The Cincinnati Enquirer from Cincinnati, Ohio • Page 4

METRO The Cincinnati Enquirer C2 Friday, November 17. 1995 WE Jury urged to see video in different lights AROUND THE TRISTATE verbally. It shows Cole retreating into his Tremont Avenue house, then fading into the shadows a few minutes later when a police car drives by. It ger or harm. The jury will not have to find that Cole made every effort to avoid the danger as is the case in most claims of self-defense because he was on his property.

Assistant prosecutor Jerome Kunkel said the self-defense claim does not apply because Cole fueled the argument with Blankenship and because Cole went for the gun after the fight began. Prosecutors also Thursday asked Common Pleas Judge Nor-bert Nadel to tell attorneys they could not appear on a live, national television show Thursday night to discuss the issue of self-defense because it could unintentionally influence the jury, which is not sequestered. Nadel refused the request, saying he believed the jurors were heeding his warnings to avoid media accounts of the case. behavior of an uneducated, simple man who was afraid and was trying to protect his house from a "thug." But prosecutors say the tape shot by a surveillance camera Cole had installed on his front porch is a classic example of aggravated murder. Now, the jury must decide for itself.

They deliberated for about two hours Thursday and will resume this morning. They will have to decide whether Cole is guilty of aggravated or premeditated murder, murder or voluntary manslaughter. Or, they could find Cole not guilty if they believe that he acted in self-defense. To find that Cole fired his weapon in self-defense, they must believe that Cole did not initiate the fight with Blankenship and that Cole had a reasonable fear of dan Prosecution, defense offer shooting scenario BY KRISTEN DELGUZZI The Cincinnati Enquirer The entire crime is captured on videotape and has been shown repeatedly to jurors during the two days of Charles Cole's trial in Hamilton County Common Pleas Court. Even so, attorneys for each side spent more than an hour Thursday trying to talk the nine women and three men of the jury into seeing the videotape the way they see it.

The tape the relevant part is about 45 minutes long shows several heated, obscenity-filled confrontations between the 44-year-old Cole and his victim, Charles "Kevin" Blankenship. It shows Blankenship, 24, of South Fairmount, threatening Cole Cole shows another confrontation that ends with Blankenship claiming he's armed, but carrying only a pair of sunglasses marching onto the porch of Cole's house. And it shows Cole, at first backing away and yelling, "No, no, no," raise his hand and fire four shots from his 9mm pistol at Blankenship. The tape, said defense lawyer Kenneth Lawson, illustrates the Tne Cincinnati EnquirerGlenn Hartong Jeep toppled: Wrapped in a blanket, Cynthia Billups of Kenwood stands beside her Jeep Cherokee after it overturned on Lehman Road in Price Hill. Billups was not injured in the accident.

Negligence ruled out in death of Cheviot hoy BY KRISTEN DELGUZZI The Cincinnati Enquirer An 11-year-old Cheviot boy who died while in custody at a children's center in Dayton, Ohio, was the victim of an epileptic seizure, not negligent care givers, according to investigative reports released Thursday. Shawn Ellison died of respiratory and heart failure related to a seizure he suffered on Sept. 11, the Montgomery County coroner ruled. Shawn died while in a private room in the crisis unit at St. Joseph Children's Treatment Center, where he had (r.

been sent by Hamilton DOCUmetltS Couty Juvenile Court clearly show do? SyMa Sieve Hen" that Ellison's At the time of Shawn's observable death, his mother said the seizure center's staff was to nrtivin, U)nr. blame because they did MtlVlty Was not properly monitor and appropriately treat her son, who had a treated. history of seizures and fca.miiiMCT,Maiiirty.,v mMtoiMMiM. Athenaeum's rising star ABOVE: Workers from the Athenaeum of Ohio Mount St. Mary Seminary on Beechmont Avenue in Mount Washington rig.a 25-foot metal star that will hang on the building during the holiday season.

From left are Dave Arnold, Pete Dirr and Bill Roesch. RIGHT: After pulling the star to the roof's peak, Eric Bladlock, Dave Westrich and Kevin Lansing, who work for William Kramer and Sons Roofing, attach it to the building's facade. The Cincinnati EnquirerMichael E. Keating mi coroner's report behavioral problems. But the coroner and the Montgomery County Children's Services Board 7 SiM.

V- 4 1 7 that solicit charitable contributions. The law, championed by former Ohio Attorney General Lee Fisher, was aimed at regulating professionals hired to solicit contributions for charitable purposes. The 6th U.S. Circuit Court of Appeals ruled that part of the law is unconstitutional and cannot be enforced. Appeals Judges Martha Craig Daughtrey, Albert Engel and Alan Norris upheld U.S.

District Judge Walter Rice's August 1993 ruling. KENTUCKY Reforms unpopular LEXINGTON Nearly half of Kentucky adults surveyed in a new poll expressed displeasure with the state's education-reform law. The independent poll conducted by Preston Research differed from a recent survey released by the Kentucky Institute for Education Research, which found that more people supported the Kentucky Education Reform Act. The new poll found that 48 percent of the adults surveyed think the reform law has been negative for Kentucky schools. About 37 percent said KERA has been positive and about 15 percent said they didn't know.

