The Courier-Journal from Louisville, Kentucky • Page 8

B4 THE COURIER-JOURNAL CIATII3 WEDNESDAY, DECEMBER 7, 1994 ItEfiTUCKYDZATHS SCO Hardin pupils tested for TB after janitor found ailing Judge's order to give woman driver's license is challenged By MICHAEL JENNINGS Staff Writer 10 a.m. Wednesday. OWENSBORO William Douglas Clark, 65, died here Monday. His wife, Louise, survives. Funeral, 1:30 p.m.

Thursday, Immaculate Catholic Church. Visitation at James H. Davis Funeral Home after 3 p.m. Wednesday. OWENSBORO Rose Cecilia Head, 84, died here Sunday.

Funeral, 10 a.m. Wednesday, St. Mary ALBANY Tom W. Foster, 81, died Tuesday in Burkesville. His wife, Sally, survives.

Funeral, 1:30 p.m. Thursday, Weldon-Haddix Funeral Home. Visitation after 4 p.m. Wednesday. BARDSTOWN Maude Pearl Seay, 77, died here Tuesday.

Funeral, noon Friday, Nelson County Baptist Church. Visitation at Green-well-Houghlin Northside Funeral Home after 5 p.m. Wednesday and at the church after 9 a.m. Friday. BARDSTOWN Rufus Henry Smith 70, died here Tuesday.

Funeral, 10 a.m. Friday, St. Monica Catholic Church. Visitation at Greenwell-Houghlin Northside Funeral Home after 2 p.m. Thursday.

BENTON Roy Farmer, 99, died Sunday in Paducah. The funeral was Tuesday at Collier Funeral are to be retested because they showed reactions, but they were too small to be considered positive. So far, none of the X-rays has indicated any activity, Joly said. Yesterday, about 500 students at North Hardin were tested. The test takes a few seconds.

A small needle is inserted into the brearm and a protein compound in-, ected. The injection creates a small ump. If the bump has gone down and not resurfaced in two or three days, the test is negative. If the bump resembles a mosquito bite when health department nurses check it, it is positive. A positive skin test means the person inhaled tuberculosis germs into their lungs from someone usually an adult with contagious tuberculosis.

Children usually cannot spread the disease because it doesn't make them cough, said Dr. H. Mac Vandi-viere, a physician at the University of Kentucky who works with the lo- cal health department twice a Associated Press ELIZABETHTOWN, Ky. Health officials tested about 500 high school students for tuberculosis yesterday after discovering that a janitor may have had a contagious case of the disease while working at the middle school the students had attended. The ninth-graders at North Hardin High may have been exposed when they attended James T.

Alton Middle School, officials said. Lydia Joly, a tuberculosis nurse at the county health center, said the janitor had a positive skin test about two years ago during a routine screening, but lung X-rays did not indicate a contagious case, and he was not placed on preventive medicine. Sometime between those tests and September, the man's dormant infection became active and contagious. During a mass screening of almost 800 students and staff at J.T. Alton last month, 14 of them had positive skin tests.

Thirteen others Ice ordered committed to hospital 360 more days 84, died here Tuesday. Arrangements: Gary's Funeral Home. HANSON Jerrold Crabtree, 90, died Monday in Madisonville. His wife, Pearl, survives. Funeral, 1 p.m.

Thursday, Barnett-Strother Funeral Home, Madisonville. Visitation after 3 p.m. Wednesday and after 8 a.m. Thursday. HANSON Ross R.

"Rocky" Musselman, 65, died Monday in Madisonville. His wife, Carolyn, survives. A memorial service will take place later at Brust Funeral Home, Lombard, 111. HARDINSBURG Agnes Sheeran Beard, 84, died here Tuesday. Funeral, 10 a.m.

Thursday, St. Romuald Catholic Church. Visitation at Trent-Dowell Funeral Home after 4 p.m. Wednesday. HARRODSBURG Johnnie C.

Bottom, 88, died Tuesday in Danville. Funeral, 1 p.m. Thursday, Ransdell Funeral Home. Visitation after 5 p.m. Wednesday.

HAWESVILLE Vanda Lee Young, 82, died Monday in Owens-boro. Funeral, 11 a.m. Thursday, Mount Eden Baptist Church. Visitation at Gibson Son Funeral Home after 2 p.m. Wednesday.

HAZARD Steve Golser, 32, Columbia, S. died there Saturday. Funeral, 2 p.m. Wednesday, Engle Funeral Home. Visitation after 8 a.m.

