The Courier-Journal from Louisville, Kentucky • Page B4

Time: 08-14-2007 22:04 User: mmatherly PubDate: 08-15-2007 Zone: KY Page Name: 4 Color: Bttapbnta B4 I WEDNESDAY, AUGUST 5, 2007 I THE COURIER-JOURNAL METRO AND DEATHS I REGIONAL BRIEFS Judge sets hearing for 3 diet-drug lawyers he jailed, orders complete financial statements day in Boyd County District Court and was ordered held under a $250,000 cash bond. ASHLAND, KY. Duct-tape disguise used in stick-up; suspect caught ASHLAND, Ky. A man who had his head wrapped in duct tape to conceal his identity walked into Shamrock Liquors in Ashland on Friday, Ashland police said. Store manager Bill Steele had some duct tape of his own, but his was wrapped around a wooden club that sent the robber fleeing.

Store employee Craig Miller said he chased the man to the parking lot, tackled him and kept him immobilized until police arrived. A customer also helped, police said. Kasey G. Kazee, 24, of Ashland, was charged with first-degree robbery, according to police Sgt. Mark McDowell.

Kazee, in an interview with WSAZ-TV in Huntington, denied that he was the bandit who took two rolls of change from the store. He pleaded not guilty Mon Three experts on judicial ethics told The Courier-Journal that Bertelsman may have exceeded his authority in doing that. Attorneys for the three lawyers had filed notices that they would appeal Bertelsman's order. However, they didn't request the hearing set for Tuesday, according to Steve Dobson, who represents Cunningham and said he didn't know the nature of the new information mentioned by Bertelsman. In a lawsuit filed by the ex-clients, the lawyers were found to have taken $64 million more than they were entitled to under their fee contracts.

That includes about $20 million that was placed in a charitable fund and is now in escrow. The diet-drug case was settled for $200 million in 2001. Reporter Andrew Wolfson can be reached at (502) 582-7189. who represents more than 400 of the lawyers' former clients, said the statements would mark the first time they have been required to provide an accounting of the $46 million they are accused of taking from their clients improperly and which the court has described as missing. Bertelsman also ordered a computation of the amount of time they would be imprisoned, if convicted, under federal sentencing guidelines.

He said during Friday's hearing that they had an incentive to flee because they faced 20 years each under the guidelines, but the government had previously described that as the maximum sentence. The lawyers had been free on their own recognizance. But at the end of Friday's hearing, Bertelsman revoked their bond and ordered them confined until their trial, which he postponed from Oct. 15 to Jan. 7 at their request.

By Andrew Wolfson The Courier-Journal The three lawyers who were jailed Friday pending their criminal trial on fraud charges in the fen-phen diet-drug case have been granted a hearing that could lead to their release. Citing information that wasn't available last week, U.S. District Judge William O. Bertelsman yesterday granted the three a hearing next Tuesday in Covington, Ky. The judge didn't say what the new information is.

Bertelsman ordered the suspended attorneys Shirley Cunningham William J. Gallion and Melbourne Mills Jr. to remain in the Boone County Jail pending the hearing. Bertelsman also ordered the lawyers to submit complete financial statements before the hearing. Angela Ford, a Lexington lawyer MAYFIELD, KY.

11-year-old boy found fatally shot at home An 11-year-old boy was shot and killed at his home in Western Kentucky, police said. Dustin Doughty, a sixth-grader at Farmington Elementary School in Graves County, was shot Monday about 630 p.m. CDT, Chief Deputy Sheriff Dwayne Redmon said. Deputies arrived at the Country Living Trailer Court between Farmington and Mayfield to find the boy dead of a single gunshot wound. The shot was not self-inflicted, Redmon said.

The boy's parents were not home at the time of the shooting, he said. Redmon said the investigation was continuing. Obituaries Find obituaries online at www.courier-joumaLcom Carmen C. Eggenspiller, 68 George Thomas Walls, 81 Wilma Jean Howard, 59 Elmer Nelson, 75 Sadie J. "Sally" Lindsey, 85 Linda Lee Crittendon, 62 George Rodger "Rod" Peavler, 72 INDIANA AREA DEATHS Doreen Schwalm, 81 Chad A.

Doty, 30 Willie Ray Raines, 58 Cory Michael Emerson, 18 Bethel Jane Mclnteer, 52 Douglas M. Chaffin 49 Michael A. Ciufo, 56 Helen F. Callahan Allen, 85 Mary E. Gambrel, 92 James "Jim" F.

