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Newspaper Archive of
The Democrat-Reporter
Linden, Alabama
March 15, 2012     The Democrat-Reporter
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March 15, 2012
 
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Help restore this courthouse built in 1848. 13 3 Volume One Hundred, Thirty-Three Years of Newspaper Service Numbei: Twenty Dedicated to the People of Marengo County Two Sections -- Sixteen Pages Thursday March 15 2012 $100 per copy Published in Linden, Alabama, USA Mclnto Hall i n probate run-off Freeman, Sewell circuit clerk vohng; run-off election will be April 24 Laurie Hall Carla McIntosh nfe n sM Kenny Freeman shakes hands with Katrina Sewell Tuesday "kill r h jury h Carla Gaines Mclntosh of Dixons Mills led Laurie Hall 2,697 to 2,094 in unofficial totals for the Marengo County Judge of Probate primary election Tuesday, Mch 13. Voters cast 629 ballots for Jimbo Ward in this race. Kevin Jacobs was given 586 votes. Toby Henderson received 388. Bill Barley received 309. Scott Parten polled 274. Mike O'Neal received 35 votes. Mclntosh and Hall will be in the ran-off election April 24. Also in that run-off will be Katrina Sewell and Kenny Freeman, candidates tbr Marengo County Circuit Clerk. Sewell led that voting Tuesday with 2,664 to 1,975 for Freeman. In third place was Marsha Atkins with 1,294. Frank Calloway followed with 608. Trailing was Cecil Williamson with 372. In the primary election for Marengo County Commission, District 2, Chris Petrey led with 513 votes. Ben Sherrod recdved 455 and David Freeman received 422 votes. Sherrod and Petrey will be on the run- off ballot April 24. For the District 4 Democratic Primary election, incumbent Calvin Martin polled 73% of the vote. He beat Emanuel Gary 1,141 to 421. One other Marengo Candidate w'as Josephine Hall Blackwell running as a Newt Gingrich delegate in the Seventh Congressional District to the Republican National Convention. In the county she received 58 votes. Elizabeth Barker led with 65. Pierce Boyd trailed with 49. District wide results are not available, yet. Also in Marengo County in the Republican Primary for Seventh Congressional District scat, Don Chamberlain received 2(16 votes and Phillip Norris got 112 votes. The district winner will face Democrat Tern Sewell in November in the general election. Roy Moore, the removed from office justice for refusing to removed the 10 Commandments from the State Supreme Court building led Marengo in the Republican Primary for Chief Justice. tle received 239 votes. Charlie Graddick, the outcast from the Democratic Party when the nomination lbr governor was taken from him and given to Bill Baxley, got 99 voters here and Chuck Malone got 89. That move by Democratic Party bosses sent Alabamians in droves to the polls in November to vote for the Republican Guy Hunt. He got into trouble, too. Twinkle Andress Cavanaugh topped Marengo's voting with 162 in the Republican primary for Prcsklent of the ALibama Public Service Commission. D.cally, Chip Brown got 133 and Kathy Peterson got 80. Lucy Baxley, the ex-wife of Bill Baxley is the incumbent president of the PSC. She is wheel chair bound as the resuff of u stroke several years ago. She is the only Democrat holding a statewide office. "Hung jury" resounded through the courtroom from Judge Eddie Hardawy's bench Wednesday afternoon, March 7, about 5:20 p. m. Darius Powell will have to be tried again .f the murder of Randy Warren in Delopolis in 2008. In his closing remarks to the jury Wednesday morning, District Attorney Greg Griggers explained to the 12 people that he had to first prove that Randy Warren was dead. He did that with the autopsy report. Second, he said he had to prove that Darius Poweli caused the death, and he had a signed confession and a video tape of Powell bragging to Dorothy Carter that he had shot a man and that man was Ratidy Warren. The third thing Griggers said he had to show the jury was that Powell had shot the man intentionally. The DA described the three bullet wounds through the victim's head and emphasized that after Warren was down on the floor, two more shots were fired into his head. That, to Griggers, shqFe d intent to kill him. Refuting the statement that Powell had testified earlier that he wasn't there, Griggers pointed out that he said he had heard five shots. There were five empty shell casings recovered at the scene. ''That proves that he was there!" The shooting began during a fight between Jeffrey Williams and Randy Warren, according to Powell's signed con- fession. Griggers repeated what Powell had told Tommie Reese, Demopolis Police Chief, "I picked up the gun, cocked i pointed itand fn'ed." He went into detail about how Dorothy Cmer had provided Powell with oral sex and normal sex and afterward, he told he about the killing. This information came from a video played for the jury. It was produced by Demopolis Detective Zach Fluker in