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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