Wednesday. HINDMAN Coet Conley, 91, died here Monday. His wife, Vertie, survives. Funeral, 1 p.m. Thursday, Hindman Funeral Services.

Visitation after 2 p.m. Wednesday. HINDMAN Frieda Dyer, Le- burn, died Tuesday in Prestonsburg. Funeral, 11 a.m. Friday, Hindman Funeral Services.

Visitation after 5 p.m. Thursday. HOPKINSVILLE Carl Hutson, 80, died here Tuesday. Funeral, 11 a.m. Wednesday, Maddux Hopkins-ville Funeral Home.

Visitation after 9 a.m. Wednesday. HOPKINSVILLE Carrie Jones McGhee, 72, died here Tuesday. Funeral, 2 p.m. Friday, Fu-qua-Hinton Funeral Home.

Visitation after 6 p.m. Thursday. IRVINE Betty Jane Moores Whittington, 68, formerly of Estill County, died Monday in Louisville. Funeral, 1 p.m. Friday, Warren F.

Toler Funeral Home. Visitation after 6 p.m. Thursday. LEBANON Ernie D. Tungate, 46, Hazard, died there Tuesday after an illness.

Funeral, 11 a.m. Thursday, Campbell-DeWitt Funeral Home. Visitation after 6 p.m. Wednesday. LONDON Alan Junior Zanet, 57, died here Tuesday.

His wife, Imal, survives. Funeral, 3 p.m. Thursday, House-Rawlings Funeral Home. Visitation after 6 p.m. Wednesday.

LOYALL Angela Denlse Sturgill, 24, Fresh Meadows, died there Monday. Funeral, 11 a.m. Thursday, Loyall Funeral Home. Visitation after 5 p.m. Wednesday.

LOYALL Margaret Wilson, 68, Pathfork, died Monday in Cor-bin. Funeral, 11 a.m. Friday, Loyall Funeral Home. Visitation after 6 p.m. Thursday.

MAYFIELD Hershel Drowns, 73, Farmington, died here Monday. Graveside service, 2 p.m. Thursday, Highland Park Cemetery. Visitation at Byrn Funeral Home after 5 p.m. Wednesday.

MAYFIELD Mary Willie Curt singer Thomas, 86, formerly of Fancy Farm, died Tuesday in Louisville. Funeral, Friday, St. Jerome Catholic Church, Fancy Farm. Visitation at Brown Funeral Home after 5 p.m. Thursday.

MUNFORD VILLE Melly Lor-ene Halre, 74, Horse Cave, died Monday in Glasgow. Her husband, James, survives. Funeral, 2 p.m. Thursday, Hawkins-Brooks Funeral Home. Visitation after 1:30 p.m.

Wednesday. OWENSBORO Elolse H. Bain, 78, died here Monday. Funeral, 1 p.m. Wednesday, James H.

Davis Funeral Home. Visitation after By ANDREW WOLFSON Staff Writer Convicted killer Todd Ice should remain in a state mental hospital for another 360 days, Jefferson Circuit Judge Ken Corey ruled yesterday. Affirming Ice's civil commitment, Corey rejected the contentions of Ice's lawyers that he was being unfairly punished twice for the 1978 murder of a 7-year-old Powell County neighbor. Corey also said a district judge did not err in allowing Ice's former lawyer and his former psychologist to testify at his mental inquest hearing. Corey said in a four-page opinion that lawyer Gail Robinson's testimony about threats Ice made against her was not privileged and that Dr.

Robert Noelker had a legal duty to disclose the danger posed by Ice for the "common good of both Ice and the public." Ice's lawyer, public defender Frank Heft said he would ask the state Court of Appeals to review Corey's ruling. Home. BENTON Reba Hill, 87, died here Monday. Funeral, 1 p.m. Wednesday, Collier Funeral Home.

Visitation after 8 a.m. Wednesday. BOWLING GREEN William Mills, 90, died here Sunday. Funeral, 1 p.m. Wednesday, Massey Funeral Home.

BOWLING GREEN Bobby len Patton, 66, died here Monday. Funeral, 1 p.m. Wednesday, J. C. Kirby Son Funeral Home.

Visitation after 8 a.m. Wednesday. BROOKSVILLE John J. Bay, 86, Lenoxburg, died there Monday. His wife, Valera, survives.

