Newspaper Page Text
VOLUME XCVIII — NUMBFR TY
v W e ABTPOR 1~ o T Ny
&% 2
854
ok
~
'd g ”
| - o i
2" - i
0% \
o 9 A
~ H
e ‘
g h :
| &R
| -
| ; &
J;Ad ’ «.T{‘T"‘ ';a ’ ¢ W"‘«&f*f Y MW”
.4 \ .“\ '-; 4 'B | ,“. 4 :
” 9 "x < :‘:(’Q 1 P ~,£;‘l A * y' -
p " ’;': ' 3' 2 ““: "*”v'm,:”‘,' A -mv\“. 2
: e e PLo Sl o
il i ¢ %21y ‘ ffi‘w?” i ;
PRy N P
o o e
| ! A
’
py
Denson, McConnell Speak To Group
Commissioner Wayne ‘‘Pete’’ Denson,
left background and Sheriff Gary Mec-
Connell, right background, field ques
tions from a group of about 40 citizens
who met M_omf;y night at the courthouse
on the renovation ofthe county jail. The
Meeting Reaction Shows
Public Favors Jail Bond
Approximately 40 people
attended a special meeting
Monday night in the cour
troom of the Chattooga Coun
ty courthouse to hear an ex
planation of the renovation of
the county jail.
Chattooga County, under a
federal suit because of jail
overcrowding and lack of day
space, has been ordered by a
federal judge to make the new
renovation to the jail or build
a new one.
- Commissioner Wayne
“Pete’” Denson addressed the
firoup first and went into the
istory of the decision by the
judge. He emphasized that
neither he or Sheriff Gary Mc-
Connell wanted to make the
changes but that the federal
judge said, ‘“We had to correct
the problem, and he (the
judge) didn’t care how the
county paid for it, that it
would be done.”
The whole purpose of the
meeting was to see a sampling
of the public’s opinion on how
the county should pay for it.
The two proposals were a
1-mill increase to be spread
over 10 years through the pur
chase of bonds or to pay for it
in one 6 or 7 mill lump in one
year.
After discussion from the
crowd, everyone in the room
firmly deci(fizd that it would
be better for them to spread
the increase over 10 years.
The new jail would be add
ed on to the present facility
and would provide room for 46
prisoners. The proposed cost
Vandalism Strikes
City On Saturday
The Summerville Police
De%artment is investigating a
rash of vandalism in the city
during the weekend.
Shortly after midnight
Saturday officers discovered
the telephone receiver in the
Ehone booth at Wheeler
vans Service Station on
Commerce Street had been
vandalized. Officers then
checked the phone booth at
Russell Oil on Commerce
Street and found that
telephone receiver had also
been vandalized.
A further check that night
by officers found that an
Atlanta Journal and a Rome
News-Tribune paper machine
were also vandalized. The
machines were located at
Trion Schools To
Make Up Snow Day
Only routine matters were
discussed at the regular mon
thly meeting of the Trion City
School Board of Education
Tuesday afternoon.
The board agreed to amend
this year's school calendar as
the school system lost one day
in January due to snow. The
board ap%roved for the
schools to be in session Fri
day, April 1, to make up for
the last day. April 1 had
previously been scheduled as
a holiday.
The board also approved
the 1983-84 school carendar.
School in Trion will ‘begin
Tuesday, Aug. 23, and end
Che Summeruille News
county, under suit for jail conditions,
was told by a federal judge to build a new
jail or renovate the present facility. The
meeting was called to determine how tax
payers wished to finance the project.
of the J)rOJect is $850,000 with
an additional $60,000 for
storage space to be added
above the present jail. The
renovation would roughly tri
ple the present jail's size.
The present facility which
legally can hold 12 or 13
prisoners has been averagin
38 over the last 12-montfi
period.
Sheriff McConnell then ex
plained to the crowd the only
other possibility was sending
the prisoners to other coun
ties. After a brief discussion in
which it was learned that it
would cost, at Chattooga's
average of 38 prisoners, $1
million a year not counting
manpower to take the prisoner
back and forth to the other
county jails.
