0 THE COURIER-JOURNAL, WEDNESDAY, SEPTEMBER 5, 1990 D3 liespite drug charges against them, sheriffs are free to stay on the job 1 1 Associated Press LEXINGTON, Ky. Three Eastern Kentucky sheriffs and a deputy sheriff who were arrested last month in an FBI drug sting plan to continue working until their cases are decided. A fourth sheriff is being held without bond, and another defendant, Beattyville police Chief Omer Noe, was suspended without pay on Aug. 16, the day the six were arrested. Sheriffs are state constitutional officers, and Kentucky law has no provision for suspending such officers while criminal charges are pending.
However, some judicial and law-enforcement officials say they would like to see such provisions. "The law just doesn't address it, and it should," Deputy Attorney General Brent Caldwell said. "I think there should be a way to suspend a sheriff where you have probable cause to believe he has engaged in serious misconduct or criminal activity that would be grounds for his absolute removal," said Capt Larry Fentress, legal affairs officer for the Kentucky State Police. But because sheriffs are elected officials, proponents of such a law say it would have to contain strict safeguards to prevent abuse by political foes or others with axes to grind. Although the arrests of the six lawmen has kindled talk about the subject, several police and state officials say they know of no current effort to create a law allowing the suspension of sheriffs.
Arrested in the sting besides Noe were sheriffs Johnny Mann of Lee County, Billy Mcintosh of Owsley County, Lester Drake of Wolfe County and Dean Spencer of Breathitt County, and Wilson Stone, a deputy in Wolfe County. constituents. And Drake, asked whether he thinks he is as effective as before, said, "So far I have been, and everybody has been real nice to me." State law contains provisions allowing the governor to remove peace officers including sheriffs for neglect of duty. The legislature also can impeach a constitutional officer. But those measures aren't practical as a way to get a sheriff to step aside while under indictment.
Pat Abell, attorney for Gov. Wallace Wilkinson's office, said federal prosecutors asked the governor's office to wait until the criminal case against the six officers ends before trying to remove them, to avoid interfering with the trial or trials. The last time a Kentucky sheriff was removed was in 1983, hen Gov. John Y. Brown Jr.
removed Harlan County Sheriff Paul L. Browning Jr. nearly a year after he was convicted of conspiracy to murder two county officials. Name tag shields officer during drive-by shooting TAMPA, Fla. (AP) An off-duty policeman was caught in a drive-by shooting but escaped with only a scrape when his name tag deflected a bullet.
i Thomas Thompson was working as a security guard in a bar wljen a passenger in a passing car began firing a pistol at a group of pepple outside the bar. Thompson tried to close, the bar's front door and was hit by a glancing blow in the chest by a bullet Another man suffered a leg wound. A man and a juvenile Jvere charged with attempted murder. 1 DEMOTED LOUISVILLE CHIEF BACK AT WORK: Richard Dotson found his new quarters cramped as he reported for station. Dotson, who was demoted to captain Friday by Mayor Jerry administrative assistant to Ma.
Douglas Hamilton. STAFF PHOTO BY DURELL HALL JR. Former Louisville police Chief work yesterday at a district Abramson, is now an Sheriffs Billy Mcintosh of Owsley County (top left), Lester Drake of Wolfe County (top right) and Dean Spencer of Breathitt County. All have pleaded not guilty. Mann was denied bond and remains in jail because he allegedly threatened to kill anyone who turned him in.
But Mcintosh, Drake and Spencer have been released on bond and are now reported working. The situation contrasts sharply with the way other police agencies would handle such a situation. Fentress said any state police officer facing similar charges would be suspended, at least until the agency could review the allegations. And "if that happened in any municipality, you would have a suspension pending final disposition," said Ashland police Chief Ron McBride. "You have a whole tier of credibility," McBride said.
