ford Thundorbird until it blew a 
lire 

In addition lo witnesses re- 
telling alleged crimes against 
them. Mr Hawthorne told the 
jurj' that Hammond's guilty plea 
in the 198'2 kidnapping and rob- 
ber>' of a Virginia-Highland wom- 
an would be one of the "aggravat- 
ing circumstances" that would 
trifis->r lh<- death p.>n3l:> 

Another, he said, would be ihe 
"outrageously vile and inhu- 
mane" treatment Miss Love en- 
dured before she was shot in the 
back of the head. 

The prosecutor asked jurors 
lo lell Hammond that "if you take 
the life of a human being in the vi- 
cious, vile and horrible manner in 
which he killed Julie Ixive that he 
must pay with his own life" 



Ueftinse altorney Williiiri \ 
vVehunl called Hammond's most 
recent girlfriend. Glenda Fay 
Baugus; his mother. Doris Ervin; 
and a former emplo.ver as charac- 
ter witnesses, 

Mrs Er\'in said that, as a 
child, he often was the victim of 
beatings by classmates 

Jurors deliberated eight 
hours before pronouncing Ham- 
mond guilty of kidnapping and 
murdering Miss Love, a 27-year- 
old children's fitness teacher ab- 
ducted July U. 1988. while walk- 
ing along a Buckhead street 

H^min'ind's form-rgirlfr',-;-nc 
who turiiod him in boc^ust.- i.'io 
feared for herown life, and an ac- 
complice who turned state's evi- 
dence, testified that Miss Love 
had been beaten, raped, nearly 
strangled with coat-hanger wire 
and finally killed with a shotgun 
blast to the head 

Herbody was found 13 months 
later in a trash-strewn woods in 
northwest Atlanta. 



Bank: $150,000 seized bv feds 



► Coilinued from B 1 

A third bank officer closely 
tied to the two men is considering 
resignation, he said 

Arthur Benefield. chairman of 
the banks tKjard and an East 
Point city councilman, confirmed 
that he testified Tuesday before a 
federal grand jury in\estigating 
the case Abankteller and securi- 
ty guard have been subpoenaed to 
appear, the source said 

The $150,000 was the second 
cache of money confiscated at the 
bank this year On Jan 6. federal 
agents found $27,100 in another 
safe deposit box at the bank. 

The investigation by the Drug 
Enforcement Administration and 
Internal Revenue Service has 
widened considerably since 
agents began looking into a series 
of $350,000 loans thai helped post 
bond for Waller l,ee Freeman, a 
major Atlanta cocaine trafficker 
The loans were arranged last year 
h;, 1h^hiMl^ cfTiccr^ 

Mr Kri'cman was convicted 



lion and conspiracy trials. a(\er 
agents seized almost SI million 
and cocaine valued at $16 million 
from him and his organiiation 
He is serving 15 years on state 
charges, awaits sentencing on 
federal charges and has been 
cited for contempt for refusing to 
leslilV" in the bank investigation 

Federal agents have alleged 
in court documents that Mr Free- 
man's attorney took almost 
$400,000 in drug proceeds to a 
Fayette County contractor and 
bondsman, who put the money in 
a safe deposit box at the bank and 
then arranged loans through the 
bank to post bond for Mr 
Freeman 

Agents are not sure whether 
the $150,000 found in Februar) is 
related lo those transactions, the 
source said 

Chartered in 1987. the First 
Bank of Georgia is a community 
bank in East Point with assets 
greater than $45 million The city 
of East Point maintains all its op- 
pr^iine funds at the ins!itui""'n 



\/l 



loses 



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IfCCHBHu 



(DAY. MARCH 10, 1990 



<ill> 



ia Tech 76. N.C. State 67 
ia 92, North Carolina 85 



HIGH SCHOOLS 

► BOYS SEMIFINALS: 

► AAAA: SouthsiOe 51, Riverdale 43 

► AAAA: Columbia 69, SW Macon 60 



IE CHILDREN 



...^ 




r 




G«n. Mlch«l Ao4fn appeals for i 
eod to Lebanon's IS-year-oId cwii 
war. making a condllatory move t 
Shifie Muslim leaders 

Afi'h*fi^»t»n Pre*J<iefrt Najibul 
Ian purgeii a'niDit halt Ihe ruling 
mouto and arrests hundreds 0l 
SOlfliefS find p0vofnpv»nt emal. . 





ftciuty, whtch provxJos refuge tor atjuseo arid 
ted chiWren. 



clear Legislature 



INSIDE 



SKislature »90: . , 

••■Pthitwslon. ■ 



^SS^ *■ 'nnen 



^,'» U»e 





Fatlier of slaving victim Julie Love adis 
sentence justice,' but a 'shallow victory' 



ByDuaneRktef 

Slatf wTlier 

Kniir,.-iiK>;. ~ Hsrrimoiid was 
setitonccd Frici;. r.ight lo die in 
the electric chair for killing Julie 
Love. 

A Fulton Ccunly jury deliber- 
ated 4',^ hours before recom- 
mending the sertence, which was 
imposed bv Superior Court Judge 
Ralph H Hicki It was the first 
death sentence ir.posed in Ful- 
ton since 1984 



► 2 years of waling end 
for Love fa '-^W Bl 

► Prosecotc- ^."ruffled 

by bigges: case B4 

Hammond *as convicted 
Wednesday of -..-.e July 12, 1988, 
slaying of M iss L.d^ e. a 27year-old 
children's fitness teacher abduct- 
ed from a Buckiead street after 
her car ran out of eas 

She was raped, bound with 
coat hangers and ultimately 
killed by a shoirjn blast fired by 
Hammond, a 2-;-;,ear-old Marietta 
auto repairman 

"I'm very grateful to the jury, 
the prosecutor and the judge for 
what they did, a.'/d I feel that jus- 
tice was done Its a victory of 
sorts, but a ver. shallow victory." 
said Jerry Lo^e, the victim's fa- 
ther, before breaking into tears 
and walking au a.'. 

The case is automatically ap- 
pealed to the Slate Supreme 
Court 

Hanim.'nd s cousin W Mau- 
rice Porter and Hammond's ex- 
girlfriend. 34->ear-old Janice 
Weldon. were L-.e primary prose- 



stops when 
'heart' quits 

Taps dry up in most 
ofcity for3hours 

By Sooti Bron«tetn 

Stall writer 

For three hours Friday 
afternoon, Atlanta toileti 
stopped flushing, faucets 
went do. fountains fal- 
tered, and local businesses 
scrambled to make do 

It was the second time 
the city's water supply was 
completely shut down in re- 
cent years, highlighting the 
growing weakness of the 
city's antiquated water 
system. 

The shut-down was a viv- 
id awakening for thousands 
ofcity residents to an ever- 
aging and unstable city in- 
f^'astructure. 

At the downtown City 
Athletic Club, lunch time 
workouts were in flill stride 
when the water shut down. 

"We had a dozen people 
sweating like pigs on the ra- 
quetball courts, and 30 
sweaty people in the middle 
of aerobics." said Karen 
Thomas, an accountant at 
the club 

"There was this mass ex- 
odus of people for the show- 




Frsnca )otn* Poland in cmictzii 
as "tnsutticieni" a German pleo 
rot to challenge bolder^ eslab- 
list^ed after World War II once tr. 
two Germanys unite. 
If»nl»n PreiWent Hashemi Ra- 
sanjani says that the telephone i 
in wtiich President Bosfi thougtil 
he was talking to Mr Rafsanjani . 
a "disaster " (or Washington. A 

HutMJredt of police baciied by 
U S troops sweep through Pana 
City, confiscating firearms and 
dnjas. and arresting susoec*; • 

Sla-vp out a Cr.r-\9 *,:v'= 

NATION 

L«« Atvntor has strucit a btow i 
ell Ihe garage bands of the I960 
the amateur musldans wtio 
dreamed of being rod* stars. 

An*(y*i*: For the second time <t 
year. President Bosh has set goa 
for ttie nation that he hopes som 
one else will pay for with his natt: 
transportation policy 

A muMmiUloiwUbr legal wi' 

vofving charges of embezzierr. 
fraud and cocaine abuse pits i 
a^d Carnille Cosby agajnst th*- 
r^e' D jsiress rr-anager, wtio re- 
ceoity filed for banknjptcy prole 
tion. 



Is glasnost g 
in cigarette 

By Chrte Venter 

Staff wnter 

Is the world ready for p' 
ing that puffers need a new 
panv has launched a cigarc 
Viet President MRchail S. Cc 
chow."" boasting "a taste of 
introduced in Geneva on F: 
marketed next in the Unite 
ing to Peter Stuber. whose ' 
makes it "Wf i' :nl( |-<oplc 
tired cowtwy on an almost r 
Stuber said, referring to thi 
man The name "Gorbalcho 
spellings of the Soviet lead, 
ous languages. "Ba-Buan-Ki 



§- 



Metro&State 



tiB 



Slje 2VUaniaaoumal □ the Atlanta coNSTtTUTtON 



Sentenced to die 

Jury foreman calls murder of Julie Love outrageous and wantonly vile' 



By Duan«Rln«r 

Siafl v^TTter 

More than two years of painftil 
v>ailing ended Friday nighl lor 
Ihe family and friends of Julio 
Love when a Kullon County Supe- 
rior Court judiie orderod sholsun 
i-iU. r KinniMnu.-l i". liir.i:;. 'i;.; 
I'.'t lodi-ath. 

im ver>' grateful to iho jiiQ. 
the prosecutor and the judge for 
whal they did. and I fool thai jus- 
tice was done." said Jerry Love, 
the father of the 27-yearold vie 
tim "Us a victory, of sorts, but a 
shallow victory." 

Miss Love was abducted from 
a Buckhead street on July H. 
196£ She was raped, bound with 
wire coat hangers and nearly 
strangled before she was shot 
once in the head Her body was 
found in August 1989 in trash- 
■ewn woods in northwest At- 
'. hi 
"■■ In announcing the sentencing 
-o:ommendation. the jury fore- 
■ f»id thf torture was 'oiitra- 
V jjv tnd wantonly vile, horrible 
and inhuman and involved de- 
pravity of mind." 

Mark Kaplan, Miss Love's boy- 
friend, applauded the jury. 

"An impartial jury, black, 
white, male and female, made a 
decision that sent out a strong sig- 

Piease see HAMMOND, B4 ► 





Renee Hanrwns'Sla'^ 

CKndi B»ugu». Hammonds girttriend. breaks 
into teare as the sentence is read 



►• The Love case: A 
chronology 



B4 





► Prosecutor Hawthorne's 
bggest case B4 



Emm*nu«l Hjmmood (left) listens as the jury reads us cec^jmmen- 
dation ihat he die in the electnc chair. Jerry Love (nght) lather of murder 



viclm. Ji.!i6 Love, is s!o:c as tr-o se-leice r(^:o- 
He called the sentence a "shallow victory." 



■e- ee Hannans Sta" 
•lendat'onisread 



Countersuits 
cliill dissent, 
some believe 

Developers fight back 
when projects in peril 

By tUn F(Mk«tt 

s-' W 

with a $350,000 lawsuit hang- 
ing over her head, Grayson 
Roquemour has just invested 
her 1.1-year-old son's college 
money in a Tight to clear her 
name, save her home and recov- 
er ht-i'. . 




Desegregation experts 
bullish on DeKalb plan 



Jonalhan Nawtofi'Stafl 
Crayaon Rottiwnour and h<?r son Pharron Wo^b. no?r (he<r mr^i home. 



By RotMft Anthony Watte 

Stafl write' 

DeKalb County's plan to open 
magnet school programs in its 
predominantly black south side 
this fall probably will prevent 
white flight and accomplish more 
long-term integration than man- 
datory busing, two desegregation 
experts said Friday 

But the 73.000-student sys- 
tem's most effective way of com- 
plying with a federal appeals 
court desegregation order might 
be a combination of magnet 
schools anfi limited bn-^inp. !*"■■ 



mandatory reassignment plan." 
said Willis Hawley, director ol 
Vanderbilt University's Center 
for Educational Policy 

Mandatory busing would re- 
sult in large numbers of white 
families deserting DeKalb's pub- 
lic schools, he said 

"The white population has 
Gwinnett, and they'll just say. 'Ill 
move my kids across the line next 
year,' " he said. 

DeKalb school olTicials said 
Thursday they plan to open eight 
magnet schools — special pro- 
grams designed to attract stu- 



^ 




-mmi "Xt: ^ 





<->^^ 

"^^^M/ 



Warief OrrYr^ig/Siatl 



ITS^NEWSOjJTH:^ 

Lonal stereotypes are finally being buried 



iWRion 

COTBMullOn 

ton has long in- 
» « place for 
«mers, though 
r on« of their own 
ijt Beginning 
~he Beverly Hiil- 

K pillar American 
. early 1960s, a 
Wows has consis- 
•nil* Southerners 
cint hicks 
^;l)' Hillbillies" 




ny jealously guarding her "remedy" 
of moonshine, and a pool table serv- 
ing as a "fano dining table," with 
cue sticks as "pot passers ' 

Until recently, such cliches typi- 
Tied television's portrayal of the 
South. But since the mid-1980s, the 
image of Southerners oij television 
has changed noticeably Such cur- 
rent network shows as "Designing 
Women," "Matlock" and "In the Heat 
of the Night" are depicting South- 
erners in more realistic terms While 
these shows don't capture the diver- 
sity of the modem South, they do suc- 
ceed in putting a new twist on tradi- 
tional themes and stereotypes. 

"Southern" characters first ap- 
peared in Amencan culture in the 
early 19th centur). a byproduct of ris- 
ing sectional consciousness liefore 
the Civil War Such stock figures as 
the Southern belle, the aristocratic 
gentleman, the good ol' boy and the 
redneck go back that far, and they 
have t>een used ever since to enter- 



tain Southerners and non-Southern- 
ers alike. 

Writers first developed these 
stereotypes, but films set them per- 
manently in the Amencan imagina- 
tion The trashy Jeeter testers in 
"Tobacco Road." the amiable Burt 
Reynolds in "Smokey anr the Ban- 
dit," the murderous rednecks in 
"Kasy Rider," the scheming Betle 
Davis of "Jezebel." and the honor- 
able Ashley and fiery Scarlett (who 
was once described as "J E B Stuart 
in drag") of "Gone With 'he Wind" 
still resonate in our pop-culture 
world. 

Television has now superseded 
these other media in ils power to 
shape public opinion, and the TV im- 
age of the "silly South" has thus been 
a large factor in national perceptions 
of the region. 

In the 1950s and 1960s, while tele- 
vision news conveyed images of the 
South as a violent and Iwckward 
Please see SOUTH, D4 ►• 



At Love trial, 

a compelling 
human drama 

Ui\v)'ei"S. Icunily members 
at center of courtroom stoiy 

By Gary Pomenntz 

Stati writer 

The Julie U'^e rurder trial stirred the pas- 
sions of Atlanta litr few other cases of recent 
years, burning the iir*aves and monopolizing 
the headlines 2tLri-".ing notice from every cor- 
ner of the rit> Too B jsy to Hate 

The high profile :'' the case derived both from 
its racial overu r.-?.; — a 2-) year-old black man ac- 



; ',d murdering a 27 year-old 
from the niystco' over the 
f which was not solved un- 



cusod of kidin; 

white \vonia:i 

victim's disarr- 

lil l!ii!d:>. ■ T- - -.• 1 : . . ,..,1... 1.,,.^ j„ .: 

r-'mol'", w ' 

What tr. 
KultoiiCoui, 

wasadrama ■. c ;,.,.;, ., ..•>;...,, r . ...v;' 
that could be :\; > .- :ersloodonly by theTOspi'C- 
tators who pickec '.ne five-row public gallery 
during 1 1 da> f T'.r : .bplots of the trial provided 
electric liumiri ■.'.-.v.!:-: ihe calculated blurring 
of racial line; the liijiesmanshlp between op- 
posing attorneys tr. .r.jone oflhe biggest cases of 
their career, and \-.-. emotional burdens of two 
families who s/iop;-: -,o words, only despair. 

During the eigr; nours of ileliberations that 
preceded the jur> ! guilty verdict Wednesday 
night, the relalues >:';ulie Love and ofdefendant 
Emmanuel F Harr-.^ind congregated separately 
in the hallwa\ but r.cod only several feel apart. 
The two sides t'.i - \: con\er^p 

At one r: 
viotim's i:,-.: 



the defendant i .-'.i:- 
falher leaned axair.it 
the same post, but ^r^ 
opposite sides 
The racial 



oppmadied ti\e 
defendant for ams- 
ezanmaUon, a 
sions in the case h=-j whisper from mv of 

been heighlen«l ts MiSS hm's friciuh in 
death threats a£ain<? , n i i 
Judge Ralph H Hicb the gallery broke 
and defense 8itorT>e; throush ^ silence: 
William A Wehunt ..r- i i r- , 

(Vom a group knov^^ Conw on, baby. Get 
as the Aryan Re; ■- himlCkthim!" 

tance Movemer'. Ve.- 

al detectors, a -ce: camera and several plain- 
clothes detec.r.e- -e-e brought in for additional 
security One ce.e;'. e Sit in the front row of the 
public galler) r.ea..^ Mr. Wehunt, and when he 
crossed his leP. Ie£ ?-.*r his righUknee, it exposed 
a gun stashed in ar. a.ikle holrter. 

But the race isjje was blurred inside the 
courtroom The 12-;^rson jury comprised eight 
blacks and four «T..ies Prosecutor William L 
Hawthorne III is t-lack, while Mr. Wehunt is 
while. And the defendant's mother, Doris Ervin, 
orten sat between &er white husband and her 
son's 25-year-old unite girlfriend, Glinda Fay 
Baugus (Ms Baur^; »as seen outside the court- 
room one day reaoirs a hard-cover book titled, 
"Handbook on Cour.-oom Evidence") 

At times dunn| _-.€ trial, particularly during 
haunting testinon> atxjut how a gun blew Miss 
Love's skull into 22 fragments, there was a 
stunned silence iha; *as penetrated by the sound 
of the fidgety defense attorney cracking his 
knuckles. 

The appearance oefore the jury of a crude 
sawed-offshoicun — ess than 17 inches in length 
from barrel to bur. — might have been the most 
dramatic moment of aJI It wasA blend of theater 
'and icy reality 

The gun ne%er >»is identified as the murder 
weapon and previc-sly had been ruled as inad- 
missible evidence b^ Judge Hicks But when Mr 
Hawthorne finall> wii permitted to place the gun 
in Hammond's harvds. asking him to identify it as 
he sat in the witness chair, it served the state's 
chilling effect One woman juror in the front row 
null — LOVgl 





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Love trial: Haunting details, families in despair 



blanched noticeably. The defense 
attorney protested, demanding a 
mistrial, but to no aval!. 

Hammond admitted being Ta- 
miliar with the gun, but said it be- 
longed to his former girlfriend, 
Janice Weldon. a one-time strip- 
per who he claimed had joined 
his 20-year-old cousin, W. Mau- 
rice Porter, in framing him for a 
murder he contended they com- 
mitted (Porter has confessed to 
raping Miss Lo.e and faces Ihnr 
life sentences I , 

During his closing argumenl,- 
Mr Hawthorne picked up the 
sawed-off shotain and held it in 
front of the jur\ on six different 
occasions That was no coinci- 
dence. Neither was it a coinci- 
dence that Mr Hawthorne twice 
picked up the human dummy that 
had been lying on the courtroom 
noor for eight days, its ankles and 
wrists bound with metal wire to 
show how Miss Uve spent her fi- 
nal tortuous moments. Both 
limes, the prosecutor let the dum- 
my drop to the floor, lifelessly. 

Rnhhlnj w^ « flourish, Mr 

Hawthorne alternately termed 
the defendant an animal ... a 
brute a demon a lying, con- 
niving con man despicable " 
Mis coup de grace was delivered 




Jute Love's lathe: and stepmoth- 
er. Jeny and Loretta Love, at Ham- 
mond's tnal 

with a sneer as he pointed at the 
defendant and instructed the ju- 
rors: "Give the devil his due." 

The family and friends of Miss 
Love sat in the second and third 
rows of the gallery and at times 
numbered as many as 13 Some- 
times the testimony was too much 
for them to bear As the state ar- 
gued for the death penalty Fri- 
day, it played a tape from Miss 



L v,v; i,-l.'plioii- :.r.;v.T,r; .ma- 
chine. "Hi, this is Julit;. I can'l 

come lo the phone right now " 

Neither the victim's father nor 
stepmother heard any of this, opt 
ing lo wait outside the courtroom. 
The Hammond contingent, 
which often consisted of only Mrs, 
Ervinand her husband, kept a de 
cidedly lower profile, sitting in 
the back row of the courtroom 
each day. On two different occa- 
sions afler adjournment, the 
heavily guarded defendant was 
allowed to speak with his mother 
Both mother and son leaned over 
a courtroom railing, their faces 
only several inches apart Two 
sheriffs deputies loomed nearby. 
Both times, Doris Ervin leaned 
over to kiss her son before 
leaving ' 

Tlte tension was at Its peak 
when Hammond was on the wit- 
ness stand. As Mr Hawthorne ap- 
proached the defendant for cross- 
examination, a whisper from one 
of Miss Love's friends imhe gal- 
lery broke through the silence: 
"Come on, baby Get him' Get 
himr 

During the cross-examina- 
tion, Mr Hawthorne often 
blocked Hammond's view of his 
attorney, Mr Wehunt. Conse- 
quently, Mr Wehunt craned his 
neck so that his client could see 



him and C.l'.'-ii i.: ::l,:i::V :, •i- 

ed. As Hammond lestihed, Mr. 
Wehunt nervously moved his lips, 
almost lip-syncing, as a play- 
wright might while watching a 
dress rehearsal. 

"Mr Hawthorne," the defen- 
dant told the prosecutor during 
the heated cross-examination, 
"you trying to make me look so 
bad, man." At another point, the 
defendant challenged a series of ' 
brutal allegations made against 
himbylestifying. "If a person did 
that, they should be killed They 
don't deserve to live " 

In the second row of the gal- 
lery, several members of the Love 
family smiled at this notion, Mr 
Wehunt instantly held up his 
hand and warned his client not to 
ramble. "Let him ask the ques- 
tions," he told Hammond 

Hammond denied committing 
the murdCTof Julie Love Howev- 
er, he testified, "To the Love fam- 
ily, I'm sorry for what happened" ' 

Upon hearing this, several of 
Miss Love's relatives shook their 
heads with contempt Jerry Love, 
the victim's father, only stared 
downward at his thumbs, which 
he rapidly rotated in circles 

Another Love family friend 
reacted more impulsively She 
simply laughed out loud 



Communism: Collapse calls for political rethinking 




■ Continueo 'rcyr, Di 



lis. edu-- 
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WED , MARCH U, 1 990 ... 



Hammond prosecutor's tactic questioned 



LiNwers say tiilk 
of c'k'inency could 
imalitlate seiiteuce 

By David Corvette 

Sl.\lf wtilor 

A pioscc'iilors rrinaik iii liiuil 
iii-Runu'iils - thai Kmuianuol !•' 
llaniinoiid could bo paroled if giv 
cii a life prison Umiii — may in' 
validalo Iho doalh sentence Hani 
ino[id received in llie torture slay- 
inR of Julie Love, criminal 
defense experts said Tuesday 

Hammonds murder coiivic 
lion would stand, but a new jun 
«ould have lo be ini| aneled to 
(leeidr wliellior the 24 yeardUi 
Marietta auto meclianic would 
eel life ill pri.^nnir death 




Wediiesjay convicti"':! i-uinniou-: 
ol iiuiidei-iiif; the 27yearold pi ■•• 
school I'ltnoss leaelier, and two 
days later lecoinmendcd the 
death sentence, which the jiidso 
iinpo.sed 

In arguinK for electrocution. 
Assistant District Attorney Wil- 
liam L. Hawthorne Ml warned the 
jury that Hammond was "too big a 
risk lo be let back out into society 
There is no life witluiiil paiole in 
(ieorgia. and one da., he will be a 
free man " 

A 35yeai-old state law pro- 
hibits either side in a criminal 
case from telling the jury that a 
defendant, if convicted, could be 
eU-.;ible for any clemency Thi- 
statute r.Kin.lales.i ;r,istri;^i if the- 
prohibition ib violattid, and it says 
failure to grant a mistrial "shall 
constitute reversible error." 



William Hawttxime 

Assistant district allomby 

^'ou can have fit) reams of ap- 
j.illale briefs and an apiiellate 
'. j:i r;iii tat>- .i inicr.i;,f..;i,' -i:;'] 
! -irii rii;luo,>wiuotli.i' is..i:-v -.■.-.•.i: 
lis going to l)e ivvi'isilile niii'.' 
times out of III." sairf Don (' 
Kecnan. an Atlanta attorney who 
has represented numerous cli 
ents facing the death penalty 

Millard C". Farmer, another 
veteran death-penalty defense 
lawyer, agreed that the prosecu- 
tion's apparent violation was 
good for Hammond. Hammond 
ought to get reversed on that ' 

"There are certain words 
prosecutors should never use in 
closing arguments — parole is 
one." said William Hill, deputy 
state allontey general, who until 
1988 was chiefly responsible for 
ri-presentinK the stale in de.ilh 
r.-iiallyai)i>e;.l'. 

Lead defense atlorney Wil- 
liam A. Wehunl said Superior 
Court Judge Ralph H. Hicks erred 



Emmanuel Hammond 

Senlf-nccd lo doalh 

III deiiynm a defense iiuituiii for a 
niislrial alter Mr. Ilawtliiiiiie's 

"I ll;iak we've cul pirillv .i| I •■- 
<oi:rse llicie. " he said -fliaf.-^ 
whv I don t think that the death 
penallv will be upheld " 

In .1 limi ruling. Ih<' slate Su- 
preme Court alViriiied that the 
purpose of the statute was "lo 
prevent prosecutors from argu- 
ing, in essence, that the juiy 
should give a more severe sen- 
tence to compensate for possible 
pardon, parole or other clemency. 
Upon objection ... a mistrial is 
mandatory." 

All death cases in Georgia are 
automatically appealed to the 
state Supreme Court, but Mr. We- 
hunt said he may ask Judge Hicks 
for a new trial on the sentencing 
ph.,v, ,.!' liainii,..ii<i's c.<-e l)e- 
cause of Mr. llawlhorne's re- 
marks. The defense lias 30 ddys lo 
file post-trial motions. 



llaiiiiiioiKl remains in solitary 
confinement in the Kulton County 
Jail 

The judge declined comment 
Tuesday because the ca.se is un 
der appeal 

Mr Hawthorne referred ques 
lions to District Attorney l^wis R 
Slaton who said his assistant's 
mention of parole for Hammond 
was a 'harmless error." 

"I think Judge Hicks probably 
cured it " Mr Slaton said. "He 
told the jury to ignore it" 

Mr Keenan disagreed strong 
ly "There's no way to cure it 
That's why the statute says a mis- 
trial shall be granted " 

Mr Slaton. in the courtroom 
for closing arguments in the scn- 
leneing |)liase Kriday. said he im- 
medialely recognized that Mr 




lUiwtl, 



ui : 



old pi-.-.v-,.,! l.Vi"s i'i- "■■■■'- 
death penalty case. 

Mr Karnier attributed Mr. 
Hawthorne's remarks to the over- 
/.ealousness of a district atlor 
ncy's office that hadn't won a 
death sentence since 1984. 

"The prosecutor has the duty 
lo be more reserved than that, 
and he was on a political hunt, " 
he said "It was like he was going 
for the slam dunk '' 

Miss Love was abducted from 
a Buckhead street July U, 1988. 
She was raped, bound with wire 
coal hangers and nearly strangled 
before she was shot once in the 
h.-ad !•-■- b--d> W2.> found in .--.u 
^ust I-?'"-' Ill ir.!sh-s"ifr.' n v,,..,.j^ 
in northwest .Mlanta. 

Staff writer David Beasley 
contributed to this article. 



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from Fisher-Price! 




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FRI, APRIL 20, 1990, 



briefs 



house iniures five 

si Park food warehouse 
wilh minor injuries^ 
sh Express. 118 Forest 
lid Carmelila Kerrone. 
5 chief They were treat- 

lling debris and a fifth, 
:eiling, fell when it col- 
; sus(>ect the worker's 
a batlalion chief forllie 



• liovv l.ilkd a 
:it in his iK-d so 

I. USSArkwright Place, 
into his home Tues- 
. isl'bing him. said 
Inc Atlonls Homicide 
fe awoke to find the man 
it was not injured. Ser- 

ked the house. Sergeant 
IcClure said Mr McDan- 
jbber as a former board- 
ave issued >' "arrant for 
Ihc serge , i d. 

j.ltOSllO 

otntilic lignti on March 

pear In court today, paid 

irsday for commenU 

14 restaurant tab 

iiad cars Thursday while 
a$M rr-sUuranl bill, of- 

»er w !i5 e.Tested shortly 
~Ii!,vton r unty pursued 
CU>-iori police LL Doug- 

Iblock stopped thetnick. 
quad car near Interstate 
I squad car before stop- 
I rear ofthe truck aner It 



ping at Douglas JaU 

Ut County SherifTs De- 
Iw a federal grand jury 
■ey-clieni conversations 

|Uon Into jail activities 
I Douglas County Sheriff 
iPPingon privileged con- 
•nti 

Phil Miller. 'We lell that 
W security listening de- 
•qulpment We listen to 
• II »n es<i.pc risk or if 

Li»" .' .sabald- 
wconve j,j ,s •• 

iPtiliiMNil complex 

•j^n* for a blonde tod 
pi •pwtinenu fear may 

"^••In.blueToyoU 



Bmnswick a 10' among small cities 



ByBobH<rr«ll 

StaW wnief 

Ixwkirij; for a quality lifestyle 
in a small Georgia town' Bruns- 
wick ma.v be your best bet. accord 
ing to a ne*» ranking 

Brunswick, on the coast 100 
miles south of Savannah, is 
ranked No 10 in 219 'micropoli 
tan" areas whose populations 
range fhm 15.000 to 50,000 in the 
United St. us 

The No. 1 small communiti' is 
San Luis' Obispo-Atascadcro. 
CnliC. -coHln..' ta T.'i." Hritii.-' 
■ ;■ : . ■ ■■^' is ^■■i-'', 

1-. . Y. It is one of 

m: 5 that have ap- 

peared 1-4 n-cent years rating 



places to live 

"A lot of people are looking at 
Brunswick and the Golden Isles." 
said City Councilman Ken Tolli- 
son. a 39-yeBr-old nutive "This Is 
a laid-back community where I 
can be on the golf course in three 
minutes, the beach in Tive min- 
utes and duck hunting in 20 
minutes." 

The town and island area sup- 
ports a $472 million annual tour- 
ist busiiir?';, wilh 5.385 nwlol 
rooms. 

Brunswick was tied with Ab- 
.•ni-.-^. V.-ish., r.r No KL 



con: ■ 
and'- 
ofTici.ils 



Gainesville Mayor Robert 
Hamricksaidhlstown— No 1.5 — 
was high on the list because of 
medical cait! and recreation 

No personal surveys were 
made ofthe cities ranked in the 
book, according to Lorraine 
Branski, director of Prometheus's 
advertising and promotion divi- 
sion. "The human element was 
not involved In judging the cities 
It was all done by readinf lPH-0 
census ddSa and other ;, 'v<.i;i 
ment figuivs dated as laic as 
IJW." she said. 




WA BrMgea Jr,/StaM 
Portar apologizes tor his role in the igesabdudKin, rape, beating and murder o(>i^U>« 

Second defendant in Love murder case 
sentenced to two consecutive life terms 



Byl 

StBflwrner 

The second man accused In 
the shotgun slaying of Julie Love 
was sentenced Thursday to two 
consecutive life terms for his 
role in the murder, rape and 
armed robbery ofthe 27-year-old 
children's gymnastics teacher. 

William Maurice Porter, 20, 
escaped s possible death sen- 
tence by pleading guilty in No- 
vember and testifying that his 24- 
year-old cousin, Emmanuel F. 
Hammond, was the mastermind 
behind the abduction of Miss 
Love from Howell Mill Road in 
northwest Atlanta. 

The virtim was ^^■^len 
robbed, ,,iptd and killed after 



her car ran out of gas on Dover 
Road on July II. 198a 

Porter admitted that he 
raped Miss Love, but identified 
Hammond as the killer who 
marched his diminutive victim 
into a wooded dumping ground 
off Grove Park Place and killed 
her with a shotgun blast 

The sentence handed Porter 
by Fulton Superior Court Judge 
Ralph H Hicks will keep the de- 
fendant behind t>ars for at least 
20 years, according to Silas 
Moore, a spokesman for the state 
Board of Pardons and Paroles. 

A jury condemned Hammond 
to die in Georgia's electric chair 
on March 9 at the conclusion of 
Ms I'-day trial. I'e has N'cn 
transierred lo Death Row at the 



Georgia Diagnostic and ClassiH- 
cation Onter in Jackson. 

Before sentencing. Porter's 
mother. Annie Porter of Union 
City, made a tear{\il plea for a 
single life sentence instead of 
two consecutive life terms 

"I just want everybody to 
know that he wouldn't hurt any- 
body." Mrs. Porter told Judge 
Hicks. "William has always been 
at home. He was one of my spe- 
cial kids at home. He was more 
like the babysitter. Ifthegart>age 
had to be taken out, I didn't have 
to ask" 

Members of Miss Love's fam- 
ily attended the sentencing. Por- 
ter said IVom the witness stand 
lai he was "soro '^at it ev^r 
happened." 



GeoTE^a's most livable 
micropolitan areas 

National ranking In ( ) 



• 0^i«»ylli (IS) 
• (18) 

|\CafTott<m (117) 




FBIcaUedtn 
over court's 
missing cash 



By Stove H>fvey 

Staflwttia 



'l-.i 



wi. o •,..■; u,-di. .ji^^a.v.r.- 
ofanundisclosedamountofmon- 
ey collected from flne&and bond 
forfeitures in East Point's Munic- 
ipal Court. 

"An investigation is ongoing 
and we hope to resolve it very 
soon." said City Manager Joseph 
Johnson, who added that city ofH- 
clals met with FBI agents Thurs- 
day aflemoon about the missing 
l\inds 

Mr. Johnson said the city 
plans to hire an auditor to exam- 
ine court records, but he refused 
lo elaborate on the extent of the 
audit or say how much money was 
missing. 

However, the pivbc apparizil- 
ly was prompted by a menvo that 
Municipal Court Judge George L 
Barron sent to Mr. Johnson on 
Wednesday. In it, Judge Barron 
said an envelope containing $828 
In court fines collected Feb. 11 
was never deposited into the 
city's bank account 

Judge Barron recommended 
in the memo that a criminal in- 
vestigation be conducted He 
would not comment on the memo 
Thursday. 

One City Hall official close to 
the investigation said the probe 
will likely center on court fines 
and bond forfeitures collected af- 
ter business hours that are kept 
overnight in the police depart- 
ment The l\inds are recorded by 
court officials the next day and 
deposited in the city's general 
fUnd bank account 



DeKalb cop, wife accused of stealing from other cops 



'©^ 



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€j 



>^ James R. Caldwell 



•Jlc V' 



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1. Durcanin, Cynthia. Girl, 12, Found Strangled at Family's... Atlanta 

Constitution . Aug 17, 1988; sec E, pi, col 1. 

2. — . Slain Marietta Girl Was Sexually Assaulted... Atlanta Constitution . Aug 

18, 1988; sec B, p 1, col 1. 

3. — . Doctors Expect 'Full Recovery' for Stabbed Marietta Boy.. . Atlanta 

Constitution . Aug 19, 1988; sec A, p 18, col 1. 

4. — . Stabbed Marietta Boy Utters Sketchy Clues. .. Atlanta Constitution . Aug 

20, 1988; sec D, pi, coll. 

5. — . Slain Girls' Father Has Vanished... Atlanta Constitution . Aug 22, 1988; 

sec A, pi, col 2. 

6. — . Conflicting Reports Received On Slain Girl's Missing Father. .. Atlanta 

Constitution . Aug 23, 1988; sec B, pi, col 3. 

7. — . Father held In Stabbing of His Son.. . Atlanta Constitution . Aug 24, 1988; 

sec A, pi, col 1. 

8. — . Mrs. Caldwell Gives Thanks for Support.. . Atlanta Constitution . Aug 28, 

1988;secA, pl2, col3. 

9. — . Mood Swing, Falling Grades Puzzled Family of Slain Girl... Atlanta 

Constitution . Aug 28, 1988; sec A, pi, col 1. 

10. — . Marietta Stabbing Victim Leaves Hospital.. . Atlanta Constitution . Aug 
30, 1988; sec B, p2, col 1. 

11. — . Marietta Boy Awoke to Stabbing, Court Told. .. Atlanta Constitution . Sep 
7, 1988; sec C, pi, col 2. 

12. Walston, Charles. Father to Face Murder Count in Girl's Death. .. Atlanta 
Constitution . Nov 24, 1988; sec B, pi, col 5. 

13. — . Cobb Grand jury May Get Case Today... Atlanta Constitution . Dec 7, 
1988; sec C,p 11, coll. 

14. — . DA to Seek Death Penalty For Caldwell.. . Atlanta Constitution . Dec 8, 
1988; sec B, pi, col 1. 

15. DA in Caldwell Cases Files Notice on Death Penalty... Atlanta Constitution . 
Dec 15, 1988; sec B, p8, col 3. 

16. Caldwell Pleads Innocent in Death of Daughter, 12.. . Atlanta Tournal . Jan 
14, 1989, sec C,p2, col 4. 

17. Judge in Caldwell Trial Threatens Gag Order... Atlanta Tournal . Jan 28, 
1989, sec C, p2, col 5. 

18. Zimmerman, Linda C. Remaining Defense Motions in Caldwell 
Murder... Atlanta Constitution . Feb 2, 1989; sec XG, p 4, col 1. 

19. Witness: DNA Test Link Father to Site of Slaying.- Atlanta Constitution . 



<^v 



May 9, 1989; sec B, p2, col 2. 

20. Walston, Charles. Witness: No Written Guidelines Used in DNA 
Tests. .. Atlanta Constitution . May 10, 1989; sec C, p 1, col 5. 

21. — . Prosecutors Finish DNA Arguments. .. Atlanta Constitution . May 11, 
1989; sec B, p2, col 6. 

22. Morris, Eugene. DNA Samples in Caldwell Cases Not Identical. .. Atlanta 
Constitution . May 12, 1989; sec E, p2, col 3. 

23. Curriden, Mark. DNA Test Botched in Cobb Case.. . Atlanta Constitution . 
Oct 31, 1989; sec D, p2, col 2. 

24. — . DNA Evidence Faces Challenge with Cobb Case.. . Atlanta Constitution . 
Mar 15, 1990; sec C, p 5, col 5. 

25. — . Defense Says Move Child-Murder Trial. .. Atlanta Constitution . Oct 2, 
1990; sec C, p2, col 3. 

26. — . Jury Selection in Caldwell Murder Trial a Tortuous Affair.. .. Atlanta 
Constitution . Oct 18, 1990; sec XG, pi, col 2. 

27. — . Caldwell Jury to Come from Outside Cobb.. . Atlanta Journal . Oct 20, 
1990; sec C, p5, col 3. 

28. — . Trial to hinge on Experts' DNA Testimony.. . Atlanta Journal . Jan 21, 
1991; sec D, pi, col 3. 

29. Son Testifies He Heard Dad Before Attack.. . Atlanta Constitution . Jan 29, 
1991; sec D, pi, col 5. 

30. Curriden Mark. Rape-Mirder Linked to Porn. .. Atlanta Constitution . Jan 
30, 1991; sec B, pi, col 3. 

31. — . Cladwell Case Fraught with Rivalry, Delays. .. Atlanta Constitution . Jan 
31, 1991; sec XG, pi, col 5. 

32. — . Boy Struggles with Emotional Scars.. . Atlanta Constitution . Jan 31, 
1991; sec D, pi, col 1. 

33. — . Lawyer Harvey's Illness Postpones Murder Trial. .. Atlanta Constitution . 
Feb3, 1991; sec E,p4, coll. 

34. — . DNA Key in Landmark Conviction... Atlanta Journal . Feb 10, 1991; sec 
C, pi, col 5. 

35. — . Caldwell Gets Life in Murder... Atlanta Constitution . Feb 11, 1991; sec D, 
pi, col 5. 

36. — . Did Jury Compromise in Caldwell Case?.. . Atlanta Constitution . Feb 14, 
1991; sec XG, pi, coll. 



Metro&State 



More mclro stale news. Page 110 



TIIK ATLANTA (XmSTITtlTKIN 



y;FtiMI'.(j/.* AllMIM I/. I'XtH 



Girl, 12, Found Strangled at Family's Marietta Apartment 

BioiIk-i. 10. Ill Ciitical Coiuliiioii VN'iili Main stal) Woiiiids ;;-|';i::'t:fi::';';:!:i;ri!^^ ajht'^i'ivx,;";,:'::;';;; Ilr'z:':^'':^.:^::::^'! 



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... .. Ml.c.h .....I M.inrll.. r..l.r.- al.....' allftr I...... »h.-.. II..- .. 

,. (li.,l(l.j,l.^S............ ,-.,rrr,il II..- a|.;.<1....'..l !■ 

"■".'V H .\llti....i:l. ...■-.. U .-..-.) d.-l.-.l.>.- "" ...<l.f-.l'"" •.">II.."K "-.- 

",'•'.., ... Ill,- rt.-...-..r....-..l »..rli.-il lal II. I'.."' ""■ J|...'l...ri.l. I...I I'-' 

"•■"'"' M„- ...tl.l .... ,av |...l.,.- M.tl v.-ldrl.l..."..-il-.hrll..-rll.,-,. 



.-rt vr.ln ...I.. II..- 



;;-„;, ii„-Ma,.w 

:il.irirll -VVr'rr .-il RrdUiKl . 

,il.l...ll. I aplaiii T.I.I Mii.-M.-v 



Ki.li.-rl I ..I.Ui-M Hi. .Il 

.,, ,1 I - Il..-r "1... «..-. ,-j.ll,-,l i„ i|„- ^,,.„,. 

A, - . I (. I I .. Itl..(.rty I.'.... .v..il< ( ,.j.I..... |[ii.l«u-y ^.,,,1 II .....I.I I..- s...t..-l.'Kly . 

,„ „{ t.-,: - I -vlh.ll..- Ml r.ilil...-IK I.... k n..% r.,|..-.l ..II ......|.l.-< -^j..! J..I1.. II.....I 

h llu. ..!(-. 111.- %.v I.. i-ic.l.M...ur .!■. ;• r i.i- |wrl of 111.- m..-..-il ii.l.. M..- r.....| ' 

null lli;.l li.ll..v.i-<l tin- all;..-k. Il.i- iiiv.-M.n.l - 1 .1,... I ll.i..t rK.I..»lv r»|.rrli-d ll.i 

i"iii i"^> ■• p'-'i 'I'-- ''I'""'- 1'" ii.-..d,-..K ;.. 11,.- iioii.,.,. ii.ii, '■;.';■;';'';;;: jJ.';;";i;l!l,',','rr.r™y'J"'. ' 

"II ?(-.ii.-v mr II r»-.illy «l«.^^. 
.Id Ciirolvn M.1.111. mi.llliT nt i 



l.jr.'nK b*-!-.!.. I.. Ulk nlxi.tl Itirir 
■ iWr.-n 
.-Ii.kIv ... Ill'* 
. II.....I »l... 




Forget the Gun, 
Grab a Tire Tool 



HobI 
sily of I 



. lln- 



;>hrcy of llic Uniycr- 
e IS one of I he lop 
«ll ninnin^ barbs in 



*lh.-(;rl 



^t 1..- 



who's 



loolrd 

Hobby Humphrey v>ji in j>o.iU' 
lort oflaU' nighl bUlio in Tusraloo 
u ind fell It odds with unulher 
Krntlemiin. who sellfed Ihe argii- 
menl by lnk.ng n liri- l..ul und 
breikinc Mr Humphrey's ja« w.lh 



it 



Kav. 



Ihe d.! 



•peemenl W3\ about, bul I do kn- 
Ihal one of the qu.rkest way> to M 
tie an arKun.<<nt is to break Ihe ol 
"luy'i |a» «ilh a lire lool Nol i 
<»•>"■/ Pe«P »ill be heard from hiii 
any furlh.-r. ho 



Before 
ever. 11 



• Ihe 
nhod.i II 



'"■"iialtf l,;for llulicap, 

» lire I...1I .^ ll,.,l lh.,iB ... y„„r 
^.Irunk you use wh.-n ,„„ ^j^,, ,„ 

h.™ "•<'<■ out of Steel and jou pry 
r hubcaps off w.lh .1 
iNol lore arn-r Ihe horseless ear- 
c eime upon the : 

led Ihe lire lool and it 

inilant h.t as somrlhing 

Id do c 




urking pit 
•"•■Clerid'.'"" * "round wilh my 

njHr* ^i'""" ""'1 M»-ak U„ 

•'">» tire lo.,i and 

. befon- A. 




."K'xinllu-tu, 
'"*• 'Wber told n..- ... 




158 Held 
III Protest 
At Clinic 



Ailti-;il)()ril(Hiisls S\v;tin|> 
Makcsinlt Police l.iiu- 



Abotliiia ii|(|>uni-iJls |lll^^l^d 
their wjy pail polite Turidwy ul » 
Midtown atwrlion rlniii- m I^ uc- 
livisls wcft' arrrslcd in Iht* fjr^rsl 
protest in four weeks of 



I'olite n-erui(s lock arms (o keep aborCion proleslrrs iiway from 
Ihe A(lanl;i .SurKiOnler at 1113 Spring St. Tuesday. The prole •>(, 



IStl arreslb. was Ihe UrKesl at the Midlown 
ks of riemonstrallons. 



Legislative Races Promise Few New Faces at Capitol 



By David K.SrcrrsI 

V,.ff »..»,. 

Drspile llie dcfeal of fur in 
cunibenls in Usl week's pniii<ir>. 
about Ihree quarters of Ihe slate's 
legislatofN are safe for another two 
year.%, even though Ihe i;eiirral 
elertion is slill nearly three 
nioiiMis awjy 

The lecislalne turnover ruuld 
b*' Die -.muIU-jI m yeati The 57 
lluus«- and Senjie nieinh«T\ beini; 
vhalleiiged iit (lir Nov 8 ift-rier^l 
elerhun re|in*seiil just 24 p«'rri'nt 



■ PSC raiMttddW Hobby How 
fr(s ronlnbuhons from ulililics' . 
fornry^ Page 4f 



bunives Ihe runuO. he will beioine 
one of only 39 House members and 
18 senators with upiwsition Nov 6 



this 



week, will be 
■ Mr Worknij 



fa\itred lo reluri 






(hily one incumbent 
III Aug 30 runofT ballolinc fur sev- 
en l.p.ilarive races - Iwo Vnale 
ract-N. one in rarh |>arty. and fi^e 
IVniocTaltr ninti-bt^ in Ihe IIoum* 
If Hrv Ken Workman lIMIeeaturl 



bert K Hjker in UeKalb Cuunly's 
Slsl IHslrul 

■ Cynthia MeKiniicy. daughter 
of stale Meii Killy UcKinney. 
againsi uintni leader Herb Mabry 
III Kulton Cuuiily s Dislrui 40 

• Doug Teper against Holly 



RUNOFF Co< 



n4C 



Singing "(Jod Hless America." 
(he protesters overwhelmed a 
ntdkrshid polirr line ut Ihe Allania 
Surgi<"entcr a( 1113 Spring St and 
altcmplt-d (o block Ihe enlrancrs. 

I'ushing and shoving ensued as 
officers shifted posilions In the 
slrret and on the sidewalks lo keep 
demonslralors as far as possible 
fnmi Ihe cliiiif 

S^'teral prnlrsters biearhing po- 
lice lines were quickly arrested and 
forced 111 he face down on the pa\e- 
meiil. their hands ruffed behind 
Iheni I'olice also arrested se\eral 
who appi-ared to be dir^'cling the 
deiiionitrjlors 

Seven prMtcv(tT\ were charged 
with relonicv as^Jullll1g a pohcr 
odicer or obsltuclion ol a police of- 



•orrectu 



Uic 



Bales, for Ihe IleKalb County Dis 
Irui 46 seat being vacated by Hep 
Calhey W Steinberg lo run for Ihe 
I'ublic Service Commission 

■ Call Kuekner and Doug 
Warner for District 7?. I'osl 4 in 
Clayton County to replace Kudolph 
Johnson, who is nol niiniing again 

■ John Jaye Kllington and Fish- 
er Harfool in Dislnct 120 lo re 
place Mary Ida I'hillips. who decid 
ed nol to run ag.iiii 

In Ihe Senate. Ihr Hepublican 



ing iH-ing part) to a crime, obstruct- 
ing the road and sidewalks, and giv- 
ing false nani*-s. he said 

With busloads of police and cor- 



. off I CI 



'ing I 



authori- 
ties formed a restraining lin^ Ihal 
e\teiid(*d into the street About 70 
ofTicers were at Ihe scenr 

IVolcitcrs sat where Ihry werr 
able, iiwludiiiglhe middle of Spring 
Street. )ust in front of Ihe police 

ABOIITION Cont>niiMJ on 4C 



Way Cleared 
For Runoff ill 




Eaves Closer to Serving 
Time Witli Denial of Bond 



"'►♦'J'^i'.^'".*''" ' 



t 


oil 


Kpslfin 






Ti 


keep hiN fr^-etiiiw 


duriiic ap- 
jnt .n:js( be 




1 -■ 


>^.- hM d. 


lU-* 


t.tu 
«jl.l 


jt>l.-l 


. .I«.« h.- ... r,,.: 1 


n -l> lo lU-c. 
eemmunily 






!»■! \ 


;--R' 


jnJ.j.sesmhi.Jl, 


a sulBUn 
.-< likely la 
















. d«-e for a 



iM(ll>Kk«'d Matt- 1*1 



I Judf:i- IVniida K\ 



^u- ";"";;. 

"-■v;',"" ;■'',', 

'^ ...,1 >"■■■"' 



'iiK'l i oiH's Tax Itrraks l<» l-iin' l{iisiiM's.s<'s to liurjil (i<'(H7j;ia 




'■■ I " "."■. I iM^ IN. H.- 

.,■ iJ.u,. .„ lU^I.Ml l.'l 

iiw. -..b,wr„(„i,br icv ,, T' '■■"^", "■'""'■'""""■ ""'*■ 

. , < i„„i, n..v »„rt ,..; ';'":\ '■"'' '" ""■ ' •■«'^'"' ■■•■ '•■'. 

Iilil lil.iiliN ...tiM |.i,l ii|> llrr.i 

" -<- ..^ ".n ,r M, 1...1,, 

«|.|^ Ih,- tlis(ri,l Til i,iii,ifr. if Ms 
IH.Iviiiiiiy ljk.-« III.- iiin..ir»>id c.'ii 

'•"' •'■■ • ' >■.•! ■>'> .ml i( 



<l A.iir I liV llirLiniri., |,„, 



•ifK -Iw, ■h<,w,r<l' ||i:,l -.he tiiK 
'iMrfi rrlmnllll<'^^ of hanks us 



COTTON 
BATH SALE 

SAVE 30%-45% 







LUXURY rO0% CO.N 




Abortion 



losi of U)i- demonstrators. Ii-d 
(XTitiofi Kescuc U-adiT Han 
A Tirry. board(>d a MAKTA 
I a( Ihr Chambiro vljilion atid 
to Ihf Midtown stop OLhon 
ilf<1 thr (ram at &la(ion^ aloni; 
*>»y. arrording.lo Sg! Carl S 
lum Jr. who monilored Ihc 
p from a ttrlicopirr 

od in from 



• ofTir. r 



p.>I.f 



K40 j 



I) find : 



npta. 



