The Tennessean from Nashville, Tennessee • Page 17

7 i'(r-Bi-. u.s- 2BNEIGHBORHOOD NEWS SECTION 5B BUSINESS NEWS 8B METRO, STATE NEWS IN BRIEF TheTENNESSEAN FRIDAY, APRIL 6, 1990 Wiseman ordered to allow staff security checks Long enters bribery try guilty plea Ex-bingo lobbyist sheds light on undercover role JIM O'HARA Staff Writer Former bingo lobbyist Jim Long pleaded guilty yesterday to trying to bribe state Sen. Randy McNally in the 1986 Senate speaker's race, and shed new light on McNally's undercover role. The bribe attempt and the expectation of Long's guilty plea were reported in January in The Tennessean. Long's plea yesterday before Circuit Court Judge Walter Kurtz took only 20 minutes.

Long, who is cooperating with fed ALAN BOST1CK Staff Writer A federal appeals court panel has ordered U.S. District Judge Thomas A. Wiseman Jr. to allow security checks of his staff, despite Wiseman's insistence that the checks challenge his authority. In connection with a criminal case involving classified information, Wiseman refused a government's request last year to investigate the backgrounds of his law clerk, secretary, courtroom deputy and court reporter, arguing that such scrutiny represents a "blatant incursion" into the operation of his office.

U.S. Attorney Joe Brown, representing the government appealed Wiseman's ruling, and a three-judge panel of the 6th VS. Circuit Court of Appeals in Cincinnati ruled this week that such checks are necessary in the interest of national security. "Under no circumstances should the judiciary become the handmaiden of the executive" branch of government, says the panel's opinion, authored by the court's chief judge, Gilbert S. Merritt of Nashville.

"However, the Supreme Court also has confirmed the government's compelling interest in protecting both the secrecy of information important to our national security and the appearance of confidentiality. "Although permissible measures taken to satisfy this compelling interest would not include those that cause the encroachment or aggrandizement of one branch at the expense of the other, the requirement that courtroom personnel be subject to background checks before gaining access to classified information does not in itself threaten such a result" Security checks of a judge's staff were established by the Classified Information Pro judicial process." He argued, in essence, that the checks are unconstitutional because they violate "judicial independence and the separation of powers" among the udicial, executive and legislative branches of government The appellate ruling, though allowing the screening, did note the importance of Wiseman's argument. It said that the judge's "concerns about preserving the judiciary from unwarranted encroachment by co-equal branches are firmly rooted in the Constitution and Supreme Court precedents." But the panel determined that the checks, which occur prior to staff participation in a case, do not erode judicial authority to the extent Wiseman contends. It said, for instance, that the checks "only I Turn to PAGE 3B. Column 1 cedures Act or CIPA, which was a focal point of several months of pre-trial wrangling in the case of former Marine Corps Lt Col.

Oliver North. U.S. District Judge Gerhard Gesell in Washington finally resolved the issue by allowing the Justice Department to screen his staff, but he made it clear he did not feel bound to do so. Wiseman, chief judge of the Midstate's federal court system, chose a different course. He refused the requested checks in a strongly-worded order proclaiming that "the independence of this court will not be compromised." "The procedure invites executive (branch) officials into a court's chambers and authorizes them to dictate to federal judges the manner in which they conduct their business," the judge wrote.

"This interferes with the very core of the Hawker of hot dogs turns hero ill fvilv fjy F' "tJr rS Kw Vj5S Dtf' 9- p3f'; St I. XT' ROB BINGHAM Staff Writer Hot dog hawker Harry Reid became a hero yesterday after the 31-year-old songwriter foiled an unstable homeless woman's attempt to steal a pistol from an unsuspecting police officer's holster. Reid was having a quiet day enjoying yesterday's sunshine and selling hot dogs on Lower Broadway when trouble struck about 1:30 p.m. Sharon D. Dickerson, 43, approached Metro police officer Fred Cloud and asked him to buy her one of Reid's hot dogs, Cloud said.

