The Cincinnati Enquirer from Cincinnati, Ohio • Page 16

B2 Wednesday, November 15, 1995 METRO The Cincinnati Enquirer as Cole frightened or vicious? AROUND THE TRISTATE I Jfi Mfc Charles Cole, 44, of South Fairmount, was called a vicious killer by prosecutors and a simple, frightened man by his defense attorney. Cole, charged with aggravated murder, admits shooting Charles "Kevin" Blankenship last summer. The shooting was captured on videotape by Cole's surveillance camera. The Enquirer Tony Jones -1 Descriptions of him differ at murder trial BY KRISTEN DELGUZZI The Cincinnati Enquirer While Charles Cole sat quietly, with his legs crossed and eyes downcast, attorneys for both sides took turns Tuesday describing the thin, middle-aged man who admits to shooting a young man on his front porch last summer. Cole, 44, of South Fairmount, was characterized by prosecutors as a vicious killer who schemed to take the life and then gloated when he did of Charles "Kevin" Blankenship on Aug.

1. But Cole's attorney described the auto mechanic as a simple man with little education who was frightened by the bigger, bullylike Blankenship, who had threatened Cole prior to the shooting. Kenneth Lawson said his client was merely defending himself when he fired four shots from his 9mm pistol into Blankenship, 24, who claimed to be armed and had just charged onto the porch of Cole's house in the 1600 block of Tremont Avenue. "There was no plan to kill Blankenship," Lawson told jurors during opening statements in Cole's aggravated murder trial. The shooting captured on videotape by a surveillance camera Cole had installed on the porch for Judge: Alms Doepke 'sick BY KRISTEN DELGUZZI The Cincinnati Enquirer Four county employees who fell ill in 1991 were victims of an unsafe, unsanitary workplace, and are entitled to monetary damages from the negligent owners of the Alms Doepke building, a Hamilton County judge ruled Tuesday.

The decision, rendered by Common Pleas Judge John Keefe, is contrary to a unanimous verdict reached by an eight-member jury earlier this year. The jury, after a monthlong trial, determined that the Limited Partnership was not negligent and should not be responsible for damages. But Keefe acting on a motion filed by the employees ruled that the jury's decision was improper and was not based on the "You want some more?" Half an hour before the shooting, Cole went into his apartment for a gun. He then sat on the porch and waited for Blankenship to return, Kunkel said. "The evidence will show that this was not, as the defense claims, a justifiable killing in self-defense," Kunkel said.

He said that after the shooting, Cole told his friend, "I'm The building, which since has been sold to the county, was owned by Chicago businessmen Arthur Slaven and Laurence Ashkin between 1985 and 1991. The building was evacuated in May 1991, after 17 people were taken to hospitals complaining of dizziness, shortness of breath and a tingling sensation. Four employees, acting on behalf of as many as 2,000 co-workers, filed a class-action lawsuit against the building owners, seeking compensation for their health problems, which included headaches, fatigue, drowsiness, sore throats, congestion, dizziness and disorientation. The health problems, according to Keefe and testimony at trial, were the result of inadequate ventilation and poor air quality in a Credit at oraawn. Live telephone banking.

All day. All night IsT Equal Housing Lender On the auction block: one of the oldest houses in Indiana, the Westfall House in Corydon, is scheduled for a tax auction Dec. 8. The state's first constitution was debated in its front yard. See story below.

The Associated Press Michael Hayman News Tips: Call 24 hours a day to reach our recorded News Tip Hot Line-. 768-8602. it's an emergency, press zero when the recording begins to be connected with an editor between 8:30 a.m. and midnight. OHIO Reds pay bill, still owe city $3 million Cincinnati City Manager John Shirey said Tuesday the Reds have settled a $572,684 bill they owed for admissions tax.

But Shirey said the Reds have yet to pay some $3 million owed for rent, concessions and other items part of the team's lease. Shirey wouldn't comment on his strategy for dealing with the bill. In September, Shirey said the Reds said they wouldn't pay their bills unless they got a new stadium lease that guarantees them more revenue. Checks mailed early The second biweekly mailings of benefit payments for workers' compensation in November and December will occur earlier for the holidays. The Ohio Bureau of Workers' Compensation benefit checks for Thanksgiving week will be mailed Nov.

20 instead of Nov. 23. For Christmas week, checks will be mailed Dec. 18 instead of Dec. 21.

UC strike called off The University of Cincinnati's clerical workers canceled their strike scheduled for today. Deborah Schneider, regional director of Service Employees International Union District 925, said a settlement was reached at about 11 p.m. Tuesday. The union represents about 1,000 office support staff at the university's campus and hospital. Bargaining sessions have continued since the membership voted to strike two weeks ago.

