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• ALDERMEN: Electric hike helps balance budget
• Staff in prosecutor's office working to catch up
• Former Salem publisher to join parents in state newspaper hall of fame
• Independence weekend features plenty of activities
• Almost 3,000 show up at Intercounty meeting despite heat
• Budget approved, copiers to be leased
Nash murder trial postponed until October
by Dwayne McClellan
Staff Writer
newsstaff@earthlink.net
The capital murder trial of Donald "Doc" Nash has been postponed until Oct. 26, according to a ruling made July 2 by Judge Douglas E. Long Jr.
Long was ruling on a motion from Nash's attorney, Frank Carlson, Union, asking that the July 20 trial date be set aside. The ruling came after a hearing in a Phelps County Courtroom.
Carlson was asking for a continuance due to what he claims is the state's discovery violations concerning evidence and documents and because his client has not been able to afford an independent DNA expert to rebut the findings of the state's DNA expert.
Prosecutor and assistant attorney general Ted Bruce was against postponing the date.
"The defense has all the materials and documents and enough information I feel to defend his client," Bruce said. "All the families involved have waited a long time. I don't see any purpose in continuing the case."
Long also on July 2 denied Nash's bail application.
Nash, 67, is charged in connection with the March 10, 1982, death of Judy Spencer in western Dent County. Nash has been held in jail since his arrest March 28, 2008, at his home in Beaufort. The case has been transferred to Crawford County from Dent County on a change of venue. His trial date had been scheduled July 20-24 in Pulaski County, with the jury selected from a pool of Crawford County residents.
"The defendant is not ready for trial July 20 and can not and will not be ready for trial by virtue of the state's discovery violations and by virtue of defendant's indigency," Carlson argued in the motion filed June 26. "This motion is not made to delay but merely to obtain substantial justice. The defendant is not guilty of any crime. The defendant must be allowed to defend himself effectively."
Carlson said Nash couldn't afford to retain an independent DNA expert to rebut the findings of the state's DNA expert and to defend himself effectively.
"This is a DNA case," Carlson said. "Without DNA evidence, the state would not have charged the defendant and could not have survived the preliminary hearing. "The state's DNA evidence is so preposterously thin as to be virtually non-existent, but it is by that tiny thread that this prosecution depends."
Carlson said that the state's theory is that because a tiny amount of Nash's DNA was allegedly found under a fingernail of the late Judy Spencer, that Nash must have killed her. Carlson said the state's theory ignores the fact that Nash and Spencer had lived together in an intimate relationship for an extended period of time prior to Spencer's death.
Carlson claims that the state violated the discovery process. He had issued a subpoena asking for certain records be released to the defense about how the state's DNA witness, Ruth Ann Montgomery of the Missouri State Highway Patrol crime lab, formed her opinion of the DNA testing. Not all of the information was received at a disposition June 2, he said.
Thomas Grant, a criminalist with the highway patrol and records custodian, said the withheld materials were at the Highway Patrol Crime Lab and that the state did not comply with Carlson's subpoena based upon an alleged policy with the highway patrol crime lab, according to Carlson's motion.
Carlson later asked Bruce about the items Carlson requested. On July 19, those items were delivered to Carlson. However, Carlson said he has not been able to confirm if those contents contain any or all of the withheld materials.
Carlson said Nash must have expert advice regarding DNA evidence in this case. A potential private company, Genetic Technologies in Glencoe, will not begin formal work on the case without first being paid a retainer.
But, because Nash has been in jail for 15 months he has been unable to work and help pay for his defense, Carlson said. Carlson said that it was his opinion that Nash had met requirements set by Long to meet a $1.2 million bail, but was not allowed to post bond.
"For a man of the defendant's limited financial means, the court's action in that regard effectively deprived Nash of funds which could have been employed to retain a DNA expert," Carlson said. "If the defendant had been admitted to bond upon complying with the terms this court told him would gain his release, he would again be working and earning money for his own defense."
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ALDERMEN: Electric hike helps balance budget
By Brenda Jessen
Staff Writer
newsstaff@earthlink.net
Salem's new $10.3 million budget for fiscal 2009-10 is balanced with funds to spare, and electric and water/sewer rates increase seven percent each.
In 3-1 votes, aldermen approved separate ordinances authorizing the electric rate increase and the new budget, and unanimously approved an increase in water and sewer rates during a special meeting June 30.