Undler the judge's
guidelines, the county must
start immediately to pursue a
new jail or U.S. District
Judge Harold Murphy would
start it.
A paper showinfi the cost
to taxpayers was handed to
the crowd and it explained the
costs whether in a 1-mill in
crease or the entire 6 or 7 mill
increase. A $30,000 value of a
home which fiaid $215.90 in
county tax this year would
with the 1-mill increase be in
creased to $lO. With the 6-mill
increase to pay the facility off
in one year, the ta)épayer
would pay S7O extra and for a
7-mill outlay would pay SBO
extra. A $50,000 value of
home paid $388.62 in county
tax this year and would be
Hurley's Food Center on
South Commerce Street.
Officers received a report
from Leon Gilbert on the
Lance Company Monday that
someone had bursted open a
cracker machine at the D & B
Laundry on North Commerce
Street. The incident reported
ly occurred sometime between
Monday, March 7, and Mon
day, March 14.
The report said the
machine door was broken
open and the flass broken out.
Approximately 192 packs of
crackers were reportedly
taken from the machine
valued at $31.80, along with
approximately SSO in
damages to the machine.
Friday, June 1, with elemen
tary graduation exercises
June 1 and high school
firaduation June 5. The
olidays will be as follows:
Sept. 5; Nov. 24-25; Dec.
19-Jan. 2; and April 2-6.
In other action the board:
* After a lengthy ex
ecutive session, approved the
re-hiring of the present school
principals. The principals and
their schools are: Sue Hayes,
Trion Elementary, and
Clarence Blevins, Trion High.
* Discussed HB 532 con
cerning capital outlay monies.
They approved developing a
five-year plan and hiring an
architect.
charged $lB for the one-mill
increase and SIOB and $126
ress)ectively for the 6 and 7
mill outlay.
The efi;ction date for the
bond issue in which county
voters will ultimately decide
whether the money will be
paid in one lump sum or the
purchase of boncfs to have the
cost spread-over 10 years has
been set for May 3, the same
date as the state election for a
supreme court judge.
After a member of the
crowd asked Commissioner
Denson and Sheriff McCon
nell if they would go into each
community to answer ques
tions and explain the situa
tion, they said that they
would set up community
meetings for each community
in the county.
Several of the comments
made by the crowd attending
were: .
— “I'm in favor of the
bonds, paying the jail off in
one year will be too much of a
burcf;,n for me, I couldn’t af
ford it.”
— “I want our commis
sioner and sheriff to build our
jail, not a federal judge telling
us what to build, he couldn’t
care less what it would cost.”
— “With the federal judge
ordering the county to buildg a
new jail, or renovating the old:
one, I see that out only con
cern is whether we pay for it in
one year or 10. As for me, I'd
rather spread it over a 10-year
period, and I believe if all
citizens of this county unders
tand what's involved I believe
they will vote for the bonds;
too."
Assistant District Attorney Reviews West Trial
By PAM PURCELL
Staff Writer
The controversial wine bottles in the murder trial of
Samuel Tony West contained no evidence of LSD, THE
NEWS learned last Thursdag' morning after the gag order
surrounding the trial was lifted.
West was found guilty of armed robbery and two
counts of murder and sentence to death bg a Chattooga
County jury Wednesday, March 9, for the brutal Dec. 12
slaying of 56-year-old Charles L. Scudder and 44-year-old
Joseph Odom. The bullet-riddled bodies of the two men
and their two Old Enfill‘ish Mastiff dogs were found Dec.
16 inside their castle-like home near Trion.
Also charfla)d with the murders was 17-year-oid Ken
neth Avery Lowrance Brock. Brock pled guilty to the
charges prior to court and was sentenced to serve three
life sentences.
Chattooga County Assistant District Attorney Ralph
Van Pelt told THE NEWS the bottles were analyzed dur
ing the course of the trial. But, because of a 10-day
discovery rule on evidence, Van Pelt said the state was
unable to brin% out the results of the tests on the bottles
during the trial.