"Can a person who is under indictment for running a 'chop shop' effectively, impartially and fairly conduct an investigation against people who may be involved in similar type activity?" But Mcintosh said that being under indictment had not hurt his effectiveness or his support among Judge delays cocaine-case sentencing of ex-Christian County Sheriff Dillard Associated Press PADUCAH, Ky. Sentencing in the cocaine trial of former Christian County Sheriff William Dillard was postponed yesterday because defendants in the case had objections to some pre-sentencing statements. After a lengthy hearing on the objections, U.S. District Judge Edward H. Johnstone decided to delay sen-tencing for Dillard and three co-defendants until Oct 10.
Johnstone said he would have a ruling on the objections in time for sentencing. Dillard was indicted Jan. 17 along with three others. Dillard was convicted on June 22 of conspiring to take for his own use $12,000 of government money he bad been given to buy cocaine and conspiring to sell cocaine while in office. He was acquitted of actually converting the money for his own use.
Dillard, 51, the state's first black elected sheriff, contended that he plotted to sell drugs as part of an undercover investigation, not for his own profit as the prosecution charged. CHARGE MASTERCARD VISA DISCOVER PRICES GOOD FOR THREE DAYS THRU SEPT. 8, 1990 ITEMS AVAILABLE AT KENTUCKY STORES ONLY, EXCEPT BEER ONLY AT TERRY LANE, 5717 PRESTON OUTER LOOP AND OUTER LOOP PLAZA. NO LIQUOR SALES SUNDAY, EXCEPT BEER 'mm- HEAVEN HILL GREEN 6-YEAR 90 Dillard was tried before Johnstone along with Deputy Sheriff Lee Jordan Jr. and former special Deputy Jerry Lee Stokes.
Dillard, Jordan, and another defendant, Henry Lee Sivils, Dillard were charged with conspiring to sell cocaine. Jordan was acquitted of charges relating to the money, but convicted of conspiring to sell cocaine. Stokes was convicted of conspiracy to obtain the government money but acquitted of actually converting it Sivils was found guilty of conspiracy to sell cocaine. The trial focused on events in August and September 1989 while Dillard was in office. Dillard lost his bid for re-election last year.
Most of the government's evidence came from FBI informant George Art Davis. Dillard and his co-defendants testified that they mittees required by federal law and state regulations to determine whether students should be in spe-cial-ed classes had never been formed. In one case, the teachers said, a hyperactive student who misbehaved in a regular classroom was assigned to a class for children with learning disabilities, even though his grades did not warrant that. MILLER MILWAUKEE REGULAR LITE DCCT GENUINE DRAFT DEO I REGULAR -LIGHT 95 81; jfgfcW 12-PACK hB 12-PACK VJf 12 0Z. CANS 12 0Z.
CANS COLD BEER NO EXTRA CHARGE 69 i 1.75 99 750 ML State investigators find Boyd schools violating rules on special education VERY BARTON 86 STROH'S REGULAR LIGHT COOR'S REGULAR -LIGHT GOLDEN DRAFT EARLY TIMES 80 "YOUR CHOICE" BEAM 8 STAR OR CANADIAN LTD l.75 89 750 ML USHER'S GREEN STRIPE 80 in53 ji RVJ yzsfe 750 ML POPOV OLD mi iPfr fStfcfSKM 12-PACK llU 12-PACK 750 ML 12 01 CANS 12 CANS J-Li were trying to set up Davis and eventually arrest him, unaware that he was working for the FBI. The prosecution alleged that Dillard took $250, a $400 diamond ring and loose diamonds from Davis in return for protection of drug activities. The prosecution also claimed that Dillard, Jordan and Stokes met with Davis at his phony electronics repair shop to devise a plan for Stokes to travel to Memphis, and purchase drugs with money provided by Davis. Davis was then supposed to sell the cocaine, sharing the profits" with other three men. The cocaine-conspiracy charge stemmed from a cocaine-buying trip that Davis and Sivils made to Bowling Green in September 1989.
Using money supplied by Davis, they allegedly bought a kilogram of cocaine from an undercover state police officer posing as a friend of Davis', according to testimony. Sivils' lawyer, Rick Johnson, said Sivils made the trip at the request of Dillard and believed he was acting as part of a sheriffs-department investigation. Sivils did not testify. In another case, the teachers contended that a student who needed special education was not allowed in such a class because an administrator didn't want her mixed in with "delinquents." The state investigators said they interviewed 26 people administrators, counselors, teachers and parents in the district. to have their children's eyes checked annually.