Jones, 61 Dorris Bramlette, 77 Carrie Jean Smothers, 55 Mary Hannon Steltenpohl, 87 A. Walter Tyson, 89 Helen Hickman Wickes, 83 Maggie Elam Witt Wilma R. Wolff, 87 Martha Meador Young, 86 KENTUCKY AREA DEATHS William B. "Bill" Arthur, 96 James O. Parson, 73 Martha Louise Spencer, 83 Jackie Wadell, 36 Ryan William Browning, 28 Ann Gorin Bottler, 86 Jennie Bell Rogers, 86 Samuel Maurice Borders, 54 Wallace W.

Dailey, 76 Verona Basham, 93 Allen Owens, 89 Bro. Robert "Bob" F. Morris, 68 METRO AREA DEATHS Patrick Joseph Betz, 37 Hugh John Caperton III, 53 Casey Caudill, 66 Preston Jay Collins, infant Donald J. Eisenmenger 67 William Joseph Ellis, 52 Robert R. Garr, 82 Florence Goss, 95 William Marion Jones, 83 Harold H.

"Jodie" King, 83 Rev. Charles E. Lakes, 72 Barbara B. Lee, 64 Ethel Leming, 77 Michael Gregory Malkmus, 48 Hugh Patrick O'Dea, 69 Gerald A. Reid, 78 Katherine L.

Reinstedler- Wolff, 55 Madeline Mary Wilkinson Robinson, 82 morial service in the fall at DeKovan Methodist Church in Sturgis, KY with graveside service. Cremation Society of Kentucky 1-888-935-1040 COLLINS, PRESTON JAY, infant son of Chad Cort-nie Collins, born Thursday, August 8, 2007, went to his heavenly home, Friday, August 9, 2007 at Norton Suburban Hospital. He is survived by his brothers, Maxston Parker Collins; his grandparents, Darrell and Diane Davis and Rick and Becky Crenshaw; great-grandparents Dorris and Mary Herndon, Bart and Judy Hammock, Paul and Becky Knop, Robert and Patty Davis and Kenny and Doris Hall; and Elizabeth Boyd. His graveside service will be Friday, August 17, 2007 at 1:30 p.m at Evergreen Cemetery. Visitation will be Thursday 5-9 p.m.

at Owen Funeral Home, 5317 Dixie Highway. Expressions of sympathy to the Neo-Na-tal Intensive Care Unit in care of Norton Suburban Hospital. EISENMENGER, DONALD J. Metro BETZ, PATRICK JOSEPH, 37, of Louisville passed away Monday, August 13, 2007 at his Home. He was a Catholic by faith.

He is survived by his wife, Doris Betz; his mother, Ruth Betz; a stepson, Michael Lynn Smith; and his brother, Joseph Betz (Stacy). His funeral Mass will be noon on Wednesday at St. Paul Catholic Church, 6901 Dixie Highway. Burial will be in St. Michael Cemetery.

Visitation will be from a.m. Wednesday at Owen Funeral Home, 5317 Dixie Highway. In lieu of flowers expressions may be made to the American Heart Association. CAPERT0N, HUGH JOHN III, known as he was a professional aquarist and ichthyologist, 53, of Leukemiac Lymphoma, Saturday, August 11, 2007 in Westwood, MA. He was a graduate of Dexter School, St.

Marks School, and Northeastern University-1977. In addition to his parents, Elizabeth L. W. and Hugh John Caperton he is survived by a sister, Daphne Stuart; three brothers, Alastair M. of Randolph, MA, R.

Lawrence, of London, England and Christopher G. F. of Coscobb, CT; two nieces; and three nephews. Graveside service at Cave Hill Cemetery: 11 a.m. Friday, August 17, 2007.

In lieu of flowers, kindly send donations to Camp Pas-quaney in Hebron, NH, 03241 or to M. D. Anderson Cancer Clinic, Houston, TX. CAUDILL, CASEY, 66, of Louisville, passed away Saturday, August 11, 2007. She was preceded in death by her husband, Jack Caudill; and son, Johnny Nail.

She is survived by her brother, Bill Felts (Merilyn), sister, Joel Ann Williams; two nieces, four nephews and many gre at-nieces and nephews. A celebration of her life will be at Jock's Sports Bar, Wednesday at 6:30 p.m. There will be a me O'DEA, HUGH PATRICK, Louisville passed away Saturday, August 4, 2007. He was the son of the late Hugh Patrick Sr. and Edna Deters O'Dea and was a sales associate for Rodes Department Store.

Survivors include three sons, Hugh Addison White O'Dea, John Remsen Varick O'Dea, and Patrick Gannon Greenway O'Dea; two sisters, Jean O'Dea Green and Mary Kimball O'Dea; two brothers, Don Alan O'Dea and Kevin Deters O'Dea; the mother of his children, Sara Greenway O'Dea, and many relatives and friends. Visitation will be 4-8 p.m. Thursday, Au-gust 16, at Ratterman's, 3711 Lexington Road, with a private family burial. Memorial contributions in memory of Patrick may be made to the Wayside Christian Mission Men's Shelter. REID, GERALD 78, of Louisville, passed away Monday, August 13, 2007 at Norton Audubon Hospital with his loving family by his side.

