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  Winklers File Restraining Order to Keep Mary Winkler Off Oprah Show    
  
By Linda Bolton
linda@mckenziebanner.com

Mary Winkler is scheduled to appear on The Oprah Winfrey Show Wednesday for her first-ever interview since being convicted in April in the shotgun slaying of her minister husband, according to Oprah’s Web site.

However, on Monday, a motion for order restraining parties and their counsel was filed in Carroll County Chancery Court in an attempt to prevent Winkler from appearing on the show.

Chancellor Ron Harmon was expected to hear arguments on the motion via telephone Tuesday morning to determine whether Mary Winkler will appear on the show. A decision in the matter was expected just after the Banner’s press time Tuesday. Results of the decision will be published on the Banner’s Web site as they become available.

The order stated in part “It is in the best interest of the children to live normal lives and it is not in their interest for their private lives and problems to be aired in the newspaper and on television. No good can come of it. Petitioners (Charles Daniel Winkler and Diane B. Winkler) believe that an order from this court, restraining the parties and their counsel from commenting on the above-styles case and any underlying facts thereof would be in the best interest of the minor children. An answer to the motion had not been announced at press time.

The Winklers said they’re capable of responding to her allegations that their son abused her and have had ample chances to do so. Still, they don’t believe it’s proper to try the case in the media, the motion says.

If allowed, the one-on-one interview with Oprah will air locally Wednesday, September 12 at 4 p.m. on WBBJ-TV Channel 7.

According to Oprah’s Web site, Winkler, 33, is scheduled to talk about abuse within her marriage, reveal details from the day her husband died, and share why she’s decided to speak out now.

Mary Winkler accused her late husband, Matthew Winkler, 31, of verbally, mentally, physically and sexually abusing her during their nearly 10-year marriage.

“Mary has a message for the public, that being that she doesn’t want to see anyone else end up in the same situation that she did,” her attorney, Steve Farese Sr. told The Jackson Sun during an interview last week.

“She doesn’t want another tragedy to occur. She now has therapy and has been made aware of all the signals and signs of what abuse can do to you, and knows how to recognize that,” Farese said. “And she wants to express that to the public in hopes that she can save someone else from going through what she’s had to go through.”

Farese told The Sun that some of the show has already been taped in his Ashland, Mississippi office. He did not know if Winkler could or would go to Chicago for any portion of the show or if any of it would be done live.

Farese was asked also if Winkler was paid to do the show.

“Absolutely not,” he said. “nobody’s been paid anything.”

Farese, members of his law firm and Memphis attorney Leslie Ballin handled Winkler’s criminal case pro bono (work undertaken without payment, as a public service). They estimated that the cost of the work they did not the case totaled nearly $500,000.

Winkler was sentenced to 67 additional days in jail. She spent 12 days in jail and approximately two months in a mental health facility. She was released from the mental health facility on August 14 and returned to McMinnville to work and live with friends.

Winkler had asked the Supreme Court to intervene in her court battle to regain custody of her children. On Tuesday, September 4, the court declined to hear Winkler’s appeal.

Matthew Winkler’s parents, Dan and Diane Winkler of Huntingdon, now have custody of the Winkler’s three girls, Patricia, 9; Mary Alice, 8; and Brianna, 2.

Dan and Diane Winkler are asking the Carroll County Chancery Court to terminate Mary Winkler’s parental rights and allow them to adopt the children.

On Monday, Mary Winkler through her attorneys Kay Farese Turner and Rachael E. Putnam, also filed an emergency motion asking for the return of her three children or, as an alternative, regular visits with them.

         
         
  Copyright 2007. Use by permission only.
 
     
  Football Dedication Night is September 21      
  
MCKENZIE (September 11) Excitement is building as the football stadium Dedication Night and football reunion nears. A special dedication night is planned for September 21 at the recently renovated Rebel Field in McKenzie. Plans for the weekend include a pre-game barbecue for former football players. Murray McCaleb and crew will prepare hundreds of plates of pork barbecue. Former players are invited to eat free of charge with the ticket they receive in their invitation. Additional plates will be available for the general public at a cost of $6.00. Proceeds benefit the youth tackle football program in McKenzie.

Letters of invitation are being mailed to former football players encouraging their participation in the special event. Any former player who does not receive a letter in the next few days should contact McKenzie High School.

McKenzie High School Principal Terry Howell wrote, “To all former MHS football players, we will have a Dedication Night for our renovated stadium on September 21. Different people are responsible for different classes so all the invitations may not have been sent. We hope that all the letters will have been mailed by the end of the week. Please know that even if you have not received a letter that you are a valued alumnus of our school. We invite you to the barbeque prior to the game and to a special recognition of football players by the decade they played. It promises to be a special night for all. We encourage you to attend.”