West said the murders happened after he and Brock
drank wine with Scudder. West contended that the wine
was laced with LSD. Vials of LSD-25 were found in Scud
der’s desk drawer in the house during the murder in
ves&%’ation.
en the district attorney’s office learned of the LSD,
Van Pelt said, “I felt there was no sifm'ficance to the fact
that LSD was found in the house. After talks with the in
vestigators, statements from the eye witnesses and view
ing the crime scene, I felt it (the motive) was an ultimately
apparent robbery/murder.”
Van Pelt said the bottles, along with syringes found
during the investigation, were given to the state crime lab
for analysis. All test reg:rts came back negative for LSD
or any other common hallucinogenic drug in the bottles
and syringes. Van Pelt said he attempted to admit the test
results into evidence, but it was objected to by the
defense attorneys because of the 10-day rule.
. As for the alleged guest book and the testimony of
Tracy Wilson, who said she thought the wine had some
type of drugrin it when she drank it at the Scudder
residence, ‘The jury obviously did not credit her
testimony,”’ said Van Pelt. ‘‘From documents in the (Scud
der) house, talks with people who knew him and talking to
B T B 8 1 1 5T A T 156 1 835 A I M RS
SUMMERVILLE, CHATTOOGA COUNTY, GEORGIA 30747 — THURSDAY, MARCH 17, 1983
Proposal Would Put County’s
National Forest Up For Sale
By JAMES BUDD
News Editor
A proposal by President
Reagan and the U. S. Depart
ment of Agriculture to sell
more than six million acres of
national forest lands would
put an end to U. S. Forest Ser
vice management of Chat
tooga County's nearly 18,000
acres of forest lands.
Chattahoochee-Oconee Na
tional Forest Supervisor Pat
Thomas said Tuesday that 13
glercent of the Chattahoochee
ational Forest and 31 per
cent of the Oconee National
Forest in_central Georgia
would be put up for sale under
the proposal.
“These lands make up the
Forest Service contribution to
the Federal Assets Manage
ment program — an effort
begun by the President in
1982 to improve federal
management and dispose of
unneeded federal property,”
said Thomas.
All of the western block of
the Chattahoochee Forest,
which includes 61,000 acres
land in Walker, Chattooga,
Whitfield, Gordon, Floyd and
Catoosa would be listed in a
Category 3 status, which are
Resident Continues
Fighting With City
By JAMES BUDD
News Editor
The Summerville Council
Monday voted to order a city
resident to install three water
meters at his trailer park
rather than install just one
master meter, as is standard
practice throughout the city
and county for trailer parks”
UNCLE NED'S
Dear Mr. Editor:
Boy ima glad that trial is
over, now maybee wez can git
back to normal. That was
shore on everbody's mind tho
while the trial was a going on.
I sawed in yer paper
whereby wez might git a in
dustrial park. Mr. Editor even
I knows that it is the most im
portant step our county can
take right now to git new in
dustry in here. QOur people
need to go back to work. 1
shore hope that this site pans
out.
Yores Truly,
UNCLE NED
lands intermingled with
private property where sales
could lead to more effective
ownership for both federal and
non-federal owners.
According to Jim Kidd
with the Forest Service in
LaFayette, the entire western
district would be eliminated
from federal manaiement.
“It's a long way from happen
ing,” said Kidd. ‘I expect to
be flooded with calls from peo
rle who want to know the
and’s worth, but it will be two
or three years — if ever —
before it ha;:rens."
Kidd said a proposal has
not even been introduced in
Congress, thoufih one should
be expected in the near future.
Kidd said the President re
quested that the USDA supp
ly the management program
with a list of lands that could
be sold. The U. S. Forest Ser
viece, which is a division of the
USDA, supplied the data for
the report.
