The Tennessean from Nashville, Tennessee • Page 15

HORSE HEARING Ex-judge closer to reinstatement Page 5B News roundup 2B WEDNESDAY, NOVEMBER 12, 1997 een fro: see to keep rT" I -niniiim --'--a- which began with jury selection Monday. If Abbott is called as a witness, Koger said, he will invoke his Fifth Amendment right not to incriminate himself and refuse By BETH WARREN Staff Writer COLUMBIA, Tenn. Stephen Abbott, 19 the only person who might know what was going on in the mind of murder defendant Jamie Rouse before a 1995 shooting spree in the halis of Richland School may not have to testify today as planned. Abbott's attorney, Hershell Roger, is rushing to get an opinion by the state Court of Criminal Appeals before Abbott is called to the witness stand a move the prosecution that could be attacked if he wins a new trial Giles County District Attorney General Mike Bottoms, however, said hell ask a judge to hold Abbott in contempt of court, tacking on additional jail time for the teen if he refuses to answer questions in court Also, Bottoms said he may want to read to jurors portions of Abbott's testimony from his own trial. Rouse's attorneys, however, may put up a fight because they didnt have the chance to cross-examine depressed and suicidal, hasnt assisted in his own defense.

"As far as I'm concerned he's offered absolutely no help or effort whatsoever In selecting this jury, Runde said after a panel of six women and six men and four alter-nates were chosen. "He has kept his head arms folded and sat knotted up in a ball." Bottoms, however, said Rouse "relaxes" when jurors are not In the Abbott when he testified. Bottoms did agree to drop a request to ban the defense from arguing that Rouse, due to a mental condition, may have had a "diminished capacity" to intentionally plan the slayings. Prosecutors must prove that Rouse acted with both intent and premeditation to win a first-degree murder convictioa Defense attorney Dan Runde asked the judge to note for the record that Rouse, who is reportedly could make first thing this morning as testimony begins in Rouse's murder trial. Abbott is serving a 40-year-sen-tence for participating in a plot to kill teachers by driving Rouse, who was armed, to school the day teacher Carolyn Foster and student Diane Collins were slain.

Teacher Carol Yancey has recovered from a gunshot wound to the head and has been attending Rouse's first-degree murder trial, to testify. Koger, "OE who feels confident he can win an appeal in Abbott's conviction, doesnt want Abbott to say anything iliA.Ja&a 1.9 Rii Honoring those who served 1 a. i iff.1' ia. J. w- Smyrna chooses Muffins Mayor joins Walls, Jordan in city hall By TRINE TSOUPEROS Staff Writer SMYRNA Shivering despite the blue blanket wrapped around her knees, Mary Jordan said she was glad she hauled herself down to the polling site at 6:30 a.m.

to hold a sign for mayoral candidate Robert Mullins. She was glad, she said, because she just knew Mullins would win. She was right Mullins had predicted his victory and had already planned a celebration at the Smyrna Skate Center. After his win, supporters showed up there in droves to congratulate their new mayor, the former city commissioner of utilities and planning. About 3,700 registered voters turned out on a chilly Election Day to choose a new mayor and two city commissioners.

Voters gave incumbent Sally Walls another term as city commissioner of police and fire, beating out Clyde Jones. Incumbent Jerry Oxsher lost his seat as commissioner of finance, purchasing and revenue to newcomer Bill Jordan by only about 200 votes. Except for the race between Walls and Clyde Jones, the voting was tight Mullins squeaked ahead with only 44 more votes than incumbent and longtime politico Paul Johns. Mayoral candidate Thomas E. Booker, a country music artist and self-admitted rogue candidate, garnered only about 93 votes.

Residents did not turn out in the expected high numbers for a race Turn to PAGE 2B, Column 1 it 1 'l Jl 1 1 James Browning, a WWI veteran from McEwen, Tenn, bows his head during the invocation. World War memorial dedicated By CATHERINE TREVISON Staff Writer Sam Fulghum of Donelson remembers arriving in Normandy, France, to find a midnight lit as brightly as noon by the explosions all around. Yesterday, after a French representative commemorated the role of Fulghum and other D-Day veterans, the 78-year-old wept for an Army comrade who didnt live to see Tennessee's new World' War II memorial here. Jim Davis' daughters cried, too, as they accepted the French medal on his behalf during the memorial's unveiling. The Crossville man used to tell them about digging fox holes on the front line, about the bullets that cut down a friend, about picking up the friend's rifle and fighting on.

Davis died at age 78, in 1992. "There are so many who have bottled it up for 50 years, and needed to let it go," said retired Air Force Brig. Gen. Enoch Stephenson, president of the group 0 BIU. 8TEBEH STAFF SgL Dwight Hill, a drummer with the 129th Army National Guard Band, listens to former Gov.

Ned McWherter at Bicentennial Capitol Mall. chitect Kern Hinton. He learned how Tennessee's farms were used as training grounds because their rolling hills were so like Europe. He learned the roles of famous Tennesseans, like Lt Gen. Frank Andrews, and the symbolism of the gold stars, which hung in the windows of women who lost a child at war.

"All these lives, like you've thrown them across the pavement," Hinton said of the stars at his feet "They're like witnesses." Manufacturer Josef Kusser traveled from Germany to see his globe unveiled. Kusser, 63, lived through the war as a young boy in Germany. The fact that his creation commemorates Germany's defeat is an irony not lost on him. "It shows that time has changed, that the world has changed here in America and especially in Germany that built the memorial in Nashville's Bicentennial Capitol Mall. "The truth is, they should talk about it Their family should have the benefit of knowing what 'the old guy' did." That education is the point of the granite globe that rotates above a stream of water to show how Tennesseans were scattered across Asia, Europe and Africa; of the huge granite panels explaining the state's contributions; PROTEST A year ago, Calvin Shaw died in Metro Jail.

