The Mountain Press ■ Sevier County’s Daily Newspaper ■ Vol. 26, No. 140 ■ May 20, 2010 ■ www.themountainpress.com ■ 50 Cents
Thursday
Bolze takes stand at hearing
INSIDE
Defense contesting portions of pre-sentencing investigation 5Waka waka waka Pacman says he’ll prove he’s a changed man for the Bengals Sports, Page A8
Four victims ask judge to grant no leniency
By DEREK HODGES Staff Writer
Bolze portrayed himself as a friendless Gatlinburg “outsider” who started his investment companies in part to help “build relationships.” Further, he KNOXVILLE — said the operations he ran out of his Though it appeared that Campbell Lead Road mansion started Wednesday’s hearing in as honest enterprises that only turned Dennis Bolze’s criminal into the Ponzi scheme he has admitcase might be only a brief ted to running when something went Bolze proceeding in place of an wrong in the operation. actual sentencing hear“I just wanted to be part of the ing, it turned out to be the closest thing to a trial Bolze will likely ever get — and See BOLZE, Page A4 included him taking the stand.
By DEREK HODGES Staff Writer
KNOXVILLE — Four victims of the $21 million Ponzi scheme Dennis Bolze ran out of his Gatlinburg home took the stand in District Court Wednesday, presenting emotional testimony recounting huge loses and demanding the maximum penalty for a man they say has made their lives “a waking nightmare,” as one woman put it. In his own testimony, Bolze recounted how he recruitSee VICTIMS, Page A4
Probe opened in death of woman
Helping their gardens grow 5Guess who’s expecting John Travolta, Kelly Preston confirm actress expecting third child
By JEFF FARRELL Staff writer
CELEBRITIES, Page A6
predicted to increase $75,000 and bus purchases to increase $1 million. Sources of funding include the 3 percent Hospitality Tax; the .25 cent sales tax; funds used for capital outlay and debt service, along with carryover capital funds from the previous year; insurance recovery from lightning damage; Energy Efficient Schools Grant; and general fund dollars used for debt service. With property tax, new construction or assessment changes brought in $237,000; with the 1.25 percent sales tax, no change was calculated from estimated collections. Any increase will be used to restore fund balances that have been used to maintain operations due to the recession.
SEVIERVILLE — Federal authorities have opened an investigation into the 2008 death of a Sevierville woman who local authorities say killed herself while they were outside waiting to serve an eviction notice that never came that day. Pamela Ross died Oct. 6, 2008, while her husband, J i m m i e Ross, was in General Sessions Court handling foreclosure J. Ross proceedings on their Lexington Place home. Sheriff’s deputies and Sevierville police had gone to the house while Jimmie Ross was still in court; Sheriff Ron Seals said at the time that they were sent there because an earlier search of the home showed Jimmie Ross owned several guns, and he had threatened the lives of court officials. Her family disputes that account and claims the police killed Pamela Ross. The couple’s children had filed a civil suit against the county and the city over Pamela Ross’s death in Sevier Count Circuit Court, but later withdrew the complaint. They later went to federal authorities, and a spokesperson for the Department of Justice’s Division of Civil Rights told The Mountain Press the agency is looking
See BUDGET, Page A5
See PROBE, Page A5
Local
Commissioner: ‘Best option’ David Wear explains reasons why he filed for Chapter 7 bankruptcy Page A2
Weather Curt Habraken/The Mountain Press
Today
Janis Shirley of the Sevier County Area Master Gardener Association helps shoppers with their plant purchases during a plant sale at the Fort Sanders Sevier County Senior Center on Wednesday. The group was helping the senior center Volunteers in the Garden group raise funds for projects such as their flower, herb, butterfly and vegetable gardens.
Partly cloudy High: 80°
Tonight Mostly cloudy Low: 58° DETAILS, Page A6
Obituaries Susie Maples, 61 Robert Hatcher, 62 James Ogle, 93 DETAILS, Page A4
Index Local & State . . . . A1-A6 Calendar . . . . . . . . . . A2 Opinion . . . . . . . . . . . . . A7 Sports . . . . . . . . . . . A8,A9 Money . . . . . . . . . . . . A5 Advice . . . . . . . . . . . A13 Comics . . . . . . . . . . . . A13 Classifieds . . . . . . A9-A12 Nation . . . . . . A3,A5,A14 World . . . . . . . . . . . . A14
Schools’ budget OK’d in workshop Finance Director King: Still a work in progress By ELLEN BROWN Staff Writer SEVIERVILLE — The Sevier County School Board of Education approved its $126 million budget during a Wednesday workshop — but Finance Director Karen King noted that amendments would still be made. “The numbers in this budget will change,” King said. “The state Legislature hasn’t finished what it’s going to do. We’re operating one day at a time.” “We’ll adjust accordingly,” Director of Schools Jack Parton said.
After deducting capital outlay costs of $12.8 million and debt service costs of $4.4 million, current school operations come to $108.9 million. This is a 5.3 percent increase from last year’s operating costs of $103.7 million. Expenditures include a longevity increase in salaries of $1.4 million; a state one-time bonus for certificated employees of $1 million; a local one-time bonus for non-certificated employees of $665,960; a benefit cost increase of $1.8 million (a 2.6 percent increase in teacher retirement contribution); a .38 percent increase in non-certificated retirement contribution; and a 2 percent health insurance increase. Also, even with all of the schools’ conservation measures, electric rates are expected to increase an estimated $212,000. Fuel costs are
Alleged attack bear yet to be euthanized
Corrections
Trail shut down for day to be cleaned up
The Mountain Press is committed to accuracy. Please report factual errors by calling 428-0748 Ext. 214.
By BOB MAYES Managing Editor
Photo courtesy Mark Shelton
National park wildlife official Rick Varner tranquilizes a bear believed to have bitten a visitor on the foot along the Laurel Falls Trail nearly two weeks ago.
NATIONAL PARK — The bear that allegedly bit a man on the foot along the Laurel Falls Trail in the Great Smoky Mountains National Park nearly two weeks ago has not yet been euthanized. Park spokeswoman Nancy Gray said Wednesday afternoon that park officials have been closely monitoring the popular hiking trail for several days to make sure the right bear is in custody before further action is taken. “Since we have been monitoring that trail, we have not come across another bear that has exhibited the same characteristics of that bear for not being afraid of humans and depending on them for food,” Gray said. See BEAR, Page A5
A2 ◆ Local
The Mountain Press ◆ Thursday, May 20, 2010
Commissioner Wear: ‘Bankruptcy just the best option’ PIGEON FORGE — City Commissioner David Wear credits a man who stands accused of stealing from a business Wear once ran with his brother for forcing him to file a Chapter 7 personal bankruptcy request late last year. Wear was granted the petition, which mainly absolved him from fulfilling obligations on several loans he signed for when he was a partner in Wear Development LLC. Wear says he had the best credit in the company, so he regularly signed for loans and on agreements with subcontractors. That only became a prob-
lem after one big project ran into financial trouble, the result of mishandling by a former associate the Wears have slapped with lawsuits alleging theft. “I trusted people I shouldn’t have, I guess,” Wear explains. “At the time we were working with Chip Miller — Charles Miller. He was taking a lot of money out of a project that had my name on it.” The company finished the $250,000 to $300,000 effort “to do right by the customer,” Wear says. But that left them considerably behind financially and forced them to offer future projects for a song just to get jobs that could help them repay the lost money. Unfortunately,
COMMUNITY CALENDAR Editor’s Note: The community calendar is printed as space permits. Items must be submitted at least five days in advance. Only noncommercial, public events held in Sevier County will be considered. To place an item phone 428-0748, ext. 214, or e-mail to editor@themountainpress.com. Items may be faxed to 453-4913.
THURSDAY, MAY 20
Community Band
Smoky Mountain Community Band and spring concert 6:30 p.m. at Sevierville Civic Center. Refreshments provided. Admission free.
Alzheimer’s Support
Alzheimer’s Support Group meets 3 p.m. Wellington Place. Sherry Woten, 774-2221.
friDAY, MAY 21
Submarine Veterans
Church Supper/ Auction
Smoky Mountain submarine veterans meet at 6 p.m., Islamorada Restaurant. www. SmokyMountainBase.com or 429-0465 or 692-3368.
St. Joseph The Carpenter Episcopal Church, Hardin Lane, spaghetti dinner and live auction 5-7 p.m. Adults $7, under 10 $4. 453-0943.
Scholarship Concert
Boyds Creek Cemetery
Annual Cristin Sutphin vocal music scholarship concert 7 p.m., Seymour High auditorium. $3 at door.
Radio Service
Sevier County Emergency Radio Service, 7:30 p.m., EOC office on Bruce Street. 314-0899. www. freewebs.com/aresradio.
Hot Meals
Smoky Mountain Area Rescue Ministries provides hot meals 5:15-6:30 p.m., First United Methodist Sevierville and Kodak United Methodist. 9335996.
Women’s Bible Study
TOPS
TOPS weight loss chapter meets at 6 p.m., Parkway Church of God in Sevierville. 755-9517 or 429-3150.
Library Movies
Waldens Creek Baptist Singing 7 p.m. at Waldens Creek Baptist Church.
Saturday, May 22 Roaring Fork Baptist
Women’s Bible study 11 a.m., Roaring Fork Baptist Church, Gatlinburg. 5221573.
Gatlinburg Farm Market
Gatlinburg Farmer’s Market grand opening 8-11:30 a.m., Alamo Steak House, Highway 321. Music, vendors, concessions and donated prizes. 659-0690.
Flag Football
Sevier County Right To Life youth flag football tournament 10 a.m. to 3 p.m. at Pigeon Forge High football field. Picnic lunch available. 654-7685 or 654-7681.
Rummage Sale
Wears Valley UMC rummage sale 8 a.m. to 3 p.m. 429-4412.
Recently released movies on wide screen, 6 p.m., Anna Porter Library, Gatlinburg. Free; bring popcorn and soft drinks. 436-5588.
Handgun Permit
AARP Driver Classes
Dupont Cemetery
AARP driver safety classes noon-4 p.m. Wednesday and Thursday, Senior Center. 922-5648.
APPL Summer Movie
Anna Porter Public Library to show “Sherlock Holmes” at 6 p.m. Bring own popcorn/drinks. 4365588.
ABWA
American Business Women’s Association meets at Holiday Inn Pigeon Forge. Networking at 6 p.m. with $13 dinner meeting to follow. Barry Mitchell, “The Entertaining Encourager,” speaker. RSVP to 9334048.
Handgun carry permit class 8:30 a.m., Dandridge Police Department. (865) 397-8862, ext. 26, or 3567423. Decoration for Dupont cemetery, funded by donations. Call 363-4718.
Pool Party
Free pool party with food at Bearacudas swim team sign-ups for ages 18 and under, 5-7 p.m., Gatlinburg Community Center. Fee $40 for summer. 414-6527 or 4364990.
Circuit-Yard Sale
Luretta, Murphy Chapel and Roberts United Methodist churches yard sale, 7:30 a.m. at Creswell Market building on Dolly Parton Parkway. 453-2292.