"The officer was real nice to her and told her she should save her money and buy lunch instead of getting drunk," Reid said. But while Cloud was directing a pair of out-of-town visitors to the Stahlman Building, Dickerson went for the officer's pistol after whispering to Reid, "Watch I'm going to Ricky Roger Stall Harry Reid, a downtown hot dog vendor, explains how he prevented a woman from grabbing a police officer's gun. get his gun," Cloud said. Cloud said Dickerson had unsnapped his holster and was in the process of drawing out the pistol when Reid sprang into action. "I hadn't been turned around 15 seconds when I felt a tug on my belt.

hadn't grabbed her she would have cersaid. it He was incredibly fast. Cloud said, arms around the lady's arms," Cloud come out with it and you would have Cloud said he would nominate Reid In the tradition of John Kennedy said been reading a different story in the for a civilian commendation. Toole's fictional hot dog hero, Igna- Dickerson was charged with one paper," he said. "I have no doubt that he will get it" tius J.

Reilly. in Confederacy of count of assaulting an officer, Cloud After the incident Dickerson told Cloudsaid. Dunces, Reid happily savored MS said. Cloud, "I don't know whether I was "I'm just lucky. Most people would moment of glory yesterday by eating "I have no doubt in my mind if he going to shoot you or myself," the offi- have frozen, but he didn't think about a hot dog.

eral and state authorities in their investigation of public corruption tied to the bingo industry, can receive up to a three-year sentence under a plea agreement worked out between his attorney and state prosecutors. "He's not making any comments," said Mike Caputo, Long's attorney. It was Long's second court appearance in two days. He pleaded guilty in federal court Wednesday to conspiracy and mail fraud charges in an illegal bingo hall near Crossville, Tenn. He will testify against his co-defendants, including state Rep.

Tommy Burnett of Jamestown, in that trial. The bribery case revolved around the hotly contested election in 1986 between Lt. Gov. John Wilder of Somerville, and Sen. Riley Darnell, of Clarksville, to be Senate speaker.

"Neither of the senators knew about the bribe attempt," said Assistant District Attorney General Mark Beveridge in reciting to Kurtz a summary of the facts of the case. McNally of Oak Ridge was offered and the prospect of a "choice committee" assignment to vote for Darnell, Beveridge said. McNally voted for Wilder. In telling how the bribe offer came about, Beveridge gave the first official, detailed account of how McNally came to work undercover for the Tennessee Bureau of Investigation and FBI in their "Rocky Top" investigation. It has been previously reported that McNally played the role of a corrupt politician and secretly recorded conversations which investigators have used to make cases against two other lobbyists, W.D.

(Donnie) Walker and David (Peabody) Ledf ord. Walker, who had also been a bingo enforcement officer in the secretary of state's office, has pleaded guilty to trying to bribe McNally on a gambling bill and is cooperating with authorities. He is serving a seven-year prison sentence. Ledf ord, accused of bribing McNally on a bingo bill and a garbage bill, has pleaded not guilty and is awaiting trial. McNally's role began in January 1986 when he received complaints about the operations of an Oak Ridge bingo hall, Beveridge said.

The senator relayed those complaints to the secretary of state's office then responsible for enforcing bingo regulations and the state attorney general. In February 1986, Long approached McNally about his complaints against the Oak Ridge operation, Beveridge said. The prosecutor said Long told McNally that bingo operators "had supported" lawmakers who helped them, and that conversation caused the lawmaker to contact the FBL McNally was told of the investigation and agreed to a request to help, Beveridge said. Shortly after that, McNally was gjv-en $300 in cash by Long "to ease up." Asked about that transaction yesterday, McNally said the lobbyist walked up to him in the hallway one day and gave him an envelope. McNally said he immediately called the FBI and took them the envelope.

Torchmark blocked American General wins round in Texas court Down's syndrome: It's hut with help ELLEN DAHNKE Staff Writer When her newborn son, Elliott, was diagnosed as hav ing Down syndrome, Ka-thy Timmons and her husband, Donald, only wanted "to do whatever we could to help him," she recalled. Genetic counseling made available through the Vanderbilt Children's Hospital helped the Tim-monses do just that she says. To see the lively Elliott todav. learning while he Children's Hospital bers are up for re-election. Torchmark wants to replace five of those six with a slate of "independent directors." American General says its bylaws require a 60-day advance notice for nominations to the board.

In Houston yesterday, U.S. District Judge David Hittner granted American General's request for an injunction prohibiting Torchmark from soliciting shareholder proxies on behalf of its nominees. Torchmark "intends to appeal immediately," the company said. American General's price fell more than $1 per share, from $38.50 Wednesday to $37,375 yesterday on volume of just over 1 million shares. Torchmark gained almost $1 per share, closing at $46.75 yesterday compared with $45,875 Wednesday.