On Saturday, September 22, a golf tournament at Carroll Lake Golf Course is planned. McKenzie High School Golf Team is coordinating the event. Persons interested in participating should contact Coach Larry Joe Smith.

The reunion committee consists of: Joan Gibson, Clay Kirk, Terry Reeder, Murray McCaleb, Karen McCaleb, Jodi Johnson, Jimmy Padgett, Kenny Mitchum, Joe F. Williams, Tommy Patterson, Terry Howell and Joel Washburn.

For more information, write Joel Washburn at reunion@mckenziebanner.com or write Football Reunion, P.O. Box 100, McKenzie, TN 38201-0100 or phone McKenzie High School at 731-352-2133.
 

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  Copyright 2007. Use by permission only.
 
     
  Mayor Responds to Sheriff’s Lawsuit,
Asks for Dismissal
     
  
By Joel Washburn
washburn@mckenziebanner.com

HUNTINGDON (September 10) Carroll County Mayor Kenny McBride filed his answer to Sheriff Bendell Bartholomew’s complaint filed August 31 in Carroll County Circuit Court by Matt Maddox of the law firm Maddox, Maddox, and Maddox. McBride answered the particular itemized complaints and asked the sheriff’s lawsuit be dismissed by the court.

McBride’s response was filed Monday by county attorney Robert T. Keeton, Jr. of the Keeton Law Offices in Huntingdon.

Tennessee law requires the suit be filed against the county mayor, who is the chief fiscal officer of the county.

Circuit Court judges Creed McGinley and Donald Parish, who serve Carroll County, have recused themselves from hearing the case and the Tennessee Supreme Court will appoint a judge. McBride said, “More than likely, it will be January (2008) before the case is heard.”

Bartholomew, who was first elected in 1994, requested an increase of $1.3 million for his department including pay increase requests ranging from 28.2 percent for the chief deputy to 6.1 percent for jailers. The sheriff’s salary is set by state law.

The sheriff’s request for an additional $1.3 million appropriation was denied by the Carroll County Commission when the 2007-2008 budget was approved August 14.

In his lawsuit, Bartholomew requests additional personnel including nine additional deputies; and 16 new patrol cars including a four-wheel drive Ford Expedition for himself. In the suit, Bartholomew said the department lacks sufficient personnel, equipment and supplies to perform all statutory and constitutional duties and those duties are not being performed because of lack of funding.

During a Purchasing Committee meeting last week, a total of nine new police interceptor Ford Crown Victorias were approved for the Sheriff’s Department at a price of $23,170 each. Delivery is expected in 60 to 90 days from Tri-County Motor Company of McKenzie, the successful bidder. The new cars were included in the 2007-2008 budget approved in August. Bartholomew has the discretion to trade-in any of the current fleet as he wishes, said McBride.

Bartholomew requests the following number of personnel and pay schedule: one chief deputy at an annual salary of $42,382; 21 deputies at $31,213.55; four sergeants at $35,076.02; three investigators at $34,099.02; eight dispatchers at $27,079.47; one chief jailor at $34,237.72; nine jailors at $26,358.47; one clerical person at jail at $27,350.58; and one cafeteria person at $24,339.80. Additionally, the sheriff requests holiday and overtime pay for all employees, a three percent annual increase for all employees over and above the requested performance salary increase.

In June, 2007, Carroll County Sheriff’s Department had 11 road deputies, four sergeants, one chief deputy, three investigators, four dispatchers, and 10 jailers.

The county, represented by McBride, requests strict proof why the sheriff needs the additional deputies and vehicles. State statutes do not authorize the court to mandate vehicles, said McBride’s response. The response also says, “It is denied that the sheriff is entitled to any personnel (as set forth in said paragraph) as to the number of deputies or assistants other than those approved by the Budget Committee of Carroll County for the year 2007-2008, as the complainant does not establish the necessity, therefore or reason for any increase in salary, or create any fact situation to show the inability of the sheriff and his department to perform their statutory duty…Further, this court has no jurisdiction to award an increase in the number of personnel, or salary in assisting in ex officio duties.”

McBride said Bartholomew’s lawsuit has additional requests that were not in the original requests to the Budget Committee. “The sheriff has failed or refused to state or demonstrate the necessity for an increase to the county Budget Committee or to the legislative body of Carroll County, thereby leaving the county with the only explanation being, “This is what I (sheriff) want, and if I don’t get it, I’m going to court” without consideration of the needs of other departments of the county, the revenues of the county, as to the availability of funds or the lack thereof, based upon anticipated revenues coming to the county of Carroll , or establishing any current need as to his present department, as to why he is unable to now perform his statutory duty as he and his department have done in the past.