The program is cosponsored by the National Education Association and the National Association of School Nurses. "What we're finding is that many parents are saying, 'I didn't have my child eyes examined because they'll have them examined at Hopping said. "Now, that's false information. The schools do not examine the eyes. The schools screen under the Snellen test." Hopping estimated he has examined at least 1,000 children who had 2020 vision on the eye screening test and had IQs of 140 or above.
However, those children were experiencing learning difficulties in school. "Some students may be failing not because of their IQ, but because their eyes are not prepared to do that which is required visually," he said. Some indications a child may have visual problems include frequent daydreaming, short attention span, frowning, blinking, squinting, using a finger as a place mark and holding books close to the eyes. Hopping also said schools are not necessarily responsible for a child's vision. "It's not the school's responsibility to make sure each child is perfectly healthy or perfectly normal," he said.
"Parents have a responsibility of sending the 'whole' child to school." VODKA PAUL Doctor says test is blind to many vision problems MASS0N VINTNER SELECTION CAB. SAUVIGNON WHITE ZINFANDEL CHARDONNAY 80 750 ML 1.5 8" 1.75 479 i iP 'Associated Press ASHLAND, Ky. State investigators have concluded that the Boyd County school system is violating rules on special education. The investigators, all from the Department of Education, found evidence to support four of seven complaints officials received from a group of Boyd County teachers. Linda Hargan, the associate superintendent in charge of the state's Office of Education for Exceptional Children, will meet Sept 18 in Frankfort with Boyd County Superintendent Delmis Donta and the district's special-education coordinator, Judy Stewart, to discuss corrective actions.
"There are going to have to be some changes made," said Johnda Holbrook, one of the four teachers who complained to the state. Donta said he got the report Friday and turned it over to Stewart. He declined to comment further. In their report, the investigators said, "It is obvious from the nature and scope of the problems that they have been developing for a number of years." The investigators found that: The district moves too slowly in evaluating students referred to the special-education program and in placing them in the proper classes. The district's policy and procedure manual regarding exceptional children is too vague.
"Consequently each principal is interpreting the responsibilities differently," the report said. The manual also does not adequately guide principals or teachers in how to process referrals. Identifies students as handicapped without benefit of safeguards. Records were missing in some cases. Has failed to adequately advise handicapped children's parents of their rights.
The state officials said there was insufficient evidence to support charges that special-education students were not receiving appropriate services, or that the district had misused federal funds intended for special education. The teachers sent letters to the state in June outlining their complaints about the speclal-ed program. They alleged that screening com RIUNITE CLASSICS BIANCO -ROSATO D'ORO BLUSH SEAGRAM'S DRY GIN 80 tfltia'f Ell 1.75 TAYLOR'S CALIF. CELLARS RHINE BLUSH BURGUNDY W. GRENACHE MOUNTAIN COUNTRY CELLARS V.
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"It does not detect small and moderate amounts of astigmatism, farsightedness and diseases that could lead to blindness. It does not tell us how well eyes are able to focus up close." Hopping said even relatively minor vision problems could lead to learning difficulties because the student's efforts to compensate for vision problems could lead to irritability, hyperactivity or an inability to concentrate for long periods. "The tragedy is, if not detected, the child is labeled a slow learner," said Hopping, a spokesman for the Better Vision Institute, during a recent stop in Indianapolis. Hopping is promoting the national "ABCs of Eyecare" campaign, which encourages parents 7 1.75 JOHNNY WALKER RED 86.8 HENNESSY V.S. 80 1789 750 ML SEAGRAM GIN AND o.JUICE 40 H99 750 ML 21 IIP9 750 ML 1.5 RON RICO RUM SILVER AMBER ono CHI CHI MARGARITA ORIGINAL -PEACH STRAWBERRY RASPBERRY 169 1199 1.75 750 ML Ill SO REBATE 1.75 REBATES HAVE TIME QUANTITY RESTRICTIONS CHECK DATES FOR YOUR ELIGIBILITY.
