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FORSYTH COUNTY NEWS - Sunday, February 28,2004
Deaths
Alvaro Galvez Sr.
Alvaro Galvez Sr. of
Cumming died Feb. 24, 2004.
He was a business owner.
Survivors include his wife.
Irma L. Galvez; parents, Dario
Galvez, Dolly Arango Galvez;
daughter. Andreas Galvez; sons.
Esteban Galvez, Alvaro
Eduardo Galvez Jr.; two broth
ers; three sisters.
No services are planned, the
body was cremated.
L.W. McDonald and Son
Funeral Home and Crematory
was in charge of the arrange
ments.
Forsyth County News
February 29, 2004
lone H. Malay
Mrs. lone H. Malay. 87. of
Alpharetta died Wednesday.
Feb. 25. 2004.
Mrs. Malav was
a World War II
Army veteran.
Survivors
VETERAN
include her daughter and son
in-law. Marie and Jeff Dabney
of Houston. Texas; son and
daughter-in-law. Bill and Nancy
Malay of Alpharetta; sister.
Elva Converse of Joliet. III.;
grandson. Jeff Dabney of
Houston. Texas.
Graveside services with mil
itary honors will be Thursday.
March 4. at 9 a.m. at the
Arlington National Cemetery .
Louie E. Jones Funeral
Home in Alpharetta is in charge
of the arrangements.
Forsyth County News
February 29, 2004
Firman W. Miller
Mr. Finnan W. Miller. 89. of
Cumming died Feb. 21.2004. A
native of De Queen. Ark.. Mr.
Miller had lived
in Cu mmi n g
since 1998.
moving from
Orlando, Fla. As
VETERAN
a World War II veteran of the
U.S Navy, he served aboard the
Destroyer. U.S.S. Cushing, and
saw action in at the Battle of
Guadalcanal. Mr. Miller was a
retired pipe fitter, a member of
the First Baptist Church of
Traskwood in Arkansas and of
the Masonic Lodge in Palo
Alto, Calif. He was preceded in
death bv his wife. Lestenna R
Miller. '
Survivors include his sister.
Lear C Martin of Benton. Ark.;
nieces. Nella Dean Martin
Smith. Florence Martin Mosely.
Patsy Ann Martin Gosvenor, all
of Traskwood. Ark.. Melba H
Harrop Daniel of Cumming.
Foy Dean Martin Riggan of
Malvern. Ark.; and nephew.
Earl Eugene Harrop of
Springdale. Ark.
Inurement services will be
held later at Mount Harmony
Church Cemetery in Haskell.
Ark.
McDonald and Son Funeral
Home and Crematory in
Cumming is in charge of the
arrangements.
Forsyth County News
February 29, 2004
James Hugh Wilson
Mr. James Hugh Wilson. 68.
of Cumming died Feb. 25,
2004.
Survivors include his wife.
Priscilla Wilson of Cumming;
daughter. Joy Wilson of
Cumming; sons. Derrick
Wilson of Smyrna. Eric Wilson
of Colorado; sister. Pat Wilson
of Texas; three grandchildren
also survive.
Memorial services will be
Sunday,, Feb. 29. in the chapel
of McDonald and Son Funeral
Home with the Rev. Jerry Jones
officiating. The family will
receive friends one hour prior to
the service at the funeral home.
In lieu of flowers, contribu
tions may be made to the
American Cancer Society or the
humane society.
McDonald & Son Funeral
Home is in charge of the
arrangements.
Forsyth County News
February 29. 2004
FIRST CALL
770-781-HELP
(«S7)
Emergency help line for
Forsyth County,
o 7
TRAFFIC from 1A
Members of the state transportation board are elect
ed by a caucus of members of the General Assembly
from that congressional district. The balloting was held
earlier this month at the state Capitol.
Pinholster will fill the slot being vacated by long
time board member Steve Reynolds of Lawrenceville.
Reynolds, a former state senator, had served on the
DOT board since 1984 and twice served as chairman.
A former coach and college administrator,
Pinholster is no stranger to state politics. He served 12
years in the Georgia House of Representatives and
served as vice chairman and later as chairman of the
Republican Caucus. He decided not to seek re-election
in 2002 when his residence in the Cherokee County
community of Ball Ground was reapportioned into a
district with much of Forsyth County. The district,
which was redrawn as a two-member district, is repre
sented by state Reps. Tom Knox and Jack Murphy, both
of Cumming.
Pinholster was appointed by Gov. Sonny Perdue to
BUDGET from 1A
be available to transport guests
from the convention center to
golf courses at Lake Lanier
Islands. Making the park an
island and connecting it to land
via a covered bridge is another
idea being bandied about by city
officials.
The entire project is estimat
ed to cost SlO million to Sl2
million and take up to a decade
to complete. Public and private
money is expected to be used.
The state aid is critical for
the project to move forward
MOLEST from 1A
and the advocacy center
teamed up to falsely accuse
Lopez-Trejo.
“Capt. Goss and
[Fogleman] sat down and
cooked this up. and they’re
asking you to dine on it." Hill
told the jury Thursday.
Dickinson allowed Hill to
use indigent defense funds to
hire a translator who is a
Mexican native to review a
tape of the interview. The
translator completed a tran
script of the child’s statement
that was compared to the origi
nal interpretation.
"We just w ant the truth, the
whole truth, of what the little
girl said." Hill said Monday.