Schneider said details on the settlement would be released later. Police: Please call back Cincinnati police have issued a rare call for help: Will the witness who called Monday night with information about several serious crimes please call again? The caller's information about the crimes matched details that have not been released to the public, and investigators would like to conduct a full-scale interview, even if the caller wants to stay anonymous, said Lt. Greg Snider of the police division's homicide unit. Snider wouldn't reveal which crimes the caller discussed, other than to say they took place this year, or even whether the caller was a man or a woman. Police are concerned that if they give too much information, the suspects will figure out who the caller was.

Snider asked that the caller contact the homicide unit at 352-3542 or Crimestoppers at 352-3040. Rider alleges assault A driver with the ACCESS bus service for the disabled has been removed from contact with the public after a blind rider told police the driver sexually assaulted and stole more than $800 from her. The assault allegedly took place shortly before noon Nov. 8 in the 6000 block of Glenway Avenue, police said. The 39-year-old Price Hill woman called police that afternoon to report the alleged theft, then again around 1 1 p.m.

to say she had been fondled by the driver. Sallie Hilvers, spokeswoman for the Metro bus system, said the woman also complained twice to the bus service about the alleged theft, but officials didn't know about a sexual assault allegation until police called Monday afternoon. ACCESS service is provided Bishop's letter revealed in court Bierman called 'problem priest' in 1977 memo 4 security occurred at 3:44 a.m. "You have to put yourself in Charlie's shoes," Lawson said. "Where he lived, with his education.

Once you have all the evidence, I believe you'll find that he acted in self-defense." Jerome Kunkel, an assistant county prosecutor, told jurors that Blankenship's last vision was of Cole waving a gun and saying, 'The evidence overwhelmingly demonstrated that was unsafe and unsanitary. John Keefe, common pleas judge evidence presented at trial. "The proof shows that the Building was a so-called "sick building," Keefe wrote. "The evidence overwhelmingly demonstrated that was unsafe and unsanitary, and the defendants thus were negligent, and reasonable minds could come to only one conclusion as to safety and sanitation." cian that Bierman, because of an "ongoing affair" with a boy who ultimately had a nervous breakdown, would have been in prison "except for my intervention." The letter paints an unflattering picture of Bierman, even excluding the sex-related problems. The priest, it said, declared himself openly as "a superman" who thought his presence in the church was the church's "greatest bless-ing.

Tuesday began the second week of the trial in a lawsuit by Fort Thomas veterinarian John Secter. Thomas is suing for an undisclosed amount of money, claiming the diocese should be held financially responsible because officials knew about Bierman's sexual contact with boys as early as 1961 but did not do enough to protect future victims. Bierman was convicted in 1993 on 29 criminal abuse charges. He is in the Kentucky State Reformatory serving a 20-year sentence. Criteria used to evaluate teachers should be reached through colleo tive bargaining, he argued.

At the time, union leaders had objected that essential elements were missing from the agreement particularly the absence of any provisions to monitor the discipline decisions made by principals. They also said the district should track the family income of students who are punished because that factor can closely correlate with disci pline problems. Judge Walter Rice denied Moo ney motion in January 1994. The hearing Tuesday was the teachers union appeal of that decision. Attorneys representing the fam ilies who first sued the school system, Cincinnati Public Schools and the Ohio Department of Edu cation all argued that it would be unfair to reopen the agreement.

Further, the union waited until the last minute the day before a hearing on the agreements fair ness before seeking to inter vene, the attorneys said. If A. Vtf ill Lawson: "There was no plan to kill Blankenship." Kunkel: "This was not a justifiable killing in self-defense." going to prison. I know it." "He knew he was wrong, and you'll have no problem finding that he was wrong," Kunkel said. David Feldhaus, a Cincinnati police specialist who investigated the shooting, said Cole admitted firing the fatal shots.

"Basically, he said, 'The boy rushed me. I thought he was going to hurt me. I shot him. That's all there is to Feldhaus said. The videotape of the shooting was played several times in court Tuesday.

Common Pleas Judge Norbert Nadel cautioned both sides to avoid voicing their thoughts on what the tape shows. "I want to keep the editorializa-tion down," he said. "They (attorneys and witnesses) can tell what they see, but in terms of what the tape shows, that's for the jury to decide." building' cockroach-infested building. Louise Roselle, attorney for the employees, said: "We were disappointed with the jury's verdict, and now I feel the judge has agreed with us. We are very pleased with the judge's decision." Keefe ordered both parties to appear in court Jan.

8, when he will determine how much in compensatory damages the four employees are to receive. At trial, the parties asked for nearly $500,000 in damages. Once the compensation for the four main litigants is resolved, the other building employees can come forward and present their claims for damages, Roselle said. The former owners, Slaven and Ashkin, would be responsible for the damages. the crack TELEBANK 579-2222 Provident Bank We provide answers.