He retired from Schenley Distillers as a bottling foreman, and was a member of St. Athanasius Catholic Church. He also had served in the U.S. Air Force. He leaves to cherish his memory, his loving wife of 44 years, Doris Kirkpatrick Reid; son, Gerald A.

Reid (Jacki); daughter, Molly Heady (Chris); grandchildren, Mallory, Jacob and Christian; stepgranddaughters, Julia and Annie; brothers, Robert and Jake Reid; and his sister, Sr. Mary Margaret "Peggy" Reid. His Mass of Christian Burial and Life's Celebration will be held on Friday at 11 a.m. at St. Athanasius Catholic Church, 5915 Outer Loop, with burial to follow in Calvary Cemetery.

Visitation will be held at Arch L. Heady at Resthaven, 4400 Bardstown Road, on Thursday, from 1-8 p.m. The family had designated St. Athanasius Building Fund for memorial contributions. Audi Heady at Resthaven 4400 Bardstown Rd, Louisville 502-491-5950 Continued on page B4 Ridge Cemetery.

MEMBER ORDER OF THE gGOLDENRDLE LEE, BARBARA 64, of Louisville, died Saturday, August 11, 2007 at Norton's Suburban. She was a member of the Aurora Chapter 96 of the Order of Eastern Star and a member of the Greater Friendship Baptist Church. She is survived by one son, Carl Collins (Ava). Funeral: 11 a.m. Thursday at her church, 2325 Osage with burial in Green Meadows Cemetery.

Visitation: 6-9 p.m. Wednesday at G.C. Williams Funeral Home. LEMING, 77, of Okolona, passed away Monday, August 13, 2007 at Franciscan Healthcare Center. She was retired from Brown and Williamson after 15 years of service.

Survivors include her beloved children Michael Leming (Velma), of Lizella, GA, Brenda Zion (John), of Jonesville, VA and Linda Bradley (Michael); loving sisters Frances Horn, Joann Borowiak, Dixie Owens (Billy), and Carolyn Carby (Jerry), of Forsyth, GA; brother Alonzo Miracle (Karen), of Centerville, MI; seven grandchildren; and eight great-grandchildren. Her funeral service will be at noon Thursday at Arch L. Heady Son, Okolona. Entombment: Evergreen Cemetery. Visitation: 2-8 p.m.

Wednesday at the funeral home. The family expresses their gratitude to Franciscan Healthcare Community and Hospice of Louisville for their kindness and care. She will be greatly missed. s-s, Arch L. Heady Son fvO 8519 Preston Louisville 502-969-1367 MALKMUS, MICHAEL GREGORY, 48, passed away Tuesday, August 14, 2007 at Regency Place of Castleton Nursing Center in In-dianapolis after a long illness.

A native of Louisville, he was a graduate of St. Xavier High School and attended UofL School of Engineering for two years before relocating to Indianapolis. He is survived by his parents, Michael V. and Barbara A. Malkmus; and brothers, Jeffrey of St.

Charles, MO and Scott of Batavia, OH. Cremation was chosen, with no public services. 4 GARR, ROBERT 82, of Louisville died August 8, 2007. Graveside service: 10 a.m. Thursday at River Valley Cemetery.

Owen Funeral Home Jefferson-town is in charge of arrangements. GOSS, FLORENCE, 95, of Louisville, passed away Monday, August 13, 2007 at her home. She was a native of Louisville, the former Florence Marie Bir-kelbach, a retired deputy circuit court clerk, and a member of Christ Lutheran Church. She was preceded in death by her husband, Clifford Dawson Goss. She is survived by her daughter, Katherine L.

Goss (companion, Bill); son, Clifford David Goss (Suzanne) brother, Aubrey W. Birkelbach (Helen); two grandchildren, Mitchell and Karen; and two cousins, Lorena Grieb Hund-ley and Evelyn Eisenmenger. Her funeral service will be 10 a.m. Friday at Christ Lutheran Church, 9212 Tay-lorsville Road with burial in Evergreen Cemetery. Visitation will be 2-4 6-8 p.m.