Funeral, 2 p.m. Thursday, Cemetery Chapel Christian Church, Lenoxburg. Visitation at Moore Parker Funeral Home after 6 p.m. Wednesday. BROWNSVILLE Edward G.

Woodcock, 73, Smiths Grove, died Monday in Nashville, Tenn. His wife, Mildred, survives. Funeral, 11 a.m. CST Friday, Patton Funeral Home. Visitation after 6 p.m.

CST Wednesday and after 9 a.m. CST Thursday. CAMPBELLS VILLE Opiis Baxter, 78, died here Monday. Funeral, 11 a.m. Thursday, Parrott Ramsey Funeral Home.

Visitation after 5 p.m. Wednesday. CAMPBELLSVILLE Vonda Owens, 63, died here Monday. His wife, Ruth, survives. Funeral, 2 p.m.

Thursday, Parrott Ramsey Funeral Home. Visitation after 4 p.m. Wednesday. CLINTON Leslie "Polk" Bos-tick, 81, died here Monday. His wife, Geraldine, survives.

Funeral, 2 p.m. Wednesday, Brown Funeral Home. Visitation after 8 a.m. Wednesday. COLUMBIA J.T.

England, 69, died Monday in Louisville. His wife, Doshia, survives. Funeral, 1 p.m. Thursday, Grissom Funeral Home. Visitation after 10:30 a.m.

Wednesday. CORBIN Georgia Disque, 67, died Monday in Lexington. Her husband, George, survives. Funeral, 11 a.m. Thursday, Vankirk Funeral Home.

Visitation after 6 p.m. Wednesday. ELIZABETHTOWN Aaron Ford, 50, died here Monday. Funeral, 10 a.m. Wednesday, Percell Funeral Home.

ELIZABETHTOWN Charles Edward Payne, 70, died here Monday. His wife, Ann, survives. Funeral, 2 p.m. Wednesday, Brown Funeral Home. Visitation after noon Wednesday.

FRANKFORT Frances Means, 47, died here Monday after an illness. The body was cremated. Visitation at the home of her sister, Anna Seelinger, after 4 p.m. Friday. Arrangements: LeCompte-Johnson-Taylor Funeral Home.

FRANKFORT Mary Taylor, 79, died Tuesday in Versailles. Funeral, 11 a.m. Thursday, Rogers Funeral Home. Visitation after 5 p.m. Wednesday.

FULTON Marie C. Holland, 83, died Monday in Paducah. Her husband, Robert, survives. Graveside service, 2 p.m. Wednesday, Fairview Cemetery.

Visitation at Hornbeak Funeral Home after 12:30 p.m. Wednesday. GREENVILLE Erma Dunn, State transportation officials claim an order issued by Jefferson District Judge James Nicholson would frustrate the intent of state law by enabling a woman whose Illinois driver's license had been suspended to obtain a license in Kentucky. Nicholson's Jan. 7 order directing the state Transportation Cabinet to give Bonita C.

Brinly, 35, a driver's license contradicts laws intended to prevent "license-shopping" by people whose licenses have been suspended in other states, the cabinet said in a petition filed Monday. The petition, asking that Nicholson's order be overruled, was assigned to Jefferson Circuit Judge Geoffrey Morris. According to court documents, Brinly was an Illinois resident and held an Illinois driver's license when she was arrested in Kentucky in May 1993 and charged with reckless driving and driving under the influence. She pleaded guilty to the latter charge in August 1993. Kentucky transportation officials notified their Illinois counterparts, who revoked Brinly's Illinois driver's license.

Brinly, who has since moved to Louisville, would be eligible for a Kentucky driver's license except for Illinois officials' refusal to issue a clearance letter, the petition says. Nicholson was not a party to the case involving the traffic charges against Brinly, the petition says. If followed, his Jan. 7 order would violate Kentucky law, which forbids issuing a driver's license to anyone with a suspended out-of-state license, it says. The law gives force to the state's "legitimate concern in preventing drivers whose licenses have been suspended for drunk driving from operating vehicles on Kentucky highways," the petition says.

Moreover, it says, Nicholson lacks jurisdiction over the issuance or reinstatement of driver's licenses, matters delegated to the Transportation Cabinet by the legislature. Nicholson could not be reached for comment yesterday. Nicholson has also been challenged in a separate matter by public defenders, who have asked the state Supreme Court to strike down his policy of requiring some defendants to pay a contempt fine or appearance bond before they can appear in court. A petition filed in August by the Jefferson District Defender's office claims the policy violates constitutional guarantees of free access to courts. The Supreme Court has not yet ruled in the matter.