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Submitted Report SEVIERVILLE — Sevierville’s sixth annual Bloomin’ BBQ & Bluegrass festival, held last weekend in downtown Sevierville, gave 30,000 local and outof-town guests an opportunity to enjoy great food and world-class bluegrass music. Fifty-four cook teams attended the Bush’s Best Tennessee State Championship Barbecue Cook-Off held during the event, with cook team Learn2Q.com of Fultondale, Ala., claiming Grand Champion for the second year in a row. One of the vending cook teams, Carolina BBQ Company, Hildebrand, S.C., earned the Reserve Grand Champion award. The Mountain Soul Vocal Competition brought out singers for the competition. Five-hundred dollars, a Nashville recording session and a guitar autographed by Dolly went to the first place winner in the 13+ QUALITY EYEWEAR AT AMAZINGLY LOW PRICES!
category, Chelsea Chandler from Germantown, who sang “Bargain Store.” First place in the 12-and-under category went to Demi Downing from Adel, Ga., who sang “Eagle When She Flies.” “This year turned out to be the best attended Bloomin’ BBQ to date,” says Sevierville Chamber of Commerce Marketing Director Amanda Maples Marr. “We were thrilled about the number of people who traveled from out-of-state just to come to this event and hope to add more ancillary activities to stretch the overall event and create more opportunities for people to stay longer and enjoy the area.” Cook-Off Winners: Grand Champion, Learn2Que. com, Fultondale, Ala.; Reserve Grand Champion, Carolina BBQ Company, Hildebrand, S.C.; First Place Chicken, Wood-N-Pig Smokers, Knoxville; First Place Brisket, Bluechip BBQ, Louisville, Ky.; First Place Pork, Learn2Q.com,
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were Lonnie and Lisa Wilkerson, who have a lawsuit pending against Wear and are listed in the bankruptcy filing with claims up to $366,000, and Mountain National Bank, which has a total of $417,224 in mortgages outstanding to Wear. Wear says his choice to file for bankruptcy was difficult and it pained him to think of those he would leave holding bills. But it was obvious he couldn’t pay the debts and didn’t want to risk losing his family’s home because of the failed business. “I was ashamed to do it, but it was the best thing for my family,” he says. n dhodges@themountainpress.com
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people better than me during all this economic crisis.” Still, the move wasn’t something Wear made gladly. It meant he left a lot of folks holding bills that now will never be paid thanks to the dissolution of Wear Development and the court’s ruling that he can’t be made to pay the debts. That means losses for a number of local supply and contracting companies. Charles Blalock & Sons Construction is out $60,000, while 84 Lumber lost $66,000 through the ruling. Several companies claim bills in excess of $20,000, while Clinton-based Pipe Doctor will not be paid the $85,536 owed. The biggest losers, though,
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Decoration today through May 23, Boyds Creek Cemetery.
that also apparently started a tail spin for Wear Development that ended up in its dissolution recently. Though Wear says he left the company a couple years ago, his name was still on the loans and other financial documents for it. That meant banks and creditors continued to hound him for more than $1.4 million in obligations. With only about $1 million in assets, Wear says there was no way he could pay the bills. That prompted him to file a personal bankruptcy claim on Dec. 7 of this year. “It was mixed up in a lot of business stuff,” he says. “Bankruptcy was just the best option. Bankruptcy was filed by
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Local/Nation/State ◆ A3
Thursday, May 20, 2010 ◆ The Mountain Press
Board unlikely to hear Carter case before July By JEFF FARRELL Staff writer It will likely be at least July before the state Board of Medical Examiners will have an opportunity to rule on the reinstatement of Dr. Rodney Carter’s medical license. The board suspended Carter’s license last year after a Sevier County grand jury returned indictments against Carter for improper actions involving sev-
eral patients at his medical practice. A jury acquitted Carter earlier this month, and his defense attorney, Bryan Delius, said they would seek reinstatement of his medical license as soon as possible. State officials said the board’s decision might not be solely based on the outcome of the trial; the board can consider additional factors in deciding whether to reinstate the license. Carter had been scheduled to
take his case before an administrative law judge at one point, but the board later ruled that it would not reconsider his status until the criminal charges were resolved. He could also reach an agreement that could call for reinstatement of his license, possibly with additional stipulations included. Whatever the outcome, the Board of Medical Examiners would have to approve the decision regarding his license. The board met this week and is not
scheduled to meet again until July 20. It could consider the matter at a special meeting, but Delius said that was unlikely. “We were not able to get on that agenda,” Delius said. “I was hoping if we reached an agreement we could announce it at the meeting.” Delius said he has been in contact with the state’s attorney about a possible agreement, but that attorney may be planning to question prosecutors and witnesses about the case before
making any decision. If they take the case before an administrative law judge, the proceedings would likely take place in Sevier county. A spokeswoman for the Board of Medical Examiners said they decided early in the process it would be simpler for the proceedings to take place in the county rather than Nashville, because almost all of the involved parties still live in the area. n jfarrell@themountainpress.com
Specter’s loss seen as ‘bruise for White House’ WASHINGTON — With his loss in the Pennsylvania’s Democratic Senate primary, Sen. Arlen Specter became the latest high-profile candidate that a boost from President Obama couldn’t save. Specter, the Republican-turned Democrat, lost Tuesday to U.S. Rep. Joe Sestak. Sestak called his victory “a win for the people, over the establishment, over the status quo, even over Washington, D.C.” Observers called it a bruise for the White House. “Arlen Specter losing is a bit of an embarrassment for the president of the United States,” said John King, CNN’s chief national correspondent. Specter, a longtime Republican lawmaker, changed his party affiliation last year. He said that the Republican Party had moved “farther and farther to the right,” pushing him more in line with Democrats. Specter also cited the difficulty he faced in winning the Republican primary against former Rep. Pat Toomey as a factor. The switch helped Democrats briefly secure a filibuster-proof majority of 60 seats in the Senate. At the time of the party flip, Obama said to Specter, “You have my full support, and we’re thrilled to have you.” Obama visibly supported Specter’s election bid, appearing in television advertisements and recording a robocall for the five-term senator. But the president resisted heading north to Pennsylvania on a late rescue mission as he had done for other unsuccessful candidates this year. Obama made an eleventh-hour visit to Massachusetts in January, but it wasn’t enough to save Attorney General Martha Coakley. She lost the special election to fill the late Sen. Edward Kennedy’s seat to newcomer Scott Brown. Another trip a few months earlier to try to secure a win for New Jersey Gov. Jon Corzine failed, and Obama’s campaign appearances for Virginia gubernatorial candidate Creigh Deeds didn’t translate to a victory for the Democrat, who lost
last year to Republican Bob McDonnell. The anti-Washington message was also heard Tuesday in Kentucky, where voters knocked off the Republican establishment-picked candidate and instead elected Tea Party favorite Rand Paul in the state’s Republican Senate primary. “I think that Washington has been put on notice. And I also think that when you look at the midterm elections, though, it’s going to be about Barack Obama. It’s going to be about his policies. It’s going to be nationalized. And that should scare every single incumbent in Washington in a sense, because they’re going to be held accountable,” CNN senior political analyst Gloria Borger said. But Mark Halperin, senior political analyst for Time magazine, said the antiObama sentiment is exaggerated. Halperin noted that Tim Burns, the Republican candidate in the special election to fill the late Rep. John Murtha’s seat in Pennsylvania, barely mentioned Obama’s name on his campaign Web site. Burns lost the race for Pennsylvania’s 12th Congressional District to Democrat Mark Critz, a former Murtha staffer who vowed to continue his legacy. “You think back to 1994 when the Republicans had their great year picking up a lot of House seats. Bill Clinton was the issue in these swing districts,” Halperin said. “This is the ultimate swing district. It’s the only district in the country that John Kerry won [in 2004] and then John McCain won [in 2008]. And yet the Republican candidate there is not emphasizing, trying to link the Democrats with Barack Obama. To me that suggests the president’s position is not as weak as some of the commentary,” he said. With Democrats holding on to the House seat in Pennsylvania and Democratic Sen. Blanche Lincoln advancing to a runoff in Arkansas, Tuesday’s outcome sent a mixed message. The results reinforced the perception of anger across the country against Washington politics as usual, but also showed the public discontent may be aimed at both Democrats and Republicans.
Defense seeks venue change in five slayings FAYETTEVILLE (AP) — A man charged with murdering his estranged wife and four others in southern Tennessee returned to court briefly but a judge postponed a hearing on a defense request to pick jurors outside Lincoln County. Jacob Shaffer was in a Fayetteville courtroom Tuesday at a hearing previously delayed when flooding interfered with prisoners being transported from RiverbendMaximumSecurity Institution in Nashville. Shaffer’s estranged wife, Tracie, her teenage son, her
father, her brother and a teenage neighbor were slain in Lincoln County in July 2009. Shaffer is also the suspect in a Huntsville, Ala., beating death. WAAY television in Huntsville, Ala., reports the judge reset the hearing for July 6 at the request of defense attorneys. Shaffer’s trial is set for January 2011.
Associated Press
Sen. Arlen Specter, D-Pa., and his wife Joan Specter leave the election party after Specter gave his concession speech to supporters Tuesday in Philadelphia. Specter lost to Rep. Joe Sestak, D-Pa., for the Democratic Senate nomination.
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Cable News Network
A4 â—† Local
The Mountain Press â—† Thursday, May 20, 2010
obituaries
BOLZE
Carol (Susie) McCarter Chambers Maples Carol (Susie) McCarter Chambers Maples, 61 of Sevierville, died unexpectedly Sunday, May 16, 2010. She had been employed by the National Park Service and the Federal Highway Administration for more than 40 years and she was a member of First United Methodist Church in Sevierville. Survivors: husband Ben D. Maples; sons Eric Chambers and wife Sue of Boston, Mass., Brad Chambers and partner Barbara Blake of Sevierville; brother Jeffrey A. McCarter and wife Sandy; nephew Trenton McCarter; stepson Benjamin Arrington; stepdaughters Anna M. Hudson, Joni Acosta, Nancy E. Heasley, Alese M. Walker; several step-grandchildren, aunts, uncles and special friends; father-inlaw and mother-in-law Eugene and Cora Chambers. In lieu of flowers, donations may be sent to the Epilepsy Foundation of America, 8301 Professional Place, Landover, Maryland, 20785. Graveside service and interment was held Wednesday in Smoky Mountain Memory Gardens with the Rev. Bobby Ely officiating. The family received friends Tuesday at Atchley Funeral Home, Sevierville. n www.atchleyfuneralhome.com
Robert E. Hatcher
Robert E. Hatcher, 62 of Gatlinburg, died Monday, May 17, 2010. He was a member of Alta Loma Baptist Church in Nashville, Tenn., and was a retired jeweler and a pilot. Survivors: wife of 32 years, Glenda S. Hatcher; son, Robert Eli Hatcher III; two granddaughters; sisters-in-law, Reba Harris, Genia Shearer, Carola Whitlow; brother-in-law Eric Whitlow; fatherin-law and mother-in-law, Herbert and Virginia Whitlow; brother and sister-in-law, Donald Gene and Marcia Hatcher; half-brother, Kenneth Childers and wife Bessie; nephews, Timothy Hatcher and wife Emily and their children Evangeline, Auron and Kiana; other niece and nephew Ryan Curry and Tessa Curry; two great-nieces; one great-nephew; special cousins, Kathy Hall and husband Jeff, Jane Baker and husband Albert, Brenda Pierce and husband Tom, Joan Vermillion, Tabitha, Lee, Melissa, Jamie, Jeffrey and Andrew; special friends. In lieu of flowers, donations may be made to benefit the family. The family will receive friends 5-7 p.m. Thursday with memorial service to follow at 7 p.m. in the Chapel of Atchley Funeral Home, Sevierville. n www.atchleyfuneralhome.com
James Hansel Ogle James Hansel Ogle, 93 of Sevierville, died Tuesday, May 18, 2010, at Sevier County Health Care Center. Survivors: sons, James (Jim) Ogle and wife Rhonda, Bobby “Bozo� Ogle; daughters Joyce Ogle, Deborah Morton and husband Terry, Patty Griffin and husband Matthew, Connie Veals and husband Sam; four granddaughters; eight grandsons; sister, Dorothy Latham; several great-grandchildren. Funeral service 7 p.m. Thursday in the West chapel of Atchley Funeral Home with the Rev. Bill Helton and Chaplain John F. Leonard officiating. Interment 1 p.m. Friday in Mountain View Cemetery. The family will receive friends 5-7 p.m. Thursday at Atchley Funeral Home, Sevierville.