“Further, the Budget Committee and legislative body of Carroll County increased the funding for the sheriff’s department for the fiscal year 2007-2008 without any participation from the sheriff or his representatives, as it did for all other participating departments or offices.”

Bartholomew indicates the need for more manpower due to the growing rate of drug arrests and the increasing duties of his department to serve court papers, respond to calls throughout the county, respond to motor vehicle accidents, transport prisoners, and provide courthouse security during court proceedings. The department is additionally responsible to investigate acts of domestic violence, monitor all sex offenders, and operate the jail. Bartholomew’s petition indicates planned “security measures originally designed to be implemented in the recent courthouse renovation could not take place through architectural or contractor error, even though budgeted to be paid for out of the courthouse renovation tax.”

McBride’s response said that the sheriff’s own reports to the Tennessee Bureau of Investigation indicate an overall decline in crime and arrests in the county of Carroll. As for the courthouse renovations, which occurred from August 2005 to August 2006, McBride indicates that all safety measures, originally planned for the courthouse, were implemented. There were no omissions, said McBride.

The sheriff’s lawsuit indicates the county’s population increased 7.1 percent from 1990 to 2000 and is anticipated to grow more rapidly in the near future especially with the construction of the new recreational lake, scheduled for completion in 2010 or 2011. Carroll County has approximately 30,000 citizens, 599 square miles of land mass, and 1,100 miles of state, city, and county roadways, according to the lawsuit.

McBride’s answer indicates the sheriff cited incorrect population figures. The U.S. Census Bureau estimates the county’s population has actually decreased since 2000, not increased.

According to census.gov, Carroll County’s 2006 estimated population is 29,060.

The suit says, “The salaries for the current employees of the Carroll County Sheriff’s Office are not sufficient for the retention of current experienced employees nor for the attraction and hiring of new qualified employees. Salaries in adjacent counties for similar positions are higher than those budgeted now in Carroll County.”

The mayor replied, “The sheriff has not shown an inability to perform his statutory duties because of lack of funding, nor an inability to retain or hire deputies, as the salary at present equals, is comparable to, or exceeds that of local law enforcement in surrounding counties of like population, and most especially if one calculates benefits with salary. The reply indicates the sheriff is under statutory duty to show the necessity for more deputies and the number needed, with salary, and has the burden of proof to show that he is unable to perform his statutory duties. He is further required to show he devotes his full time and that he is unable to perform his duties absent additional funding.

Maddox told WBBJ-TV that the county would not be in this situation had the the county mayor and the county commission done its job over the past 15 years. During the time period state by Maddox, the county has been served by four county mayors – Wesley Beal, Walter Butler, Billy Murphy, and Kenny McBride, and two sheriffs, Doug Brandon and Bendell Bartholomew.

At the close of June 1994, when Bartholomew took office, the department budget was $662,000 annually. Today, the department’s annual budget is $1,948,214.

Mayor Kenny McBride said the sheriff's request would have required a tax increase of 43 cents per $100 assessed value on real property. That’s approximately a tax rate increase of 43 percent. Commissioners set the tax rate at $1.00 per $100 assessed value, an 8.6 percent increase over the certified rate to fund the 2007-2008 budget including the three percent raise for all county employees.

The mayor said the county already pays 75 percent of both workers' and dependents' major medical insurance for participating county employees. Very few counties offer such a generous insurance package, according to McBride.

The county's monthly portion of the health insurance coverage, provided by Blue Cross-Blue Shield, is $383 for individual, $766 for two persons, and $1,079 for a family on Network P, or $356, $712, and $1,003 respectively for Network S.

The sheriff's budget was first discussed in May when Bartholomew first presented his requests to the Budget Committee. At the first and subsequent Budget Committee meetings, Bartholomew was accompanied by Maddox or a representative of his firm.

The county is obligated by state law to pay all legal costs for the plaintiff and defendant.

In the motion to dismiss, the mayor indicates the sheriff’s duties are the same since he was first elected in 1994. Bartholomew “fails to state a factual basis for the necessity for more deputies, the number required, and the salary to be paid,” according to the motion to dismiss. He notes the court has no authority to compel the county to purchase new vehicles. The sheriff currently has 28 vehicles in inventory and the county has approved nine new patrol cars in the 2007-2008 budget as well as salary increases and other benefits.

“The sheriff has failed in his pleadings to show how he is unable to perform his statutory duties with his presently authorized assistants and that the additions are necessary to enable the sheriff to perform such deputies,” read the motion to dismiss. “Additionally, the petition filed (by the sheriff) is not a sworn petition as required by statute in Tennessee Code Annotated.”

 
         
         
  Copyright 2007. Use by permission only.
 
     
  Early Morning Fire Destroys Huntingdon Warehouse      
    
By Joel Washburn
washburn@mckenziebanner.com


Firefighters battle a blaze at the former office area of the old shirt factory in Huntingdon.