Former mayor of Hodgenville, R. J. Brown, dies From Staff and Special Dispatches HODGENVILLE, Ky. Robert Jewell Brown, a former Hodgenville mayor and city councilman, died yesterday at his home after an illness. He was 85.

Brown was mayor from 1970 to 1974. He retired from New Hardin Furniture in 1982, He was a member and former secretary and master of B. R. Young Masonic Lodge and a member and former patron of Order of Eastern Star Hodgenville Chapter 318. He also was deputy grand patron of Order of Eastern Star District 19 and a member of First Baptist Church.

His survivors include his wife, Gladys G. Brown; a daughter, Laura B. Swenson of Louisville; and a grandson. The funeral will be at 11 a.m. tomorrow at Bennett-Bertram Funeral Home, with a graveside service at 3 p.m.

in Mapleview Cemetery in Marion. Visitation will be after 2 p.m. today. City's free-parking gift to shoppers has limits BOSTON (AP) The city's gift of free holiday season parking turned out to be more like a lump of coal to some people. About 1,000 shoppers who took advantage of the offer didn't realize the parking was free for only an hour or two, and they got slapped with $20 tickets.

By yesterday, the city had received so many complaints it canceled the tickets. But the spirit of giving has its limits: All future tickets will stand. Although the city could lose $30,000 in revenue, it has offered the free parking for the past three years. In the past, there have been only a few misunderstandings over tickets. LOUISVILLE AREA FUNERALS Magdalene Catholic Church near here.

Visitation at Haley-McGinnis Funeral Home after 8 a.m. Wednesday. OWENSBORO Betty Jean Jackson, 63, died here Saturday. Funeral, 11 a.m. Wednesday, Haley-McGinnis Funeral Home.

Visitation after 9 a.m. Wednesday. OWENTON Ronald Anderson, 47, New Liberty, died Sunday in Fort Thomas after an illness. Funeral, 2 p.m. Thursday, McDonald Seminary Street Funeral Home.

Visitation after 5 p.m. Wednesday. PADUCAH Edith Dry, 90, died here Monday. Funeral, 10 a.m. Thursday, Roth Funeral Chapel.

Visitation after 5 p.m. Wednesday. PADUCAH Michael Garrett, 38, died here Monday. Funeral, 2:30 p.m. Wednesday, Lindsey Funeral Home.

Visitation after 9 a.m. Wednesday. PADUCAH DeEtta Mayhugh, 48, died here Monday. Graveside service, 3 p.m. Wednesday, Pleasant Grove Cemetery, Colerain, Ohio.

Arrangements: Lindsey Funeral Home. PADUCAH Fem Wery died here Tuesday. Graveside service, 1 p.m. Thursday, Maplelawn Cemetery. Arrangements: Roth Funeral Chapel.

PAINTSVILLE Eugene Robinson, 64, died Monday in Lexington. His wife, Eula, survives. Funeral, 11 a.m. Thursday, Friendship United Baptist Church, Williams-port. Visitation at Jones-Preston Funeral Home after 8 a.m.

Wednesday. PERRYVILLE George Dudley Sparrow, 74, Gravel Switch, died Monday in Lexington. His wife, Isa-leen, survives. Funeral, 11 a.m. Thursday, Wilder Funeral Home.

Visitation after 5 p.m. Wednesday. PRINCETON Henry Williams, 91, died here Saturday. Funeral, 11 a.m. Friday, Macedonia Missionary Baptist Church, Eddy-ville.

Visitation at Morgan's Funeral Home after 5 p.m. Thursday. PROVIDENCE Fannie Louise Ware, 66, died here Sunday. Funeral, noon Thursday, Pleasant Hill Baptist Church. Visitation at Town-send-Jones Funeral Home after 6 p.m.

Wednesday and after 10 a.m. Thursday. RICHMOND James M. Adams, 85, died here Monday. Funeral, 11 a.m.

Thursday, Oldham, Roberts Powell Funeral Home. Visitation after 4 p.m. Wednesday. RUSSELLVILLE Dorothy Gaines Clark, 68, died Monday in Bowling Green. Her husband, Byrnes, survives.

Funeral, 2 p.m. Wednesday, Sanders Funeral Home. SHELBYVILLE Christine Lefler, 78, died Tuesday in Cincinnati. Funeral, 1 p.m. Thursday, Shannon Funeral Home.