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because the seawall and jetty
will need to built before any
other construction can proceed.
Blackbum said.
"This is going to be a project
that is going to take a while to
put together.” he said.
City officials are hoping the
convention center will accom
modate local businesses current
ly forced to hold their confer
ences elsewhere and medium
sized businesses wanting to
stage an event on the shores of
Lanier.
Minor discrepancies were
found in the two translations.
Key to the case was the tes
timony of the victim, now 6
years old. She took the witness
stand Wednesday wearing a
"spanking new pink dress," as
Hill said. Though a year had
passed since the crime
occurred, the child's account
was consistent.
According to the law. a
child’s outcry is all the evi
dence needed to convict of
child molestation.
Lopez-Trejo’s sentencing
has not been scheduled.
Aggravated child molestation
is punishable by 10 to 30 years
in prison.
fill the final year of a term on the State Board of
Education in 2003. That term ended in December.
During his service in the Legislature, he shared an
office suite with Evans, who is pleased to once again be
serving with his former colleague.
“Garland is going to be a great addition to the
board," said Evans. “He was on the transportation com
mittee in the House. He knows the process and more
importantly, he knows the people. He also knows
Forsyth County.”
Both Evans and Pinholster are hopeful of the pas
sage of House Bill 1295, which would repeal a law
which mandated that state transportation funds be spent
equally in each of the state’s congressional districts.
“The original bill was the worst bill in the world,”
said Pinhoster. “It didn't make any sense at all. You go
to south Georgia and you get on a blacktop that is three
laned through the piney woods for a hundred miles and
you don't see five cars. It doesn’t make sense for
Forsyth, or any of the counties in the 7th District. It
Appeal of Forsyth case upheld
By Colby Jones
Staff Writer
The Georgia Court of
Appeals has affirmed the use
of “knock and talk" tactics by
police to obtain consent to
search a suspect’s home in the
case of a Forsyth County man
convicted on drug charges.
Instead of obtaining a
search warrant, police in
Georgia can “knock and talk"
to a suspect by going to his
home, striking up a conversa
tion and asking for permission
to search the premises.
Consent erases the need for
police to obtain a search war
rant.
An attorney for Michael
Keith Pollard. 38, of Forsyth
County challenged the law and
argued police should be
required to obtain a search
warrant whenever feasible. A
three-judge panel from the
appeals court rejected the
attorney’s argument and
affirmed Pollard's conviction
on Feb. 20.
According to the court’s
opinion, deputies targeted
Pollard in a narcotics investi
gation based on confidential
information received during a
traffic stop. A total of four
officers arrived at Pollard’s
home in the middle of the
needs to be on a basis of congestion and car counts.”
The bill has passed the house and is now in the
hands of the state Senate.
Pinholster, a lifelong Republican, was born in
Clyattville in southern Lowndes County, only a few
miles from the Florida line. He graduated from North
Georgia College and began his career in Summerville,
where he coached the high school basketball team to a
state championship. He accomplished a similar feat in
Rockmart where he took the ftxrtball team to the state
title.
After serving as a lieutenant in the Army during the
Korean conflict, he became basketball coach and athlet
ic director at Oglethorpe University in Atlanta. After
completing a doctorate from Louisiana State
University, he served as Oglethorpe’s dean of adminis
tration.
In 1963, coached the USA basketball team to a gold
medal in the Pan American games. He was inducted
into the Georgia State Athletic Hall of Fame in 1980.
night on June 24, 2000,
encountering Pollard at the
front door.
The officers identified
themselves, then Pollard
opened the door and invited
them into his residence. The
officers reported seeing two
partially burned marijuana
cigarettes in an ashtray in the
living room.
An officer testified Pollard
repeatedly denied any drugs
were in the house and later
consented to a search of the
home by saying, “Go ahead.
Check wherever you want."
states the opinion.
The officers arrested
Pollard after finding ampheta
mine and marijuana inside the
house.
At trial, the judge denied
Pollard's request to suppress
the evidence based on the fail
ure to obtain a warrant. A jury
convicted Pollard and he
received a prison sentence of
10 years. He currently is serv
ing his sentence at Arrendale
State Prison in Alto.
The Cumming attorney
appointed to represent Pollard
on appeal, Vic Wiegand,
attempted to persuade the
appeals court to join other
states that have declared the
CONGRATULATIONS
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Winner of a Free Steak Dinner and
Limousine Escort Compliments of
McDonald Son
JiincralJ lome and Crematory
www.mcdonaldandson.com
(770) 886-9899
150 Sawnee Drive, Cumming, GA 30040
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“knock and talk" tactic an
unreasonable search and
seizure. He argued officers
should have obtained a search
warrant, especially since
Pollard was confronted in the
privacy of his home.
“It’s difficult when you are
at home. There is no place to
retreat," Wiegand said. “We
think there should be a higher
standard.”
If the search is based on
consent instead of a warrant,
officers should be required to
obtain a suspect's written con
sent or produce a recording of
the conversation in which con
sent is given, the lawyer
argued.
“We don’t think we’re ask
ing too much to require a
record of it," Wiegand said.
The opinion authored by
Judge Herbert E. Phipps, how
ever. affirmed the Forsyth
County court’s decision and
declined to require police to
do more than obtain verbal
and voluntary consent.
"Under these circum
stances. it is clear that even if
Pollard was 'in custody’ when
he gave consent, the consent
was not the product of an ille
gal detention." stated Phipps'
opinion.