VICTIMS
3From Page A1
ed people in social situations and even at church to join in his scam, knowing their money wouldn’t be coming back to them but would pad his own pockets. Throughout, he remained stoic and showed no emotion, which irked the handful of his local victims who showed up for the proceeding. “I think it’s very obvious he doesn’t take responsibility,� Gatlinburg resident Carol Muszik told District Court Judge Thomas Varlan. Muszik, like all three of the others who offered victim impact statements Wednesday, was vehement in pointing out she lost a huge portion of her life’s savings through Bolze, not discretionary money as he claims. She said he told the disgraced investor she was handing him her retirement money and she believes he shouldn’t get the reduction in sentence he and his attorney are fighting for, not just as punishment
but to ensure he can’t make a single new victim. “This is not just a whitecollar crime. It kills from the inside out. It should be sentenced like a murder is,� said Muszik, who testified she’s heard of two Bolze victims who have died as a direct result, she was told, of their loses and the stress from those. “If Mr. Bolze spends even one day out of jail, he will con somebody else. He has sentenced us all to life by stealing all of our money. He has left many people with no hope to recover and I think his sentence should do the same to him.� Though the prosecutors have agreed to pursue a reduced sentencing level in exchange for Bolze’s guilty plea, Muszik said Bolze should be shown no mercy. The government has agreed to move from a Level 42 sentence, which carries a sentence of 360 months to life according to Muszik, to a Level 39, which would bring 324 to 405 months. Like Muszik, victim Ray Whaley worried that a free
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Gatlinburg culture,� he said. “I had lived there five years and nobody knew me. I wanted friendships. I found that if I talked about making money, maybe things like that, it intrigued people.� Though Bolze confirmed to prosecutor Trey Hamilton he still admits guilt in having run a fraud that scammed somewhere around 60 people out of a confirmed $21 million, much of his testimony seemed an effort to pass responsibility. He claimed he never recruited any of the huge number of foreign investors in his operation, crediting his Spanish partner with that work, and never solicited contributions from anyone west of Sevier County, pointing the finger at another investor for bringing folks from as far away as Hawaii in. Beyond that, he suggested the real fault for stories recounting the loss of entire lifetime savings and retirement accounts lay not with him but with the victims themselves. “I told them I was a daytrader. It was supposed to be discretionary money,� Bolze said. “Everybody I solicited presented themselves as successful, engaging, articulate. They had their wits about them.� That’s a crucial point to Bolze and his attorney, public defender Kim Tollison, because it’s one of the parts of the presentencing investigation they’re contesting. They’re hoping to have some of the findings in that document removed from the
court’s consideration when it comes time for Bolze to be sentenced on the thought that it would equal a lesser sentence. Among the findings of the investigation, which was a joint effort between several federal entities including the FBI and IRS, are that Bolze took advantage of vulnerable folks, used sophisticated means to perpetrate the fraud and that Bolze was never licensed by the Commodities Futures Trading Commission, the body that regulates stock trading. Tollison has taken issue with each of those and used Bolze’s testimony Wednesday to argue against each except the last, which he says he was informed of too late and was given more time to respond to. Bolze seemed clearly educated on what track his defense is on, claiming the victims knew what they were doing and insisting he told them all not to invest money they needed, instead saying they should only use money they could stand to lose. So intent was he on getting the point across that it at times caused tension between him and Hamilton, including one incident in which Hamilton demanded to know why Bolze had come back to the argument
Bolze will equal a new scam. “Dennis has no problem lying to or stealing from anybody,� Whaley said. “My goal here today is not that of vengeance but of protection. I firmly believe that if released, he will find new victims.� Whaley was perhaps hit even harder than some of Bolze’s other victims because he spent five years working for the schemer, building and adding onto his houses. He also gave Bolze his savings to invest, and was devastated to learn in mid-December 2008 that Bolze had fled town and left him out of work. “That was a really rotten Christmas,� said Whaley, who was among three local residents who filed an involuntary bankruptcy case for Bolze early last year. “I had all my savings with Dennis.� Former University of Tennessee and NFL football player Scott Galyon said he came into contact with Bolze through the Fellowship of Christian Athletes (FCA) as Bolze worked to spread his scam by recruiting new investors from among that group. The only victim to actually
offer sworn testimony — the others were recounting their experiences in hopes they’ll convince the court to impose a harsher sentence — Galyon said he was impressed when Bolze offered to give 34 percent of his 15 percent commission off investments from FCA supporters back to the group. That and a tour of Bolze’s home that included a stop in his office, where a bank of computer screens tracked stock market movements, convinced Galyon to invest $100,000 on Sept. 30, 2008, money he made playing professional ball. Though he wondered how Bolze continued to make money even in the down times, he said he was convinced by the information Bolze showed him. Galyon was recruited to Bolze’s operation by FCA board member Don Cason, who also took the stand Wednesday. Cason said he met Bolze at local school events and began developing a friendship with the outgoing investor. “His kids grew up with my kids,� Cason said. “The
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Bolze also claimed things got off track soon after that. “We started having problems — lost money. I could never get the lid back on the box after that, so to speak,� Bolze said. “When the economy fell apart, it was only a matter of time.� Bolze pinned responsibility for running the international portion of his fraud on Doby, claiming his now-deceased partner was really in charge of the program and he was only a “very reluctant� participant. He claimed Doby would have him write e-mails in language that would be familiar to Europeans describing new investment opportunities, though all were really ways to scam potential investors. Throughout his two hours on the stand, Bolze — who wore a gray-striped jumpsuit, and was shackled at the wrists and ankles to a heavy chain around his waist — showed no emotion and looked only at the attorney questioning him. Likewise, as his victims offered their statements he refused to look at them, instead staring in the other direction or down at the table in front of him. Though the second phase of the sentencing hearing was previously set for June 22, one of the principal investigators in the case will be unavailable then. The date for that proceeding wasn’t reset, though District Court Judge Thomas Varlan said it will likely be early August before anything else happens in the case.
first time I remember meeting Dennis Bolze was in the stands at a basketball game while our kids played on the court. I learned to trust Dennis. I had no reason for anything but to trust him. I gave him everything I had.� Like the others, Cason said he entrusted his retirement savings to Bolze, investing a total of $650,000. He has since sold his cars and even his home at a loss as he tried to stay afloat. He has returned to work and his wife has, too, a fact that made him emotional as he told it Wednesday. “My wife is now working at the front desk of a hotel making $7.50 an hour when she was supposed to be retired,� Cason said, his voice cracking. “Dennis Bolze knew my heart and he went after it. What he’s done to me is enough to put him away at the maximum. Who cares how many victims (he had)? Is one not
enough?� On top of it all, the trustee in the involuntarily bankruptcy suit on Bolze’s estate has now demanded Cason pay in everything he got from Bolze in dividend checks, which totaled $250,000. “We have to pay our obligations and he doesn’t have to pay his,� Cason said. “Dennis Bolze deserves the maximum penalty this court can give him for what he’s done to other victims because his goal is to get out as soon as he can and do it again.� In the end, Cason was among three victims Wednesday who said Bolze will face questions in a higher court one day, and Cason said he hopes Bolze has found the right answers by then. “He will have to answer to God almighty one day,� Cason said.
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“It was supposed to be discretionary money. “Everybody I solicited presented themselves as successful, engaging, articulate. They had their wits about them.�
when Hamilton had asked nothing related to it. Hamilton seemed to get the best of Bolze when he questioned the disgraced investor about $500,000 he took from the American Eagle Foundation under the auspices of intentions to invest and grow it. Most of that money was immediately wired to cover demands from another investor in California. Hamilton argued the non-profit doesn’t have much money “laying around,� as Bolze described it, and pointed out that cash came out of the operating budget. Bolze first conceded that point, though he later said the money was actually just sitting in a bank account to be used for whatever it was needed for. Bolze explained that he started dabbling in trading, something he had learned about as a young man, after “looking to get into a new career� following the sale of a Gatlinburg business he ran and eventually pleaded guilty to not paying sales tax from. He contended he had no intention of recruiting others to the operation, but rather was first approached by a man named Denys Doby at a conference in Orlando, Fla. Bolze testified he was at the event to present a program he developed that he presented as a virtually foolproof way of making money in the stock markets when Doby pulled him aside during a break. Doby asked Bolze if he could manage some investments for him and Bolze agreed. He testified that’s when he decided to start trading for other folks.
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Local/Nation ◆ A5
Thursday, May 20, 2010 ◆ The Mountain Press
Consumer inflation vanishes, boon for borrowers
stock exchange highlights 10,444.37 -66.58 -0.63%
u
Dow Jones
nasDaq
2,298.37
u
stocks of local interest
Name
Last
aflac inc alcoa inc alcatel lucent allstate corp altria group inc apple inc at&t inc Bank of america BB&t corp Boeing co Bristol-myers cracker Barrel chevron corp cisco systems inc coca-cola co coneDison inc Duke energy corp eastman chemical exxon moBil corp first horizon forD motor co forwarD air corp gaylorD enter general electric home Depot inc iBm intel corp
44.34 11.78 2.52 31.38 21.31 248.34 25.57 16.31 32.29 66.21 23.71 50.34 76.60 24.26 53.12 43.82 16.49 61.31 62.45 13.07 11.55 28.57 26.13 17.26 34.38 128.86 21.60
Chg
%Chg
-0.67 -1.49% -0.04 -0.34% 0.02 0.80% unch 0.00% -0.06 -0.28% -4.02 -1.59% -0.02 -0.08% 0.36 2.26% -0.25 -0.77% -1.51 -2.24% 0.16 0.68% -0.09 -0.18% -0.25 -0.32% -0.10 -0.42% 0.02 0.04% -0.53 -1.20% -0.21 -1.26% -1.19 -1.90% -0.34 -0.54% -0.28 -2.10% 0.01 0.04% -0.09 -0.31% -0.77 -2.86% 0.03 0.17% -0.35 -1.01% -1.09 -0.84% 0.17 0.79%
-18.99
-0.82%
Name
Last
Chg
%Chg
Jc penney co inc Jpmorgan chase kellogg co kraft fooDs inc kroger co mcDonalD’s corp micron technology microsoft corp motorola inc oracle corp philip morris pfizer inc procter & gamBle regions financial sears holDings sirius xm raDio inc spectra energy speeDway mtrspts sprint nextel corp sunoco inc suntrust Banks tanger outlet time warner inc tractor supply co trw automotive wal-mart stores yahoo! inc
26.51 39.38 55.17 30.29 22.48 69.40 8.96 28.24 6.81 23.19 46.26 15.82 63.22 7.82 99.56 1.05 21.11 15.02 4.58 29.26 27.54 40.28 30.76 67.06 29.29 53.04 15.79
-0.14 0.36 -0.29 0.26 0.09 -0.62 -0.12 -0.36 0.03 -0.24 0.70 0.01 0.01 -0.10 -2.45 -0.04 -0.42 -0.39 -0.12 -0.62 -0.49 -0.65 0.14 0.30 -1.53 -0.67 -0.24
-0.53% 0.92% -0.52% 0.87% 0.40% -0.89% -1.27% -1.25% 0.44% -1.02% 1.54% 0.06% 0.02% -1.26% -2.40% -3.67% -1.95% -2.53% -2.45% -2.07% -1.75% -1.59% 0.47% 0.45% -4.96% -1.24% -1.50%
Octomom puts pet birth control sign on her door LA HABRA, Calif. (AP) — It’s official. Octomom Nadya Suleman doesn’t want your dog or cat following in her footsteps. As a front yard full of paparazzi cheered her on, Suleman unveiled a 3-foot-by-4-foot plastic sign Wednesday that reads: “Don’t Let Your Dog or Cat Become an Octomom. Always Spay or Neuter.” “Turn left. Pose. Smile, Nadya,” photographers jockeying for position shouted as Suleman stood in front of the sign. A few curious onlookers stopped to watch as a People for the Ethical Treatment of Animals mascot (a person in a dog suit) gave her a hug. PETA is paying Suleman $5,000 to keep the sign on her front door until June 9, the deadline when city officials say it must be removed. The organization is also throwing in a month’s supply of veggie hot dogs and burgers for her and her 14 children. Suleman, 34, acknowledged she put the sign on her door partly for the money but added her support of PETA is sincere. “I love animals and I do believe they should be spayed or neutered,” she said. “Humans of course are much different.”