Visitation after 2 p.m. Wednesday. VINE GROVE Donald Hilary Phillips 62, died here Tuesday. His wife, Mary, survives. Funeral, 11 a.m.

Thursday, St. Martin of Tours Catholic Church, Flaherty. Visitation at Nelson-Edelen-Bennett Funeral Home after 4 p.m. Wednesday. WEST LIBERTY The funeral for Gamer B.

Adams, 87, has been changed to 10:30 a.m. Wednesday at Herald Stewart Halsey Funeral Home. He died Monday. WHITLEY CITY Rossis F. Rldner, 38, Parkers Lake, died there Monday after an illness.

Funeral, 2 p.m. Wednesday, Sawyer Chapel Baptist Church. Visitation is at her home. Arrangements: Mc-Creary County Funeral Home. Waples, arguing before Gray, said that the state's electric chair works unreliably and that electrocution violates state and federal constitutional bans on cruel and unusual punishment.

Court rulings upholding the constitutionality of execution by electrocution are based on wrong and outdated assumptions that the condemned criminal loses consciousness immediately, he said. Gray, who prosecuted Steven Judy for the murder of a mother and her three children, ruled that electrocution does not violate the constitution. Judy was executed in 1981 after refusing to appeal. As the legal battling was ranging from Indianapolis to Washington, Resnover waited on death row at the state prison in Michigan City. Protests of the impending execution resumed at the Statehouse.

month. If the opinion is affirmed, Assistant County Attorney Martin Kas-dan Jr. said, he will ask a district court judge to order that Ice be involuntarily medicated while he is confined to Central State Hospital. Ice has previously resisted medication. Ironically, if medication is ordered and it results in an improvement in Ice's condition, his doctor could order his release before the 360-day commitment expires, without the court's approval, Kasdan said.

Ice, who was convicted of manslaughter, served out his sentence but was involuntarily committed last March after a weeklong trial. Ice could be released immediately if a physician finds he that is no longer mentally ill or a danger to himself or others; that he no longer benefits from treatment or that hospitalization is no longer the least restrictive form of treatment. Ice was initially convicted of murdering Donna Knox and sentenced to death, but that conviction was reversed. Anna Bradley Meyer, 68. Funeral: 11 a.m.

Wednesday, Herman Meyer Son, 1338 Ellison Ave. Visitation: after 10 a.m. Wednesday. Vilma "Billy" Beard Minter, 66, Greenwood Avenue. Funeral: 11 a.m.

Wednesday, Zion Baptist Church, 2200 W. Muhammad Ali Blvd. Arrangements: Hathaway Clark Funeral Home. Helen L. Wright O'Daniel, 75, a native of Lebanon.

Funeral: noon Thursday, Owen Funeral Home, 5317 Dixie Highway. Visitation: after 1 p.m. Wednesday. The Rev. Horace Petrie, 90, of 812 S.

Shelby a native of Todd County. Funeral: 11 a.m. Thursday, Hughlett Temple AME Zion Church, 2115 W. Jefferson St. Visitation: G.

C. Williams Funeral Home, 1935 W. Broadway, after 7 p.m. Wednesday. Ann M.

Jackey Rapp, 77, South Louisville. Funeral: 10 a.m. Wednesday, SS. Simon Jude Catholic Church, 4335 Hazelwood Ave. Arrangements: Nunnelley Funeral Home.

Donald Chester Riddle, 64. Funeral: 1 p.m. Wednesday, Owen Funeral Home, 5317 Dixie Highway. Visitation: after 10 a.m. Wednesday.

Dolores Edna O'Neil Riehl-man, 85, Fern Creek. Funeral: 10 a.m. Wednesday, Fern Creek Funeral Home, 5406 Bardstown Road. Louise J. Durham Roberts, 73, Jeffersonville, formerly of South Louisville.

Funeral: 10 a.m. Thursday, Nunnelley Funeral Home, 4327 Taylor Blvd. Visitation: after 4 p.m. Wednesday. Carl Rush, 81, a native of Glasgow.

Funeral: 1 p.m. Wednesday, Ratterman's-Southwest, 4832 Cane Run Road. Visitation: after 10 a.m. Wednesday. Isabell Inez Schooling, 58, of 3240 Young a native of Lebanon Junction.