Alderman Kenneth Nash voted against the electric rate increase and the new budget, saying that more should be budgeted to improve the storm water system. He said cuts should be made on such items as the fuel system at the airport and donations the city makes to organizations and public programs. He mentioned utilities for the TCRC and Salem Fitness Center that is housed there.
The new rates went into effect Wednesday, the first of the month.
Mayor Gary Brown reported that the new budget includes anticipated revenues of $10,335,436 and expenditures of $10,131,305, leaving a surplus of $204,131.
Brown said the residential customer using 1,000 KWH will see their electric bill increase about $6 a month. Their water bill will increase by about $1 and sewer bill will go up by 72 cents a month for 5,000-gallon usage.
Brown said the rate increase is necessary as a result of increases from Sho-Me Power Cooperative. Sho-Me increased the city's wholesale rate by 10.87 percent in April and 34 percent last year.
A detailed list of the city's new residential and commercial rates are available on the city's website at www.salemmo.com.
The mayor said the new budget includes more than $700,000 in capital improvement projects.
No pay raise for city employees was budgeted this year, but their LAGERS retirement plan was upgraded to give them more money at retirement time, Brown said.
Brown said $100,000 was budgeted to the Electric Reserve Fund again this year and for the first time, $100,000 also was budgeted for the Sewer Reserve Fund.
"My hope and plan as the city's finance officer is that these reserve funds would have a year's funding in them," Brown said.
Brown said funds are budgeted for mapping of the city's sewer system, grant-share costs for airport improvements and soccer fields, street and sidewalk maintenance and equipment, a new police car and generators.
The city's Finance Committee has been meeting for the past few weeks to work on budget preparation. Alderman Jim McDaniels is the chairman.
"The budget represents a response to the community's public service needs through a balance between projected revenues and expenditures," Brown's budget letter read. "It funds established operational activities while focusing on activities which support long-term community investment strategies. The budget invests in and supports the municipal services, which play a significant role in improving the quality of the community and the lives of all Salem residents."
Other Action
In a 3-1 vote, aldermen approved liquor licenses for Salem's three Caseys General Stores, Hocker Oil Company (Gas Plus Convenience), Salem Bowling Lanes, BP Convenience Store, Phil-Mart, Roberts Sport Shop, Smokers Outlet, Wal-Mart, Breaktime Convenience Store (MFA) and the Fifth Street Pub.
Alderman Jim Jackson voted against the liquor licenses for religious convictions, he said.
Aldermen approved trailer court licenses for Truman Heights Trailer Court, Layman Mobile Home Court, Park Street Trailer Park and R & C Family Mobile Home Park.
A voluntary annexation request by Ralph and Laura Yohai for a home on Dillworth Lane was received. The request now goes to the Planning and Zoning Committee before aldermen will consider an ordinance on the annexation at a future meeting.
Aldermen also approved line-item budget adjustments in the 2008-09 budget and bills.
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Staff in prosecutor's office working to catch up
by Dwayne McClellan
Staff Writer
newsstaff@earthlink.net
A representative from the U.S. District Attorney's office is scheduled to be in Salem June 30 to see what cases it can take over as Interim Dent County Prosecuting Attorney Susan Bell and her staff work to catch up on a backlog of cases left behind by former Dent County Prosecuting Attorney Jessica Sparks.
"Some of the cases the U.S. Attorney's office can take are any pornography cases, cases dealing with firearms or the manufacture of methamphetamine and meth lab cases," Bell said. "These charges would be filed at the federal level."
Bell also has a verbal commitment from the Missouri Attorney General's office for assistance, and has talked to other prosecutors and attorneys about help.
"It's sad to see what happened, but we can't dwell on that," Bell said. "We need to get started, get things sorted out and get the job done."
Sparks resigned for medical reasons June 15, just 10 days after being served papers seeking her removal from office by the Missouri Attorney General. The AG's office alleged that Sparks was not performing the duties of prosecutor. Bell, a former assistant prosecutor for Dent County, was appointed as interim prosecuting attorney until Gov. Jay Nixon appoints someone to serve the position until the 2010 election.
With a combination of outside legal assistance and teamwork in the office, Bell said, the job can be done.
Her priorities are distributing more than $15,000 in restitution payments, getting the bad check program back on track and reviewing 253 cases that the Attorney General's office said had not been filed or prosecuted by Sparks.
"It's going to take some time," Bell said.
Bell said office staff has already distributed $15,000 in restitution funds since she took over the office. The money had been collected, but no restitution checks had been sent out since early March, she said.
"I've got about 30 months worth of bank statements to balance regarding restitution funds," Bell said.