BUDGET
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With the .25 percent sales tax, an increase of $500,000 is estimated, due to a full 12 month of collections (only 10 months were received during the 20092010 budget year due to collections beginning in July and receipts beginning in September).
BEAR
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Laurel Falls Trail was closed to the public by the park on Wednesday as officials cleaned up trash. There has been an outpouring of support for the bear in question to not be euthanized. Park guidelines, however, mandate such action because once a bear has become “foodconditioned” it cannot be turned back into the wild to fend for itself. The bear’s life being spared by being taken in by an animal rescue center or a zoo also seems unlikely. Most rescue centers will take only bears that can be rehabilitated to be returned to the wild, and there seems to be a waiting line for bears to go to zoos. Zoos also do not want to take wild bears. Officials say the man who was attacked did not
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State revenue includes a one-time state bonus for certificated personnel of $1 million. Also included is $532,535 from the First To the Top transfer from the federal program. The Bird’s Eye View of the 2010-2011 Sevier County School System Budget will be presented at 5 p.m. June 1 at the schools’ Central Office. n ebrown@themountainpress.com
approach the bear, stepping back onto the trail after seeing it. It was reported that the bear had been seen being fed by hikers along the trail for at least two weeks. Gray did not indicate when a decision would be made to euthanize the bear. It reportedly weighed only 60 pounds when captured, but was determined to be older than 2 years old. A cub is considered a year or younger; a yearling is one to two years old. “Wildlife technicians have been monitoring the trail to make sure we are certain we have the right bear,” she said. n bmayes@themountainpress.com
WASHINGTON (AP) — Inflation has essentially disappeared, and that gives the Federal Reserve more room to keep interest rates at record lows. Consumer prices fell in April for the first time in more than a year. The figures released Wednesday were welcome news for people who qualify for loans and want to take on more debt. But low rates hurt savers, especially those on fixed incomes. The Fed now appears more likely to keep rates at record-low levels well into next year, economists say. Some had
PROBE
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into the incident. “We have an open and ongoing investigation into this matter,” said Alejandro Miyar. “We have no further comment.” A letter provided by Ross family members says FBI has also looked into the case. “As part of our review, we learned that your constituents had previously contacted federal authorities and that the Federal Bureau of Investigation obtained additional information about the incident,” Assistant U.S. Attorney General Thomas Perez wrote. “We have asked the FBI to provide that information to our office for our review. You can be assured that if the evidence shows there was a prosecutable violation of federal criminal civil rights statutes, appropriate action will be taken.” The division did not comment further. The letter is addressed to Sen. Bob Corker. A spokesperson for his office confirmed they had forward the letter to the Ross family, but said the extent of Corker’s involvement was to act as a go-between for the family and the Justice Department. A spokesperson for the local office of the FBI said they could not confirm or deny they were involved in an investigation; that is the standard response of the office when asked about an case. “The Ross family alleges there is a conspiracy involving all parties of the judicial system in Sevier County including the judge, the District Attorney, Medical Examiner, Sheriff and Chief of Police, and that the cops actually shot and killed Mrs. Ross,” according to a written statement the family sent to The Mountain Press.
thought it would start increasing rates at the end of this year. Paul Ashworth, senior U.S. economist at Capital Economics, said he thinks the Fed won’t start raising rates until late next year — and possibly not until 2012. Declining gas prices pulled overall prices down 0.1 percent last month. Gas prices are predicted to sink lower still this summer. Core inflation, which excludes volatile food and energy prices, was flat in April. Over the past 12 months, it has risen just
At the time of the incident, Sheriff Seals said deputies told him Pamela Ross had come outside and spoken to them, saying she wanted to be with her husband in court, but she then went inside and officers heard a gunshot. They entered the home and found her body in the garage. Jimmie Ross does not believe his wife committed suicide, claiming, among other things, that she was ill and too weak have pulled back the slide on the semiautomatic gun authorities said she used. Ross has since filed a civil complaint in federal court against the county; that suit, however, does not cite his wife’s death. Seals said he was aware the FBI had looked at the files, and said he welcomes an investigation. “Anybody’s welcome to come and look into it,” he said. Sevierville police declined to comment for this story. A report by a Sevierville police officer filed at the time of the incident states that he was sent to the Ross home to assist the sheriff’s office. Three deputies were present when he arrived, Sgt. Eric Ramsey wrote, and as he got out of his cruiser, Sgt. J.J. Breeden called out that they had heard shots fired. When they entered the home, they found Pamela Ross on the floor of a garage with a gunshot wound to the chest, and a Glock handgun on the ground beside her. They did not find anyone else in the home, Ramsey wrote. One of the family’s complaints has been that the Sevier County District Attorney’s office did not give them access to documents. District Attorney General Jimmy Dunn said he had cooperated as much as possible. The Ross family has also complained that the office
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0.9 percent — the smallest increase in 44 years. The weakness of the economy has kept inflation so low that some economists are beginning to worry about the possibility of deflation — a destabilizing period of falling prices and wages. Normally, if interest rates are kept too low for too long, it raises fears of inflation. But not now, with inflation having disappeared. Those low rates could provide some protection to the U.S. economy if the European debt crisis were to spread globally.
didn’t order an autopsy on Ross. Dunn said that decision was made by law enforcement; however, he said he reviewed their records of the incident and his office was satisfied that Pamela Ross died as a result of a self-inflicted gunshot wound. The family has obtained what it says is a transcript of law enforcement radio conversations about the incident. That includes a statement that Jimmie Ross had “already exhausted all his appeals and everything and uh, what they’re gonna do is stop him from going back in the house ... Cause he’s got numerous firearms in the house and ... They’re just gonna take him into custody when he shows back up.” It also includes a statement that officers were going to take Pamela Ross to court, “They’re picking her up and bringing her there when the judge announces it.” Officials have said Judge Jeff Rader was expected to end the proceedings with Ross that day, but gave him another extension to file a final appeal. Ross moved from the home a few weeks later. At the time of the incident in October 2008, Seals said his department was concerned about the Ross case because they were aware that Jimmie Ross had guns in his home and that he had made threats against court officials. Ross denied making any
threats against the safety of court officials. He had filed suits against several parties, including Chancellor Telford Forgety, who were involved in legal proceedings against him involving debts. The police transcript includes a statement from one officer that Jimmie Ross is a “separatist,” something Ross and his family have denied. Several sources told The Mountain Press at the time of Pamela Ross’ death that their home had a sign on the front door saying it was not part of the United States and was not subject to its laws. Ross denied that, but said he had an apostille (an explanatory note about other writings) from the Tennessee Secretary of State on his door that stated no government agency had the right to enter his home. He had on several occasions filed federal complaints against the IRS claiming it does not follow the federal tax code in collecting income tax. n jfarrell@themountainpress.com
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The Mountain Press ◆ Thursday, May 20, 2010
sunrise in the smokies
TODAY’S Briefing Local n
PIGEON FORGE
Titanic to host United Way event
An evening aboard the Titanic as a fundraiser for United Way of Sevier County is scheduled for today beginning at 6 p.m. Guests will experience a progressive wine and cheese tasting tour. Tickets are $50 per person and can be purchased from a United Way representative, online at www. uwosc.org, by calling 453-4261. They also can be bought at the event, if available. All proceeds will benefit United Way of Sevier County and its community partners. n
GATLINBURG
Farmers market to open Saturday
The Gatlinburg Farmers Market will open Saturday from 8-11 a.m. in the parking lot of Alamo Steakhouse on Highway 321. There will be vendors and live music performed by Boogertown Gap. For additional information visit www.gatlinburgfarmersmarket.com or call 659-0690. n
SEVIERVILLE
Aquatic Center season to start
The Sevierville Family Aquatic Center will begin regular operations May 29 for the summer. Operating hours: 11 a.m. to 6 p.m. weekdays, 10 a.m. to 6 p.m. Saturdays, 1-6 p.m. Sundays. The pool will close at 3:30 p.m. on June 10, 11, 15 and 22, and July 20, and at 5 p.m. July 27 and 28 due to swim meets. Fees are $3 for adult, $2.50 for child/senior, and $1.25 for spectators. For more information, call 4535441. n
The Smoky Mountain Community Band is holding a spring concert at 6:30 p.m. today at the Sevierville Civic Center. Refreshments will be provided and admission is free. SEVIER COUNTY
SMARM offers Thursday meals
Smoky Mountain Area Rescue Ministries will provide hot meals Thursdays at two locations. Meals will be offered from 5:15 to 6:30 p.m. at First United Methodist Church in Sevierville and at Kodak United Methodist Church in Kodak. For more information, call 933-5996. n
Lottery Numbers
Probe of floodwater release urged NASHVILLE (AP) — Tennessee state lawmakers want their congressional counterparts to investigate the U.S. Army Corps of Engineers’ release of water during historic flooding in Middle Tennessee earlier this month. The resolution sponsored by House Democratic Caucus Chairman Mike Turner of Nashville was unanimously approved on a voice vote by the House Finance Committee on Wednesday and will now
be scheduled for a House floor vote. The measure urges the Tennessee congressional delegation to investigate the Corps’ water releases and maintenence of dams and levees serving Tennessee and Kentucky. Dams all around Middle Tennessee took on large amounts of water during the record rainfall the weekend of May 1-2. Nashville received a total of 13.5 inches over two days, causing lakes and rivers to swell with
TODAY’S FORECAST
LOCAL:
PITTMAN CENTER
BOMA meeting set for today
The Pittman Center Board of Mayor and Aldermen will meet at 7 p.m. today at Town Hall. The panel will consider an ordinance to establish the tax levy for the fiscal year beginning July 1.
Today's Forecast
Partly cloudy
disaster, as opposed to a natural disaster.” Carol Labashosky, spokeswoman for the U.S. Army Corps of Engineers in Louisville, Ky., said she’s not familiar with the investigation, but that “the Corps is open and transparent about our water management practices.” Turner said he wants other members of the state congressional delegation to join U.S. Rep. Jim Cooper, D-Nashville, who has also called for an investigation.
City/Region High | Low temps
Forecast for Thursday, May 20 Chicago 70° | 54°
Washington 77° | 56°
High: 80° Low: 58° Memphis 83° | 63°
Wind light, variable
Raleigh 79° | 56°
Chance of rain 20%
Atlanta 83° | 56°
Showers
High: 78° Low: 62° ■ Saturday
New Orleans 88° | 72°
Mostly cloudy
High: 82° Low: 62°
Miami 88° | 74°
■ Lake Stages: Douglas 993.6 Unch
Nashville Planning Department head Rick Bernhardt says the city is estimated to have suffered more than $1.9 billion in damage to privately owned buildings from the flooding earlier this month. Bernhardt said during a news conference on Wednesday that more than 11,000 structures suffered damage.