1 5 7 1 t-m TOP RESEARCH, NC THE Before Thanksgiving PLUS FREE mcB INSTALLATION! Shades, Wood Blinds and rtcere one imxioap with our iwidf-iimjcamta minmiutpiirdur of valid now torougn 11I7V5. Hauck Road 563-6688 IKCountr Norttijjtt msM mmm 771-7075 24M5S3 58M777 flomxt Fairfield WetteroHilli vm 174.7005 922-7551 through the Metro system. D.C. march is topic A dialogue is set for Thursday at Winton Montessori School by "The Call to Action Committee" of the local Million Man March effort. The meeting, from 6 to 8 p.m., is expected to feature footage of the march, discussion, entertainment and refreshments.

Persons interested in attending the meeting should call the school at 482-4840 or Genesis Men's Program at 241-7204. The program will be held by "The Call To Action Committee." The school is at 5300 Winneste Ave. in Winton Hills. KENTUCKY Baptists in a runoff OWENSBORO The Kentucky Baptist Convention faced a runoff election Tuesday night for its presidential race, and delegates also rejected a proposal to sanction a Baptist newspaper for negative coverage. In the earlier election Tuesday, Bill Tichenor of First Baptist Church of Princeton collected 608 votes, and Bill Patterson of First Baptist Church of Henderson earned 510 votes.

Both totals were less than the 667 votes required to claim the presidency of the Kentucky Baptist Convention. Patton fills 1 post FRANKFORT Margaret Greene, the president of Bell-South's Kentucky operations, is the choice of Paul Patton as his I Cabinet sec retary. Patton said Tuesday that Greene was suggested by many people he consulted, but doubted Greene he could lure her from her private job. Greene said she is taking a leave from BellSouth for a year and will reconsider what to do after that. Although she only accepted the job on Monday, Greene said Patton has already given her a detailed list for the coming year, starting with recruiting other Cabinet-level appointees.

INDIANA Search for bodies stalls GARY Snow and falling temperatures have hampered Gary police officers in their efforts to find the last two victims of a serial killer. Eugene V. Britt, 38, of Gary told police last week he killed eight women and one man in Gary, including three slayings police had not even known about. Britt told police where to find the remaining bodies, and the remains of an unidentified woman were recovered last week. Detectives have repeatedly visited the sites where Britt said the other bodies were located, but had not found anything as of Tuesday.

Historic home for sale CORYDON Potential buyers note: Part of the Westfall House, the oldest building in Corydon and one of the oldest in the state, is comparatively modern. It dates to the early 1830s. That may or may not be an incentive for potential buyers of the home, which was built in 1806 and is scheduled for tax auction early next month. Corydon was the state's first capital, and the first Indiana Constitution was debated in the front yard of the Westfall House, a two-story log-and-frame home two blocks from the town square. The Internal Revenue Service has seized the property for non-payment of taxes.

It's set for sale Dec. 8 with a minimum bid of $51,000. BY JANE PRENDERGAST The Cincinnati Enquirer COVINGTON Former Diocese of Covington Bishop Richard Ackerman the man who led the local church for much of the time Earl Bierman molested boys once practically begged a doctor to help the priest he called a con man, liar and destroyer of souls. A 1977 letter to a physician, revealed Tuesday during a Bierman victim's civil trial against the diocese, gave the clearest picture so far of what the bishop, now deceased, thought about the man he said was his first "problem priest." "If you can do anything to cure Earl Bierman (I know of no other word for he is indeed sick), I shall be happy to have you do so even if it involves an expense which is a heavy one for our diocese," Acker-man wrote in the confidential four-page memo. The bishop also told the physi Stained teeth Study Earn Up To $40 a Hill Top Research is in search of persons who are at least 1 8 years of age who have moderate to severe stains on their natural teeth (from tea, coffee or cigarettes) to participate in a research study.

Two brief visits are required. Call Mon-Fri 8:30 am 5 pm for more information. 248 Hill Top Research, Main Mill Streets Miamiville, OH 45147 DECORATE FOR Blinds Installed 3 I1 I'i'l! I tlTOIItiTO'l'l Teachers want voice in desegregation policy 60-70 OFF! BY MARK SKERTIC The Cincinnati Enquirer Cincinnati Public Schools teachers should have had a voice last year in developing the district's desegregation policy, the teachers union argued Tuesday. Attorney Don Mooney Jr. appeared before the U.S.

Court of Appeals for the 6th Circuit, arguing that a decision in January 1994 that prevented the teachers from joining the desegregation lawsuit was unfair. The union wanted to intervene in the lawsuit because of a desegregation agreement reached in late 1993 by the school district, the state and families who brought the lawsuit. Included in that agreement were provisions that the school system begin tracking the race and gender of teachers who recommend disciplinary action be taken against students. The Cincinnati Federation of Teachers' challenge was limited to the portion of the agreement that dealt with teachers, Mooney said. Similar savings on Cellular 'Promt thii id id jour tab penoo dot of pttuit ml "PIUS wow fat imtilktioo wWi a AfpliatopurchasawitliiotwNatKxuCmlit consumer cmUtord.

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