,...ni of Itiosr 

ard - inrludinfti. half doicn 
■ndoutofs,.,, ,.^, 
a(»d buwi 

rh- d..m.mUra.or^ „.anv of 
had Inrkvd armv wcrr 
>o pass 
ifveral 



■^ lo alio, „..,, 
Ufh Ih.rr line 



«^K'.r"K:^,p^n 



nwi. 

»**n, . 
■p»opl 
M." V 

•'<**-mons|,j„,^ 

V'"™" I.. 

•*^ u Ih ' , "■""•"'" force 



poll, 



«r p., 



i?' "'Moo.:: "'"" «"< 



made sinrc July IH arc "only Itir 
bcBinilini! ■■ A lolal of 2*4 proLsl 
ITS remain in Atlaiila awl Kuilon 
(^utinly juils, eorrcrlions ofTieiais 
said 

Then 



Itosslbilily Ihal 
we will slop Hie rescues unless 
Mayor Young would like lu make 
an eieeiilive decree closini; down 
Ihe aborlinn mills in Alluiilu. " Mr 
Terry said lie said his Rroup 
would deinonslrale a^ain Wednes 
day and probably every day for (he 
rest of the week 

<lf Ihe 1(11 men and S7 wiinien 
arrested Tuesday, about 125 ar 
rived Munday from Louisiana 
"i« .Some said Ihey had been called to 
Atlanta by their pastors, some of 
whom have bren arrested in earli 

Mr lerrj gls.. acrepl.il h 
12.000 cheek from a HulTalo. N V 
minister who said the money was 
raised from five churches in the 
Buffalo area We will be back 
with as many people and as much 
money as possible." said Ihe Rev 
Paul Schenck. pastor of the New 
Covenant Assembly of Cod Churrh 
m Ruffalo 

A preliminary hearing for 
those arrested Tuesday Is sched- 
uled for 4 pm Wednesday at the 
city s Key lload prison facility, 
said police spokeswoman Myrna 
May 

While the demonstration was 
in progress Tuesday. Atlanta Mu 
nicipal Court Judge Howard John 
son bound over 22 protesters ar 
rested at the same clinic 
Thursday 

Twelve, including s,-veral who 
had been released on bond and 
did nut appear in court were 
kound over i„ k„ii^ ,.„„,„y j^ 
perior ( ourt on rhargis of terror 
Wic Kl^ „ f.is, imprisonment, as 
, •* rriminel trespassing 
-liante. Si. of ,h„se are iccused 
^in^"""' """ «'» "»"" 'he 

K„,*"°'^' l» «T.- b..u„d over to 
'"""".""""ly Mate Court oi, 
•minat trespassinj charges 

n..d7... •"''"■ """fees who 



'■^ to be hl-.e "r '^ *"'" '^'*"* *** •*■**' 
^ V. . ■ '"■ '"'d Solieilur John 



.--..•■. -e- l..irs .ilieadv jr.- 
a-.sur.-5 ■ ..its in the IWiil !I0 lerni 
of the".'..-,-tal Assembly liecause 
they ti.c '-> iipiHisiiiiiii from the 
other :iru Hepublieiiii Sidney 
I'ops- J ■- . Jr , *ho also was uiiop 
[Kised 10 :*.. prmi^n', sue. eeds It.-p 
J ^eJi S-.p..nd Jr III NrwnanI in 
llisliul :: 

Therne ll.iuse llenuK-rals are 
Charles .'ud> " I'oax of Kalnn in 
Murra> 1 -jnly. who beat Hep Tom 
Kamse. tl<^dl3worth) in Dislnrt 
3. Karto lKb«rne Irwin of Winter 
sille. «K.;. liefealed Hep Hilly Mil- 
foidavHidAClllm District 13. Post 
2, and Hi. Holland, who defeated 
four r.r^.rr vandidales in District 
i;« l.i ■. ; =,-,• Hep Karleen Si/e 



Murder 

hnmi Pafiv IE 

t-*l fru'nd dird." said M 
i T* Jira Moon, as shr quirl 
ttd teams of invrsliRtilors 



K to Twaina. 
rrtjoyrd ptayirij 



Jr. ^h,i U,M l(n> llMlKtl (. Hull 
IVU rs III Ilislrirl 2. Hiid Air;«ii .Slur 
rod ..f CrtV... wh.i ti.Ml H Air.n 

Sh.-ir.Kl ofCiMilidK'' m ^l^<rll'1 HA 

In jj.litt(.ii l.> \hr f.njr HouM- 
mcnihirs tM'attii IhvI v.cvk. 10 olh 



mi 



niN-nl 



Mr Workman, and 12 HvpuMi.a 
arf tk-ing challrng4*d m Nmcnit> 
That Iraxrs 127 without onxisttic 
or 76 S pcrrrnl of thr 166 Houm- , 



did not .s... „,i^... „..v vv .vj. >•• 
thr priniar>- Faring opposition in 



HarlM,' doll!! and wdlchuiR "DfdH 
ni-r al thr Caldwfirs' hpartmoiit 

"She liked to coII<^t slufT like 
brac^Ieb, headbands and makeup." 
her playmate said 

Twaina said she la!.l f^aw Sarah 
Monday 

".She was romlng with her Dad 
dy f^tm fishing " 

Mosi of Ihr residents did not 
know the Iwo fhtldren by name, but 
fW-quently uw them al the apart 
mvnl ss^immlnx pool 



Recount 

tnnn Pu^c ll\ 
1 - ^Id be niH'di-d 



f.ir Ht.i 



h(.,< 



inv 



J lh.f ^-crctary of ilate as 
a he. Vr Harris said "Arunoffbc- 
t*('<-n Mr human and Mr Breed 
love will t^ held on Auk 30' 

The »nner*ill face I'atricia M 
Bro»n i CVmocral, in the Novem 
ber ger^ral election 

The t. ards derision climinalt'd 
the pos->t-tlil> of a recount by hand, 
whirh K«« officials had said would 
be olT*-rH3 to the candidates Tucs 
day, hc-r^tT. ihey said that since 
rir^jiddle had loil Ihe Aug 
uld a.sk for a 



the riRht to vote" 

KK-ctions officials roncrdrd 
^U\ I'utiM-y's r»STtpt indicated i\w 
had ri(:i>|f red. but iii>iisted it would 
b«' unpriTodentixl In allow a voter 
to cjht a ballot once tlie ikiIIs had 
cloM-d and Ihe rU'rllon had been 
ccri.fud 

■ Stale law jusi difsnt provide 
for anylhing like IhaL " Mr Harris 

Mrs Putney said late TuewJay, 
she has not decided whether to pur 
sue a legal rhallrnge to the county's 
ruling She added, however, that 
she was not satisfied " 

■ 1 think Its a dangerous prectv 
dent to set. that a foulup in paper- 



uld 



the 



9 elecbf^ 

AIlN;.*^ Mr5 ("utney will not 
be allo»H to cait her ballot retro 
actnel* It Ihe District 60 race, she 
will be purn the unusual opportu 
nily lo *^Ae in the rvnoff if she re 
regislerx ••lections ofTtcials said 

In • i^der released Tuesday. 
Mrs Ku>^ pro4c\ted elections ofTt 
iiati fl»-rij| of her right to vote la^t 
rtt'M'd 4 cupy of her 



K*en as elections officials re 
soKed one dispute, they confronted 
another Mr Hm-dlove for several 
days has questioned the propriety 
' ^ "ing election: — 



contributed to Mr Pittrr 
paign participate 



eIn-lK 



Ihe 



In a formal 



illod 



vuU- 



I'ipl. Wllh 



Mn ItitmVs l.t 
UH. I kKHtn wi-iit lo 
ily Hall tHicf aKam 



of^jier [Kintout had 



iplaint rvceive 
by elections omcials Tuesday. Hi 
ford attorney Walt M Bntt 
on thnsf officials lo remove them 
M-Ki-s from any involvement in th« 
Aut; .10 balJotinx Kobert Josep) 
and William Wayne Saion. |wt 
men.Uers of Ihe elections board 
contributed (300 arKl $400 rrspec 
t v,lv('>Mr iV|p-.it.\r»n.nav(i ar 



II my race, would you'*" Hr 

>vr askf d 

mty attonieyt aitd Mr llarrts 



Want to (mow a <w>CTPt'^ 




CANWON 

liwuilosii (iltcptton pile p<o>Ai.T stpei axrfert v4 abwil<iio/ 
mrvjVId nibb«r bfldi. •Mdt iekokKs o< d«c«at« ookm. Usy &uc 
machliM WA3h/d/v. 

tOM?. 

I' Jt24* 9 50 VW 

J'- « 34- , i6:S ::::::;::;;:;;;::;::;;■•■• £2 

»^ » ^ 25.00 ...,.,..:..' ::i> 3 

Contour »....,.,.. _ 16.00 ««i 

Unh/. Ud _.. 9 SO.Z."."l"!;Z"".'.'!.'!!i; I^ 




FAMOUS MAKER 

100% COTTON BATH SHEETS 

pdci ana ttifrs*y alUjotton terry Iwdi sheen in 4 wide s<[<xtk>n o* 

faihk>o spUd colore. M*chlnc v^^vi/d^. 



Wt HAVE WHAT YOU HiU> FOR BACK TO SCHOOLi 

•extra (ong hvtn sheets •ejctra to^s mjinreis p*di -bUvvkets 
•laundry tMgs 'mgi •closet 4cccis<xvc5 u^ much, much moic 

SAl^ ENDS SUNDAY ALXXiSTZl 



THE NATIONS 
fflUNENSPECtALTY STORE 

DULUTH 

GWINNETT MARKET FAIR 
(404) 476-9252 

*^°"'"^^'^'^^'MrV^404, 977-3410 



Metr 




nif: All ANT A ((INST I I 11 ION 



Sjniii Miii'iclla (Firl Was Sexually Assaulted, As[lo[)sy Kesults Show 

i> r s,n n/(( W(n lldif hiiintii [lliul.n: liiollui Slill I lutlilr In (.tiiniiiiiiiuiilv 



•'•'•":' ;,lei.- ■'•■' -■• ■ "•• ■■ '■•••■"■ ■ . . , :, '■■'"■■■ 

"' •■ , ,„.,| „ „..|l, I1....I..1 M.M.II.. .1 llMl. S.l I .!.■ 

""'"'l' ,.„. Mil- U-"l- I-'"' ,11.1 .1.1,1 1.1^.1 ll.il.liilM \ll.lWl.ll «lll, \ L.tin .,f .|l'l,.,l„,^ „| ,1 

. ,'„,"! „|,„l,l. ..I !•■"•''• •■•''' ll,i- l.iilt 1.1 li.i |,.iili..ll. .'..I .1 >l 1 1 .1 l.inr iidh.ll, I-., ,1.1, |„,ki„,. .,,,j,, ||„. ,„„,„„.,', 

M 'l !■■. ll." •• '■■'' "'"' ll.llltl.r.l ».l- ll.lll.l ill ^1 I" !"•■ •'!-" ""'I >l'llll |MH» "I |.„.|1M,|' l,.| ,1,1,.^ 11,1,., „\,., ,„, 

"'■",' V.,1 ..1.1 I'l ■' "•" "''•' C.li.i-.iicl; V ...I.- 1.1 M1.1..I -. 1, .,,,,1 ,1 .l.-.l , ,■ > I , ,l,„„,, 

'"' ' ■ , .t.,l.l..-.l •'• t "'•■ .li,-«.„MMi.illi .i.vi.ill.il li|.|«-il rt.ill ll„i li,lii„- „■.„ I,.,,.- llii..„K ,.„„|„„. „i.. l,.,ir„,,„,i 

t*"* . , ,|I,.L .,|.|..Miii1lt ""''• .1 f,.|ur '.ml \\V(lii.'Ml.it llt«-\ .111- lii-.'!! ilsnl 1.. M.ili ll„- l„>i pi'ii 

l" I...... 1.1.11111: :iii\ "Iiii I" ' .Viiiriliiii: I" 1 il'liiii I Mil.. !"• 




.S;ir.<li( ;iltl»i'll. 1-' ».,» :l. .1... jl>1 Tursday whrn \hr 

^^- sl...iii..l.<i "1 i..r l..,i - .;..%. I Iltint: til 4Ul>it>sv 

ivMilK ilri IM Kill 'ill! I.r :- r.R.r. ... . nlirilly ^UMinl Au- 
lliiirt(ifSi«r*.|iii|iink;lii-t.tn '.'T\li!\ h>« ...lrr\ hilti-r 



()K< PLmlor 
M! lolp 

|'n.|.:.-;il VxKil.l KsimikI 
Mnli. iiiil ILiirfils in '<)() 

BvJjnrU llin»rn 



(ri-iiiKij 1 


mt^t^Uxiv. Mil ttddilriMidl 


I.IU All> 


S iMlit-iils could III J(»r- 


ri«l llrdi 


jid aiMJlaiK-c ;il ihr Im- 


linninf! » 


I'lMl I'aht-iits ruuld tv 


trtw \*i 


..IN l>iH-% .,f (ommunily- 




M itirltidiiic al home 




laliiiii lirn ttidiUMljv. I-.- 
niiully |„illi'd J ifiMdlt I.: 
I'VliiiiliT .1111 'if Itit* hu< ' 
1,1 11 1,11 :i Ini.'b r,ir -h., 




Pulled From Plant 
111 12-Hoiir Ordeal 



'. ..urr.-d nil.i \hv tiuild 
:i«)-rtml|jll tfjnr. which 
jfound Ihr w«prrl rylin 

in -A-ts 5u«prndrd iii a 

:<^rt pool of water 

'^u*!d wjs lowered into the 

:t 10 IS a fii A learn of mv 

• nrjMd in full. briKhl 
'i^c \fi1l5. heKan Ihe 

• r fiilinc Ihe shu-Id 

!. r T.-.i.i-f jIuic^ 
- ,s. .*^MW.■ iLM.f.- 



irkvd while Iw 



Mde 



repare a crane for the removal of a enrasrd in lead and shlp(>etl (o Oak Rldf(e, 
liuclivr cylinder from a buildinK a« « Rtca- Tenn . where It will be (riled (o drirrminr 11 
slenliutlon firm. The cylinder was laler U has been IfiklniE cesium. 



Mtl wide. tt|«.t||hit-k "n 
liil.drrMiHihcnHtrofHvt 
a 6riHi||;itl liihiiljr . ..i 



ei|chl hiiur\ adrr lliey 
an -<>rk Ihe r>liiidi-r was mtuiv 
i trj'i- upi'ralor Hobby Kelnt-r 
Ljn (.- |.ull Ihe Nhield and lU le 
il f 'ft-:-L« oul of Ihe buildinf; 

*A*- . 411 1 jfTord «iiy nii%UiVi-%. 
d Ji > N ImT. incrsei'iiii; Ihe pru 
t r.r ir." vlj|e\ Kiivitoitniiiiljl 
't•^li■ 'I hiviMiiii "Oiici' wr bniijc 
^ ■ lit ■/ Ihe water. we*r«- ileatmic 
h J (■((■III tally \t-ry ha/jrd<iu> 

rs . m1 t.Mlljiiitr wj\ winrh.-d 

jT - "'.- huildiiii; vikI placed in 

■• •ithiti: Ml Iht- twrhini; lol 

■■ . . ; Th,nlhe»rjiM-li.ti>l.d 

. -■■ t-j. hMc.. uiiichiMf: ^.ruu 

y-..U ^f.uiil il muvmII> buill 
• «: r ir.e run lu 0.ik llidice 
Tr. :>jk III tISI ha> cunlmued 

CLLANUP C0«t'rtt.etl on 4B 



DHR Requests Budget of $1.1 Billion, an Increase of 26 Percent 



The 



liber of 3 



rl> di< 



Gcorjij 

KTOwing. V.I 

lu help 



lurbfd >ounf:>ter\ 

reached 02.O(X) and 

there ate too few i 

ihrm. and hundreds of ihildi 

who need residential rare ffOMin 

oil a waitnic likt 

Hy I9V7. lomr 32 SOU pH^nEiarit 



niraeled AIDS I'l 
unpreparrij to di 
eniir. Ihe ilsW \ pi 
■rtor has warned 
<CT of abused and i 



'led children in (ieoricia keeps 
*ini:, but there are too lew ser 
-> lu help iheni and not enough 
ret for thildren to (to when they 
I return honie 



htale ulliciaK sa>. iU-orvia > vvil 

vompouiided by one of Ihe n** n » 
hiichesi rates of (voph- 1« inc c« o« 
the poverty line Wedne>d*i ne 
^lale B*«ard of Human Kev^.-»e» 
took an annual step toward nM-i>'t|: 
*oine of those lu-eds wilh fi-oijl 
appmal of neil >ear*$ budtr- re 



I: r. £u«ernor and Iricolalure 
sfpti^t Ihe rrquesi as subnniicd. 
• hiv^i i! hi||<hly unlik«-ly, Ihe second 
b>t;»e;l t^diECt in slate Kiwcrnment 
£6 pen-rnl to Si I bil 



t>f ihai 



.•uM I 



•UOCCT Coniinwad on «■ 



^iiiifi; IM\,j^.s to Help 
^ fee AtMu'iioii Protesters 




I 



Man of Miun Xiunes, Escapes 
(lau^lit .\{\c] V\\\[ou Iaill)r(';ik 



c 



I 



L 



D(U'l()rs K\|K'('l i\ill Kccovc 1} ' lor SIjiIjIhuI MarM^Ua Boy 

^.h .,„„ .- " "•■ ■• ■ • ■•■ ■. : '•....■. 



M«v rlinciiii; In Itic ;int-i ;t 1 
MiiNiKijt TiirMl.K ■< sdir III*! . 
itmii^r hut •% <-\|>i. r.-i( l.> M 

Hlltl.Mlt |>.I(»i<».'lll l<l. I.'i 

IrrHti-ri hini 



li.'lp l.< III.- |..<l lit 



WmilM. Ilriiiv. iliMirllmc I'.iilii 
fran Ihal Hni l alilui'll ntichl li.ii 
^uirrrrd tiriiMi iljiniap- 

Tho rhild »li,i Miitiviil In 
«•► uoiind. anil a inrio M.iu I 
Ihr head, ua* Irll for dead riirvday I'ltlirr iiii\iim-\vfiillv aHfiiilili'il '^^[\. h,.',',',",'J„",.,'i"|'iv 



III I 



Ihiiil.' Ill llriiiv Niiiil III II iir«' 
I i.iir. 1,111 r al Ki'iliirsliiiii' IIomuMI 
Ill-Id al llii' ti-iiiK'.l I.I K.iv .mil llnh 






-iiilii.rs <..ljliliOii.|l a Iriiv 
Mil- (alduilK III liilii |i 

i.ih X niiii lal i'>|i|.|iM.v I 

III.- ( ..M-M-IU ili'M iilii il Ihi-ir nil ^ A. . iirdiiii; I., h 

lirv allollMlrlv M.iik.. iil liiiii iillii ijiv a Uinl lias lirrii 

ii-V Ml •liirh lli> 11' 1,1 luninMliiirali' uilli llir lim ^", uu " m |..iM and inriinl IriKi- 11..; la liOi.d al Mil- 1-irsl Uiii 

Vrar old tiMri. Sarah. » as <riiuallv U'lHlni-sdat llv i» hraiilv M-dal.-d i.ii.l.. Ihint «aM.i |ilav Niii|a, said ll.ni..ll Sm-i I in Mamllj 

ftuaulird and slrancird III Ihr fain and Mhrii In* isahrs hi- is n.nnisrH. Ihr shiill Ifarlliri. imsi-s lln- ins l.illirr, a hi.- salrsiiiaii Mis hiim.ral s^rvi. i-% fur rh.- M, 

ily s MarifllB aiiartiiinil llr 11,-nn said ......li -1 lUii-al In Ihi- 1 K l.i.i s II. isi . ii r.,sl..iii|. was a Niiija la .Imiiiii llii:h Srhiiiil 

Thr fa.i- n.iu hiiiiti-s iin Ihi- n. ,\s»ii.snll Manilla I'lihri- -.-ailh llr H.-niv said lli- l.,.d -ii, li a In-. fill sii.,: In- Ifil.l Hirfav 





Pulling the Icing 



OnaWoHiofArt f^ 

Bill Van llsLr usri • chain kao to f 
cartr a ri(urr oul of a JZS-pound I 
blixk of Irr al <;orrr lir and I.P t.ti, 1 
«ii Rufo,d HlKh.as la l>or>vlllr SI. 
Jfari alio hr rarvnj Icf (ktlKhk lo 
Mod bla urn u> rollrgr Now hr 6oti 
II full llmi-. ukiin up lo an hour lo 
11^ hour, lo complrlT a pifrr. which 
laata from fivr to ill houn dltptayrd 
al room Umpfralurt Hit looU (righll 
•Iw Inrludr a hand saw and chUrU 





iiirenient Stalls East Point Shelter's Grant 







dilllrulljr vbUinini; Ihr sU(r tT*nl. 
ruinpli-tinx iht* n'^Min and fropcii 
IMC (hr >hrllfr ui)lr^> Iht- K»«4-tii 



ml foninic fut rhurrh um- 
M-i-l rity (uninK frquin* 
rhurrh niu\( uppiy foi 



Third Deiesiclant 



ill iiiRigias biaying 



HvlhailrsWalsl. 

s,,.„n.„., 
- Ihinl I final ill- 



li-iidai 



iirdri 



111! 



llnaKlas Ciiunly Kmn,. 
roiivu'lrd Thu'sdaiy jrid 
I.I hr,- to pTiMM). but Mil 
Ih,- l&>rjr old vuhmsiii 
no! salisru-d iiiid will Ttli 
against the st-ilr 

A jury of eight nu-i 
woiiirn di'librrftli-d for tin hour u 
10 miiiutos bi-furi- firiditiK Molis. 
l.cnn Kanirsl. 17. kuiIIv in Ih. 
slTftnghnF! di-alh of Thcrrsd Sim 



. ;iiid fiiiir 



tlMFI 



••d >ubbin,; Ini 



•.Vcwdj-fii.l.M 

the hrnch and i 

iy as Douglas County Sujht 
rt JudKf Kobort J Nnldnd m 
t-d her to a mondutory (crni 



life I 



"I didn't kill h«-r. Mm 



Two 



Trr 



Krlcht-r. 16. and HoU-rt 
'aui Mflntjrr. 17. havi- born ron 
ictrd m Ihr niurdiT. whirh lh<- 
ifos.TUlion alh'ttrd wa^ pafhally 
itolnuUd by devil worship Helrher 
eKllAed hI Ihe Iriuls v( Mrlntyre 
md t-jimrsl that he was the Irader 
•r a Kutanir rull and that Mrlnlyn- 
.ax one of his ri<tlimer, Kelrher 



Mr 



both 



Mdole; 



nl& ^-^^ tbi 



s itiid Karnott had 
hoini' fur Iroubled 
fk bfforx- 



urderx-d Jai 



17 Tlu-> werv (laying al thtf hoiiio 
or Helrhcr's Krandmolher al (hr 
time of the jiayini: 

The trial bexari Monday aRiT 
noon and the slatr a'slcd ils case 
Thursday morning Uefrnse altor- 
nry James Dollar railed no witness 



wito h.id sdl pd^«i%ely 
hniiichniil the trial, b^-gan lo rry 
d.iy when Assistant Ilistnrt 
.Mtiiniey i).ivid McDade threw Ihr 
uiiiiii's sweatshirt on tlir l.<ble in 
rroiil (if her diirinK his rlnsinf; aqOi- 

Mr Hollar arrused Mr MrDade 
of "misconduct" bul d>d not move 
for a mislrial laater. howe%rr. hr 
said the prosecutor's tactics could 
br the basis for an appral 

"Mr MfDadr is very aggrrs 
si\r." said Mr OoMar I feel that 
he hdndU-d the C3^.■ in 4 monnrr 
Ihal I wutild iiol ha^r It w.s nol 

llaifid Sunmints. the father of 
the virliin. said he plans lo file a 
lawsuit against thr stair berausr 
Miss Simmons was placed in Ihe 
group home agamsl his wishes afler 
her slepfather was ronvicted of mo- 
Mr Simmons said he had Hied 
fur banliruptry aller spending all of 
his usseU trying lo gam custody of 
his daughter He was judged lo br 
unfit as a pan'nt l>rcausr hr had 
spanked her for xniohing, he said 

She's a viclim of the slalr. " hr 
said It hopel somebody risr's 
child won't br in a homr whrrr 
Iherr's devil wonhiprrs " 

The alleged occultism of the de 
fetidanU whs not an important (dc 
lor Ml (he jury's serdift. awordini; 
lo juror Krn Kioski of l.ithia 
SprJiigs 

"Di'vil worship arlually didn't 
come into too much plav.'" Mr 
Kioskt »aid "M actually didn t play 
that bi(E of a pari m Ihr trial 

Mr Dollar said srvrral farlors. 
mcludiiit; salsnism and family ne- 
glrct of Ihe defendants, had conlnb- 
uled to thr crime Earnest hr utd. 
has an ig of about 70 or BO. 



2nd Cobb Sewage Fine 
May Be Worse, State Says 



By Maricsrrl L I'tdattsk} 



Whether 



i l.lXn gallons c 



Thr sUlr plai 
r second of Iwo 



I t'obb ('uuntj for 
sewage overflows 
inlu Sweetwater t'reek, and it prob 
ably will rtieed the SlU.UOO penalty 
already a%>essed. a slate nflicial 
\»u\ ThuiMlas 



1 . 
will b.* . 



lell >..! 



Ihe I 



lOOOOisnlirally rrlevant" 

Mr I'oomrr said thr srwajr dis- 
charfirs would not prrmanrntly 
damagr Ihe creek's rroloKT. but 
vjid a considerable number of tarfr 
fish had died, depleliiig Ihr supply 
lur fishrmirn in Swrrtwairr i'rerk 
Mate I'ark thtly a haiidl\il of (Vsh 
killk caiiMtl t)> dist'harv's Horn gos 




M<irp Mplto 'Slalf Mewl P»qe 'BE 



ai)rAllanl:i3oiiinal n imk aiianta (ONsnrniir 



NKIl*/ AIK.II'.I /'• I'lHM 



S^hhrd Mari<M!a Koy UiUts Skrlchy CUws 

III .111(1 ( )nl III ( (IIISl lOIISIK SS lies I Ijl.lV^.MC ol Sislcl S lillll.ll ^v:.,/L" 'uZ'.\,,L"r' ^'l,.u !",',-. 



Il<r\iilliijlliii.^iiin .1 .I....l>. lU. I ..II I 

■ .... I, ., ,.|...| t... ..,...,' ' M I..' Iifl .1.1 '..I 

III.. I.' i; ., I.I s..,.,i, I .,1.1 .11., I',.|i..' I ..|.i i ll.i> ;..l,l,i.|^ ,'l.il...l.,l. I'.'t 

I.....,: I II ,,.l.., ,...,..,' II.. I II. ..li..ii.- I.. -I "I Iml I ll.il ■" I" "'I' 

.. 1 ..l.l„.ll M.ll .„..,.. I I I..." •'■'■' ■!■• !• !■> 

I.|>.I.'..II , .„,. p. III.. .I.,l,l,... ...I.' .I.M....'|.'.I M.'..|,..I I .i.'i.l> 

.' Ill,' hi>l .1.1. '^ ..I >..„..li V III III.' ..II.. I k..\ I ..Mu.'ll ..III. .111.1 Hill... I I 1,1.1... 11 III... .1 

l.'i I , 1,1^ lt..^|.,l..l I....I i.'l .1 II..III ..»ik I I...IIIII III.' I.,i,iilv ^itiil I Is ill .1 liiii.'i..l 

riK' III,,'., I ,.l.l .1.11 ......1. II...II I. .'ill .'I li.'i |...,li.,llt , l.,il <l:.iii'.lil.'i >!..' 1,1 III,' ll..s...'ll s I »'l 

I.'.,l ,..,ll,,„,.| ..,'!.. ,. .li....,., ;.ii.l li.'i s.',„i, liiii.hiilM 11.. 

Ili.'i ..l,.,l l,.,|.|..' I Ii„'mI;,> s.i.iiis ii.i.I I.l.'i'ilinc n. .. As llir ('i.ii|.l,' slai, I" 

i,'H li,- w.is i,'|..'..l.',lh sl.il,l„',l l..ill.liit. ..|M'I1 ,'iisl.rl, l.il.iii« .111.' I.isl I"" 

il I, I.', si ^'I,',| lit III.' I;,i„ III.' I...\ ..I ii.i.l.'i ;4I<...>| Ilit'K ll.,iit^l,l.'r. II).- .-Iiil.l s I., I 

s M,.n.'ll., .,|.,.il.,it.|il II, s sli,l,is |...h. ,' ,:ii..iil I.I Ills i.H.iii .,1 K.'i.iN's liM.I Ills llt'.it(..ii Ins .sil.'s si 

s .,|.i:,.„l,'.l I.. .,'i„.,,s ...ii.l I..II,' ll..s|.ii.il i..,..!.. .lU.iii I ...1. I »,'|.i S..IIK 

i.l..< ),..l... ..ii.l 1..,:..,. l..lk...i:l I. Til.' II.', IV. I I',...' I'. 

\lll cl, III.. . Iiilil IS Ih'i'„i i: ..I sLmilini: 1.1 l.is Im .1 ||||I|.,II|. Ill,' siivi,,' l,i .,sk„ii: I....I >.. ' 

l.ill. ..1 1... .111.,, I, |,..l„ I Iiilil I I .ilil II..I ii'lii llii'lil ilr.ll u.lli III.' II. ' 

III ..I Ills .1,1 ..,.1... I Il .,l»..il Ii.l' :ill.iik Inil 1.1 llii'iiciii'l 







— ■ J 



Posilions 

IVlUrDra-OlTUI; 
\^livi^l^ VoH Lon^Stay 

R>MjikMi*-rnun 



and . 



uhoi 



Aiilhi 
a(li\i»ls III AlliiMlii tiMfdi'm'd Ihcir 
poMltniis Kri(lj> in llic 12lti round 
of prulrslv a( IcMjl rlinirs. und rily 
jRht iirvv wa)s lo ropr 

vrroNli'd 40 prolr%li*i\ 
idc the* ^\■mlnl^I Wnm 
( « nl. r jl SSO Hlh Si . 



iijti- Sjltird^y in All4)i 

> i,iii<\^ riiiiM(-kM-\ tu (tie xburliun 
'ipp4iiH'ii|s, ptiliri* drjoc^'d piutt'sl 
rr<. lo uaitiiif! busrs Kndav instead 
of rarr>in|{ thrm us lh«-y hii\r in 
prcxiouv drinonslratiiin> 

Knr Ihi-ir pari. dvnionslr»lor\ 
^rri'Mrd Ihis wrrk arr runimillcd lo 
* MX)di>> Hl^y ill j^iil. prtili-%1 lr»d 



said 



III nur hcrU. 
I. I4m.ll I'lil 



['hjni:r ill polin- Itii li< % My uffi 
r\ arr Kcllmc *far>. " hr laid 
k't- arc KivinK Ihriii Ihr uppurluni 
I'l walk Ihc 10 frri lo Ihr bus " 

Karlipr, potirr vioppcd a van 
rr>inc riKhl protr^lrrN and i»urd 
kill for IrafTir ofTrnsri. anolhrr 
^ laclir The driver was riird for 
A Mcruhnc when rhan|[in( lanes 
id cittslrurlinc an interiCflion. In 
MiKalor Hirhard H>dr said 




ASOKTIOMCo 



'^%0 



..\ 



iiole 



\V% of New IVisoiiers Have AIDS Virus, Sludy Says 



(:t)-\\ink(*i III N I'lilioii 

By l>«nna torf nt Shr jl> 
AndDianf R.SUpp 

A lonvlrurlKin worker du-d ap- 
tutnilly Ihr virlini of mrlhanc icas. 
Ill a 25footd«Tp manhole Knday 
and l»<> rn «nrlirr\ «e(<- killt-d one 



i.MMljl rriMr.iM.ii Aii.n,. iKI'At 
%jid. Ihr thr.T nii-n al a Krathlrfe 
llunHnody Koad ofTire iiark Knday 
apparenlly suffnraled ^hen Ihe 
nirlhant' fonviimrd Ihcir oi)|[rn 

MarMii Cei-slMi. 31. cf &ff7 Sum- 
mirville llnve in U^renceville. 
wrnl da«n Ihf iiiatihnlf shof1)> af- 
It-r ntHin Iti rinse a dramane vaKe 
jiid fill a nearby maiiniadi' lake, au 

Whtii he did not reap^M-ar. a ra 
ui.iktr < hj(I< ^ Hohler 3S of l(C4 
ll.iiutMi.kl,- Ijiie in Mlanla ap- 
■■aieiillv Ifokt-ri down Ihe hole and 
Mw Mr i;e<«lin\bt>dy .K-t»rriiii)C lo 
Kiill.iM roiinl\ I'ltlire >iti Jovee 
V.<i<iih.iii 

1h.-n Hohter h<ll.>.>.-.l him 



AIDS t 



B>Mr*eMrrnbcf|t i.. jily s 

N...-. w..»-.» «..r., (.Ts for 

ee perrent of 1.691 mrn ..nd for the n 
I imprisoned in (irorKia Midi 

r July 1 »rr infmed wilh Ihe of Correeli 



Mr H.'hie 



- a rate Ihal luKRetU 
at many as 450 pritonen a year 
will leil posilue for Ihe virus, 
hrallh orTirials uid Knday 

The infn-Iion rale, rrleavrd for 
Ihe firsi limr iinrr mandaiory 
AII>S leslinic for inrominj; prison 
t'(% went into elTerl la%( monlh is 



aid Ihe 5S poMd 
refonJed iince Jul) 1 bring 
of AIDS earners diajnosrd 
{la priMins to 2B5 

So far 40 of lh« m vFk 

nptoms of Ihe divea^e >r. 

ufTrnni from full fltdjci-d 

acquired immune defirin 



All |>risoiMr< 
AlhSaiilibody lesK are sej:n»;jlid 
Ml a domiilorylike btiiIdiii|E bi'liiiid 
J separair rhain link friire at the 
r total Auftusla ( iirreilional klediral In 



Wail for Lmv-lneome Homing 
Long One for Viwr in Gwinnett 

^^'^ \m on l.i^l, Il Takt^ MonthH, SonwiiiiirM Yriin* 

&^B fly Handa K Vanrey 



r s|M-nl mu\l of 1 hur\ 
rrlurninie rails l»ru\ 



^Ii4- \aift Thill vday afleri 
irui'vk I will jusl have lo w«i| ~ 

Kor 42 years. %tt% llowniKlun 
lised III m sn>all »<-mI (raiMe b'*iHe 



•.TllZr'V" 



tnnHt rr>Ml<-M4\ hfolhrr «h 
putklH kmiMr^ ^tM- ha' 

" «•■ nrw aturl 'arily wtlh 




jppjrently 
ulthelhird 
.•I 111 (y 



kilted jlmo.l invljnil 

man Jnhn (;arren. 

press SI . Koswell. ru>hed to the 

hole and scrambled du«n lo hit 

dealh 

Krankliii fombs. who worked 
with Ihe Ihrre men. Mid he report- 
ed Ihe atcideni lo a se«unl> i^anl 
jitet he saw Ihe lail Uu (.v inlo ihe 
mjnhole I worked arvund about 

ACCIOCNT Cor.|.A^«d o<< )0 



Ca. PoHtT CiistoiiH i> Set 
2iid Slraij?hl Usage Mark 



Kof Ihi- MC.iiid d«» in a row jr^ MUn itme 
ler ele.111. il> u*ate by (.cvrKia fww- 

rrs hit »n all li"»e hifh Kriday 

The iwak •l.-maml i.ath,-d NftMAW kilo^ 

belwo-ii .t pm and 4 pm up tlijchll) 

r Thursday v nioid «■! UMOtM' kilowatts 



24. Aaw 2 ana mm lu< tH and W Th, hi,ch 
riHMMMpluM l«el Is caused by a ..whinalion 
vt fciMwe air cuiidiluMiinc IKwi lh«- FmH humid 
weather ami h.-av* tnduarial ovaiw «" « ITWw 

Ti-wMMTjIurrt Ua«i-<l in Ihr 9IK ^ftday but 



i 




Bush DcCeiKls Him as Senator Plans Caniiiaii^ii Hole 



BySrodShrpard 

CHICAGO With his ninninR mair hack in 
WashinRlnn on Sunday lo "ad his ai-l todclhor, " 
Hppublican prt'sidcniial nominee Oeortje Bush 
questioned whether anyone in Sen Dan 
Vuayle's Keneralion has the moral authority lo 
•cast Ihe first stone" anainsl Mr Quayle for 
avoidini; combat in the Vietnam Wiir 



Slain Girl's 
Father Has 
Vanished 

Mail Missiiij; Sinct' Visit 
To Mis Hospitali/x-d Son 

BvC\n(hiaDyrcanin 



On the evi' u( a speech lo the national con 
venlion of th<' Veterans of KoreiRn Wars, Mr 
Hush said the 41 year old Indiana senator has 
been "thrown there in the hornets' nest" for en- 
IislinK in the Indiana National (iuard at Ihe 
heichi of the war 

In comments to reporters aboard Air Force 
Two, Mr Hush sard Mr Quayie, a vocal oppo- 
nent of communism, did not offer lo resiRn from 



three day campaign swing Ui 
and "shouldn't have " 

"Let everybody in that g' 
cast the first itone and se« 
then, " Mr Bush told report 
Guard is honorable service ' 
da I>o we condemn an i- 
don'l think so 

"He'i been thrown into ; 
QUAYlIConi, 




/,.(; 



nailer Ttuin Tldn 



n hii^s her 5on, Joshua, 3, as he yells while gel- 
,lif IK i;:lh County lleslth Center. Joshua will be 

J. rare I' ; " -''. fbildren are lining up for shots as 
lhl« 1 ■ ^tl many pediatricians are advocating a 

JJ.,n' .:ntlve care. See article, Page IE. 

{lCK TO SCHOOL 



, Eipfnded Sex Education 

1 ',>r V!/^'ffo Sbif^'T'^''^ F-'VY-" 



alcw.OCO n.etro Atlanta 

head back to the 

week, and another 

s will join them in 

(tudies a week from 

t >unty. students and 

I former North Clay- 

iqi. now North Clayton 

will serve at pio- 

unly's transition 

lo middle schools 

n County students 

( c the mervtfr of eight 

lo three - the first 

-ranfin; school con- 

il that will mean clos- 

and creating 11 new 

t three years 

; most radical provi- 

te's 3year-old Quali-' 

■tion (QBE) Act al- 

e. few changes in 

•ilities, programs or 

it most metro-area 



WfcM S«Im*U ttaH 


•dieel 


Hrddiy 
•IcOu 


AtenO 


Aug, 2S 


eutord 


Monday 


Ctaylon 


Ttiuraday 


ChwokM 


Monday 


Cobb 


IWfdnMday 


DuatiM 


Aug 28 


OaKirib 


tM«)nnday 


Oau0lu 


Friday 


FayM* 


Aug, 29 


Fi*>n 


Aug 28 




TuMd«y 


Htrr, 


Aug 28 


lilwMU 


W*<»<Md«y 


N*««an 


Aug 28 


RookcM* 


Monday 





Sex education mutt be taught in 
grades one through 12 in every 
Georgia school for Ihe first lime 

•CNOOC Conllnu*d on ISA 



The folUiwihc day. Mr Caldwell 
disappeared after visiting his Ui- 
year-old son. who was questioned in 
his hospital roiini by police through- 
out Ihe day about Tuesday's brutal 
attack in Marietta, authorities say. 

Police issued a nationwide all 
points bulletin early Sunday after 
Mr Caldwell's ex wife, Kay. report- 
ed her ex-husband missing Al- 
though police are concerned about 
Mr Caldwell's "suspicious" disap- 
pearance, they have not naned bim 
as a prime suspecL 

"We have nol ruled put anyone 
as a susi>ect ^fl'i we -Kk-^ n'>t ftv 
CJ>-d .111 ,.,,.v : ■ rdc' - , • 11." 
MarictU i'olice Chief CI aii'VS Siii- 
mons said when asked if Ihe boy's 
father is a tusped 

Chief Simmons said his primary 
concern was for Mr Caldwell's safe- 
ly, "We are concerned thai he might 
do something irrational," he said 

Mr Caldwell. 42, was last seen 
between 1 and 4 pm Saturday at 
Kennestone Hospital, where his son 
IS in serioas condition According to 
Capl Don Ellers. Mr Caldwell 
phoned his ex-wife at 10 p m. Satur- 
day Captain Ellers declined to 
etatMrate on the nature of the call, 
which was placed frnm a Kxalion in 
the metro Atlanta area 

'The nexl call will be the most 
important phone call." CapUin El- 
lers said 

While the Caldwells attended 
Ihe funeral of their 12-year-old 
daughter. Sarah, their son. still un 
aware of his sister's death, began to 
provide police with the first clues 
about his ordeal The information 
was sketchy, howe>'er. because the 

MlttlMO Contlnutd on «A 




Charles A. Smlthgall Jr., a former AllanU lo vlrglnllke conditions. Pai; 
media mogul, Is nnancing Ihe restoration of includes removing alll froc 
his 5,000-acre preserve, Dukes Creek Woods, trout again can flourish, 

Georgian Giving Back to the Ls 
He Loves With Forest Restora^ 



By John Hxnnon 

Staff Wnl^ 

HELEN. Ga, — The Ug on Ihe front bumper of 
the big car says "Retired " No doubt Charles A. 
SmIIhgall Jr . '78. could easily afTord lo rest on the 
laurels of a Georgia newspaper, radio and cable 
television chain he built during a »year career 
and then sold 

Instead. Mr Smithgall is spending his golden 
years financing and supervising what may be the 
largest private forest restoration project in Ihe 
nation 

On almost 3,000 acres of rolling woodland at 



Ihe base of the Blue Hidge Moi. 
gall, who has residences In Gain 
U. is In the third year of leelnf 
Woods beirt piir-'tiklngly retur 
dor of a rr.alurx' K-irdwood forest. 
stale's mountain forest Dukes > 
suffered fhmi logging practices I 
highest-quality treev leaving sc 
and poor-grade yellow pine 

Experts say Mr Smiihgill's f 
lo virginlike conditions if left al 
years By using aelectlve cutting 

FOIWST Cont.nu«<J 



•ea Ousts 
nie^can 
AcmistH 

?ches at Halli< •> 
■d U.S. Policy 

Her I '^•itt 

^ -.Ilk 

, ;,«»^ I .«'•'>•"■ " „ 

iouth Korea J« 



INSIDE TODAY 



Earthcjuake: 550 Dead 
In India and Nepal 



Pag«3A 



Falcone ^U-\ Jessie Ile.ster 
In Tni'l«- With Raiders Paoeio 
P:ntK • liU'h 

''■•Ity CKXf'ir ''■ir« maVO hitta MonOoy Mith a 
•"ul'i ■ hw-'* "• attomoon showers High loov 
J'~«.„ ,^m po OetaMs. Pago 120 




Solidarity Leaders Call 
As Polish Officials Rej< 



WAHSAW. Poland - l^eadea of 
Ihr outlawed Solidariiy Irsde union 
• •lli-d a strike for Mundd.t al the big 
l.«-iiln shipyard In (wlansk after the 
<"»eniment rrfUsed an earlier offer 
.•( ialk< with the union's leaders to 

l<n,»r a wise of 'lb.!' '"rest 



of coal mit.ers 
arxi dock and < 
the Baltic po.-t 
continue 

Solidarity t 
nik said the r 
talks wu mad' 
channels Ihrooi 



t 



c 




takr 30 lo 40 years l« romplrlc the 
projoci that employs spvi-ii mm full 
time and several forestry and wild 
life ronsultants Next to the tl S 
Forest Serviee. he is the larsest 
landowner in mountainous White 
County 

When asked why he is commit 
ting so much money to an endeavor 
he likely won't live to see conclud 
ed, Mr SmilhRall said. "At some 
point, a man has to put somethmc 
back I hale to .see people just lake 
from the land and never put some 
IhinR back ' 

SlretchiiiR from the Chattahoo 
ohee National Forest to the edt;es 
of Helen, a booming resort town. 
Mr SmitliRalli. woods also preserve 
a large chunk of real estate in one 
of the most popular vacation and 




Kd Sullivan, who works full limf for the Dukes with a hatchet. By using selective cultinK •■ j 
Creek project, uses the chemical Tordon RTt I lo herbicides, the natural restoration process 
poison undesirable trees after opening them speeded up by at least a century. 



retirement an-as in (leorgia. a place 
where condominiums and cabins 
are growing faster than the trees 
Already he has spent some $12 mil 
lion, most of that on land purchases 
that began in I9R2 when he ar 
quired the first 1.70ft acre tract, and 
he is trying to add more 



We wish we had more Mr gall plans lo open the presen 



Smithgalls." said Thomas M Mas 
sengale. Southeast regional vice 
president for major project devel 
opmenl with The Nature Conser 
vancy "He is one of the truest con 
servationisls I've ever met " 

Within a few years. Mr Smith 



the public for hiking, picnn 
and possibly camping 

Tm trying lo gel (Dukes ( - 
Woods) into a posture that wilt 
serve it for future genrralio' 
said Mr Smithgall. a man who li 
and arts much younger than 




child slipped in and 
consciousness 

By Saturday. Ken was 
hcrent and w.is able lo give n 

d..t;.ik •■...„! -.h.' i 




Alu-i cu-:t...e IJ>.:^ „ i..,.-;,w: 
with detoclivcs on Sunday. Mrs. 
Caldwell hurried lo a car lo avoid 
talking lo rc|>orters "My son is hel- 
ler We are thankful for that I love 
the way they handled the funeral, 
and I'm not going to answer any 
more questions." she shouted out as 
she stepped into the car 

Chief Simmons later said. "The 
family is obviously distraught over 
what has happened " 

Police spent the early morning 
searching for Mr. Caldwell at the 
cemetery where his daughter was 
buried, the church where the funer- 
al was held and at the family s Hull 
ing Hills ApnrlTrent Complex 



;.l.1' 



moot Hospital, wjs the first to dis- 
cover hor children when she re- 
turned from work at 3:30 p.m. 
Tuesday Police then called Mr. 
Caldwell, an employee at Butler 
Tire Co.. lo the scene 

According to police. Mr Cald- 
well became ill outside the apart- 
ment when he arrived and had to 
be restrained from entering the 
building 



.„. ^^U 

Robert Caldwell and his ev-wif^^ 
Kay, leave (he funeral of their 
slain daughter, Sarah, Fyida,v. 

Police secured the crime scene 
and Mr Caldwell's 1973 black Chev- 
rolet pickup, license number 
QB27047 According to Captain ti- 
lers. Mr Caldwell's truck was en- 
closed with yellow police tape as a 
routine pari of the preliminary in- 
vestigation The Caldwells also 
were under police sur\eillaiicc dur 
ing the first 24 hours of llie investi- 
gation ;is a roulino m.^asurt, police 
said 

According lo police. Mr Cald 
well lea the hospital Saturday in 
the pickup. 

At a news conference Sunday, 
police said they are trying lo deter- 
mine where Mr Caldwell lived be- 
tween 1979, when he and his wife 
divorced, and Iheir reconcilialion 
about two years ago They had not 
remarried, but were living together 






f:DDIE ALBERT FOR BEIJONE 

''Beltone had the 
answer to my hearing 
problem. ..find out if 
they can help you too! 

Bellonc is offering FREE ELECTRONIC HEARING TE.>iTS 
lo anyone who suspects they're suffering from a gradual hearing 
bss. Of "nerw deafness!" The leu is quick, painless and it's free' 

Find out if we can help you hear belter ar>d enjoy life more Call 
to schedule your appotniment today' 

■UCKHEAD 

1»->1I7 

CARROLLTON 

as«-«ut 















^' 



^: 




m Is to 
Hi nal 

las re 
>lh Mr 
1 have 






Elalae Christens places loKK^rhead turtle 
eggi In a nest in the protected Little Cumber- 



WMURSTRICKllNnun 

land hatchery, a fenced compound on one of 
the Island's giant sand dunes. 



glutting Service, Subsidizing Taxi Rides 



ig lo treasured of Million Cab Co in At- 
lanta 
bus Mr. Saliba said it doesn't make 

ring sense for near onpty MMlTAbuws 



■i i- 



could be provided under s program Some cab company executives 

that would allutt dnvers lo pick up are less than enthusiastic ahoul the 

passengers at ^'/VRTA stations and idea, purticularly about giving dis- 

transport Uiem along bus routes, counts. 

"V.M . iV ■ '. - M- !■ ■.. •■!( w.,.|l,i I:.'.-.- : I. ' .,r l-.llv;. 



■Lets liope »heb tlill alive. ' 
kind Miss l.ovr's liuyrriend. Mark 
Kaplan, of Atlunla 

.ShcrilT llunsird noted that three 
other "Somrn with Mmilar descrip- 
tions one from WhilHeld County, 
one from Chattanooga. Tenn . and 
another from Bradley County. Tenn 
also have been reported missln( 
rerenlly 

Shenfr llansird said the woman 
had been dead three or four dayi. 
and that she was beaten around the 
fare and head He said there was 
no sign of a struggle at the icene. 
indiratiiig the woman was not killed 
there 

Miss Love. 27. has been missing 
since the evening of July 11 

Doctors were performing a pre 
liminary autopsy on the body Mon 
day night, at Hamilton Medical Cen 
ter in Dalton 

A key clue in identilVIng the 
body might bo in whether It had a 
glass leH eye. as did Miss Love 
However. I)r James K Metcalfe, 
the pathologist who did the autopsy, 
said the decomposed state of the 
body pn-vented him from deti'rmin 
ing if 11 li.id II r.t.i". ey 

Also, early Tuesday rnomiiii;. a 
Birminnh:tin dentist who liarj trvr;i- 
.■d rii- ! . . ,,■.. • , r- ' 




vice pie on i bus, " sJid Kr. Sdliba. "Its 
plan a waste of money, time and gaso- 
line." 
art." Cab service in Atlanta costs $1 a 

and mile, but Mr. Saliba said discounts 



Brown 

"When there is rf^li> low rider- 
ship, you don't want to run a bus 
around all the time oo a regular 
schedule," said Mt Bro»n 



The iuc.-i ol si.l-aiui. h.,; i:..l) :-■; 
vice is only one of a number of cost- 
culling measures that will be stud- 

MARTA Continued On 4B 



could be used for positive identifi- 
cation because the body found was 



BOOV Continued on 7B 




fr^\ 



3J?«7^2^ 



Stand the Heat 

^^ U at a n«tte peratare n»eki4 Um upper Ml The todiak. 
r" w la a p„| at Zoo aaaoms Ui« Urge»« Uad carah«rev tlaa4i t 
•■••IfctU^ fe«< laU. wbcMiTcr H waata !«. 



Conflicting Reports Received 
On Slain Girl's Missing Father 



By Cynthia Durcania 

least a d'-.'i-n ph.-.* c. '.'[•. \-\.A.t.^; 
James Hok>cn Caldweil — trie iiii!^- 
ing Ihther of a 12-year-old Marietta 
girl who was sexually assaulted and 
strangled in her home last week — 
anywhere from Jasper to College 
Park. 