Office staff has also been collecting bad check charges and depositing money into the county's bad check funds.
In the last week, $2,991.77 in bad check fees were turned over to the county treasurer. That amount was more than the previous deposits this year combined. The deposit brought the balance in the bad check fund to $6,023.05, which is only slightly down from $6,657.77 a year ago. The bad check fund is used to pay some expenses in the prosecutor's office.
"Just recently we found an envelope in the files with $1,400 in bad check money," Bell said. "That has to be re-ordered and distributed."
Bell said that office staff is handing restitution payments and bad check funds. That frees Bell up to review the backlog of cases to see what can be filed and what cases are nearing the statute of limitations. Distributing the duties, Bell said, will help the office catch up.
Vera Luttrell has returned to the prosecutor's office as a secretary, which helps the catch-up progress, Bell said. She had resigned earlier in the year.
Misty Ball and Jenna Homeyer also work in the office.
"One thing I started doing was training the secretaries on filings, preparing motions, filing motions, letters of notification and more of the day-to-day activities of the office, Bell said. "That helps get things done faster."
With the secretaries handing many of the chores, Bell said she could work on playing catch up with the felony cases.
Bell said three misdemeanor DWI cases have been filed and 14 felony charges of failure to return stolen property, all cases left behind by Sparks.
Bell said she is looking into more electronic filing of felony cases and may need to upgrade some of the computer equipment to do so.
Bell said that she and her office are putting in extra hours. She worked eight hours in a recent weekend and office staff has stayed late when needed.
"That's just part of the job," Bell said. "I think that with the offers of assistance, the secretaries doing more of the work and reviewing the cases, we'll get the job done."
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Former Salem publisher to join parents in state newspaper hall of fame
Missouri Press Association
Five people will be inducted in October into the Missouri Newspaper Hall of Fame, including former publisher of The Salem News, W. Ray Vickery.
The program will be held during the Missouri Press Association's 143rd annual Convention, which will be held in the Sheraton Kansas City Sports Complex Hotel.
Vickery follows his mother and father into the Newspaper Hall of Fame. Robert L. and Margaret Vickery were inducted in 1992, the second year of the Hall of Fame.
Ray Vickery earned a degree from the Missouri School of Journalism in 1961 while attending the university on basketball and Navy scholarships. He flew jets off aircraft carriers during the Vietnam War in the 1960s. After active service he flew as a test pilot out of St. Louis.
In 1969, Vickery joined his parents at The Salem News. He later became the owner and publisher of the weekly. He retired in 1998 and sold the paper to his stepson, Donald Dodd, current publisher of the newspaper.
"This is a proud time for the Vickery family and The Salem News," Dodd said. "The fact that Ray joins his mother and father in the hall of fame makes it even more special. All of them were involved passionately with the Missouri Press Association and the newspaper business and are deserving of the honor."
Vickery, whose wife June is a former Salem resident who now lives in Columbia, served as president of Missouri Press Association in 1990. During his term he visited the offices of virtually all 300 member newspapers of the association.
His mother's desire for a Dent County Museum became a reality in 1970. Members of the Vickery family served on the board of directors of the museum until 2006, when Ray Vickery resigned because of health reasons.
Among the many causes Mr. Vickery fought for was the improvement of Highway 72, the major highway serving Salem. He also vigorously supported local school projects and the children of the community.
Vickery loved the University of Missouri and Mizzou athletics. He died of cancer at age 67 on Dec. 1, 2006, less than a week after attending the Tiger football team's defeat of its arch rival Kansas Jayhawks.
This year's honorees also include:
• the late Lucile Bluford, longtime publisher of The Kansas City Call
• the late David R. Bradley Sr., publisher of the News-Press & Gazette Co., St. Joseph
• Brian Brooks, an internationally known journalism professor with the Missouri School of Journalism
• Frank L. Martin III, publisher of the West Plains Daily Quill
The induction banquet will be Friday, Oct. 16.
Missouri Press Association, founded in 1867, is the newspaper trade organization in the state. Almost 300 weekly and daily newspapers - virtually every newspaper in the state - are members of the association, which is based in Columbia.
The association presents Pinnacle Awards to Hall of Fame inductees. Plaques with their likenesses will be hung in the conference room at the association offices in Columbia and in the student lounge of Lee Hills Hall at the Missouri School of Journalism.
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Independence weekend features plenty of activities
By Brenda Jessen
Staff Writer
newsstaff@earthlink.net
The Independence Day holiday weekend will include lots of food, crafts, a parade downtown, fireworks display July 4 at The Commons and the annual Sunday at Montauk event.