Funeral: 11 a.m. Wednesday, Rowan Grevious Mortuary, 1400 Beech St. Mary Gladys Skeeters, 80, a native of St. Mary. Funeral: 11 a.m.

Wednesday, St. Paul Catholic Church, 6901 Dixie Highway. Arrangements: Owen Funeral Home. Wayne E. Turner, 79, South Louisville, a native of Central City.

Funeral: 10 a.m. Wednesday, 0. D. White Sons Funeral Home, 2727 S. Third St.

Everett J. Arlngton, 82, Crescent Hill, a native of Pellville. Funeral: 1 p.m. Wednesday, Arch Heady Crescent Hill Funeral Home, 2428 Frankfort Ave. Visitation: after 11 a.m.

Wednesday. William L. Bowman, 62, of 1000 S. Western Parkway, a native of West Point. Funeral: 1 p.m.

Wednesday, Rodgers-Awkard Funeral Home, 951 S. Preston St. Louise W. Briley, 94, of 2223 Magazine St. Funeral: 2 p.m.

Thursday, Mount Lebanon Baptist Church, 2224 W. Chestnut St. Visitation: G. C. Williams Funeral Home, 1935 W.

Broadway, after 7 p.m. Wednesday. Carl "Pluto" Chamberlain, 79, Worthington. Funeral: 1 p.m. Wednesday, Stoess Funeral Home, Crestwood.

Frances O'Meara Davis, 85, Parkway Medical Center. Funeral: 11:30 a.m. Thursday, Most Blessed Sacrament Catholic Church, 3509 Taylor Blvd. Visitation: Arch Heady Southern Funeral Home, 3601 Taylor after 1 p.m. Wednesday.

Donald G. Devlne, 61. Funeral: 10 a.m. Wednesday, Keenan's Funeral Home, 4724 Dixie Highway. The Rev.

Raymond Elsworth "Dave" Flournoy, 75, a native of Pewee Valley. Funeral: 1 p.m. Wednesday, Sycamore Chapel United Methodist Church, 7500 Frazier-town Road, Pewee Valley. Arrangements: Hathaway Clark Funeral Home. Donald J.

HauberL Funeral: 1 p.m. Friday, Seaver Funeral Home, Princeton, W.Va. Visitation: after 11 a.m. Friday. Local arrangements: Rattennan's-Lexington Road.

Mary Josephine "Jo" Kellogg Hornback, 70. Funeral: 10 a.m. Wednesday, Ratterman's-South-west, 4832 Cane Run Road. W. Selgel Kemp, 85.

Funeral: 2 p.m. Wednesday, Kraft Funeral Service, 708 E. Spring New Albany, Ind. Visitation: after 10 a.m. Wednesday.

Elsa Koenlg, Summerfield Manor, formerly of Hillebrand House. The body will be cremated. Services will be private. Arrangements: Rat-terman's-Lexington Road. Tilford Howard Logsdon, 67.

Funeral: 11 a.m. Wednesday, Evergreen Funeral Home, 4623 Preston Highway. Man loses appeals as execution nears By THOMAS P. WYMAN Associated Press INDIANAPOLIS Two state judges turned down requests yesterday to block the execution of Gregory Resnover, whose lawyers turned to the U.S. Supreme Court with a plea to halt his electrocution, which is scheduled for early tomorrow.

One judge called the request "a last-minute attempt to manipulate the judicial process." Robert W. Hammerle, Resnover's chief attorney, asked the U.S. Supreme Court for a stay to reconsider his death sentence. The court had no immediate response. Hammerle said he is also preparing requests for U.S.

District Court in Indianapolis and the 7th U.S. Circuit Court of Appeals in Chicago. "Certainly it appears bleak now for Mr. Resnover," said Indiana Civil Liberties Union lawyer Richard Waples. The final effort in state court, which failed, was Resnover's "last best chance to get a stay," he said.

Resnover, 43, is scheduled to be executed just after midnight for his part in the 1980 shooting death of Indianapolis police Sgt. Jack Ohr-berg. Ohrberg was slain trying to arrest Resnover in the shooting death of a Brinks guard. Earlier yesterday, Marion Superior Judge Anthony J. Metz HI dismissed a stay request filed by attorney Michael K.

Sutherlin asking the court to review Gov. Evan Bayh's decision Monday to deny clemency. Waples managed to win the second hearing only after four judges refused to consider the matter and Indiana Chief Justice Randall T. Shepard appointed Morgan Superior Judge G. Thomas Gray as a special judge.

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