Mr. Caldwell. 42, disappeared 
Saturday after a hoepital visit with 
hU ion. Ben, who was repeatedly 
stabbed and left for de«) during the 
tame attack In which his sister. Sa- 
rah, was killed A nationwide all 
points bulletin was issued early 
Sunday morning after Mr Cald- 
well's wife. Kay. reported him 
mitting 

As of Monday c^fning, authori 
ties still had no information as to 
Mr Caldwell's whereabouts, but re- 
ceived at least a dozen phone calb 
throughout the day from people 
clalminf to have seen the man. Ac- 
cording to LL Walter Parker, the 
callers cjilmed to have seen Mr 
Cakhkellkt a Rennigan's restaurant 
in College Part, in DeKalh County 
and in Jasper 

Meaowhifb'lleo — beliered to 



be the key to identifying Sarah's 
killer — has made a marked im 

prove*: .nt fir,-,* i; .'-r,'. r •' 
t^K-Vf r-..('-i:.i: 111. :;..>'! i - I- ' 
cording to police, the lO^yej' cij i 
alert and began eating solid food cr. 
Monday. 

"He asked for a hamburger," 
Lieutenant Parker said 

Police said Ben, who was still 
unaware of his sister's death Mon- 
day, is beginning lo remember more 
about the brutal attack in the fam- 
ily's Rolling Hills apartment. 

Ben last saw his father Saturday 
afternoon, the same day police 
questioned the child about his 
ordeal 

In spite of his father's "suspi- 
cious disappearance," authorities 
said they are not singling Mr Cald- 
well out as a suspect Fingerprints 
taken from the crime scene, as well 
as fibers and hairs, are sbll being 
analyzed at the State Crime Lab . 
and police are still interviewing 
several potential suspects. 

Police, however, are scrutinli- 
ing Mr Caldwell's past in an at- 
tempt to find clue* as lo where be 
might have gone According to Ueu- 
MISMNtt Continued on ICm 







Q: 



Q 



Q 



GBI Agent Searches Re|M)rUT's Home Twice for Narcotics 




An BKenl of Iho Georgia Bureau 
of Invrsdgalion ((;RI) searched the 
home of an Atlanta Journal Consli 
tution reporter twice last week after 
(he slate received reports that 
someone niighl have planted narcot 
ics in the newsman's home 

The inquiry pcvi out of report 
er Duanr Rmer's coveraKe of the 
controversy surroundine the Ficor 
Group Ltd insurance company op 
eraled by lawyer Hirsch Knedman 
The firm was placed into receiver 
ship last week a few hours after Mr. 



Knedman resiRned his position in 
the company he founded KITorts to 
reach Mr Knedman since that time 
have been unsuccessful 

AHer the first search. Mr Riner 
said, the GHI aRent called back to 
report he had received mare specif 
ic information and asked to search 
again Neither search produced any 
narcotics 

Allorney General Michael J 
Bowers said he asked the (,BI to 
search tlic home of Mr Hmer after 
"a confidential informant informed 
one of my assistants that as a result 



of the Kiror legal proeeedincs. 
someone might be angry with 
Duane Ilincr and might try to set 
him up by planting narcotics at his 
home 

"I referred this to the GBI, 
which investigated and found no 
narcotics." Mr Bowers said 

The attorney general confirmed 
that Mr lliner told him that Mr 
Knedman. at an Aug 3 hearing on 
Kicor's activities, threatened to sue 
him and implied that the reporter 
was associated with a cocaine deal 




Logg erheads 

Fnnn Page IB 

worked without pay 

"There's no salary in it," Mr 
Richardson said. "Hebecca and I 
have ti' iiT received a jirnny in all 
•j these yt ars. Many students have 
. come, at very low salaries, lo work 
on the ;>! ,"■' -t " 

Tlie J 
Mr H;,: 

■ '.DCS c. 

dine in l. 

Uiatcri!wl ;•;.'■■■,. ..,, , • ,, , ,:,.,:, r- 

. j^ land's piistiiie bcich to lay their 

IJa *8fis on summer nights. 

i. "Our turtle numbers have gone 

d-wn and down ever>- year since we 

jfled." Mr Richardson said 

We've had two major population 

rashes, one between I&71 and 1973 

nd another a couple of years ago " 

But Mr Richardson said he has 

no idea what caused the numbers of 

nesting turtles to drop so dramati 

cally. 

Ms. Bell explained that the 
number of nesting turtles normally 
fluctuates ft-om year to year 

She said that when the project 
I - . .n 2.^ y.-irs rro. h»twe.?n 70 and 
r.jp'.-l^ tunlvr 1,.; .'.;d „n Lilll-; 
'■eriand's ^•e.^fll e.;i'h su:nmer 
3ut s.Acn \..,rs ij.j. lii.- nt.^ting 
I pulation had dropped into the 
.'•IS. and last year, fewer than 30 log- 
. gorheads laid their eggs on the is- 
■^ land 

Project workers, whose hours 
run rrom dusk until dawn, patrol 




the beach, checking to s»-e if the 
nesting turtles have already been 
marked with numbered metal tags 
They tag turtles not previously 
marked for identification 

Once the turtle' digs her flask 
shaped nest, lays her eggs and lum 
bers back toward the moonlit sea, 
the workers carefully transport the 
clutch of pingpong ball shaped eggs 
to the Little Cumberland hatcherj. 
a fenced compound on one of the is 
land's giant sand dunes. There, the 
eggs are safe from raccoons, ghost 
crabs and other predators 

The re-searchir! believe the 
adult ftniales ivlum t-i nir:! at the 
L.ime beach j'-or aO.-^r y-'.-ar. 

Ttiis jdr, 23 turtles hid rested 
on Little Cuint)erland by midsum- 
mer, Mr Richardson said 

While commercial shrimpers 
are not solely responsible for the 
steady population decline of the 
loggerheads, shrimp boats do con- 
tribute greatly to the problem by ac 



cidentally catciiing t'he huge turtles 
in their nets, Mr Richardson said 
He said the problems is especially 
pressing during summer months 
when the females head for coastal 
beaches lo lay<heir eggs 

Shrimpers are required by law 
lo try to rescue any sea turtles they 
catch, but shrimp boals ni;;y drag 
for hours and captive turtles olleii 
drown bvfan: the nets are hauled 
;'Srtard 

"Sl:n:.,n-. ; ,1, ■,...,.: 



populalioiib doi.i |,j,,. i (i.jn,. ;,. 
recover," Mr Richardson said 

This summer. Mr Richardson 
and his team are studying the short 
term efTiciency of turtle excluder 
devices, called TEDs, designed to 
prevent loggerheads and other en 
dangered turtles from running afoul 
of shrimp nets 

Many shrimpers object to the 
cagelike devices, saying the TEDs 
are bulky and dangerous Because 
of protests from shrimpers in Geor- 
gia and other states, the federal 
government delayed its plan to 
make TEDs mandatory this sum 
mer. but Mr. Hich«rd.si«i said 
shrimpers will b<? roquir -d '■.< use 
them next summer, 

"We're Kiokiiig at I>,e hue term, 
to see if we can't turn the comer on 
this beleaguered animal." he said. 
"The only positive line is that we're 
looking lo the day that beach users, 
shnmpers, sea turtles — we can all 
live together and not be in conflict 
with each other" 



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Missing 



Frmn Page IB 



•int Parker. Mr Caldwell enlist- 

* ed in the Navy following his divorce 

" from Mrs Caldwell in 1979. then 

spent several years in Key West, 

Fit., working a series of odd jobs 

But Lieutenant Parker said po- 
lice have very little information 



•bout how Mr Caldwell spent the 
years before his reconciliation with 
his wife two years ago 

"We don't know whcrx- to look 
for him. He's a loner and nobody 
seems to know what he did during 
those years .... It's a big blank." he 
said 

Mr Caldwell was last seen dnv 
ing the same 1973 Chevrolet pickup 
police secured at the crime scene 
on the day of the slayinf. According 
lo Capt Don Ellers. the black truck 



was initially sealed olT with police 
tape, as a routine part of the inves 
ligation Polfre relumed the truck 
to Mr Caldwell after it was 
searched 

According lo police. Mr Cald- 
well was not under surveillance at 
the time of his disappearance be 
cause the 96 member force lacked 
the personnel to do so "We could 
have placed eight or nine others un 
der surveillance as well." Lieuten- 
ant Parker said 



Body 



From Page IB 

I mitsing seven teeth 
I The body was discovered by a 
J retired U S Forest Service worker. 
I John Roy Brackett. as he drove his 
I Jeep along the dirt highway through 
I the wilderness area, which is popu- 
' lar for hiking and canoeing 

Mr Bracket! "smelled some- 
thing (bnny. and he stopped to look 
around." laid Greg Beavers, owner 
of * jenei ' •' r -- »> • .. c • 
body wu f 

"He i'-' »• ^ :>e lound a dead 
body He was really scared." Mr 
Beavert uid 

Sheriff Hansird laid he had not 
heard of Jie Julie I^vr case until 
Fnday of last week, when he got a 
package of about 500 fiien. trnt by 



within a week, hundreds of volun- 
teerj who had never even met the 
petite young woman were plastering 
the city and the surrounding region 
with billboards, posters and filers. 
many of which were donated by lo- 
cal buiineues who wanted to help 
with the effort 

Miu Love was last seen when 
ihe left her weekly career meeting 
near Lenoi Square shopping cen 
ler The young woman was wearing 
a peach blouse and shorts, while 
socks and tennis shoes 

Miss Love's 1983 red. convert 
IMe Murtan? wjt found, cit of fas. 

!'■ ■■ i . ' ir ■-. ■.!,. xHtfM 
•u* ■|/.jrK,.y mcn.l.x July 14 
The ear was spotted with its front 
end sticking into the street by a 
friend who lold Mr Kaplan, who 
then Dotined police 

Police suspect the S^fool tall 
lO&pound woman, who lived at 108 
rVArr W.v in Ihe Trrv.. rrf^\ rn- 



thearer 

By the end of the week, family 
and friends of Miss Love had posted 
a $10,000 reward for information 
leading to her tafe retum Fnends 
then walked door to-door dislnbut 
ing hundreds of fliers with informa 
lion about Miss Love in the neigh 
borhood where her car was found, 
and combing the area hoping to find 
some sign of their missing comrade 

As Ihe days turned to weeks and 
then to a month, with no clues to 
her whereabouts, police even tried 
investigating information provided 
hy I'jf al ps>chirs. k! n U lif .rd Ihey 

llf» »yrrr M|S> U.t t-jlj bi 

linind. 




Ore-Ida 
Com on the Cob 



P% 



i:>;rl.. t:\.;. Cn. .-se 
Ciiiomy lliil..jo, fi.-s.on or 

Wisli-Bone 
French Dressing 




Li. 



64-02 
Com 



^ Taco Dinner 179 1 
brtegal^,. 149' 

-=^ Ortega L-:~,"9^^ 




^TAR^ Regular 



for All Woshoblo fabrics 

Clorox II 
Dry Bleach 



6I-OI 
Pk9 



263 



I6-OI 
Corn. 



Pump Sproy 

Clorox 
Pre-Wash 



Mott's Prune Juice %39 

Qiuker Gatorsde 3-Pack fO* 



(Mlhto 

Ton? 

whan yoL 

buy any t 

of thasa 
Una produ 



Y«8 Liqoid 
Tf kIm SptB 
yi>id Uquli 
Pine Power 
Pine Power 
GUss Plus f 
Tough Art I- 



A.NTA CONSTITUTION 



for I20 Yeart the Soulh't Standard Nrvpaper 



WEDNESDAY. AUGUST 24. 1988 



SI-ORTSHNAI, 



"0 



5 as Jet Stream Begins to Behave Itself 



/ 



■ W*dn*sday: A chance of thundofstorms High In upper 60s 
iThur«d«y: A chance of thundershowws. High in mid-80s. 
I Frktoy: Cl«ar early but a chance of rain later. High in mld-BOs 

— 0«to<ls, Pag* 12C 



lAllanta "The woa(her pattern has 
ly from what it had been in the sum- 
in a fallish situation where cold 
rough We haven't seen this for sev- 



already spurred a drop i 
the eastern IMiiled States 



npera 



Laltes and streams, especially those in the d^ou^:ht 
stricken Southeast, may take months to recover, but in 
terms of rainfall, more normal conditions for late sum- 
mer — characlen2ed in the Atlanta area by a pattern of 
aflernoon and evening showers — are expected to pre- 
vail in the coming weeks 

The change in the national weather p:ittern tias 
heli>^d produce alternoon showi.'rs in inetru Atlanta. 



which have alleviated much (if the need fur nuldoor wa 
teriiig. according to metro water ofTieials 

Atlanta received more than half an inch of rain 
Tuesday The official rain gauge at llartsficld Interna 
tiimal Airport registered 061 of an inch The one-day 
total nearly equaled the official rainfall total for the en 
tire month of June 

Verona Vicks of the National Weather .Service's At 
lanta olTice said the Wednesday's forecast for Atlanta 
calls for temperatures in the upper 80s and scattered 
Ihundershowers 

The high pressure system that hovered over the 
Midwest and Northeast for much of the summer has 
enided. allowing cooler air from Canada to move south 
into IIm- United Slalr-s The atmospheric instalilllly 

WEATHER ConlinuHrt O" 8A 





in the Right Place 




' «nd M.iii,,..v Wills, g(u- pledge of allegiance on Tuesday, Ihe first day of school 
»i<Tf,^n^„ ,.:.,s, ,4 R^. In Gwinnett. A few of the itudents were having trou 
»»' In Lllburn, say the ble distinguishing their right hand from their left. 



iP^iTs Call for Sewer Hookup Ban 

fcj*^ W*^"i ''"'''"■ •<■«" They said if lo- 

•^••iLrf """W "be prepared to 
•"^Kh ^^'*"' 'clion' to protect public 






"• '^ <ivTrn„,^ " -""■'''r' only inspect 
*^«tilr.. <""rflow potBU 

''«-*u7ri:""''i:'^ ■'<■<" 

*' "neraency action 



(bM. 



IS needed to preserve human health ' 

Atlanta has seven sewage system 
overflcnra that lerve nearly IS iquarr 
miles of the city When it raint. raw >evk 
age seep* into Clear. Tanyard. Peach 
tree. Proctor. I'toy and Woodall creeks 
all of urtiich drain into the ChatLaho» 
chee 

So t»T the city has not been notified 

•CWMJf C nnl.nu«<l ■-"' ■• 




In Stabbing 
Of His Son 

Marietta Man Also Suspect 
In Slaying of Daughter 



A Marietta man who disappeared during Ihe 
weekend was arrested Tuesday night shortly afler au- 
thorities charged him with stabbing his Ifryear-old 
son and named him as a suspect in the slaying of his 
12 year-old daughter 

Police said J Robert Cald 
well. 42. was arrested in Mari- 
etta at 7 30 p m . about the 
same time Marietta Police 
Chief Charles Simmons and 
Cobb District Attorney Tom 
Charron were conducting' a 
news conference to annouriL .- 
that he was a suspect n r 
case. 

Mr Caldwell was an 
in an apartment at 2151 1 
Road in Marietta, the him > 
Ijrry K Watts, a co-wyrkt-r u 
Mr Caldwells at the Kutle 
Tire Co Marietta police had received a tip about 8 
p m leading them to the apartment, according to 
Chief Simmons 

Mr Caldwell was arrested as he walked into Ihe 
apartment by four detectives who had slaked out Ihe 
complex He was being questioned late Tuesday at 
Marietta police headquarters 

At the news conference. Chief Simmons and Mr 
Charron said Mr Caldwell was charged with aggra- 
vated assault with intent to murder atler investiga 
tors interviewed his son Ben Caldwell, at Kcnnes- 
tone Hospital, where he is recuperating from slab 
wounds he r^'ceived last Tuesday 

Mr Caldwell also is the prime suspect in the 
death of his daughter. Sarah Caldwell, according to 
Mr Charron Her partially clad body was found by her 




J. Ruberltaldwell 



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WEDNESDAY, AUGUST 2< 1988. 



,'5 con<T» arpiiiiiK 
rcslri(^,T,w 
jnp. whoSrarkway op- 
is bound b> hrs ullr- 
nicr rri'Sidcnl Ciiilor 
parkway. Tuesday ao- 
ncil or "atlciiiptiii); to 
al derisions about 
'lal IS professional 

lling eloso to election 
*hat we're getting are 
ins that are politiral." 

iSofT. also a CAUTION 
nt, aiTusod Mayor 
■ring a meniory lapse 
vhen the council first 
parkway plan in 1982. 
supported the condi- 
hose condilHins were 
plan fur the parkway 
"niayur's plan" drawn 
rhitect friend. Taul 



CaldweU 



i'roiii PufSf lA 

mother last Tuesday The girl had 
been strangled with a shoelace or 
piece of cloth, according to a niedi 
cal examiners report, and evidence 
indicates that she had been raped, 
a source said 

Ben Caldwell, who was found 
face-down in a bathtub, had t)cen 
stabbed in the back numerous 
times, possibly with scissors, police 
said Investigators believe that the 
children's mother, Kay Caldwell, 
IcH for work that morning t>efori 
Mr Caldwell did 

Mr Caldwell was not chan'' ' 
with niunlor pending the result;. \.: 
laboralnr)' toli. Mr. Ciiarroii said 
Tuesd.iv If h" i< ch:irj;.-<1. Iho sl.ile 

c.ijm ■ -, ; • 




'■.ili.-e<-»,;..r< ■(,:,, l-s Si 



Mr Caldwell's relatives had ex- 
pressed their frustration over his 
disappearance Saturday There's a 
lot of unanswered questions an 
awful lot " said his falher-in law. 
H I. Anderton "And I don't know if 
I want to know the answers ' 

Mr Caldwell's mother. Bertha 
I'adgctt. 60, said her son ran "when 
he was under pressure or stress " It 
was not unusual for Mr Caldwell to 
vanish for six to seven months at a 
time, she said With the exception 
(if one four-year period, Mrs Pad 
gett said, "He was never gone for no 
more than a year " 

According to Mrs Padgett, her 
son dropped out of Cherokee High 
School al 16 and attempted to enlist 
in the N.ivy, but was rejiclcd be 
cause h'- \va<; tf.n y<iimj A year l,.l- 
cr. Mr. Caldwell enlisted and was 
slationcil in San Diogo, she said. 



..Uili 



* of another possililo 
.tion between Hie city 
■ II instructs Mrs 
r.empt to obtain ade- 
ialion " 

DCll said thai would 
V would seek payment 
lid if it is condemned 
close to the mailer 
i has set aside more 

I which represents its 
of the parkland But 
membcf^ielieve it 

-more llf,Mp' ' said 

I I who ii^fnol to be 

grounds on which the 
llenge W.v \.!vA on- 
thc sldi. v>a^ ii.il 

unty Superior Court 
e Secliger ruled in 
state couldn't con- 
belonging lo a local 
decision upheld by 
erne Court But the 
•ated a stale condem- 
in 1986. giving the 
hanism it needed lo 
ind. 

h, the stale filed its 

condemn the land 
. stale liA in DcKalb 

1 t'lly Cuuncil niein- 
n concerned that the 
press its case to rein- 
reslriclions 



Prior to Mr Cbldw.ll s ;,rrc.sl 
Tuesday, his whereabouts had been 
unknown to police since he disap- 
peared Saturday, the same day po 
lice first questioned Ben about the 
attack 

Ben. who lost about four pints 
of blood in the attack, had been in 
critical condition and did not learn 
until Tuesday ademoon that his sis- 
ter was dead 

The warrant against Mr Cald- 
well was obtained later Tuesday on 
the basis of Ben's statement lo in 
vestigators and other evidence, ac- 
cording to Mr Charron "As a result 
of his conversation a warrant was 
taken." said thf- pro.secutor 

Mr C(i:rro;. c -lin-H l.i r-v.-al 
5i>ociiii-.n i.-'^; Ill-- :■/ <■■ -i t'lH 
authoniK-i 1u-,sa.;j. tul s.iui hii 
Statements are supported by other 
facts "There is a lot of evidence 
and no inconsistencies." he said. 



Weather 

From P(ifif lA 

caused by a passing cold front has 
helped trigger showers 

The cooler air was also reflect- 
ed l)y frost warnings this week in 
Vermont, snow flakes on New Hamp- 
shire's Mount Washington, heavy 
rains in Iowa and a dip in Lake 



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PIEDMONT \ 





Uii liu-.sdnv. Marietta puiire 
sought a court order lo place Ben in 
protective custody. "If something 
happens to the mother, the father 
could get custody of the boy and we 
don't want that lo happen." said 
CapL Don Kllers 

Early Tuesday morning. Ben's 
mother told her son about his sis- 
ter's death Flanked by Ben's doctor 
and a detective. Mrs Caldwell rest 
cd her hand on her son's arm and 
said. "Sarah's gone to be with God 
and nobody will ever hurt her 
again," according to Lill Andeilon. 
Mrs Caldwell's mother. 

Through his tears, the child 
asked. "Momniv. do you mean Sa- 
rah's d-.-d""" •■•rs Aiidertor: s,.i-l 
Hen w:,' al.-f l-ild tli:it In-. I ill^er 
■ went awaj for a while lo lliink." 
Mrs. Anderton said. 

Karlicr in the week, Mr. Cald- 
well tried to lin his son's spirits by 



pioniiMi.,. ;., Ijiiy hiiii J iMii V.I, ,.: 
vehicle He even brought brochures 
to the hospital so that Ben could se- 
lect a vehicle 

Tuesday when a nurse said "I 
hear you're going to get a four- 
wheel vehicle. " Ben looked up and 
said. "No. not now," Mrs Anderton 
said 

Mr Caldwell's disappearance 
on Saturday was not the first time 
he had dropped out of sight, accord 
ing to relatives 

"He was a good father. He just 
had this problem of skipping when- 
ever the pressure got lough," said 
Mrs. Anderton 

Mr. Caldwell first left his wife 
while 5!n' wa.s s'ill ca'rxing Ben, 
f.imi;> i...-.iilh-rs s:,id He reap- 
peared ju..; bifuie lien v.as bum 
and was gone three months after his 
birth. Ben did not see his father 
again until 1986. 



erty. but Mr. Caldwell started run 
ning when the close quarters got lo 
him. she said 

"It was just like he had two 
wives," Mrs. Padgett said 

During one of Mr Caldwell's ab- 
sences, his wife swore out a warrant 
on abandonment aHer he failed to 
send home money to support their 
young daughter, Mrs t'adgett said 

As a result, he spent about eight 
months in the Cherokee County Jail, 
she said LI TO Caroll of the Cher- 
okee County Sheriffs Department 
connrmed that Mr. Caldwell was 
jailed in late 1969 and released in 
1970. but he was unable to provide 
tliif nal'iie of '.?"■ .■[[..-a;' : 

.'.:r. Cji l.viirs first wile diuu 
several years ago of pneumonia and 
her brother obtained custody of the 
couple's child. 



Kric's temperature aQer waters 
there reached a record 80 degrees 
last week 

Daily high temperatures were 
only in the 60s and 70s from the 
north and middle Atlantic states, 
across the Creal Lakes and upper 
Mississippi Valley and into Mon- 
tana 

The temperatures contrasted 
with scorching weather a week ago 



that broke records in three doicn 
cities in 20 states and Washington. 
DC. and with summerlong heal 
that caused scores of deaths, in- 
cluding at least 45 in the Chicago 
area. 13 in St Ixtuis and seven in 
Texas 

For most of the summer, the 
eastward flowing jet stream was 
over Canada Normally, the jet 
stream would be about where it is 



now — over the extreme northern 
United States, extending over North 
Dakota, dipping down a bit at the 
Great Ijkes and out over the Atlan- 
tic Ocean in the vicinity of Boston 

The weather experts say the ex- 
tensive high pressure system that 
lingered over the Midwest and the 
Northeast this summer prevented 
the jet stream from achieving its 
normal summer position 




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iviuiiniiy 
STREET 
Edition 




THE ATL ANTA CONST? 



«pT*i(ki <r tlH TW A 



MINOAY, AUGUSI '/H. I 'J88 




Sen. Dan Quayle, the Republi- 
can vice presidenllal nominoe. 
has stopped talking atx)ui how 
he got Into the National Guard 
and how he gcA Into law school 
But hi« lathef and his coHeagues 
are talking. His dad, an Indiana 
newspaper publisher, calls his 
son a late bloomer. Detractors 
say he Is lazy. 'I am qualilied to 
be proskfenl,' the senator Sr'iys. 



Privilege Vdwd Way for f 



Indiana Sciialor 'Never Had (o Woiiy" 
As Family Pulled Strinji;,s to Help lliin 



By Bill IMinan 
And .Sroll .Shrpard 

M„//ll,,l,., 

IUINTIN(;T()N. Ind - As u 
tccn^iRcr in Ari/oiia. Danny (fiiaylc 
liKik his Tirsl Coniniiininii as an 
Kpisropiili.'in. I>iil hi- never jtiiiird 
IIu'C'IiukIi llcdKhn w,'ifil to p' <" 



I.iIIk 



v,nv Tlii'V liHik a l<il iif tinii- anav 
liomlMsKuir- 

llurini; his first rampaicn for 
(uiiKrrss at ittic 2ii. Indiana Kcpuh- 
licaii Iradcrs mrt <incf' a work Tor 
lumh in tliu bark room of ,Mothrrs 
Saloon in Kort IVayiic to plan his 
strali'O' Thi* randidatr's wile usu- 
,illt MCMl III till- iiirciiMi'.s Till- can 
ilxl iiMi^.llv dKinl 



ai:«- 3:1 , 

his \ul)< 
slartrd ., 
the nunii 

Tho- 
Danfoni 
his fanii: 
Indiana 
Kiirn a d 
liran ii> 
fuiihoii 
dia rir< < 

III- 




\iood Swings., 
Falling Grades 
I\izzl(xl FaniiK' 
or Slain Girl ' 

Dailli Raises (Jiic.stious 
On Final Year ofllcr Ufc 

By Cynthia Durcanin 

s/„/Ml..r.. 

At 12 Sarah CaldMcll v ;,s ,, 
hriuhl Kill "li" nad :ii ;i liii:li 
M'huiil Irvi'l She lllll^h•'d ><l! 57 
hooks this siiiiiitirr a.s pait iil a li- 
I iai> ivad.illiuii Slir ttiiili- p(.^■ll^ 
,iiid played till- lliilr 

She broiiRlit home straiRhl A'.s 
until this past spring, when she 
flunked the sivlh Rrade 

The dranialie drop iti Sarahs 
grades, coupled with her mood 
iwings and cryinR spells. pu/;Ud 
her family Sarah will never be able 
to explain the rhant;e in her behav 
lor durinK the last year of her life, 
but authorities believe the answer 
may lie in her death on Aug 16 

Kay Caldwell. Sarah s nuilhcr. 
had jiist rc-turneri from a eol- 
leagiies riincral when she discoi 
eied her partially riad dautihUr 
dead in her bi'dro<im and her 10- 
year-old son. Ken. lying semiron- 
srious in a bathtub of blood in their 
Mariella apailinenl 

When I first found Hen. I 
thought Kobbie couldn't have possi- 
bly dune this.' Mr^ Taldwell said 
"A million thoughts were going 
through my mind " 

A week later, her husband J 
Hubert "Robbie' Caldwell, was in 
the Cobb County Jail without txind 
on cliarges of aggravated assault 
with the intent to murder in the 
slabbing of his son Mr ( alduell 
who had nfoiiriled with his wife 
abuol two years ago aRer their 1979 



SARAH CiMlmuodc 



I 12* 




The ZSlh anniversary march of the Fev. Martin I.ulher KinR se Jackson, CorelU Scott King, the R. 
Jr.'s 'I Have a Oreain' speech is led by (from left) the Kev. Jes- Benjamin Hooks, Michael S. Dukakis ai 

55,000 March in Honor of King's D 



By Bob Dart 
And Lorri Drnisr Bookrr 

s,„rtH..'... 

WASHIN(;T0N - Tens of 
thousands strong and singing "We 
Shall Overcome." a smiling, sweat 
ing parade of Americans marched 
on Washington Saturday to com 
memorate the 25lh anniversary of 
Martin lAither King Jr s I Have a 
Dream" speech and to denion- 
strali' that the dream lives on 



"We are herj- today to say that 
we will not bo turned around be- 
cause we still have a dream. " said 
Coretta Scott King widow of the 
slain civil rights leader 

Recalling the words of her late 
husband, who was assassinated in 
1968. Mrs King promised. We 
will overcome "If we walk logeth 
er. children nnd don't get wear) 
If we keep our eyes on the prue 
and hold on ' We will overronie " 
The Rev Joseph K l.owery. 



president of the Southern Chris 250.0(X) 

tian Leadership Conference and and »a^ 

one of the Rev Kings colleagues, can en 

also urged the audience to contin mass d. 

ue the struggle for equality Congrr^ 

"We fought too long, we Rights I 

prayed too hard, we wept too bit Rights 

terly. we bled too profusely, we 20th ar. 

died loo young to let anyt)ody cser march c 

turn back the dock on racial jus PIc to tl 
lice We ain't going back." the Rev y^^, 

l,owery said 

The 1963 march brought *<*' 



lJ}}t()iirJ)(>fl Jvi fJ}(> Boom 



INSIDE TODAY 



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di I i.iiliiii; III U^ini'lU in 
»\.M,'i I'arki'i /III- l■a^ n 



■ ill: nn.ili/.'il ;il II.. ^ 
jl. |»lli . uHl 
.i-ti-r tliiiiiii; IIh- In. I n 
i-\ Imii- vIimIiiiI S;.i..ltv 
>■< liivi' l.-.'ii r..iMil .1 
r Sunili «;i\ ii vii-lii.) 1. 
;il alxiM' I II Mill' 



>;ii<l 



uinllis 



I'-^vU M^tid.-iiiii; lliniiiKl. 
ils> U..1.1II;. J|M,| 



ir ihiiul I 
» .ind hilliiiic hrrvtl ' 

M whiml. Sjiali \u6 !»■. 
■-I»id wilhdrjiwiillial ^» 
™ihi-f^ had brfomi* r.itu 
."■I iilrinal, liild piilir.' 

Ivnn Andi-rlmi a r»iM.i 
Sj>ah\. Imcjii „|, 







iwiu.<;m\Miiiiii>i.rs,i.. 

» uilti<iUiiTi:iil>' hiT it|:tMii ilh ;i 

|M»li-i t»r ai'lor r»lrirli S«ay/r itf 

|tiii> |i;iiiriitt:' lam t ilir u^itl 

In.IIIi-% or llAll iMilisli im liri lilt sv. r 
.■lut l;i|M> ra\s«'llr\ tif miii:i-i\ (;ti>icr 
Mii-hiiri aitd XI.-mIiiiiim 

Hit htiIiiic kik-v ho IiiiiI mI 
il^ih MTrrK Shr wmli* |>iilri»lir 
!»••• tit\ ahiHil lirr rimiiliy. Ilii- |ii\~\ 
••I I liii\tniMs iimt IImmi-ix 

Mil- Nfiilf ht-r Ux| iNN-iii. a I.III 
Uw mIkiuI thr >oiinil »l • immiv 
iii|-lil h) llir iM-i-^iii llir «rrh Im-Ii>m- 
sill- «^\ killtll I'lthrr (..iiiMl ll.r 

■ •.- Ml III Jill ..|M<| ii.HH«mA mi. Im I 

)Im ^'.i-i 

IHiiiiii; (III- |Mvl trai, Rs N;*iiili 
In i;mi In hMv tiiMllilr' sl \4 Ih»I. In i 
mi'tlM'i Ms.lii>il if llirii- w(i> M.iiti- 

iLioi: MiiMiK IImI six- n>uUI I.II 

lit-i iiMHIi«*r hut miKliI In- hIiIi- Im U-II 
it nHiiiMliir al m-ImiiiI. ariotiliMC l« 
\l% AiMli'riMfl Strth UM iM-f flMrili 
■-I DmI mlliiiiK «di\ hittltriiitic In-i 



miJIn 

lli-lalivc) 4llnbiilt-d hci niuiKl 
»viiic« In Ihr fMi lh«l khr nj\ rn 
li-Miii- pubrrly and prrha|i\ Iruu 
III) d hy ■ IrjruilHMi Irom rlrtiH-n 
Ur\ srltmil In junior hiRti 

llrr molhrr «l lh«l afv «J^ 
trrv nHwidy." ncilrs N^rah v (-rjHdfj 
llw-r II I. AmJrrlon 

In fjrl K»% r«ldmll n«\ ih>I 
iniirh nhli-i Ih^n Sjnh mIm-m vhr 
riMi lirr riilurr htntund 

I mrt hiM mbrn I mj\ 14 jnd I 
«^^ Hijdl) Ml Um- «illi him Miv 
I ^Uarll iiXi*ll>-d Arofdinf; In Mlt 
I jlriw.ll Ih.-* Birl in Ihi-rokri- 
1 rwiily nIhm- h.- »4iX |irj«lH IfV hiv 
<iMUr wrih « kT«l kind Hi- m*s 
If A ir^l ciml «l il, IniI bt- niftniH 



K^ 




Kirah raldwell wu k 

Hrr iMl |>o««i (al km 
lh« ■m By Uir llrir (I: 




o A I 



I M an Imrlllcpnl. 
idral UDIII l»lK>r 
aboul Ib^ 6Uri and 
■ « uS.7»t, Itni. ahr 



was u>»l lo ilirlnit Id a >ln(l(-p«->nl htmr Hrr 
fallifr nmr tark uhtn jhr »a> IC lof) rljSI, l> 
Allnnod Elrnjfnljn vrarhook ,■^^'J Oo Jllj tt. 
•Sf «lrbnil<-< hiT lllb HrKo .!^w«r ririitl. 



Mrs. Caldwell Gives Thanks for Support 



llvl>nlhlalluirjnln 



Kljiik. il >.i Hii uiiiiy III lini-d iilii'\. Kay ('aldwi'll 

llijiikrd llii iiii.uiiily Siiliinlav fiir lis mi|i|k.iI hi 

Ilii' iini'nM..II. ..( an alliirk in tthirli Inr 12 yrai iild 
il^.itllili'f » r^ivli'il anil liir III liar iild Min ii.a< 

AnylitiH' )..u liiM* a rliild ll's vrpr liaril. bill lltr 
i.iil|tiNiiiii|e III l.>\r and rnnrrin rinm IliU ronininnily 
liiix iiLiili- il •-.itirr." kll\ ralilwi-ll \ald dnriiiK a 
i..-.» iiinrit llir (aimlv ralPid i.n llii- M.ifii'lln 



.'Its 



Clil 



Mr 



.'ir< 



<lalil>'d 

ll.r l,.,.l.....d. J II1.I 
I bjrkrd in lb.' vljbhinic nl li 



'. Sarali. was killrri ilnr 
i-ir MaiM-lla a|iarliiii*nl. 
Ili-n. was rt-in'Nli'illy 



ildwi'M. bas li.'in 

„ - I anil IS brinK brid 

illiiMjl biiiul ... lh«- rnlih riinnly Jail 

I'bi* lamili i-Kli'iidrd a vlti'dal Ihank yiin In 
irnibi'n III If.' Marnilj 1'i.lirp UriiaflnMtit and In 



AsMsliiiil I hii I lion l:ili'rs. nlii. dii-il In a l>.jliiv .ir 
ndinl Wi'di.i'sdjy 

AsMvlniil I bill Kllrrj oho sinarhradi-d Ibi- in 
vrsliKnli.Hi. ujs hiiriril Salurday and in.MiiiH-d In 
abniil 2.MMI al Ills llini-rill 

Mr r.ibl»i'lls nnilliir lli-nba l'aili:i'll alsi. al 
li'iidi'lllbi' n<'»Miiiili'iriK'i- Urs railtrll ulai has 
i.lhiki-11 »ilb In r sun slim- h» «rii-4l. 'sani Mr j vav 
iiiK bi's liiiHN .1.1 and llial Mils Is |msI Iraniii; bim In 

Mis I aliU.'ll Ibaiikitl tlir rni|itin.'i-s al I'l.il 
iminl ll.»|iilal »bi'i.' sW aiiiks as a nurM-. bir ih> 
naliin: Ibiir saralnni hnurs sii llial >li, nndil sihiiiI 
won- limi' .nil bi'i vni nil., is i'<|>'rl.il I., 1.- i, 
liasi'd M..iiilat fr Ki nniilniK- lliniulal 

Kaniily i.n ii.hirs alsn Ibankiil Ibiir i'm|ibni r- 
liirbidii.i; lli'll S..ulh Miibillly. Irf-iiiral Mi4..fs l'i.i|. 
and AT&T. b<r iimlribulinni 

A Irusi in Ibr rhildirn's naMH* hax lirrn i-slah 
lislN-d al Ibi' I'irsI llnnm hank fm IIiiskHI Mn>H in 
klarirlU 



lilt i!i;u 

rll rrlul 



' Ihal Mr 
in aili' in 
I «db hrr 



I Iir74 kln-n shi dn-d iif as|ibv\i 



liLUsi' Iraib'i 

All (:i,:lri-U 



iH-rjl Ml rald.i'lldisapiaaiid II. 
wa\ arii-sli'd Ibrrr djis Ijli-r miri 
ini; Ihi' aiuilini-nl nf a rn wi.ik.'r 
-| Ihiiik b<- iniihahlt bjs a .|.l.i 



I'll sani 
III- n,-\ 



Kf 



. ki'd 1 



said iriMNllnr hi- |iisl h-n M 
mil viid 

Ihirini; his riKiri %rai . 
Mrs I'aUarll a ntisliii-d 1 
I'lrdmvnl lliis 



il hi'i 



allii 



d ansni'iiiii; Itn-ii 



»hili' hi- niiiki-d in Kit Ki-sl Ma 
as a shrini|H-r llr said nami- . 
drar and br had di.in- il Urs 
I aM.rll said 

Ur rald>i-ll Inhl his .11,' I. 
had siNicM hi'lp al a irhahililali..! 
ri-nlrr tnji sIh- saul she nrs.'r ii'ii 
liod •h.ihi'r hr dnl 



lidd his i-stranp-d ailr Ihal it was 
limi- Sarah 10 ami Hin II hail a la 
IhiT -\ wanliMl In brinti- him b' 
I ausr Ihi- kids nrrdi'd a lalhs'r atui 
I ni-«-d him ' stw saul 

llr li.hl his .llr hr .lailid 
ii-adinc a kiaik lalbil lhr lldih' 
sanl I III Amh'il.Hi \I| Tahlnrll s 
■fcrfhri tnlaa II.' itta'a h.' t.aibl 



I Mi..^ In- krs had 1 
ilalb llir p4 In hiin In 



mil Ina- hdi 

Uis laUnrll saHl >kr Mrr 'llail a IUibI' nn ^i-lillu: I 
Irainiil ftian hrr hmlmd Ihal kr 

'' " '- '^ *■ TW .tnUlm iirir s*. ,• 



Ml rabl».ll • 
|.anl a UA M al 

said 
Ur 



i«d lalbi r. ohu 
II In Sarah Mr 
.Ms Andrrli.n 



(la. 11 and his dauKhln 
s|n-nl hmi I'-^rlhrr rradinn and 
nalrhini; ii-wn's im |hi- vidrnra\ 
si'Ur n-iiirdii Ithik- Ur laldarll 
ii-ad h.wi>>r S.'ks hrarina surb li 
Ib-xas Inal.'l Kalh'and The As 
sassiM. Sji .1 .IrUrd Inin Naurs 
llii>« U.-l. 



T.ii da.. 
Tab ami hi 1 
Sin- sjnl si 
I ablnrll -aid 
hnl Iho on 
Mum liai V 



U> didn I . 
laM.rll sj 
nin liina- 

dat tir<i>n- I 
msrmal das 

hand >riil I' 

l.^i-lhrt III, 

• alib.'d Jai 

Thr nri 

■an ki'r dau 



1 dralb Sa 

r. bail a Masl. Mrs 
) M.r ranicbl fur nth 
I. so small shr lhn-« 
K. •! alMi an asul ftsb 
< I., on lhr lri|i llr 
. Ihal day llr pni^ 
..'. np hii room Ur. 
a ifMnf In rrmrnibi'r 
I 'f. du(hinisi< 
I <.. Mrs riM»rll lhr 
Is iniidrnl na« "luM a 
S'Hhini; mil of lhr ur 
rsd Shr and hrr hui 
>>>rk » usual, and Sa 
«ift.'r nalrhrd j movir 
; i.£hl I Ihink lhr> 
• shr uid 
I t.mr Mrs I aldwrll 
M. r shr vas drad 
' ta.. nrrks brfofr lhr 
1*.' aparlmrni »hrrr 
' .Ir rndrd Al polKr 
'.srshfalr Sarah's 
a Jarll uid lhr hat 
I ask hrrsrir tomr 
'' 'Ms inrludinf lhr 
'.sihi-r hrt hushaiid 
. "..11 dauchl.-r \ni1 



© 



c 



t'.llrli Ihr I llirs si (l.'i'cl III. M 

|>.llks III llli' niHlltl lllsl 

Aiii:iM(l. sdiiii- Di-K.illi ii,..>..is 

Mill. S.l\ III,' lipilNlll.MI . Ulll 

llinMli'ii pliiiis Id ii'iiiiv^ili' llii'ii nlv 
IKirks l)<M'.ilui Miivoi Miki' Mr.irs 
s^iiil hi- wiiiililiil (iiiiMdcr (liirtinc 

|uik lunixrlv III Ihc r I\ 

Tins Hill h.ivr In lie .1 (liTiMim 



IMi'ssi'd s hir ii'> 

iK'K.iili (' I 

llllilr Hlim $1 7 nil 

llllllls III! II'IIIXJI 
.i«M,-.l|..l.ks 

Tlir ciiuHlv IS 
K^ill. iiliis III'. 

('ll.llllllllT. Cl.llksll 

l.ikc ^iikI SIiiiii' Mi 



i"i;il s slum's jlliirhi'il II IS siMiiilunI hihI ciisluni^iry Mr (iiiii 

t li;is srI jsiili' Wr Hill' li.lil lli.il IIm'ii' Ii.hI I.iiii'ii.iim' liir Itiiil ly|H' of liiinil. " drUlls iif I' 

I I Ihr IhmiiI Ihi'ii .III ciiiii in Ilii- iIi.iIImii: iiI llir '.ml Imk Ailums, riiunly riiiiiriri»l mcnis unlil I 

iiiMs III III t'llv li I'.il iliii'ii Ills s.imI .1. s II Mi.iii.iK'iiii'iil .'inulysl Tin- I;iiiku^ii;i' Tiri' had pn 

liill. ( hiiiiddrr's sii|H'riiilriidrMl id in ihc iKiiid tssur rails for "at-f|iiir all of Ihr nit 

iskinc si'vrn III- pithlir wiirks inc. ronslriirlinK and equipping OfTinals ■ 

;ilur. IIiilimIIi'. Mr llill said lir ».is lirirrid nil |,.iiks rirri-alional ari'as and rc'lal villc havr in 

II I ilhiiMi.i I'liii' ihi' slipiihilKiii wlii'ii III- mil Willi ,d r.irililii's III !»■ iiwiii'd. opi'iali'd property lu II 

mil. III! lu par ,„iiniv paik iifrinals imludinK Jii d ni.imljinid liv lh<- roiiiilv " hr Wi- Irir 



■m 





Bit Caldwell is all smiles as he and hi.s miither. Kay Cald- 
well. |e:u'.. K'.iinesl-iM.' ll.'Spilal Mnnday. Ren spent aliii.isl 



I weeks in the hnspilal recovering from mulliple slab 
inds and a skull fraeliii'*. 



Marietta Stabbing Victim Leaves Hospital 



Boy, Willi ViVII-\^ inhere' Toys, 
Mmcs In \^'illi GraM(l|iareiits 

By Cynthia Durcanin 

V,fl«..l.' 

Nearly Iwo weeks aHer he was stabbed 
and lefl Tor dead in his family's Marietta 
aparliiicni. Ilt-vear-nld Ben Caldwell led Ken- 
ne'iliini' Hnspilal Monday armed with enough 
Kids and stiilTed animals to line the shelves of 
a toy store. 

"HiRht now I don't knou what lo do with 
Iheni." Ben said, referrinf to the more than 
200 gills he reeeived Ben's molher. Kay Cald- 
well, said several ears were needed to take 
the toys lo her parents' home, when; she and 
Ben now are living 

The gills have helped deflect the young 
boy's atlenlioii from the de^lh of his IZ-year- 
old sister. Sarah, who uas soiually assaulted 
and strangled in Ihc same Au( I6lh allack. 



Mrs Caldwell diseoveri-d her daughter's 
body in a bedroom and found Ren semi-con- 
srious. lying in the bathtub in a pool of blood 
lien was slabbed five times, apparently with a 
pair of scissors, police said Ben also sulTercd 
a skull fracture in the atlacC. which temporar- 
ily ha^ affected his vision, requiring him lo 
sondinies wear a patch over one eye Doctors 
said Ben piobably woii'l need physical thera- 
py, but may need psychological counseling in 
ilie future 

Ben's lather. J Itobeit Caldwell, was 
charged with aggravated assault with iiileni lu 
murder based on sLalements the boy made 
from his hospital bed. police said Mr Cald- 
well, who IS being held without bond in the 
Cobb County jail, has not been charged in the 
slaying of his daughter The iiivesligation is 
continuing 

Wearing a Marietta iMilice badge and a 
"Who Kramed Roger Kabbif T shirt. Ben 
bounded up the slairs of his grandparents' 
home and rushed lo his room lo survey Ihc 



gills he received from do/ens of strangers 

"Ciolly." he said, diving for a sel of build- 
ing blocks to construct a jet airplane 

As Ben inspected his gifU. friends and 
family members doted over him. while others 
fussed by phone An aunt, who railed to ask if 
Ben wanted anvlhing special for lunch, dis- 
tracted Ben long enough from his toys to re- 
ceive a one-word answer. 'Shrimp " 

Ben. who missed the first day of elemen- 
tary school Monday, is not certain when he 
will return to school He said he was in no 
huro' 

Mrs t'aldwell said Ben has not discussed 
his sister's death since the incident "They 
IlKilice and hospital orncialsj said let him talk 
at his own pare.' Mrs Caldwell said 

While in the hospital. Ben was under 24 
hour police prolcclion Although authorities 
said they no longer belieie Ben is in any dan 
ger. police said they plan to step up patrols in 
his grandparents' neighborhood 



Metro Report 



2 (MARTA Buses Collide, 
Slumming One Into Car 

I II, S,„() 

A M\U- ' ' . ■ ■ ■ I. ■! 
rea-ofaiK li"'i :.'..\ll I A liii~ V. -id.i, 
eveninti. causing that bus In hit a 
rar in front of it that had slopped lo 

Inn,.! -vil,-. 



though Mr llebrr llewit said no 
was seriously injured 

Father Kills Tamily Hoj^ 
That Attached His Son 



mail 



a I'l 



D«K«lb Group Registers 

As Campaign Committee 



registered «j a campaign ruiiimitlee 
Miinilay with the Geurj(ia secrelai> 
of slate's ofHrr. aller • judge ruled 



elude the names of Ihr tup Ihn 
1 umniiHer olTicials on the letter 



Conjers Mfln Sought 
In Roommitte'k Slaying 

A r«nver» n«-»n tii« hf 



iludeiiU. 

feet of U«-<^ 

„•,„ on H* "' 



G 







u- 



THE ATLANTA CONSTITUTION 



.WfDNESOAV, SEPIFi^&ff* 1. 1988 



ite^Possible Legal Obstacles to Dome Financing 



while Iho privalrly o|H'ratcd (iror 
gia Stadiiini Corp and llir AIIhiiI.i 
Kalrons proHl Truin it lie also run 
lions (ha( plans to rarniark a por 
lion or Ihr hotel iiiolol tax as Ihr 
source for much of the public's 
share of the $158 million facility 
could be risky 

But Clark Stevens, director of 
the Governor's Office of riannin^ 
and Budget, was confident Tuesday 
that all of the potential problems 
cited in the attorney general's letter 



can be overcome 

"I don't see aiiylliiiig as insiir 
nioiintable at all, " said Mr Stevens 

Mr Ilowers wrote that the 
stair's participation in the dome 
project could be construed as a 
"gin or gratuity of public revenues 
to private operators" and thus be 
unconstitutional if the Stadium 
Corp and the l-alcons showed a 
profit oach year while the state lost 
money 

Under rurrent finanrial projrr- 



linns, both Ihr Stadium Corp . 
whirh would be in charge nflrasing 
suites and hot seats fur fnnlball 
games, and the Kalrons would real 
l/e profit annually from using Ihr 
farility about Ifl limrs a yrar 

But the projrrlions say Ihr 
statr-ownrd Cicorgia World Con- 
gress Crnirr ((JWCC). wliirh would 
own the sladium and lease it for 
other evrnLs during the remainder 
of the yrar. wciuid lose more than $2 
million annually in operating the 



72.000 seal facility 

Mr Bowers wrntr that it would 
br "diffirult " to grt around the con 
stitutional proliititlifMi by showing 
that the public's invrstmrni in thr 
stadium could be offset by in 
creased sales tan revenues general 
ed by the facility 

"Kvery private businrss pro- 
duces sales lax revenues," Mr Bow- 
ers wrolc 

Mr Stevens maintains, however, 
that Atlanta and Fulton ('ounly. not 



the slate, will br If^(>onslblc for 
footing thr bill for e'/»r.< operating 
lossrs A portion (^ tr^ local sik- 
renl hotel motel l;it iryrfc than $5 
million annually rji^ tK^n dcsig 
natrd to pay off l^<i^ public portion 
of Ihr domr debt i.'«3 lo make up 
for annual oprratirii !<)s<*s 

The state's mijor rontnbution 
lo the project Jl< Billion for land, 
could not br ccpnsKj*T«J i financial 

DOME Conl«v«<J on SC 



fWT 



-^-■•^- 




CALVIN CRUCt/SW" 



James Robert Caldwell (lefl) talks with his attorney. Jimmy Court. Mr. Caldwell will be tried on attempted murder charges 
Berry, after a pretrial hearing Tuesday In Cobb Magistrate in (he subbing attack of his son, Benjamin. 