Primary Pollutant: Particles
Showers Rain T-storms Flurries Snow
Ice
Cautionary Health Message: None
Sunny Pt. Cloudy Cloudy Weather Underground • AP
WORLD quote roundup “I have a message, a message from the tea party, a message that is loud and clear and does not mince words: We have come to take our government back.” — Political novice Rand Paul, who rode support from tea party activists to a rout in Republican primary for U.S. Senate in Kentucky
“This is not just an issue of the drug trade. This is an issue of how is it affecting people’s day-to-day lives in Mexico.” — President Barack Obama on Arizona controversial new immigration law
“This went on and on. I’m not going to point fingers at BP, the private industry, when it’s government’s responsibility to set the standards.” — U.S. Rep. John Mica, R-Fla., as the Gulf oil spill heads toward Florida and possibly Cuba
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This day in history Today is Thursday, May 20, the 140th day of 2010. There are 225 days left in the year. n
Locally a year ago:
At a time when local businesses are doing everything they can to keep attracting visitors, rumors from Nashville have the state cutting its marketing budget for tourism by 80 percent. Ads about Sevierville are included with regionally or nationally broadcast commercials paid for by the state. Today’s highlight:
On May 20, 1961, a white mob attacked a busload of Freedom Riders in Montgomery, Ala., prompting the federal government to send in U.S. marshals to restore order. On this date:
Ten years ago:
The five nuclear powers on the U.N. Security Council agreed to eventually eliminate their nuclear arsenals, as part of a new disarmament agenda approved by 187 countries. n
Five years ago:
The U.S. military condemned the publication of photographs showing an imprisoned Saddam Hussein naked except for his white underwear, and ordered an investigation of how the pictures were leaked to a British tabloid. n
Thought for today:
“One person with a belief is equal to a force of 99 who have only interests.” — John Stuart Mill, English philosopher (1806-1873).
Celebrities in the news
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15 10
In 1927, Charles Lindbergh took off from Roosevelt Field in Long Island, N.Y., aboard the Spirit of St. Louis on his historic solo flight to France. In 1969, U.S. and South Vietnamese forces captured Ap Bia Mountain, referred to as “Hamburger Hill” by the Americans, following one of the bloodiest battles of the Vietnam War.
NASHVILLE
Damage estimates more than $1.9B
Midday: 0-7-8 Evening: 5-1-4
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Mountains: Good Valley: Good
Wednesday, May 19, 2010
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runoff. Turner said he’s talked with counterparts in Kentucky who said the Corps “had to release water on us that they wouldn’t normally have had to release” due to maintenance problems with some of the dams in Kentucky. “If they did release that water on us because of their failure to maintain their dams, I think they owe us more compensation down here,” he said. “So part of the damage here could be a manmade
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John Travolta, Kelly Preston n
NEW YORK — The new cover of Star reports that John Travolta and 47-yearold Kelly Preston are expecting a child. Now, the family confirms the news on Travolta’s official Web site. “It’s impossible to keep a secret ... especially one as wonderful as this. We want to be the first to share this great news with everyone that we are expecting a new addition to our family. Love, John, Kelly and Ella” If Preston is indeed three months pregnant as the source says, she would likely be due in November.
Mountain Views
“Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peacably to assemble and to petition the government for a redress of grievances.” —United States Constitution, Amendment One
■ The Mountain Press ■ Page A7 ■ Thursday, May 20, 2010
commentary
Government confiscating your property In America, we’re supposed to be innocent until proven guilty. Life, liberty and property can’t be taken from you unless you’re convicted of a crime. Your life and liberty may still be safe, but have you ever gone to a government surplus auction? Consumer reporters like me tell people, correctly, that they are great places to find bargains. People can buy bikes for $10, cars for $500. But where did the government get that stuff? Some is abandoned property. But some I would just call loot. The cops grabbed it. Zaher El-Ali has repaired and sold cars in Houston for 30 years. One day, he sold a truck to a man on credit. Ali was holding the title to the car until he was paid, but before he got his money the buyer was arrested for drunk driving. The cops then seized Ali’s truck and kept it, planning to sell it. Ali can’t believe it. “I own that truck. That truck done nothing.” The police say they can keep it under forfeiture law because the person driving the car that day broke the law. It doesn’t matter that the driver wasn’t the owner. It’s as if the truck committed the crime. “I have never seen a truck drive,” Ali said. I don’t think it’s the fault of the truck. And they know better.” Something has gone wrong when the police can seize the property of innocent people. “Under this bizarre legal fiction called civil forfeiture, the government can take your property, including your home, your car, your cash, regardless of whether or not you are convicted of a crime. It’s led to horrible abuses,” says Scott Bullock of the Institute for Justice, the libertarian law firm. Bullock suggests the authorities are not just disinterested enforcers of the law. “One of the main reasons they do this and why they love civil forfeiture is because in Texas and over 40 states and at the federal level, police and prosecutors get to keep all or most of the property that they seize for their own use,” he said. “So they can use it to improve their offices, buy better equipment.” Obviously, that creates a big temptation to take stuff . This is serious, folks. The police can seize your property if they think it was used in a crime. If you want it back, you must prove it was not used criminally. The burden of proof is on you. This reverses a centuries-old safeguard in Anglo-American law against arbitrary government power. The feds do this, too. In 1986, the Justice Department made $94 million on forfeitures. Today, its forfeiture fund has more than a billion in it. Radley Balko of Reason magazine keeps an eye on government property grabs: “There are lots of crazy stories about what they do with this money. There’s a district attorney’s office in Texas that used forfeiture money to buy an office margarita machine. Another district attorney in Texas used forfeiture money to take a junket to Hawaii for a conference.” When the DA was confronted about that, his response was, “A judge signed off on it, so it’s OK.” But it turned out the judge had gone with him on the junket. Balko has reported on a case in which police confiscated cash from a man when they found it in his car. “The state’s argument was that maybe he didn’t get it from selling drugs, but he might use that money to buy drugs at some point in the future. Therefore, we’re still allowed to take it from him,” Balko said. Sounds like that Tom Cruise movie “Minority Report,” where the police predict future crimes and arrest the “perpetrator.” “When you give people the wrong incentives, people respond accordingly. And so it shouldn’t be surprising that they’re stretching the definition of law enforcement,” Balko said. “But the fundamental point is that you should not have people out there enforcing the laws benefiting directly from them.” Balko is exactly right. — John Stossel hosts a show on the Fox Business Channel and is the author of “Myth, Lies, and Downright Stupidity: Get Out the Shovel — Why Everything You Know is Wrong.” (C)2009 JFS Productions Inc.
Editorial
Dolly does it again Her support for flood victims shows Parton’s true giving spirit When it comes to supporting her community and state, no one takes a back seat to Dolly Parton. She has used her considerable resources to establish the Imagination Library that provides free books to all newborns in the state, and her backing of LeConte Medical Center showed in her concert at Smokies Park and her financial gift to the project. Now she has done it again. Parton is donating the net admission proceeds this weekend at Dollywood and Dixie Stampede to Dolly Helps Nashville, a charity to assist the Music City victims of the recent flooding. It
is a magnanimous gesture, especially considering the economic slump that has affected Dollywood and virtually all other attractions in our county. However, her giving spirit trumps any loss of personal income. Helping the people who lost everything in the flooding is more important to her. “We’re especially going to concentrate on those folks who lost their homes and personal possessions in this terrible flood,” she said. In addition to this gift, Parton is challenging other East Tennessee tourist attractions and businesses to do the same thing. And she is asking her fans
to come to Dollywood or donate to the flood victims through the Dollywood Foundation, through www.dollyparton. com. If you want to help the people of Nashville who were affected by the flooding, visit Dollywood or Dixie Stampede this weekend, or make a donation through Parton’s charity. The oil spill, would-be terrorist attack in New York City, politics and international crises have made many, including the national media, overlook the flooding story. Its impact is major. The need for help is enormous. Let’s help our fellow Tennesseans.
Political view
Public forum Commissioner Robinson trying to save Pigeon Forge money
Editor: I would like to respond to the article published May 12, entitled, “Pigeon Forge leaders wrestle with ways to shore up $2.7 million shortfall.” Wow. Once again Derek Hodges’ interpretation seems clouded. Having attended the five-hour budget workshop in Pigeon Forge on May 5, I wondered if Hodges and I were at the same meeting. My take on the workshop is significantly different. Hodges has reported on numerous occasions that Pigeon Forge must build an events center according to state law, backed by the opines of city attorney Jim Gass. This, of course, is not true. The Tourist Development Zone (TDZ) application to the state (originally sold to the voters as a way to fund schools) can be amended at any time. For them to suggest that state law requires local governments to borrow over $40 million to construct an events center is ludicrous. While the city council has been convinced by city management to jump off of this fiscal cliff, Commissioner Randal Robinson is trying to keep us away from the edge, suggesting we hold off on projects that are optional and do what is necessary for the city at this time. One of Robinson’s concerns was that there
was not one cent in the budget to construct the new wastewater plant that is required by the state as of 2003, despite the fact that there is $25 million allocated for its construction in the TDZ application. Instead, the city is moving forward with an over $40 million events center. Robinson also presented the idea to purchase a tract of land that is suitable for the wastewater plant instead of spending the million dollars allocated to a greenway walking path. There are two tracts of land available for the plant, and both have been approved by city engineers. One tract would cost around $1 million, and engineers deemed it more desirable for the wastewater plant. The other tract would cost around $20 million. The other commissioners favor the $20 million tract. Why? Robinson suggested that we purchase the less expensive tract and save $19 million. But, this did not make sense to Robinson’s fellow commissioners. Instead of re-evaluating the budget, the mayor’s plan is to raid the city’s coffers, suggesting that it is “raining outside.” Maybe the mayor should contact Nashville’s mayor and ask him what the rainy day fund is for. Other commissioners want to raise taxes. Commissioner McClure suggested a restaurant tax, as well as Commissioner Brackins, who stated, “If you can’t afford to eat out, stay
at home.” The restaurant tax, which would include fast food establishments, impacts locals. Once they exhaust those funds, which industry will be next? It seems government expansion and increasing taxes are themes shared by both the city council and President Obama. City management has given us a city with power windows, heated leather seats and debt, (parking lot to nowhere) but what is really needed are four tires and a steering wheel (wastewater plant). Tony Lee Rast Pigeon Forge
Mountain Press congratulated on winning newspaper awards
Editor: The Mountain Press certainly represented Sevier County well in the recent Tennessee Associated Press Managing Editors awards. I look forward to your and the editorial staff’s “Mountain View.” As you could understand, I do not always agree with your editorials, but there is no doubt they are well researched and representative of our diversity here in Sevier County. Congratulations. David K. McNabb Sevierville
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◆ Jana Thomasson, Publisher ◆ Stan Voit, Editor ◆ Bob Mayes, Managing Editor ◆ Gail Crutchfield, Community News Editor
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◆ U.S. Rep. Phil Roe
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◆ U.S. Rep. John J. Duncan Jr.
