The Courier-Journal from Louisville, Kentucky • Page 7

-V RDAY, NOVEMBER 13, 1993 COMPILED FROM AP AND STAFF DISPATCHES Hazardous waste costs company $200,000 The Frankfort Bureau FRANKFORT, Ky. An Eliza-bethtown company has agreed to is? '1 'f -V'' hf i I J- pay $200,000 in fines and other costs to serue state cnarges inai illegally disposed of methylene chloride in the Hardin County landfill. Gates Rubber Corp. will pay a fine of $125,000 and contribute $50,000 to the state's fund for managing hazardous wastes and $25,000 to the Hardin County schools for environmental education. The company also must publish an apology in the Elizabethtown newspaper.

The state attorney general's office, which prosecuted the case, agreed to reduce a felony charge against the company to a misdemeanor. It also agreed to dismiss charges against two Gates' managers after they perform community service and pay $3,000 apiece to the hazardous-waste fund. The case and the sizable fines are important because this is one of the early criminal prosecutions by the state for environmental crimes. The company makes belts and hoses for automotive and other uses. Glenn can use his money to pay off campaign debt; WASHINGTON (AP) The Fed-j eral Election Commission voted yes4 terday to let Sen.

John Glenn usef STAFF PHOTO BY LARRY SPITZER HEADING FOR HOME: Heart-transplant recipient Jay Maschak spoke with reporters yesterday at Frazier Rehab Center In Louisville as he left for home In Radcliff after a five-week stay. The former soldier's heart muscle was destroyed by a virus he contracted In the 1991 Persian Gulf war. A heart-assist device kept him alive for 21 months before the Aug. 18 surgery. LeMaster says he did not testify because prosecutor proved nothing Simpson board won't void votes FRANKLIN, Ky.

The Simpson County Board of Elections will not void absentee votes cast in this month's Franklin mayoral race, according to Simpson County Clerk Bobby "Chip" Phillips. "The board met Monday, and we just decided that we had no authority to act on that request," said Phillips, who is chairman of the board. The request to void the absentee votes was made by losing candidate Larry Freas, who said the absentee votes should be voided because of the proximity of the clerk's office to the headquarters of his opponent, Bill Gentry. That proximity might have exerted undue influence on voters making absentee votes in the clerk's office, Freas claimed. Gentry beat Freas by 32 votes in the election 1,169 to 1,137 but Freas would have won by three votes if the absentee votes were voided, he said.

Woman charged in infant's death WHITESBURG, Ky. A 19-year-old Eastern Kentucky woman has been indicted on a charge of second-degree manslaughter for allegedly leaving her newborn daughter in the drawer where she was found dead. Valerie Nethers of Blackey in Letcher County was indicted Wednesday. Her arraignment, which had been scheduled for yesterday, was pushed back to Dec. 8.

She is free on a $5,000 unsecured bond. Kentucky State Police discovered the newborn Sept. 18 in a drawer at Nethers' home after she was admitted to the Whites-burg Appalachian Regional Hospital. An autopsy showed that the baby was alive when it was delivered. Knott County coal mine to be closed KITE, Ky.

An Eastern Kentucky coal company said yesterday that it was closing a mine that had been shut down by federal officials two days earlier for alleged safety violations. The U.S. Mine Safety and Health Administration closed the Rocky Hollow Coal Co. No. 3 mine near Kite in Knott County on Wednesday.

Inspectors found 53 violations and issued five orders, two of which cited imminent danger, acting District Manager Joe Pavlovich said. Pavlovich said that coal dust had been allowed to accumulate at explosive levels and that electrical hazards also contributed to the danger of a blast. Production at the mine, which employed more than 20 workers, was started March 1, Pavlovich said. He said company officials already had planned to close the mine. Durant hospitalized for chest pains FORT CAMPBELL, Ky.

Former hostage Michael Durant was hospitalized briefly for chest pains and released after a complete examination, Army officials said. Durant was admitted to Blanchfield Army Community Hospital at Fort Campbell early Thursday. "He rested well during a complete medical examination, and no one found anything wrong," post spokesman George Heath said. "There was no indication of any life-threatening complications." Durant, a chief warrant officer and Black Hawk pilot in the 160th Special Operations Aviation Regiment, was held captive by Somalian gunmen for 11 days after his helicopter was shot down in Mogadishu. Durant, who underwent surgery at Blanchfield, is recovering from leg and back injuries.

IRS seeks people owed refunds COVINGTON, Ky. The Internal Revenueryice is, trying to track down 536 people in Kentucky who are owed refunds. The IRS has $250,852 in 1992 refund checks that Kerttuckians haven't picked up because they have moved or didn't list the correct names on their filings. The average refund for people on the list is $468. "This is our once-a-year kind of good news," said Bruce Dill-man, a spokesman for the IRS in Louisville.

People can call 1-800-829-1040 to find out whether they are due a refund. If their name is on the list, the IRS will verify the refund and issue a check within six weeks, Dillman said. Rotary student conference is today The Louisville Rotary Club's Student Program on Kentucky Enterprise will hold its annual conference from 10 a.m. to 3:30 p.m. today at Bellarmine College's Frazier Hall.