The Cohutta Wilderness
Area, Ellicott Rock
Wilderness Area, the Ap
alachian Trail, the Chattooga
BVild and Scenic River and
proposed wilderness areas
would be exempt from the
The resident, Kenneth
Flood of Peachtree Street,
said the council’s vote would
cost him more than SI,OOO
and he said the action was
just one incident in a three
year period of discrimination
against him. Flood said he is
considering a lawsuit against
Loe city. " :
The council voted 3-2 for
allowing the installation of
three meters, a proposal put
before the council gy Coun
cilman Earl Parris, who is
Flood's neighbor. Councilmen
Parris, Ira Pollard and Hubert
Palmer voted for the proposal,
while Councilmen Clint
Agnew and Dennis Cox voted
against it.
Flood told the council last
month that an ongoing feud
has developed between
himself and Councilman Par
ris.
“Why should I have to put
in three meters when every
other park in this county just
has one?"’ said Flood.
“Do you think that's fair?”’
Flood asked Mayor Sewell
Cash, who also has a trailer
park with one master meter.
“Frankly I don't,” said
Mayor Cash, who can only
vote in case of a tie.
“There's not but three of
see RESIDENT, page 9-A
people in Chicago, I think sli&pins a ‘mickey’ to someone
would be the last thing that Scudder would gave done. He
had even stopped Odom from smoking.”
‘““And, there was no guest book turned up during the
investiiation.” continued Van Pelt. ‘“As far as I know, one
(guest book) never existed. The eyewitnesses made no
mention of a book. All that was taken from the house was
clothes, silver, gold and jewelry — no book.”’
The surprise testimony of Brock during the West trial
did not go exactly as the state had planned it. “We ex-
Bvecbed rock’s testimony to do extensive damage to
est,”’ explained Van Pelt. ‘“‘Brock had said he had been
there prior to the murders several times. He had drank
wine with Scudder and just in general had friendly visits
with them.”
““Then he got with West and when West heard about
all the ‘‘stuff’’ in the (Scudder) house he said anybody that
had that would have a lot of mont‘?' around,”’ continued
Van Pelt. “The first time Brock and West went up there
(before the murders), West got the idea of robbing them.
He and Brock discussed the idea practicall{ everyda{ un
til it happened. They had %lanned the robbery at least
three to seven daX; before. hefi'uvlvere not sure of the ex
act time. They didn’t discuss killi 5 them, they were only
oing to rob them at first. Brock killed Odom and it went
From there. All of this information is according to Brock.
We were hoping he’d tell that on the stand.”
As for the outcome of the trial itself Van Pelt said, ‘I
feel good about it. I believe the death penalty is a proper
and vital punishm%nt. When I was younger I had my
doubts. But, since I've been with the district attorney’s
office and seen some of these people, eglPecially like Tony
West, 1 know it’s a vital punishment. They’re dangerous
in prison or anywhere else. Just locking them up isn’t
enough.
“gome say the death penalty is just revenge,’ con
tinued Van Pelt. “I didn’t think so. Now I'm not so sure.
My response would be so what. It’s the people’s feelings
and society sort of expects that. The death penalty
reassures the community that some crimes are not
tolerated, that some crimes deserve the ultimate punish
ment.”’
Van Pelt said under the law an appeal in the death
sentence is automatic without West even having to ask
for it. The first ag)%eal will go before the Georgia Supreme
Court. Asked if he was concerned about the appeals
see ASSISTANT, page 9-A
stu%.
e Category 1 property
included 273 acres in Georgia
which are needed ad
ministrative sites, lands need
ed for community devbelop
ment, lands now under special
permit to state, local govern
ment and summer homes. The
second category includes 82
acres for special use permit
Mrs. Neelley Tortured
Youth Before Shooting,
Court Testimony Shows
By PAM PURCELL
Staff Writer
The trial of Judith Ann
Neelley continues today after
almost two weeks of
testimony concerning the
torture-slaying of a 13-year
old ’lgirl from fiome last year.
he body of Lisa Ann
Millican was found in Little
River Canyon last-September
several days after she disap
peared from Riverbend Mall
while on a shopping trip. Miss
Millican was living at a facili
ty in Cedartown for abused
and deprived children at the
time of her murder. She was a
resident of LaFayette.
According to reports, so
far the testimony has shown
that the 18-year-old Mrs.