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Sports
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■ The Mountain Press ■ A8 ■ Thursday, May 20, 2010
NFL GRIDIRON
Redskin players ‘wonder who it is’ in drug case By JOSEPH WHITE AP Sports Writer ASHBURN, Va. — With the Washington Redskins caught up in a serious case involving banned substances and a Canadian doctor facing criminal charges, Phillip Daniels tried to break the tension with a bit of humor. “I’ve been telling everybody it’s me,” the veteran defensive end said. “Just joking around. But guys talk about it in the locker room, and they wonder who it is.” Illegal drugs and the possibility of a bad apple on the roster were prime topics as the Redskins gathered Wednesday for an offseason practice. Not everybody knew the
details about the charges levied Tuesday against Dr. Anthony Galea of Toronto, but most were aware of one key fact: According to an affidavit, Galea’s assistant said a professional football player from Washington called to request a session with Galea at a Washington-area hotel last September. “It’s just very unfortunate,” defensive end Andre Carter said. “The NFL in general, they’re trying to crack down on illegal substances. If there was a trace here, it might be a small distraction. As a team, we’d talk about it and discuss things. We’ve just got to move on. But we just hope everybody’s smart about what they’re tak-
SOUTHERN LEAGUE HARDBALL
ing.” Galea is accused of smuggling, unlawful distribution of human growth hormone and unlawfully treating professional athletes. On Wednesday, a Canadian court document revealed that Galea made multiple trips to New York City, Boston, Cleveland and other U.S. cities to meet with professional athletes. Coach Mike Shanahan was less eager to discuss the matter. He said he did not address the case with the team. Asked if he knew the identity of the Redskins player who was supposedly involved, the coach said: “I don’t know anything about it.” “A doctor comes to town and has supposedly
seen a player,” Shanahan said. “The NFL’s on top of all those things, and if there’s any validity to it, they will contact me and contact our organization, which they have not done.” While no one dared speculate publicly on who the player might be — given all the roster changes since September, it could be someone no longer with the team — the case did give players a chance to revisit the ongoing problem of banned substances in the NFL. Asked about an estimate that perhaps 20 percent of players are taking some sort of banned substance, Daniels said: “It’s probably more than that, really.”
“I’m pretty sure the temptation is there for all these guys to try something to get back faster and do the things they need to do,” Daniels said. “Your job’s on the line, but guys just got to be smart. When I was in high school, I did a report on steroids and I know what they can do to your body. ... I remember going to one of the gyms in my hometown when a guy first approached me talking about steroids. I said, ’Dude, naw, I don’t want to do that because I know the history of it. I know what it does to the body.’ “I know guys right now with hip problems because they used that stuff. I know a lot of guys my hometown, their
NFL GRIDIRON
NBA HOOPS
NBA lottery working — just not for worst teams
Stars rally past Smokies 11-3, take final 2 HUNTSVILLE, Ala. — Homestanding Huntsville stormed past the Tennessee Smokies on Wednesday afternoon as the Stars soared to an 11-3 win in the finale of a five-game series at Joe W. Davis Stadium. The Smokies still managed to take the series, however, after they coasted through the first three games with a big 8-2 win on Saturday and a twin billing sweep on Monday with 9-2 and 8-3 finals. Sunday’s game was rained out, forcing the double-header action on Monday. On Wednesday, Huntsville starter Alex Periard pitched seven innings, picking up his second win of the season. He allowed three runs on seven hits, also striking out a batter in the triumph. Tennessee drew first blood and took a 1-0 lead on the Stars in the top of the first inning after Matt Spencer hit an RBI double to right that scored Tony Thomas. The Stars teed off on Smokies starter Alberto Cabrera, however, in the bottom of the first. Huntsville rallied for five runs to take control of the game early at 5-1. Cabrera left the mound after retiring just two batters. The Smokies’ Russ Canzler hit his second home run of the series, a solo blast to left, cutting the Stars lead to 5-2. Another solo shot brought the Smokies a run closer in the third, as Wright’s solo homer made it 5-3. But the Stars got back on the board in the bottom of the fourth. Lorenzo Cain led off the inning with a homer off Smokies reliever Jeremy Papelbon to extend the lead to 6-3. Huntsville added one more run in the bottom of the frame, this time on a solo blast by Zealous Wheeler to make it a four-run game at 7-3. In the bottom of the sixth, another Huntsville solo home run made it an 8-4 game, as Brett Lawrie hit his second homer of the season. The Stars added two more runs in the frame to extend the lead to 10-3, and Lawrie kept up his strong performance in the bottom of the seventh with an RBI single to give the Stars the 11-3 lead that became the eventual final. Huntsville’s Donovan Hand shut down the Smokies in the eighth and ninth to preserve Periard’s victory. The Smokies will return home 7:15 p.m. tonight to begin a five-game series against the Jacksonville Suns. This is a rematch of the 2009 Southern League Championship series, which the Suns won in four games over the Smokies. Austin Bibens-Dirkx will start for Tennessee against Jacksonville’s Elih Villanueva for the series’ opening night at Smokies Park.
bodies are just breaking down, don’t even look the same no more.” Cornerback Carlos Rogers said he wasn’t surprised by the news. Neither was Carter. “Name a year where there hasn’t been a guy who’s been caught using steroids,” Carter said. “There’s always going to be somebody.” Daniels said he hopes he doesn’t find out who the culprit is. “I hope the details don’t come out,” Daniels said. “I don’t want to know. I don’t want to have to look at my partner and say ’You were doing that illegally all this time?’ I hope they just tear the papers up and just go to him privately and do it that way.”
By BRIAN MAHONEY AP Basketball Writer
Al Behrman/AP
Cincinnati Bengals cornerback Adam “Pacman” Jones, right, talks with head coach Marvin Lewis while stretching prior to football practice, Wednesday in Cincinnati.
Pacman says he’ll show he has changed By JOE KAY AP Sports Writer CINCINNATI — Adam “Pacman” Jones didn’t even try to put a positive spin on his year away from football. The cornerback who entered the NFL with such promise in 2005 spent all last season trying to get back into the game, looking for someone — anyone — who would give him another chance. For a while, it looked like that chance might not come. “It was miserable,” he said. Miserable enough to make him learn anything? The 26-year-old Jones said Wednesday that he has changed his lifestyle and reordered his priorities in the past year, the result of much soul-searching while he was outside the NFL. The Cincinnati Bengals gave him a two-year deal that represents what could be his final chance to prove it. During his first interview session in town Wednesday, Jones told reporters that he no longer hangs around with the same people who helped him get into trouble after he was Tennessee’s first-round pick in 2005. He recognized that a lot of things had to change. “Of course, you change as you grow,” Jones said. “Like I said, it ain’t overnight. I’m 26 years old now, so I can’t do the same things I was doing at 21, or I’m going to be dead or in jail. I know what my passion is, and my passion is football. I know what I’ve got to do to keep playing football, and that’s what I’m working on doing.” Jones signed last week, but chose to stick with a 58-second statement when he got to town for his first workout. He took questions after a voluntary practice Wednesday, answering all but one. He moved into a wooden
locker at one end of the footballshaped room, mixed in among defensive linemen. Receiver Chris Henry’s former locker was across the room — Jones faced in that direction while he took questions for 14 minutes. Henry and Jones were teammates at West Virginia and kept in touch. They became the NFL’s poster boys for misconduct, both getting arrested and suspended repeatedly. Commissioner Roger Goodell toughened the NFL’s conduct policy largely because of their misdeeds. The Bengals released Henry after his fifth arrest in 2008, leaving him out of football — just like Jones. Henry used it as a chance to make changes, and got a two-year deal with the Bengals as a final chance. He died in a fall from a truck last December during a dispute with his fiancee. During their tough times, Jones — six arrests, a dozen incidents involving police intervention — kept in touch with Henry. Jones got emotional when asked about Henry and declined to talk about what he learned from Henry’s life, the only subject he wouldn’t address. “Chris was a great friend of mine,” he said. “It would depend on what situation you’re talking about. Chris touched a part of me. I really don’t like to talk about it.” There’s enough to discuss in his own life. Jones was suspended for the entire 2007 season for his run of trouble. The Cowboys took a chance on him, but he got suspended for six games in 2008 after getting into an alcohol-related scuffle with a team-provided bodyguard. He didn’t have an interception that season, and the Cowboys got rid of him. No one else wanted him. “I did a lot of soul-searching,” Jones said. “That’s why I’m right here talking to you all. I did a
lot of soul-searching, I did a lot of corrections, everything. Right now, everything is pretty good — family-wise, spiritual, mentally. I’m at ease right now, I should say.” He’s still recovering from the year away from football. Jones said he’s rusty on the field, where he finds himself off by a little bit in coverages. It was evident during practice on Wednesday that his quickness hasn’t suffered. The Bengals have one of the NFL’s best cornerback tandems in Johnathan Joseph and Leon Hall. Jones will get a chance to get on the field on passing downs as an extra cornerback. Defensive coordinator Mike Zimmer is pleased with how Jones looks on the field. “There’s a long way to go,” Zimmer said. “He’s making progress. I’m more concerned that he’s listening, trying hard, that he’s doing things the way we want him to do it. He’s trying to understand the coverages and the techniques and how we want to play. To me, that is much more important than anything else right now. “So far, so good. No issues whatsoever with him. He sits in the front row in the meeting, listens to me. He’s one of the guys right now.” Quarterback Carson Palmer befriended Henry during his troubles and has already spent time trying to get to know Jones. “I like him a lot,” Palmer said. “Playing here, you learn to give guys the benefit of a doubt, and there are guys here that have been through a lot of things. A lot of things have been said by people who don’t know that individual. “He is who he is and has tried to learn right away and compete. Everything else that has been in the past — I’m not going to let that make my mind up for me.”