This year's Independence Day celebration will include $16,000 worth of colorful and special effects fireworks.
For the 34th year, the fireworks will again be handled by certified handler Larry Gray and his family.
Gray, who began handling the city's firework's display in 1976, said this year's display is "all about color."
"We are going for a blend of colors, a combination of colors, some special effects, low aerial for more variety and some ground pieces," Gray said.
Gray said the event would begin once conditions are right for the best visibility.
"We will wait until it is completely dark. Shooting against the west sky, the best show will be during complete darkness between 9:30 and 9:40 p.m. The display will last about a half-hour."
The theme for the Independence Day Parade is "Let Freedom Ring."
Sponsored by the Salem Area Chamber of Commerce and the City of Salem, the parade will be 6 p.m., traveling the usual route from the old fairgrounds to the Dent County Courthouse.
About 40 entries are currently signed up to participate.
Independence Day activities will begin at 8 a.m. at The Commons, including vendors and flea marketers, vintage vehicles will be on display and lots of food will be available throughout the day.
Musical performances by Iron Mountain Bluegrass band will be from 7 p.m.-9 p.m. at The Commons.
Chamber Director Patty Shults said a change from past parades is that it will begin an hour later than usual to put it closer to the time of the fireworks display.
ATVs are no longer allowed to participate in the parade.
Local military personnel are invited to serve as parade grand marshals.
The chamber awards $100 each to the first place commercial and non-commercial entry. Last year, Salem Residential Care was the commercial winner. Bob Rich with his coach was the non-commercial winner.
The annual "Sunday at Montauk" is expected to attract more than 1,000 visitors to Montauk State Park.
Activities will be going on from 9 a.m. to 5 p.m. Sunday, according to Montauk State Park Natural Resources Manager John Bufkin.
Bufkin said that many crafts people are expected to display and demonstrate native wares at the shelter house across from the historic Montauk Mill.
From 9 a.m. to 4 p.m. crafters will feature demonstrations such as woodcarving, weaving, flint napping, doll making, painting, glass etching, broom making, fly tying and other skills.
Musicians will provide non-stop musical entertainment from 9 a.m. to 5 p.m., including folk, bluegrass, fiddle, old time string, country and western, hoe-down and square, clogging and line dance tunes.
Visitors also are invited to tour the historic Montauk Mill.
For more information about the parade call the chamber office at 729-6900 or for information about vendors or other activities at The Commons call the City of Salem Administrative Offices at 729-4811.
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Almost 3,000 show up at Intercounty meeting despite heat
By Brenda Jessen
Staff Writer
newsstaff@earthlink.net
Extreme heat is blamed for a drop in attendance at this year's Intercounty Electric Cooperative's Annual Meeting June 26 at the Licking City Park.
Intercounty General Manager Dwayne Cartwright said about 2,800 people attended the 73rd annual event, down from about 3,500 last year.
"We had a good crowd despite the extreme temperatures," Cartwright said. "We were surprised with the turnout, considering the heat."
Cartwright said 980 members were registered, down from 1,040 a year ago.
Three directors were elected during the annual meeting. Elected to serve three-year terms on the Intercounty Electric Cooperative board were: incumbents Steve Raulston, Salem, North District; Frank Steward, Licking, Central District; and Doyle E. Bradford, Summersville, South District.
Food, prizes, attendance gifts, coloring contests and a bicycle contest for the kids and drawing for free energy credits rounded out the day.
Marlene Neal of Solo won the $600 electric credit. Winners of the $100 electric credit each included Paul and Jenni Gillam, and Carter and Christine Volner, all of Salem; James Fields, Rolla; and Cecil Branson, Mountain Grove.
Bike winners included Dakota Melton, 5, Destiny Conway, 8, Sarah Menamin, 11, and Wesley Wilson, 10.
Ken Roberts provided entertainment with a Johnny Cash Tribute.
Cartwright said in his manager's report that financially, the co-op is sound and secure. Upcoming projects include prepaid metering and cycle billing.
The secretary/treasurer's report for fiscal year ending Dec. 31, 2008, showed the co-op's expenses including cost of power $24,936,502; operating expenses $13,243,032; interest $2,305,536; and depreciation $3,165,338; total income of $39,516,880 and patronage capital and margins at $4,133,528. Total assets are $116,940,570; total liabilities $73,419,331; and net amount owned by members $43,521,239.