the Windwood Motel. Powell was not aware of this, and when he was testifying earlier in the day, he said he was just "puffing up" so Dorothy would think he was "hard." Powell said that was his reason as he was trying to impress Carter so he could get her naked and in the bed. Griggers explained to the mostly black jury that this was after that had finished having sex, so the defendant was lying. He told the two men and 10 women that the defense attorney will tell them that Dorothy Carter was lying. He also said Darius Powell will tell them that Tommie Reese tricked him into signing the confession. Griggers said the defendant will say he didn't read the state- ment he signed, he just signed it. He pointed out that Denise White who had testified that Darius was with her the whole time and she had not been told by anybody how to testify had already told police a differem story. "He tried to look hard." Find him guilty of intentional murder, he concluded. Then Defense Attorney Tommie Pettuway of Selma contradicted Griggers about the gun. "It was the wrong kind of gunl You cock revolvers, not automatic 9 millimeter pistols. "If you find there is any reasonable doubt, you must fred Darius not guilty." Pettaway then delved into his own per- sonal history about cases tried even to the point that he had been before the U. S. Supreme Court. He said the first shot was he&,'d at 11:59 p. m. and the dance at the Civic Center was not over. He then produced a telephone bill which showed that the number to Randy Warren's trailed had been call at 11:15 p. m. That meant he was alive. "The police should be looking for file real killer." He then went into Darius' sporting life. He was playing basketball at John Essex High School but he had three Fs on his report card. "Coaches should not have let him been playing basketb/dl." He then told the jury that Dorothy Carter should be charged with statutory rape for having sex with Darius when he was 15. Pettaway said he was not faulting the police officers; they will arrest the real killer when they get better evidence. He also said the DNA collected at the scene excluded Darius Powell. What was collected on empty beer bottles, old butts of marijuana cigarettes, and finger prints that none belonged to Darius. He recounted the time of 11:59 for the first shot and 12:00 for the second. "Darius was wking a'girl hom's6 lae couldn't' have been there." He also rambled on that no cocaine was found at thescene. "We need to force Chief Reese to find the right person. Scientific evidence shows Darius was not there." The case deserves further investigation; I think the chief was wrong. Griggers rebutted, "Don't believe the chief is corrupt!" Then he got loud, "You heard Zach say that we know we got the right man." He recalled how Darius told Dorothy that the gun sl/bt was the loudest he had ever heard• "Darius Powell executed Randy Warren." Diane White, who said she was with Darius all night at the dance had been hav- ing sex with him since she was 13, charged Griggers. He is not crazy, just cold, hard. He shot Randy. convict him of murder. At 2:20 p. m. the jury left the courtroom to deliberate and returned about 5:20 and told Judge Hardaway they were hopelessly deadlocked and would never reach a deci- sion. He declared a hung jury. "Rumors" at Old School will run four days in April "Rumors ' at the Old School Theater on South Main in Demopolis will have a four-day mn inApril. The Nell Simon comedy will be direct- ed by Laurie Willingham, a Canebrake Players main stay. Seasoned actors in the cast are Kirk Brooker, Jennifer Roeman, James Burden, Dana Freeman, Mike Baker, Johnny Johnston, and Sandra Booen. Kayley Cook has been a Canebrake Kid for several years. This is her first time appearing in a major role with the Canebrake Players. Donna Bishop first appeared in Ring of Fire in the •chorus. This will be her first major acting r01e with the Canebrake Players. Andy Rennet first appeared on slagc years ago under the direction ol Walter Brown McCord. He is returning 1, the players mad Laurie Willingham said she is excited to have these three on stage. The follow i%,, i:s the ca" st and character: Glenn Cooper .... James burdcn Cassie CoOper-- Kayley Cook Ernie Cusack --- Johnny Johnslon Co, okie Cusack --- Jennifcr Roeman Lenny Ganz--- KiN Brooker Claire Gmlz-- Donna bishop Ken Gorman -- Andy Renncr Chris Gonnan -- Dana Freeman Officer Welch -- Sandra Booen Officer Pudney -- Mike Baker Stage Manager and the voice of Myra -- Emily Willingham Linden mayor invites public to hunt eggs, se e bunny, have fun Mayor Mitzi Gates invites all to share Easter at the gazebo in downtown Linden, Saturday, April 7. Beginning at 10:00 a. m., events will include an Easter egg hunt, pictures with bunnies, arts, crafts, food vendors, music, and entertainment. The events conclude at 2:00 p. m. For information call city hall at 295-5051. This is Bruce Ward's number and he knows all the details. Linden asks