The Forsyth County news. (Cumming, Ga.) 19??-current, February 01, 2004, Image 1

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Forsyth Count vNews J Your "Hometown Paper" Since 1901 gecrgiS*news*-apfr*d^^l t 306 Vol. 95, No. 019 ‘Anti-freeze murder’ trial starts Monday By Steven H. Pollak Staff Writer MARIETTA The trial of Julia Lynn Turner begins tomorrow. The Cumming woman’s case which has attracted nationwide media attention is expected to attract droves of reporters, photog raphers and television cameramen to the Cobb County courthouse where she will stand trial on one count of murder in connection with the alleged antifreeze poisoning death of her Cobb police officer husband, Glenn Turner, in 1995. During the month-long trial, the jury also Dramatic Experience C I - K i** * ■ IHIiMW ® •* jaMIF fl • • iKrHhHrbuL-' * Photos/David McGregor Above, Shawn Brown of Atlanta-based Role Model Productions entertains students at Discovery Point daycare center on Sanders Road during a drama class he conducted for them last week. Among those 4- and 5-year olds giving their full attention were, at right, from top, Anthony Burno. Abby Ross and Matthew Kenny. Revisions planned for tree ordinance From staff reports The Forsyth County Board of Commissioners will address various changes in county law Monday including controversial revisions to the county’s tree ordinance and restricting private ownership of new sewage plants. County Arborist Greg Wallace, who was recently hired as the county arborist, said Friday county staff is going to recommend changes to the tree ordinance to clarify its inten tions. Former County Arborist Van Moore who helped write the new See TREES, Page 2A Missed paper policy: For a replacement paper, call 8 a.m. - 5:30 p.m. Wednesday, Thursday and Friday, and 9 a.m. -1 p.m. on Sunday - (770) 887-3126. Copyright © 2003 Forsyth County News 0 90994 04000 7 Your "Hometown Paper" Since 1901 J Turner jjSp JI a i 1 Photo/David McGregor Chief Magistrate Barbara Cole INDEX Abby 6B Births 4B Classifieds 3C Deaths 2A Forsyth Life IB Horoscope 6B Opinion 10A Sports 1C SUNDAY February 1,2004 will hear about the 2001 death of Forsyth County firefighter Randy Thomp son, Turner’s boyfriend and the father of her two children. No charges have ever been filed in connection with Thompson’s death but a Georgia Bureau of Investigation agent pre viously called Julia Lynn Turner a “suspect” in the case. Columnist Bill Shipp on the upcoming primary in Georgia. PagelOA Earlier this summer, Cobb prosecutors con vinced the Superior Court judge who will pre side over the case, James G. Bodiford, that information from Thompson’s death would be relevant to their case and therefore, ought to be introduced as evidence during the trial. Bodiford’s decision essentially permits prosecutors to connect Julia Lynn Turner to two men who died under similar circum stances. If convicted, she faces a life sentence. Both men’s deaths were originally thought to be the result of natural causes. However, subsequent tests by the GBI revealed allegedly toxic levels of ethylene glycol in their bodies. k ■ r i -uW ggflflj/ f-1. tv.. ; » rflF- T ~Z~I r w r .Wil J .. J WX .-fa, '! r'jy - JHEr 1 ♦3F’"” IM f ** - ' iH W I ' .«* .' V - -S 1 & *4? -' The Judge Speaks Out Magistrate Cole responds to critics, lawyers, controversies By Steven H. Pollak Staff Writer There’s a law degree hanging on the wall behind her chair, an “Elect Cole” poster on the wall next to the door and a large bottle of Pepto Bismol on her desk. The chief magistrate says the pink stuff is for a recent gall bladder problem but it's easy to imagine Barbara A. Cole developing an ulcer after presiding over the raw justice in her courtroom, which she affectionately refers to as “the emergency room of law.” Sh 6 is planning to run for re-election as the Republican candidate in this year’s race and, in a rare interview granted last week, Cole discussed her first term as the county's chief magistrate, her occa sionally stormy relationships with attorneys and her plans for the future. In many instances, Magistrate Court is the first contact the public has with the judicial system. It resembles the “reality” courts depicted on daytime television, with men and women representing them selves in attempts to settle small claims disputes with their landlords, bosses, employees, husbands, wives, business partners and anyone else. In addition, the magistrate issues arrest warrants, Forsyth high school basketball action. Page 1C Ethylene glycol is a sweet, odorless chemi cal found in antifreeze. Turner’s story, her relationships with these two men and the speculation over what led to their deaths has fueled intense media coverage at almost every stage of the investigation and prosecution of the case. The saga of the Cumming woman has been featured on almost every Atlanta television sta tion as well as the Atlanta Journal-Constitution, CNN, ABC News’ “20/20” program, the Associated Press and People Magazine. See TRIAL, Page 7A Private firm’s authority to condemn challenged By Todd Truelove Staff Writer On Jan. 18, 2002, the Forsyth County government granted a private utility company the power to con demn private property to run sewer lines to service the east side of Ga. 400 in north Forsyth, according to Commission Chairman Jack Conway. Though Conway wasn’t on the Board of Commissioners at the time the agreement was made, he said it was his understanding Ken Curren and Waterscapes Utility were given that power. “I think there was eminent domain in [that agree ment],” Conway said, adding it’s not a power the cur rent board would give. “In my opinion, I don’t think that we give anybody total eminent domain,” Conway said. “It always has to be with the acquiescence of the Board of Commissioners.” However, several property owners are questioning the company’s right to condemn their land to run a sewer line to serve a new subdivision. Their attorney says the company may be using the power it was given to help itself, not the public. One of the property owners. Ward Duncan, said he doesn’t want the sewer line installed on his property on Bennett Road. “I don’t need the money,” he said. Waterscape has been attempting to secure an ease ment through the properties in question for a year, and recently threatened condemnation in a strongly word ed letter that told property owners fighting against the inevitable would cost them in the long run. Eminent domain, also referred to as condemnation, is a power that some charge is abused by governmen tal entities to acquire property —for a price —for improvements that are in the greater interest of the See CONDEMN, Page 3A sets bond amounts and rules on cases involving vio lations of county ordinances. The disputes occasionally descend into fistfights, both inside the courtroom and out in the parking lot. Unhappy people have spjt at the Magistrate staff through the window at the front counter and Cole herself says she’s been threatened. “It’s sort of like a Grady emergency room.” she said. “It’s like the emergency room of law here.” The need to rule in favor of one side at the expense of the other necessarily means Cole will upset some litigants, leaving them feeling slighted, hurt, grieved and, sometimes, angry. However, Cole’s critics are not limited to those who visit her courtroom. Last year, the Georgia General Assembly enacted a law requiring the chief magistrate of Forsyth County to be a member of the State Bar of Georgia effective 2009. Cole, who graduated from Atlanta’s John Marshall Law School in December of 1999 but has not passed the State Bar exam, says she believes the legislation sponsored by state Rep. Jack Murphy (R- Cumming) was a coordinated attempt to remove her from office. Other criticism has been more direct. The See COLE, Page 9A Partly Cloudy High in the low 40s. Low in the low 30s. I ..., i. . , t 4| I* LIFE, 1B Gov.’s son plans Forsyth ministry. LAKE LANIER LEVELS Date Level Jan. 27 1068.03 ft Jan. 28 1068.03 ft Jan. 29 1067.92 ft Jan. 30 1067.92 ft Full 1071.00 ft