Yesterday, his family remembered him, on 2B. and of the plaza strewn with gold stars, representing those who died. "I benefited more than anybody from this experience" of building the monument, said ar Seeking solutions for the elderly State studying ways to provide more in-home services Community mourning the death of a toddler Cause of fatal day-care fire ruled accidental WKRN TYLER Getting there The legislative study committee hearings on home and community-based care for the elderly and people with disabilities begin at 1 p.m. today in Room 16 of Legislative Plaza The hearing will continue at 9 a.m. tomorrow In Room 16.

the state's poor elderly and disabled and convince the state to offer more services, such as meal deliveries, attendants, homemakers and respite for caregivers. Some cities, counties and social service agencies offer these programs, but they are not Medicaid-funded and many have waiting lists. These services, say people for the American Association of Retired Persons and the Tennessee Commission on Aging, would prevent people from entering nursing homes prematurely and are less costly than nursing home care, which averages about $39,000 a year per patient The Tennessee Health Care Association, which represents most of the nursing homes in the state, has said it will fight hard against any change in the current funding By CARRIE FERGUSON Staff Writer Advocates for the elderly and disabled will square off today tomorrow with the state's nursing home association before a legislative committee studying Tennessee's in-home services to people who cannot completely care for themselves. Tennessee ranks next to last in the country in helping the elderly and people with disabilities stay in their homes, opting to spend 99.1 of $677 million in Medicaid money on nursing homes. Only $5.5 million in Medicaid money is expected to be spent this coming year on community-based services, all of which are concentrated in the state's four largest cities, according to the state Department of Health.

Advocates hope the legislative hearings will highlight the plight of By CORWIN A. THOMAS Staff Writer ana Associated Press HOHENWALD, Tenn. The grieving community here will come together today for the funeral of young Tyler Alexander Barber, 13 months old, who died in a fire Monday morning at a local day care. The fire and death has literally "affected everybody," Wanda Churchwell, a Hohenwald police dispatcher, said yesterday. Barber is the son of Jamie and Tommy Barber Jr.

of Hohenwald. Tommy Barber is a local police officer and volunteer firefighter. Sandra Hensly, whose husband also is a local police officer, is the owner of the day care, local au Fire officials have not found the cause of the fire, but "right now it's being ruled accidental," Culberson said. "But things could change." The day care was in a good-sized house in a residential community. It had been added to and remodeled and the carport was closed up, he said.

Witnesses told police that Hen-sley attempted to save the 13 children, who along with two other adults in the home were unharmed. Hensley suffered second-degree burns. Lisa Odom, Hensley's cousin, told Nashville television station WTVF the fire began in a chair near an electric heater. thorities said. "Around here we are a small community.

We're all close like a family," Churchwell said in a grieving voice. The call for the fire came in at 9:47 a.m., assistant fire chief Floyd Culberson said. "When we arrived on the scene the house was fully" engulfed in flames. Authorities thought everyone was out of the house, but Culberson said, "halfway through the process word was slipped to me someone was still in the house." Searchers found Tyler Barber's body in the house about 6:30 p.m., Culberson said. The association also touts the fact that Tennessee ranks high for home health services offered as one reason for not overhauling services.

However, the two programs are not the same. Home health services are offered only to those people who need specialized nursing skills such as help with oxygen and injections. In addition, those services are paid for by Medicare, not Medicaid. Tobacco growers to meet Area tobacco growers are invited to the third annual Tobacco Growers Appreciation Dinner" at 6 p.m. tomorrow at The Center in Springfield.

The free barbecue pork supper will begin at 6 p.m. followed by a program, said Paul Hart, Robertson County extension leader. Program topics will include a look at the upcoming marketing season. Springfield has auctions for burley, dark-fired and air-cured varieties of tobacco. PAUL OLDHAM Birders flocking together Birders are heading to Monsanto Ponds Wildlife Observation Area near Columbia, and to Laurel Hill Wildlife manage- -ment Area on Saturday to seek out grebes, great blue herons, coot and a host of other ducks and birds.

Anyone interested can join the daylong foray with the Nashville Chapter of the Tennessee CmithotogicaJ Society. Bring a lunch and wear warm clothing. Meet at 7 am. that day at the Cumberland Science Museum's lower parking lot ANNE PAINE Social sciences topic of MTSU symposium More than 50 students from Middle Tennessee State University, Tennessee Tech and Union University will present papers and discuss issues in social science during a symposium tomorrow and Friday at MTSU. The free lectures are sponsored by the MTSU sociology, anthropology and social work departments.

Registration will be at 8:30 am tomorrow in the lobby of the James Union building. All sessions are free and City Editor: Tommy Goldsmith, 259-8065 Regional Editors: Bill Choyke, 259-8899 Frank Gibson, 726-5907 Gail M. Kerr, 259-8085 Laird MacGregor, 259-8095 Robert Sherborne. 259-8080 Margaret Sizemore, 726-5941 NightWeekend Editors: Dwight Lewis, 726-5928 Wend C. Thomas, 664-2194 George Zepp, 259-8091 Fax: 259-8093 E-mail tips: Volunteers needed for vegetation removal Join the fight to stave off exotic vegetation that is strangling native wildflowers and seedlings in the Warner Parks.

Volunteers are needed for a three-hour plant removal effort Saturday. Meet at 9 a.m. at the first picnic shelter in Deep Well, off Highway 100. For information and registration, call 352-6299. Plants such as privet hedge and bush honeysuckle not to be confused with the honeysuckle vine are among those lowly taking over the wildflowers.

ANNE PAINE open to the public. For more information, caj Ben Austin at 898-2690 or 898-2508. tennessean.com.