The cooperative is locally owned and operated by the members it serves. Besides having a vote for representation, the membership's business meeting offered an opportunity to hear about the financial condition of the cooperative, changes and improvements that have been made and future concerns.
Board President James E. White said the co-op this month returned to the membership $1.8 million in capital credits to those who had service in 1994.
Other attractions during the 73rd annual meeting day included the 45-booth craft fair. Texas County Memorial Hospital, St. John's Clinic-Rolla, Hometown Health & Wellness-Houston and the Texas County Health Department provided free health services - bone density, blood sugar, body fat, and blood pressure at no cost for the membership. A multi-chem profile was also available. Salem Green Forest 4-H provided breakfast for those who fasted for their tests.
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Budget approved, copiers to be leased
By Dwayne McClellan
Staff Writer
newsstaff@earthlink.net
The Salem R-80 Board of Education June 25 gave tentative approval to a $12.6 million budget for the 2009-2010 school year and approved a bid to lease its digital copiers instead of purchasing them.
The budget estimates revenues of $12.6 million and expenses close to that. Superintendent Steve Bryant said the district is projecting revenues to be $23,000 more than expenses.
He said the district is expecting to receive a $300,000 increase in state foundation formula money, and the recent health insurance cost premiums were $200,000 lower than anticipated.
"It's a pretty tight budget," Bryant said. "It doesn't include any teacher raises, although those could come later as the budget is tweaked some more before the budget hearing in August. It does include the salary schedule steps built in."
The budget approval came after Bryant presented the board with a summary of the 2008-2009 budget and the board approved fund transfers.
That summary included total revenues of $12.4 million, expenses of $12.5 million and a deficit of $129,000. Bryant said this came after spending $500,000 on roof repairs. The district has total balances of $4.4 million.
In a 4-1 vote the board awarded the copier lease to GFI, Jefferson City, at a cost of $2,666 a month for the first year and $3,320 a month for the next four years. Automated Business Systems bid was $5,500 a month.
Bryant said the district could save money through a leasing program and lower its capital expenses.
Casting the no vote was Chris Heavin. Heavin said he preferred to go with the local bidder.
"The local economy is not that great, maybe we could contact them (ABS) and see if it could match the GFI offer," Heavin said. "It's difficult to keep seeing things getting farmed out."
Bryant said he prefers doing business locally, but with such a large difference in the price he felt he had to recommend the GFI bid because it was his responsibility to spend taxpayers' money wisely.
Board member Jimmy Williams said it's a tough call, but with the large price difference there's not much of a choice.
Other news
• In closed session the board employed Alisha White as the assistant band director to replace Drew Overmyer.
• Bryant said the CEE lawsuit is now in the Missouri Supreme Court. The suit is asking for fair and equitable funding of school districts through the Foundation Formula. Salem R-80 is one of 230 Missouri school districts in the suit.
• The board approved a letter of commendation for Robert Wilson, a 2009 graduate, who earned his Eagle Scout award.
• There were 303 students enrolled at the start of summer school and enrollment on the last day Friday was around 275.
• Bryant distributed copies of pamphlets and brochures that are being used to promote the $9 million bond issue that is on the Aug. 4 ballot.
• The PTO has raised $9,000 for new playground equipment at William Lynch Elementary School. Bryant said the current wooden Tiger cage would be removed by the members of the Sacred Heart Catholic Church who purchased it. The site would then be prepared, rubber tiles put down and new playground equipment installed. The new equipment is the first of three stages for new and improved equipment that is also ADA accessible.
• Program evaluations were approved as presented for Food Service by Karen Bundy; the R-80 Professional Development Plan by Krista Barnes; technology by Jim White; and discipline by building principals.
Bundy said she had received a $4,500 grant to purchase produce. Lunches are now baked and not fried, an average of 1,430 student meals are served each day and 77.7 percent of the students order a full meal. Breakfast meals are up and the food service program is operating in the black.
Discipline reports were 36 at the William Lynch Elementary, 348 at the Upper Elementary, 1,561 at the junior high and 805 at the high school.
Cell phone use during the school days continues to be a big problem, administrators said. Board member Carrie Snider discussed a piece of equipment called a scrambler, that when turned on, does not allow cell phones to work.
• The board approved the Professional Development Plan, 2008-2009 budget amendments, a GTB/Line 1 transfer of funds, renewal of the TCRC support at $10,000 a year and the pre-school building lease. The district leases space for the Pre-school program through Head Start at $925 a month and is reimbursed by The TCRC support is $
• The resignation of Tammy Arnett, junior-senior high nurse, was approved.
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