Additional photos in our photo albums.

HUNTINGDON (September 7) – Members of the Tennessee Fire Marshal’s office were in Huntingdon Monday investigating the cause of a major warehouse fire last Friday. The former Publix Shirt Factory was reduced to a burned heap of twisted metal, smoldered wood and collapsed brick walls following the 5:30 a.m. fire.

The 33,293 square-foot building, which served as Jordan’s Trading Post’s warehouse, on Murray Lane, ignited early Friday morning. The Jordan family said “hundreds of thousands of dollars” worth of furniture and appliances were destroyed in the blaze. Owner Robert Jordan said he did not have insurance.

Neighbors said the building suffered from disrepair. It was originally built in the late 1940s, occupied by Publix Shirt Company until it closed in 1994. Later the Thomas Bradford Shirt Company opened there and closed in early 2000.


The Jordan family watch as their furniture warehouse burns to the ground.

The first report of the fire came from a person walking who “smelled smoke,” said Public Safety Director Joe Parker. A firefighter went to investigate and found flames coming from the sixty-plus-year-old building. The fire department was activated at 5:30 a.m. Other responding departments included the Mixie, McLemoresville, Pumper 1, based in Huntingdon. Parker said Mixie did an excellent job preventing the fire from spreading to adjacent building at K&P Recycling.

Students at the nearby Huntingdon Primary School were excused prior to the start of school Friday. Any students who had already arrived to begin their school day were bussed to the Huntingdon Middle School, where parents were encouraged to retrieve them.

Emergency personnel went door to door in the neighborhood to evacuate occupants downwind of the blaze. Parker said approximately 30 to 40 nearby homes were evacuated on Mebanewood, Jones, and Armory streets. Smoke from the burning structure could be seen for more than 10 miles.
The Carroll County HazMat team was activated to assist along with an air quality monitoring team from Union City. Residents, except those on Mebanewood, were allowed to return home Friday afternoon. Mebanewood residents were allowed to return Saturday afternoon, said Parker. Surprisingly few homes had significant smoke damage, said Parker.

The good news is that recent rains ended drought conditions in the area. Rains last week kept the blaze from spreading to nearby houses and lawns, said Parker. Firefighters did an excellent job of monitoring nearby homes, said the chief. Heavy rains Friday afternoon provided welcome relief for the firefighters. Parker said the rain “cooled” the fire and aided in the battle. Volunteer firefighters kept around-the-clock vigil at the scene until the Fire Marshal’s office arrived Monday. Parker said the volunteers extinguished small flare-ups and provided security. Members of the Fire Marshal’s Office from Nashville, and local associates Johnny Hayes and Steve McClure assisted with the investigation.

Law enforcement officials from Huntingdon, Tennessee Highway Patrol and associates of the Huntingdon Public Works Department blocked streets to prevent sightseers in the area. Carroll County Electric Department shut off power to the neighborhood, later isolating the outage to the former factory building.

Parker said he wants to personally thank all the volunteers who assisted at the scene.

 
         
         
  Copyright 2007. Use by permission only.
 
     
  Postal Service Removes Stamp Vending Machines      
   
By Jimmy Gilliam
sports@mckenziebanner.com


The U.S. Post Office at McKenzie where the stamp vending machine was removed on September 5.

MCKENZIE (September 10) The United States Postal Service removed stamp vending machines in area offices on September 5. Officials stated that the machines were approximately 20 years old, with some machines in need of repair and replacement parts difficult to obtain.

Officials commented that statistics show that only 7% of the people nationwide use the machines since there are so many other ways to purchase stamps.

To purchase stamps at the U.S. Post Office, the customer service hours are 8 a.m. - 4:30 p.m. (Monday - Friday) and 8:30 a.m. - 12 p.m. (Saturday).

Other ways of ordering stamps are also available, such as ordering online at www.usps.com; by calling 1-800-STAMP-24; or ordering by carrier by way of supplied envelopes.

 
         
         
  Copyright 2007. Use by permission only.
 
     
  Judge Declines to Issue Restraining Order; Winkler on Oprah Show Wednesday      
 
Chancellor Ron Harmon of the 24th Judicial District declined to issue a restraining order prohibiting Mary Winkler from appearing on the Oprah Winfrey Show Wednesday, September 12 as planned. He also declined to issue a gag order. The court announced its decision shortly after noon Tuesday.

In addition, Judge Weber McCraw, who conducted the criminal trial and sentencing of Mary Winkler, prohibited her from traveling out of state except to her attorney’s office in Mississippi.

Mary’s taped appearance on Oprah is scheduled to air locally Wednesday at 4 p.m. on WBBJ-TV Channel 7.
 
         
         
       

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