By DAVID NICHOL
T-H Staff Writer
It's just about time for barbecue on the Ridge, and preparations are just about finished for food, music and prizes at Crowley's Ridge Vocational Institute.
The annual CRTI Barbecue will take place on campus Friday, Oct. 4. Barbecue will be served beginning at 5 p.m., but there will be activities all day.
"We'll have tours of the school all day for people who want to see the different departments," said CRTI President Burl Lieblong. "Then we'll serve from 5 p.m. until 9 p.m., and weather permitting, the band will play from 5 p.m. to 9 p.m."
Entertainment this year will again be provided by the Cummins Prison Band. Lieblong said the band actually has a following.
"You'd be surprised at how many people want to know if they (the Cummins band) are going to be here," he said. "We just hope the weather will get in here and get out."
He was referring to weather forecasts which currently say there is a chance of thunderstorms locally Thursday night and Friday morning.
"We hope it will move out quickly," he said.
As always, there will be tons of door prizes, donated by local merchants and vendors.
"As of Tuesday afternoon, the value of the prizes totaled $17,500," he said.
Last year, according to Lieblong the total prize count was about $20,000. He said many prizes usually come in on the last couple of days, and things are on track to hit $20,000 again by 5 p.m Friday, when the first drawing will take place.
"Ticket sales are looking good, and if people buy their tickets early, they save $2," said Lieblong.
Advance tickets are $5, and will be sold up until 1 p.m. Friday. After that, all tickets will be sold on campus and will cost $7.
By DAVID NICHOL
T-H Staff Writer
The Forrest City City Council on Tuesday passed a resolution opposing Proposed Amendment 3 to the Arkansas Constitution, which would remove the sales tax on food and medicine.
The resolution states, in part, that the passage of Amendment 3 would result in the loss of about 30 percent of Arkansas municipal sales tax revenue. Mayor Larry Bryant said that could mean a loss of about $1.3 million annually to the Forrest City budget. He said this could mean cuts in services.
The vote to adopt the resolution was unanimous.
The council also heard first reading on two ordinances. One would change the zoning from residential to commercial on property bounded by Cook, Rosser and Stone streets, and the second would vacate the alley which runs between Stone and Cook streets.
The changes are being requested by Forrest City Bank, which plans to use the area for parking and possible future development. The Forrest City Planning Commission had given a favorable recommendation to the changes. Alderman Richard Benson said he would recuse himself from voting, because he owns property in the area.
The council also heard from Rev. Uzziah Duncan, who was asking for the support of the council in forming a Boys and Girls Club in Forrest City. When asked, he said he was not asking the city for money, but simply for support. He said there is a chance that grant money is available to build a facility.
On another matter, the council heard all three readings and adopted an ordinance to allow the city to waive the bidding requirements for the purchase of new accounting and payroll software.
Bryant told the council that the current software being used by the city will not be upgradable after Dec. 31 of this year. The cost of the software, training and support services and additional accommodations would total $14,042.46.
It was also announced that the annexation of the Patillo I area is moving forward. Acting City Attorney Chris Morledge said there is a meeting scheduled with the quorum court for Nov. 1 at 9 a.m.
There was also a public hearing before the regular meeting on the allocation of funds from a Local Law Enforcement Block Grant. This year, there is $44,868 in federal funds, with a $4,985 match from the city, for a total of $49,853. The money will be allocated as follows: 50 percent for overtime, to be used in high crime areas and for specific problems; 10 percent for Neighborhood Watch and 40 percent for technology.
By DAVID NICHOL
T-H Staff Writer
The Forrest City City Council on Tuesday decided to pursue a lawsuit which could possibly knock two people off the November ballot.
The two men are Clifton Avant, who filed for the Ward 1, Position 1 spot on the city council, currently held by Roy Hancock; and Ray Woodard, who filed for the Ward 4, Position 2 spot, currently held by John Gadberry. The city, through Hancock and Gadberry, will contend that Avant and Woodard did not file in the proper time as set forth in a city statute.
City Attorney Chris Morledge said the problem comes from the state Legislature. He said the city had passed ordinances in 1986 and 1994, stating that the last day for independent candidates to file would be no later than noon on the day before the preferential primary election. This was allowed by state law.
"Then the Legislature, in its wisdom, later comes along in 1999 and says, 'we're going to add something to the statute. And the addition we're going to make to the statute is that you can have a 60- to 80- day window before the general election for filing purposes for independent candidates,'" he said.