NEW YORK — Here’s a little lottery math for you. With the NBA’s worst record, the New Jersey Nets actually had a better probability of picking fourth in the draft than first. The Minnesota Timberwolves will be No. 4, which is exactly where the odds said they should be, despite starting in the No. 2 spot in the lottery. Got that? “Somewhere there’s some mathematician from MIT and this all makes sense to him or her,” Timberwolves president David Kahn said. “It doesn’t make sense to me.” That’s the lottery: sometimes criticized, often confusing and apparently here to stay. The Washington Wizards won Tuesday’s event and the Nets ended up third, the sixth straight year the team that needed the most help didn’t get it. So it’s easy to say the system doesn’t work. Except the lottery wasn’t set up to help bad teams get better. It was created so teams couldn’t get the No. 1 pick just by losing on purpose to finish with the worst record. That’s why no matter what Nets fans were saying after their disappointment, the league can counter that no overhaul is necessary. “For us, it works well,” commissioner David Stern said before the lottery. The team with the worst record hasn’t won the lottery since 2004, when the Orlando Magic eventually selected Dwight Howard. The Nets shrugged off their loss, with new owner Mikhail Prokhorov noting Wednesday that Michael Jordan was a No. 3 pick. Not everyone can remain calm, however. Jerry West, then running the Memphis Grizzlies, was fuming after his team had the worst record but tumbled to fourth in the 2007 lottery, missing the chance to make the call on the Greg Oden-Kevin Durant debate. “I understand why the process was implemented, meaning I understand the need to police teams that at the end of the season aren’t trying,” Kahn said. “But having said that, I see the flip side, too.” The lottery has undergone several changes since it was first used in 1985. A weighted system was implemented in 1989, and it was further tweaked starting with the ’94 lottery to give the worst team an even better chance of winning, after the Magic vaulted to the top spot in ’93 despite barely missing the playoffs. The Nets had a 25 percent chance to finish first, yet 35.8 percent chance of landing at
Sports ◆ A9
Thursday, May 20, 2010 ◆ The Mountain Press
auto racing at a gl ance
NASCAR SPRINT CUP Sprint Showdown Site: Concord, N.C. Schedule: Friday, practice (Speed, noon-3 p.m.), qualifying (Speed, 5-7:30 p.m.); Saturday, Sprint Showdown, 7:30 p.m., All-Star Race, 9 p.m. (Speed, 7-11 p.m.). Track: Charlotte Motor Speedway (oval, 1.5 miles). Race distances: Sprint Showdown, 60 miles, 40 laps; All-Star Race, 150 miles, 100 laps in segments of 50, 20, 20 and 10, with only green-flag laps counting in the final segment. Last year: Tony Stewart won for the first time as a team owner, breaking through for a $1 million payday in the non-points race. Stewart passed Matt Kenseth with two laps to go in the final 10-lap shootout. Last week: Kyle Busch completed a NationwideSprint Cup sweep at Dover International Speedway, taking advantage of a rare speeding penalty by Jimmie Johnson to pull away. Jeff Burton was second. Fast facts: The top two in the Sprint Showdown and a driver selected in fan voting will complete the 21-car All-Star field. ... There will be a mandatory green-flag stop on lap 25, with teams required to change four tires. Between the first two segments, there will be a yellow-flag period allowing for fuel, tire changes and normal chassis adjustments. Between the third and final segments, there will be a 10-minute pit stop. In a format change, once the field takes a lap behind the pace car before the start of the final segment, all cars must enter pit road for a four-tire stop. The order exiting pit road will determine how they line up for the final 10-lap shootout. ... Jeff Gordon and Dale Earnhardt are the only three-time AllStar winners. Next race: Coca-Cola 600, May 30, Charlotte Motor Speedway, Concord, N.C. Online: http://www. nascar.com
2010 Driver Standings 1. Brad Keselowski, 1,766 2. Kyle Busch, 1,755 3. Kevin Harvick, 1,702 4. Carl Edwards, 1,546 5. Justin Allgaier, 1,521 6. Paul Menard, 1,404 7. Greg Biffle, 1,239 8. Joey Logano, 1,228 9. Jason Leffler, 1,204 10. Brian Scott, 1,181 11. Brendan Gaughan, 1,164 12. Tony Raines, 1,161 13. Steve Wallace, 1,144 14. Trevor Bayne, 1,123 15. Michael Annett, 1,095 16. Scott Lagasse Jr., 1,076 17. Kenny Wallace, 1,058 18. Mike Wallace, 1,006 19. Joe Nemechek, 955 20. Reed Sorenson, 953 ——— CAMPING WORLD TRUCKS North Carolina Education Lottery 200 Site: Concord, N.C. Schedule: Friday, practice (Speed, 9 a.m.noon), qualifying (Speed, 3:30-5 p.m.), race, 8 p.m. (Speed, 7:30-10:30 p.m.). Track: Charlotte Motor Speedway (oval, 1.5 miles). Race distance: 201 miles, 134 laps. Last year: Ron Hornaday Jr. raced to the first of his six 2009 victories en route to his record fourth season title. He held off Kyle Busch over the final laps. Last week: Aric Almirola won for the first time in the Trucks Series, surviving a wild finish at Dover International Speedway. James Buescher was second. Fast facts: Almirola leads the series standings, 27 points ahead of Todd Bodine. ... Hornaday, winless in six races this season for Kevin Harvick Inc., is fourth in the standings — 125 points behind Almirola. Hornaday also won the 2007 race at the track. ... Brazil’s Nelson Piquet Jr. is driving the No. 15 Toyota for Billy Ballew Motorsports. Busch swept the 2005-06 races for Ballew. ... Elliott Sadler is driving the No. 2 Chevrolet for the second straight week in place of Harvick, the winner this year at Atlanta and
SUBSTITUTE TRUSTEE’S SALE Sale at public auction will be on June 24, 2010 at 10:00 AM local time, at the front door, Sevier County Courthouse, Sevierville, Tennessee pursuant to Deed of Trust executed by Richard Greenhalgh and Jvonne Hubbard, husband and wife as joint tenants, to Wesley D. Turner, Trustee, on July 15, 2003 at Book Volume 1749, Page 623 modified in Volume 2499, Page 23; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Sevier County Register’s Office. Owner of Debt: Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2004-1 The following real estate located in Sevier County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: Described property located in the First (1st) Civil District of Sevier County, Tennessee, being known and designated as the following lot in English Mountain, to wit: Lot 2, Section 38, English Mountain, as shown on map of record in Plat Book B18, Page 57, in the Sevier County Register’s Office to which map specific reference is hereby made for a particular description. Street Address: 1512 Basswood Court Sevierville, TN 37876 Current Owner(s) of Property: 1512 Basswood Ct Land Trust (John Zwirzina as Trustee) Other interested parties: East Sevier County Utility District The street address of the above described property is believed to be 1512 Basswood Court, Sevierville, TN 37876, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control. SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION. SALE IS SUBJECT TO COUNTY LIEN OF RECORD IN BOOK 3489 PAGE 801, IN THE REGISTER�S OFFICE OF SEVIER COUNTY, TENNESSEE. All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder. This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time. This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Shapiro & Kirsch, LLP Substitute Trustee Law Office of Shapiro & Kirsch, LLP 6055 Primacy Parkway, Suite 410 Memphis, TN 38119 Phone 901-767-5566 Fax 901-767-8890 File No. 10-004329 May 20, 27 & June 3, 2010
Martinsville. ... Brad Keselowski will be in the No. 29 Dodge. Next race: WinStar World Casino 400k, June 4, Texas Motor Speedway, Fort Worth, Texas. Online: http://www. nascar.com ——— NATIONWIDE Next race: Tech-Net Auto Service 300, May 29, Charlotte Motor Speedway, Concord, N.C. Last week: Kyle Busch raced to his fourth Nationwide victory of the year, leading 191 of 205 laps at Dover International Speedway. Busch won the Sprint Cup race Sunday. Online: http://www. nascar.com ——— NHRA FULL THROTTLE NHRA Summer Nationals Site: Topeka, Kan. Schedule: Friday, qualifying; Saturday, qualifying (ESPN2, 8-10 p.m.); Sunday, final eliminations (ESPN2, 7-10 p.m.). Track: Heartland Park Topeka. Last year: Ron Capps beat Ashley Force Hood in the Funny Car final for the third of his five 2009 victories. Larry Dixon (Top Fuel) and Allen Johnson (Pro Stock) also won. Last week: Dixon raced to his 52nd career Top Fuel victory, beating Brandon Bernstein in the Southern Nationals final at Atlanta Dragway. Robert Hight won his second straight Funny Car event, Jeg Coughlin raced to his 50th Pro Stock victory, and Andrew Hines topped the Pro Stock Motorcycle field. Fast facts: John Force has three Funny Car victories this year to push his record total to 129. The 60-year-old star, trying to add to his record 14 season championships, leads the season standings — 115 points ahead of daughter Ashley Force Hood. ... In Top Fuel, Larry Dixon has a 112-point lead over Cory McClenathan. Dixon has four victories this year, two more than
McClenathan. Next race: Route 66 NHRA Nationals, June 3-6, Route 66 Raceway, Joliet, Ill. Online: http://www.nhra. com ——— INDYCAR Next race: Indianapolis 500, May 30, Indianapolis Motor Speedway, Indianapolis. Qualifying schedule: Saturday, pole qualifying (Versus, 11 a.m.-6:30 p.m.); Sunday, qualifying (Versus, noon-6:30 p.m.). Last race: Scott Dixon won for the second straight year at Kansas Speedway, leading the final 150 laps in the May 1 race. Dario Franchitti was second. Online: http://www.indycar.com ——— FORMULA ONE Next race: Turkish Grand Prix, May 30, Istanbul Speed Park, Istanbul. Last week: Mark Webber won the Monaco Grand Prix from the pole to lead Red Bull to a 1-2 finish. Webber and teammate Sebastian Vettel each have a series-high 78 points after six races, but Webber leads the standings based on his two race victories. Online: http://www.formula1.com ——— OTHER RACES ARCA RE/MAX SERIES: Menards 200, Sunday, Toledo Speedway, Toledo, Ohio. Online: http://www.arcaracing.com AMERICAN LE MANS: SERIES: American Le Mans Series Monterey, Saturday, Mazda Raceway Laguna Seca, Monterey, Calif. Online: http://www.americanlemans.com WORLD OF OUTLAWS: Sprint Car, Friday, Attica Raceway Park, Attica, Ohio, and Saturday, I-96 Speedway, Lake Odessa, Mich. Online: http://www.worldofoutlaws.com U.S. AUTO RACING CLUB: Silver Crown and Sprint Car, Saturday, Iowa Speedway, Newton, Iowa. Online: http://www. usacracing.com
S CORE B OAR D t v s p o rt s Today
CYCLING 5 p.m. VERSUS — Tour of California, stage 5, Visalia to Bakersfield, Calif. GOLF 10 a.m. TGC — European PGA Tour, BMW PGA Championship, first round, at Surrey, England 1 p.m. TGC — LPGA, Sybase Match Play Championship, first round matches, at Gladstone, N.J. 3 p.m. TGC — PGA Tour, Byron Nelson Championship, first round, at Irving, Texas 6:30 p.m. TGC — LPGA, Sybase Match Play Championship, first round matches, at Gladstone, N.J. (same-day tape) MAJOR LEAGUE BASEBALL 1 p.m. WGN — Chicago Cubs at Philadelphia NHL HOCKEY 7 p.m. VERSUS — Playoffs, conference finals, teams TBD SOCCER 8 p.m. ESPN2 — MLS, Columbus at New York
mlb h a r dball National League East Division
Philadelphia Florida Washington Atlanta New York
W L 24 14 21 19 20 20 19 20 19 21
Pct GB .632 — .525 4 .500 5 .487 5 1/2 .475 6
Cincinnati St. Louis Chicago Pittsburgh Milwaukee Houston
W L 23 16 23 17 18 22 17 22 15 24 13 26
Pct .590 .575 .450 .436 .385 .333
GB — 1/2 5 1/2 6 8 10
San Diego San Francisco Los Angeles Colorado Arizona
W L 23 16 22 16 22 17 19 20 16 24
Pct .590 .579 .564 .487 .400
GB — 1/2 1 4 7 1/2
Central Division
West Division
——— Monday’s Games Philadelphia 12, Pittsburgh 2 Arizona 5, Florida 1 Cincinnati 6, Milwaukee 3 N.Y. Mets 3, Atlanta 2 Chicago Cubs 4, Colorado 2, 11 innings St. Louis 6, Washington 2 San Diego 3, San Francisco 1 L.A. Dodgers 6, Houston 2 Tuesday’s Games Cincinnati 5, Milwaukee 4 Florida 8, Arizona 0 Pittsburgh 2, Philadelphia 1 Atlanta 3, N.Y. Mets 2 Chicago Cubs 6, Colorado 2 St. Louis 3, Washington 2 San Fran 7, San Diego 6, 12 innings L.A. Dodgers 7, Houston 3 Wednesday’s Games Chicago Cubs (Gorzelanny 1-4) at Philly (Moyer 5-2), 7:05 p.m. Milwaukee (Wolf 3-3) at Pitt. (Burres 2-1), 7:05 p.m. N.Y. Mets (Dickey 0-0) at Washington (L.Hernandez 4-2),
7:05 p.m. Cincinnati (Harang 2-5) at Atlanta (Kawakami 0-6), 7:10 p.m. Colorado (G.Smith 1-2) at Houston (F.Paulino 0-6), 8:05 p.m. Florida (A.Sanchez 2-2) at St. Louis (J.Garcia 4-2), 8:15 p.m. San Fran (Wellemeyer 2-3) at Arizona (I.Kennedy 2-2), 9:40 p.m. San Diego (Garland 4-2) at L.A. Dodgers (Ra.Ortiz 1-1), 10:10 p.m. Thursday’s Games Chicago Cubs at Philly, 1:05 p.m. Cincinnati at Atlanta, 1:05 p.m. Florida at St. Louis, 1:40 p.m. Milwaukee at Pitt., 7:05 p.m. N.Y. Mets at Washington, 7:05 p.m. Colorado at Houston, 8:05 p.m. San Fran at Arizona, 9:40 p.m. San Diego at L.A.Dodgers, 10:10 p.m. American League East Division
Tampa Bay New York Toronto Boston Baltimore
W 28 25 24 20 13
L Pct GB 11 .718 — 14 .641 3 17 .585 5 20 .500 8 1/2 27 .325 15 1/2
Minnesota Detroit Chicago Cleveland Kansas City
W 24 22 16 15 15
L Pct 15 .615 17 .564 22 .421 22 .405 25 .375
GB — 2 7 1/2 8 9 1/2
Texas Oakland Los Angeles Seattle
W 22 20 18 14
L Pct 18 .550 20 .500 23 .439 25 .359
GB — 2 4 1/2 7 1/2
Central Division
West Division
——— Monday’s Games N.Y. Yankees 11, Boston 9 Kansas City 4, Baltimore 3 Chic. W. Sox at Detroit, ppd., rain Minnesota 8, Toronto 3 Tampa Bay 4, Cleveland 3, 11 innings Texas 4, L.A. Angels 3 Oakland 8, Seattle 4 Tuesday’s Games Toronto 11, Minnesota 2 Chicago White Sox 6, Detroit 2 Tampa Bay 6, Cleveland 2 Boston 7, N.Y. Yankees 6 Baltimore 4, K.C. 3, 10 innings Texas 8, L.A. Angels 7 Oakland 6, Seattle 5, 10 innings Wednesday’s Games K.C. (Meche 0-4) at Cleveland (Masterson 0-4), 7:05 p.m. Tampa (W.Davis 3-3) at N.Y. Yanks (A.J.Burnett 4-1), 7:05 p.m. Minnesota (S.Baker 4-3) at Boston (Buchholz 4-3), 7:10 p.m. Baltimore (Guthrie 2-4) at Texas (Harden 2-1), 8:05 p.m. L.A. Angels (J.Saunders 2-5) at Chicago White Sox (Danks 3-2), 8:10 p.m. Detroit (Verlander 4-2) at Oakland (Braden 4-3), 10:05 p.m. Toronto (Cecil 2-2) at Seattle (Fister 3-1), 10:10 p.m. Thursday’s Games Kansas City at Cleveland, 12:05 p.m. Detroit at Oakland, 3:35 p.m. Toronto at Seattle, 3:40 p.m. Tampa Bay at N.Y. Yankees, 7:05 p.m. Minnesota at Boston, 7:10 p.m. Baltimore at Texas, 8:05 p.m. L.A. Angels at Chicago White Sox, 8:10 p.m. DISC PADS OR BRAKE SHOES
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CUT OUT THE MIDDLEMAN Sell direct in the Classifieds!
