The Courier-Journal from Louisville, Kentucky • Page 3

fW. THE COURIER-JOURNAL, WEDNESDAY, JULY 1 1992 3 Agency found negligent in death of toddler; state to pay $100,000 I "gitl ft i failed to conduct an in-depth investigation after the reported injury. Cindy Stone, an attorney representing Brian's estate and his three siblings, called the board's decision "wonderful" and said the money left after the attorney's fee would be divided among his siblings, who are in foster homes. "It's exactly what these children deserve," Stone said. "We think the cabinet needs to look at its action and be more careful the next time around." The award was the maximum the board could issue.

The Board of Claims is a state administrative agency that tries all negligence cases against a state agent or agency. The state has 45 days to appeal the decision. Janet Hoover, a spokeswoman for the Cabinet for Human Resources, said yesterday that her agency had just received a copy of the ruling in the mail and had not yet had time to review it. his face, the Board of Claims said. One social worker, Julie Berman, who visited the Portman home a month before Brian's death, told a supervisor that the child had bruises on his forehead near his left eye, and two scratches on his cheek.

Her supervisors, however, agreed to file an incident report instead of an abuse form, according to the Board of Claims. The board's ruling said child abuse was never alleged and social workers were satisfied with Janet Portman's explanations: that Brian hit himself with a toy when he had one black eye, and that he fell and bumped his eye another time. Janet Portman was convicted of reckless homicide and sentenced to five years of probation and six months in jail. A jury found Michael Portman not guilty of beating the child. Three months after Brian's death, a report by the cabinet's Office of Inspector General said employees By DAWN S.

ONLEY Staff Writer Almost five years after the death of 2-year-old foster child Brian Myers, the state Board of Claims has charged the Cabinet for Human Resources with negligence and awarded the child's estate $100,000. The board ruled last week that the cabinet should have recognized that Brian was in an abusive situation, and that the cabinet did not "exercise due care" in selecting foster parents Janet and Michael Port-man, of Louisville, and supervising Brian's care. Brian died Nov. 27, 1987, in Humana Hospital-Audubon of injuries related to a beating. He was admitted to the hospital three days earlier with a fractured skull.

While Brian, who had cerebral palsy, was in the Portmans' care, social workers at various times noticed him having a black eye, bald spots on his scalp and scratches on ASSOCIArEO PRESS PHOTO Kathryn Burke and her grandfather, F.M. Burke, will attend the Democratic National Convention. 93-year-old to attend 6th Democratic convention Animal-rights activists demonstrate against transplant of baboon's liver By ALLEN G. BREED Associated Press PIKEV1LLE, Ky. F.

M. Burke doesn't expect to find much excitement as a delegate at this year's Democratic National Convention in New York. But that's no reflection on the presumed nominee, Bill Clinton, or the party's leaders. At least two of the five previous conventions attended by Burke, a 93-year-old retired lawyer, have produced tough acts to follow. Burke was on hand to see Frank "Animals have a value which is independent of their usefulness to human beings," said Sue Brebner, a nurse who is education director of People for the Ethical Treatment of Animals.

"They can experience pain and fear and joy the same way that human beings do." Dr. Thomas Starzl, a transplant pioneer who helped obtain permission from a hospital board to perform the operation, said he admired the protesters' "passion and commitment." "Our passion and our commitment is to human beings," he said. "Our ultimate fidelity really has to, be to our patients." At least 28 other primate-to-hu-" man transplants have been attempt-, ed around the world. repeatedly asking: "Do you know what it's like to have liver disease?" At the hospital Sunday, a 35-year-old man, whose name was withheld at his request, underwent the world's first baboon-to-human liver transplant. He was suffering from recurring infections of hepatitis which destroys the liver.

He was not a candidate for a human transplant because the virus probably would have damaged the new organ. A 15-year-old male baboon, bred in a Texas laboratory, was killed in Pittsburgh to provide the liver. The patient was listed in critical condition yesterday, typical for transplant recipients. He was breathing on his own and sat up to watch television. By JIM STRADER Associated Press PITTSBURGH The transplantation of a baboon's liver into a dying man has revived debate over the use of animals in medical research, sparking an angry exchange yesterday outside the hospital where the operation took place.

About 15 protesters chanted "Animals are not spare parts" outside Presbyterian University Hospital. They were silenced by another man suffering from liver disease. "I didn't ask for this, but I've got it and I'm fighting it just like that guy laying up there," Robert Winter shouted at animal-rights activists. The protesters stopped chanting when Winter, 34, confronted them, REGIONAL ROUMDUP COMPILED FROM STAFF AND AP DISPATCHES Historic home to be restored DANVTLLE, Ky. A committee formed to restore a historic Boyle County house agreed to proceed with the project despite being $50,000 short of its $300,000 fund-raising goal.