Thursday at Highlands Family-Owned Funeral Home, 3331 Taylorsville Road. Expressions of sympathy may be made to the Christ Lutheran Church Organ Fund, James Graham Brown Cancer Center, or American Heart tha; daughters, Cindy Greer (Bennie) and Julie Minogue (Mark); brothers, Leonard and Matthew Jones; sister, Barbara Davis; grandchildren, Kristen, Kevin, Carrie and Lauren; and one great-grandchild, Grace. Funeral service 11 a.m. Thursday at Foreman's, 10600 Taylorsville Road, Jeffersontown, with burial in Resthaven Memorial Park. Visitation 10 a.m.

until time of service. In lieu of flowers memorial gifts may be made to Hospice. KING, HAROLD 83, of Louisville, passed away Tuesday, August 14, 2007 at his residence. He was retired from where he worked for 37 years and was an Army veteran of World War II. He is survived by his wife the former Dorothy "Dot" Graham; one daughter, Debbie Sherrill; two sons, Steve (Kelly) and Darrell King; seven grandchildren, Brandon and Dacia Sherrill and Carrie, Joey, Darrell Brooke and Jacob King, one great-granddaughter, Kylee King; brothers-in-law and sisters-in-law, Tom and Ruth Taylor, Wayne and Connie Morris and David and Jody Graham; and several nieces and nephews.

Funeral services will be held Friday at noon at Evergreen Funeral Home with "JODIE," Donald Jr. (Marina), Scott, Julie Cannon (Jeff), Deborah Brown (Tooter) and Michelle Mapes (Will) brother to Helen Woods and Stanley Eisenmenger grandfather to 11; and great-grandfather to two; and their loving dogs, Wilson and Carter, and friend to many, for no one was a stranger to this man with such kind eyes, affectionate smile and open heart. Funeral service 10 a.m. Thursday at Arch L. Heady at Rest-haven Chapel, 4400 Bardstown Road, with entombment to follow in Resthaven Memorial Park.

Visitation at the funeral home from 1-8 p.m. on Wednesday and after 8:30 a.m. on Thursday. Arch Heady at Resthaven "2BJ 4400 Bardstovm Rd, Louisville 502-491-5950 ELLIS, WILLIAM JOSEPH, 52, of Louisville, passed away Monday, August 13, 2007 at Brit-thaven of Prospect. He was a native of Long Island, NY, and a New York Transit Authority retiree.

He is a U.S. Navy veteran and a member of the American Legion Post 28, the New Albany Post 1, and AM-VETS Post 9. William is preceded in death by his wife, Terri Ellis. He is survived by a daughter, Jennifer Ellis of NY; sisters, Arlene Jette of NY and Dorothy Colella of NJ; and several nieces and nephews. The funeral is 1 p.m.

Thursday at J.E. Rat-terman Son, 7330 Southside Drive with burial in Calvary Cemetery. Visitation: 4-8 p.m. Wednesday at the funeral home. interment at Evergreen Cemetery.

Visi-tation will be Wednesday, 4-8 p.m. and Thursday, 1-8 p.m. at the funeral home. Memorial contributions to: Hospice of Louisville. Evergreen Funeral Home 4623 Preston Louisville SSs 502-366-1481 LAKES, REV.

CHARLES 72, of Hillview, returned to his Heavenly Father Thursday, August 9, 2007 at his home. He was born September 22, 1935 to the late John P. and Elizabeth Bohannon Lakes in Lexington, KY. Rev. Lakes was a member of Second Holy Baptist Church, and preached the gospel for many years.

He retired from Inland Container and Box Company where he was a machine operator. Rev Lakes is preceded in death by his parents, his loving wife of 49 years, Shirley S. Lakes; and sons, Jerry Lakes Sr. and Paul W. Lakes.

He leaves to cherish his memory his loving children, Terry Lakes (Jennie), Sharon Gray, Sis Har-rell (Tim) and Joyce Hurston (Estil); brother, Harvey Monroe; 13 grandchildren; eight greatgrandchildren; and countless brothers and sisters in Christ, friends and family to mourn his passing. Funeral services will be conducted Friday at 11 a.m. at Schop-penhorst, Underwood Brooks, Pre-ston Highway at Brooks Road, where friends may pay their respects Wednesday 4-8 p.m., and Thursday, 2-8 p.m. Burial will be in the Coral 67, passed away peacefully at his home on Monday, August 13, 2007, surrounded by the love of his family. He was the son of the late Stanley Sr.

and Nellie Miles Eisenmenger. Before his retirement as a truck driver for Q-l trucking, he had worked many years as a machinist and EMT and at Dixie Warehouse Cartage. He had served as Chief of Zoneton Volunteer Fire Department. He was an avid fisherman and the biggest fan of UK basketball, believing that the perfect day was spent at Nolin Lake with family and friends, after Tubby Smith led the Wildcats in a victorious game. He was an adored and loving husband for 47 years to Mar-tha Pape Eisenmenger; father to JONES, WILLIAM MARION, 83, of Middle-town, passed away Tuesday, August 14, 2007.

He is survived by his wife of 61 years, Mar- An Independent Association of dependable Funeral Directors, who practice the Golden Rule. N00001 68300.