About 1,500 Middle Tennesseans work at the local headquarters operation of American General's profit-producing subsidiary, American General Life and Accident Insurance Co. Yesterday's court action was not surprising, according to Tom Richter, senior vice president at Atlanta-based Robinson Humphreys Inc. "That was a fairly high probability." he said. ED GREGORY Staff Writer Torchmark advance on American General was slowed yesterday, but not stopped, when a federal judge in Texas granted an injunction blocking Torchmark's attempt to oust five American General board members. Birmingham-based Torchmark has withdrawn its March 26 offer of $50 per share, or $6 2 billion, for American General.

However, it is still seeking to gain control of its larger rival. Yesterday, Torchmark said it will continue to solicit shareholder votes for a resolution that could force American General to consider and actively solicit takeover offers. "The judge's decision does not in any way affect the solicitation of proxies for the resolution," Torchmark said late yesterday. "The resolution calls on the board of directors to appoint a committee of independent directors to evaluate all acquisition proposals and to hire an investment banking firm to solicit offers to acquire the company." American General's shareholders will gather in Houston May 2 for their annual meeting. Six of 15 board mem Sixth in a series Nancy Rhoda Start Elliott Timmons swings while he learns at the Susan Gray School, a developmental center his parents learned about through Vanderbilt Children's Hospital.

training, genetics counselors of fer a wide range of services. "We try to help parents make the decisions that are best for them and their children," said Janet Ulm, a plays at Susan Gray School for Children on the Peabody College campus, is to understand how well his parents and the counselors succeeded. The pace of progress may be a little slower, concedes Kathy, but no less rewarding to a new parent. "I think I appreciate the accomplishments he does make a little more than other parents might," she says. He climbs, he crawls, he walks, he runs, he swings, he laughs, he charms and he demands his mother's attention.

Elliott isn't any different from other children of his 2-year-old age group In those respects; he's just perhaps a little more special. From the moment of birth through the testing, the questioning of parents, and even plans for developmental I Turn to PAGE 3B, Column 1 NEWS FROM NEIGHBORING COUNTIES Matt A Qlanoo at the numbers and statistics that compare community life In our region. Bushels corn yielded per harvested 1cra CheatharaA Davidson Manru i ON 2B: RUTHERFORD A retired judge will hear a lawsuit involving allegations that a $30,000 check drawn on a Smyrna Hospital Inc. bank account was improperly deposited with another firm. WILLIAMSON Franklin Special School District's new Moore Elementary School will be ready to open with 14 classrooms this fall, school board members were told last night.

1 i i RUTHERFORD Smyrna parks chief dives into new job SMYRNA Deborah Paschall, 37, began this week as the city's new director of Parks Recreation and Leisure Services. Originally from Gordonsville, Paschall has a bachelor's degree in recreation and leisure services from UT and is working on a master's degree at MTSU. "We're going to hopefully create something that everyone can participate in and enhance the quality of life in Smyrna," Paschall said. JONATHAN LEE SUMNER Hendersonville bypass section open after delay HENDERSONVILLE A portion of the Hendersonville Bypass connector to 1-65, from the Two Mile Pike exit to Conference Drive, was opened about 3 pm yesterday, said Gwen Hopkins, spokeswoman for TDOT. The section of roadway was first scheduled to open last weekend, but was delayed because of bad weather.

The final segment of the bypass, from Conference Drive to Gallatin Road, should be completed by October. ELLEN MARGUUES WILSON Mobile rabies clinics hit the road tomorrow LEBANON The first of two mobile rabies vaccination clinics will be held at several locations around Wilson County tomorrow beginning at Watertown and Glade-ville am The clinic will then move to Tuckers Crossroads am, Carrol Oakland School am, the Laguardo community p.m. and Lakeview Elementary School p.m. Vaccinations cost $6 and are required annually by state law. WARREN DUZAK WILLIAMSON Commission to discuss drainage impact report BRENTWOOD City commissioners will meet at 7 p.m.

today to discuss the River Oaks drainage study report, a $15,700 engineering study to determine the impact on the area's watershed from recent construction. The new city manager's job contract and approval of more than $168,000 in change orders for area road projects will be among other topics up for commission review. JOHN DE MPS EY MontnnmAiv 60 SO 52 50 .54 52 .41 50 55 41 Robertson Ruttierford Sumner Williamson, Wilson KnTrvlSlatf SOURCE: Twin. Dept. of Agriculture I..