/ 

Marietta Boy Awoke to Stabbing; Court Told 

Evidence Meiits Putting His Father 
On Triiil for Attack, Gobi) Judge Rules 



By Cynthia Durcanin 

S..«lln.,, 

On the morning of Aug 16. 10- 
year old Ben Caldwell was awak 
'>>«< lo the sound of his father 
Jhouling -Brnjamin' and then 
IhruMing J knifr 6 inches into his 
^l^afcording to court testimony 

t^»^rd on statements Ben 
IxHjrrur.H ,."""'* magistrate 

--"-L^Vryt::;r;'o^'; 



Caldwell on charges of aggravated 
assault with intent lo murder his 
son 

Mr Caldwell has not been 
charged in the slaying of his 12- 
year-old daughter. Sarah, who was 
raped and strangled the same day 
at thr family's Marirtia apartmrnl 
Although Mr Caldwell has been 
lat>eled Ihe prime suspect in the 
slaying, he has not been charged 
brcau.se investigators say they are 
still awaiting test results from Ihe 
State Crime Ijib 



On Tu(s<;j>. Marietta police 
('apt Waller Parker Irslifird at a 
hraring before Judgr James Bodi 
ford to discuss Ihe allegations 
against ^Ir Caldwell in connection 
with Ihr slabbing According to 
Captain Parker. Ben suffered six 
stab wounds 5 lo 6 inches deep 

'The bed was saturaird (with 
bloodl." testified Captain Parker, 
who was the only witness Tuesday 

Mr Caldwell listened intently 
as Captain Parker described in 
detail the blood spaltrred apart 
ment where thr children were 
found Bloody prints wrrr also 
found on Sarahs body 

Whrn Kay Caldwrll. Hrns 
mother discmrrrd hrr son nrarly 



eight hours after the attack, be 
was lying face down in a bloody 
bathtub "She called for thr chil- 
dren and no one responded." Cap- 
lain Parker testified "She Ihoughl 
she heard someone mumble, went 
into Ihe hallway and found hrr 
son in Ihe bathroom " 

A moment later. Mrs Caldwell, 
a nurse, found her daughter in her 
bedroom She checked thr child's 
pulsr and found that shr was 
drad. Captain I'arkrr Irslified 

Mrs Caldwell also found 
around Hen's neck a sash that be- 
longed to Ihe dress she was wear- 
ing, police said Mrs Caldwrll had 

CALDWELL Com.nuad on 4C 



Ckyton 



OtluT Mctrti Counties, 
Atlanta to Dis.u>s Topic 

By Donna Ur»sj Sbealy 

And Johi Bnd> 

.si„/;u^.. 

Clayton Count; called an end lo 
a long, drj' sumr-.' Tj'sday. be- 
coming Ihe first ntrtfo county to lilt 
outdoor watering re^lnrtions 

m Clayton apprx^f^ S(0 million 
budget. 2<AmiUu I c: Piic2C. 

The cuiint) ! -.■.-: i„II,orilv 
manager said ir.v ;- r.-rts of rain 
that fell over Ihe Ubor Day week- 
end were enough lo end Clayton's 
participation in uii^so area water- 
ing restrictions in place since early 
June due lo dry condiliooi 

Water departn^ol oTTicials will 
meet Wrdnrsda\ lo disniss the con- 
tinuation of reslnrtjoos at a confer- 
ence at the Allanu Kr^onal Com- 
mission (ARCl TV Kfeting was 
scheduled before Claiton's deci- 
sion 

Clayton has rv.-ifi »aler in ils 
four resenoirs lo Ir-fp lips running 
until Kebruary %:l.',ogl any addi- 
tional rainfall, si-d Welvin New- 
man, general ma rjirr of the county 
Water Authorit> 

"11 would be "'rv dilTicull for 
me with a straifV. fiof lo tell peo- 
ple they couldni •aicr especially 
aHer 5 inches of rim." Wr Newman 
said 

Other officialf •err more cau- 
tious about the mprmnnent in the 
water supply 

'The ram helpwi ot»iously. but 
we've still got a irmmdous deficit 
in the levels of LUr Unirr and 
Ijke Allatoona "tierT Belro Allan 
ta gets most of ib »alfr " said Har 
old Hrhns. assisual director of thr 



WATCH Co^' 



>sc 



s Say They Mav Close 
'0 the Parolf^ Board 




c 




property for a clienl The 
lie are lash or cashier's check, 
[jperties are advertised before 
en sold lo the highest bidder. 



(■corKe Amdt. the sherilTs exerii- 
live aide 

l,:is( week ShrrinT (.iinhrord s.iid 
he asMf^iH'd Ins deputy out of (tin 
cern for the safety of the Kind fam 
ily Both civil richLs loader Martin 
Ijither KinK Jr and his mother. Al 
lierta Kind, were killed by assassins 
But a Kinc ("enter administrator 
said Tuesday that Mr WillouRhby 
plays a larRcr role al the center 

"There are jusi Miinc precau 
lionary IhiiiRs he's been poinlini; 
out lo us. like in niovini; Vll's 
around. ■ '' Bernard James, the 
center's chief .iJininistrator "He's 
been a tremendous lesson to us " 

Mr WillouKliby has not respond 
ed to requests for interviews 

Mr James said the enter's own 
paid slalT of three securiiy piards is 
beniR trained by Mr Willoughby. 
who receives a $24..')2fl annual sala 
ry fVom the county The center is 
seeking to hire a fourth security 



loo many queMiuiis. tii: b«tv. 

Mr James said the renlcr i . 
lucky to tiave a law enrorceiMfol ni 
ficer on the premises The criitrr 
own stall IS uniformed but do<\s noi 
carry weapons and has no arrest 
liowers. he said. 

"We have heads of state con 
slantly in and out of here, and fain 
ous entertainers." he said "Re 
cause of the attraction of the Centre 
and the large tour groups here. \m' 
have street people begging from 
tourists We almost have lo call tlic 
police on a daily basis " 

Fulton County Commissionei 
Martin I.utlier King III. son of tlu- 
Rev King and a member ofllie ecu 
ler's t>oard of directors, said last 
week that Mr Willoughby has bolh 
protected the family from potential 
ly dangerou!/ intruders and he[(>ed 
the commissioner when his ear 
broke down in April * 



Order lo Qiwn Records in Lav'siiit A«;airTst Priest 



rause the (a« is subj.Tl In rrpi-ai ^' 
could Ik- lied up ,n Ing:.! vMUn^'^ 
1 he tax could also fail m fuiur'. 
year's lo produce i-nougli money in 
pay the required public rosls he 
said 

. In his Uller. Mr Bowers advises 
that It would be safer instead for 
Ihe city and county to designate a 
.si'.t-amounl of money each year for 
liio stadium rather than linking the 
contribution direclly lo Ihe lax 
"That may be the way we have 



Parole 

hroin I'dtic Id 

lo prosecutors" files might result in 
the release of some dangerous pns 
oners "We could be in a position o( 
somelimes releasing folk vi- 
shouldn't be releasing, he said 

Toombs Judicial ("ircuit Oistricl 

!>iKtrnoy Dennis (." Sanders, presi 

d'lil of Ihe state District Allomn 

,. . i.ilion. .said the matter will l' 

' "n I'M' »i;'-llH;l of the |irii 



that a lower court niuM respect and 
follow the decision of a court of ap- ' 
peals in a prior api>e3l in the same 
case " 

The dispute over the records 
began in August 1977, when former 
Columbus resident Vicki Henee 
Long filed suit againsi Ihe Rev 
Donal Keohane and Ihe diocese, 
which had jurisdiction over him 
while ho sersed as a hifh school 
teac^ ~^nd minister in the Colum- 
bus^ j^H The lawsuit, according to 
one<^Pnc judge's orders, involves 
issues of paternity, legitimacy and 



filed. The judge took the action 
without other parlies to the lawsuit 
t)eing present Alter he refused, in 
response to Ihe newspapers' mo- 
tion, to hn the seal on Ihe docu- 
ments, the newspapers appealed 
the decision 

The newspapers' attorneys have 
noted in their briefs that in Ihe few 
cases m which orders sealing civil 
pleadings have been considered. 
Ihey have been uniformly njcclLd 
The attorneys also found '"no case 
in any court at any level in any ju- 
risdiclion in which such an order 



ol this civil suit ri'* not cl-.:ariy ».ui- 
weigh the public interest in open 
access to those records " 

The majority opinion, writlen by 
Georgia Supreme Court Justice • 
Richard Hell, said such public ac- 
cess "prolects litigants, bolh pre- 
sent and future, because justice 
faces its gravest threat when courts 
dispense it secretly Our system ab- 
hors star chamber proceedings with 
good reason. Like a candlf. court 
records hidden under a bushel 
make scant contribution to their 
purpose " 




till- gay ciimmunity being placed in 
lio ' J?*'"'^"'"' "'' '*>"'s 'h* qucs- 

10 ai'-J^"^*'"'^ ""i he talked to 
•>e«(iS "''■"^"'^- •"<! "Itot a very 

thetT^ 'bout Ihe center moving 

**"~^rT'f I.'^ ' ■"'"<>"•> of 
■" '" lh.l rV>», '■"^"'''I'f scr 

• '"^ in thai entire 

^ ^„"- fnlr, w '"■ ""»l op 
•^ "■"'•"'WuJ.'"'^""'h«'dl 

■*e vinnity 



Carl K Hubbard, a retired edu- 
cator who lives directly across the 
street from the Kings, said he has 
not yet made up his mind 

"I worry more about drugs than 
I do about this jccnlerl. ' he said 
"I'd like lo know what the Tarts are, 
and then I'll make Ihe decision for 
my family " 

Carl Hubbard said he wants an 
swers lo questions about how the 
clinic would operate, how many 
people It would service and how 
parking will be handled 

"If It's ronlrolled it wouldn't 
bother me. and what I mean by con 
trolled IS where ;t dm-sn I interfere 
wilh the lifestyle (if oilier lax paying 
people in Ihe rooimuoiK ' he \aid 



Cald 



,\^Ci L 



From Pofie IC 

pulled Ihe sash out of her closet 
that morning but had decided to 
wear the dress without it and left It 
on her l)ed. Captain Parker said 

He testified that Ben apparently 
went into the kitchen aller the at- 
tack, stood on a chair and reached 
for a pair of scissors and attempted 
to cut the sash from his neck 

Captain Parker testified that 
Mrs Caldwell cut the sash from 
Ben"s nock W'hen she found hiin 

When asked why Ben made no 
attempt to call for help. Captain 
Parker testified: "He said he wasn't 
familiar with the 91 1 system He did 
not know how lo use it "" 

About four days after Ihe attack. 
Ben told police that his father 
stal>t>ed him. Captain Parker testi- 
fied "He said he was in his bed and 
woke up when his father grabt>ed 
him and shouted 'Benjamin'' then 
slat>t>ed him " 

When Ben initially described 
his attacker lo police, he said (he 
man had a tattoo, was wearing a 
brown unirorm and drove a black 
and maroon pickup Cap(aln Parker 
(estified that the uniform descnp 
(ion was consistent with the type 
Mr Caldwell wore at Butler Tin>. 
where he worked Mr Caldwell also 
drives a black and maroon pickup 
Captain Parker did not testity in 
court that Mr Caldwell had a Ulli>ii 



fjil rel;-f — that's good On Ihe oi- 
ex band, if closing our files crcat- 
a situation whi're the offenders th'" 
arc letting out are more violei' 
than others - we're harming wh 
vie're trying to repair " 
. Oconee Judicial Circuit Distrir 




e 



e 



c^ 



LawycT in Case: Says 



Ky(.jilK|islnn 
And David Corvrttc 



v.,rt 1 



iiM hi 



HllllMI (III 

si'SM'd muri- IIliii SlTi niillioii in 
ririi'^ >r pl.iindns III ;i l;iwsiiil rh.il 
li'ii»:in): fiMidlliults 111 Iho ruunly jail 
stirciM'd in h.-iviiic Ihi' niunly held 
in ronliniiil of ruiirt. tlir phiinlilTs' 
LiH-vtT s;iid Wednesday 

tioberl W Ciilleii. the lead at 
l(iriii'> lor Ihe ioiiK ninninf^ class ar 
(ion Iju^uil. said he plans In file a 
nuid.in askiiiR US IlistncI JiidRe J 
()«fn Forrester to hold Ihe eounly 
in (MiKenipl of « consent decree be 



onli 




lo sleep on the 
lloor of Ihe over 
cr(i»ded jail 

The jud(;e. 
who had stayed 
a previous con- 
tempt motion. 

vM d tlial stay ,. 

late last week ^orrest'-f 

and <aid he wiiiild hold a cnntenipt 



ti.iiiy iiiitnrs (ImI apparently (In, 
has not tieen successful " 

Two years afio. the judge fined 
Ihe ciiiinlv $100 for every inmate 
sl.epmi; on Ihr noor of the jail The 
i-niin(v deposited approximately a 
huirniillion dollars iiilu Ihe court 
r4-);istry. and would owe at least $15 
niilhoii more if the coiitemiit motion 
IS retroactive for IH months. Mr 
Cullensaid 

"We will be seeking to assure 
that the county conies into compli 
aiice and stays in compliance wiDi 
the population cap," he suid 
"TluTC probably will bo other mo 
tions filed over the next several 
weeks uddressiiiK other issues iil 
the jail as well " 

The plaiitlilTs' contempt motions 
ask that any money assessed against 
the county "go toward solving the 
problem at the jail." he added 

While county officials do not be- 
lieve il likely Judge Forrester 
woiilil iiripo'e such a penally, ('nun 
l.\ KiiijiKc Direilor W. Hoy Siinlh 
said a Slfi iiiillioii line would "de- 
stroy" the ipilff till !>:"( and reqiiir<! 




I oiiiity (all liy reiiiiiving a i oni rete 
block from Iheir lell and scaling a 

TIm inmates. Michael Hay I'ugh 
2V.. Ill lliiford. and Kelipe llalton 
Dobhs. IH. of Hfi» Itegency l)ri< 



Lawreni 
III Korsyth ( 






long. 



ere said to be seen 
iinty on Wednesday af 
crs said 
I'd into Ihe jail yard 
and 7am through a 
(lassagi'way behind 
Iheir cell wall where jilumbing 
(ilpes are inspeited. said Maj Kurt 
II HIanott «I Ihe (iwiniiett County 
ShenfTs department 

The inmates then climbed a 
ulihty shed and scaled the fence, 
which they covered with sheets and 
blankets. Major HIanott said It is 
believed they were assisted by ac- 
quaintances, he said 

It was the first escape from the 
jail since l<«82, said Cwinnett Coun 
ly .Shcrifl Hnhhy (; I'lonketl 

"They |ili<pu(ii-s| did a couni al 
stun chaiij',e jal ni.diiighlj and when 
Ihev did the count this mornin ' 



I excavate 40 fert lieliiw 
if Ihe 5U-slury buildinK. 



ncu jail would remedy |irobleins 
with overcrowding The court judi 



: IHANKFUL 




«f Nl f l4ANNANVSi*« 

llndrews beam with happiness al their iifw home. 



to families the 
for a down pay 
i by an Urban 
JDAG) from the 

and Urban De 



velopment It is Ihe first time UDAG money 
has been used for housing in Allanli, icrord 
ing to Gary Holmes, the city's director of ectt 

HOUtC ConnnuMl on 2a 



JAIL Cont.nuod on 68 

Father lo Face 
Murder Count 
In Girl's Death 

By Charles Walslon 
And Gene Moiris 

J Koherl Caldwell will b. 
ch.u-J..-<t with inurit.-r in (he sLijinj 
of his i:>var-old daui;hler, S.irah, 
who was raped and strangled in the 
family's Marietta apartment on Aug^ 
16. Cobb County Illstrict Attorney 
Thomas J Charron said Wednesday. 

Mr Charron will consider seek- 
ing the death |>enal(y He said the 
case probably will be presented to a 
grand jury within two weeks 

Mr Caldwell has been charned 
with Bssaull to commit murder for 
the stabbing of his 10 year old son, 
Ren. who was attacked and lell for 
dead in a bathtub Aug 16 The boy 
recovered and identified his attack- 
er, police said, and Mr Caldwell 
was arrested Aug '23 alter he had 
disappi'ared for several days Mr 
Caldwell. 42. is iHing held in Ibe 
Cohb Coui\ly jail 

Mr (^harron's office this week 
received the results of tests to ge- 
netically idenliiy samples of blood, 
saliva, semen and ham taken fh)m 
the crime scenes He declined 
Wednesday lo reveal the results of 

CALOWU.L Comnucd on 2« . . 



IIh* tiwinnctl Coun 
court appearance 

Dobhs was being hi-ld on a 
bench warrant for (jwinnett County 
Hecorden. Court, a probation viola 
tion. and was waiting trial on 
charges of giving a false name, 
criminal trespassing. theR by re 
ceiving and two counts of burglary. 
Major Blanoll said 

The men were being held in a 
cramped cell built in 197.1 as a stor- 
age area, ho said The cell was con- 
verted to hold 24 inmates, but 75 
were being housed there when the 
escape occurred, he said 



ivieal 

hinn I'tif^r Hi 

keys and 150 hams had been given 
-So far, $35,000 of the estimated 
$157,000 needed to feed the 45.000 
people expected for both holidays 
has been raised 

About 3.000 volunteers are 
needed and tliose ranks are niling, 
but more cooks are needed Those 
wishing to help may call 373 5751 

Volunteers, he added, often ben 
efit more than the people they 
serve 

"Atlanta is not loo busy to love," 
he said "What makes the program 
so great, for everybody lo have a 
happy Thanksgiving, (they) don't 
need a meal There's just so many 
of us who need to be needed " 

The people who are fed ma) 
also use Ihe showers in the gymna 
slum, and free clothing and medical 
attention will be available Knter 



ttie south . 
.Maynard Ti 

Last sui 
insiiily - II 
nan profit ( 
publiciied b. 
my Carter - 
across the s 
Square and 
poor work I 
neighborhooi. 

Now, cili 
creative, lor 
bmughl pcid 




r 



„.,( ,.r shoi.iiMC 



\n- iiiui^d's. Mirhaol l(;iy I'uMh. 
r Hiircird. anil Kcliiio Diilton 
.f Wis lioKfi 



illr 



lid li> 



III Korsyfh Cminly on WcdncMray iif 
lonuHin. oITii'ors suid 

I'hoy scurnrd into tho jjll yard 
botwoon 3 u ni and 7 a ni through a 
long, narrow passageway boliind 
Ihoir coll wall whoro plumt>Mig 
pipes are inspected, said Maj Htiii 
II HIanott of the Cwiiinell County 
ShenlTs Department 

The inmates then climbed a 
utility shed and scaled the fence, 
which they covered with sheets and 
blankets. Major Klanutt said It is 
believed they were assisted by ac 
qiiaintances. he said 

It was the first escape from the 
jail since 1982. said Gwinnett (oiiii- 
ty SherilT Bobby C Plunkett 

"Tliev IdepiiliesI did a count at 
shin cli.'iiio- I.M midni):lil| and when 



ili.iiKed by lend. 



House 




litmi I'dfj' l( 

limine d<velc.piii.-nl 

To iiualifv, U ehin.is „iusl 

have a household iiuiime urSIH.IKKI 
to $;iO.(KX). live 111 Ihe Iioum- Ihcy 
purchase. qujlil\' for a first moil 
jjace under KIIA Klildehnes ,iiid p;iy 
il.tXK) cash to cover i losing costs 

The $-..'ti(l,(HK) IIDAt; craiil will 
be divided into 20 $I3.(K)(1 socdiid 
morttianes which will he used .is 
down payment on Ihe lirsl iiiort 
Kages The Urban Itesidenlial Ki 
nance Authority allows honiebuyers 
to purchase Ihe first niortgatjc al 9'/k 
percent interest, which will make 
monthly mortgage pavmciils jImuiI 
$500 

Kdgewood Square is in tin* 
Kdgewood section of Atlanta, where 
the city l.niiiched one of il.s niosi 



Tins is A city on the iiiov. 

il \ not pisl l.ill bii oKs and I'u:. 

huiiilred million dollar invcstmenls. 
IhoiiKh we've (;ol llitise. loo." Mayor 
Vouii^ said -feopl.' say. What are 
you dollii: for pool people with all 
the development'' Well, we're help 
ing poor people to live like the riih 
"The public private partiiersliip 
has iiroduied, I tliiiih. some ol the 
finest home liuys I've heard ol. " he 
said "Houses like these would cost 
$2.')0.1X)0 to $.100.1X10 in Washington 
or New York " 

The Aiidrewses' two story house 
has light tuown carpi-ling, a fire 
plan- Ml the living room and a chaii 
delier in Ihe dining room Th** 
kitchen is outfitted wilh plenty of 
eahiiicis and a disliv.'.isher Mr anil 



IS Movir 



Moving Sale Beginni 









till 



■ J:,. I peu.liMg , 



■111. 



court appearance. 

Doljbs was being held on a 
bench warrant for (iwinnett (^ounty 
Recorders Court, a probation viola- 
tion, and was wailing trial on 
charges of giving a false name, 
criminal trespassing, theft by re- 
ceiving and two counts of burglary. 
Major Blanott said 

The men were being held in a 
cramped cell built in 1973 as a stor- 

ie area, he said The cell was con 
ied to hold 24 inmates, but 75 
fre t>eing housed there when the 
escape occurred, he said 



-ML 

m 



Avenue on the east. Interstate 20 on 
the south and Arizona Av(>nue to 
Maynard Terrace on Ihe west 

Last summer. Habilat for llu 
maiiily the Americus. Ga based 
non-profit Christian organi/atuHi 
publicized by former IVesident Jim 
my Carter - built 20 houses just 
across the street from Kdgewood 
Square and sold them al cost to 
poor working families in Ihe 
neighborhood. 

Now, city officials said, their 
creative, long term methods have 
brought pride back to an area that 




Fnnn Pagt' IB 

keys and ISO hams had been given 
So far. $35,000 of Ihe estimated 
$157,000 needed to feed (he 45.000 
people expected for both holidays 
has been raised 

About 3.000 volunteers are 
needed and those ranks are filling, 
but more cooks are needed Those 
wishing to help may call 373 5751 

Volunteer?, he added, often ben 
efit more than the people they 
serve 

"Atlanta is not too busy to love." 
he said "What makes the program 
so great, for evcrytiody to have a 
hsppy Thanksgiving. Ilhey) don't 
n-ed a meal There's just so many 
of us who need to be needed " 

The people who are fed may 
also use the showers in the gymna 
Slum, and free clothing and medical 
»tlenlion will be available Enter- 




What: Feed the Hungry and 
H ometess ThafUts fllvIng Dinner 
Wh»n; Beginning 10 am, Thurs- 
day . 

Whera: O'Keete Gymnasium. 
Georgia Tech campus To voJun- 
leer. ca« 373-5751 



tainers also will perform, the Rev 
Williams said 



i;iiii 

'We've been trying to gii tins 
done since . what was Nixon's last 
year as president''" said Charles 
Turner, the presideni of Neiglihoi 
hood I'lanning Unit 0, who e« 
plained that federal money for the 
project has been dangled and with 
drawn since 1974 "This is a good 
start " 

City olTicials will next work to 
secure more federal money for 
Phase II of Ihe Kdgewood Square 
project, another 18 homes for mod 
erate income families, said Mr 
Holmes 



From l\i^c Hi 
those tests but said, "We feel com 
fortable enough lo present the en 
lire matter to the grand jury." 

Mr Charron said he probably 
will wait until Dec 8 to present the 
Caldwell case 

Sarah Caldwell was strangled 
with a shoelace or a piece of cloth, 
a medical examiner's report said, 
and evidence in 
dicated she was 
raped, prosecu 
tors have said 

Mr Caldwell 
was not initially 
charged with 
murdering his 
daughter be 
cause police 
Caldwell were awaiting 

the results of the genetic tesLs being 
conducted at I.ifc Codes, a Valhalla, 
NY , medical research laboratory 





Il I ESa 7 



« 135 Jimmy C»nw B'^ 
Norcrou, G& 3007 1 
(1 mle weal ol 1-85 
fwxl to Avanit Furs) 
(44Vt) 441-2S37 



,:-i,'.— . 


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SSOFf- 
Mariet: 
(Exit 11 
(404) 



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.S(<|ih.'ci K llydo. rhii-f rxi 
ivr 111 Mr Irmiliis Hirer ihmi 
ilTiTi'd Ihi' IWH hiis filler luo f 
I.TMy sh.-nlTs lu-K^ill ;i ll'ivc 
iKUllh III r.ilird diilLillonv lor 
/illr liaM'il ^r<ni|>. said SIh 
T I'liiusisorCapi- May ('<i 



Id 



Iv. NJ 



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.SlHTiff I'l.iusis 
(•ilforcrnu-nt af;riHU-s atsu have ic 
n-lv<'d :il>oul :UKI dcinalmiis of oiil 
door near and rl<illiiiiK for llic Wil 
drriK'ss Scmils The sherilT and 
deputies from ("apo May and All. in 
lie eounlies plan (o deliver llie liiis 
and the other donations within a 
week, he said 

The 48 passenger, elimate con 
trolled bus will replace an aginj; 
1972 school bus the Wilderness 
Scouts boui:ht with money earned 




Donald Trump owns (he Adandc 
City pmhlin^; casino planiiiii); to 
aid (he Klairsville nrKuniiatiuii 
Tor disadvanLiKed children 

Ironi Ihi' conslructiiin and sale ol 
bluebird nestini; boxes Harold 
Cornwell. the Wilderness Scouts' 
leader and foundir, said the school 
bus has become iinsafe and no lone 
er can bo used to transport children 
to nicetiiit;s. canipouls and work 



the WihliriMs's Scouts The bus has 
lil'i'li used .1'. :< |>arkini: lot shilllh' 
for Trump I'la/a ririphiyces 

"I run a jail, and I see kids i:o 
bad." Shirilf I'lousis said "Hut 
here are some kids Iryinj; to do 
)lood. and I just thoii|;lil we should 
support ttiem in any way we can " 

The 4 year (d<l outreach pro 
);ram involves needy children in 
iirojeits to aid pom l.iiiiilies and 
Ihe elderly in Union and lanniu 

c lies and has included almost 

:ilKI youngslers 

The Wilderness Scouts received 
national altention alter the Hoy 
Scouts ol Aiuenca Ihrealeiied to sue 
■ to force the group to chaii);.' its 
name The llfty Scouts' national Ic 
Kal counsel contends that only his 
group and the Cirl .Scouts of the 
United .Stales of America have the 
right to use the word ".scouts" for a 
youth program 



Cobb Grand Jury May Get Caldwell Case Today 



Kv('hr.rl.!.-W:.H.m 



5.':'.°t; 



%r»vM« hi aur \\. pm* . honOvi'w 



HS°^''''~'*''-''""«W.'ii> ': 









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Last suMie,.-r. p.di.e chained 
Mr Caldwell with aggravated as- 
sault with intent to murder in the 
slabbing of his Ifr.vcarold son. Ben. 
who was attacked at the faniily'.s 
Marietta apartment Aug 16 Mr 
Charron said Tuesday he planned 
to present the case to a grand jury 
today and seek a murder indictment 



dead in a bathlulj .Mr Caldwell di.s 
api>earcd the same day thai Hen. 
who was recovering from his inju- 
ries in Kennestone Hospital, told 
invesligalors about the attack 

Mr Caldwell was arrested sev 
eral days later at the apartment of a 
CO worker after police received a 



Three Exit 

fMughwg as 

Shjop Worker 
Is Shot 

ByAdamGelb 

Staff Wril.r 

Roy Mark Morgan had just 
put the nnishing touches on a 
tuna sub at the Subway shop on 
Piedmont Road Monday night 
when a customer drew his 
weapon 

"This is the deal " Ihe 

gunman said Without further ex 
planatinn and standing five feel 
away, he pulled the trigger. 

The bullet hit Mr Morgan in 
Ihe chin and ripped apart Ihe in- 
side of his mouth The assailant 
and two accomplices robbed Ihe 
store and three patrons They 
laughed as Ihcy walked oul the 
door, witnesses said 

Mr Morgan. 30. underwent 
seven hours of surgery to repair 
a broken jaw and several de 
stroyed teeth He was in stable 



condition Tuesday evening in the 
intensive care unit at Piedmont 
Hospital, a hospital spokesman 
said 

Witnesses said they were or- 
dering sandwiches about 11:15 
p.ni '.'onday when three m.m in 
their early 2fls cnUTed the store 
and began discussing what they 
were going to cat 

Walter I.ee Graves. 19, said 
Mr Morgan had finished making 
a tuna sandwich for him and was 
opening the cash register to 
make change when one of the 
men pulled a handgun and fired 

"1 thought for sure he was 
going to shoot me. " Mr Graves 
said ""I've never been so scared 
In my life " 

Mr Morgan escaped out the 
back door to a nearby Chinese 
restaurant The assailants then 
robbed Mr Graves and two of bis 
friends of cash and jewelry 

Atlanta police Robbery De 
tective 1) Bell said the gunman 
had severe burns on his face and 
hands that investigators hope 
will help identify him 

The owner of the Subway 
store al 1825 Piedmont Road 
N E IS offering a $1.(XX) reward 
for informalion leading to Ihe ar 
rest and conviction of Ihe 
allackers 



I'jKiv vll, :.:.^:i lociviiu; ij,e n:s..i; . 
of those tests last monlh.Tflr Char 
ron said he planned to charge Mr. 
Caldwell with murder but declined 
to give details about the tests 

Mr Charron could seek the 
death penalty if the grand jury in 
diets Mr Caldwell on murder 
charges 



Ivansco Named Georgia 
Photographer of Year 

Joey Ivansco of The Atlanta 
Journal Constitution was named 
1988 "Georgia photographer of the 
year."" and the newspapers won 
three first places in last weekends 
16th annual Atlanta Seminar on 
( Photojournal- 
ism 

Ivansco re- 
ceived his award 
for a portfolio of 
seven photo 
graphs of sub 
jects ranging 
from news to 
fashion He also 
won two first- 




Ivan SCO 



places in individual categories 

Michael Schwarz of the Journal 
Conslilulion was runner-up for stale 
"photographer of Ihe year"' 
The newspaper's first places 

■ Ivansco. food illustration, for a 
photograph that ran with Ihe arti- 
cle. "Making Ihe perfect souffle " 
and fashion illustration, fur a photo 
graph running with the Sunday 
High Style feature, "Spring hats " 

■ Rich Addicks. portrait and 
personality, for a portrait of author 
Klmore l^onard 

The judges looked at 1.400 
prints by 2'20 photographers from 
across the Southeast 



K. Point Police Think Same Person Mugged Elderly People 



By Uri Rover 



.ix-rnon Is res,,ons,l,le for Ihe 
I " Iderly ,„.„plL. ;„ 



xi'iK* or t» 



suspect did not know the woman 
had died 

Probably we'll never catch the 
Kuy now." Major Daniels said 

A n.jii unswerint; » j,ui,j-e de 
»«Tipli.,n WHS pUrrd »\ holh crimes 



Major Daniels said the invesli 
gallon into the death iif Kniina Noe, 
64. of Newnan is continuing 

Poluc arc uM Mire b„w Mrs 
No« was injured in (he Nov. 30 rob- 




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kKreose Yotv Qkhkos To Mc 
That Special Someone! 

GCT MESULTS WITH 

' lOnACt AN AO 

{ ATlANMlCKMNAI CONMllUllON.SUMNMCMtll 

' W.<W(Mn Oi«pf n low Inn tv 10 A>f\ (mMiwrn gmr %7%\ U^AmSt 



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iiii: (III' I li.iiiksi:iviiii'. h.iiiii.ivs 

lllllli'l llli' lln.iril'. |inlM v^ Willi ll 
ll.llk I'll.'ll l.lsl l.lll VIMK' wIlM 

willinillv mill kiiowiiiitly .ill.ivv. .111 
llli'hl'.lllli' slllilrni III |i.lillii|i.ilr III 
.iM.xIriiiiirriniliii .1. Iivily Ii.ms Ins 
liMcliiiiK iirlirinilr :i>iil lliii-. Ins 
jiih fur mil- In llirii- yi-.irs 

As ll |iH-|i;irril fur lis ullin.il 
iiii'i'iMii: lull)' Ik'IiI IuiI.iv. iIk' Iki.iiiI 

Wi-lllll-cl.iv.lisiisll,iwill lIsillllMlll 
iKilioMliiliolil llii' llliriiiiiilllrniili 
Ir.ivirsi.il |>^lllrll•^ 

■ II iMilir;il<-<l ll plans III .iiilliiir 
i/f annllur yrar nl kiiKli'rcarlrii 
Irslini;. ili-s|iili- niliilsiii nl Ihi' 
linicr.iiii 

■ l)rs|ii(r Mime iliss.-iil. il ir 
lust'd III »lluw sludi'iits Willi linn I 
nwi'l llic chi^ibility of iiii pass, nii 
play rcquirrmonts lo participali- in 
Arrive Alivo. a yoiiUi i^roiip fonnrd 

10 combat drunk driving and drui; 
and alcohol abuse 

Under (ho no pass, no play rule, 
sliidenis are declared ineligible for 
one Kradni); period if Ihey pass lew 
er than five courses or for one year 

11 they |iass loo few classes lii lie 
"on track" for f:radijatiiin 




j Jdck Scott of U*fenceville and 
his sons teccnliy went lo Sanl.is 
Tree Farm in Suwanec lo pick 
oul It": larnity Chnslmas tree After 
combing Ihe farm for |usl Ihe 
iiii one. Ihey seHlecl on ihcir 
. ' I'ltc and cut it down, mucfi lo 
iluligtit ol Ihe youngei Scolts. 
.>:rvirtg Ihe days reiting lor 
. .•.■atfi'imr;. OarlGO'll''; 




Deat.ii iViially 
For Caldwell 



By Charles Walslon 

M„fl \l„l, , 

A ("obb ("ounly (,'rand jury m 
dieted James Itobert (•aldwell un 
Wednesday fnr murder and r.i(io 111 
the death of his 12 year old daugh 
ler. and District Attorney Thomas J 
Charron said he will seek Ihe death 
penalty 

A four count indiclmeni also 
chjr,;id .Mr. Caldwell wilh aiajr.iv.il 
ed child mole.Nlalioii in the Aii»: K 
killinc of his daui;lner. Sarah, an i 
aiw^aval.'.t assault in the slabliiiii: 
of his son. Ren, III. on the same day 

"I hope he gets the death penal 
ly." said Kay raldwell. Mr (aid 
well's wife and the mother of the 
two children 

Mr Caldwell. 42. has been held 
without bond m the Cobb County 
Jail since he was arrested Aug Z\ 
and charged with aggravated as 
sault for the stubbing of Hen The 
boy was found unconscious 111 a 
bathtub at Ihe family's Marietta 
apartment, and described Ihe attack 
to police four days later as he was 
recovering at Kennestone Miispilal 

Mr Caldwell disappeared afler 
Hen spoke to police, and was arrest 
ed three days later outside Ihe 
apartment of a coworker alter po 
lice received a tip from an undis 
closed source 

Prosecutors and police say that 
Sarah, who was a student at Mariel 

CALDWELL Conl.nuoc) on 78 



A sniiliiiK Jack S<<ill holds up Ihe 
Christinas tree thai he and sous Z-i- 
rhary (Irfll and iaii h^ivr rhusen. 



Staff Photos by Nick Arroyo 




// If V/.s7i7 the l)rivc-ln Windou 



A car remains amid the wreckage of a window pie were reported hurt Sgl J.M. .McGuir 

al a MeDonalri's restaurant in downtown Urea- prrlinilnar>' indications are Ihe incident 

tur where it careened in a sevenvehirle. ed when a driver losi conseiousnes.^ on 

chain rearlion arcideni Wednesday. Ten peo- inerce Drive. 



c 




99 



I.'|'l-.l.lllll^ -..ml IIIMlrl . Ill 

rill l.nv IHllv rilll'S Ml- .illiiu.'ll III 
.,11.1 I llll' ll'l'^ 



.IV- MKiili- il Mini lh;il this r. Iii-i- 
iiim-y CImIs jiisl llii.ilMif. .iiuiiikI 
111 IIkm-, lull II .li.iMil vvmk Ih.il 



lllulil Ihr ll.illillisr Icr syslilll. 

I I ilv .illu» s .1 iilililv ( iimiiany In in "I'his has i p licloir .mil il 

l.ili iK ciiiiiiMiii-iil III iHihlic nrliK iK'viT i:"l very fai,' '.aid sl.ilr Krp 

i.l ».i> III irliiin lor a iii'Kolialril Klralior IlK'hardMiii "I ilnii I lliiiik 

IM-iriiil.ii:r 111 (111- (<iiii|iaiiy\ cross il will pass lliis year " 



/■'/..Ml /'</•;<• Hi 

., .liiMioi Mii:h .SrIiiKil. hail hi'i'ii 
I'Vii.ilH .iss.iiilliMl lu'liirt' slir was 
.lr.iii,;liil "llll a piece of clolh Mr 
aldwell Ii.kI mil heeii charged wilh 
riiiiiliT III i.i[ie hefore his case was 
iiesi'iiled 111 the uraiid jury, bill his 
.vife said the indictments on those 
•halves did no! surprise her 

"I knew they were goinB to in 
iicl hini 1 never had any doubt," 
.111' said She began to suspect that 
III liiisbaiut was involved in the at 
ack aHi-r he disappeared, she add- 
■it 

"I didn't think aiivlhini; ahoiil 



lesls bill said the ease against Mr 
Caldwell IS not liased entirely on 
Ihe lesl. which is a relatively new 

ll'cllMlipil' 



Till 
stance^ 



<ld 



il the case nieel the legal 
enis hir seeking Ihe death 
penalty on several grounds, he said 
A person convicted of murder can 
receive the death penally if Ihe 
crime occurs while another capital 
felony, such as rape, is being com 
milted, or if the murder is unusual 
ly cruel 

Mr Caldwell's case will not go 
to court before March. Mr Cliarron 
said, and it could be scheduled for 
as late as May Hecaiise death pen- 
alty eases in ("obb Superior Cnurt 
are assigned under a dilVereni ro- 




bavc on a hounty of cotton 
turlhnccks, mocks, nenleys, 
luqhys ana polos' 

J 7 00 f 



nm Till- panel took about two hours 
lo hear evidence, including results 
iif genetic testing that compared 
l)N.\ samples from Mr Caldwell 
with those taken from the crime 



Mr Charron declined to give de 
K aboul the results of Ihe DNA 




"VouVe always concerned when 
you have a case of major notoriety 

hut I don't think historically Ibis 
IS a difTicult county to get a fair tri- 
al in." he said. 

"11 (the case) has a built in in 
teresl. but I think that would lt?lhe 
same in any jurisdiction" 



ollofs, LoWn; ond sif'pos. Be sore /ou gi-^e more ihonli 
one — tie wijors ihem wiih everything! Sizes M, I, XI. rt 
byl not every siz#*, style and color in every store, il' 



lord a. 

EXTRA CHRI.^ 

lo(d & Toylof op«n do 



Earn 
Interest. 




i 



c 



Cl Shirley KnUon 

Wf will have to inlerview ev 
n. (hild Ihal's been a( llial iiiirs 
r> ' (t) find other possible vietiiiis. 
ic ^e^J;ea^l said The center is It 
ensed to care for 38 boys and cirls 
The alleged molestations were 
i-IMirted Monday The Rirl tuld her 
Hilhcr 1111(1 deleetives that she had 
d and forced to have 



li.-iri ; -ai/ed 

Tlir ,<ij''.(ie(I. whose name was 
uiiliheld because of his age. was 
1 li.iit:cd with one count of aggravat 
ed child molestation, police said 

I He was beinc held Wednesday iiiKht 

I in the Claylon County Juvenile Dc 

I tention Center pending additional 

! charges 

The incidents allegedly oc 

: curred when the center owner lefl 
the children alone with her son 
The owner told police her son was 

I never alone with the children and 

I that he is at the center only at the 

I end of the day to clean up 

Police said their investigation 

i so far shows the owner and another 
man licensed to work at the center 

i did not know about the alleged mo- 

— AdwnOlb 



AL.- 

Fur Trader Says 

ROME. Ga - A North Georgia 
fur and ginseng trader on trial here 
for allegedly dealing in illegal bear- 
skins leslified Wednesday that he 
was tr)'ing to con undercover agents 
when they approached him about 
Ihc hides 

In the third day of his trial in 
U.S. District Court. I'aul lloyt 
Bonds Il^^L of Cisco said he sold to 
a fedci ^^nt in October 1986 the 
same n> >^Kins he had purchased 
from two other undercover agents 
eight months earlier. 

The US Fish and Wildlife Ser- 
vice agents l.^r^eted V.r H'lrds. an 
out'.noV, 1. c:Kir..n:nr:.U'li'.l who 
lives at Ihc foot of the Coliulla Wil- 
derness, as part of a massive inves- 
tigation into bear poaching in the 
Southern mountains 

"When someone tells me some 
baloney. I just give them a bigger 
slice of baloney back." said the 
white-bearded Mr Bonds 

Mr Bonds was among 43 people 
indicted in August as a result of 
"Operation Smokey." a three year 
slate and federal invesiigation into 
bear poaching and the sale of hides 
and body part.s on the black market. 

riuring secretly recorded con- 
versations with the agents thai were 
played in court Monday and Tues- 
day. Mr Bonds boasted of selling 
bearskins for mounting and rugs. 
But Wednesday, he said that was 
merely "sales talk " 

"They were the ones always 
bringing up the bearskins." Mr 
Bonds said of telephone conversa- 
tions he had wilh the agents prior 
to their visits to his home "I didn't 
want the bearskins I wanted the 
coijR skins they proiiilRcd me " 








A Qfi of Life From Santa 



Donna Rowe (lefl) and Joan Cay of Fmory 
Hospital attend a man, identified only as San- 
la Claus, who is donating blood platelets. The 



^M 



hospital gets about I'i to 15 donations a day. 
and most of the blood components are used 
by leukemia patients. 



.l.ilu-d and overciowdrd witti juve 
iiile ollrnders who an- more aggres 
Mve and violent than in the past 
They say Ihi- yiiunK.sters are a threat 
to both employees and residents, 
and some workers have been at- 
tacked 

The demonstrators, who arc 
members of the (k^orgia Slate Km 
ployees Union, also protested re 
ceiving annual 2 .5 percent pay 
raises instead of a flat rale increase 
of at least $1,200 Their wages, 
which range between $11.0011 
$I4.0(K) a year, force some employ- 
ees to work two jobs in order to 
make ends meet, they said 

"I think Its a crying shame be 
fore (fod that in l9flA we would have 
slate workers making below the fed 
eral poverty level." said Hep Ty 
rone Brooks (I) Atlanta), who at 
lended the rally and plans to 
introduce legislation — as he has 
for the last three years — to ad- 



Parolee Found Guilty ' 

A man aeciisi-d of raping and t-'* 

lObblfir. ::<i viMi.li,-..- '.) .-, Mi.llcvri U 

inotd I- . 

v.'as pa' 

lion -.Vi. 

.' jtiry i>-' ■ ■ ■ : r;«i'- ■■ . ' 

: ,icli its vv-rdict >* 

FuHon Sii[ierinr Court Judge l>- 

< i.rrrai-e Cooper i'rislponed sen- to 

Iciiciiig of David King. 28. until to- hf, 

day He could be sent to prison for ap; 

a maximum of two consecutive life dei 

terms "W 

The July 12 daylight attack in a doi 
parking lot at the Residence Inn at Jol. 
1041 West I'eachlrec St was wit- 
nessed by an electrician arriving for pie. 
work The workman. Dale Johnson, pari 
25. of Dallas, Ga . held the rapist at and 
gunpoint until police arrived was 

Mr Johnson, hailed by an Allan- 



Metro Report 



Suspect Indicte<J in Rape, 
Abduclioii o'. G-Your-Cld 

CflJ-Hm.„« 

A Coljb County grand jury 
Wednesday indicted Brian R llaii 
alli. 32. for the alleged abduction 
and rape of a 6-ycar old girl 

The grand jur>' took less than 
half an hour lo hear evidence pre- 
sented by Assistant Di.strict Attor 
ney Fonda S Clay and Cobb police 
1,1 Robert Pillman. and to return a 
SIX count indictment against Ran 
alli Me is charged with rape, kid 
napping with bodily injury, bur- 
glary, cruelty lo children and two 
counts of aggravated child niolesta 
tinn 

Ranalli surrendered to police in 
Fast Detroit, Mich , on Oct 2:) He is 
being held without bond in the 
Cobb County Jail Authorities 
charge that Itanalli abducted the 
girl irom her bed Oct 19, after en 
tering her family's home in the Sew- 
ell Manor subdivision in ea.st Cobb 
through an open door, and raped 
her She underwent surgery at Scot 
tish Rite Children; Hospital after 



the alleged alh.ck 



DA in Caldwell Case Files 
Notice on Death Penalty 



Ciibb County Dislrul Atloniey 
Thomas J Charron has lilcd notice 
in Superior Court that he will seek 
the death penalty agaiiisl James 
Robert Caldwell wlio was inilirled 
last week on charges n! imiriler and 
rape in the slaving ol his'd;uiglitei 

Mr Caldwell. 41'. also is charged 
with aggravated child molestation 
in connectKiii with Ihe sLimiii of Sa 
rah Caldwell. 12. and with ;.^:^;la^at 
ed assault lor the slabbing of his 
son. Ben Caldwell. 10 Holh children 
were attackid last Aug l(j at Ihe 
family's Mariella aparlnieiil 

The notice filed Tuesday night 
notifies Mr Caldwell that the prose 
ciition intends to show tuo aggra- 
vating circumstances in the slaving, 
which would allow Mr Charion to 
ask for the death penally The pros- 
ecution alleges Ihal a nnirder was 
coiiimitted while Ihe olTendcr was 



engaged in another capital filiinj — 
111 this ease, rape — and th.it the 
slaying il.self involved torture or ag- 
gravated battery of the victim 



Man Stabbed to Death; 
Gunshots Kill 2 Others 

( ./., s,„« 

Atlanta llonucide Detectives 
are invesligaliiig three unrelated 
murders in Hie city Wednesday 
night The body of a 52 year old 
man, whose name was not released 
pending notifleation of his relatives, 
was found inside an aparlineitl at 
2lMI(l I'erry Blvd aboul 4 2» p in . 
said Hoinieide Sgl Danny Agaii 
Sergeant Agan said robbery ap- 
peared to be the inolive in the slay- 
ing, which probabU took place a 
day or two earlier 

Al 8 p ni . an unidCiitirii'd man 
was killed while standing al 280 
Ashby Street when a car drove past 
and someone fired a shotgun out 
Ihe window. Sergeant Agan said 
The man was hit once In the head 
and was dead at the sa(tnc, he said 
C 



Police believe the staying was drug 
related. 

Thomas I. Trammell. 49, of 502 
Oliver SIrcet. was shot once in Hie 
head and killed about 10.45 pm. 
Sergeant Agan said Witnesses told 
police Mr Trammell was arguing 
Willi some people in a car parked in 
front of his yard when someone in- 
side the car fired the shot 



Agents Seize Cocaine, 
Arrest FotJr Men in Raid 



Agents wilh Ihe Mariella Cobb- 
Siiiyriia Narcotics Unit Wednesday 
afternoon seized a kilo of cocaine 
wilh an estimated street value of $1 
million during a raid at an apart- 
ment complex at 3119 Spring Hill 
Road 

Police said Ihe cocaine, dc 
scribed as "almost pure." was 
wrapped in plastic and packed in 
axle grease to suppress the odor ol 
the drug Police also recovered 
$23,500 cash in the raid 

Four men were arrested and 



Mar 
28. f 



Lbs 
In I 



blan 
ous 
said 
cr a 
ing ■ 
rese 
1 
in r 
gast 
Bulk 
load 
yard 
right 
not 
wast 
is sa 



<» 



-iw «r>4| 



c 



(J^ 



c 





Cobb Digest 

nil Ml WSI.IAK HSANOISSUI SMAKINC.IIl ADI INI S 

Keinaiiiiiif,^ Defeiist^ Motions in Caldwell Miinlrr Trial Uiie in March 

R)l.indaC /immilmin Mi 1 .•UI...II J.' .>!... h.is I.,-, ii ^,,1,-, <!•■■ ' -,..■■.1 Hi lliiivs ,,!.,. I I.., i.slir tiilliiir. Ili.l Mr ( li.i>tiin uid l>r|..talr 

^,..«U..^.. i„,|„|.',| III III.' I i|ii' iiiil iiiiimIi'I III mi||i^Ii il l"'lli iM-iim ri-v|.iii.il I 'Ill ■ i., '. , r" | |,iii.v> lliiv I'li'li ««l i lull ' iiil.rni*^ di. Iilllr III |iriilO<l Ihr 

'i/X-'i riir ■>-,ii.iiiiin ililiim- liivl-i'M- ld.iw.M,i Vi,.il. ;iii,l ,>illi m d ,iin„..s hi, i.il... <■' .mil im i. |..,il K I ili.i, 1 ilHiml.inl fr.im Imim-iI ,ii,,,,v »,,d 

niOlIl miliums Ml III.- iiii.i.l.i i.illi.-:i"; Willi niliii I In miii.l.t i ■ ■ v.iiil III- UNA I. ^l |i."i . .1 I i !■ k, f „li.,l ll,iH...il. iii li.i.r i. jMly ,,rii|.ii,>! Ihi- ^H.■rll..n of » 

IV' \ liial III Jam,'% I1.i1m-iI nl KIn-.itiiUI lliii Cjldvy.ll b^l All »: t .■ """-n i«d.-r. 1ml :i ri-lalivilv iiiu 1 lull I .v.ii.ld liki- In i-..Mi iiiry l.y j w.-rt 

^'J r.ld.v,.|l „l M:ir,rll.i n,M.f»c-s 111.' dc=lh lu-nallylf w, I I In' l".iinl ll Mr lU-rO' said In- w.i- i: r m 11,.- d li.i.i |ii rK lii.ik .il M,,- k.y ivsur iM.i dolrrm 

T^Kjf »■'! '"■ ■■■.■MM.I.d li. fiimid Kllillv ,|.-,. > N™ V„rk rir.l wr.-k I, k .H llii- llu- .,id .my l....M,f ,i,rn,s said Mr Krrry. 



.IiuIki' Kidiirl K FUMirii.iy Jr 
, Marrh 10 

llrrcnM* Allyrnrv .liniiiiv lit- 

lili-d 26 i>r Ills .141 null ( 111 a lii 

iiid Ffi(la\ kImii lln- juili:.' issmd a iv. II 
cat ortli'i III III.' Ili|:lllv luiMiriiid Mi I 
f..-" .Iiidi:.' 1 



pr.ilf.l llir iiilirisli 
issllixl > hail nil lln 
iin llu- laM' In ( nlili 

Allmi..'> TniiiCl. ■ 

IV. llu' mull a|i|iniiil 
II 



it-Uil ImiIIi aliytlii 



rvlili'Uri' l.ili'ii riniii III.' .iiiui ii.i 

Mi'iU' and Ml I ..lihvi'll II. ly 

alsn .S.I..I In' naiiU'd In iiispi rl ..II ,,„ 

iJiiMial ,-vul,-iiri- tallu-iid l.y iii ,.' 



isk.il llial |ui 
,i,-m.|l M-i.ai 
nun and llial 



lliat IriKKi'l 
liiilis llial 
ilurini: a » 

a linl.-lllli 



llirr si.li* shnuM ask 
iliri- |. ..iininalnHi ••( 
,i,.,rl ■ M. Cliafrnu 



ScImhiI R,ij-i.!i<tl.i«iii 
Clort'd !v-. I !<"!! Nnlc.'i 
.\«ailslilc Iti liK- riiiiiic 

Thr Cobli rminly Board u( 
txluration vrit d last Thiiruliiy 
lo b<.cin liiniliKf: what is stated 
in eieculivi- si-ssiun minutrs 
availvblf for public inspection 

Board Atlornfv Richard H 
Slill rrcominindrd the aclion 
basest on an unoflicial I'pinion in 
Nosember by Gooryia Altorney 
General Michael J H<.«.ers 

In his opinion. Mr Bowers, 
quolinf! (Tom a state open meet- 
ings law. said. "Minutes (of i 



culii 



sioni 1 



iilabk 



Ihe public are limited to trasons 
for c'>i^>. Ihe names of Ihe 
mem/^^^Bsent and the names 
of th( ^9rni; Tor closure " 

He added thai the law im 
poses no other requirements re- 
garding the minutes, etcept in 



tals 



r 111'.- Sta'C 



I political suMivision of Ihe 
state Allhough it is an opinion, 
if il is well irrounded and well 
reasoned, I think we oupht to fot 
low It" uid Mr Still, addinf! that 
he agreed wilh (he opinit 




'/V Is for Alligator 

Second- p.raders Chrlsloplier Carler (luu< hi 
allieatoi I and Jessica Uurdirli |rii;htl and Ih 
rlassm:ileii at Kinrald Klrmrnlary School m 
a smal I North American alligator as (i.'achei 
Nancy IHaynes (backcroundl walchen. Mary Kl 



h,isr, a volunteer rrni 
e class as part of the 
program on reptile 
ion lo Ihe alliKalor, 
■. a ferret and a chinchilla. 