stateto intervene in school's finances Tyrone ,,m cdairns death mrs,,ors, witch hunt, racism; wants what is owed him and he will go Linden Board of Education voted 4-1 to invite the State Department of Education to intervene in Linden City Schools. Superintendent of Education of the smallest school system in the state Tyrone Smith bellowed that this was a racist witch hunt. Smith was reported by the boiu'd to Mve refused to take a random drug test last year. The resolution calls for the intervention in the academic and financial aspects of the system. Board Member Bobby }lopper announced he was giverl the advice to invite the intervention after discussing the system with Susan Salter. Saltgr is the act- ing director of board development with the Alabama Association of School Boards. Smith said, "I have a financial sound letter from September 2011 proving we are $100,000 in the good. I urge you not to do this." He implied he would sue the board if it did what the association director recom- mended. "Let me get my legal representa- tion before you vote. I love where I am but I will not let Linden do this to me or my family." Hopper explained there were several reasons for the resolution. There is a con- cem with the morality among teachers and administrators. There are inquiries into ille- gal purchases with school money, and it's in the school's best interest. He said, "I think it's necessary in fair- ness to the city, superintendent, board members, and our citizens. We need to provide the best education for our chil- dren." Smith rose in volume again, "To be fair about this motion; before you vote, I ask that you let me have my attorney present. These are my4ights and I am speang my piece." Nobody had accused Smith of any wrong-doing; however, he insisted on hav- ing 'an attorney present before the board voted 9 n asking for state intervention. :Eunice Jones, board chair, spoke to Smith. Then she announced, "If we pass this resolution Without legal representation • for smith or ourselves, we will be held liable. We wi!l be breaking the law and there could be terrible ramifications." She did not say what law might be bro- ken. She did not give a'reason that Smith was being investigated or even suggest that. She had just talked with him and that's what she was saying after that con- versation. Smith, louder now, "This is a witch hunt, racism, and a personal vendetta against me. I am fired of this board violat- ing my rights." Smith did not specify what his rights are or how the were violated. Directing his charges to the board which had hired him, "The board judges me on "dos" and "don'ts" that they claim I have done, not the academics." The board had not specified any charges against Smith in a public meeting, only that he refused a random drug test. "I came here 15 months ago with my family to do the community a service." Smith's serf-esteem allowed him to con- tinue, "Since that time I have had my life threatened, people make my life miserable, and I have board members that want to criticize me. They shouldn't criticize me when they themselves haven't been trained, gone through board orientation, or been certified. For the sake of all involved, let me meet with the board, my attorney, and let me get paid what is owed and let me go as I came." Smith said that since he came superin- tendent, math and reading scores have gone up. High school dropout rates are down from four per cent to zero. The grad- uation rate is up from 94% to 97%. The school system is academically above 94%. He then made a fiscal boast, "I had 15 businesses offer substantial donations if I am still here." He next charged there are false and twisted claims regarding the football field fiasco, drag tests, and a child carrying a toy gun. He said they were all blamed on him. About the football field fiasco which was perpetrated by Principal Timothy Thurman, smith said, "I had nothing to do with the football field situation." He was ranting loudly, according to board members, that no one told him allead of time about the random drug tests. He was summoned, appeared, refused, and last week shouted at the board, "I wasn't trying to run from it. It was held on a day I was out of town on business that you knew about." He said as far as the child vith the toy gun, "I just did my job and followed proto- col." Board member Tamika Dial told the meeting she was called privately by Smith regarding fle board. She said snlith told her there are too many old people on the board and that they should all be replaced. Smith stormed that he refutes that. "I said tile board was dysfunctional." Eunice Jones told the board that tile financial officer had given a 9(1 day notice that she was resigning. The members voting forthe inten,ention were Tamika dial, William Cuny, Nellie sullivan, and Bobby Hopper. Eunice Jones voted against it. "It is against the law for the school to exist without a responsible party oversee- ing the financials," Said Hopper. h