RFG may remain LOUISVILLE The use of reformulated gasoline in Kentucky has resurfaced as an issue as a direct result of Paul Pat-ton's victory in last week's election, a state official said. John Hornback, the director of the Kentucky Division on Air Quality, said the Environmental Protection Agency might have granted Gov. Brereton Jones' request to get rid of RFG in Northern Kentucky and Jefferson County if Republican Larry Forgy had won. Forgy had called for an end to RFG sales in Kentucky. But in a change of the EPA's thinking, Hornback said he now expects the EPA to ask Kentucky to reconsider the RFG question.

Patton has said he wants to consider all the scientific evidence surrounding RFG. Patton spokesman Andrew "Skipper" Martin said Wednesday it would be inappropriate to comment further until Patton takes office next month. INDIANA Constitution mended BLOOMINGTON A refurbished state constitution is back together and ready for public inspection. The 179-year-old original copy of the Indiana Constitution has spent the last two months at the Lilly Library at Indiana University. Conservator James Canary took the rpd, sheepskin-bound document apart, cleaned and de-acidified its pages and ink, mended its folds and put it back together again.

The priceless document was returned to the Indiana State Library on Wednesday under the watchful eyes of a state police escort and Marta O'Neill, a deputy state archivist and preservation officer. It will go on public display Dec. 1 1 in the Statehouse Rotunda for Statehood Day. Civil charges dropped INDIANAPOLIS An attorney representing the nurse suspected in an unusual number of deaths at Vermillion County Hospital said Thursday the state has backed away from the premise that his client committed mass murder. The state attorney general's office this week withdrew civil charges alleging Orville Lynn Majors contributed to the deaths of 26 patients.

By withdrawing civil charges alleging Majors contributed to the deaths, the state can concentrate on proving that he is incompetent and shouldn't have his nursing license reinstated, a spokesman for the office said. News Tips: Call 24 hours a day to reach our recorded News Tip Hot Line: 768-8602. If it's an emergency, press zero when the recording begins to be connected with an editor between 8:30 a.m. and midnight. OHIO Woman, 19, attacked in apartment Homicide detectives are trying to find a man with a gold tooth who attacked a 19-year-old woman in her Over-the-Rhine apartment, possibly with a meat cleaver, while two small children were inside.

The woman suffered "gaping head and neck wounds" and may have been sexually assaulted during the attack around 8:30 p.m. Wednesday near Vine and McMicken streets, police said. She was in serious condition at an area hospital Thursday, breathing with the help of a respirator. A 2-year-old boy and 4-year-old girl in the apartment during the attack were not harmed and were staying with a relative, said Lt. Greg Snider of the homicide unit.

It was not known whether they saw the attack. The woman told police she did not know her attacker. "There was no forced entry, and she was known to keep her doors and windows locked so it's possible she let her attacker in," perhaps mistaking him for someone else, Snider said. Con artists sought In just one week in July, a group of con artists from Chicago scammed local Kroger stores for more than $30,000 in phony payroll checks, then headed to another town to do it again, police said. Cincinnati police already had warrants against some of the suspected thieves when they were arrested in Dayton, said Leon Locke of the Cincinnati fraud squad.

A Hamilton County grand jury indicted two men and four women Wednesday in connection with the scheme, and more indictments are expected, Locke said. At least one of the defendants, 39-year-old Marquette W. Boone of Chicago, also known as Raymond Hale, is scheduled for arraignment today. Boone and five others are charged with theft, conspiracy and engaging in a pattern of corrupt activity. The band of 12 to 15 thieves first hit the Cincinnati area in October 1994, visiting Kroger and Thriftway, and returned in July, Locke said.

Hospice seeks volunteers Mercy Hospice is seeking volunteers to assist patients, families and staff. A training class is 9 a.m. to noon today and 9 a.m. to 3 p.m. Tuesday at Mercy St.

Theresa Center in the community room. Hospice provides special care for terminally ill people and their families. For more information or to volunteer, call 271-1440, extension 3007. Faculty accepts pact The University of Cincinnati's faculty union voted to ratify a new three-year contract Wednesday, sending the document to the university's board of trustees for final approval. Members of the American Association of University Professors voted 401-8 to approve the terms of the tentative agreement reached by negotiators last month.

The university trustees are expected to ratify the contract at their meeting Nov. 28. Provisions struck down A federal appeals court Thursday struck down part of a 1990 Ohio law governing how the state regulates agencies Children's mental health agency to shift Geckle said. found that there was no negligence on the part of the center's staff. Shawn suffered numerous seizures, which often required hospitalization or treatment by emergency room personnel.

During his brief stay at St. Joseph he arrived in August Shawn had been hospitalized once and treated several other times for seizures. "Documents clearly show that Ellison's observable seizure activity was appropriately treated," the coroner's report states. Victoria Davis, Shawn's mother, disputes the cause of her son's death and says if center officials had reacted appropriately to her son's seizure Sept. 11, he would not have died.