Undhy Middle .Srlliml 
has it'Ci-ived an Awjid 
of Kuci'llriin- in lliyM 
cat i-alucalion rriini Ihe 
<:eiii|:ia Hoard iif Mu 



lege III Hillcdi;.'vill 
Tn he named 1 

grade point < 
limirs of WO! 
and mainia 
i;radi' point a 



dean's list. 
rereiu- al least a 32 
rrage on IS or more 
during Ihe quarter 
a 2 5 cumulative 
'rage 



l.iiidU 



phyi 



cduc; 



Robert Moor*. Cobb t ounly physical 
education coordinator, also attend 
I'd the ceremony 

The stale huard recognized Ihe 
il eduralioii depart 



Jacquelina Prlwtta KNpabrlcli of 
MabU'lon has been rrrogniied as a 
nationally certified teacher of voice 
by Music Teachers National Associ- 
ation (MTNAI 

Mrs Kilpatrirk an independent 
voice teacher sersed from I9M 



I'n.plai 



s cha 



ness and fitness and its 
program The slate bn 
Hires sehnols l.ir eicelhi 
fereiit area of educa 



ell 



MarnMla ri'sideiits Brtnda Kath- 
•rlna Hardin, Ammar Rarzak and 
Angalla fay* Sloray ' 



Suuthminister l'r.'th>teridn Church 
in Marietta and is music specialist 
at Belmont Hills Klemenlary School 
in Smyrna She is also a member of 
the National Association of Teach- 
ers of Singing 

Mrs Kilpalrick received a inai- 

_.„ ee in voice perfor- 

from G<'orjia Stair Urn 




The Walker 
School 




announces 

The Helen Niilili- Me.n,l Srholur>lii|i 

okkkrim; a Ki)ij,s<;ii<.) ijvHsmr KiTiiK 

WAI.KKH .SCHOOL 
KOK ONK ACAD liMU: VKAH 



The WalkerSchool is ofTerinc i, sctiolan.hi|i in the nam 
Helen Noble, trustee and loni; lime friend of the Srlioo' 
The seholarsiiip is avs-arded on Ihe basis of academic an 
personal merit as judged by testing resultA. previo", 
academic and extracurricul;i.i.- performan 

and a personal inte-rvicw. The scholarship 
- one full tuition for one ar ' 



<p;, 



( 



c 



'n — 



< i:. 



III.- A^ .1 I. snll.ll»-'<'""ly "•'■•■'''''• 
III Inn- lis I.HV'-sl itwiiislrv I" <l.ili-. ■< 

"■"'iTi 'nainpi-'M. Ihr s\Mr ll.-|Kirl Stif. in.ll vv..o<l |.m.< rssltii: pl.,1,1 

iMfiil "f N:.liir;.l llrsourirs (DNII) lli.il will ;i.l(l .<h>M( i'-'" -■•'"" 

l,K-l(.'(l five iMil.-llll.il ivrll Mies !«.. $lf.(l.(MUI I.. Ih.' lounlys :in"U.il l.i« 

iiMiiilhs lip... Til.- ..IV i.i.n.s l„ SI...I .l.,;.sl v.h.n it ..i""'- •''•,';',^l'' ';'';, 

^ii:.ll.-i N.Mlli (:.-.Mi:.j ..Mtiuni N.n.l 

. j! in.' luninii; l.i Ih.' I>NU jii.l • W;.l.-i «iis .riluiil U> .is (rllini. 

A,„iy ^ ii,:.i,.-..s «,ih ,i.-..i...t..;.i ..."I ti...i I.I.H.I. , "■ i^;-''!:':.".^:::;!, ;;);;;• 

hire liy<1riii:.olii):n-.il .vimiI 
hiiK ii> l.ic;ili"i;i:i"iii"l »,.i,- 

TiHl III M.I.I. s..n (■.n..ilv l.isl I " Ih.- Ih.ll iiss.sl.,.., .- 

i-cry. DNII l.u;il.ii Iwi. w.ll sii.s i.. mi Will.:.... M< I 

lh:.l (-..llH-K Ih.il ....■ I...VV ,..,...|.iiii; i....r.- ^isl will, II..- DNU s (i.-...,;.;. <..-..l.'i: 

tally lliaii 4«l (;:ill....s ..I \v;.l.-i |..-i iiiiii i<- S 



I (lii/.'ii N.inli (;<'..r 
IS hull will <liillii.|<. 
..Ili.-r Ihrii- III r.i..r 



: l.sl 



While smill. <;.■ 
i-li.-.l .111 ;.i|.ill.-rs 



■i;. has 1..,., 
brce .iM.l.r 
r.iek hir.i.;. 
iiitis lor 111.- i.ijjoi ily i.r lis w;.li-i 
ii|.|)lv. »'iit<-r |iri>s|..-.liiii; ... II. . 



1... help sl;.le IIINKj p.-"l'le «ei.- «-iy '"IP 
in.,-s ' .' 1 .•;iiri puis.- Ihi... I"" """■" ''"■ 

el.i.-l i:.-.il.. 
;i (;.-..l.. 
■iiev h: 



Norll. r.i 



"('.'• 



I'l.'diiK 
:irrf 



iili.itil as hapl 
Willi a .I.vhiiik; i.hI 

111 reei-iil y.-ars. hm 
(-ii.'i- IS slarliiii: 111 
sii|i<-rslili<ii> 



sai.l -I'.iil weV.- al-... l<a..i.-il a h,| 

Ih.- ac.n.vs re ah.iiil 11..- liy.li„,.,„l,„;y „| 

N.irth (;.-.ir(;ia sii w.- eaii ilii a pr.liy 

I'.ll.Kl Jl.l) 

■Kvi-ry w.ll w.-v<- .-ver (Irill.-il 

has hil wal.-r. " h.- said "What w<< 

Iry I.I (111 IS hiiale a wal.-r sii|>|ily 

Ihal's lari'.e eii...ii;l. I., n.i-el Ihi- 

has hi'i'i. ix-e.ls.il ll.<- ....i.liiui.ily" 

seaiihini; Will. 111.- ii.-w t<-(li.i..l.ii;y now 

availahl.-. N..1II. (;.-..r(;ia ...ul.l In 

v.-v.-r. s. I pie lis curr.-lil j;r((iind wal.-r yi.-lrl 

r.-pia.-.- "wilhmil any pr.ihl.-ni." said l)r 

Kaiii Arora. a (;.-.ir(;ia Slale Hi.iver 



James Robert Caldwell, charged with the murder and rape of rubs his eyes during testimony in a pretrial hearing Monday 
his da.irfilfr and slalihinn of his son, lonks over papers and in Cohb Superior Court. „ 

Witness: DNA Tests Link Fatlier to Site of Siaying 



9 



By Charles Walston 

\,.,0\%nl.. 

Genetic tesl5, which have nev- 
er been used as evidence in a 
Georgia criminal (rial, link James 
Robert Caldwell to the scene 
where his 12 year old daughter 
was stranpled anij sexually as 
saulted in Cobb County last sum 
mer. a scientist testi/ied Monday. 

Superior Cmm Judf;.- Hobert 
K- Floumoy Jr is holdinf; hearinj^s 
this week to determine whether 
the evidence fhould be allowed in 
the trial of (he 4:i year old Mr. 
Caldwell The trial has not been 
scheduled, but could begin as ear- 
ly as August 

Mr Caldwell is charged with 
murder, rape and child molesla- 
t.on in the Aug 16. 1988. slaying of 
his daughter. Sarah He is also 
charged wilh agj^-avaled assault in 
the stabbing of his son. Henjamin. 
". in the family's Marietta apart 
ment 

''fosecutors hope to introduce 
Ih.- DNA testing in Mr Caldwell's 
1'''" ''""■" though such evidence 
'■'' "'^ver I, lull used in a t. .ul ii. 
.•ynrRia. Defense attorneys have 

l""l..i';s l„ I,.,.,, ^|,r|, ,,.^,, 




CAlVlNCBl.CfS.jn 



Ilr. Kevin McEHVesh of Life Codes laboratofy discusses results of 
UNA testing of murder defendant James Robert Caldwell in a pre- 
trial hearing Monday. 



who was stabbed repeatedly in the 
attack and l.-H iiiiennseioiis in a 
uathtuh, lb e«|>eileil lu tt^nij 
against his father. 

I ir,- Cml.-s l-.l."r:pli.n- in Val- 



eliithing match Mr. Caldwell's 
blood, according to Ilr K.-vin 
;.l>l.,.ie.-.li. a >;i.i..l.c sck:..;.^ and 
assislniit dirertnr fur forensic and 

|.:.ler..ily l.-slingal I if.- Cul.-S. 



ed bloodstains from the bed where 
Sarah Caldwell was found stran- 
gled and raped 

"We have a match between Sa- 
rah Caldwell and the bloodstains 
on the sheet, and we have a match 
between James Caldwell and the 
sen.en stains on the sheet," I)r 
McKlfresh said 

The methods used in DNA 
testing have been known since the 
1970s, and the process lias been 
used in recent years (0 study go 
netie diseases, determine the pa 
tcrnily of children and in some 
criminal cases, according to l)r 
Vance Baird. a Clemson llniversi 
ly researcher who also testified as 
an expert witness for the stale 
Monday If the tests are properly 
conducted, it is impossible to get a 
false match, he said 

DNA. a molecule found in vir 
tually all living cells, contains the 
genetic information that deter 
mines how an organism will devel 
op 

Defense attorney Brace Har- 
vey. questioniiiR Dr Baird. sug 
gested Monday that (hi- tests could 
be unreliable in sonic eirenin 

amine Dr McKlfresh Tuesday 



. |:,-.,I.m:v prof.-ssor 

*"' ■11,.- Ir.-i.d I.n N.irth (ieorg.al 1 
l,|iil.l M.ore res.-rvoirs,' he .sai.J 
"(illl d I' 'l.iesn't ram. wt-at giio. 
' " II. .y' (In thi- nth.-r han.l 
"" ,i.d water is Ih.-re I think moi 




lilt" 



1 1 II Atlanta counties should l.io 
]''l„il This IS Ihe way to go" 

|-ayetl<-vill.-s plans t<i drill cil 
,„i.||s howi-v.-r, are meeting wil 

\ 

I'm w.irni-d that they will su. 

the CO. inly dry." said Joseph Mt 

<<-lli a Kayetteville resident wli 

<li,iws his water from a private wel 



Airport's 
Neighbors 

File Lawsuit 



ByOo-ji.<;-".i:.--r 
«.,/)«'„,.. 
A group ol llaiK-nlle r..-sidc 
fil.d a lawsuit J.lunday against 1 
city of Atlanta, charging that no. 
si.lnke, raw fuel and odors from : 
craft taking off and landing 
Harlsfield International Airport . 
creating health and other proble 
for them 

Filed in Fulton County Super. 
Court on behalf of 20 Hapevillc r. 
idents, the suit said that as a resi 
of emissions from low flying a 
cran, residents have Iwcome n. 
vous, suffer from lack of sleep "a 
live under constant fear for th. 
safety and the safety of their h 
ilies." 

They also complained in ' 
suit of physical damage to ti 
property caused by vibialion-' 
pressuri; waves and corrosive , 
iutants. 

The homeowners, who arc sc 
ing unspecified damages, said th 
proximity to the airport has cau: 
a substantial reduction in prope 
values in what amounts to "a tak 
or damaging" of their homes w 
out compen.sation. 

The residents are rcpresen 
by Conyers altorney C.ene Burk 
who earlier won a judgment agai 
the city on behalf of residents v 
similar complaints in Mount 
View Mr Burked, who also f 
suds resulting in the city of All.- 
llic airport's owner, buying 
about 400 College Park homes. : 
Hapeville residents have beei. 
norcd bv Atlanta officials 

Mr Burkett said his Hap.- 
clients hope to force the city to 
out their homes so they can ' 
cate elsewhere 

Mainlaining that the noise 
pollution problems for Hape> 
residents got worse with compl. 
of Ihe airport's fourth runwav 
Burkell said. "The airport ni. 
on these people Most of t 
didn't move to the airport." 

Under a grant program fina. 
mostly with federal funds, tin 
has acquired hundreds of h' 
near Ihe airport and soiiiidpri 
oimi-s sine*- toe twius. 

Michael Muirhcad of the cit 
nance liepartment said that s 



f. 



,;;' • ■•■"'i.i.« 




I <,ii.".lii>ii :iiiM' .IS l<> IIk' .ikiii.iiv IIiiim lirr W<Nk|il;i<'<' A< I .1 1 i|, 

,',! ., liuslMvr l.-sl l.-Mlll. "I".!! "' '""•"' I'T."'.!!!""' IMl.ri.1,,1 I,. 

i.vi.w ■illi.rr iiiMild Im- iiiilhiiluiMl iliMiinr.inr |iuhli( riii|,l,,vc. . Iimmi 

l,,,M<l>'i :i ir:iii;ilvM'.<il Ihr 1,1 i|;iii;il nsini: ill ui;s 

.;iiii|>li' Till' All.ilil.i ( ilv I iiiiiii ll voliil 

I1.1-.I. linn; proMi-ins ,-.,rl.ii lliis yi mi li. m|iii.r ;.ll pri, 

.1111. .Ml' 1 iiiiiilv iiiiiiliivi'i -' wrrc (li'iiil <.|ii'iliv<' 1 ilv i'in|iliivn's I" siiliiiiil In 

mill iiv tiiiliMilu.il •li'K'illliinil'- ;i (Irii,: li'sl 



Saiuly Spriiif^s Realtor 
Kills Hcisi'lfal Mountain 



By lliiiina Willijins U-wis 



mill' li-n ;it hoilH- lor lin fjiiiily 111 
(li<';ili'il she hml rin.ini l;il (IiIIkuI 
""""'"" lies ;iri(l ollirr problems. I.iw en 

Till- (umiT ol a .S;iMfly SpriliK'- |„r,,.,ii(-Ml soiircrs s;ilcl 
mil i-sliili' firiii jiimpcd off .Sloni' ' Sl>i|ipi'r wjs oiii' of llir nncsl 

MiiUMtiun Miiiid.iy iiiKht and pf„p|,. i huvc oyer known and such 
pliincrd inciri- • ^MM^_- a slronR and posilivc person thai 

than mm reel In PxJPMbMJb) llus is all a shock In me." said Sally 

Skipiiei :.;.■! "• , :^ ' ■ '■ •■ , ■' ■■. ! 

nson. (M. I'l' ■ ' 
d.-iil <■! .SI. 




l.> ,„ , , school 

'" "" '"■• "■> " t'y a' i«.s,„..ns 

by .li.ly l-l!HI. iiiivi'ilcd Ihc first ,„rt 
of his new orc.aiii/atKmal structure 
at the county school bo.rd meetinK 
Monday iiichi The plan, which m 
chides Ihe creation of a new depuiy 
siiperintendenl post, will save ;in 
estimated $1 :i million a year in sal 
aries and lienents. he said 

■Its ph.ise om' of live phases 
l)r Kreeinan said Tuesday -An.l 
it's attemptmi', to reduce the span of 
administrative control and iiltimale 



UcKalb's 
Top Jurists 
OK Dewald 

For N.».. T.,f 




aver's lurnarnund from drug anil 
"1 abuse inspired the doparlnipnt 
he robot after her. 

;i»« I'l'-ni, she said, and ttie second 

111 I T.M her infant son 

'1^ I i -ii;!!: and alcohol habit C"' 

' ' llie law In 1387. she 

I'' s 111. ' ,; ;,i,||.rt driving under Ihe 

■''"'""': '' ixiliie olTicer and drni; 

•""I .1 SoiH'rinr Court jiidRc sen 

' '" ' imiiiily ser\ice and llnee 

""■"rli .1 look a liiusli U'lih 111,' h,« to Kel 
• Ms S.avei Is happy In he wliere she 

'"'""m'.'I l„v ....".. 



<*??*' 



board about 10117 p ni lo -sa.v .she 
was al Ihe t<i|i of Ihe niuuiitain and 
planned lo |unip. said John Bank 
head spukestnaii fur the CeorRia 
lluieauiif liiveslii;atiiiM((;ill) 

I'aik piiliic were immediately 
sent In the lop III Ihe mminlain. but 
saw no one. Mr iiankhead said 

A llcKalb Counly police hcli 
copter piliil spiilli'd her body about 
11:21) pill on a ledt;e near Ihe tool 
of llie mounlain below the carving. 
Mr. Kankhead said 

A note in her purse, which was 
found al the scone, and a second 



.\ ■,K'..1..I1.'.I .s.lAlce li;.-. le'cli 

scheduled for Friday al 1:30 (nu al 
Ihe lathedral of SI I'liilip. 2744 
I'eachlree Koad The family has 
asked that. 111 lieu of flowers, cnntri 
bullous be sent to the Atlanta Hoard 
of Realtors" non-profit KducatKUial 
Foundation 

Mrs Morrison, who lived 111 
Sandy Springs, is survived by her 
husband. A K Morrison, a retired 
General Klectnc Co executive Her 
only child, son Chip Morrison, is 
vice president of Skipper Morrison 
Inc 



WilRoss: No Written Guideliue^ 
Used ill DNA Tests on Caldwell 



By(harlrsWalslnn 

/ S,„//H,„,, 

A' genetics laboratory thai ana 
"^,?/ed evidence in the case of James 
llobert Caldwell, charged in the 
slaving and sexual assault of his 
daughter, (lid mil have detailed 
written procedures for the tests, a 
company oIIk lal teslified Tuesday 
|)r Kevin McKllresh. an assis 
taut director of the lafe Codes lab 
oratory in Valhalla. N Y . acknowl 
edged that Ihe company did not 
liav,' formal protocols for each pro- 
cedure when samples of blood, se 
men and saln.i were analyzed last 
fall Hut he defended the DNA test 
results and his finding that Mr 
Caldwell's blond matched samples 
found at the scene where Sarah 
Caldwell. M. was sexually assaulted 
and sliaiigied 

Mr Caldwell is charged with 
murder, rape and child innlestalion 
III the Aug l(i. 1!WK. slaying of Sa 
rah lie is also charged wilh aggra 
vated assault in the slabbing of his 
son. Hen. II The sl.ile will seek the 
dealli iK'iially whin he goes lo trial 



later this year 

Cobb County Superior Court 
Judge Riibrrl K Floiirnoy is holding 
a hearing this week to determine 
whether DNA tests, which have nev 
er been used in a Ceorgia criminal 
trial can be adinitted as evidence 
in the Caldwell case Attorneys for 
Mr Caldwell, who have filed nio 
tions to keep the tests from being 
admitled. attempted Tuesday lo dis 
credit the procedures that were fol 
lowed by Life Codes 

The tests were conducted b.\ 
isolating pieces of different DNA 
molecules, which contain genetic 
information, and comparing Iheir 
reactions lo various en/ymes. Or 
McF.lfrcsh testified An Xray I'llin 
records the reactions lo the en- 
zymes, he said, and scientisls then 
make a visual interpretalion of 
whether the f)NA samples match 

There are no written guidelines 
in the l.ile Codes manual or in sci 
enlilic literature for the visual in 
lerpretalion. Dr McElfresh said 
■You dont have all of these elaho 
rati' standards and eveiTfthing el.se. " 
he .said There is no data " 



V 




Chief Ksecutive Ollicer Manuel M. 
loof last mouth, has accepted a jO' 
as coordinator of DoKalb (bounty 
new pretrial release program 

Mrs Dewald was unanimousl 
approved Tuesday for Ihe posllim 
by the county's nine Superior Coui 
judges during a monthly busines 
meeting, said Chief Adminislrativi 
I Superior Couri 
i Judge Curtis V 
1 Tillman 

"We offered 
it to her. and 




then it was : 
iwassP'^ai'^^ unanimous dcci 
f y^^^'v' *'*"' "'^ *" "" 

judges." Jwrir 
.';_ J Tilliiiai. sa 
liew.wl 1 "She's an exc. 

leiil organizer and a very hari 
worker. We're very Torlunatc li 
have a person of her abiiily anc 
standing in Ihe eonimunily." 

In her new job, Gietta 
DewaW will oversee the pre- 
trial release of eligible de- 
fendants who have no mon 
ey lo leave jail on tx)nd 
before trial. 



Mrs Dewald. 5!). is scheduled ' 
begin work in four lo six \vee'> 
when the pretrial release progra 
goes into effect 

"1 just got word from Ihe judge 
loday. and I was extremely Ihrilh 
and pleased that lliey would off. 
me this challenge and havi' Ihe cm 
ndence in me lo do this progra 
wilh theiii' Mrs Dewald said 

Karher this month. Mrs Dewa 
resigned from her post as DeKalb 
highest lion elected official, su. 
rumbing lo pressure from eouni 
eoniinissioners who wi're dissati 
fled with her pi'ilormance A m 
execnlive assislani has nut bee 
luiiiicd. 

In hrr new job. Mrs. Oewali* 
will oversee Ihe prelrial reh-ase 1. 



c 



M, <; i"'" 'I" 

,,|,„„tS IV..M1 I.. 



■"I '"■'.'.'... 



■I ini:!'"" will'"" ' 

f '••''" ,1;! "nlll^ I" "' I'"''' ■""' ""■ I'" "'•'' '•'•"• "''" 

I, 11* '" ''I'-iiJc ■ Mr Idsli rrscrvmr. ftirlhrr iiwiiy (Viini n-si 

. ,'.,ij\^i'«" "f ■■Tli:i(s iinr of llio tliincs wc re 

\i'tv ih.il'!' iMoviiii; prniHlrst «f." hr sjiiil "Then* luis iml 

iiihiM M subiirlisj brni one wurd cil 0|i|iosiliiifi s|iokcii " 



Falcon Fitfldt 




Buiiti i»/;' 

Anraul Tratnci 'lf..4(IO r>|>«raliijna |>ti.|i.< i<kI by lOn I 
Own«ri tVnrhtioo City Ai'porl Authonty 




Prosecutors 
Finish DNA 
Arguments 

By Charirs Walfiton 

.Stofl'M'nI.T 

Cobb Counly prosecutors rcsl<!<i 



LY FRIDAY AND s; 



■'■-'^ 




Its plan to 
fur 4,n00 
summer ur in 



If! 



Iho 



fundii 
bably will be 
' Spriiiy.- but 
<nr s<iulh Kui- 
.' Tt,.. 



Iiriijcrl 

1 1ll l« 



l-,:l , 



'■"i: IV Mh,d 
^■>'ll■'n (:„ud 

"I I'lniii.i Tl,<. 

- S<'ull, Ku|,„„ 
* only nUiul 



'ki. 



irli sun 
Id -I. 



,''*'•'"•<; will 



% 



as long us it's picked up and it's 
not in my back yard, it's sort of a 
neutral subject-" 

Hut he anticipates a stronger 
turnout in north Kullnn. where 
community groups are active in 
recycling. 

Mr. Bockman met last week 
with tho CO chairmen of Sandy 
Springs Clean and Beautiful, 
which operates a manned collec 
lion center at the Sandy Springs 
K mart on Hoswell Hoad and is de 
veloping a permanent recycling 
• nlcr at Morgan Falls 

The county will work with civ- 
ic groups to educate consumers 
about route schedules and sorting 
recyclables MaU'rials collected in 
Ihe pilot project is likely to be 
processed at the Morgan Kails 
center, which is scheduled to ojien 
Ibis summer 

"We told IMr Kockmanl we 
would support him and give iniml 
into ways to do it." said Herbert 
l>'»N. CI rh.iirMiiin of Cleiin ;iikI 
lleauhful •'lis an indication of 



i.vcling Springs. ICifjtity i-rccnl oT Hic lii)mt.-owiiors who responded to 
d in Sandy a Fulton survey said they'd recycle if a program existed. 

d Favor Recycling in Fulton 



the commitment to the recycling 
program and their great need to 
remove as much from Ihe landfills 
as possible '" 

Mr Daws said his group pre 
fers backyard pickup, and thai 
preference also showed up in Ihe 
county's survey In response to 
those concerns. Ihe pilol program 
will incorjiorale both curbside and 
backyard pickup. 

Kultoii Counly operates no gar 
bage trucks, but contracts with 
private companies for backyard 
collection in Sandy Springs and 
part of south Kulton In the rest of 
Ihe county, residents make their 
own arrangements. 

The sur\'ey results indicate 
about two-thirds of Ihe respon 
denis are already recycling news 
papers, and about a third recycle 
aluminum 

"Verj' few do glass." Mr Hock 
man said Twenty-five iiercenl of 
those who recycle prefer lo use 
drop off recycling bins and cen 



link Mr Caldwell to llic death of Sa 
rah Caldwell last Aug 10 ThefTi-ar 
ing to evaluate whether the genetrc 
laboratory tests should be admitled 
as evidence is expected to set legal 
precedent in Ceorgia. a defense at 
lorney said 

Mr. Caldwell is charged with 
murder, raiie. child molestation and 
afu,'ravaled assault in Sarah's slay 
ing and tho slabtjing of his son, Ben 
jamin Caldwell. 11 

l.orah McNally. a scientist at 
l.ife Codes laboratory in Valhalla. 
N.Y.. testified Wednesday about the 
procedures that were used to test 
samijlfs '.r 'If Caldweirs l,l"'.d and 
cvi.ieno- ■: --XT. II,.- f:,„ii!y's >■■. r..'- 
apartmenl whcie 111'; cliildf'Mi iv.jio 
attacke,d. The tests indicated that 
semen stains found on Sarah's bed 
werc_gcnelically matched lo Mr. 
Caldwell's blood, another Life 
Codes scientist testified earlier this 
week. 

Cobb Superior Court Judge Hob 
ert K Floumoy asked Ms McNally 
whether enough of the original cvi 
dence n'mains lo be analyzed by a 
second laboratory 

DNA molecules, which are 
found ill every human cell, contain 
the chromosomes that transmit ge- 
netic information Scientists say 
they can compare differenl samples 
lo delermine whether they came 
from the same person, and such 
tests are beginning lo be used in 
criminal cases around the country, 
according lo Jimmy Herr>'. a court 
appointed allorney representing 
Mr Caldwell 

DNA evidence was used lo con 
vict a rape defendant in Rockdale 
County in March, according to 
Hockdale District Attorney Kobert 
y Mumford The defense allorney 
in that case objected lo the evi 
dence at the trial, but a separate 
hearing was not held 

According lo Mr Berry and his 
CO counsel. Bruce Harvey. Ihe Cald 
well case is one of two in the couii 
try where an extensive challenge to 
liNA end. nee is now being pre- 





O- 




HiKirl- 
»«s re- 



searched, filmed, edited and produced by Roswell High 
School's advanced media production class. 



Put Roswell in tlie Movies 



History, Documentaries 



■•Tlic\ 
vorki'ii; < 



learn a skill they can build inlci « 
career In fad, a couple of slu 
dents from her oricinal class have 
cither •■nl.Ted or are stiKlyim; 
l«ri):i.1'': • ■ " ■■■ '■ ■ 



approarlled (linii with wli;il S4iiind 
cd lilie a i;<'<><> di.il lor ].1!<KI up 
front anil annlliir $:tlHI hil< r lliey 
could liuy anio iiiMiianie 

The couple .ii'.reed, so the man 
went to his ear. pulled out a poria 
tile typi'writer and typed up an auto 
insiiranre rard Hut the couple did 
not receive a policy 

Only when one of their rilativcs 
Ined to use the document to pur 
chase a DeKalb County auto Uif, did 
the couple leurn that the insurance 
card was a fake ^ 

The couple was not arrested 
Hut at least 10 other people have 
been nrrested in DeKalh and war 
rants have bc'cn issued for about 24 
others suspected of knowin>:ly piir 
rhasiiiK bonus proof of auto insur 
anre cards In Kullon County, 28 
such misdemeanor cases are peiid 
int; Valid cards must be presented 
to renew or buy motor vehicle lu(p 

Tlie suspects have been char(',ed 
with producmn fal.sc information 

•Inforinalion from the county 
vehicle registration department in 
diralcd that a large number of indi- 
viduals wore showiiiK up with 
frandiileiil iiisuianc-.- r;irds," s:,id 



Insurance Department. 

nates, accordmc. 1" the Kulton 
(!(tunly .soli<-iloi's office 

'fhe seam crops up every year in 
metro Atlanta, said Max Hushe<', 
public information ofTicer for the 
(*<*orKia Insurance Departmelil 

"A lot of times the people buy 
ini; these thin(;s know what they're 
Cettini;." Mr liusbee said •Then 
there ar<- others who, three months 
down the line, have a wreck, try to 
place a claim and find they have no 
insurance " 

Norman Swann. DeKalb's man 
aKer of vehicle recislration, said the 
seam has Imcii easier to detect this 
year because the perpetrators are 
usinR the name of a non existent in 
surance company. A more wily 
scheme is to sell cards carrying the 
names of leKilimate insurance com 
panics, but with false or expired 
policy numbers. 

"But these people haven't tx'cn 
that smart. They're using a false in 
surance company instead of picking 
one that's lei;iliniali:." Mr. Swann 
.,:iid •■:;.,. ;,-. II,. -.'v, .. alki-d im. 



jvith ins 
ind, II)- 
the pr. 
a golden 
>e it?" 
merable 
ell's his 
ns, film 
em man- 
h Fulton 
endless 
seniors 
Holliday. 
;ditors 



It it h,(d :"' 

f.lCO fOi.- 

isl $2.5011. 
cd $53,300 
J7,475 The 
if an exist 
he report 



eKalb's 
)r Cases 



•me Court 
lew an ap 
jvertuming 
vo develop 
•mpling to 
ty commis- 

Ihev have 
id DeKalb 
> hot) Wil 
jse 

will 



lir.iiy 

Dr. Demniond said she taught 
a video class at the school six 
years ago but had to set it aside in 
favor of other subjecUv The drama 
instructor picked it up again three 
years ago, and lliis is the second 
year she has offervd an advanced 
class 

I)r Pemmond said she offers 
the class because she wants to 
give students an opportunity to 



task to help save the documeiilar}- 
form of filmmaking, which some 
media si>ecialists have said will go 
the way of the dinosaur 

"The challenge to producers is 
to save the documentary," said 
Mark, who is independently work 
ing on public .service announce 
mcnts on drunken driving "They 
are a viable way of Riving people 
information " 



Tlie invcsligaluiii has not yet 
led to the arrest of anyone allegedly 
selling the take cards 

Individuals have paid anywhere 
from $10 lo $3U0 for the bogus 
cards, most of which carry the name 
of Brown & A.ssociates. a fictitious 
insurance firm, Mr Bowden said 

The Fulton County cases are 
also mostly from Brown Jc Asso 



ls.slKiil::i •" ''■■■■ '.i.-iic.^ ''i:l<.M!i:. w. 
ilowdeii said. 

Investigators with the DcKalb 
solicitor's office and the Depart 
ment of I'ublic Safety so far have 
confiscated 50 to 60 cards — 34 
from people who face misdemeanor 
charges and the rest from people 
who convinced police they didn't 
know they were purchasing bogus 
cards, Mr Bowden said 



the 
s case 
Ihe state a\ 

conduct 
can be pre 

of ApiM-als 
"wy S Agan 
• Irml and 
fdirl of l>.,-iof 
wer Turkish 
Wr S.. 



Candidates for Coverdale Seat Snipe During Forum 



BO.'CEi.rle 

S:.0 "„,,-, 

With less than a month left be- 
fore election day. the race for the 
seat vacaltd b.v former Senate Mi- 
nority Leader Paul Coverdcll is 
heating up. with several candi 
dates taking potshots at presumed 
front runners in the seven person 
field 

"Its time lo start looking at the 
differences between the candi- 
dates," candidate Kirhard Bell 
told about 75 people gathered 
Thursda) niphl for a candidates fo 
rum stionsored by more than a doz- 
en northside neighborhood groups 
at Ihe Atlanta Historical Society. 

During l^e course of the eve 
ning, Mr Bell criticized fellow can 
didate Michael J Egan. an Atlanta 



lawy.-r wl.o *^^ a sl^l.- h ,;isl,.I..r 
for 12 yciirs, including seven yeais 
as House Minority leader, for not 
attacking the Ceneral Assembly 
strongly enough and for rot prom- 
ising never to raise taxes In turn, 
candidate Mitch Skandalakis, a 
Sandy Springs lawyer, accused Mr 
Bell of changing his positions on 
taxes and proposals to incorporate 
Sandy Springs during the 
campaign. 

"Hichard is confused," Mr 
Skandalakis said b<-fore the meet 
ing began, saying Mr Bell had dur 
ing past apfK'arances endorsed a 
Republican altx'rnative to the stale 
sales tax while claiming to oppose 
all tax hikes "If he wants to play 
with words, that's fine." 

Rut Mr Bell, a north Atlanta 



commercial real eslale lirokfr, 
says he has t>een consislini in his 
opposition to lax hikes and that he 
never endorsed the alternative tax. 

Mr Bell, Mr Egan, Mr Skanda 
lakis, former stale Hep. Bettye 
Lowe, Atlanta businessman John 
K Thompson, Sandy Springs busi 
nessman F W "Buddy " tlriffin and 
Buckhead businesswoman and 
community activist Mercedes 
Smith are seeking the seal Mr Co 
vcrdell vacated last month when 
he was appointed head of the 
Peace Corps 

All seven candidates arc lie 
publicans A non-partisan election 
for the Senate District 40 seat is 
scheduled for June 6 

Mr Coverdell held the seat, 
which represents portions of north 



Atlanta spread from Sandy Springs 
to Virgiiiia-Highlaiid, for nearl; 
two decades. 

The two-hour question and-an 
swcr session Thursday produced 
several questions on transporta- 
tion proposals for north Atlanta, 
including the proposed extension 
of (leorgia Highway 4(K) south from 
I 285 through the center of the 
district 

Two candidates Mr Egan 
and Mr Skandalakis oppose the 
extension Four Mr Bell, Mrs 
Lowe, Dr Smith and Mr Thomp- 
son favor It Mr driffin said he 
is keeping an open mind 

"I think it is going to help the 
neighborhoods." Mr^ I,owe said "I 
think you're going lo like it once it 
gets built " 



DNA Samples in Caldwell Case Not Identical, Witnesses Testify 



B> F-uRfne Morris 

DNA samples allegedly linking 
James Hobcrt Caldwell to the 
death of his 12 year-old daughter 
were not identical and should not 
b<* admilif'd as evidfnce in bis up- 

' . . ,■ ;. -,r<1. • ir.;.! (v. . l,--;:rcll 



from Mr Caldwell provided only 
ambiguous matches to genetic sam- 
ple^ taken from Sarah Caldwell's 
body after she was strangled Aug 
16 Blood, semen and saliva sam 
pies were collected at the scene 
"From what we've seen here, I 



.,( |„. „l,i 



elud- tt'Td 



The scientists were the first 
defense witnesses called in the 
pretrial hearing before Judge Itoti- 
ert E Flournoy Jr to determine 
whether the genetic laboratory 
tests should be admitted as evi 
dence in the trial, which could be 
gin as early as August Because of 
• ■ • .1. ■ .■ 1 1. !i , . the case is 
;•!■..! prece- 



who survived the attack in their 
Marietta apartment 

Both researchers testified that 
some samples used during Life 
Codes' tests may have deteriorated 
and that the lab may not have tak 
en enough care in examining sam 
pies taken from the scene '(hey 
also lestifk-d lh:il Ihe laboratory' 
r ■ ■ • ' .. '. :< Mticlc expert- 




■ '*^"- •tw'iy'^ti iyWi-'^ '^y-''' 



OCTOBER 31, 1989... 



DNA Test Botched in Coh!) Case, WiiiiesH Says 



Judi^e Mulls Use of Data 
In Murder Trial of KatlH>r 

Bv MarkCurridrn 

A iiorticm of the j;onctic ovi 
drnoc Ihiil allegedly links James 
Caldwell lo Ihe rape and murder 
of his 12 year 
old dauKliler 
was nil shall 
diod and is s" 
iinpreeise lli->' 

ll .'..III. I ur 




(line ol III 
iiati'h ii|i III •>. 
uliile |iii|Milal 



ii|ile 



III Ih 



Adki 



SiipeMiii Ciiilll .hiili'i IIoIm 

Kliiiiriiiiy III .1 picln.il 111-. in 

Hull Life Ciidrs laliiiialiincs i (in sdnie (il llic DNA 

dueled UNA Irsis in .i ■(;ri 

wrong manner" thai pr.idii 

"amIiigiKiiis results " 

••II appears thai Life Codes^ Mr Caldwell. V!.. an employiM 

tesLs were done in an improper of a Marietia lire store, is sclied 

order, which leaves Hie entire re- uled lo he Hie si-eond iierson ii 

suits in question. ■• l)r Adkisoii Ceorgia lo stand trial on Ihe liasi.' 

testified "l would he imhiied to of gi-nelie ideiiliri( alioii lli-isac 

say there is no iiiati li ' (-used ol lapiiin and sli.iiii;liii|'. hl^ 

Life Codes seientisls waited daughter. Sarah, and slaliliiii); lll^ 

too hiiig lo |>laee Ihe UV.\ spei-i 1 1 year-nid son. Hciijaniin. wlid 

men-; III .1 Ir.-iv ..f i-.-l .-iii-l -..iMcor soivi-.-cd liie .-il!a<-li 'I'll.- -.I'l.- I- 



ll .(I l.y loiiip.iring ll„- leailKHis „l 
,1 UNA III Ihc spi-iinicir. |(, v,irii„r 
o i-noMi.-s Life Codes S(i,-Ml,-,|..,.,' 
(- ainiiK-d an X ray lilin that iii ord 
n ed the r.-aetions and detcrn ,1 

that lli(- DNA samples mail li(-<l 
e lalMiratory offieials lestificd at 

the- time 

I'oliee and prosi-eutors have 

(-all(-d DNA analysis one of the 

most signiricani law entorci-m,-,,! 

Iin-aklhroughsorihe i-enlurv 
Aeroi-dini; to a mum . . ., . 

(lulled last Noveniher ;il Hi 



tani professor ofgoiu'lics al Mor- lom or to 
cer University, told Cobli County an intcn'i 



inalches lilnod lakci 
Caldwell The tests we 



ant-s during a 
rs The school 
id two on Nov 10, 
es will be sc 
inett sch(x>l board 
e each candidate's 
fTectiv^^^of his 
will 1 . ^Kied by 




» 



rasi ballots in the 



rriior from 
odds on fa- 



<» 




X Halloiccen Eve Horror Show 



It was a (rick-or-trraler's — and truck driver's — niRhtmarr. train Monday arternoon, and the eolllsion split the trailer in 

A Iri 1 : ■' ' ■ ' ■ . ^• ,■ • . n-.: . ' ''.'< II' was iivjiireii in (hr acciili'iii. Ill -'I the inlrrsrclion 

'tonil suirt (ieorgin l'!>:i i 



II 



«', iliiiM 



c 



DNA evidence 



, „ 1 11, II.' < I.I. k lll|:h| llvi'SS;il<lllli'V IiikI ulrlllllli'il :i Ii-vv Iiii';i IIii I Mi:ii;ilv <>l |'.i,,wii,,. hi- 

l,Mi:rll.<l II l.lslsl.Hli: hullx Ml llir I llv wh.-ii- Ih-1.1111 IS lirim: IIM- :iM- n.il Ml (Ir.iliMdr 

:li,v i:il """•■ li'i 111'- MiM, imliiiliii): Ihr |-;iil Sliicl U.il Wi- .iir scrlni: :i v.-i v mil :il liiiiii 

111:11 Ihi' I'l.ilk All.iiil.i HiiiM'isllv r Imi iiI |..iI iiiiI'. wiMi Ik-ioiii imiiIiIciii'.." 

ill Mi|i|.li.".. ilriii.ind |.liv .iimI .111- liMiii: li. <l.vclii|i i-.iM-s -..nil .Inn HiiMiill, ;i .,|,.,l<, -.111:111 l.u 

. I ' < iili'l .kIiiiismiiiis li:ivr Mini Im' I'kmI ilisliiini Ihl'V (wviliy Mr .il llii'.|ill.il 11 . iiol lli:il 

.: Ill iiii|.cn,liiii: lirlMili -,:iiil. :i|i|K-. IIS III Im-i. Hill.. Ilcdliy NIC.- vv<' (iiiii'l m.- :iiiv I Ii.v 1 •■ vii v 'I'" 1 

' in.nii.i.'.l iiiMi'i'Mis Ih.il 11:111s r:i<lii' " 

mil III. Il III icii- luiilhs. II. S Ciislciiiis lli.s|iil:il ciiu-ir.'-iM y loi.iii 1 ii.srs ot 

') Ilu in .ii;.'iils :il ll:iilslM'l(llnli'rM:il :il An liridiii in 'JIhiicc ciljrs. incliidin); Al 1 

,' I, •.iii|.iisf l„iil h.ivc :iricslcil ;i1miiiI ;i li:ill (l.i/.-ii l:iiil:i. Ii:ivi- in<i.-;is<-(l sli-;i(lily .siiKc | 

I ill, I ..I III. Mini III :is Ni);rn.ins wlin Innl In smuixl.' liiiiiMi l!l(ir> 110111 r/.(V.'.2 li> l(i.2!I.S 111 1!)W) 

>. .111(1 iii:iiiv |><'(i|>l>' III l<v .sw:ill(>wini: Ii:iIIii<mis HIIi'iI wiIIi Die Iml sen Iiiivc l.'vrlrd (ill in t'lW) I 

M.ii.m nincrinedlii.il p.md.-rT d. 11,:. s:iid irsid.-nl :ii;.-nl in ilcnmi i.l.ilrd d.:illis li:iv(- risrn Irnm 

III- III.- (Il 111;. il Ihr 'Ills." smd rli:ir(:c Willnnii Vi-l.isi-.i •j-n Cilv n:n l.4:t:i In l.lllilt in lli:il pi-iind i 

■rl,.. n;ii(-.ili.-ss|H-i-i:disl lor <-olu-.Min.-slii;;dors ;iitrslc(l ii NiH(-ii:in l,:iw .■nliiircnicnl oIIki.iIs -look ;il 

•ssion.il UrsiMuh .S<-ivi<-c loiipli- in ll:i|icvillc in «mi ly .l:inii:ii v dilViTcnl iiidic.ilols. ' s:iid AlidliM Kop 

iMiiiiirnI h:iv<' l:ir iindn.-sli :ind .si-i/rd Ml i;riiin l.:ii;s ol suspi-ilcd - siciii. who siipcrvisrs llic l.-d.i:il Itiui 

iu-i:l. Tlfd II ■■ li.Toin. poln-r .s:iid Aliiisc W:iriiini; Nrlwoik Wr doni s.-i 

).-ii(-o N;iid. -Kvciybodys Ml Cii.slMins :mi<I DKA olli.-i:ils s:iy Ihosc liner ini-n-iisi's. :iii(M Hunk il> 

III ciiuk. iioliody's rt-idly llii-yrc prcpuird lor iiiorc liiToin I livrlinn soiiiiwh:il " 



- .M ijUM will«t 




V d.i..,,,.,, ,\7v' •*""»••• 

■■" •"••v'..w,i,L'r,K'"^ 

" ■■-i"ni.ls,-.n „,,;„„,*'►"• roi, 

, "r :v "■■■" -^'^ "•■'^::: 

'" loM to III.. ll„iis,. """"" 
1 'I'hy ^li f"<-.,U„;- "u!',T"' 
■'"'■■■ "n-irially ;.,inoi., '.r,'' 
•-li'l»<y for 111,. Mil utw': 
..lloalKiulKKImoMiyhlii,.,.;;, 
' supiKirt<Ts ill n„. M.irrov 



■ipiiICi 



iMiripjii I .oniplrx 
Invoking III)' Ihi'iiii's ol har. 

Ilk :ind opportuiiily, Mr W..^ 
1>>, a Harvard Kradualc. sai 
Congress has failrfl In provid 
lor America's ordinary workin 

Inmate asks 
hut atlorne} 

By Anne C4Fwt0« 




gal .iIIdhs v.rici flew mlo A'.ijnw on an Easl'irn tiiylil ii,j:Ti L^^ An 
golos wore m l.ni; wailing to bo tingerprintod Wedntsriay. 

I aliens detained 



I agents sa\' 
iiig iiivoKcd 

Miami for proccssiiit; 

II promised jobs by 
liarRed Ibem $2.CX)0 to 
'><>rder and iinnlher 
ew York llie nit;hls 
1 s.--. ..I, „f ihosc de- 
•" •!■ s.i k in Allanla. 
I 

"*! >;'>--S f..r eaeh 

«'nl -I li,. ,„., ,„ „„,„, 

«""mtli....„„.n,cli,- 
; ;"■ -.1 !M ill.-Hal 



d III.. 



»«M.i'.',.: 



Inile 



•'lelion 



niKht, 69 illegal aliens were arrested 
(rying to board an Kastern ni^hl in l.os 
Angeles bound for New York via At 

Two diiys later, 27 aliens were ar 
rested aboard a I'iedmont Airlines 
flight in {'harlolle. N C , enronte from 
l,os Angeles to New York 

Wednesday's arre.sts dashed the 
hopes of would-be economic refugi'es 

Jose Vasquez, a 19-year-old from Kl 
Salvador, .said he borrowed S2.0(IO 
from family and friends to join an un 
cle who had found a restaiir:iiil job for 
him in New York City. He and his fam- 
ily planted corn for a wealthy landown- 
er in Kl Salvador, where a dawii-to- 
dark day of field labor can pay $2 or 
less 

"Life was hard And il was daiiger- 



.d Th" 



<i 



battered by heavy righting between 
government and guerrilla forces fur 
more than a decade 

0.srar Medina. Xi. a clothing sales 
man in Ihe Mexican town of Allivco 
'onilll ol Mexico Cilv w:,9 del:iii,.H 



Th.' 



sk.-.l 




Cit*- 



Wednesday to disallow genetic evidence - so 
called "DNA fingerprinting" - from being used 
111 the upcoming trial of a Cobb County man ac 
cused of r:ipiiig and killing his 12-year-old 
daughter 

Legal experts predicted 
Hull the high court's ruling in 
the case of James Caldwell will 
be precedent-selling in Geor- 
gia and across the nation be- 
cause never before has the sci- 
entific reliabilily of genetic 
testing been so thoroughly 
rhallon,ged in a trial court 

ColjbSupen.ir Court Judge 
It.iberl Klouriioy h.-ard 10 da 
of evidence on the que,slion, 
giving the Supreme Court the most complete rec 
ord for and against DNA testing yel presented in 
a II S court 

Cobb Counlv pro.secutors say genetic evi- 
dence links Mr Caldwell to the August IH8« rape 
and slaying of his daughter, Sarah Mr Caldwell 
al.so IS accu.sed of stabbing his II yeariild son, 
Henjaniin, who survived the attack 

(lllkials with Life Codes laboriitones in New 
York testified last year that semen loiiiid on Sa- 
riih's bed and body genetically nuilched blood 
taken from Mr Caldwell 

"II definitely will be a landmark ca.se, no mai- 
ler which way the justices rule, " Cobb District At- 
torney Thomas Charron said after the argiimcntii. 

'VVIiile the justices' ruling will be binding 
only in Georgia, it is likely to be used as a model 
in courts across the US," said Bruce Marvey, Mr. 
Caldwell's lawyer "This is the first time any ap- 
pellate court has ever heard as much contradic- 
ton" evidence" 

DNA testing has been u.sed in other criminal 
cases in (Jeorgia. but defense attorneys did not 
aggressively attack the results :is unreliable 

Mr Caldwell's defense attoriie.vs claim that 
Life Codes laboratories mishandled the DNA 
'.-slum. iii:iliiiii; it so imprecise th:il il .-.nilH imp! 
cale one-fourlii of (Jeorgia's white population 

"There are no standards for DNA-tesliiig pr.i 
cedures and scientists are miles a|iart on d.- 
termining Ihese sUindards.' Mr Harvey told th. 
eight justices "lis coiiiplelelv unfair to a defcn 
' ■ • ,i.l • i • ' ""• 'tele- 





this month 

l.arry Grant l^inchar. 3H, 
sentenced to death for the I 
gambling- related murders 
( harles Wayne Smith. M. his 
' -v.-ii Wayne Smith. 24. and : 
I net Sweat, the 45-year-old t 
u i.nd of the elder Smith 

In a letter last month to I 
K:ilb Superior ("ourt Judge K 
crt J Castellani, I/inchar ast 
the trial judge to schedule his • 
ecution 

"I didn't want to ask you 

would you sign the 'death v 

rant," " l/>nchar wrote Ihe jii 

'rmr,-alIvs<irnl!lav.toa:- 

■: .■|si.-"il know Uiis i.sg.v 

■ .' stru);g|e with y<iu." 

Attorney Mike Mears, wh - 
:isked to represent Lonchai 
111.' Georgia Kesourcc Cen 
said the execution, set by Ju 
C:i.stellaiii, for between Marcl 
and March 30, should be stay. 

"Larry Lonchar is Iryint 
kill himself and he wanLs 
state of Georgia to help," 
Mears said 

Kut DeKalb A.ssistanI Dis: 
Attorney Jim Kichter. who pr 
cuted lx)nchar. argued that 
inmate "just wants to let the 
take its course ■' 

Judge Castellani n 
Wednesday that a motion I' 
hearing on whether Lonch; 
competent to waive further 
peals should be heard in I 
("ounly. where he is incarcer. 

Mr Mears said he will ap 
Judge Ca-stellani's ruling I.' 
Georgia Supreme Court 

Candrdatec : 
as new contril 

^ Conunueil liom Cl 
parlmpnt of Justice apiiroves 



c 



\.i«7j 



fense says move child-murder trial 



By MarK Cu(Tkf«n 

One wrek hcforc Jainos Cald- 
well is scliodulod to sluiid Iriiil 
for Itie AuKUSI I98S death of his 
daughter, defense attorneys are 
iryinR to gel the case moved out 
of C"ot>b ("oiinty to South CeorRia 
because of negative pretrial pub- 
licity. 

"This coniinunily is so infect 
e<J that ttie defendant cannot get 
a fair tiiul." Hruce lian'ey told 




James Caldwell is accused 
of raping and murdering his 
daughter and stabbing his 



^-m son. 



James CaMw«l 



orker 


Cobb Sui.Ti.T Coui-I .lir.l,..- Roh 


bun 


en Ho: 




Mr. ■ 




.st;;:id • 


V o ■' 


raped 


.■.-1.1 


old d. . 


Jt-al! ■■ 


his I) 




Jlc.ya.:.:, v.; . :,-,^..ci.v:.. ,.• 


■d d.- 


several days bul survived the at- 


Of-11 


tack. He is expected to be a key 


y had 


witness at the trial 




The Caldwell case has re- 


olator 


ceived extensive media atten- 


en he 


tion, in part because it was the 



first Georgia capital murder case 
in which DNA analysis will beat- 
lowed rs < ' ■ ■ " ! ■< Su- 
rnetneCi '•'up- 



court-oriiered suivcy released 
Monday that shows a high per- 
centage of local jurors know 
about the Caldwell case, and 
many have decided he's guilty 
without hearing any evidence. 