More than 400 Kentucky high school students will attend the conference, and Lt. Gov. Paul Patton is scheduled to discuss issues that will affect the state's future. The students will be asked to offer suggestions for making Kentucky a better place to live and work. more of his own money to whittle $3.18 million in debts left over from his 1984 presidential campaign.

Over the objections of the agenj cy's in-house lawyers, ers voted 4-0 to allow an exception-for the Ohio Democrat because his debt is so old and so large. Glenn long ago put $50,000 of hi? own money into the presidential" campaign account. He was barred by law from givinj any more because the campaign' had agreed to abide by certaif. LeMaster said yesterday that he did not try to explain to the FBI then that the money was for bets because he had been strictly advised by Sen. Fred Bradley, a friend and attorney who counseled LeMaster during the interview, not to volunteer information to the agents.

LeMaster insisted: "I did not lie to the FBI. They disagreed with my version of certain events. But you must remember, as of March 31, 1992, they were relying upon what was being told to them by a perjurer, a liar, and self-confessed con man and outlaw, Jay Spurrier." LeMaster said he intends to retain his Senate seat. He said he believes he has a solid chance of getting his conviction on the lying charge thrown out. The state constitution prohibits a convicted felon from serving in the legislature LeMaster said, but provision would riot apply until any appeals are exhausted.

1 If the trial judge rejects a pending motion to overturn the conviction, LeMaster will be sentenced on Jan. 20 and could be ordered to prison during the 1994 legislative session. LeMaster and Hollon said it was premature to speculate on what he would do if he is sentenced on that date or how he would respond if impeachment proceedings were initiated against him. viction, LeMaster declined to provide details of his defense yesterday. And Hollon elaborated only a bit on the successful defense on the bribery charges.

He said Spurrier had indeed handed a total of $6,000 in cash to LeMaster in early 1992 but that the money was all for bets to be placed for Spurrier at race tracks. Hollon said LeMaster used his own discretion in placing the bets for Spurrier. And when those bets paid off, LeMaster returned the winning tickets to Spurrier, Hollon said. But Hollon declined to say about how many of those $6,000 in tickets might have paid off. LeMaster did respond to a few questions.

Asked if he was surprised that a lobbyist would give him such large amounts of money to bet without telling him which horses to bet on, LeMaster insisted that Spurrier had never ''given" him" any money, but had only used Le-'Master; as do'riduilfor placing be.ts.;. Asked if he thought it was right for a senator to be used as a conduit for $6,000 in cash bets from a lobbyist, LeMaster said, "As far as anyone asking me to place a bet for them from now on, I'm not going to do it." During the long March 31 interview, FBI agents asked repeatedly about any cash that Spurrier might have given LeMaster. By TOM LOFTUS Staff Writer LEXINGTON, Ky. Sen. David LeMaster said yesterday that he did not testify in his own defense in his recent corruption trial mostly because he thought prosecutors had proved nothing with the testimony of their star witness, former lobbyist John W.

"Jay" Spurrier III. "That jury didn't believe a word Spurrier was saying. And the gov- 1 ernment came in with a weak case, and it left with a demolished case when Spurrier finished being cross-examined," LeMaster said. "Naturally, any defendant would like to get up and look the jury in the eye and testify. But sometimes you have to submerge your ego." LeMaster, D-Paintsville, and his attorney, Alva Hollon were interviewed during the taping of WLEX-TV's "Your, program, which will air 11:30 a.m.

Nov. A federal jury found LeMaster not guilty on Nov. 1 of two charges that alleged $6,000 paid by Spurrier to LeMaster in early 1992 was a bribe to win LeMaster's opposition to legislation feared by Spurrier's clients in the harness-racing industry. But the jury did find LeMaster guilty of a charge of lying to the FBI when he was interviewed on March 31, 1992. Because he is appealing that con Pro wrestler Jerry Lawler charged With rape, sodomy of 13-year-old girl rules, including a limit on noi much of his own money he coul legally spend.

In exchange, Glennl presidential campaign receive! $3.15 million in public money. Glenn's investments after his ai tronaut and military career mad him a multimillionaire. Man accused of rape due $300,000 settlemenj NEW YORK (AP) The city arJ a bank have reportedly agreed i give $300,000 to a man whose phi tograph mistakenly appeared in twl newspapers as a suspect in a sern of rapes. James L. Hairston Jr.

was to gi $200,000 from the city and from Apple Bank to settle a lawsui The New York Times reported. Hairston, 45, was arrested for thtA crimes in 1991 after being identified as the man in a photo that appeared. in two newspapers as the suspect ail, as many as six rapes. Apple had given police the phot graph of Hairston at a bank mr chine. Police believed it showed thfc rape suspect using a bank card stolen from a victim.

