The Cincinnati Enquirer from Cincinnati, Ohio • Page 39

C-6Metro THE CINCINNATI ENQUIRER Thursday, September 28, 1989 Bar gang shootout trial opens Court upholds search warrant in drug case THE ASSOCIATED PRESS COLUMBUS, Ohio The Ohio Supreme Court on Wednesday upheld a search warrant issued by a court after a narcotics agent saw a marijuana plant 7-8 feet tall in a Hamilton County resident's back yard. The warrant was issued by Hamilton County Municipal Court in July 1986 after agent Clayton Buffington said he also had reason to believe that illegal drug paraphernalia would be found on the property. Subsequently, the search turned up marijuana prepared for smoking and drug-related paraphernalia, court records showed. Prosecutors link bullet, defendant by sheila Mclaughlin The Cincinnati Enquirer A bullet found at Vic's Brew Cue in Mount Carmel after a fatal gun battle between motorcycle gangs last January can be linked to John R. Bennett, prosecutors said Wednesday at the start of Bennett's trial on weapons charges.

The bullet and casing came from one of two guns found in the van in which Bennett and two others were arrested, Clermont County Assistant Prosecutor Daniel Breyer said in opening arguments. And, Breyer said, since Bennett told police he was the only one of the trio inside the tavern when bullets began to fly, he must get fingerprints from either of the guns, nor did they test Bennett's hand or clothes to see if he had fired a weapon. Bennett, Gregory Phipps, 36, of Frankfort, and Mike Shearman, 37, also of Cincinnati, were stopped in Phipps' van at the corner of Clough Pike and Mount Carmel-Tobasco Road minutes after the Jan. 21 shooting which left two gang members dead and four others injured. The case is expected to go to the jury today.

Phipps was convicted in July of weapons charges. Shearman, who has yet to go to trial on weapons charges, has asked the 12th District Court of Appeals to dismiss the indictments. Counsel for Robert George, in whose yard the plant was growing, filed a motion to suppress evidence obtained in the search. The Common Pleas Court granted part of the motion and suppressed evidence obtained from George's residence and some outbuildings. The First Ohio District Court of Appeals upheld the trial court.

Wednesday's decision sent the case back to the have handled the gun. Bennett, 34, of Cincinnati, is charged with carrying a concealed weapon, possessing a weapon while under disability (having a previous felony conviction), and improper transport of firearms in a vehicle. Breyer said a ballistics expert from the Ohio Bureau of Criminal Investigation will testify that a slug and casing found at Vic's Brew Cue came from a semiautomatic pistol found in the back of the van. Bennett's lawyer, Henry Sheldon, told jurors there is no physical evidence to show his client had a gun. He said police did not trial court for further proceedings.

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Call Today Don't Delay "When you need money, you need it right now and you want the best deal possible without confusion. So call The Money Store today, and you be the judge. Remember a 14-day The Monet Stoke' 10735 Montgomery Rd. Cincinnati Phone 489-7777 LOCAL TOLL FREE NO. 1GOOLOANYES tCREOIT WORTHY IM9 THE MONEY STORE Not available for all loan programs.

QUALITY FEATURES YOU'D EXPECT TO FIND IN A BALDWIN MULTI-PLY HARD ROCK MAPLE PINBLOCK GENUINE SPRUCE SOUNDBOARD ACUSET HITCH PINS AND MORE You're not satisfied with the interest You're not satisfied with the payment schedule You're not satisfied with the quick You're not satisfied with the friendly Your rich relative lends you the money at no You no longer need Judge denies request to add new evidence BY BEN L. KAUFMAN The Cincinnati Enquirer Foes of a proposed 970-foot transmitter tower in College Hill lost a battle this week in Hamilton County Common Pleas Court. Judge Robert Kraft said they could not provide new evidence before he ruled on their challenge to the Cincinnati Board of Zoning Appeals. Instead, he will rely on the "transcripts of earlier proceedings. First, however, he'll give attorneys a chance to argue what those transcripts mean.

Along the way, Kraft set these deadlines: Written arguments must be filed by Nov. 15. Lawyers then have until Dec. 1 to respond to each other's briefs. Finally, on Dec.

18, Kraft will hear oral arguments. The issue before the judge Tuesday was whether tower critics would be allowed to supplement transcripts with evidence that the zoning appeals board hadn't seen. Fairfield radio station WOFX-FM wants to put up the tower at the southwest corner of Winton and North Bend roads. Critics claim it would be an eyesore. TAKING ORDERS NOW! -a J- fl a3 -ON SEICTEDlrEMSyfl 2 All SAVE TBaldwiilrT CRAND BALDWIN BLDC.

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