Judge Hournoy surveyed S<>4 
jurors who c.iine through the 
Cobbj' ■' • ' •' •:"'•■" H, v.-„i,-in 
licr^ . :"i- 



l>le I 



c 'ii, |iiu;.:;il s.-.iO ll.cy li.Vvi ;d 
ready made up their mind as to 
Mr. Caldwell's guilt or inno- 
cence, of that number. 81 per- 
cent said they believed he is 
guilty, while less than 1 percent 



1 



A 




Dishing up Soviet cufture 

Students in f mory University's Soviet Tast Eu- 
ropean studies program have an edge — a satel- 
lite dish that picks up live broadcasts of Soviet 



(Jen Baxicf/SpccMl 



television. Emory is ttie only univeisity tliat mom 
tors Soviet "Channel One" live. Tbe dish is be 
hind the athletic buiWing on the campus 



Cobb pupils frightened 
when truck liits school bus 



By Pat Bur&on 
and Jim Vardley 

St.in wntcfi 



ficials said. The bus was cariying pupils from 
Argylc Klenicntaiy to Bcrrj' I'atch Farms in 
Woudsluck. 

"Mo.st nrt ju.sl ; ' ■ ; Gail 



thought he is innocent 

Attorneys in the case .say it is 
the first liiiie In CJeorgia such a 
poll has been conducted to gauge 
prrlniil publicity 

"We should go down lo 
Hninswick, try the i ase there or 
bring the jury back up here," Mr 
Harvey told the court "We can 
go anywhere your honor wants lo 
go. but I prefer the beach " 

Judge Klournoy pointed out 
that 17 percent of those surveyed 
had never heard of the case. 

"There's going to be a lot ol 
lechnic:.! evidence in this lri.il. " 
Mr. Haivy fj;ili<d. '.tiiil I'm 11 
Mire! '• — .■ ■:•> -i • ..-.i!.'- jn 



would have questions ;-.l.oiit |»;-.(j- 
ple who live in Cobb County but 
who have never heard of this 
case." 

Prosecutors are fighting the 
change of venue 



School chief 
to stay on 

in T)(^K^^b 



By RoiK,!! AnllKHiy Watls 

StdTf wftlci 

The DeKalb County Ikiard of Kduca- 
tion, amid the uncertainty surrounding 
its long-standing desegregation lawsuit, 
voted Monday night to extend the con- 
tract of Superintendent Robert K Free- 
man through the 1994 .school year 

The .school board's action means Dr. 
Freeman will remain at the helm of 
Georgia's largest school system as it be- 
gins complying with a federal court de- 
segregation order A strong supporter of 
magnet programs. Dr FYeeman has said 
he will try to avoid mandatory busing of 
students. 

"We're trying to send a signal to the 
community and the staff that there's 
gonna be stability," said board vice 
chairman David Williamson "There's 
not going to be any drastic changes" 

Dr. FYeeman. 58, came to DcKalb 
County in 1980 and has led the district 
through a di'cade of court battle.s and ra- 
cial transition. 

When he arrived from the helm of the 
I'ueblo, Colo., school system. DeKalb 
was .11 percent black A decade later the 
system is M i- • ■ ■ ' ' ' 



c 





Commission races 
head into stretch 




Up a c«>«K; Nii'icy Casoii. v.^>o liwib on Oi< 
Corx;ord Road near ihe couerecl bndf^ in 



Nickajack Creek, bul. she s>iv";. "i>otxxt> 



Smyrna, has called state a'Kj (cderal pollu ever seems to want to hear atxx/t it ' 



Scott, Wise clash 
in style, philosophy 

By McKay Jenkins 

St.iH wMlir 

Sum Wise dosciibcs himself 
lis II "Newt Gingrich Kepuhli 
can" will) lliiiiks C(ilil) Cnunly 
voters are aTraid of one Ihlnn 
(axes His Democratic oppo- 
nent. Kalliy Scott, says voters 
slioiild be afraid of Mr Wise 

The two candidates niiinin); 
to. Colli) C'Mmtv's K.i'l.MTi Dis- 
tri<:t <-'!n.' " ■ ■ 

hardtv I 



sidiiul politic;:! coMSiil:a.:i !At 
has paid more than $20,000 lie 
is considered by party officials 
to he "the first Republican can- 
didate in years to have the cre- 
dentials to run as a Kepiibli 
can," according to James Hok- 
kanen. Cobb's COl' party 
chairman 

Ms. Scott, on the other hand, 
has received less than $1,.')00 in 
campaign contributions Before 
Ihe race began, she was all but 
unknown outside her neighbor 
hood association, and she has 
accepted no professional politi- 
cal advice. She b-i:.i:i her cam- 
paign s:.yiii« .-^he w.,u;,^ii anyi.ne 
on Ihe commi.ssnm except Mr. 
Wise, whom she says is exces- 
sively financed and poorly 
informed 

"Ixmk at his money! It's 

mind boggling," she said "Why 

Please see EASTCRN. G4 ► 



Western candidates 
resist name-calling 

By McKay Jenkins 



Su.san llrown llarkins calls 
her opponent "a nice guy" and 
says thai "it'.s nice to see a race 
that hasn't been ugly" IJill Coo- 
per considers the race again.st 
Mrs llrown llarkins a relaxed 
"kickback compared to the pri 
mary," when he had to fight 
tooth and nail in heal a'hilli-r 



iweea the caiidiOales 

"There really aren't that 
many differences between us," 
said Mrs Brown Harkin.s, 33, a 
Marietta lawyer. "Neither one 
of us has a record" to be at 
tacked, she said 

Mrs. Brown llarkins did 
criticize the record of her first 
opponent — Commissioner Har- 
riet Smith, whom she soundly 
defeated in the Democratic pri- 
mary Mrs Smith was the only 
incumbent running for re elec- 
tion, and her defeat seemed to 
indicate resentment against 
those in office 

In the g--neral elecli'in. how- 
ever, Mrs Brown Harkins has 
had to find other issues on 
which to run 

It haan't been easy Her 
greatest concern appears to he 
that voters will mistake Mr 
Please sec WESTERN, 04 ► 



fury selection in Caldwell murder trial a tortuous affair 



Macit Currlden 



A week ago Monday, attor- 
ys in the James Caldwell mur- 
rtriiil began jury .selection As 
W. .1; , <:,'ay_ ihey were still at 
1^-: • ■ r the end of Ihe ardu 



Tl.< 



■if Mr. Caldwell, who 
"I the August 1988 
irder of his 12-year- 
r. Sarah, i.s expected 
'i I'liiR and hean- 
l''nj;imm Caldwell. 
' ' ;"t u*d to be a pri- 
■iiaiiiM his father. 
i.^'J *iih aggravated 



assault against the boy. 

Attorneys say they hope to 
complete jury selection by Fri- 
day and give opening arguments 
Monday More than .SO prospec- 
tive jurors are needed to get the 
trial under way At the close of 
Tuesday's session, about 40 had 
made the grade 

Most of the potenlial jurors 
have admitted hearing about the 
Caldwell case, and a few even 
.said they had an opinion as to 
who kilUil S.irah But only one- 
sixth of theni said they could not 
put aside their own opinions and 
make a decision based on the cvi- 
» 



dence during the trial, which is 
expected to take about a month. 

Once .SO jurors have been 
qualified, the selection process 
will begin Prosecutors will get 
10 strikes, while the defense will 
get 20 Each side will use its 
strikes to dismiss jurors it thinks 
will be sympathetic to the other 
side. After 1 2 jurors are selected, 
four more will be chosen as al- 
ternates. 

Prospective jurors who say 
they have a fixed opinion arc dis- 
missed from the case by Cobb 
Superior Coun Judge Koberi 
Fluumoy 



There are other reasons a ju- 
ror can be dismissed from serv- 
ing on the Caldwell case 

Because the state is seeking 
the death penalty against Mr. 
Caldwell, each juror is asked his 
or her opinion of capital punish- 
ment Jurors who answer that 
Ihey are opposed to Ihe death 
penalty and could never impo.se 
it are released by the judge Like- 
wise, jun>rs who say they believe 
the death penalty should be iin 
pu.sed in all murders also are 
dismissed. 

The questioning of each juror 
lakes about 4.S minutes. The 



questions asked by Ihe prosecu- 
tors are designed to find out if a 
juror has ever had problems with 
the justice system 

"We just want to make sure 
that no juror has a bone to pick 
with Ihe state, ju.-;t becau.se they 
feel we didn't handle a case they 
were involved in properly," 
Cobb District Attorney Tom 
Charrxin said. 

The inquiry by defense attor- 
neys takes more of a scattershot 
approach, aimed at learning 
whether prospective jurors know 
any of the witnes.scs. or are jela- 

Pfcase sec JURY. G« *■ 



c 



c 



"I iH'lu'vr c-illu'i •.iiiiu'lliiiii; i 
WKiiii: Willi llu- JI-,-.l-.-.lll(lll sr 

liiir syMi-ii. .11 Miiii.ll ; I 

wniiiit Willi llu- iMill.ic.c rail-. 
Ml l':iltill.il<iW 111.- Cily (■.iii.i.- 
;il Us nuinllily iii..liii(; (>i I '<' 



III: 



lax.' 



c.l IV 



$137 74 l<> JVI.i 4(1 iHlwiin 1>»K(. 
anil |W(l. Ill- s.il.l, a KIK |Hlnill 
imiiMsr Aiul Ills fair maik.l 
valiir jiiiiiiuil 44 luiiiiil i" tlii' 
saiiif ih'ikkI rniiii $K4,(I(I(I to 
SUI.IHH) 

•'Anil if 1 liailnl fussnl alx.iil 
the last nssfssiiiciu. il woiilJ 
liavr hii-n $I2K.(HI0 instead of 
$I21.(1(I0," Mr I'allillo said 

•Kulifi I iiec-d louii |lli<- lax 
assiss.iis I to lose my address or I 
need to send lliein to another 
subdivision," he said- 

Coiiiicilnian Allen llirons 
raised the issue of inequitable as- 
sessnicnls after hearing from 



Imrli.i.iils. lis li.iiil.-i r.M asses- 
sors lo|:ii in aii.l l.ir.'l lln- iiifor 

„i, II rlii' .11.1 i.'Sllll IS ii.il 

Ian ■■ 

Mai 1.11. is lax Di-iKolii I 

will study (■.ilil.("iiiilyi>'oi»ilV 
lax a^^e^Mll.■lll^ Wllliui tli.- . IIV. 
Assislaiil (.lly Maiiar.ii Toiii I'.l 
leMr.iu. said Tax hills w.ir 
iiiailid S<|>l .S -Wr will alt.iiiiH 

to d.l.r K- wh.ii ai.as of tin- 

Illy w.'ii- riasM-sseil llns y<""r 
aii.l what was llu- lal.- ol 
ehanK.-." lie said 

(lly Manac.-r Ken Vaiid.-rs 
li.e himself is iii.lia|.|.y with llie 
c.innly's iiealimiil II.- saul lie 
pal.l $I.Ui.(ll>ll fill his new lions.-, 
wliieli siihse.iiiiiilly was valued 
at $170.0(1(1 for lax purposes Ity 
the time he closed the .sale, the 
lime to appeal the asse.s.smeii! 
had passed, he said 

"There was quite a difference 



(•«l>b <ouiily uiiO.iiooK a 
.oiinlywidi' proixrly r.ass.ss 
iiti'iii 1.1 ...111. I what sl.iu- offi 
rials ealle.l an nii.lrr.sliinalid 
I. IX <h|;eM "' IXK.iu of fair 
iiiark.l v.ilu.- iiislia.l of Ih.- Ie(;iil 
K. pill eiii. Ill of Kl per. .-Ill I'rop 
eriy taxes ..ill. 1 1. -d from (head 
jusl.il lax .hctsl help M liool sys 
leins (.imply wilh slale (.fiiahly 
Itasl. K.lii. ah.iiip.ind.hiies 

('.iiiii.iliii.io lliKins said he 
w.iiild Nk. lo ixa.miie a system 
Ihal divid.-s M.'irietta into quad 
ranis or assesses property by 
wards .so that houses in one area 
1 aiiiiot he reas.ses.sed until other 
,iieas are examined. 

"I'he tax assessor's office is 
lookinc at the bntloni line." he 
said "I think the lari-el should be 
that everyone oui;hl to be treated 
evenly instead of usin(;oneproup 
to fund others who lire payinf; 



said "Thiir lax lull', have cone 
upMKiiifi.aiilly allirMX<..ssof 
2.S lo .«! peneiil in one year " 

llarriell Aon llni'.hl of Dun 
leilh suhdivisioo soid sli.- and her 
hiishaiid have pul their hou.se up 
for sale and plan lo move Ki Flor 
Ida after re< eiviiii; this years lax 
hill, whuh she said was I.S per 
lent lii|;her Ihao last year's 

"riie averace jtax intreasel 
in Cobb Country was only sup 
IKised lo be <i percent, so that's 
more than double," Mrs llriKht 
said "How are people supposj^d 
lo manane' 

"The CI'A had |>relly much 
convinced us Ito movel. and then 
the lax bill came in and we were 
really convinced." she said "We 
paid almost $2,000 in personal 
properly tax. and that's a lot of 
money" 



rr--,cjl sets $3,500 fee to liceuse adrift bTisn.iesses 





1 



: e lor adult enter- 
- i.iinmcnt estabhsh- 

ment.s, which in- 
cludes the cost of a background 
check of the applicant. 

The fee is based on the poten- 
tial demand for the busines.s and 
how much of a burden that busi 



icsideiUs, Mr. I'atter.soii .■;aid. 

The charge is "comparable" 
to those of other municipalities, 
according to Cily Councilman 
Bill Scoggins Hut a check of met- 
ro jurisdictions revealed find- 
ings to the contrary Apparently. 
no other Cobb municipality has 
yet set a business licen.se fee for 



hi Aiuail;.. .■•i.cie j.evcml 
adult nighlciiiiis operate, the 
business license fee is SSO for 
companies that collect up to 
$3,000 a year in revenues. Adult 
businesses that make more than 
$.1,000 annually pay additional 
fees based on revenue A sepa- 
rate license is required for busi- 



Powder Spring's man's request to 
operate a nude dance club on Old 
Concord Road. B. Don Gravley's 
request was denied because the 
building did not meet code re- 
quirements His attorneys have 
indicated the case will be liti- 
gated. 



Jury: Selection in CaldweU murder trial is slow, arduous process 



► Continued from Gl 

lives of police officers, or have 

knowl.clge ol' DNA "ringen'rinl- 
i.ig" t.-cliniqiiS. DNA l.-.-;ling i^' 
cxpecicd 50 be a key part of the 
state's evidence against Mr. 
Caldwell. 

Defense attorney Jimmy Ber- 
ry even asks jurors about his co- 
counsel's ponytail "Does it both- 
er you that my partner, Bruce 
Harvey, has longer hair than you 
db?" Mr. Berry asked one wom- 
an. She answered that it did not. 



A central concern for Judge 
Floumoy is that each juror be ca- 
pable of silting through a trial 
that wil! last fi.r tour weeks Be- 
cause it is a death [...-natty case, 
the jurors will be sequestered at 
a local motel throughout the 
trial 

"This case is going to cost us 
a fortune." Cobb Court Adminis- 
trator Skip Chesshire said 

The judge has called in 96 po- 
tential jurors from across Cobb 



County to be questioned in the 
case. Each is being paid S25 a 
day for two weeks Then the 16 
jurors S-'Kcled to he; r the trial 

will b.- pai<i ??.'i ;■ d'-^y ff" f;^^'' 

weeks. State law also requires 
employers to continue paying 
workers who are serving on a 
jury. 

In this case. Judge Kloumoy 
IS calling in about 10 prospcclive 
jurors a day He has ordered the 
other 80 to remain at home and 
not lo go to work or church. 



"You can go to the grocery 
store to get food, but 1 don't want 
you gninc places where pimple 
will ask Vvm; . ■ -: ; !:-:: <■:■-■ '' 
where V"': •'■'■•■ ■ "■ ii'-''"' •=" 
mation at.oul mi;. •.<■•«." Jud^-c 
Kloumoy told one juror. "1 don't 
even want you t.) go to work. If 
your boss calls and says he wants 
you to come in lo work, you icll 
him I said you were to get two 
weeks' vacation on the company. 
And if he has a problem with 
that, he can call me." 



PRENTISS E. PARKER, M.D., FACOG 

ANNOUNCES THE OPENING OF HIS OFFICE FOR THE 
PRACTICE OF ADULT AND ADOLESCENT 

GYNECOLOGY 

1676 MULKEY ROAD S.VV.. SUITE E 

(NEAR COBB HOSPITAL & MEDICAL CENTER) 

AUSTELL, GEORGIA 30001 
OFFICE HOURS TELEPHONE 
BY APPOINTMEK'T (404) 732-9500 



« 





BELLS HAS THE CURE... AND 
EVERYTHING YOU NEED FOR 
HALLOWEEN TRICK OR TREATING 

- MASKS - Adult/Cblld 

• COSTUMES - Adolt/Ctilld 

- FRIGHT MAKE-UP and FACE PAINTS 

• VAMPIHE WIGS'COSTUMES 
. WEBB HEAn U IKE-Uf 

- (lOHfi. I T I '■ ' I I I -. 11 






c 



c 



ll„|.lisl|>ivi..l. || 

Al lllis IMMMC .^^ 

M,..-.-.S- ,1 

Huh iiiniicm. || 

,11.1 . JH-s.-.l ,, 



:VlC.I prcsciui 

lilllo Ion llllV 

lollrry rcfricii 

, d 111 |«iss I hi 



. " I ..-liKioiis ;iiiyl>"<iv ' 



o 



RED \f 



Son testifies 
he heard dad 



i,iM< I' Ir.'i.l.'ls :,.,uI|m II, l'.;.|>li .1. ;iiiil lliiil.il 

, .11,11, ■Yrs.iiii MMiii- i-.Miiv. Ill, II II. M,-iI,imIi'.1n -.III! ,li,i,iiii:ilr Hi. \ 

,, , (iCii. Ilii.-li.r hi,;. h;,ii.iI." Mini Ki.v viilliii; K.lh. in (.,i.i i:ili, li-. III. ■ , 

.11' III Iliniii'S. I, iiilli'iy ;>i,il ;,l,iiil,.,ii alway. h;,vr Wliiil li;i'. ■ h;,i,)V'l | 

...Ik'IS h,t' will, .sl:,k>'lllils (III,, |>iii»:i, nil iitr llic |inlilii .'il |mi<iiiIkv. lin-l { 

ll/iiiis llir rhnivh vnli- in Ihr i lu r In, ..ti iili'i'.ii-sof llir M..n '.. nhi^imi 

.,1 hi-. ^nvnnnt li,-.l y.Mf iMiihhsl nl ' 

, .ili/r,l "Hill »'h;il'N Inipiiiiiril n, nnl In I <M.I. Wni hi VV.ii lixiililir 

lllln|irc In iij,slm.s." he slinl "Il Uiini- Nrwinii iind Ai Ihiii Mimh ■ 

..k.-lK-ii. hiiN iuvon.i- inniT l,n<l nimc iliM. Inininl Ihr (hiuki;, I . i„|MTan. ■ ' 

, i.ri'lhc cull in llu- pnsl few yi-i,is Ini U-iini»- Hi Nrwinn wnMln- mo i ( 

m:c»ril voli-s In !,<■ ilihv.r.cl hy [ 

I'I(N1M-M-,CLFRGY, D'1 ►■ I 




/^ 



^^A 



i^ 



PatSwIndaii 

Swindall .lis., t|,.,' 
' liiiKCillcii.tiK. 
iMiv.'rnin.'iii i,\\u 

LAWYER TO I:r 

il.iy nrd.Teil a p, 
^.,Vl•rs. charKvi; 
i,i,llK: dealh of , 
l-avdrs. 43.LI 
liild .liidKf Cars. 
Iiidcf .Shafur scl 
hahiliial offcnde. 

WHALE WATCi 

Minnii:nli,lisls. It 
..anceltd plans h 

Animal walct 
fund raisniK tri[ 
hirds. Diianc-M. 
•l.iy Tlif wtck. 

Kn\'ir(,nin.-. 



I 




^...i.i'U S r.si, aodv 



tc luitnitxl iiMo.i(p<>ui il« Southeast; only atmul 
ai>. nigfii kiving canines sunnve today. 



s released 



next decade, hioloKi.sls and 
park service nrficials hope 
that there will he 50 l.i 75 
wolves living wild — huniinK 
rahhiis. racc(H>ns and other 
small Kani'- and rearing tlK-ir 
ynuoK - in Ihe park Kvi-nlu- 
ally, the wiiK-es also may nii- 
(jraii- I.I ni-arhy l'is>;ah. Nunta- 
liala and Cherokee iialioiial 
fiiri-siN in Nonh Carntinn. and 



(» 



P'Th.-ips In III,. CI,, 



Ch. 



Sl.ttlV.liIi-l 

COI.UMItUS Wiih I. MIS 

sireaniin^; down his ^*i<:c. Hen 
Caldwell told a jiir>' Monday lliat 
he heard his father's voice jusi 
seconds hefore he was attacked 
with scissors and the sa.sh from a 
dress. 

However, the 1.1-year-old tes- 
tified thai he never saw his at- 
tacker's face, nor did he witness 
the rape and slaying of his 12- 
year-old sister 

Ben was the first witness in 
the capital murder trial of his fa- 
ther. James Caldwell, who aii- 
lhniiii,-s s.-.y rapcl and killed his 
d;:ii(,'hler, Sarah, in Aui;iisi 19«.^. 
and then attacked Hen. who was 
I hen 1(1. 

In his first piihlic statements 
alioiit Ihe incident. Hen told the 
jury that he was awakened Auk. 
16 hy "hancinj; and tl.•ln^;in^: 
noises" al his hnme iii Ihe Knllinn 
Mills Aparlmenls in Mariella lie 
said he looked over and hriefly 
saw his father slandinK in the 
diHirway When his father left, he 
says he went hack lo sleep 

"Then I rememher my dad 
coming lo the door, calling my 
name," lien lestified. ITfCsound- 
ed cross, mad I knew it was \\\i 
voice Ahoul five .seconds later. I 
was hit on my side His voice was 
in my riMim" 

"The next Ihiny I rememher 
is waking up, leaning against my 
door I was dizzy I I.Kiked down 
al my clu-.sl and saw .'i hole I fell 
somethini; around my neck, a 
hiack .sash" 

Hen. crying uiicontr.illalily. 
tnid the court how he tried iin 
successfully to cut Ihe sash with 
scissors 

"1 ran the liih full of water 
and gnl 111," he said. "1 wanted to 



In ttio capital murder trial ul Ins 
l.itiior, Jaiir\(!s Caldi-.tli (left), Ben 
Caldwell was the first witness. 

clean my wounds 1 ^ol in the liih 
and laid in there and Ihe walei 
got all bloody So I lei that water 
out and filled il up Hf^mn The 
next thing 1 know, I woke up in 
Ihe hospital" 

Defense attorney Jimmy Her 
rj' told jurors Ih.il H.-n has mad-: 
eonflicling stalements. 

■"l-irsi he said, I don't know 
who did it Then he said. I think it 
was my d.id," Mr Heri-y said 
"In his inilial pohce interview, 
he gave police a description of a 
man he li-l in Ihe hniise. The de- 
scnplinn looked nothing like 
James Caldwell " 

Mr Herry said Ihe stale's 
case is hased on "a Inl of specu- 
lation" 

"This case is a pii//.le with a 
lol of missing pieces." he told Ihe 
jury "The real gueslion is Who 
did this?" 

Colli) County Pistrict Attor- 
ney Tom Charron conceded that 
neither Hen nor anyone el.se wit- 
nessed the alt.ick on .Sarah 

"But pubic hair found on Sn 
rah is consistent with tho.se taken 
from Mr. Caldwell. ' .VIr. Char 
ron saiil in opening sialenienls 

Hodily nuids l.iken from the 
victim's bed matihed Mr. Calil- 
well. he siiid 

Mr Herrv ail.icked DNA 
tests, as "iiic.iiicliisive and unre- 
liable" The .slate .Supreme Conn 

I'kMse see CALDWELL, 04 ►• 




ANIMAL C'^ 
Hue has given 
Ir.'iining and n 
iii.ilnourished 

Kayinnnd \i 
iininials and ill 
three opossums 
lea.sed Saturday 
ihonties raided 
ly of Villanow 

Thirteen dof 
ler Agriculture 
lering .seriousl; 
Kochari.execi 



vereRAi- 

wlio has pr.-.: 
liny .Southern 

Cleneral !/• 
.-ral Lee only .'- 
KiverCiame K 

Mr Rilling 
who he said ha 
.'ige He said tl 
the unveiling e 

According ■ 
row and sees 1 
six more week 

GAMBUNG I 
kiw enforcenie 
several home- 
searching for ' 
operation, Ke. 

No one wa 

Officials fr 
Augusta poll 
searched "pi- 
C;iroIin:i in c. 
Smith s.iid 

lleiefus. 
Items h.id b, 
(hat .'I local gi 
Molated fed. I 
iiilormalion. 
ii.ilia. money 



r 



o 



|l:,|.n..l-- I'-'V'' I'l " wn I., K ) |„,ll,il l.r. .Ii 



|lr»?*i?*^»J 



rZl.1''" . .,J.I,- >■<>'•■"'' ,.„,..,■ Ih.vv.' 1m-, II Mlrlil.- I(. „,1 ll,.,l r..' I'.l'.i.l ■.. .il.i II., ,.i.,.,„i ...Ml.- .,1 U.i >. 

..|l,,» "'■",„'|,„|,-..l ilii-l"">' K,.,;,-. ItvKl ll> ll.i/l,-liiir:.li. .1 I,, 11,1V -|MiiiL-.lci-.| li;ivc Miiiir AsM-nil.ly," In- -.iml Itm 

, ''""I'.V'c II"-- '■"■''"'■'" l..ii.-i\ "I'l Ml. ..11.1 Mi.M.l.iv ..: .-II.-, I wlh-ii ii. . I..-.. .' .■>" ■!••! .".ii. .Ti.i-.l l..-...ir..- ..... ; 

|.|,l."-"' . \v.--l'>-"' '''"'■'"■'" .111 All. ml.. .i..-,-lii.r. «illi 1. 1, ..I l„ ,1 s.-,,.l -ll.il ll.'|..-r.. ..I r.|.l'-l .ii .- Ill,- III..-.I Vf, llllii/i-.l l.y .: 

il , ;' ,|,.-M.il.'""-l''l'""' 

''':';;;;;:;'£':;,:: Caldwell: Son says he heard dad's voice; 



Ml.-.ll. ..I I.-, I.I.I. , -I.. .1" ■ '. 

|,„ ,, |„i|..,- I..II l..iiml 11.111.- 

:,.,i..li I1...I l.,.,-ii i:>|><-il .....I 

,ll, .1 ..I -.11. ...rill: Ml ( I... I 



.1 u. . 

""'ih'.l.'.i 1 !...>'■ .."Vl'.'.lv .... il.. ►• I ....liiiu. .1 1 1)1 1.1, Kill.- .1. I, ii.l.iiii I1...I i.i.iv,-.! Ill 

!"',',,, ,.lil II, .» vUi.i h.r. Ihi-. mill III-, l.,iiiilv ■■ 

' ,V„v ■■ II..-- iii.li.-l.l III. II-.- ..I UNA I. -.1 ll.-ii I. ,1,1 III.- i.iiv Ik- U.I. I,.,i, 

" iu.i^v 1.1,11.1.- 1'.. I'l.. -.' .I'- iiii:iii.iii.-.iili.-i . Ii.ill.-iir.-l.\ Ml t,\ ih.ii III. i;iili< I II. 1,1 I. mill, , I 

Ih.-il h:iv.- .■slilll.-.l .ivv.iv III. Ill .,1 ( .il,lw.-ll-. .1II..111.-V-. Ii.,ii„- ,.l,l 

s|i'lirlU-l,-ll III'- I'l"!'--'.".! <■■!.. I' -I l.,v.-.l 11.- h,- s.-,„l -I I, .1.1 '""'■■'' 

|i>liiiii-iil l'iiiis«-iv,ili\.- iii.n,- Piosociitois liiivi! mil Milil in.-is.,-iil l.,-liic,-" ■Miiiu iiliiii'lV. 111-.. --.1. 

iiu-iil.s llliil li.-ivi- .s|,iiiii|; ii|. Ill u-lMl llu-y l.i-lu-vi- III,- lui.liv.- Ill Wlii-ii K:iy C.ililw.-ll i.iiih- vlvrll."Mi ( lilii K.n ^..ikI Hi. 

llu-ii |.l,-H-r liJivi- r;iilr.l li. slum ilu- ^l.,yln|: i„ hv Imiiiu- iKmi wink, slu- li.iind ii.-r y"""!!-'-!'-' w;i:. in .-1 < i.m;i Im iv . 

Ilu-y n-|>iv.s,-iil 111,- In., .1,1 |,.iM-,,l -riH- Cil.lu-.-lls w,-i,- II.. I ih, ^,,11. IU-ci.l,i(c il.nvii III III, Kill ,111, 1 (l.-iy.s. lull wilhinii wcrk.wiiMilil. 

vdlor.s. si'vcr.ii ii-li|:i(iii.s li-.-idcis iy|iK-:il AiiR-iu.in l.-iniily," Mr Iwilli w.ikT. Mr. llianon siiid In l.iik Ki |)iilac 

s;ii<l Cli.irn.n K.lil Ilu- niry "Kirlil ■■.She ml llir .s.-i..,li fnim hi.s The Iri.il. .ii<.v.-<l linin C-l I 

Tin- Ci-oi-Mi.i li-iii|>,i..ii..- veils <-iiili,l. 111.- >U-l,-n,l;iiil li;..l tliin.il Jli<! liillrd iii.ll,-,-." lu- C.iiniy 1,1 Ciiliiiiiliiis Ik, ^m-. ,- 

I .-.-ICIK- w;is rfiKinii'd .'II yiMi'.'. ;ili;imli>n.-,l Ins l;iiiiily Ii,- nrv,-r s.iid "Shr i.in niK. .S;ir;iir.s i.H.in. prrlri.-il pnliliciiy. is t-t|.ciU-il -, 

•■iiiil IS ii.iM- the (;riir|;i.-i c.illcil. wiitw or visiu-d lli.-ni ulii-ro slu- fiiuiid licr .I.Mi|;lii.-r l;iM llir.-r wirck;. Tlic .si;!!,- 1 

.•il.,ii Mi.i-.l :in,ICivi, C... Ili.ii, IK in.. mils l.rlnr,. Ih.- .,1 .nil ... l..-i iii|..l.li-,..«ii lli-n.,: .-. .,..,-l,,n.. ll..- .l.-.ill. l". n-'-IIV 







* 



Its performance makes 

it hard: to pass by. 

So (lotjs <^r)ttin.i^ ^}i)47 vvoilh 



Cjiiick. I\(:.s|i(iiisi\'i;. i )\ ii;iiiiii . C !li';ii K. 
I'<ii<l I'mlir (II. liii.-^ ii(;\'<T Immmi ;iii 
iMSV < .11 !<' I'^is."^ And luiw lliroiij^li 
li'liiii;ir\' -,'1. i('st;i till}; til lie jii.>;l .1.^ 
Ii.uil III p.i.^.'i 11]). Hi'Ciiii.sc dm in.; till 
liiiiili'd liiiii'. lltr HI'.II I'nilii-t 11. 
1 Ml lies v\'illi .s|ic(;i;il |iii!liTli'<i cqiiii. 
nil '111 |i.ii k.i^r .!rilA .iiui .1 pifmuiiii 

s id ClSSI'lil' Sifll'lt ;il MlMAllil ( list 



e 



G^ 







ids lottery to foil House 



Measure likely up 
for vote 'i'luirsdny 

Oy Chiirlus Wiilston 



A sliilrwulc Inline i Iciinil ii 
iiugor htirdit* iwul iiiovcti on (n ii 

hpNioru- vole he IIomm- lli.m 

iMiriK'sitiiy. KMlir llou'.r liuliis 
liy C'nmmillcc iippriivi-cl (lov 
Z.-ll MilU-ls |iii.|M.snl on ii 16 7 
vcilc 

Speaker Tom Murphy is rx 
peeled Id cull fi>r ii Ifniise vole on 
Ihe nuNisiire 'Muirsdiiy As a prf»- 
posed ('(MislilulKinal aiiieiKl 
rneiil. il will re<|uiie I .'(I voUs 
iwo-lhirds of llie elwitnher lor 
piissaxe. 

Mr Millei said lie exiuvls Ki 
have the oi-eossacy vcites hiil de- 



(il III 



"I lirl like wi-viT""" up 
Hir.lilol -.Ian:,.. mil now we've 
iinolliel Hlrhl nl '.Ian .llial wi 
I'lil III I'.ii np a llllle liil .liepi 
Ml Mllli I ',.11,1 

rlii-li.-.illii|-"aM..i ,0, 

llie lairesl . oiininllri' lii.Mi 



llie Capilol. 
via closed .11 



and an ovei I 
'd 111 llie hallv 



Moielliiiii.KI wiliiesses lined 
lip acailisl Ihe iiieaslire lliey 
plan lo continne Iheir loliliyiii); 
elToils, hill smiie adiiiilled thai 
Mr Miller may hav<- eii<iii|;li 
voles lo(;el il llii oni'.li llie Mouse 

•We have a chance. Iiiil wi-'re 
up aKiiiiisI .some vriy (lowerliil 



foice.s." c 
lleiideiso 



(led l!e 



ell 



ii|i III 



Metlliiill'lt 
noi ol llic 



il on Mor.il and Civu 
nil anil Kainlilint 
tded l.y .■.onllierii I'.ap 
list .'iiiil llnilril 
( liiirehes 

•■Wheii Ihe );ovi 
slali- IS pii'.liioi; II II makes il H 
dilleielil elf.i.l ■■ 

II Ihe lliilr.e passes llie lot 
lery pi.,po..al. 11 would ,:o lo Mie 
.Seiiale. winch appioved a simil.ir 
measure iwo years :iy.i, when Mr. 
Miller [iresided as heulenant 
l:overiior 

I.iisl year, llie Industry Com- 
inillee killed u lottery hill on an 
1 1 ft vole Tue.sday's turnaround 
was Ihe resiill of nine new mem- 
bers on Ihe panel and a belief 
that Mr. Miller'.s ciccliun .showed 
a public desire lo volt on a hii 




ofl!.. 



1 




Bon Catdwoli, 1 J. testifies ogjinst his latlier. the suspect in a 1988 altack Ihat lelt fien w.lli 



PlHjlos hy Mi*i1«iHi Kyir, 

iiiilli)ile Slab wounds .ind his sister dead in Iheir In 



Rape-murder linked to porn 



j>^ 



Prosecutors 
say fatlier, girl 
watched videos 

By Mark Currldon 

5iaHwi*i 

COI.liMHUS — Cobb County 
prosecutors .said Tuesday they 
believe Juincs Kobert Catdwt^ll 
raped and killed his daui'hier nf 
ler watching: iioiiio^raidiic vid 
eos with her 

The new claiiu eaine idler 
K«y Cahlwell. Ihe defendant's 
wife, testified I iiesdiiy that her 
bii.sbniid kept Iwiiaihill videos in 
Iheir bedriHitn closet 

' ■■ that lie 




Kjiy C&ld>«ell testifies at tin.- li;jl o! I.l:u^„ Ho:^i\ Ciku-.c. (nulill. bi- 
ll' isband. m Musco(j:e County Suficnoi Court. 

watched two adult filni.s and thai killed. I'uhb A.s 
he watched them with Sn- Atloiney Uuss I'l 

rah" the nii'hi bi'l'iire she was nor ('iniil .liide. 



islam Disliii 
iker told Siipi 



noy. "These were beastly afts 
Iconimilled upon .Sarah) aju- 
somethiiiK bad to cause lh<; .. 
beastly acts " 

Mrs Caldwell testified tK-.i 
the niKht before Ihe killinu. *!« 
and her son. Uen, went to b*«i 
early but Mr Caldwell (in.! 5.i 
rah .stayed up late walchiii>; cl. 
visi<m in the liviim room \ 
C'ahlwell slept on Ihe In: 
room couch thai night, she ..i... 
and after Sarah was killed |s li 
found Ihe pornoj;raphic vi.ie 
— not in the closet, btii ond. ' 
the living room couch. 

Mr Caldwell is on Iri.d ) .. 
niurder. rape and «(!»;ra\..t'. > 
assiiull in Ihe Aiif! i«. i'>h.s 




PI.- 



■VIDFOS. rlJ 1 



(^ 



rO. 



<^ 



-:\ 




Ity Siisiin laccottl 



-s I I . I. iiMiu', I.! .Ill ifiikii.iwii CiMilr.l.r.iU- scl 
.C. .Ik I . Iiiiiiiil weeks ii|:<> wlien roiili ,ii liii ;. iveii 
*t ..I, i.Mir. Ilie Aliil>aiM.'> I li|;liw.'iy in Koriie. wjll lu- 
I ■line, I uillni niilil.iryeeielilriiiy S.iIukI.iv .iI III.- 
. llv■^ Mville IMII {■ciiielery 

Aliiiiil .S(l iiienitieis <il llle Cedri;!;. Divimi.m 
l;.- iMi.m.irs AsMKialjiiu. winch Nlli|;e'. inillirii 
II. Civil U'.ii rveiils. will > mil (liii.il.- Ilie ee. eiim 
nv. liicliulliii: .1 five hliK'k iii.ii. Ii In llie ('•iiireil 
(1 .lie seeli.in nl lli<- I.m iil diiielei y 

The leniiiiiis ol llie lebi-l .-.iildier will li< >ii 
sl.lle I'liil.iy ill IIk' I'lrsl Cliiisll.in ( lilin li in 
Uciiiie The . .iskel will he duipeil wilh ii ( inife.l 
I'ljile n.'ii: 

"Here is ii iniin wild leH Ins (.iiiiily .iml 
Ii leiiils In fi|:lil fni il < Jilise he lielleved in, :iiul we 
111 lieve ilii-y deserve the recdciiilinii of ii deceiil 
ClinslKin Iniruil." said Krmik Iteiison. cnni 
iiiuiideriiriheCk'drKiii re-eiiaclincnl croup. "Wc 
.III' ainaleiir historians, and our interest i.s in this 
jti ridd " 

I he leliel soldier was prohahly killed (hirini; 
':rii William I' .Slierniairs May IKM sief:e of 
..me Cdiiliaelois r<nind lioiie fra(4TiienIs. Iiiii- 
I..IIS. chilli, two bullets <ind an iin|iressi<in of a 
I-mIv ni the .shallov/ 1;. avc ili.ii Ii.kI heeii covered 
1... :i Ii-e. Me H. ■■■-.■. •-••■' 




lid/iids Vdllll^•. Id have slate Kep Tiiin Kil|.(,re 
(I) Ddiii'.lasville) iiilrddiiee a le|:iilalive I. ill ili.il 
would c leale a eharler coniinillee 

Till- edininiliee. ex|ieel.-d Id have 12 Id I.S 
nicnihers, wonid study tonsolidalion of the two 
novcriinieiils and come up with recommenda- 
tions in alioul a year, .said Dounlasville Mayor 
Charles Camp The i.ssuc would Ihcn f;o hack lo 
the voters r<ir approval 

Vdlen. l.isl Noveniher narrowly siippoi It-d 
eonsoli<i;ilidii in a straw (>oll. 

City and county officials h.ave .said tliey su|)- 
piKi coii.soh.l.iiiiic, til.- |-.dverii;iiei!ls. •.vlucli they 
s.-ii.l could :;ii-..-,iini;ii.- \f,um-\m\vuX :iervic<-s. 



Miiiii y<tr(u-l. Cn . u/>;»r(jr.< V.'c(//(.-;...',iv 
l-nii AlUiiiKi'ti iH-iv'ii 



h- Continued (rom Bl 
sl.iyitiK of his 12 year old 
<lau|jhtcr and stalibin^ uf Ins lU 
yejirnld son The .state is seek- 
ing the death penalty in the trial, 
moved here on a change of 
venue. 

Through the questioning of 
Mrs Caldwell and statements 
made outside the presence of the 
jui->', pro.seculors made it clear 
Tuesday they believe Mr. Cald- 
well had been sexually abusing 
S.'n>i> for several months prior to 
h<-T death. 

"They would play around 
tickling each other and she 
would sil on his lap and they 
would tickle each other." Mrs 
Caldwell told the jury. "They 
would pinch each other; he 
would pinch her on her breast." 



Mrs Caldwell te.stified that in 
the months preceding her death, 
there were noticeable changes in 
.Sarah ".She cried easily. She 
wouldn't confide in me as much. 
And her grades dropped drasti- 
cally, from A's and IVs to fail- 
ing," Mrs Caldwell te.stified. 

During cross-examination 
Tue.sday, lien repeatedly denied 
or .said he didn't remember nwik- 



asked "wii if it was his father 

'"Veah," the boy replied "I'm 
just going to blame ii on liiin 
right now" 

"Hen asked me the next day 
why his dad wasn't there at the 
hospital with me, and I said he 
had been arrested," Mrs. Cald- 
well told the jury ''Ben was re- 
lieved He said he was afraid his 
father was going to come through 



ing .statements to police whicH^r the window and try to kill him 
connicled with his earlier tesli- again" 



mony. 

In an interview with police a 
week at\er the attack, Ii<:n said 
he didn't know who did it. He lal 
er told police he had let a man in 
the house and that was the |ier 
son who did il, giving a detailed 
de.scription of the man. 

On Aug 22. I9H8, <lelcclivcs 



IIowev.:r. Mrs Caldwell also 
told the JU17 that her hii.sband 
"acteil sincerely upset" when he 
heard aboiii his daughlei's death 
and the ailaok on Ins .son 

Hut that night. Mrs Caldwell 
.said that while .she couldn't sleep 
because she was so upset, Mr. 
Caldwell "slept like a rock." 



GOiNGi OUT OF BUSIhitSS 



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tri-jori»». Old & ni.r«. Out ol Print. Died 
*r>(1 New . . . 0t1fT9-<l el pricek you won't U^ 
ll've ... Includino A.i. CooktK>ol.5. Sj.orls. 
Btogiaphlas, Religious, Auto. Civil War, VAV 
n. Hiatonr. CoMectino, Mualc. A much, much 
more ... Pepeibrcti I. Ui -t'.ttrr.i t, 



• Today thru Sat. 9 to 9; Sun., 12 to 6 
SOUTHERN HIGHLANDS BOOKS 



''-:;:;;; I-" 



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■""•r-.e,,, 

•■•'SI |'„|,„ v., I -'I'l'St Ck 
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■>« y''"V'AMho;' I'", ''•"•'•.., 

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SmilhoKolleeep:',,"^' ""r. 
ISernard lliown ,,'r ciri'irl'''" 
silers. Uiiiise terry „/",', 

'■-y. N.-.d„i, „y„„ ami [., 
Kaiiiw.iler of Atlanta f|. 

llarre.olColhgel'arkand 
driMl llrowii ol Kast I'omt 
grandchihlren, and five gr 
grandchildrx-n 



Videos: Part of evidence in murder-rape trial Ir- 



s 



IS(),(U)() 
ROOKS 



NORTHEAST PLAZA 
(nemo J C. Penneys) 



K. 



ii.; 



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1)1: 



i-;\i I. ^ niixi : \()i i m ^\ 




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?<.State 



Tin: ATLANTA CONSTJTirTKtN 



iiiiriMiAy lAriiiAiir li. i'(4i 



Boy struggles witli emotional scars from 1988 horror 



lllI.rMIM'N Miiiirrn \iit\ 

,.I.t HrtO '" 4"'''«*'t' •I'"**" I""'' 

limit Ki HI* '"> '»*" l"**"* ""'' * I""' '"" 
n.i.xir « »•> • • t llir n^nt h .hi Itin .Mini 

miur lir \\n% left foi tirn.l in Iiik l'iil>h 
I'ntiiily br(lnH>ni. MrrJinit t\uu\ orKh 
uouiul5 cniiMril hy Fii^KOi ic i»i n Kiitfr 
The nionttift iciiu r tinvr nnl l>rrit Viiul 
i.> him or l)l< MMrthrr 

Wlicn I »!.> u« I'K Iptiysunl cdm II 
1 ixii). irir othrt kuiN 5rc my tumv hiuI 
fhvuy.t tvnnt l« know whtll Imii 




Vf CakK««ll ond iKir son. Oon, nfimn 
»n(; lost fmlM In pooi»lp fw oiiro wns 

l«> to Mrs (nltlpr. Mmos CltWwT*!!. IS 

i.ii){ihI Willi slnl)tiin(; Ik-ii o'hI min'i*; 
Kt nnir\lriiii|tl>is S'SlOf, Sninli. 

lit- wtirkcO his uny itirmiiili tin 
ItcrnrdrMl lUis wc*'ii — I'is icMiitiit 
■inhi!tr>i1lH-rKtiiiinki (tmi 



I Uy. 



"I'm jusi yjiui la fiiuiHy y,rt {tiiy IcstntKtnvl (nfcr wilh 
I'hc trml hds hccti drhiyal five titnrs I dnhi'l think tl 
was fvcr f^oiiia to hditficti " 

B«ii Caidw«ll. 13 



- i-lmriiPil wllh Ihr rntir nncJ nitirdrr 
of lilN 1 2 year old JmiKtilrr Nnrnli niul 
nititrnvnlrd nn.miiilt nttHliiNl Itrn 

hen tcKlifif.l TiicNilay llml he wnN 
CiiiirulciK It uns liik (aiUvi ivtm en 
icrcd \m hcdriKim on Auft 16. IVHK. 
nm) 9rl tipnn lihn. nlnhblnK Itlin rc 
pciileitlv }''■-■ '''^•n^ In- r.'.'\-iT iriv." I,K 



ever uoIrk In liupiien " 

"I wtin Hcitred to death nhoiit l< 
rylntt." he flnyfi "[ Ihmitiht lite ni 
iirys were K"i"« tube renl Iniinh 
Iticrc utiuld he tfinirrm nnd rej 
cTs^'ctf cry where Mm if I cmdd 
'Other nhinteil kMI^ one ihinjc. ti wi 
hertMiril.-fif!»iifI I'V !i"i (h.n h, 



the ,.. 



thai (...Ik 






npr ( 



rll'nhomelhol fenlurcd I 
iiiilri ninn luivinK kck with n "ynunfi 
Kirl Iflklnft plnno Icitnnnit" and annlh- 
rr "younK (Jlrl Seoul" who had come 
lo Ihc door aeHinK cookies 

MrtrJetlB neiectivf Waller Parker 
read Jurorn an Interview he had with 
Mr Caldwell the day of the Incident 






hiid 



lliuudhiR ohnut your datjRhteri'" Mr 
I'rtrkcr fiNked 

"Nil I nirait. I think it. »li. Ihm 
.'ihc'.i cute, nm! she'.s . I've ncvei 
tmtl lh**'»- iltoit».li;.*: " Mr (nldwelJ r>^ 



Fair uses 
scani to 
lure rape 
victims 

By Kathy Scrubs 



Sunw 



priLCS on SI 

fo^^hniei 



Two men offerinf; barftain 
prices on silk clothinft have lured 
1 from the Five Points 
month lo a secluded 
_^ *here three of them 

sexually asuulled. police 
sHiil WcdnesdMv 

The althcVs by the uppnrent 
si-tinl r«p;sis bryan jHn 5 and 
thf lasl thrtv in-idenis nrcnnrd 
o-i Snn ?t III all tlie c^i c.s. tl;- 



. Ibev dro 



r 111.- 



NUier F.leiiH:iiito:y School, l.iro 
Prtor KoMd. whciv lhc*y w-eiv 
Mtl.rcfccd 

ISihtf in |)<iwiHown's Zom- S 
were bni-rcd Wcdnciidiiy Iti be on 
llie lookout for Ihr men — dc- 
scTilx^d HN vvr>- ncal and arlicii 
liile One. knnwii n% "Teddy." 
Kiiioked a pipe 

orTiciTS were inlJ "thni they 
hud e.\liihli%lied n pitllerii and to 
be tm the liHtki.iil fur Ihriit." Mtid 
/j.ne 5 piilit »■ Ski J W Ui id»:es 

"Al ftrsl wr thoiiKlit we biul 
niel two iiu e people." Mod ii I'f 
yejir-ol<l wniiiHit nt|H<l on .(:iii 21 
Jilkr she .-iiid n friend met the 
nun ai nil UnderKrouiid All.iiiUi 
ht.r "Tbry lold us lli.il lU-y lititl 
«.b.lhrs m MMiH- wjirvhiHLsc and 
tliril iiuylH- we uiiKhl lo M*r llie.M- 
< I'.lheiJ 

"My niiMakv w.t;i Ifliiiii: lliem 
follMw US lo lite car." she i^fiij 
Hill my worst mistake was lei 
ttiu: them gel inllHrcar wiih u.s " 

(Incr ai the scImioI. oik oi'the 
iM-.i "hir nie from Itit- hack .nul 
kii.Kked me tip Mdv the head** 
Mt'* wjcs rolitx-d of j*-wrlr>'. sc- 
vr/.-ly bijiit-n and fap«-d. pulitr 



II.- 



I <.«>lltlK.tl|<MI liHiclil 

iiempi. |MtlM'i- N^iJ 
•if till- women wvi 



After a dl»cus«k>n on geixicr storeo 
t>T)es. students m Carol Call's se« edu 
cat'on Class listed ibings tf\ey feci 
they niust do because it's enpecied of 
their gender Tbis was the males' list 

Miller's 

sex ed 
p[ai:^ h.[ts 
a snag 

Kduaitors say hifili 
school's vvmng tarx,'Ct 



tt-nlly w 



Ihc 








,_. 


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<■')! t / UUCHIJIIU.' 


S^^^H^^^^HhH 




■■ 


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V... . ;.- 


MM 




HH 




HI^Br ^ , ,. ^..fln 



oils, liny way 

"I'm not sure thai ihc additional 
money i^ neccsKif)- for soniclhini: 
thai we already have." said Glor 
umne Paitcrsnn. assistant supcriii 
lendent of IIhH Coooty schools 

"We're already doini; a very, 
veiy it«>od )ifh with sex cducaitnn in 
metro Att;iiiia." echoed Karen Kox. 
Kiillnii Coiiniy's yen eOiicatiiHi n|u- 
ei.tliM "I don"! want afiotltei bi»* 
pr<it;ian) niandateil llint wiitild foi*.-e 



► Mwe on the LegisUKiirc D3 

ii\ to rhiriKe or undo what we're al- 
rvaiiy doiii^ " 

Siiu'e M-i education hei'ainr 
iimiidaliiiy ihrve years aijo. virtual- 
ly every iM'nruni diMi let hll^ fiilU-d 
new ten. hiiiK iiii.t>-roils. Ncnl leJich 
ers Ik Hork.slHtj.s and aicreetl lo ad- 



dress seiisilive topics 

IIikH sclioul teachers alreJidy 
have received ihe hiilk of iliat traui- 
iim. scluhtl offu'ial.s Miy. And mn.st 
youngsters liav«- foriiieJ sexual aiti 
ludes — aiid mu- fourth «i more 
Iwve beftime sexually aelive N- 
foro Ihiy reach hi|:h s^UmiI 



PIlMS 



L-SCXEO. D3» 



bv -et 

holds the line 
on tax rate 

Hut reappraisals uill jack up bills 

By David Corvetle 

Si.ilwT.ie. 