The result, said Morledge, "in essence, an outright conflict...(the section which creates) the 60-to 80-day window, is in direct conflict with (the section which says that a city can pass an ordinance to set a filing date)."
Morledge said that hesitation is that Gadberry and Hancock both filed on the deadline outlined by the ordinance. They also filed during the 60-80 day window to cover themselves. Avant and Woodard filed only in the 60-80 day window.
He said that the Attorney General's office has been asked to give opinions on the matter, but in the latest opinion, the person writing the opinion said, "I don't know."
County Attorney Fletcher Long recommended to the county Election Commission that they leave all the names on the ballot, and the commission voted to do that. Morledge said Long made that recommendation to remain on the safe side.
"In his (Long's) opinion, you leave them on there, better safe than sorry," Morledge said.
However, he went on to say that just that day (Tuesday), in a case in Marianna which asks a similar question about the filing period, Circuit Judge Harvey Yates upheld the city ordinance. In this case, an incumbent inadvertently filed for the wrong position, by the preferential primary deadline. When she realized her mistake, she attempted to re-file during the 60-80 day period for the position for which she was the incumbent. The Lee County Election Commission refused to let her do it, and she filed suit. Morledge said when the suit was heard, Yates denied an injunction, stating that the city's ordinance is in control.
Morledge cautioned the council.
"Now, that's his opinion in Lee County," he said. "And just because Judge Yates rendered that opinion, it doesn't mean that Judge (Alvin) Simes or Judge (Baird) Kinney, Judge (Kathleen) Bell or Judge (Ben) Story will rule the same way. The decision you have to face is, standing up for the ordinance which your predecessors enacted."
Alderman Cecil Twillie said the council should back the ordinance.
"It's our position, as I see it, to uphold the city ordinance," he said, saying it could have long-range ramifications if city ordinances could be ignored. "Then I could use a similar situation. I live in Forrest City, and I'm supposed to be on city sewer, but if that be the case, I could possibly put a septic tank in my back yard, if the city ordinance is not going to stand...I don't have a problem with people running, I just think it's important that the city ordinance stand. If not, then we need to do whatever we have to do. And we're going to have this situation coming up every two years."
Morledge told the council that time was of the essence if a challenge was to be issued. He said even if the two men are declared ineligible, there is a chance their names may remain on the ballot if the ballots have already been printed. Any votes cast for the men would not count in that case.
According to Morledge, the council would have to vote to pursue it, and the petition, or suit, would be filed in the names of Gadberry and Hancock.
When asked, Morledge said he was fairly certain the matter would be addressed in the upcoming session of the Legislature, in order to clarify the matter for future elections.
By KENDALL OWENS
T-H Staff Writer
Next month, Forrest Citians will go to the polls to elect a mayor from five choices on the ballot.
Incumbent Mayor Larry Bryant is facing opposition from Bill Baxter, Frederick Freeman and Chris Oswalt. The fifth candidate's name on the ballot is Carroll Bishop, who died in May.
Should Forrest City voters choose Carroll Bishop, a new election will have to be held in January to fill the position.
According to officials with the Secretary of State's office, if a candidate who has legally filed, but dies prior to election day, is elected, then the position is vacated at the end of the incumbent's term.
For example, if Bishop is elected, current mayor Larry Bryant would remain in office until a special election could be held. Candidates would have to file new petitions to run for the mayor's seat in the special election.
According to state law, mayors of first-class cities in which a mayor-council form of government is used have to be elected by a majority vote of the qualified electors in the city. The law also reads that if a vacancy occurs in the office, the position must be filled by a special election and special runoff election if necessary.
Had Bishop been in office when he died, city council members could then have appointed a replacement to the office until the expiration of the term or until a special election could be held.
State law 14-43-401 Sections B-1 and B-2 read, "In case of his death, disability, resignation or other vacation of his office, the council, by vote of a majority of all its members, may appoint some other person to act until the expiration of his term or disability if the unexpired term of his office is less than six months. Otherwise, an election shall be ordered in accordance with the laws of the state. A removal from the city shall be deemed a vacation of this office."
"In all cases where the unexpired term has more than six months to run and a special election has been called to fill the vacancy in the office of mayor, the city governing body is authorized to appoint any qualified elector of the city, including any member of the council, to serve as acting mayor until the office is filled at the special election. A member of the council shall not vote on his own appointment."
