The Forsyth County news. (Cumming, Ga.) 19??-current, February 05, 2004, Image 1

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Forsyth CountvNews •/ Your "Hometown Paner" Since 190 R ##******#*##**#*** 3-digtt Vol. 95, No. 021 Judge: Turner can't get fair trial in Cobb By Nicole Green Staff Writer MARIETTA Cobb County Superior Court Judge James G. Bodiford ruled Wednesday morning that Forsyth resident Julia Lynn Womack Turner could not receive a fair trial in Cobb due to heavy media coverage of the poi soning murder case. The trial likely will be moved outside the metro Atlanta area. Cobb District Attorney Patrick Head had no objection to moving the case. "This is one of my top priorities to get a new venue and a new trial date," Bodiford said. Attorneys for the state and Turner now will submit to the judge a list of five possible venues. CHECKING IT OUT ■ j/* i A Photo/Audra Perry Businesses around the old school building in downtown Cumming were evacuted Wednesday morning after a con struction crew digging in the area struck a natural gas line. Forsyth County firefighters used gas monitors to check the gas levels in the air. Atlanta Gas Light quickly responded and had the leak capped within half an hour. Commission says no to private sewer plants By Todd Truelove Staff Writer The Forsyth County Board of Commissioners approved regulations Monday to enhance the county’s ability to control the growth of sewage infrastructure including prohibiting private companies from owning new sewage treatment facili ties. Attorney Ken Jarrard, whose law firm Jarrard and Davis is under con tract with the county government, presented the board with the new code which while not imposing any new requirements for existing facilities provides that newly con structed facilities must be turned over to and owned by the county. Jarrard said that while private companies could continue to con struct sewage treatment plants under the new code, it prohibits private companies from owning such facili ties. 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 90994 0400 Your "Hometown Paper" Since 1908 g Turner had a preconceived opinion, bias or partiality Developers could ask for a vari ance when submitting rezoning applications that would allow a pri vate entity to construct a sewage treatment plant, Jarrard said. If that variance is approved, then the applicant and the county govern ment would begin negotiating for the county to eventually own the facility once construction is complete. “If a variance is granted, that means it is now time for us to negoti ate,” Jarrard said. “What that will mean is that representatives of the county and representatives of the applicant will get together and dis cuss how to effect a joint collabora tive public/private sewer facility, that will ultimately be owned and operat ed by the county.” He said the negotiations can include, but is not limited to, discus sions on financing, capacity applica tions, competitive bid criteria, con struction time line and permitting INDEX Abby 6B Classifieds 2B Deaths 2A Government 3 A Horoscope 6B Kids Page 10A Opinion 9A Sports 5A THURSDAY February 5,2004 Because of the time needed to agree on a site, and to make arrangements, the court Wednesday had not set another date for the trial to proceed. Only eight out of 125 potential jurors had stood by Wednesday morning after the judge asked who had not heard of Turner's case before stepping into court. Out of those 125 standing, 39 said they Government Greenspace meeting set for Feb. 12 at Sawnee Center Page 4A based on intense media exposure of the case that could prevent them from rendering Turner a fair trial. All of the jurors who expressed their pre-trial opinions said that Turner was guilty of murder, based on information reported by television, radio and newspapers. "She's guilty as homemade sin," one potential juror said during questioning. Turner was indicted in November 2002 on one count of murder on a charge of causing her husband, Cobb police officer Glenn Turner, to ingest ethylene glycol in 1995. Turner is also the prime suspect in the 2001 ethylene glycol poi soning death of Forsyth County firefighter Randy Thompson, who was the father of her two chil dren. She has not been charged in the Forsyth - - k Pritchett ■ - tJ Bagwell issues. In addition, Jarrard said if negoti ations are unsuccessful, a panel could be formed to try and work through the issues. He said the appli cant can appeal the panel’s decision if so desired. He said the new sewage regula tions allow individual septic systems for new developments providing that public sewer services are not within a mile of the development. However, a septic system that serves an entire community is pro hibited in the new regulations, Jarrard said. Three people commented in opposition during the public hearing on the issue. See S£LVE/?, Page 2A Purchase of eight new fire trucks totaling $3.2 million OK’d by commissioners By Todd Truelove Staff Writer The Forsyth County Fire Department is getting eight new fire trucks, including one with a 100-foot ladder. The Board of Commissioners unanimously approved the $3.2 mil lion purchase Monday night during regular business discussions. Fire Chief Danny Bowman spoke before the board approved the pur chase. “Over 2,000 man-hours were vol unteered to put together an airtight specifications package,” Bowman said. “If purchased individually, just one of the pumper trucks could feasi bly cost well in excess of $450,000.” “The bid before you this evening is for $350,000 each,” he said. The money to purchase the trucks Sports Upcoming NASCAR season fueling speculation Rage GA case. Ethylene glycol is a poisonous agent found in antifreeze, window cleaner and brake fluid. After attorneys questioned each of the 39 jurors who claimed to be biased, 16 were dis missed on TUesday and the rest Wednesday. They proved to be unable to discard their prejudg ments and make an impartial verdict. Another juror was released on hardship. The defendant's attorneys, Jim Berry and Vic Reynolds of Marietta, requested to move the geographic location of the trial after 25 percent of the first juror group was disqualified. They renewed their request Wednesday. "There's enough right now based on what See TURNER, Page 2A Jury indicts man in 2003 fatal crash Wreck ejected woman, 85 By Steven H. Pollak Staff Writer The Forsyth County Grand Jury on Monday indicted a 52-year-old local man on charges of vehicular homicide, driving under the influence of alcohol and reckless driving. Gary Floyd Gregory was driving a 1963 Mercedes sedan on the evening of Jan. 13, 2003, when he approached a stop sign at the end of Spot Road and allegedly did not stop. The vehicle then traveled into the northbound lane of Hwy. 9 where it was struck in the rear pas senger door by a Toyota Camry. The passenger in Gregory’s car, 85-year-old Melba Ree Bramblett, was ejected from the vehicle. She was flown by helicopter to North Fulton Regional Hospital where she later died. Gregory, who had been living in Forsyth County at the time of the incident but has listed a Gretna, La., address in court papers, was transported to Northside Hospital Forsyth where he was treated for minor injuries. Four days after the wreck occurred, deputies from the Forsyth County Sheriff's Office arrested Gregory on charges of vehicular homicide, driving under the influence of alcohol and failure to stop at a stop sign. In the Grand Jury indictment returned on Monday, Gregory was charged with four counts of homicide by vehicle first degree, two counts of driving under the influence of alcohol, two counts of reckless driving and one count of failure to stop at a stop sign. See INDICTED, Page 2A is to come from the county’s sales tax fund which voters approved last year. Pierce Manufacturing Inc. of Bessemer, Ala., was awarded the sale. In other regular business, the See TRUCKS, Page 2A Possible Rain *" 1 High in the high 40s. Low in the mid-40s. □ BUSINESS, IB >rs chief sees legislative role 66 Over 2,000 man-hours were volunteered to put together an airtight specifications package. 99 LAKE LANIER LEVELS Date Level Jan. 31 1067.90 ft Feb. 1 1067.92 ft Feb. 2 1067.96 ft Feb. 3 1067.96 ft Full 1071.00 ft