Fullon County commissioners rejected a prop- 
erty tax incrca5e Wednesday, adopting instead a 
IVVl budget that ehmmtiies more than -lOO vacant 
positions 

But many taxpayers will still find higher tax 
bills m Ibeir mailboxes in July Results of Ihe first 
itiunlywide reappraisal in two decides will be sent 
to pro|K>riy mvners next im^nth. and ashessinenis 
on undcrv-iilited parcels are expexie<! lo increase an 
average of .^i (f.-: cent 

et!.hS.l.«;r.imllio!ibiiiIi{e;. 



iich I 



I 5 



per 



►■ City (u!0ujv»s p'oiesicd 02 

crease over Ihe IWObiidgeir 

The .10 percent e.slmtuled growth in llie lax di 
geM — theloliil vulucofallpropenies in ibe county 
' will bring a net increase of about S40 million in 
revenik-N to F'ullun this year, according to finance 
officials Thai auiounl would have lo increase an 



•iherSI.Smillii 



■ I milt 



"We are hopeful Ihiit once the digest is fully ap 
proved that we'll have in the Iraiige oR several mil 
1ioa.s of dollars over what we anticipated." .said 
Commission Chaimuin Michael I. Umax "Will 
we get to reduce this (tax r.ilel by I mill'Tholismy 
goal, hut I'm iiol certain of the reality of that " 

At Ihe current rale, the county laK bill en a 
SKKI.OOO home IS SS7-1. not counting inunicipnl and 
school laxes In the special servitcs di.stricl — the 
tiniiicur|Uiraled area of the county where resuk-nts 
pay addiluinal laxes for county police, firr and 
parks scn'ices ~ the tax on a stnularly valued 
h4.meLi$777 

f-Iach millage point tnninied fnint the tax rale 
iepresent> ;i savinj;s lolhr l.i'^payei i*f St for every 
Sl.OOO in assesM-d value, nnd a I null *lecrcase 
«4iiild reduce llie couiuywidc tax on a SIOO.OOO 
hl^«e!oS5.^n.a6^percenIre.]uct^4>n Thec*Mnmis- 
sion will sel the nulli.gc in Ma> 

TIk- county innimed il> IVVl bu.lpe: by elimi- 
naling 4^.1 v.K'ant positions. at>oiii | II percent of iN* 
county's work force, transferring the cost of retiree 
iK-allh and life msurniwe and cosi of living in 
iie.tsestotlu' pensuoi fund, and removing all ttiiv 
»'l appropriaiioiiji froiii d^'pailmenicd budgets 

C'minty ttlfu-iMls said they d'<ub:ed Ihe climina 
tiKit of itosilitai' would ailVifsely alfei 



m 



77 ^^^' ^Ji<^ record, ill N'outli 



e 



o 



Caldwell: 13-year-old boy 
embittered by '88 horror 



*■ Cotilituicd liiimDl 

In a coiiwi liii IH Imut.s iiflii 
the Btlflck. Kin w;is lu-.ii dciilh 
Several liiiifs. doctors siiy 

In the past yciir, his j;"«li"S 
have slippi'il "Now. he's (;ol to 
put nil this liohind hini iwxl work 
on Kfltiiif; Ihosr (jnulcs up.' Mrs 
C'aldwoU sjiys. 

Til.- hov iind his iiK.ih,-!- .iiTi'i- 




ZM'/y// t//AS :; /i/ji RixiiA 



UNIQUE REFINISHERS 

!Tn Allniil. e4V0077 ^* 

"~" r.lMdWIdr \ KUOXyKKMa ''*' 




Tnese TMsure Hunters 
Struck It Rich 



81 



flUNl- 



Sliid Ilic |...y, iui.r.viij;: ii,j(:i .li.iyl'i In: slicilllil Mlvc /(I 

nary- switch in the ;iir. y.-.irs in prison, then (n-t the 
"lie's never writlon to riic or death penalty, or die re;il 

tried to contact iiie since this slowly " 

happened." Hen said in ;i bilini; "I know rv,|;oi .f l>.,(| .•.miode 

tone "But an apolo|;y woiiMn'I ahoiit it. Inn I w.ini lo m r hiin 

do any K'""' II he wrote me. I die " 

Three Fort Benning protesters surrender 



The Associated Press 

COLUMBUS - Three pro 
testers facing charjies of throw- 
ing bottles of blood al the US 
Army Scluinl of .Americas liead- 
.^uarlers at Ion Heimmi; mined 
'.henisele'-s io l'> fr-t -ivd .-iitthori- 



Charles I.iteky, .S9, a Vietnam 
veteran, his brother. J. Patrick 
I.iteky, .SO. and the Rev Roy 
IJourKeois, ,S2, were accused of 
criminal trespass and destruc- 
tion of uoveriinient prop-'itv af- 



a $960 lugX'igc SCI for only $23! 

You can he a winner, loo. Clicck today's 

CLASSII-II-iDS for more j^rcat prizes al 

unbelievable prices. You jusi nu'};iit find 

a [)argain you'll treasure for a lifetime. 

To find out how to play 
TRKASURE HUNT, turn to the Cla.ssificd 

index in today's p;iper 




c 



s 



'v 



iPfl tinie stalling next month 

' . .,„ ,■..! .livoivr.l mmmc.i foi Siiiillurii 11,11. M. 

^«c.l '"'"*'" ,,„|ilns.' SI' I lU'luU-lMili ililm- 111 iiililHv niiv 
' '" * ' ' "nil "■•■•V ' "'"■■' •*" (••lillK-iil Willi 11(1 iiKviiins |iii|ili. 



"k 



,,„.,,■ "•'" yj., .. ,„. ^,,,,1 rxiH-i 

"''""".'., ,1 ;ii.iil I'llllll' H.iiliA|>ill II, IM.'M.Mi 11.11 

lllllll" J^ ,.|, .,S,.,| ilS I il.TMiIl wiis .luiKM.iM.I Willi iniliii 

,,livMi:illv :il;iu.-.'(. 1 1.- iviis plii. i-.l in .|iim 

,.,li.'i vt'iii " ^■iiliiiniiCiiitly Mt'iiiiiniil ll<i:.|ii 

L, I J, . ,M>vil<-<l my ix I'll "> Alliiiiiii, aiiil wiis idiifiiii'il 

lions •■ Mr S'-' "^' «»"' '" " «'"<li l""r fiii iiK.ir Ihnii 

" .,p|'.- skills .-xlon.! I.<y<.ii.l l«<. nionllis 
,rk Willi sliiff 111 llii' Clwini l„ ,„i,.| vn-ws iihiiiil Ins pljiiis 

r ((iniiiu'iv.- iiiul llii- I'lisi inrtviMiliiumlhs. Ml llt'iiilrisoii 

oinniiniily His siiciiil oin mlniiik-il Iiciiik wcai y (il llu- <(in 



I iroiiu'iiiliiiis iissi'l " 
briiici roKioiiiil iipiTiilii 



It 




Miil<li<£ It ofndnl: M.icK Mcndonion, wtio lias siirvivod some (lolili 



Pio.isc -..oe HENDERSON, 05 ► i.il biuiili.ih.is. w.is hired on iin inlciim basis 14 rtiomhs ago 



C^iflK-'f^PP r*- 




Ind.l 
;i«:llieved < 
Hxeciilive,'- 

BYRNE 
naiiicillh.' 
iiwm I'at y 
iuImjcoiim 
(juireR h <1 

llllld UH<- |l 

JONES 

'iwner of h 
.linl of til. 
M«rieTla !• 
Niw Kl 
lirenda Mii 
John Suari- 

HOUSIN. 
which build 
Obie Gold / 
tion's 1990 
won for be 

METRO 

' slale scr'\ 
tor I WO ov 
...n l-V-rn 




jfff^jvQS kids a brfefrnf? 




m 



Fatiier's trial, may last a niontli 



BLOCKBUSTER: With 6<> 
tnolions filed and 70 
witnc,sst'5, Uie child ra|ie- 
murdor aise has ;i.s,sumed 
maniDioih proportions. 

By Mari< Curriden 

Staff writer 

COLUMBUS - The court- 
room was silent as Kay Caldwell 
testified about every aspect of 
lier family's life: when she met 
her .tx-husbaiid, James Oildwell, 
how h.i was irresponsible and oc- 
casionally disappeared f.jr days 
and w.'eks at a lime, even what 
tlieir sex life was like. 

Then came the question that 
shocked the court riiiini Tuesday 
afternoon: "Did you and the de- 
fendant ever arKue about when 
Klvis died? " Cobb Assistant I)is 
trict Attorney Russ Parker 
asked 

"Yes," Mrs Caldwell replied 
"It was on Ann 1ft. and he said il 
wasn't," 

Immediately, Mr. Caldwell's 
attorneys jumped up to object 
For the next l.'i minules. prose- 
cutors and defense attorneys ar- 
Rued outside the presence of the 
jury about the siRiiiricance of the 
siat.-ment In the end. Cobb Su- 
perior Court Judge Robert 
n..i;n-.v-::-i.-l',.-f„i%-.llo.;-:-If„. 




CiiJ-:J>vw. 
Deforul.jnt is 
accused of rap 
ing HOCi killing 
his 12 year-old 
daughter, Sa 
rah. and stab- 
bing his son, 
Ben, then 10 



relevance of the Elvis Presley 

connecti.in ii; i!).- (';iM..-.-li iriil 
aii.1 tol.i ■ 

Mir.i 
erupiii.l .' 

Rued ah. Jul .i:i')ii..jr ;Kn;i: n: ijiw, 
causing a .10-minute delay. 

Such has been the hi.story of 
the case of Mr Caldwell, who is 
on trial in Columbus, accused of 
rapiiiK and killing his 12 year- 
old daughter, Sarah, and .slab 
biiig his .son. Hen. then 10 years 
old. on Aug 1ft. lyHK Hen. now 
1.1, survived and testified earlier 
this week The state is seeking 
the death penalty. 

"If there's an easy way to do 
things and a hard way to do 
things, we certainly do not wani 
to do it the ea.sy way," Judge 
Flouni.iy chided the lawyers, 
who have been at each other's 
throats sill'.' Ihi.' ca.s.- began 

pi.. . . .,, r. ■ • ."Fn, not- 



lickeis u> dreamland f 

r 





C£J«j 
^ck Ceil/ 
f^te, lia.s I 
•^■ciali/. 
BOnh Cob 
ofeaTOiiii 



i 


Model 
4467 

I 


1 
1 


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o 







'3 



ItfC All<iiilu .tontiuil AMI 



IHUKS , JANUARY 31 IVVI 



Caldwell: Case is a blockbuster 



luiirly 2' ! yciirs iikii "I lliiiik you 
fill just like Kt'ltiiiK iiiuler rnch 
uiIrt's skin " 

Indc'i'il. Ihis cast* hns bfen sft 
for Iriiil iiioi'c lliun n hiilfclozen 
times, only In he ilrlaycd by new 
mot Inns. h|1|)01i1s or solicdnlinn 
probli'Mis 

riu- CjiI<I»i:II . 

l.ii'Ci- il I.ikL's t". 



fil to the jni y 

GcttinK Ihf triul tniiltr wiiy 
took scvi'ra! months AlloinoyH 
started seleclin(! « jury \n Cobb 
County in November, but after 
interviewinK more than 70 poten- 
tial jurors over a two-week peri- 
od, both sides ajfreed the trial 
needed to be moved <nit of the At- 
lanta area because of intense 
pretrial publicity. 

Ti..:: Il t.n.k II. 



Alli. 



aKHin 



Klin Miei line, ju 
■Ian I.S It took 
two weeks and one day to pick 
the panel of 12. plus four alter 
nates The trial itself is expected 
to lake three to four weeks 

"After we not that last juror, I 
had lo pinch iny.self to make sure 
it wasn't a dream." Cobb Dl.sirlci 
Allornev Tom Cliarron sai.l 



SPA & HOT TUB 
SKRVICE 

lU Veurs in Metro Atlanta 



Prestige 

BATH & SPA 



973-9261 



CANTON LK.T. 



vGi luesav/: Park battles tight budget 



irom I 



► Continued (rom Gl 
book won praise from Kd iWarss. 
chief historian for the federal 
Department of the Interior 

Such projects would be im- 
possible without additional funds 
from the historical association, 
iSue Alexander, its business 
She administers the 
pnFk's bookshop, which has been 
expanded and is experiencing 
liooniinR sales. 

"It has been a banner vear," 
.she said of 1V90. "Our ril-s ;-;e 
up well overdo percent frir:! i^e 
year before. Tlie first three 
months in our fiscal y-'-ir. u>!'ve 
been up about 2V0 pcrceiii 

Hut not only Civil War buffs 
are visiting ttie popular park 
The most visible and colorful 
park enthusiasts are people par- 
licipatinK in what Mr. Stecler 
calls "the annual spring fling 
with the teenagers." Ixical 
youths cruise the park on week- 
ends to socialize and ei\joy warm 
spring weather, clogging the sur- 
rounding roads from mid-March 



to early June. Marietta and Cobb 
County police have been w<irking 
to help improve trafTic flow. Mr. 
.Steeler says, and "things are 
much improved" from the 1970s 
and 'BOs, 

With 720,000 visitors in 1990, 
Kennesaw park has had to 
scramble during peak seasons to 
accommodate the flood of visi- 
tors Crowding and erosion along 
the 16-mile trail Byelem led to a 
ban on mountain bikes in 1989, 
Mr. Sie'ler ? id. "Tliere was a 
C' .'-.'"li :i tt;iiv,.t-n the mountain 
biVies, '-talkers, joggers and 
l.irseh<icK riders," he said 

Mr. Stecler monitors the 
[lark's Hanks for creeping com- 
mercial zoning. "The key to zon- 
ing pressures is getting Cobb 
County to use Its comprehensive 
land-use plan," he said "We 
worked with Cobb County plan 
ning and zoning to ensure some 
kind of protective buffer so the 
area around the park is low (den- 
sllyl residential use. If you look 
to the north, it's warehousing. 



and my effort here is to keep that 
usage down to a minimum along 
the park " 

Of particular concern to Mr. 
Steeler is the land near Kolb's 
Farm, an 1836 log house at 
Cheatham Hill and Powder 
Springs roads. As Marietta 
grows, "the pressures to change 
it from residential to commercial 
gel greater," he said. An attempt 
to build e strip mall across from 
Kolb's Fanii was defeattd in 
19.=.9 

A: oilier modern intrusion is 
Dallti );.)od. seven-tenths of a 
miV '■;■ "hich is in.sidc the park, 
riie lAnic highway i.s .scheduled 
to be widened from two to four 
lanes with a divided median 

Mr Steeler will showcase 
Kennesaw Mountain Battlefield 
Park on Aug 25 at a diamond an- 
niversary pany celebrating the 
7.Sth year of the National Park 
Service At the party, sponsored 
by the historical as.sociation, 
about 3.S0 people will pay tribute 
to the popular Cobb County park 



^^ 



rCTlRSON RF.y. m!E« fVRE SIDE 

24 " Log sets 5t>' 
Starting at 



iVi" / 



noriiis 

• WEBER 

• SUNUrAM 

• OUCAN'E 

• HOI i AMD 

• CHAM. ili:\:, 




GAS GRILLS 



Vr, 



.-.^ l-^^ frn'-h^ — i 




«<»r S/ro.-l Tisop No. 1A-* >««< 



jj.'n, 2t C';niral PaiV on Call. 



m' 



Caoti Si-m(><Kjii> OclMxIra will 
tv:rform llir. 1111(0 cnncen ol f.f. Iy9fl 



•u•3r.^.;..-^t f^f lU. ■..,i.'lllg U:d'.yJO M /: J ■ 

p m. Bi Pieomoni H»pii>i Clxiirh. 

I'r^ ' ■■ '11 H<w.l NX., M.HH.Ml 



< V 



c 



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,„jsimU-ntnrf;iirs 



AlKivc lliiil, rcsenrcli ufiivcr.siiicH nucu u% v.Mti 4 t* 
: Univ4*r.Nilv of (;cori;ia and Tech look l>i|; <:our.Sf.', 



^. 



- jGloria Martin, n working p.'ir- 
int; finally hns a way lo keep in 
iii^ilar (ouch with Iut child's 

Any hour of Ihc day she can 
iKftl an aulomalfd lelcphone line 
.It the IX'Kalb County school and 
f:ft,a recorded voice: "Welcome 
li> ;che McNuir Junior HIkIi 
S<>}jool Homework Helpline. For 
I iK- principal's messaRe, press I; 
l.iT; III.: Uomcwork Helpline, 
pross 2; lor Ihe tiiiiletiii board in- 
foftnaiion. presn ^. . . ." 



y 



limiil IMu. .iliiiii. .1 u-.-.'j;ircli cen- 
ter al Vanderhill University. 

McNaii i:; llie second school 
in metro Atlanta lo test such a 
system Studies .show the nver- 
aj;e teacher has contact with only 
two or three parents a day. Dr. 
Daucli said "So that means if 
that teacher teache.s 25 children, 
then 22 of those families don't get 
any information from teachers." 

Communication companies 
are lr>'in(; to .sell the systems lo 
.schools. IR-IISoiilli Advanced 
Networks offered the fir.sl such 
system in Ihe iiiciro area a\ At- 
lanta's Inmrin Mi(!i!!e Scli'>?! 171 
April !v>'9 :.: : :ri.. ; 

:-SO.0(Ki J \. :?.. 

::oJuM)!s. 



i 



keep the 
cold 6* flu Ijug 
from Inigging 

Ymz too Tviydh., 



The 
an 
mi: 
air 



(■^•'■"^h rnc? cold v~'f^oi\ I1.'!, 




thsp.--..Si.r..:v..,,.,n:: <-:.:,. 
Il><dsy, and when ll;ey gc; home 
it it^y he lale in Ihe evening, and 
itir ofirn not easy lo call the 
toaiJier." 

, ^uch automated helplines 
nTBlph an increasingly familiar 
It-clmology with today's hurried 
litetyles that leave many par- 
CRIJ unable lo be a part of their 
children's schoolmg. 

.■ ;The systems are now in about 
50KhooIsin 14 states, according 
lor Jerold Bauch, director of Ihe 
Bjfty Phillips Center for Parcnt- 



Ihis is only a pilol plias*! thc-t cnjs 
ihis month. The cost ranRes from 
S8.000 for 3 school of 500 stu- 
dents lo 516,990 for a school of 
2.000 students. 

Since the automated helpline 
was installed at McNair Junior 
High, parents have made an av- 
erage of .WO calls a week, accord- 
ing lo Principal Vernon Murray. 
"And that would include some 
calls being made at 1 or 2 o'clock 
in the morning, a few calls on 
weekends al.so," he said. 



Ikwy^r Harvey's illness 
liostpanes m.iirder trial 

Fi«Qt staff and wn« rep<yts 



» 



: COLUMBUS — The murder 
trial of James Caldwell was sus 
ppnded Saturday when defense 
apomey Bruce Harvey of Atlan- 
ta auffered a possible heart 
attack. 

■• Mr. Harvey, 40, was treated 
ata Columbus hospital early .Sat- 
urday and was to return for tests, 
Stii4 co-counsel Jimmy Berry of 
Mdhcna. 

_ The trial is expected to rc- 
sunne Monday noming. Mr. 
Caldwrll, of Marietta, is civarged 
with ti.<. hw.--: i" ■ i.-.o. ariJ 
raiirder of ! : r.^h. 

Eii3 ih^ i.y ■:•: Ms 

S<><-B.:il.': . .::Kt:.i: 

doath ptn-.i-.y. 

Mr. Hj.r^'d' received national 
IHibliciiy durinc a stint as aiior- 
ney for accuM:d n>.iil homher 
Walter ?.,eroy ).<. >jv Jr. 1 < e Rex 
man is inxu.s-:d in the 19H<* 
bombing denlhs of a federal 
judge and a Savannah lawyer. 



Mr. Harvey has taken other 
unpopular c.ises. including the 
appeal of an AIDS victim con- 
victed of attempted murder for 
biting a police officer, and the 
ca.se of a juvenile who was con- 
victed of firebombing the Clay- 
ton County office of the NAACP. 

He is a memt)er of Ihe board 
of directors of Ihe American Civ- 
il Liberties Union and has served 
as a consultant In the National 
Organization for the Reform of 
Marijuana Laws 

The flamboyant lawyer, 
known for his long, graying po- 
nylail, expensive suits and what 
.some call a badgering courtroom 
style, was jailed in N<)ven)lK:T af- 
ter a Kullon County judge found 
him in contempt of coun. 

Mr. Harvey had rcfitscd \" 
call or cross-cy.ajnine witnesses 
during a compcltuicy hearing fur 
Michael lloi'g'>od. a<:cused rf a 
triple slaying. 

After n nighi in jail. Mr. Har- 
vey apologised to Ihe judge. 



on a siii3Xie. Vv'orsc-, there's no cure. 
But we at Eckerd can help, vnth extra 
savings on products to reduce your 
symptoms and lighten the load on 
your budget. 
Hereb also a few reminders and 
remedies for you: 

• Drink plenty of liquids, Including 
Juices and Qatorade and other 
nutrient-rich drinks. 

• Bqy a new toothbrush. An old 
toothbrush collects the very germs 
that caueo colds. 

• Eest as much ac possible. 

• Use a h-ijTilaifier or vjiporizer to 
makt; hreatliui.;; tHi-sier. 

• "ftike a decongestant to xinclog 
your nose. 

• Ikkfi an ajiUhlstamlne to dry up 
sinus drainage. 




Oc... 



AMSRfCAS FAM; 



t C^ v.. . I ^^y J 

Cooi 
I V I 



r 



Ci. 



H 






.* MONOAY. rCHRUAHV II. 1991 

in murder 



By Marfc Currkl«n 

StjifT v**Th*f 

COLUMBUS - In B dedmon thai 
surpris<"J » p»ct^ cmirtrooni, a jury 

Sun.In-. •; -1^ "; r . r-i , , ' ,->;i f<ir llu- 




bt*- 



Moses K.f iijoh 
slaps a cjb(>ti 
with a t)ct<« fof 
various viola- 
tiorts in front of a 
DovwHowntK>- 
tel. The city, dnv- 
ers complain, 
is too strict 



IfTTfT-jr 



auto I. 

Augii^i . 

tion of >.;.n li (,. io> 

and the olabhirm of U 

10-ye«r-old son, tK-n. 

Cobb Superior Coon .'odrt- Hubert 
Floumoy »eritti«io*<l OtldwvU ro two con- 
secutive life prison terma on the rape 
and murdirr chArjfv*, 30 ywirs for aggra- 
vated child molestation and 20 years for 
aggravated assault. He will be eligible 
for parole In 20 years. 

"We had no optimism that this jury 
was goins to do »nyThing but give our cli- 
ent the electric chtir," said defense at- 
tonioy BriK-i? Krrvey. 

C;;l--!>- " ■h.-) >.T ft,:,n :.-r . ...- 



>jfYisth a t-sacti umlxella at a home on Wawrty Way. Jrifinny W'jo- 
• diogsoo reads to BemaOette Andrews and his dog. fXxJe. oo Sunday. 

'■■■St. Tech student drow-ns in CaroUnas 

j~^ Georgia Tech graduate student slipped 50 feet to his death So 
t ■fcurday in a swirling pool just above l«wer Whitewater Fall 
near the South Carolina-North Carolina border. 

Ching-Man Kwan, 25, of Los Angeles was forced to the botton^ 
of the cold pool in the rapids and drowned, according to Oconei 
County, S.C, Coroner Ted Durham 

Mr. Kwan. an electrical engineering student at Tech. was hik 
ing about 3 p.m. on the edge of a 400-fool-high cascade in northei 
Oconee County with fellow students Marl- McDonald, 75. ai 

•";■■•■:■ ' ■, ?^. U'l!' ■■:■.'}>. .'.^ 



t if still tension btlwirc:) 

its cabbies. 

after Mr. Arrinj;ton't. 
■.e city hired a retired 
el. Jo.seph Hall, to head 
)f Taxicabs and Vehicles 

Jl. the county, the mayor 

d with complaints." re- 

lall. describing his first 

(Tue. "That doesn't h»p- 

e." 

pa&.v:nger complaints 

''v simofst two-iliir<ls 

iing to the ti.vj 



ojv.-nly. One fwnily ni-imhcr beat her 
fists against a hallwiiy wUI. 

Legal expenn hxve monilortd the tri- 
al t>ecsuse it is the flmt time in Georgia 
and one of the first times nationally that 
a capital murder case was tjased mainly 
on DNA fingerprinting evidence. 

Experts tesltned blood samples tak- 
en from Caldwell (anetlcalhf matched 
semen tskm frijm Sarah's body. 

S<;ver«l JiKTirs. who fljHike on condi- 
tion they not be ldentiflt;d. lu id the DNA 
evideirCc alone did not convince them. 

"I f^'ll the DNA u-us just one piece of 

' " ^-«ld a juror, "und ... I 

■ -light to it ihon liny other 



up he 



AtK)in 30 emerijency workers with liie Glenville-Oishi.- 
ti.C, Rescue Sguad. ,^Iem Rescue S<)UJid hnd Oconee County K 
cue S<)uad pulled the body from the water 

Mr. McDonald said the three had planned to spend the nij, 
camping near the falls He said he was familiar with the lerrai 
but the hike was a first for his two friends 

CARWOU. COUNTY CtK)Pt£ SERtOOStY BURNED IN COeS: A Tc I 
pie man and his wife suffered serious bums Saturday when a Cf 
filled with diesel oil exploded as they tried to light a fireplace in 
lujuse near Kennesaw. Cobb County police said 

Carl I^mbdin. 32. of 1440 FVances White Road in Temple, w 

: -riiical condition Sun-.tiiy iit the Gr.i.ly Mf miirial Hospital bi 

■ lit. sufT. riiii' from Ihird-dcgrce burns His uile. Theresa, 27. v 

' 'I'xi at Humana Hospital in Augusta with sec(i> 

I'ums. 

li-:d fr.M'i » hv,... :,i .1 • -in K !!,.; Fr. r-. K.wd aim 



• ond-degrce bunv 



(» 



llniv- 
o,..ld hi ■ 



• !'-l>.'A."i.-,..l.l. 

••' O^'i It, I »■ priifesxiir t 



:h has been ruled suspicious. Police nre wki" 
, , .,: ;. vhvrs- ni.ir.ih rotmtv medical eju«i. 



TiiE ATLA.KTA lOURKAL'COKSmTmON 




A Valentine's dance with Daddy 



Parents act out anger over ne 
Smyrna mayor already lookin 
McEachem wrestlers' third titi 



By (Ac.'!; C«-rld<.n 

COLUMBUS — Tuo hours ttXer a Muscogee 
County jury sentenced Jsniea Robert Caldwell lo 
life in prison iuslead of de^lh for the 1988 rape 
and murder of his 12-ytar-old daughter, S«rah, 
and stabbing of his 10-year-old son, Ben. one of 
the jurors sat on the courthouse steps, rethinking 
her decision. 

I don't know about this case," she said. "It 
awfully confusing. On one hand, I am con- 
i^Riced he did it. On the other hand, I'm not sure it 
happened the way (prosecutorsl said it did. 

"Why," she wondered aloud, "would a man 
just wfl.o'u-i .•■i" !'■■.■ <••'-' rr •^.- f.n'i kill his daiifli- 
(eran^ ' ; orivtip'<" ••"on- 

ri,r „.; ;h. It v.-xsn't Iw- 



I^^BS 



"And while I believe he did il, I'm ju-sl not 
sure enough to put him to death," the juror con- 
cluded. "1 think a couple of others thought the 
same thing." 

After the jury deliberated only two hours Sat- 
urday before finding Caldwell guilty of the at- 
tacks, most observers, including the attorneys on 
both sides, thought a death sentence was assured. 

Defense attorneys and prosecutors opined 
that jurors may have reached a compromise in 
their minds that they were "pretty sure" Cald- 
well was guilty, but there was enough doubt lo 
gave him from the electric chair. 

"So jurors thought to themselves: "OK, I'll 
vole to cnnvict him. but I will never vote for the 
death penfJry,' " defense anomey Jiimiiy IWny 
said. "I 1>i!i:k t':ere wen; a lot of un.incvvercd 
questiorui; wid b loi of holes in the state's c^'-e. thai 



troubled many of tiie juroi s.' 

Amonp. the pc-i>ple on htmd for hll or nio.st ol 
the trial, there were a few who ihoughl there was 
a chance the jury would acquit Caldwell. "The 
state's case was not as clear-cut as ever>'One was 
led to believe," said defense co-counsel Bruce 
Harvey. 

A review of evidence presented in the trial in- 
dicates why the members of the jury apparently 
had enough misgivings about the case to stop 
short of a death penalty. 

► The state's first witness was Ben, now 13, 
who was stabbed five times in the back and chest. 
Ben testified that he heard his dad's voice "just 
five stcond.s" b<-fore he w«s attacked He admits 
he never saw liiK attacker. 

Ptease si.-e CUDV-ttO, G2 ► 




ITwc 

fully t 



Smyrna 
police 
may sue 

over pay 







compel 

Maj'or dec 

By McKay i«nMR* 



» 



I.. ).••.■ ^•.l» I :-..., 



-^'-.i^jsa!! 



Mayor Wilson *r":'r-> 
(.•r 10 b-" 1'^ 



,;:.:.,..,„..> 



c 



t^-2 lluiisday. roUiiaiy 14, 1991 



Caldwell: Case had 
unexplainables 



► Continued (nom Gl 

However, in several stalc- 
nwnu iiivrn lo police a week af- 
ter the incident *»-~currfd. Hen 
Wild ht* rvnienilKTred his fiitiicr 
M'ying j!oodbyc us he lett for 
work. H n told [vilic*^ ilml lie re- 



teclives said one of the tapes fea- 
tured an adult Ik-mik visited by 
two yomiK girls, one dressed in 
"Mar>' Jane shi>es." and the < " 
er dressed in a <iirl .S-. ... 
uniform. 

"We believe the defeiu' 
wjtlchi'd til—'- ;orn)-,rr. 




amu 

Director U) 



By McKay i«nUt' 

Wilh so niu 
cu-s^d on the v/f 
Gulf, the IW-..1 



Itxr. ■■;■. .1. 1 ;: ■■:^ i .l- n oi, hi:!i 
for riRht now," the boy re- 
sponded. 

Ben tX'-o icartified tliat he nev- 
er got out of bed tlist nwiTiing. 
However, a teenage girl who 
Ifved next door to the CaldwcIIs 
said she saw Ben taking out the 
garbage at 8 a.m. the tnomin^ of 
the attack. Co-workers of Mr. 
Caldwell said he was at work by 
7:30 a.m. 

^ In an effort to show a pat- 
tern of sexual abuse by Caldwell 

iiji; 



room under his bed. 

► Authorities showed jurorn 
the back door to the Caldwells' 
Msriettb epanmcnt. which is 
marked with a bi-ot print. After 
he attacked his children, prose- 
cutors say, Caldwell went out- 
side and kicked the door in to 
make police believe someone 
had broken in and attacked Ben 
and Sarah. The boot print was 
consistent with boots owned by 
Caldwell. 

Deft-n'-r pTfomeys pointed 

..•''■" ■ i.s from the 

: 15 left- 



tlie father's »nd danph^^r's on- 
derwear may have been wf-shed 
together. 

►■ Dried blo^ found on Cnld- 
well's truck (.eye is con.sisicnl 
with Caldwell's and Ben's De- 
fense attorneys pointed out thai 
Caldwell changes tires on heavy 
machinery, and frequently cuts 
and scratches his hands. "That 
blood could have been on there 
for weeks," Mr. Berry said. 

► Medical examiners testi- 
fied that Sarah's fingernails were 
badly turn, as if she had 
scratched her attacker. A week 



thiii|{s i;o wrong, "itcsides, h-' 
never left Cobh and Cherok.;e 
County," Mr. Perry responded 
"Don't you think if he were try- 
ing to run away from police, he 
would head for Mexico?" 

► In presenting UN'A evi 
dence to link Caldwell to the 
crimes, state witnesses, who ju- 
rors said were very convincing, 
testified that semen samples tak- 
en from Sarah and the bedsheels 
match blood taken from 
Caldwell 

But expens for the defense 
told jurors th.-it the t*!;:ls done lo 



rj'can I>eelii 
away from o'^ 
foreign oil," ' 
rector of t)..- 
League's Midv 
fice, said on a 
last week. 

"Theeconti. 
United States C, 
energy use," M 
"There are enoi 
nities to decrea.- 
on Persian Gulf ' 
ing existing tech 
fluorescent bul 
incandeficenl h 
efficient car ei 
ed Stales ctiuli' 
gy than is (■. 



. ' - >.ii.ct. 
■ h tithing lo 
D- ■ e h<:and the 

p'ri'sn. .;r, r.iy, used to sneak 
away to liAve sex when they were 
teenagers. 

But defense attorneys are 
quick to (Mint out that a medical 
examination of Sarah showed no 
tignaof K-xuaJ 8hu.se. Sarah, Kay 
Caldwell told the jury, actually 
"Jw,',.-'i" l-T f^Ih^r to 1,1,; Id 

ti-'^ • VfcOt 



viut 



found on th''. ^ '«- 

tent with 0«i' ,•=. 

"Why wouio b MiiiHi^.T lake 
Sarah into the parents' bed- 
room?" Mr. Charron asked ju- 
rors. "Kay Caldwell testified that 
she changed the bedsheets the 
day before the attack, and there 
was no blood on the sheets." 

Prosecutors also pointed to 
bhkKly riir'r]>ri"''- found on 
Caldw ■ ■ r ,n 

the in 



H o..--,:. ,.,,■■ ■ r.f ■- .•.■:-r 
hid Sarhh's fu.;;-in:HiW exam- 
ined to s«e if there whs any hu- 
man tissue prtscnt. 

"Police officers and Kay 
Caldwell saw Mr. Caldwell with- 
out a shirt a couple of times dur- 
ing the two days immediately fol- 
lowing the incident." Mr. Berry 
said. "And Mr. Caldwell's 
scratches came from where he 
r«n thrv'ush tlic wivi/is several 
days after tt,o 6it«<:k." 

►* For p*;v^r>,l Anvf: p.h*\r the 



was "more consistent" with 
Ben's. 

►■ Each side had its unex- 
plainables. 

Witnesses told the jury that 
when he first learned of the at- 
tacks, Caldwell became phy.sical- 
ly sick and started vomiting. De- 
fense attorneys also say that de- 
spite all the blood found all over 
the hou."^, no blood was ever 
found on Caldwell's clothes. 

Pros'?CM?ors coimtored th.nt 



too much ei. 
funding for ■ 
has been at loi 
eight or nine 
"It's tragic thj. 
a better job." 

On the urv' 
creasing the el 
Mr. Hansen s» 
ergy-saving o 
stop-start efb"' 
cuhf r;. 

bil- . 



(« 



l\l'\S 



.\'l 



-I' I 



CC' 



c 







c« 



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(" 



c 



Kenneth Hardwick. 

1. Pan, Philip. Missing Gwinett Infant BeHeved to be Kidnapped... Atlanta 

Tournal . Jul 5, 1992; sec D, p 6, col 1. 

2. Mom Clings to 'Only Hope'— Atlanta Constitution . Jul 6, 1992; sec C, pi, col 

4. 

3. Torrance, Kay. Father of Missing Baby Takes Lie- Detector Test.. . Atlanta 

Constitution . Jul 7, 1992; sec D, p3, col 5. 

4. — . Authorities to Continue Hunt for Baby.. . Atlanta Constitution . Jul 8, 

1992; sec C,p3, coll. 

5. Callers 'Really Want to Help'- Atlanta Constitution . Jul 9, 1992; sec XJ, pi, 

col 4. 

6. Torrance, Kay. 50 Volunteers join Search for Missing.. . Atlanta 

Constitution . Jul 9, 1992; sec C, p3, col 1. 

7. Johnson, Rob. Police Going All-Out in Baby Case.. . Atlanta Journal . Jul 11, 

1992; sec B, pi, col 2. 

8. Torrance, Kay. 600 Look for Baby; Rumor Confirmed.. . Atlanta Journal . Jul 

12, 1992; sec B,p6, coll. 

9. Johnson, Rob. Gwinnett Divers Come Up Empty.. . Atlanta Constitution . 

Jull4, 1992; sec F,p4, coll. 

10. A Happy Past, a Painful Present.. . Atlanta Constitution . Jul 16, 1992; sec C, 
pi, col 3. 

11. Johnson, Rob. Two Accounts of Where Baby Disappeared. .. Atlanta 
Constitution . Jul 17, 1992; sec G, pi, col 5. 

12. Noel, David. Angry Neighbor goads Hardwick.. . Atlanta Journal . Jul 18, 
1992; sec B, p2, col 1. 

13. Johnson, Rob. Father Sticks to Story... Atlanta Journal. Jul 18, 1992; sec B, 
pi, col 1. 

14. Detectives Sift Tips in Hunt for Missing Girl. .. Atlanta Constitution . Jul 21, 
1992; sec D, pi, col 1. 

15. Torrance, Kay. Was Haley Kidnapped?.. . Atlanta Constitution . Jul 22, 1992; 
sec c, p7, col 6. 

16. Johnson, Rob. Police: Tips Help Keep Search. .. Atlanta Constitution . Jul 
23, 1992; sec E, p2, col 6. 

17. Morehouse, Macon. Police Searching for Infant. ..Atlanta Tournal . Jul 25, 
1992;secD, p5, coll. 

18. Johnson, Rob. Haley Hard wick's Mysterious Journey... Atlanta 
Constitution . Jul 27, 1992; sec D, pi, col 2. 

19. — . Missing. Baby's Mom: I'm Telling the Truth.. . Atlanta Constitution . Jul 



28, 1992; sec C, pi, col 4. 

20. Editorial. Death Be Not Proud... Atlanta Tournal . Jul 29, 1992; sec A, p 8, col 
1. 

21. 'Mud Flats' Was popular with Bikers.-. Atlanta Constitution . Jul 29, 1992; 
sec A, p8, col 1. 

22. Johnson, Rob. A Short Life, a Shallow Grave.. . Atlanta Constitution . Jul 
29, 1992; sec E, pi, col 2. 

23. Police Set Meida Trap to Help Trip Hardwick... Atlanta Constitution . Jul 
29, 1992; sec A, pi, col 5. 

24. Torrance, Kay. Reporters Carry Out Vigil at Haley's Mother's 
Door.. . Atlanta Constitution . Jul 30, 1992; sec XJ, pi, col 2. 

25. Mourners Gather at Haley's Grave.. . Atlanta Constitution . Jul 30, 1992; sec 
D, p2, col 3. 

26. Johnson, Rob. Police: Witness Saw Father Near Grave... Atlanta 
Constitution . Jul 30, 1992; sec D, pi, col 1. 

27. DA's decision to Seek Harwick's Execution. .. Atlanta Constitution . Jul 31, 
1992; sec XJ, pi, coll. 

28. Williams, Mara Rose. D.A. Wants Death Penalty for Hardwick.. . Atlanta 
Constitution . Jul 31, 1992; sec C, p2, col 3. 

29. Morehouse, Macon. 'We Felt We Had to Be Part of It'. .. Atlanta Tournal . 
Aug 1, 1992; sec XJ, pi, col 2. 

30. Johnson, Rob. Public Bids Adieu to Haley.. . Atlanta Tournal . Aug 1, 1992; 
sec F, p2, col 3. 

31. A Father Sees Himself in Kenny Hardwick.. . Atlanta Journal . Aug 1, 1992; 
secF, pi, col 1. 

32. Editorial. A Face for the Children No One Knows... Atlanta Tournal . Aug 
2, 1992; sec F,p6, coll. 

33. Slater, Joyce. Wy the Tradegy of Haley Hardwick Feels.. . Atlanta Tournal . 
Aug 2, 1992; sec F, pi, col 1. 

34. Hauptman, Michael. Death Penalty is Inappropriate.. . Atlanta Tournal . 
Aug 4, 1992; sec A, p7, col 1. 

35. Hansen, Jane. Harwick Baby's Death Only Part... Atlanta Constitution . 
Aug 4, 1992; sec E, pi, col 1. 

36. Torrance, Kay. Hardwick is Indicted. .. Atlanta Constitution . Aug 5, 1992; 
secE, pi, col 1. 

37. Editorial. No Case for the Death Penalty. .. Atlanta Constitution . Aug 10, 
1992;secA, plO, coll. 

38. Hardwick, Ka thy. A Greater Purpose.. . Atlanta Constitution . Aug 26, 1992; 
sec A, plO. col 6. 



39. Kloer, Phil. Hardwick Case Anchors '48 Hours' Premire... Atlanta 
Constitiution . Sep 16, 1992; sec D, pi, col 3. 

40. '48 Hours' Tracks a Time of Tradegy... Atlanta Constitution . Sep 16, 1992; 
sec Xj, pi, col 4. 



V 




From ttaff and wire reports 



Missing G^vinnett infant 
believed to be kidnapped 




By Philip P. Pan 

STAJP WSJTtR 

Gv.innett County police Sat- 

■ urday were trying to piece to- 
'griher the perplexing disap- 
pearance of an 8-month-old 

■ ' Lav-Tcnceville child whose fa- 

• ther told police she was appar- 
' ently kidnapped. 

Investigatoj-s said there was 

v~ renjom note and no oppjT- 

e.".'. nioiive. 'I'hey j-.^a; cl; ;u t'.i.; 

area surrounding the YcUo'.v 

' pjver Bridge on Old Norcnj5-i 

■ ■ Read on Saturday, hut said they 
' found nothing. 

Tne child's father, Kenny 

' Hsrduick, 22, told police he 

- ' VIS tating the infant to visit h'jr 

grandmother Friday night, and 

slopped to help two men who 

' appeared to be having car trou- 

';b>e at aboutS.. 

When he returned to his 
• ' pjclcup, his daughter, Haley 
;'Krysr:.Tie Hardwick, was gone, 

• he said. Her car seat was un- 
- ' buckled and empty. 

Gv-innett authorities said 
- ; they are treating the disappear- 
ance as a kidnapping. 

iPotke on lookout for 2 nr>en 

PoUce are looking for the 
■two men Mr. Hardwick sai 

were in the other car; 

.■ males with brown hair and of 

- joedium height. One ha^ 

--irjrtail and the other a ' _ _ 

: cby mustache. They were driv- 

,ing a dark two-door 1978 or 

' : 1979 Pontiac LeMans, Mr. 

Hardwick told police. 

The baby was wearing a 
' , black one-piece Mimiie Mouse 
outfit, police said. 

r^eighbors and friends de- 

,^. scribe Kenny and Kathy Hard- 

; ' wick as happily married, pro- 

. ' tective parents. They said Mrs. 

Hardwick is pregnant with a 

second child. 

After questioning both par- 

' [ ents Saturday, police said they 

" found no evidence of a domestic 

dispute or marital problems 

■ " that might help explain the 

baby's disappearance^^,,--' 

Mr. Hardwick works for a 

■ ' h.r^sJ landscaper during the day 

• and watches tb^ baby at night. 

Kathy Hardwicl^ works nights 




HalovK. 
Hardwick 

Kenny and 
KathvHard- 
wlcksbaby ap- 
fwu-ontfy was 
taken from her 
father's truck. 



Polke said thurf found no 

evidence of a domestic 

dispute or marital 

problems that might help 

explain tlie baby's 

disappearance. 



as the assistant manager at a lo- 
cal pizzeria and cares for the' 
baby during the day. She was on 
duty the night of the kid- 
napping. 

Mother dbtraught about k>ss 

One day after celebrating 
her 25th birthday, Mrs. Hard- 
wick was screaming in anguish 
after learning that her baby had 
__ d. 
She got a phone call, and 
she started screaming and yell- 
ing pver the phone, 'Just tell me 

ere you are! Just" tell » me 
where you are!" " said co-work- 
er TeriKai. 

Ms. Kai said another em- 
ployee drove Mrs. Hardwick to 
the scene, and that Mrs. Hard- 
wick almost fainted on her way . 
out the door. 

Mrs. Hardwick keeps two 
framed pWJIbg^hs at the res- 
taurant — one of her smiling 
daughter, the other of her hus- 
band leaning on a red Camaro. 
A baby rattle, a birthday gift 
from a friend, sat on the 
counter. 

"They're very nice people," 
said Dean Henderson, who 
hves next door to the Hard- 
wicks. "Kenny's a real good 
father." 

'I babysat her on several 
occasions," said.his wife, Shar- 
on "She's such a good baby." 



'I always tri 

By David B«asley 

'.TAj:f V/WTER 



When Wyndra Carter wol 
up that February morning ar 
saw the Downtown skyline ou 
side her window, she soon su 
mised she was in Grady Memoi 
al Hospital. 

"The first thing I did was t 
the nurse to call my huabanc 
said Ms. Carter. "She told me r 
husband had died. I thought s 
didn't know what she was talti 
about." 

Herh' 
suffer',-^ 
their ]•'' 
off Intci. 
into a tree. 

He was not wearing a t 
belt or shoulder harness. ) 
wife was, end it saved herlifi 
The man>;led Mv'.p.n^ ! 
been on tour reccaUy, prjvic 
grim testimony of tlie value 
seat belts. 

A small crowd gather 
around the car one day last wi 
outside Underground Atlar 
The reaction is the same evt 
where, said Ms. Carter. 

"They always say, 'I dj 
know how anybody survi 
this.' Then they say they're go 
to start wearing their seat bel 
Judging from the wreckag- 
would appear that Ms. Car 
not her husband, would h 
been the most seriously injur 
It was the passenger side.^ 
car that struck the tree. 

The car crumpled around i 
26-year-old Atlanta woini 
crushing her knees and brei*' 
her legs and jaw. # 

She was kept a montt 
Grady, where her jaw wasWW 
together and metal rods wg» ' 
serted in her legs. ^^^ 

She h^ to learn tow 
again. Even now, SIX roootM' 
ef,sheusesacane«md,W' 
been able to return to bWJW' 
customer service reprMjg 
for Unisys, a busuiesa roKr 
manufacturer. 

ironically, her buBbW^* 

juries appeared much Je| 

tensive. ikfai 

■•He didn't have ^JW 

on his body at all, we^j^, 

have prevented tne '"- 



M &i i i iit SL^ ikiiiJm^ 



\ 



c 




WALTER STf: 



'^Napolifeno surveys the damaf; - 
l! -egistered gusts of 65 mph an: -3- 

ilcxjt povv^r. 



New York Mets. 

WTBS received about 600 
calls Friday night and Saturday, 
with a m^oriry complaining 
about the ad, the station said. 

"Unfortunetely there is 
nothing we can do." said WTBS 
General Manager Terry Segal. 
"I am not aweire of any more air 
time [that he has bought] as of 
last Thursday. There's been so 



third-trimester t: r-jon He 
said it first shows n.-n fitting at 
a desk and that it v-c-is the ma- 
terial is not 8uit4<:-r 'or small 
children. 

Mr. Mycr' k-. " 'id not 

gotten any fe:-; :jnday, 
probably because r.; ;pot aired 
during church &en-:i5 

Please ^. OS. C3 ► 



Mom clings to 'only hope' 



No leads in G\ r: 
missing infant . -• 

By i\j\Y rc:Tnnc«; 
STAf F WRfTtR 

Kenny and Kath;> • 
today will hand ou 
pleading for the retu~ 
infant daughter who •.. 
said disappeared fror - 
up truck while he h.:- 
stranded motorists. 

"The only hope wt -.- - 
the people who have t-.z : 
ize they can't care i~ - 
her parents," said 2 =•-. 
Mrs. Hardwick of he 
old daughter, Haley. ■ : 
described as quiet an: ^z 

Gwinnett County r - 
day said they had no 1=:-: 
case. Mr. Hardwick h-.-r, 
lice artist draw sketcrr 
two men he said he v; :: 
on Old Norcross Roc. s 
p.m. Friday when th; r_ 
appeared from her s£i-~ : 

The FBI has beer r-r 
the disappearance, hv • : 
volved in the inves np-- 
lice said. There has bee : 
som demand or com: — • 
from anyone claiminf : 2 
child. Police have res- 
flood of telephone calx. — 
provided useful infor m^' 

The baby's parent e- 
day that Haley was ai zz: 
quiet baby and didr r 
sound as Mr. Hardw.; : 
the motorists. 

"She wouldn't sc-sr 
stranger picked he - 
probably would havt ;=. 
him," Mrs. Hardwici. ^n 
pecting the coupif ■ 
child, said fronf he — 
house in Peachtree 



■WTHpC?;^'*'^ ^"5^*^ 






rcte 



ic a 



:£/e 

rc it 



''5^^v5P*TW^" 




Kenny Hardwick wipes a tear from Kathy Ha-r-ck's 

face as they ay»ait word of thdr missing daughie- 




Haley 
Hatrtiwick 

Missing infant 
is ciescribed as 
qu*et and 
happy by her 
pregnant 
mom. 



Mr. Hardwic)r'<>ft^ helps 
motorists in trouble and didn't 
think twice when he stopped his' 
pickup truck to help two men 
start ttieir car, his wife said. 

Mr. Hardwick and one man 
worked under the car while the 
other man sat inside the car try- 
ing to start it, sfce said. Upon re- 
turning to his truck. Mr. Hard- 
wick said, he saw the baby's 
empty safety seat, its belt un- 
buckled, and the car he had been 
working on speeding away. Mr. 
Hardwick drove sfter it, but lost 



the dark-colored "-:r.nac Le- 
Mans in traffic 

- The episode its--: no more 
than five minute, aid Mrs. 
Hardwick, who s^^^iii^ted that 
one or two more rstoos may 
have been involve: 

The couple hf •=: Jeft their 
Lawrenceville rsi^ence be- 
cause walking inn -ea- daugh- 
ter's room is t« aaful, she 
said. 

"I go up and ujvn," Mrs., 
Hardwick said. "A naes I sob 
and sob. Then I ge -zad and beat 
on the walls." 

All they want l iw the kid- 
nappers to have i ±ange of 
heart, she said. 

Mrs. Hardwici. > delivery 
manager for Puzt rut, wants to 
put a poster on eve- jizza deliv- 
ered in Georgia. 

Staff writer Hmcrd Greer 
contributed to thi: unde. 



~"^f»-««H3S**'«i?^i'/*" 



(_ 



e 



'. SHIFRIN / SufT 

ilf in a mirrc - at Special- 
! H- foMbs with all kinrs of needs. 



: ren 

age 

±e 
■ :xr 

■in- 

- KS. 

i-nd 
t a 

i.TlS 






to 

•jter 
pro- 
~ as 



he's" formed e^-^chments to 
the people ou: ihere," Ms. 
Cowden said •■'r-: ''ore. he was 
a loner." 

Other camp :__-ectors con- 
tinue working - the child's 
individual edu^ _on program 
(lEP) — a sp^ . r,c progress 
plan mapped c- "or each stu- 
dent by his - ner public 
school tefiCher 

••We knc-^ 
workiiv^ oil . " 
gyback ^J.ilw• t- 
said I'iim Di'- 
of Specialcaxt 

Workers al- 
skills," such a:- 
and feeding 

"Lunch is :- 
because every 
ferenlly," Ms I 

Since the p - ^rrams are of- 
ten cost prohi: rve, some of- 
fer scholars h_ 
families can 



5t they're 

• try to pi(^- 

.:-e tilings." 