Neelley injected a syringe of
drain cleaner into the teen
ager’s neck and when that did
not appear to be effecting her,
Mrs. Neelley injected her with
Circuit Judge Paul Painter
Plans Retirement In August
Superior Court Judge Paul
Painter tendered his judicial
resignation Monday to
Georgia Gov. Joe Frank Har
ris with an effective resigna
tion date of Aug. 1.
Painter, 67, who has been a
Lookout Mountain Circuit
superior court judge for 19
years, said Tuesday he was
“worn out’’ after his years of
service. “I'm getting a little
too old to carry on the work,”’
said Painter in a telephone in
terview Tuesday. “I don’t
know how long it's been since
I've gone to bed before mid
night.”
Judge Painter, a native of
Denmark, Va., said if the 60
area which no higher public
use is foreseeable. There are
129,794 acres of land which
are in Cat,e%ory 3, including
Chattooga's land.
““The identification of
these lands completes the first
g‘hase of the program,” said
homas. ‘‘Congress. will not
have to pass legislation before
the forest service can take anv
two additional syringes of
another type of drain seaner.
testimony showed. An
Alabama investigator
testified that Mrs. Nelley con
fessed to him that she shot the
youngster because she did not
die quickly enough. The teen
afier was shot in the back and
allegedly pushed into Little
River Canyon. She reportedly
had been sexually assaulted.
According to reports, Mrs.
Neelley alleged that the teen
ager would get into trouble
and it was better for her to die
than it was for her to be in a
youth detention center. She
told an investigator that Miss
Millican begged to be taken
back to the children’'s home
and promised she would not
go to the police.
Mrs. Neelley, the mother
of a set of twins, was ls)regnan!:
with her third child at the
time of the murder. Mrs.
hours a week or more he has
worked in the last 19 years
were combined, ‘‘it wou{d be
more like 25 or 30 years I have
served.”
Painter said he tendered
his resignation early to give
the state’s Judicial
Nominating Committee time
to select a qualified candidate.
He said the candidate would
come from the Lookout Moun
tain Circuit, encompassing
Dade, Walker, Chattooga and
Catoosa counties in northwest
Georgia.
Painter said he would most
likely become Senior Visiting
Judge after his retirement in
August.
; *® ’ K 'i\ e .
4 r- b
; S
21 g o
o < % E
i = O gy
N\
. j
E v;‘ .
s K t{._\.., i) :
4B , f
-~ gy -
. o Y
;(\ - t ‘ ; | | i
1 . |
¥
’ \ i 14
RALPH VANPELT
... assistant district attorney
PRICE 20c
further action. It is not known
at this point when such
legislation will be introduced
but it is anticipated in the
near future.”
Walker Countgehas 19,000
acres of Forest Service land;
Whitfield has 11,000; Gordon,
8,000; Floyd, 6,500 and
Catoosa has six acres.
Neelley reportedly lfzve birth
to the twins while she was in a
detention center. Mrs. Neelley
reportedly told Alabama In
vestigator Danny Smith that
the twins were sf;epin in the
back seat of the car wfien she
shot Miss Millican. Mrs.
Neelley gave birth to a son in
January.
Mrs. Neelley, relpresented
by Robert French, pleaded not
guilty and not guilty by
reason of insanity. She
reportedly said she was so
brainwashed Dby her
29-year-old husband, Alvin
Howard Neelley Jr., that she
was more afraid of him than
she was of police. Defense
lawyers hore to show that
Mrs. Neelley lived under
Neelley's control and that she
was no more than a ‘“‘robot”
carrying out his orders. They
see NEELLEY, page 9-A
Judge Painter said his
resignation was not because of
health reasons. “Last week I
was awakened four out of five
nights from sleep,” he said.
“When you reach my age it's
hard to get back to sleep.’’
Painter, who has three
years left on his term, said he
is uncertain who the
nominating committee will
recommend to Gov. Harris.
Painter received his law
degree from Chattanooga Col
lege of Law in 1944, though he
began practice in 1943. He
served two years in the U. S.
Army during World War 11
and now lives in Rossville.