But Hairston had been at the machine about 30 miri- -utes after the suspect. Hairston was released the day he was arrested after police discovered the mistake. Miami will go public with convicted 'johns' MIAMI (AP) The city plans to televise the names of convicted prostitution customers. Anyone found guilty of picking up a prostitute within the city limits can expect to see his name flashed on the city's community-access channel. The impetus comes from a coalition of homeowner associations, merchants and chamber of commerce groups in an area that has a lot of prostitution.

"If we can dry up the customer base, we can get rid of them," said Ernestine Stevens, president of the Bayside Residents Association. St. Petersburg was the nation's first city to televise the names of prostitution customers, the League of Cities said. it By CARY B. WILLIS Staff Writer Jerry Lawler, a well-known professional wrestler who frequently plies his trade at Louisville Gardens, was charged yesterday with rape and sodomy for allegedly having sex with a 13-year-old Louisville girl.

Lawler, who is known by the moniker "The King," was indicted by a Jefferson County grand jury on one count of sec- ond-degree rape, three counts of second-degree sodomy and one count of harassing a witness. The rape and sodomy counts Lawler are felonies carrying possible prison sentences of five to 10 years each. The harassment charge is a misdemeanor with a maximum penalty of 12 months in jail and a $500 fine. Lawler, 43, of Memphis, also is being investigated on criminal allegations in Southern Indiana. He is accused of having sex with the Louisville girl June 6 and in July, according to the indictment.

COLLINS Continued from Page 1 filed in the Letcher circuit clerk's office. Collins also said that the former jailer was having a relationship with one of the jurors and was using that relationship to influence the juror for the plaintiff. However, Collins didn't say in the document, dated Nov. 8, that he was asked to rule in a particular way, or that the money influenced him. Neither Banks nor Craft, who have been indicted in an investigation into alleged corruption in Letcher County, could be reached Police and prosecutors would not go into much detail about the case.

However, Detective Mike Redmond of the city-county Crimes Against Children Unit said the girl was a fan of the wrestling matches at Louisville Gardens. He said no force was used, but the charges were brought because of the girl's age. The harassment charge alleges that on Oct. 4, Lawler "engaged in misleading or unlawful conduct intended to dissuade a person who he believes may be called as a witness from causing a criminal prosecution to be sought or instituted." Common wealth's Attorney Nick King said that person is not the alleged victim of the sex crimes, but he would not elaborate. Detective Dan Crump of the Clark County, Sheriff's Department said his office is investigating allegations against Lawler and another professional wrestler.

Crump would not say what charges are being considered. Lawler could not be reached for for comment. But their lawyers Alva Hollon Jr. of Lexington for Craft and Ned Pillersdorf of Pres-tonsburg for Banks said the allegations were unfounded. Craft was representing Letcher County resident Georgia Taylor in the civil suit against obstetrician Arba Kenner, who now lives in Frankfort, and Collins Mountain Comprehensive Health Corp.

Taylor had sued Kenner over an injury mat layior had sutfered after her delivery. Kenner's lawyer, Jim Roark of Hazard, said a hearing in the case is scheduled Tuesday before the Kentucky Court of Appeals. He also comment. His lawyer, Tim McCall, said the charges, including suggestions that a second girl was involved in Indiana, are false. "He denies having sex with the girls," McCall said.

Lawler may be known best for a pair of scrapes with comedian Andy Kaufman. In April 1982, Kaufman a former regular on the TV comedy "Taxi" who had earned a degree of infamy wrestling women on "Saturday Night Live" suffered neck and back injuries during an exhibition wrestling match with Lawler in Memphis. Several months during the taping of the David Letterman show, Lawler and Kaufman traded insults until Lawler smacked Kaufman's face. Kaufman responded by dumping a cup of coffee on Lawler. A few years later, a Louisville woman filed suit against Lawler, accusing him of having spat on her during a wrestling match at the Gardens.

Lawler denied spitting on her, and a Jefferson Circuit Court jury found in his favor during a 1988 trial. asked yesterday for a new trial in Letcher Circuit Court. "That was a terrible award," Roark said. "That's the most money I've ever lost." As part of the corruption investigation, Craft has been indicted on 103 counts of complicity to theft for allegedly paying his private secretary with state money. He also has been charged with one count of second-degree possession of a forged document for allegedly doctoring a will.

Banks is charged with theft and possession of a forged instrument for allegedly using $7,000 in county money to buy furniture for his home. -1 -t Jit Crsr'lr I i 'Killer bees' in New Mexico ANIMAS, New Mexico (AP) New Mexico's first Africanized honey bees have been found under- neath a cattle feeder. Kim Burton was stung once 23 by a "killer bee" in a swarm. Agents from the U.S. Department of Agriculture confirmed they were-Africanized.

"We've been expecting' them since the latter part of May," said Mike English, a New Mexico -State University entomologist. They entered the United States at Hidalgo, Texas, in October 1990 and have been spotted in Arizona. STAFF PHOTO BY STEWART BOWMAN BRIGHTENING THE CORNER: Richard Carter held a ladder steady for Paul Hardin as he cleaned a street lamp In front of the Old State Capitol In Frankfort yesterday..