. ■::>. director 

-.•Janta. ' 

.cuson"life 

- -rr>' training 

— ajor ordeal 
'jLld eats dif- 

- .idson said. 



and some 
for finan- 



^cial assistanc.e ^xrough Medi 
caid and theL- ccal Depart- 
ment of FamiJ . ind Children 
Services. Bu: experts' say 
there's still n: enough finan- 
cial aid to go cLTZund. 

< Melody sad Herb 

McCaulla pay £ : 30 a week for 
their 4-year -or daughter to 
attend Specif:- ^^re. Amanda, 
who has cerer^-sl palsy, has 
been receiNin* speech and 
physical therc:r? since the fall 
in a preschorj. program for 
disabled chil Jr - ai at Coral- 
wood CenteT in DeKalb 
County. 

"Her voca bsiary has sky- 
rocketed," said Mrs. 
McCaulla, adcr=;g that Aman- 
da also has br^rsiroe adept at 
using her v^^xlker. "She's 
learning to kessr her balance." 
Despite tt^f added cost, the 
couple is detsrmined to con- 
tinue Amandz 3 care during 
the summer. Mrs. McCaulla 
recently resumed work as a 
nurse just so .A-nanda's medi- 
cal bills woulc t>e covered by 
3e- \ J insurance. 

"My husraxid's working 
two jobs bef-y-Bse of the in- 
creased expense," she said. 
"But you've prir id do it. I want 
to give her &!_ the things she 
needs." 



but 
xin- 
.VIs. 

ufety 
±ief 
br a 
jon, 

-«in- 
•nlle, 
:.amp 
!Tlle, 
and 
kdof- 
bips. 
d to 
I, and 



out 



J 



will sentence -errmrco on Aug. 
10. He face* i ra.-umum sen- 
tence of two liti K-ns and would 
be eligible fo: nroe in 20 years. 

Prosecutor. »ti: are pushing 
for the maximL-i sfntence, said 
Jermarco coul :c ne youoKCst 
person in Del^r I.junty history 
ever sentence! :: -vo life terms. 

"This is ore J nose rare in- 
stances, whe- r-ispective of 
his age, he nt-^ ^ receive the 
absolute ma>;ir_- -entence un- 
der the lav,,' -^siitant District 
Attorney Ton Itzi said. 

Group was fcocr^ fof car 

Mr. Cleg£ <^- ..ermarco had 
been with a r-- :( te^ns who 
on Jan. 23 v.-- cueing for a car 
with a type o -n iiey planned 
to sell on th: : :•;•■ narket. 

Mr. Jac' ■ -ii drivins a 
Blazer v.it: : .. "-pe of tires 



aetenaanii i^o uiey were leav- 
ing the scEie when Jermarco 
suddenly frtd. 

"One a' the co-defendants 
said he am Vf r. Hicks had seen 
the movie .jice' the weekend 
before t'. -jrticular incident 
and there »is a sequence in it 
where a tccaly pointless murder 
was commired," Mr. Clegg said. 
"I'm told re words Mr. Hfcks 
spoke at rre lime he fired ihe 
shot came --.m that movie — 'Oh 
by the wa> L\M!' " 

Police .iir found the BlJ^er 
on a dea:-tnd street, stripped 
and sc-iu-.i : -.th gasoline. . 

Gary J.-::cson, father qf the 
victim E-i.: ze hoped the ii^axi- 
mum ft- ence would be 



impos-t- 

"Yoj 
and n ' 
son s:. 



- ": take a person's life 

;- topriy," Mr. J'tcV:- 



et of missing baby 
takes lie-detector test 



By Kay Jor-^r-a 

STAFF WRTTER 

While fne:^ md relatives 
plastered me- -.lanta with fli- 
ers Monda\ vz-zizg for the re- 
turn of a misir^ 7-month-old, 
the baby's f a~:r -is taking a lie- 
detector tes- £ I-vinnett police 
headquarter^ 

Gwinner --ciry detectives 
say they art -rardning incon- 
sistencies k^:i^^^wfe?2-year- 
old Kexm^J"^^, who told 
police his az:j==sr, Haley, was 
kidnaeMi:^r^iJS<)'ckup while 
he stoB*^^*^ ^0 stranded 
motorists. 

After am-n£ at the police 
station at 1 1 lil Monday, he an- 
swered quesnns t:T)m investiga- 
tors until aboc iJO p.m\ when 
he left. He toa i ie-detector test 
during the oh ircording to po- 
lice, but thi -Slits were not 
released. '^'^ "V*" 

Haley discoeared from her 
father's tnnt Friday night 
arouitd 9 ate- Mr. Hardwick 
had stoppec tax Old Norcross 
Road to hen "x motorists, he 
has told poli::^ 

Mr. HartB^a and one man 
vvorked unosrxsn the dark-col- 
ored Pontia: _iikans while the 
other man r-ei n start the en- 
gine. Wber Mr Hardwick re- 
turned to hi TToi five minutes 
later, he saiL =-aey was missing 
from her ca- jh: and the car he 



had vsporke: :n sped away. ..• 

Mr. Hj_-dwick voluntarily 
took tre Miygraph test, said 
Larry 'A^~r., Gwinnett police 
spokesmET. 

"The .—:'-/ was a little bizarre 
and a brjr riusual, even to po- 
hce ofnce- ' Gwinnett County 
Police CLrir A'ayne Bolden said. 

The K =--^rvicks are staying at 
her rrrothe- :- house in Peacbttee 
Comers ?.^ey's 25-yefflrHilld 
mother reriained close tpthe 
phone tc inswer calls from 
friends orH-mg to volunteer to 
hang up &2-S. 

' Friens iropped in through- 
out tbe dff? •XI pick up copies of 
the posters md also called, wea 
businesses isking for donated 
paper and muting. ^ - 

"I havt I little girl almost the 
same age * jaid Judy Git2ei[v-of 
Tucker, vtc called to ofFer'her 
help, "li jiK hit a little too cwse 
to home-" *"-+'.~. 

Printrnz shops, mostly in 
GwiSneCL ave committed to do- 
natii% lOJCO copies of the Qier, 
Mrs. GitzEi said. 

"It's oar first job out today," 
said HowxrlRomiield, owner, of 
Komfieit; Printing in Dorayijle. 
"[The daippearance] doesn't 
seens real a a distance, but all 
the suddd I know someone yJFho 
knew thii »by." 

Stc^ -v-ier David Noel con- 
tributal n Ait^report. ^ 




1 , 



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; anny HarcKvick Qeft) takes part in the search '<'• 
;-r. Mr. Hardwick n.z^ : >en described by the po :; 



STEVE DEAL/Soff 

-■tfi-day for his 7-morrth-oId daugh- 
-iV as "a very strong sj: p-ect." 

?! 



50 volunteers join seai^i 
for missing Gwinnett girl 



_ike the police, 
Tiother questions 
"^isband's story 

iy Kay Torrance 
ind David Noel 

-AfFWRfTERS 

Hours after scores of volun- 
eers and police searched 
■irough heat and kudzu 
Vednesday for any signs of 7- 
zionth-old Haley Hardwick, the 
jifant's mother revealed she 
las had questions about wheth- 
er her husband is involved in 
che child's disappeeirance. 

"Of course I'm doubting my 
husband," Kathy Hardwick said 
late Wednesday, after the 
3earch,ended. "I'd be a fool not 
CO doubt my husband. I don't 
know how honest I should be. 
Pve had these feelings all along, 
but I haven't voiced di^na." 

But Mrs. Hardwick szys her 
doubts should be expected, 
since the poUce have said they 
Question Kenny H{irdwick's sto- 
ry that the child was kidnapped 
from his truck Fnday night 
while hf aided a pfiir of strand- 
"i^ motorists on Old Norcross 
i^oad. They describe him as a 
"strong suspect" in the case. He 
has denied any invotvexaent. 

Mrs. Hardwick said she did 
.not want to speculate on her 
•husband's possible guilt be- 
cause her emotions sttatt be- 
.tween her? tn'' d?3pmr. 

"" do.-.'; ■» .-.ow i'. i li A'.ti)," ;' - 




er. I need peace." 

Earlier Wednesdi ■ t^ ind 

her hn<;haj>jt^irtf|j^jrar.nrrs 

looking folvfiTefcniTf^ .-cmr 50 
volunteers were brcrtu n a 
schooVjw^itQriwm icnn: liey 
joined lOSJwRailfec rciir m 8- 
mile radius around rrc '.is. Vor- 
cross Road area vne-i Mr. 
Hardwick said she diiarciared. 

"I got out of tbi n:;; and 
saw all the people,' sac Mrs. 
Hardwick, who is r^i imiths 
pregnant and plans r mne her 
child "Haley,'^ after ^^ -nssjng 
daughter. "I "was vsm ?%^ 
knees. It's overwhfrmnf I'd 
like to thank the city i 'rimta." 

Police gave volursr. pic- 
tures of two tiref inn Mr. 
Hardwick's truck am mi liem 
to be on the looknx ir tire 
tracks, clothing, trasr ma:, aew 
diggings — and, final" ■: K>dy. 
Mrs. Hardwick left re uiatori- 
um in tears. 

All afternoon, oisers of 
volunteers poked rrrupi the 
overgrown fields hiu lense 
woods near LawTr~.r"'Lle. A 
few even waded inn nt nuddy 
waters of the Yellov pjre- and a 
couple from Fa«-Teville 



missing, I'd want some help," 
volunteer Ricky McDaniel said. 
"So that's why we're here." 

He and his famiJy spied foot- 
prints near a old bumed-out 
house, a quarter-mile off the 
road. Their report sent the 
Gwinnett SWAT teaim scurrying 
into the woods with climbing 
ropes and bright lights. 

They peered into an aban- 
doned well, then lowered an of- 
ficer 20 feet .down He found 
nothing. 

Back at police beadquarters, 
secretaries airewered hundreds 
of calls that januraed telephone 
lines. Among the. callers were 
people who believe they have 
seen the child, a psychic who 
claimed to have seen her in a vi- 
sion, and news media, including 
a crew from the teQevision show 
"48 Hours." 

Mr. Hardwick stopped talk- 
ing to police Wednesday. 

"He was scheduled to come 
in here at 1 o'clock for sonje 
more questioning," PoUce Chief 
Wayne Bolden . said at head- 
quarters. "Bur he has an attor- 
ney now, and lie told him not 
to." 

Mr. Hardwick has under- 
gone hours of police questioning 
and a he-detector test. The re- 
sults have not been released. 

Fighting~lfears Wednesday, 
he said he has "good, strong 
feelings" his daiqghter is aUve, 
and he kept poldxitg through the 



VicLim fi£L. ^v*. 


him a pla:^ to li 


By Macon Mo^^boim 


STAFF WRrrER 




When "Bucj- Thorn 


needed a pl&ct 


: ive se 


weeks ago, B-ia: -a«n Pe 


welcomed the 


:---»r-old 


his one-bedroor zxrmern 


Mr. Paislfj ^"^ avebe 


a victim of hii r» 


~ :u:dne8 


On Wedn£*a 


<■■ iithorit 


Griffin arre-^t^ 


'.z:<'.n I> 


Thompson — 


uc mow 


"Bucky" — u- v 


n:ole si 


of Mr. Paislr 


ru his 


County girlfnf 


.. I-rth A 


Tanner. 




Thecouplf 


-zds wer 


covered sr.:". 


■•rrore 


Mondny at l-; 


: -i-ige 


ment.s on Rc~-- 


-:/:<i in . 


Springs. Pc'..:-- 


. ?oth 


shot repeate; 




Fulton Cc -- 


■ ■':i:ce SI 


man Barry Ei- 


- i^d th 


men were r:~ 


■r^-s b 


didn't knov. -- 


i: rJght 


prompted tha tz 


zzi:£. 


"Neithe,- cr.- 


: -e wit 


there are air. -: 


•_- Batso 


"so we have r. 


^' 3fkn 


what the Tno~->': 


^2i.^ 


Mr. TnD:::3 


:z was 


held in the ? -i 


— Coun 


Wednesday .-„i:: 


c -*o cl 


of murder. 




A Griffin r^ 


- VIr.T 


son had beer, i 


r: Atlant 


for about eiir. ■ 


■rxis, "t 


place to placi 


^j. xivesi 


Ted Godarc : 


ne Sp 


County Shenr 


rsrartme 



'He III fitWi^^i j per» 

Mr. PaiiiT -::ck th 
in," said Ski Lcu^ nanag< 
"Maguire. "Tar: wha' 
shocking. Ht «r:finde( 
person." 

In exchaar :3r a pi 
stay, the tes: tsa did 
chores, Ms. Mcure saic 
'would conie m: zk ofBct 
change Xfi dei-^^Hsley' 
dry," she sS5-'He s 
nice." 

Mr. Paisle- : Juiaic 
tional recentr oaratec 
his wife and mrr aad li 
the apartmem sice Ma 
hotel chef, Ik is »as al 
^start offenu 'karate 
classes to Sc ^Jtge res 
Ms. Maguire sic 'He w 
ing to get invpf^c md loc 
make extra mrn^ ' 

Ms. Tannf ai been 
Mr. Paisle> :r Jess 
month, acconri i> he 
Evelyn Kelle^ "ts 24-y 
art director o r idanta 
tisinp con?^— ~ra<i a Ic 



c 



c 



o 



e 



e 



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616 Sunday, July 12, 1992 **« 




OBFTU 



CHARLOTTE B ~ ■0_- =s! 

"I have very strong ckHjtts" aixxjt husband Ke-^- ; 
story, Kathy Hardwick siC S-ioirday at Beneffeic E-e— t="- 
3ry. where the latest se3jxr -br baby Haley was ::2s^ 

600 look for baby; 
mmor confirmed 



Sy Kay Torrance 

rA^WWTER 

While the second mass search 
jor 7-month-old Haley Hardwicx 
armed up no clues Saturdrv. 
Gwinnett Police Chief Wey^ 
Bdden confirmed that a shovd is 
arrolved in the case. 

About ISO police officers and 
iSO volunteers canvassed tbe 
tm around Old Norcross Road 
vtere Kenny Hardwick said his 
iaughter disappeared Fridsy, 
Jviy 3. A search of the same area 
Wednesday also proved Aruitiess. 

Searchers met Saturdfr 
aioming at Benefield Elemo- 
ary School and combed tbe aret 
iround Belk's department store 
od Georgia 120, because of its 
proximity to the place where dx 
baby allegedly was kidnapped. 

Hardwick told police that fas 
daughter Was taken £rocD fais 
truck while he assisted tvc 
stranded motorists in a Pontiac 
LeMans. Police aren't plannag 
«ny more wide-scale searches 
•oless a concrete lead comes m. 
said Gwinnett p<^ce spdkesnaai 
Larry Walton. 

Police discouraged Har-dwick 



search. 

"We don't want hr: ^^ 
over an area we're ses-tiisg." 
Capt. Ron Davis said "B; =iiild 
contaminate a crime s.-?r-- z£ is 
a suspect. If s for hn n^ n^ 
tection." 

Searchers told repass Sa- 
urday that police ha: i ^mess 
who reported seeing Ea-rvxi 
returning to his hoiK »fCi a 
shovel after Haleri ss^h 
pearance. 

When asked aboir ~c re- 
port. Chief Bolden sau. Tare's 
a shovel involved ir tts ase. 
That's ^bout as far I cei p. ' 

Hardwick's wife, r.a:7 ad 
Saturday she has daass ixnt 
her husband's story. 

"I have very stromc ■ebjo." 
said Nfrs. Hardwick. wn cpa- 
rated from her husbesc ca is 
now staying with fa=- sniser. 
"As his wife, I still sax. i» eh. 
1 think I owe him thai ! aoea^ 
turned him away. Whasf^ ap- 
pened does not chan^ :k cm 
he has for that girl" 

But she added, 'Ti: kt aire I 
ever want to know v^c ap- 
pened." 

Staff writer Kathf 5r-i/— - ry- 



R.W. WaMace jr. 
Retired: 

The funeral for F- ^liiams 
Wallace Jr. of Atlan^. £ .-^tired 
stockbroker with Me.T^l L;--nch, 
will be at 11 a.m Mdzc=; ■: Pat- 
terson Spring HiZ .";:reral 
Home, with burial k Pr-Jedge 
Cemetery in Rutledrt Ci 

Mr. Wallace, 73. ±t: -J. :om- 
plications from a sT!-'i 5.:"_'day 
at his hon;.-. 

Sur\i>-; -J"Jse 

C. Wallace; -^th- 

ryn W. Hill or .-Ui--/.^ l-: .-juse 
C. Wallace of San Fr=.-cjcc; and 
a grandchild. 

Mary EG. Kacoi-nb-er 
Retired schookeacher 

A memorial serv-j::; f:r Mary 
Ella Gerald Macom^^ -J .-.-Jan- 
ta, a retired schooltia^iiber. will 
be at 2 p.m. Monday r S: /■cseph 
Hospital's Chapel. 

A graveside ser-o:« rx Mrs. 
Macomber will be r. l p.m. 
Wednesday at Tho.— ry Ceme- 
tery in Thorsby, Ala 

Mrs. Macomber. *:5 Cjed Fri- 
day at her home. 

Surviving are bar iusband, 
Chester Macomber; » iEJzhter, 
Shirley Paquin of Atinx t sis- 
ter, Agnes Nelson rf Siming- 
ham; and two grandcraczi. 

UsaKVBarv 

TTMQxaS 

The memorial femes for 
Lisa Marie VUIani d LocHiville, 
a 'Waitress at tiie Or^ Garden 
restaurant in SneDviLe, viB be at 
2 p.m. today at Tom ^ass &iell- 
ville Fimeral Home- 
Ms. Villani. 28. died Fnday at 
Gwinnett Medical Caisr. The 
cause of death is not kucvo. 

Surviving ^re a rtmgtiter, 
Nina Villani of Sneshraie; her 
parents, Ralph and Eets \lllani 
of Snellville; her Eatemal 
grandparents, Chartes Ed Ma- 
rie Schinderwolf of For Pierce, 
Fla.; her patemad grmdptrents, 
Ralph and Pauline V£iani of 
Newark, N.J.; a brother. Ralph C. 
Villani of Crab Orchard. Ky; and 
a sister, Micbele VIBxni tf Mari- 
etta. 



ErfiestElarpk- 

.--y.'Pie funerc 
Tarpley Sr. of L 
supervisor wit- 
in Hapeville, w 
at Lithonia firs 
ist Church, wit- 
Hill Church Of 

Mr. Tarple. 
cer Friday £• 
Medical Cent 

Surviving 
Webb Tarple ; 
Tarpley and ? 
Covington; a 
Stanton of Co. 
ers, James T£- 
and Raymond 
nah; six sisten 
Berthoud, Co:: 
of Latham, K-c. 
Crawford, Viv. 
Angela Tarple} 
Barbara Tarp 
nine grandchi! 
grandchild. 

KO.IIearCr? 
Retired bud^ 

A graveside 
"Neal" Crawfo- 
a retired bul 
Lockheed's Ge 
at 1 p.m. Mor 
Cemetery. 

Mr. Crawfc 
day at Kennes: 

Surviving & 
beth Craig Cra^ 
0. Crawford I 
City; two daux 
Beasley of Woo 
Crawford of A 
grandchildren. 

Retired safems 

Emanuel G-: 
ta, a retired se. 
Co., died Saturc 
Hospital. He w^ 

A graveside 
noon Monday 
Cemetery. 

Surviving ar 
Gelfman Gold: 
and a son, G^v 
Snellville. 

NaryLBcnata 



^. 



G 



G 



G 





>yen check their eiquipment aboard a small oarr 
r^ lake at Rhodes Jordan Park for 7-month-old Hie 
^ping sirxe July 3. They gave up die search after t- 



BILLY CX3WNS / SbOI 

' joat before seardwng 
3-:^vick, who has been 
.:>.rs. 



Gwinnett divers come up empty 
after searching for missing girl 



&y Rob Johnson 

An anonymous "tipster sent Gwinnett 
County divers into a murky Lawrenceville 
lake Monday looking for the body of Haley 
Hardwick, the 7-inonth-old girl missing 
HDce her father reported her kidnapped 
Jdy3. 

Like police and volumteers in two mas- 
nve searches last week, the divers from the 
ajunty fire department found nothing. 

First, the team skimmed the lake at 
Rhodes Jordan Paiit in a small outtxtard. 

Then the divers, in snorkels, swim fins 
tnd wetsuits, swam near the earthen dam 
wbere the water is deepest and muritiest. 

After two hours of aearching beneath a 
broiling sun, they gave op. 

Gwinnett police insist that they are tak- 
ing every tip seriousiy, but no one was sur- 
Jnsed late Monday afternoon when the 
parch was called off. 
The child's mother. Kathy Hardwick, 
just shrugged. 

"What can you say?" she said. "We've got 
to pray." 



Howeve: .e:^.— ves have said the baby's 
father, 23-vsr ju Kenny Hardwick, inay 
know mon r^: :e's told them about his 
missing da^izr.s- uid they continue to call 
him a "stm -sect." 

Hardwiz i=r:s the child disapj^eared 
after he stozec ai the Yellow River bridge 
over Old No-r-s Xoad to help two stranded 
motorists 

In an mir-^v with WGNX/Channel 46 
Monday nif- nirdwick said he was angry 
about the sr^-jmon by people who are 
"convicting rs :*2bre they even know me." 

He saic cmsne apparently had con- 
vinced his v-^ ZHi "there was a terrible ac- 
cident at tn- Dxse. . . . My wife knowrs . . . 
that reganli££ I'low much I've been drink- 
ing ... if ET'^ —TT g happened at the house 
with my br^ ~. I'd have took her to the 
hospital, .^n. :^ijeve me, I'd have stopped 
for noboch cz nat's a cold, hard fact." 

Withoir li ^operation, investigators 
are checkm. r^ iiat continue to flood the 
departmen. — ming one witness's account 
that Hardwi; jts seen with a shovel about 
the time hi. .-.••. fire r disappeared, Gwinnett 
police Cap ':r Tavis said. 



Promoter 
fonnd guilty* 
of tax evasioi 

By Bill Montgomery 

STAf F WRTTER 

A federal court jury .V^l--.- x- 
CoUege Park record p-rr-rtr G 
Johnson of income tax e-"cu r. -.z 
ted him of payola charge! zir-.^ _; 
lanta radio station. 

The mixed verdict bn-p -^.i-= 
of vindication from bc*J-. r^-rL-T • 
federal prosecutor. 

"We l.j5t a few fin,. 
payola d-i.'u-g'j6, but V.-. ... - 
were foloriies of more "j.- - 
reported IncQmo, and v ; -: ^ ^. 
jury agreed,". sajS'iBsiiiL: . . .- *. 
Martin Weinsteln. * --^ 

After more tha»fc^e^~:" ^ - 
ations Friday and Maiidi' t-- J",- 
ted Johnson of two ether lu r-ntcz 
A third tax charge was c;i.^i-&=; r. 
Jack Camp during the wrtiLrs ~.i 
Johnson testified he vji -::; : _ 
ing bills and paying the ;ex= »-: 
for me" to keep adequate a: -— :; 
"It was a mistake, bu: '. • i r-_" 
records played," said i'-^znr-^ 
what I'm good at." 

"If Gregg had beer t •>r2.' 
keeper, he would have w-Ils. ur : 
said his defense attorney Zh~z .c: 
defendant, who has bee: r^ x 
bond, was released petinr^ se- 
Sept. 29. 

3 alleged instances tA pscos 

Johnson was indicte: as .ar. 
tax evasion charges and ors: zs'j. 
alleged cash payoffs in l^- re 
Sidney Wood, then cus: arsi 
WVEE-FM (V-103). M: *oc .- 
from the "urban contem?a-j- "cr: 
tion in the fall of 1990 "s ay:: 
Wood testified, totaled P»X 

Johnson and his attora* sic y_ 
lacked credibiUty becauK z'ci i^- 
relate exactly where tb; ilissc 
from Johnson took place 

Under defense crosf-Esimar 
Wood acknowledged he vsszhc r 
al grand jury last October 3 r'e : 
stances of where he wk iliae-:. 
paybla by other record prrmrers 
ing in a promoter's office e t nte. 1 
side a radio station. 

Mr. Weinstein refuse: r cjcui..- 
legations of payola other :2: ~06c 
Johnson. 

"They knew this gin pu i :ii 
Johnson, who added be tcoe x : 
his record-promoting busiiis. 



fc 



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9 




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c 



o- 




WAIT STRJCKLIN / Safl 

r in Avooda-^e H gh School's perform- 
for a brarvi ->e.s black Toyota Paseo. 

rive 

RITE OF PASSAGE 
! NEW FREEDOM 




nst-^ . . DAVID TULB / Sofl 

w^ dnver, at shoulder-beked in 
«> take their n^ai ov-.^ 



Two accounts 
of whcife baby 
disappeared 

Dad reportedly told boss 
one site, police another 

By Rob Johnson 

here exactly did Ke.-.r;- H ard wick last see 

his baby daughter t.-.r - :-: of July 3? 

HurdwickhasofFeric r- : answers to thai 

r.n, police say — one cf ".■ : i.-consistencies 

■-" i". lave made invesligalori • _;:.cious of his ac- 

;.:.nt of Haley Hardwick's diiirr-e^rance. 

Hardwick's employer, MiV.e - :'.ti, says that the 
r:.— ling after the reported •.: 
rarpingof the Lawrenceville z.r 
Hirdwick told him he :.i: 
r.:??ed to help two stranded ::.■:- 
■.:.-.5ts at the Yellow River bnirt 
:- Davis Mill Road. Mr. Ac-t: 
»ave that information to police 

But that's about a mile e-:.- 
:'.-:m the Old Norcross F:-:: 
:.-.dge where Hardwick hii -t 
;-:.a:edly told officers and rep^:- 
en he stopped to help the -:- Kenny 
::-jis. Hardwkk 

Hardwick claims that the r- : 
;rr<dp\e he stopped to help kjdr.i-ped his 7-month- 
: !i daughter. 

Iknowif it wasmychild, r. v:uld be burned in 
~y mind exactly where it had r^rpened," Mr. Ad- 
':iT said. "I thought it was strar^; he told me Davis 
.^liU and then it got changed tc I A Norcross." 

PoTtce confirm employer's repcrt 

Hardwick maintained as r^csntJy as Wednes- 
z^y that his daughter disappeirsd from the Old 
Norcross bridge; he could not >: reached for com- 
rjent Thursday. 

Hardwick told him he was rrmg Haley to visit 
lis mother-in-Uw that Fridf; :nght. 

Gwinnett Police Chief WiTne Bolden con- 
irmed Mr. Adler's report ThurK^y. 

A day earlier, police saii Hardwick told a 
fnend that the Hardwick hone ^ad betfn burglar- 
iied just before the reported cdnapping. Hard- 
^ck told the friend that HaJe? lad been bruised 
idring the intrusion, police s£j1 

Chief Bolden said he finds x: fuspicious that af- 
•^r the kidnapping, Hardwick failed to tell police 
ibout any burglary. 

The confusion over the bnirss muddles the in- 
estigation even more, the chaef >aid, noting, "Fifty 
percent of what we're doing u r>'ing to figure out 
■fhax he's telling us that is trjt " 

Mr. Adler, a landscaper a jo says he is still 

*ajting for Hardwick to coLle- SI 30 he owes him 

■':r Dsst work, says he wants r: relieve the man he 

■ i for two years, b.- ze finds it incroas- 






o 



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€ 



• Jma found at the scene. 

i^iTV D Brown, 34. Donald Wilson. 32, and Erne? r 
-JO «^re charged earlier this month with then after po 
ihe cameras that had been taken from Jennifer Stone'; z 
Thev are accused of selling them just hours after the I r. 
Georgia journalism student was sexually assaulted ar. 
Aoril 23 in her off-caimpus apartment. 

Mr. Wilson and Larry Brown, both homeless, v.- 
bond Ernest Brown Jr.. an employee of the universi" 
on a $6,500 bond. The DN A results from the state crimt . 
more than a week after authorities determined the .=-_ 
gerprints did not match those taken from Ms. Stone'j e 

RELIGION 

Bishop Knox to lead Methodists. Bishop J. L' 
former missionar>-, has been named the new head c 

gia's 250,000-: . 



Angry neighbor 

goads Hi- ^-^"^wick 

After a day vM tjuestions 
from rer>orters a /ncerning the 
disappearanc- c IrJs daugh- 
ter, Kenny Hard - :ck had one 
more confronti'-ion Friday 
night when a neiv: 'rib-or tried to 
pick a fight with i.irri. 

The incident c^ccurred dur- 
ing an interview with a news- 
paper reporter, &s Hardwick 
talked about a t£.Ie\ision re- 
porter who had angered him 
by reporting allegations he 
had beaten his wife in the past. 
Standing in from of his resi- 
dence, Hardwici described 
the reporter wilh a string of 
profanity, adding she was 
lucky he didn't hit her. 

A neighbor listening near- 
by suddenly started pushing 
Hardwick. "Are you fast on 
your feet?" the man taunted 
Hardwick. "C'mon, you beat 
up women; fight me." 

Hardwick backed up. "I'm 
not going to jail for this," he 
said. 

The man punched Hard- 
wick several times before 
Hardwick swung back with a 
motorcycle helmet. The man 
then left, and police were 
called. 

Hardwick, Dvbo police say 
is a suspect in the July 3 disap- 
pearance of his daughter, Ha- 
ley, said he wtnild take out a 
warrant for battery against 
tke neighbor. 

:" "Total hell," he said of the 
Uay. "It's been tot^ chaos." 
f 

Dovjd Noel 



.r., 

u Tmd 

-— tnt. 

— )f 

- -ed 

.-.ed 
: — d 
— ed 

-_: :n- 

: rT.t. 



-r;r 

r-J 



MILITARY I - tS 
coLQurrr >s of 

three air crs^ «c=m$ 
named. One of =r^ 5=ple 
killed Thursday r :; nsh 
of an Army car? 2nE in 
South Georgia we- :==aed 
as lAai- Michae i ':=xt, 
43, of EnterpriH: =- Tbe 
names of the oxssr tt. rto 
were civilian =r-™;ss, 
were withheld p=::m uti- 
fication of rezr^ Tie 
plane was a twn-an C- 
23 from the U.S frr rela- 
tion Technical T^ .rz- at 
Fort Rucker. Tic irr iaid 
it was on a tes t^z. 

THE COURTS 

; ;COBB COUMTTYs Di«trkt attorney's vrife wans mrvt. 
Co^b District Attorney Tom Charron's wife has filec c -Tce 
on the grounds of his alleged "habitual intoxicatioE' ei ^nel 
tteatment." Lynda B. Davis Charron filed papers Juh . : jrob 



Methodists, su:-:- - : 
tiring Bishop E-- : 
aid. Bishop Kn: ; 
from Hirminjrh ; " 
has been bi.sli : 
He can serve • 
North Georfc'ic • 
datoo' retirer 
of Tampa, Bisr 
graduate of Fj:".: 
em College an: '.- " 
versity's Canc^' 
Theology. Fror 
1964, he and hii • 
were assigned i r 
ies to Cuba an: - 
After retumirit : 
he served chur::.-: 
Palm Beach, Tl-.: 
Petersburg, hti'^- 
panic Ministn ~ 
and was distric s:--z:5n- 
dent of the M-et. i: le- 
Land districi. -:-'op 
Knox's new aszczr.-- vas 
made Friday b^ i: 
Methodist Chu— 
eastern Jurisdir^^:. 
ference, meet::! : 
Junaluska, N.C 



. :f 



•tSt 

- it. 
i £:s- 

-.:a. 



lied 
urh- 
I:;n- 
_ixe 



By Jill Vejnoslca 

STAFf WRITER 

He'd recentfjr returned from 
looking for his scm in New Zea- 
land and had hi-s plane ticket for 
a similar iT>is..:jon ii) Canada 
when the phonti r-ang in Duff Ort- 
man's LexingtcM\. Ky., home last 
week. 

An FBI aeeiil told Mr. Ort- 
man his son. Jay. 9, might finally 
have been foun d living in Cross- 
ville, Tenn. In the three years 
since his ex- wif «.; , l^slie, had dis- 
appeared withf Jay into Faye 
Yager's underri: -ound, Mr. Ort- 
man, 37, had :i'eceived enough 
such calls to k.T-:Ow he shouldn't 
get his hopes ur Nonetheless, he 
made the 3' -r 
ville to tr.- 

And si; 
ter travel in,' 
the world" X': c: 
starting a S5,'': 
that eventu.Tl 
$25,000, Mr. ■•■: 
ended as une>_r- 
begun when .' >. 



- trip to Cross- 

itify the pair. 

was over. Af- 

. -.J [way around 

•:'■: out tips and 

■ reward fund 

., swelled to 

^.njTian's search 

ctedly as it had 

f- -id his mother 



Duff Ortma-t ^ 
son Jay beg2 :-^ 
and his mo' — «^ 
17, 1989. h— -J 



vanished frc-. 
Ind., on Juh 

Ms. Or-.: 
July 10, lar- 
phone tip tc -• 
"Missing 'Rf-' 
Dearborn C :: 
courts had rr: 
temporary- :.: 
1989, she ; . 
the charge : 
order and - 
paying; a 5! 
Indiana ]zii 
Ortman te-- 
Jay, and the " 
I>exingtor. .' - 

Last ue; 
Mr. Ortmaj-, ■ : 
had last k*" _ 




Amid the Aie^tris at the La Petite dayor- -r-r 
Clark examiries the run-away Bobcat traar — e 



'Pure luck' saved 



Tractor plows through 
Cobb playroom, 5 hurt 

By Diane l,oiB(*"WE 



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Detectives 
sift tips 
in hunt for 
missing girl 

Dozens of c^iUers 
contact police 

By Rob Johnson 
arxJ Kay TorrTLnc^ 

I'kff WHITE 1^ 






LcKions of would-b-- zr-.ti- 
• uppers, aching over ih -. :—-:_= 
;ate of a missing 7:- :-■_■:. j 
eirl, continue to flood G-v.-.en 
Tounty detectives wish ;:•-.;«, 
r.ps and theories on whj: r^fell 
Haley Hardwick. 

In fact, the public i; :-:;v^ 
i.n enthusiastic, somerirrrss tg- 
^ressive, role in the ]Hc.-:=i:lc 
z&se, police say. 

"In a case like this, the - ubbc 
iiiterest is great," Gwinr-rr Po- 
lice Chief Wayne Boldei iiid 
Monday. "The niore calU =e get, 
'Sit more chance we hi.e *o 
Dreak this case." 

Secretaries at the ditpi.-rze.nt 
say the calls stream im diiiy, as 
they have ever since Htlr. • fa- 
'Jier said she was kidn.appe-.: Jdly 
3 by a pair of motoristi dc Old 
Norcross Road. So far. mD.-? ian 
200 have been logged. 

On Monday, Haley's r>D±«r, 
Kathy Hardwick, deli-ver^^ = let- 
ter to police that shie ra- re- 
ceived from an anonymous Mari- 
etta woman. 

Checking newscasts 

And because Kenn) Hird- 
wick — Haley's father tsd the 
chief suspect in the La^rrmce- 
ville girl's disappeaj-ance — is 
reluctant to cooperate fulh- with 
them, the police are ■porss. over 
newscasts and news arx^es to 
find out what he is telling :^j»rt- 
ers that he's not telling X'*r\ 

"We have to find 0'a^ lite ev- 
eryone else, what's "^s^ on, " 
Chief Bolden said. 

Monday, however, Ha.'^wick 
met with detectives at £:: ..iiidis- 
dosed location to nevnew mug 

cf,„,c .r ^i „,„ ..^.^ --.;. — wi,. 



J^ 



Ballots on As^ ^^-3 Victoria Palkovic (right) irzc^ 'or groceries a: 
Kroger store. ■: ■ ■ "row (left) and Waher Hot» se ^ a poUing pt 

Bailors amid the ban? 

Officials :::ced to use some unusual polL 



By Joe Ear4e 

STAFF WWTER 



► Where tc 



:e polls 



Who says ga:ii 
has to be drudre:- 

In Acworth -t-su uzbea 
day at the bea:.-: - ^.c-Aorth 
Lake Beach, thi .i rrers can 
elect a new represerarve and 
work on their tsif r ne same 
time at a cirj -rv-ijr.: beach 
house that serves e i polling 
place. 

In Alphareta ex. Sandy 
Springs, some v^rsr^. tin stock 
up on post-elec~a: ra-t^' sup- 
pUes while casnis rsir \-ote at 
the neighbonixi: Kroger 
stores. 

And in ear l^rx \-oters 
can skate throuz: rt election 
at the skatinx -=i polling 
place. 

As polls a=-:s: retro At- 
lanta open for rcr " ! primary 



Whom to Cli ►Fedston 



Today b eiectioo oe- <f 
Democnstic, Rspubfaar 
ind non-psMtinn pi 1 1^ 
lies. JPpMi M« ooer <im 7 
a.m. to 7 pjn. B fx: rme 
infomrMtion about •'wi 
to voce, cal yourcsur^ 
eiectlofw ciwke Hc^ s^ 
tome helpwi telep^cnt 
fumbtn in metre a^bxc 

-►•r^jBbitf 7»^sn - ^ 

► DalKaft8L37l-2»{ 

► CSobbe 52S4M^ 

► CMyten: 477-^71 

► FM«ct«e46f-(94l 



election, most voter; vil :ast 
ballots in schools, rrthn^ses, 
churches, city halls or rt:r«a- 




tion buildir 

But in 
election ofi 
a bit mon 
finding pla 
ballot boxt 
chines. In t 
population 
rated tr; 
places, for 
cials to scf 
sometimes 
catiODS. 

"We hi 
said Glo Ke 
for the Pai 
which has u 
Rink on Da 
past four 0: 
Actuall; 
Keeton, 
roller skad 
provement 
olace that 
aire poUwo 
shop in an 
■•- .f c 



Q 



C 



C 




«VJ.VJ^ lt-4.| 



M-.-: 


. -.:':her block 


m :'■:-. 


- -Jdtion of 


eilir: . 


-bk bicycle 
r-imn built 


■' 


\':ygia." 


El 

PA-- - 


CiUYER 

--tsron director 



. Wl, t^ 1^ ^^ «.« • 

No: likely, 

sur sties say 

Ci>: loesn't fit 
abc-. -ion profile 



DAVID BEASLEY / Sttfl 

vh« ^!^ coordinator for bicyde and pedestrian 
affK: :>-r " ^st wants streets sat'e for cyclists. 

ier to obtain. The bill allows for 
flexibility in using federal dol- 
lars for transportation purpo^^ 
other than highways 

A m^jor problem, however, 
is tliat Georgia law prohibits 
motor fuel taxes from being 
used to match federal funding 
for bicycle trails. 

Instead, matching funds 
must come from local coffers, 
private dollars or from a direct 
appropriation by the Georgia 
General Assembly. 

Mr. Yost, an avid cyclist, 
makes no promises onj^Sltirti$f>i^' 
will be able to deliver in rus new 
job. 

But he does prOtyCi 
cyclists a voice in the mShlm" 
state highway agency. 

"I would like to instill cy- 
cling within the department," 
he said. "Bicycling will have a 
small role in the overall trans- 
portation system. But it can be 
significant role. I'd like to think 
that if we provide facilities, peo- 
ple wrill use them." 



tatioc 
'atura Hi- 
reedar • 
ailed 
'arkvr 

inc .% 

lindi--^— 

ranspcr-^ . 
ng for r=.^ 



-?n-cwer MART A 
^.rnnk Museum of 
■-"■ via the new 
--rvay, formerly 
:- Presidential 

- .i >eeking a com- 
~'ite and public 

--.nstruction. 
■^ new federal 
" nj, public fund- 
-:';:d be much eas- 



wi:i - 
t>,e.' • : 


- .-.old Haley Harti- 
. ::-.5pped from her fa- 
-.. -hile he helped two 


St.'i-" I- 

he-:". 


-jtorists, the disap- 

- • .id be one of only a 

ijch abductions t:'- 


r-L-.j- 


- ■ I-eorgia, authon"i'.' 




kidnapped b; 


of -._; 


-i.'i up only about ~ 

.- T 1 OS reported case-i 

. .-.ddren in 1991, ac- 


c:r; :.: 


.-; Georgia Bureau of 



•;-• -irdwick told polic-r 
he -^ : : -. ~y 3 to help the mo- 
te r.i. •_- their Pontiac Le- 
.\;^j _ -en he returned to 
hi: : .: his 7-month-old 
d.i.1"-: • ii missing from her 

-.issing children in 
G-r: -T- _■ /ear, only four were 
arr.c:-- : strangers. The bulk 
of It Ci-ii Aere runaways and 
pa^-i-ii ::iuction8, according 
tc >:-:.: 3'jreau of Investigs- 

l-:-zz County police are 
$:is:'j:::^ :f Hardwick's story, 
'trc ii i J a strong suspect in 
tr.j _£.— r.cfiville infant's disap- 
[>ei.-rr— ■- Hardwick maintains 
h_- :ir ---.:« and has not been 
cr.L-£-. •--' any crime. • . 

Ki."--:< says two men kid- 
nirrr. li daughter. But men 
m>~ :k for older children to 
&e::-i- -cdraize, whereas in- 
far.r- r-- .ijually seized from 
h:»sr -.^ r. women, said Ernie 
MizT. r-'.s jent of the National 
r Slissing and Exploit- 



■^ r Jifants, everything 
cT£Zii^ Sir. Allen said. "The 
p.-3i.r : re abductor is dispro- 
pD-icnii:,. female. They take 
trti ;r... .- order to keep." 

- -^ percentage of chilr 
d.-5i •■-: :o not fall into the cav- 
en-= : cbductees of parents 
or :z-riS5 -jnaways, usually ace 
hs-i -j-Z'ered by someone the 
c::.c--r --*w, said Pat Johnson 
or?^«'^-^rs violent crimes 



:pie should be warv of 





c 



C: 



; ; 



fterbe- 
JC€ Sgt. 

■ith the 
Idistrib- 
karlier. 
lealth," 



lice coining up to them and say- 
ing, 'Come with me ' " 

Police had focused their 
search on the Five Points station 
area after tracing a long-distance 
phone call the older Rirl made 
from there Tuesdax 

Sergeant Pendergrast said 



not kidnapped 

"Through miscommunica- 
tion, they were not picked up at 
the movie," NeaJ Hardin, a De- 
Kalb pohcc communications su- 
pervisor said earlier in the day. 

Ofhcer Hardin said P'eUcia is 
a "habitual runaway," whose last 



iVil . A&ltfci to, wiiu 1^ 111 iii:> iaic 

60s, is sick, Mr. Johnson said, 
and did not realize the girls were 
missing. 

"It's a miracle to find them 
well and unharmed — especially 
in this day and time," said Ser- 
geant Pendergrast. 



^s^nnoT^ 




Police: Tips 
help keep 
search for 





N<X WKOYO / Stiff 

VHftam B«rr (teft) toors Hemdon Homes housing projea with Rich- 
i proJ«tt director of the SCLC's "WingS of Hope" ano-drug program. 

isits SCLC in Atlanta 
h antindrug program 



ral WU- 
top law 
ame to 
to teU 
w to cut 
%d tape 

out in a 

MT met 
8 of the 
>derShip 

Wclffim- 
nelgh- 



W: 



■ttdogis 



bureaucratic project," Mr. Barr 
told the Rev. Joseph E. Lowery, 
SCLC's presideBt. "It must be a 
project where the solutions are 
found in the community itself." 

He acknowledged that in the 
past decade the federal govern- 
ment's anti<rime efforts have 
relied too heavily oc prison con- 
struction and not enough on 
crime prevention. 

Mr. Barr said the federal 
government has entered into a 
"new marriage" wrth local ac- 
tivists to see that soaal services 
addressing the underlying 
causes of drug abuse actually 
reach their communities. 

The Rev. Vernon Clay, na- 
tional assistant director of the 
SCLC's "Wings of Hope" anti- 



drug program, said he wel- 
comed the help but frankly told 
Mr. Barr that in the past "the 
marriage somehow gets • di- 
vorced by the time the plane 
lands in Wasiiington." 

Mr. Barr said the Hou s e has^ 
appropriated S2.5 billionTSfTEe 
"Weed and Seed" program over 
five years. Tbe SCLC has been 
selected to participate in the pi- 
lot program but is still awaiting 
funding. 

After tbe meeting, Mr. Barr 
toured tbe Hemdon Homes 
housing project, part of the 
"Wings of Hope" program, 
which works with communities 
and churches for drtig preven-^ 
tion in 12 cmes ..-— -^^ 



Detectives busy 
handling calls 

By Rob Johrrjoii 

STAFF WRTTIR 

As their search for Haley I 
Hardwick heads into its 20th ■ 
frustrating day, Gwinnett police 
said Wednesday they still need a 
large team of detectives just to 
keep up v,iih the tips that are 
rolling into the department. 

Ever since the public became 
aware of the 7-month-old*s dis- 
appearance, it has flooded police 
with its notions, suspicions and 
possible tips — and that response 
is one of the driving forces in the 
investigation. 

"As long as we keep getting 
all these calls," Gwinnett police 
Chief Wayne Bolden said 
Wednesday, "we've got more 
than enough for our people to 
do." 

In fact, the Lawrenceville Po- 
lice Department, which normally 
hands its major cases to county 
detectives, continues to assist in 
looking for Haley. If, as Kenny 
Hardwick maintains, his daugh- 
ter was kidnapped at the Old 
Norcross Road bridge, the ab- 
duction occurred just inside 
Lawrencevilie's city limits. 

And even though police are 
openly skeptical of Hardwick's 
claims that a pair of stranded 
motorists abducted his baby 
when he stopped July 3 to help 
them, Lawrenceville Police 
Chief Butch Conway has ordered 
a city detective to stay on the 
case. 



jr uru|$ [jrcvcn- 

Q*^fl»wW^sj?''^ ' Nashville case cited 



(; 



c 



c 



lisits SCLC in Atlanta 
ifiBntindrug program 



■aJ WU- 
top law 
une to 
to tell 
V to cut 
ed tape 

3ut in a 
rr ir.t't 

of tllf 
dership 
le Busli 

"Weed 
•eclaim- 

nelgh- 

tMng is 
Ington, 



bureau 


fen: project," Mr. Barr 


. drai ~ 


told the 


Rev Joseph E. Lowery, 


co-fc •- 


SCLC'f 


preiident. "It must be a 


M: i- 


project 


■Ahere the solutions are 


mc— .;-= 


found 1. 


, L^e c-:mmunity itself." 


vor:i 


He: 


-:xr.Dwiedged that in the 


laxin 


past de- 


liis Ur,i federal govem- 




ment's 


i,-.::-:r!me efforts have 




relied \ 


•J hea.iJy on prison con- 


app . - 

"Vfr: 
fiv: : 


structj: 


r. Lr.i not enough on 


cnme ; 


:evrr,"_on. 


Mr. 


?>i— 5iid the federal 




goveiT.: 


r.r.'.t r.ii entered into a 


hj'. : ■ 
fu:: - 


"new r 


irr.iZi" with local ac- 


tivisis : 


: jrr L"jt social services 


■ - 


addre- 


\T.z the underlying 


tou-t 


causes 


of -ZTXS abuse actually 


ho^:^.- 


reach t. 


.ei- c-:— .■numties. 


••V.:.: 


Th4 


?.£. \'emon Clay, na- 


v.)-j; 


tionaJ £ 


jiir_aj;t director of the 


an: ;"; 


SCLC's 


"'W-jizi of Hope" anti- 


tio: ; . 



£-i.Ti, said he wel- 
tirip but frankly told 
z^t in the past "the 
:.:mehow geVs di- 
r.e time tlie plane 
LirJngton." 

.- -aid the House has 
:r: $2.5 billioriSforthr — ' 
: >ced" program over 
~.-.e SCLC has been 
:.=.-ticipate in the pi- 
- : Jt is still awaitint; 

-. -neeting, Mr. Barr 
r Hemdon Homes 
-;;'rct, part of the 
Hope" program, 
■J Aith. communities 
--:• for drug preven- 
:~-es n« 



with its notlotifl, suspicionB el 
possible tips — and that respon.' 
is one of the driving forces in tr 
investigation. 

"As long as we keep getti- 
all the.se ceils," Gwinnett poi 
Chief Wayne Bolden s: 
Wednesday, "we've got mc- 
than enough for our people 
do." 

In fact, the Lawrenceville ? 
lice Department, which norm=- 
hands its major cases to cour' 
detectives, continues to assist 
looking for Haley. If, as Ker.- 
Hardwick maintains, his daux 
ter was kidnapped at the 
J^Jorcross Road bridge, the £ 
duction occurred just ins:; 
Lawrenceviile's cii;y limits. 

And even though police £ 
openly skeptic.-)! of Hardv.i; 
claims that a pair of strar.:. 
motorists abducted his ti' 
when he stopped July 3 to h-. 
them, Lawrenceville Po;;. 
Chief Butch Conway has orde-. 
a city detective to stay on : 
case. 



barged in sexual a^aiut 




I sheriff's 

lised the 
cnty jail 
iK^ednes- 
I had sex 
laroom 
I county 
iiy. 

'■■no, 42, 
'»day af. 
maelt in 
I a felony 
fault. He 
■ and was 

Icribed as 
'in Seay's, . 
'w a news 
>l the ar- 
I' defeated 
km bid. 

i* ui^t 
•Rations" 
* further 
»Ure- 




Tbelbert 
Owen Carroll 

Resigned and 
turned himsdf 
in on a felony 
charge. 



fused to subrmt to a polygraph 
test or to cooperate in an inter- 
nal inveso^tioa. Col. Richard 
Zimmerm an said. 

Las? Thonday, Mr. Carroll, 
a police g&cxx.'fyr 19 years, 
signed papen rndtcitflng be was 
tranpoTODg a 21 -year-dd wom- 
an jailed oo a bursary charge to 
a coun bearing. Colonel Zim- 
merman said. There was no 
such beariog, be said. 

At about 1 Ch30 a.m., Mr. Car- 
roll and the inmate allegedly 
had coosensuaJ sexual inter- 
course in a vacant office ac^a- 
cent to a cooitroom in the Cher- 
okee County Administration 
building. Colonel Zimmerman 
said. Any sexual contact be- 
tween law officers and people in 
their custody is considered sex- 
ual assault. 

The woman allegedly be- 
ueved that by having sex with 
the of5cer she would receive 
special treatment ^ court. Colo- 



ne. _r: 
tha- ir 
sper_ 
Car- ^ 




li.-nan said, but added 
i: not been promised 
rjitment by Mr. 

i in isolltted incident, 
^ can telv' Colonel • 
"-31 said. "There's a 
^r^e on the part of 
t: worked with him." 
Zimmerman said 
:ad a spotless rec- 
■^^ aevereven late for 



~x£z County police be- 
rrsscgation Friday after 
=ale inmate reported 
==: incident. Colonel 
r:^ iaid. The inmate al- 
r-a-ved in the sexual as- 
nrved to the Paulding 
- Saturday and will be 
: ne Cherokee Coifiity 
Zolonel Zimmerman 



gar e: 
anoCD: 
the L. 

Zirrrrr.^' 

legsi" 

saut =^ 
Cour- 
renr^ 
jai] -nc 
saic 

Ti ^anan told her attor- 
ney js:s3 Delaney, that she 
hac rei eizially assaulted last 
Thirsc? aid Friday, and that 
aadent happened in 
Colonel Zimmer- 
rrestigators had evi- 
Eiy on^ sexual inci- 
tes: L.C 5f.O. 




T Nashville case cited 

So far, the Gwinnett .tear 
detectives has chased leL- 
across the Southeasfand trie: - 
without luck — to find a trace 
the baby's kidnappers. 

Gwinnett polic