The committee decided to eliminate some of the details and furnishings to complete the renovation of the McClure-Barbee house, which is on the National Register of Historic Places. The house, built in 1852, is considered one of the best works of one of Kentucky's notable early architects, Robert Russel Jr. Once restored, it will house the Heart of Danville, Danville-Boyle County Tourism Commission, Boyle County Industrial Foundation and Danville-Boyle County Chamber of Commerce and serve as the official welcome center for Danville. Ephraim McDowell Regional Medical Center bought the house from Centre College, which had been left the property in a will. The hospital offered the house to the agencies for a nominal yearly fee, if they could raise the money to restore it.

Suit accuses deputy of brutality HUNTINGTON, W.Va. A Kentucky man charged with obstructing an officer has filed a $1 million lawsuit accusing a Mingo County sheriffs deputy of brutality. Jason I. England of Turkey Creek, filed the suit in U.S. District Court on Friday.

He was arrested May 17. Deputy Jamie B. Cook grabbed England around the head and punched him in the face three times, the suit said. Later, while sitting handcuffed in a cruiser, England was kicked in the face by Cook, and his injuries required medical treatment that cost $1,300, the suit said. Cook has denied the charges.

Sheriff Gerald Chafin declined to comment because he hadn't seen the suit. Graduation is held for inmates EDDYVILLE, Ky. Homer Decker was applauded by other Kentucky State Penitentiary inmates when he received his bachelor of independent studies degree from Murray State University. "It feels like one hell of an accomplishment," said the 41-year-old Bowling Green native, who is serving a 10-year term for being a persistent felon. He will be eligible for parole in 1993.

More than 50 men were recognized during the Educational Center's graduation Monday. Nearly 30 inmates received GED certificates, two men received vocational diplomas and three earned vocational certificates. Six inmates earned associate degrees from Northwood Institute, a school of hotel and restaurant management, and six others received achievement awards. Official used expired license PADUCAH, Ky. After driving on an expired and suspended license for almost seven months, Commonwealth's Attorney Tom Osborne has a new one.

Osborne, who renewed the license Monday, attributed the delay to an oversight on his part and a busy schedule. State records of McCracken County's chief prosecutor show that his license expired on Nov. 1, 1991. Records also show that two weeks later, the state issued a notice of suspension because he failed to pay a fine for a March 8, 1991, speeding violation in Memphis, Tenn. Osborne said he never received the notice.

State records indicate the notice was returned to the state, apparently because it was mailed to an old address. Osborne said that he received the speeding ticket while driving to the airport in Memphis and forgot about it after he returned. Grant approved to build plant LONDON, Ky. The Farmers Home Administration has approved a $467,000 grant to build a plant that will bring up to 100 jobs to Eastern Kentucky, U.S. Rep.

Harold Rogers, R-5th, said yesterday. The grant will enable the non-profit Kentucky Highlands Investment Corp. of London to build the factory. It would be leased to a company that would cut and sew clothing in it. The name of the manufacturer and the location of the plant will not be released until the details are final, Rogers' statement said.

The company will hire 35 to 45 people initially, but Rogers said employment could rise to 100 within two years. House cuts tobacco industry grants WASHINGTON During debate yesterday on the annual agriculture appropriations bill, the House approved an amendment by Rep. Wayne Owens, D-Utah, to cut $3.5 million from grants to farmers groups for tobacco promotions efforts abroad. "This is too great a price for a humanitarian nation to pay to prop up a failing and flawed industry," Owens said. Rep.

Stephen Neal, argued that the amendment would hurt the U.S. balance of trade and do nothing to decrease smoking overseas. The amendment was approved on a voice vote. Paying child support made easier LEXINGTON, Ky. People will soon be able to pay child support in Fayette County without leaving their cars.

New headquarters for the Fayette County domestic-relations office will include a drive-through window, a night drop box and evening hours two nights a week. That means parents will be able to pay child support without the hassle and expense of finding a parking space. The office is on the first floor of the Fayette County Courthouse, but it will move to a location near the courthouse on Aug. 3. lin D.