Call 428-0746 to place your ad.
When you’re looking for a new place to call “HOME”, pick up a Press for the latest listing in Sevier County! OR Call today and place your ad to rent/sell your place!!
(865) 428-0746
email to: class@themountainpress.com Who ya gonna call?
If you have a problem with the delivery of your morning Mountain Press, please call the Circulation Department at 428-0746, ext. 239 & 231 Monday - Friday and your paper will be delivered to you on the same day. Newspapers from calls after 10:00 a.m. will be delivered with the next day’s paper. On Saturday, Sunday and holidays you may dial 428-0748 extensions 239 & 231. If complaints are received between 8:00 and 10:00 a.m., papers will be delivered the same day. Newspapers from calls received after 10:00 a.m. will be delivered with the next day’s paper. This applies to in-county home delivery only. Sevier County’s Only Daily Newspaper
Comics ◆ A13
Thursday, May 20, 2010 ◆ The Mountain Press Family Circus
Close to Home
Advice
Brother and his wife act like chumps excluding sibling from mom’s party
Zits
Blondie
Baby Blues
Beetle Bailey
Dear Annie: My brother and his wife never host a holiday dinner gathering. Either my mother or I do it. I feel taken advantage of, but when I suggested it was their turn, they became quite defensive. My mother’s birthday is coming up, and my brother and sister-in-law decided to have a dinner and are excluding me. Every year in the past, I have hosted a dinner for my mother’s birthday and have always invited them. How do I handle this situation? -- Left Out in the Cold Dear Left Out: You struck a nerve with your brother and his wife, and now they are punishing you because you made them feel guilty. You can do nothing about their pettiness, although your mother should lodge a complaint and insist that you be included. Either way, the best response is to be gracious and forgiving. Perhaps drop by with a gift for your mother, smile sweetly, tell them to have a lovely dinner and then wave goodbye. If you can pull that off with sincerity, you’ll look like a saint. Dear Annie: My husband and I are in our late 40s and have been married 20 years. We have four kids. We are both well-educated professionals. A few years ago, I learned my husband was having one-night stands with other men. We went for counseling, and he promised to stop. Last summer, I found evidence that he’s up to the same thing. Again, we had counseling. Again, he made promises to stop. But last night, same old, same old.
My husband claims he’s bisexual and I’m the one he loves. He has always been sexually demanding, needing sex two or three times a day, and he is great in bed. But I can no longer stand being married to a cheater. If I’m not his cup of tea, so be it. But what do we tell the kids? -- In the Middle of Nowhere Dear Middle: If you have decided the marriage is over, the children should be told what any child of divorce needs to know -- that although the parents are no longer able to be together, the children are still loved and cherished. Then do your very best to be civil toward each other so that the kids don’t suffer more than necessary. There is absolutely no reason to mention Dad’s sex life. Please go back to your counselor -- with your husband -- and learn how best to minimize the damage. Dear Annie: Last year around this time, you printed a letter from “Desperate Alcoholic,” the 48-year-old woman who could not stay sober. You then printed a response from a woman who had the same problem. When her husband died, she finally went for treatment and asked the counselor whether she was too old to get well. The counselor replied, “Is your heart still beating?” Somehow that resonated with me in a way nothing else has. At the
t o d ay ’ s p u z z l e
Garfield
Barney Google and Snuffy Smith
For Better Or Worse
Tina’s Groove
time I read that letter, I was 68 and so unhappy. I was depressed, severely overweight, feeling helpless and smoking two packs a day. I have taken that phrase as my mantra. Sometimes I have to say it 20 times a day, and other times, only once in the morning. Since I started using that as my guide a year ago, I have lost 45 pounds and my smoking is down to three cigarettes a day. I am active in the life of my 5-year-old grandson. I had been reading your column for entertainment, but instead found a way to get my life back. I am still far from where I want to be, but I am no longer where I was and wanted you to know. Thank you. -- Elaine from California Dear Elaine: We are thrilled that letter helped you, and we bless that counselor for those wise words. Many people read our column for entertainment, and then one day, a particular letter will hit home and we hear from a reader saying, “That letter could have been written by me.” Annie’s Mailbox is written by Kathy Mitchell and Marcy Sugar, longtime editors of the Ann Landers column. Please e-mail your questions to anniesmailbox@comcast.net, or write to: Annie’s Mailbox, c/o Creators Syndicate, 5777 W. Century Blvd., Ste. 700, Los Angeles, CA 90045. To find out more about Annie’s Mailbox and read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate Web page at www.creators.com.
A14 ◆ Nation/World
The Mountain Press ◆ Thursday, May 20, 2010
Associated Press
Oil from the Deepwater Horizon oil spill is seen clumped on roseau cane in the Northeast Pass of the Mississippi River on the coast of Louisiana near Venice this week.
Concern grows about oil reaching Florida, Cuba WASHINGTON (AP) — Tar balls that washed ashore in the Florida Keys were not from the massive oil spill in the Gulf of Mexico, the Coast Guard said Wednesday, but that did little to soothe fears the blown-out well gushing a mile underwater could spread damage along the coast from Louisiana to Florida. The U.S. and Cuba were holding talks on how to respond to the spill, U.S. State Department spokesman Gordon Duguid said, underscoring worries about the oil reaching a strong current that could carry it to the Florida Keys and the pristine white beaches of Cuba’s northern coast. Oil has been spewing since the offshore drilling rig Deepwater Horizon exploded off the Louisiana coast April 20, killing 11
workers, and sank two days later. The House Transportation and Infrastructure Committee addressed the spill at a hearing Wednesday where leading Republicans including John Mica of Florida sought to pin blame on President Barack Obama’s administration. He cited Interior Secretary Ken Salazar’s acknowledgment Tuesday that his agency could have more aggressively monitored the offshore drilling industry. Outlining what he called the “Obama oil spill timeline,” Mica said the administration failed to heed warnings about the need for more regulation and issued “basically a carte blanche recipe for disaster” in approving drilling by the Deepwater Horizon, leased by oil giant BP PLC, and several dozen other wells.
Kagan hearings start June 28 WASHINGTON (AP) — The Senate Judiciary Committee chairman moved quickly Wednesday to advance Supreme Court nominee Elena Kagan down a so-far smooth road to confirmation, setting hearings for June 28. Sen. Patrick Leahy, D-Vt., said the schedule should allow the hearings to be completed before senators leave for a weeklong break in early July. In announcing it, Leahy was seizing the momentum building behind Kagan’s nomination just over a week after President Barack Obama selected her to succeed retiring Justice John Paul Stevens. “I would urge everybody to come to the hearing with an open mind, listen to her answers to those questions, and we will make sure that every senator — both sides of the aisle — has ample time to ask the questions they want,” Leahy said. The Judiciary Committee already sifted through much of Kagan’s record and background for its 2009 hearings on her
nomination to be solicitor general, and the 50-yearold former Harvard Law School dean was confirmed then on a bipartisan Senate vote. Leahy said that history, plus Kagan’s lack of experience as a judge — something Republicans have criticized — should make getting ready for these hearings “less labor-
intensive.” The timetable mirrors the one Leahy’s panel followed last year with Obama’s first court choice, Justice Sonia Sotomayor. It would put the Senate on track to meet the president’s goal of installing Kagan on the court by the time its new session begins this fall.
Reader Recipes Your Favorite Recipes
Taliban attack key U.S. base in Afghanistan KABUL, Afghanistan (AP) — Taliban insurgents armed with rockets, grenades and suicide vests stormed the giant U.S.-run Bagram Air Field before dawn Wednesday, triggering an eight-hour firefight that killed an American contractor and at least 10 attackers and wounded nine U.S. service members. As troops and contractors huddled in secure bunkers, the militants fired their weapons over American defenses into the base, according to Maj. Virginia McCabe, a spokeswoman for U.S. forces at Bagram. White smoke could be seen rising from the garrison as U.S. attack helicopters whirred overhead. It was the second major Taliban assault in the Kabul area in as many days, breaking a nearly three-month lull in insurgent attacks around the Afghan capital. Eighteen people, including five U.S. soldiers and a Canadian colonel, were killed Tuesday in a suicide car bombing in Kabul.
Deadline is July 2, 2010 Rules:
1. Recipes will be accepted from anyone living or working in Sevier County. 2. Each recipe should by typed or printed and include a complete listing of ingredients in order of use and detailed instructions. Illegible entries or those with instructions deemed unclear will be discarded. 3. Each recipe should include the name, address and day and night phone numbers of the submitter. 4. There is a limit of five (5) recipes per person, the dishes of your choice. 5. All recipes should be received to The Mountain Press no later than July 2, 2010. 6. Submit by mail to Reader Recipes, P.O. Box 4810, Sevierville, TN 37864 or by e-mail to recipes@themountainpress.com 7. All recipes submitted to The Mountain Press will be viewed
by a panel of culinary professionals to choose a determined number of recipes for the cookbook. 8. A number of select recipes from each category will be chosen to compete for fi rst-, second- and third-place honors. Submitters of the chosen recipes will be contacted and asked to bring their recipe to a taste-testing and photo session. 9. Those who cannot be reached or are unable to attend the taste-testing will forfeit, and an alternate recipe will be chosen. 10. Photographs for use in the cookbook will be taken at the taste-testing and the recipes will be judged by a panel of culinary professionals. Their decisions will be based on appearance, taste and ease of preparation. 11. Winners will be announced shortly before publication of the cookbook in late October. Depending on placement, winners will receive a certain number of cookbooks.