News from March 13, 2003 issue
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Judge closes hearing, sets new trial date
Chickens due back in court June 2

District Judge Rene Williams closed hearings in the so-called chicken case Wednesday morning despite objections by The Crittenden Press and two other newspapers present in the courtroom.

After nearly an hour behind closed doors in the judge's chambers, the judge, prosecutor and other attorneys in the case returned to open court. There, Judge Williams explained her reasoning for holding the hearing in private. She also said defense motions to dismiss the case were denied and that a new trial date has been set for June 2.

"Nothing was going on in there that's secret," Williams told reporters after hearing arguments in chambers. "I just felt like this case has obviously taken a life of its own. It's a very important case to both sides.

"Some of the things that have gone on make it seem like it's not as serious as it is," the judge added. She also made a video and audio tape of the private proceedings available to members of the media.

The case involves 10 residents who filed criminal charges against Tyson Foods and B&G Poultry, alleging that smells emitted from the chicken-growing facility near Marion were creating a nuisance. The complaints were filed in the summer of 2000. After two days of testimony two weeks ago, a mistrial was declared in the case.

From the videotape, it was ascertained that attorneys for Tyson and B&G argued that statements made by the prosecutor and jurors after the mistrial created an atmosphere whereby their clients cannot get a fair trial. They also invoked the "double-jeopardy" clause, a Constitutional right which prohibits a person or persons from being tried for the same charge twice.

Tyson attorney John Tarter said that nothing in the first trial warranted a mistrial. He said his request for the jury to view the chicken farm was admissible and violated no statutory law.
It was that request in open court, in front of the jury, that drew objection from prosecutor Alan Stout and eventually led to the mistrial.

Tarter questioned the ability of a Crittenden County jury to render a fair verdict in light of the post-mistrial publicity.

The chicken company's attorney pointed to Stout's comments to the media, including his calling Tarter's courtroom tactics a "cheap shot" following the first trial.

Stout stuck to his guns as he argued for the case to be retried.

Stout said that defense attorneys should have asked for a jury viewing of the chicken farm in private.

He said the judge would have had to first rule on a variety of issues, like what the jury could have seen and who else would have been able to go like attorneys or defendants. Stout noted too that no arrangements were previously made with the sheriff to provide transportation to the site. He said that the jury would also have had to view the residences of each individual complainant in order to get the full picture.

"If the defense was serious about the motion, it should have been dealt with in chambers," said Stout.

In regard to his post-trial comments, Stout said they were made after the jury had been released and that his statements had no affect on the first trial.

"If the judge grants the commonwealth's motion and this case is tried again, it will be from a completely different jury pool," Stout said.

The prosecutor did say, however, that he will no longer discuss the case with the media.
Judge Williams denied the defense motion for dismissal and granted a new trial.

Tyson's attorney Tarter hinted that the case may not be able to be fairly tried in Crittenden County, an indication that he may seek a change of venue. Tarter left the courthouse after Wednesday's hearing and was not available for comment.

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EDITORIAL COMMENT
Judge wrong to close court hearing

Last week, Crittenden County Judge Rene Williams denied public access to a hearing in the case that involves 10 local residents who claim a chicken-growing facility near Marion is creating a nuisance.

The judge held the hearing behind closed doors in private, which is a direct violation of the First Amendment to the U.S. Constitution. She provided no legal foundation for the private hearing.

Countless legal precedents show the judge was wrong in denying a public hearing in this matter, including but not limited to a Kentucky case, The Courier-Journal vs. Peers.

Before the court last week were motions from the commonwealth's prosecutor to set a new trial date for the case and a hearing on defense attorneys' motion to dismiss charges against their clients, corporate giant Tyson Foods and local contract chicken-farmer B&G poultry.

This chicken ordeal has been an ongoing affair for Marion and Crittenden County since 1997. This particular case stems from criminal complaints filed more than two years ago. The judge declared a mistrial after two days of testimony in the original trial last month.

This case and its subsequent ramifications are important to everyone involved, including the citizens of this community. It also may have far-reaching effects on the chicken-growing industry.

Shutting out the media, the eyes and ears of the people in this community - or in a broader sense the eyes and ears of our state and nation - without statutory or fundamental reason is unexcusable.

It should be made clear that Judge Williams did allow the media access to a videotape of the close-door proceeding immediately following its conclusion. However, as we explained to the court after that hearing, videotape may not tell the whole story. Recorders can be stopped and started at will. Whether it was in this case, we don't know for sure. That's precisely why it was wrong to close the hearing.

By shutting the door on what should be a public proceeding, Judge Williams created a climate ripe for criticism and skepticism. She told us afterwards that there were no secrets.

If there is nothing to hide, then why veil this hearing in secrecy?

The public's right to court proceedings is a basic thread in our country's fabric. We cannot fathom why the judge would create an illusion of secrecy in this case. Keeping its proceedings open and in the public light is the only way to preserve the integrity of the court and to prevent such decay of trust.