Roosevelt win three of his unprecedented four nominations, and for the 1960 convention, which helped launch John F. Kennedy's Camelot. "This convention is just a formality," said Burke, whose nearly sightless eyes sparkle a clear blue. Burke, who is committed to Clinton, was the oldest delegate at the 1984 Democratic convention, but for this year's convention, July 13-16, a 95-year-old woman from Puerto Rico is expected. After humble beginnings in Kentucky's Appalachian coal fields, Burke became a lawyer and later a state senator.

His first trip to his parry's national convention was not as a delegate but as a chauffeur. In 1932 Burke, then 33, was an assistant state attorney general. His boss newly elected Attorney General Bailey P. Wooden of Hazard asked Burke to drive him and the chairman of the state tax commission to the convention in Chicago. "For all practical purposes, I felt the same as if I was a delegate," Burke said.

He remembers with delight the nominating session that started in the afternoon and lasted all night and into the next day. "It was a real contest," he said of Roosevelt's defeat of Al Smith. Burke returned as a delegate for the 1940 and 1944 conventions, which were "just cut and dried. Roosevelt had no opposition." After a hiatus to meet the demands of his growing law practice, Burke was back in 1960 for the battle between Sens. Kennedy and Lyndon B.

Johnson. Johnson and his campaign staff "worked hard on the delegates for their votes," Burke said. "He was campaigning like he was running CATCH YOUR WINNING KENTUCKY LOTTERY NUMBERS ON BUT, OMULyVlOOK FOR THEM AT A for county sheriff. He said the 1984 convention stands out because of Walter Monday's choice of a woman Geral-dine Ferraro as running mate. The oldest of nine children, Burke quit school after the seventh grade and worked for a logging company before entering the coal mines at age 18.

But after a friend was crushed in a mine collapse two newtime California may resort to IOUs if new state budget isn't passed only 4.5 percent and cut education By JOHN HOWARD Associated Press aid by $605 million over two years instead of by $2.3 billion, as Wilson chambers away, Burke decided to go back to school and become a lawyer. During his 45-year law practice, he filled an unexpired term in the state Senate in 1962 and won a full term in 1968. Despite owning three coal companies two of which he founded Burke represented Unit proposed. The governor didn't immediately comment on the Democratic plan. In New Jersey, the Republican- AT 11:00 PM controlled legislature voted to over ed Mine Workers in his practice.

Today, Burke is retired from just nae oov. Jim rionos veto of a $14.7 billion budget and send the bill to the Assembly, which voted 54-23 to implement the budget over about everything except politics. When he decided he like to at tend this vear's convention, there riono objections. was still a field of Democratic hopefuls former U.S. Sen.

Paul Tson- NOW YOU HAVE OVER 3 MORE HOURS TO PLAY AND WIN! Florio, a Democrat, rejected the Republican spending plan last week because he said it was financially gas of Massachusetts was still in the race, and ex-California Gov. Jerry unsound and would hurt people by denying basic services. Brown still had a prayer. Burke hoped that New York Gov. Mario SACRAMENTO, Calif.

California yesterday prepared to issue IOUs for the first time since the De-presssion as lawmakers and Gov. Pete Wilson struggled to get a budget in place before the fiscal year starts today. There also were budget battles in New Jersey and Florida. California State Controller Gray Davis said he would have to issue the IOU vouchers if a budget settlement weren't reached today because the state wouldn't be authorized to spend money. The state began printing the vouchers yesterday.

The first ones would go to taxpayers expecting income-tax refunds and part-time state workers, who normally are paid at the first of the month. The Democrat-controlled legislature and Wilson, a Republican, have been at odds over how to close an anticipated $11 billion deficit in the $56 billion spending plan and how much school funding to cut. Democrats offered a new plan yesterday that gave in to Wilson on tax and deficit issues. But the proposal trimmed welfare programs by In Florida, Gov. Lawton Chiles Cuomo would run, too.

"It hasn't turned out as I wanted signed an executive order to keep the government running while law it to," he said. The platform debate KENTUCKY makers spent most of the last day of is the only prospect for excitement now, Burke said. Although Burke is in good health, he acknowledges that each convention is a gift I have a kind of philosophy of living one day at a time with the the fiscal year feuding over a $31 billion budget. "There is absolutely no excuse for beginning the fiscal year without a budget that meets the needs of our citizens," Chiles said. House and Senate leaders couldn't agree on how to raise $330 million in new funds.

That would push the budget to more than $31.2 billion. Chiles vetoed a $30.9 million no-new-taxes proposal. knowledge that I may not live to finish this conversation," he said. "If I live and am in good health, I wouldn't rule out being a delegate to the next Democratic National Convention.".