By DAVID NICHOL
T-H Staff Writer
Wayne Dumond's conviction for raping a Forrest City girl was legitimate and the evidence overwhelming, no matter what some may say, the man who prosecuted Dumond told the Forrest City Rotary Club Tuesday.
Dumond is currently charged with the murder of a woman while on parole in Missouri. Some have blamed Gov. Mike Huckabee for Dumond's release, and Huckabee has said it was not his fault.
Fletcher Long Jr. said there was no political reason for him to speak on Dumond.
"I want to preface what I say today by telling you that I don't much care about the governor's race that's going on right now. I'm not here politicking in that regard. I'm not real enthusiastic about either candidate, if you want to know the truth."
He said he was there to share the truth about the Dumond case.
"On Sept. 11 -- yes, 9-11 -- of 1984, the victim in this case was abducted from her home," said Long. "She was taken just outside the city limits of Forrest City and raped."
He said police were having trouble finding a suspect. He said the victim said the person was not in a lineup.
"Regardless of what you may have heard, she said he wasn't there."
She said she also identified a person from mug shots, but said it wasn't him when she saw him face to face.
"We're not talking about somebody who is just looking for somebody to identify, okay?" he said.
He said in the meantime, there was evidence from the crime lab. That evidence showed that the man was blood type A, that he was a "secretor," which means that his blood type is secreted into all his bodily fluids, and he had a vasectomy. That was important, said Long, because a man who is simply infertile will still have a few spermatozoa in his semen, whereas a man who has had a vasectomy will have none.
Then, on Oct. 29, 1984, the victim was riding down Washington Street, when she saw a man she said committed the rape. She then identified him in a lineup, even though he was clean shaven and the man who raped her had a full beard.
Then came the evidence at trial. Dumond had blood type A, is a secretor, and had a vasectomy. It was also discovered, from a recent photo, that he had a full beard on Sept. 10, the day before the rape. DNA evidence also pointed to Dumond.
The Arkansas Supreme Court upheld Dumond's conviction.
He said that later, a chemist came up with some so-called evidence which has never been used in a court of law, claiming that it proved Dumond to be innocent. There was also a segment on the television show, "20-20," which claimed Dumond was innocent. Long said that the assertions were wrong.
"This is the fraud that has been perpetrated on the people of this state, by people who had an agenda, and I include ABC News and '20-20' in that...It's such a lie, so fraudulent, that if you think about it for very long it makes you mad."
He said the case against Dumond was irrefutable.
Later, he said, then-Gov. Jim Guy Tucker commuted Dumond's sentence to a term of years, because he said the jury did not consider that Dumond had been castrated. However, Long said the jury was well aware of Dumond's castration.
He said there was an attempt to keep Dumond from going free. The victim, her family and Long went to see Huckabee, to no avail.
"That process is amazing. They give you notice that he's coming up for parole," said Long. "The victim has to load up and go to Little Rock for a hearing. If you don't they say there was no opposition."
He said that then Huckabee said he was considering executive clemency.
"The parole board has been steadily denying Dumond's applications for clemency and parole," said Long. "And after the governor had announced his intent to grant clemency and after our meeting with the governor and after the Prosecuting Attorney's Association had taken a stand against his parole, on one fine day, the governor has met in secret with the parole board. That is a fact...After that meeting, the parole board reverses itself one fine morning, and says, 'We are granting parole to Wayne Dumond.' That afternoon, the governor issues a press release, and says, 'I'm denying executive clemency.'"
Now that Dumond is accused of murder again, Long said, "I don't believe he has a fan club anymore," as far as claiming his innocence is concerned. He also said that if Dumond is convicted, his past record can be used in the sentencing phase of his trial.
A Forrest City man was arrested by the St. Francis County Sheriff's Department on felony drug charges Tuesday night.
According to the police report, deputies received permission to search a Section 8 HUD residence at 322 Mallory Rd., where Derrick B. Perkins, 21, 104 East Franklin, Forrest City, was found.
When deputies knocked on the front door, Perkins allegedly ran to the back of the house and hid in the attic. Deputies, who crawled into the attic after him, found a hollow marker containing 11 rocks which tested positive for crack cocaine.
Perkins was charged with possession of a controlled substance with intent to deliver crack cocaine and distribution near a certain facility. The second charge was filed because the home is located near a church.