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Middle school separates boys & girls
No longer will boys and girls match up in co-ed basketball, kickball or volleyball. Nor will they share the same classroom during health, math or practical living discussions.

Instead, students at Crittenden County Middle School will be assigned to gender-specific classes in an effort to decrease distractions and increase class participation.

The CCMS site-based council approved the gender-specific schedule for the 2003-2004 school year Feb. 26 after several months of consideration. The program is being modeled after a similar one initiated last fall at Paducah Middle School.

School-wide gender specific instruction is prohibitive, according to Principal Vince Clark, because of staff limitations. Only sixth graders will have 100 percent gender-specific instruction.

Sixth grade boys and girls will be separated in every class from math and science to health, PE and art. The only interaction girls and boys will have will be during breaks between classes and at lunch.

Clark said about 40 percent of seventh grade classes will be separated by gender. Language arts, academic enrichment rotations - including practical living, arts and humanities and writing - as well as special classes such as P.E. and music will be gender-specific in seventh grade. Clark said the middle school does not have the staff to teach girls and boys separately in three different levels of math. For that same reason, gender-specific classes will be limited to academic enrichment and special classes in eighth grade as well.

Clark believes the rewards of same-sex classes will be largely noticeable in special classes like health, P.E., and music.

"In the health issues class there are discussions that are sensitive between boys and girls, and boys have reservations about singing in front of girls in music class," Clark said, noting that both sexes' inhibitions likely will be reduced among same-gender peers.

"There are some barriers," Clark said. "Like band, you can't have a girls' band and a boys' band, and special ed classes will possibly be mixed."

While there is no research that shows same-sex classes will boost student achievement, Clark believes it is a pro-active step toward improving both test scores and behavior.

Clark said it may take three years of test data to get an accurate reflection of the benefits of same-sex classes.

"I feel really good about the potential for success," he said. "Students will be more focused on what they're doing here at school."

Two die in auto accidents
A Marion man died early Monday morning from injuries he received late Sunday night in a one-vehicle accident on Ky. 91 in rural Crittenden County.

Joseph M. Warner, 19, was a passenger in a car whose driver was attempting to miss a deer in the road, according to a report from Kentucky State Police Trooper William Braden.
The police report said the accident happened approximately two miles north of Marion and was reported at 10:20 p.m.

Warner and two others, 16-year-old John R. Martin and 42-year-old Ricky B. Warner, were riding in an eastbound 2000 Chevrolet Cavalier driven by Janette K. Winters, 34, of Marion.
According to police, a deer crossed the road in front of the car and Winters, attempting to avoid a collision with the animal, lost control of the vehicle. The car left the highway, overturned and hit a tree.

Joseph Warner, the only person injured in the accident, was taken to Crittenden Hospital where he was pronounced dead at 1:08 a.m. Monday.

Everyone in the car was wearing a seatbelt, police said.

Crittenden County Rescue and Crittenden County EMS assisted state police at the scene.
In another accident last week in Union County, a Marion woman died from injuries suffered when her car collided with a tractor-trailer rig.

Julia McCandless, 42, was eastbound on U.S. 60 in her 1998 Ford at 2:35 p.m., March 3. A police report said she failed to yield the right-of-way at the bypass intersection, and collided with a tractor trailer traveling northbound on the bypass.

McCandless was taken to Union County Hospital then was transported by helicopter to St. Mary's Hospital in Evansville, Ind., where she was initially reported to be in stable condition Monday evening. She died on Tuesday.

The driver of the truck, Ralph Maloney, 57, of Marion, Ill., sustained no injuries in the wreck.

Local constable charged with DUI, resisting arrest

Crittenden County Constable James D. Binkley was arrested by Marion police Friday night on several charges including resisting arrest and suspicion of DUI.

Marion Police Officer Ray O'Neal initially stopped Binkley, 54, after he allegedly crossed the center line while driving on Chapel Hill Road.

After a series of field sobriety tests, O'Neal's police report said that Binkley told him he was a Crittenden County constable and that he was going home.

"I told him he wasn't going, but he started to walk around me," said O'Neal's report narrative about the incident.

O'Neal's report also said that after several attempts to handcuff the suspect, Binkley was sprayed with pepper spray three times before he was secured in the police car.

O'Neal charged Binkley, elected to a two-year term in November, with operating a motor vehicle under the influence of alcohol third offense, driving on a DUI-suspended license, expired registration, failure to register transfer, no insurance, resisting arrest and possession of an open alcoholic beverage container in a motor vehicle. Evidence taken from the vehicle included a six-pack of Busch beer and a one-quart jar containing clear liquid, what police believe could be moonshine whiskey.

Binkley was lodged in the county jail.

O'Neal said the incident, which took place in a driveway near the intersection of Industrial Drive and Chapel Hill Rd., was on videotape from the police cruiser's camera.

Officers who assisted were Rick Riley, Donnie Arflack, Don Perry and Greg Rushing.