Shawn died about 3:30 a.m. on Sept. 11, shortly after he had awakened apparently from a seizure and tried to use the rest-room. His body was discovered about four hours later by a nurse who tried to wake him up for breakfast. "I want to know why he was placed back in his room that night," said Davis, who plans to get a second opinion on the autopsy results.

"If he had had the proper treatment and care, he would still be alive today." Shawn was sent to St. Joseph's one ofseveral facilities where he had been sent by court officials in August, after he was charged with aggravated burglary for breaking BY ANNE MICHAUD The Cincinnati Enquirer Children's mental health services will soon have a new parent. The Hamilton County Department of Human Services plans to shift responsibility for children's mental health to the Community Mental Health Board. Human services would shift its dollars as well, an estimated $1.8 million to $2 million. The move makes sense because it brings all mental health services for poor people under one agency, said Mary Rose Geckle, director of managed care for the mental health board.

"In the long run, not only will we save money, but we'll provide better treatment," Abused or neglected children use the services, as do their families. That includes children who are sexually abused, developmentally delayed, hyperactive or severely emotionally disturbed. The process of shifting services started in August with the closing of human services' Allen House, which offered day treatment for about 40 children. The services now are offered by agencies under the supervision of the mental health board. The board discussed a transition plan at its monthly meeting Thursday.

The goal is to shift the services by July. First, the mental health board will invite agencies in February to submit bids. into a neighbor house. Backers of gun bill could bypass House committee A rare tactic that was used to in Japan. campaign funds.

pass Ohio's new abortion law this year is being eyed by pro-gun legislators who are having problems with a big bill of their own. Rep. Mike Fox, R-Indian Springs, this week threatened to collect the signatures of 50 House members to bypass the Judiciary Committee and move directly to the floor a controversial bill that would allow Ohioans to carry concealed firearms. "There's no excuse for this bill not being voted on, Fox said. The same tactic was used for the first time in anyone's memory by Rep.

Jerry Luebbers, Quails dictated a letter to Tillery also sent to reporters assuring him "quite clearly, there must have been a misunderstanding," and she looks forward to the meeting. Laura Goldberg 'HOLIDAY In his time off from promoting sports stadiums, Hamilton County Commissioner Bob Bedinghaus is chopping down political correctness. He fixed his sights recently on a brochure about yard waste, written by the Hamilton County Department of Environmental Services. The brochure advertises "free holiday tree collection" in January for Cincinnati residents. "Let's call things what they are, not be oh-so politically correct," Bedinghaus said at a commission meeting.

"This is a Christmas tree." The commission voted to instruct the environmental services department to use the term "Christmas tree" in the future. Anne Michaud FERGUSON'S FINANCIAL UNDOINGS: Former Ohio auditor Thomas Ferguson awaits trial on charges that he illegally raised Now, he is the subject of an investigation on how he spent them. Secretary of State Bob Taft's office is investigating a $10,000 payment from Ferguson's campaign fund to Cleveland attorney Gerald Messerman. The campaign report states that the money was for "professional services." Messerman is one of the Ohio's premier criminal defense lawyers. The payment is dated one week after Ferguson was indicted on charges of coercion in Lucas County.

Messerman represented Ferguson on the misdemeanor charge a charge that was dropped after Ferguson apologized to the man who brought it. Ferguson and his lawyers won't comment on the nature of those professional services, but an 8-year-old legal opinion states that campaign funds cannot be used to pay for a defense against criminal charges. Taft's office has asked Ferguson's campaign treasurer, Vincent Gilday, for an explanation of the expenditure and "whether those services included personal legal representation." Converting campaign funds to personal use is a first-degree misdemeanor punishable by a maximum six months in jail and $1,000 fine. Sandy TJheis Fox's threat highlights the differences in the new Republican majority. It also raises the possibility that Luebbers' success with the parliamentary maneuver might cause others to follow his example, changing the traditional give and take in the House.

Christopher Davey A VERY PUBLIC CORRESPONDENCE: The buzz around Cincinnati City Hall was that Councilman Dwight Tillery had declined to meet with Mayor Roxanne Quails to talk about goals and plans for next year. But when that sentiment was conveyed by local newspapers, Tillery wanted to set things straight. He made sure the press got a copy of a letter he sent to Quails that said the mayor's assistant had called the day after the election, a Wednesday, and asked for a Thursday meeting. Tillery couldn't do it that day and said the assistant hung up without trying to arrange another meeting. Tillery said he would be happy to meet with Quails when she returns Nov.

19 from a trade mission D-Cincinnati, to move his bill that bans a late-term abor Fox tion procedure. That bill was discharged from the Judiciary Committee, setting up the ugliest intra-party caucus fight of the session. It eventually was signed into law and is now being challenged in federal court. Judiciary Committee Chairman Edward Kasputis said he doesn't think there are enough House members willing to sign the gun petition. t.

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