The Montgomery Advertiser from Montgomery, Alabama • 2

PAGE 2A SATURDAY. JUNE 1, 1985 iqb down territorial power law Judge stril sought passage of a new law that did not involve TVA and attempted to deal with legal problems cited by Varner. The 1985 law, like the 1984 act, would establish the territories based on the city limits in effect in April -1984. The Legislature passed the new law, but the city electrical utilities immediately filed a new complaint with Varner last month. Both laws were challenged in lawsuits filed by municipal electric cooperatives that argued the measures were illegal attempts by Alabama Power to restrict the growth of the city electrical services.

Alabama Power, joined by rural electrical cooperatives, contended that the 1985 law is a legal and necessary step to avoid costly duplication of electrical lines and save money for electrical customers. VARNER RULED last November that the 1984 law violated the constitution on several grounds, including an attempt to limit the operation of the Tennessee Valley Authority in north Alabama. That ruling is now on appeal to the 11th U.S. Circuit Court of Appeals in Atlanta. But while the case was on appeal, Alabama Power went back before the Alabama Legislature this year and i milium l.Jg 'ii in ETC ft) i 7 It yi ri II ill In2 I v.

I The judge, responding to that complaint Friday, ruled: "Despite several variations from the 1S84 act, it is this court's conclusion that there remain in the 1985 act substantial deficiencies of a constitutional dimension." The judge said that "the entire 1985 act is invalid" because it impairs bond obligations of the municipal franchises and deprives the cities of rights of authority over use of streets by designated electrical utilities. Dismissal of nursing home charges sought By RICK HARMON Advertiser Staff Writer Attorneys representing a Montgomery nursing home accused of manslaughter in connection with a scalding death last year asked a circuit judge Friday to dismiss the charge. A Montgomery County grand jury indicted the Perry Hill Nursing Facility, now known as the Oak Hill Nursing Facility, in March for the Jan. 17, 1984, scalding death of 77-year-old Marie Feeling. Prosecutors and defense attorneys say the case is the first in which a corporation has been charged with manslaughter in Alabama.

State Circuit Judge Charles Price told attorney Michael Jackson, who is representing the nursing home, that he would take Jackson's arguments under advisement and try to rule on them in about two weeks. Jackson argued that a corporation could not be indicted under Alabama 'Ss' criminal code. He said when the Alabama Legisla-' ture passed the criminal code in 1977,: it deliberately left out portions of the code which called for corporations to have criminal liability. He also said the definition of man-; slaugher in the criminal code one person killing another could not be applied to corporations. Jackson said the law required legal definitions to be interpreted strictly to protect the rights of people charged with crimes.

Earlier this year, Montgomery Dis- trict Attorney Jimmy Evans said the state Department of Public Health should close the nursing home. Evans said the health department had warned the nursing home about its lack of safety devices to control water temperatures before" Mrs. Feelings 1 death and that there had been a previous scalding less than a year before. mm Advert! Mr photo by Jamie Sturtevant with reckless endangerment for attempting to run into the trooper's car. Information on the amount of money taken in the robberies or where the two men live were not immediately available.

SMITH SAID THE two men are also suspects in a series of motel robberies throughout Mississippi, Alabama, Florida, Georgia, Louisiana and Texas. Some of the victims were robbed, kidnapped and sexually assaulted by suspects who used a variety of vehicles, Smith said. Lt. W.M. Pilgreen of the Montgomery County Sheriff's Department said his office began investigating the robberies and kidnappings after a similar incident in Montgomery County on May 1.

Information about the investigation was not made public earlier to avoid jeopardizing the case, he said. robberies, spotted a red Renault identified as the car used by the suspects. "DARDEN STOPPED the vehicle on the Alabama River bridge on 1-65," Smith said. "The driver remained in the car while the passenger got of the car with his hands in the air," he said. Smith said the passenger then jumped back in the car and the suspects fled south on 1-65.

Minutes later, another trooper, John Golden, spotted the car again on 1-65 and the driver attemped to ram the patrol car, Smith said. Smith said the car spun out of control and into the median of 1-65, and the passenger, who Smith identified as Ricky Alexander, was arrested without incident. "The driver, identified by Smith as Carl Alexander, jumped out of the vehicle and ran across the interstate and attempted to escape over a fence. The driver was arrested by Golden and other officers, Smith said. He said the driver also was charged Sheriffs deputies escort Ricky Rlcardo Alexander, center, to patrol car Alexander, and his cousin Andrew Carl, are suspects In two motel robberies 2 charged with robbery, kidnapping Associated Press Report A federal judge Friday struck down a 1985 state law sought by Alabama Power Co.

to stake out exclusive service territories in its competition with 36 city electrical utilities. U.S. District Judge Robert Varner, who last year knocked down a similar law passed by the Alabama Legislature in 1984, ruled that the new law also failed to meet constitutional standards and is invalid. Salesman shot with A Montgomery County Sheriffs Department spokesman said Friday that a 31-year-old car salesman shot Wednesday was killed by a bullet. The bullet that kined Allen Powell did not match a rifle found in the wrecked pick-up truck of two suspects who had been held, questioned, then released after the shooting, said Lt.

Willard Pilgreen. Powell died after being shot on Timberlane Road while taking coworker Kathy Ellison on a test drive late Wednesday. Mrs. Ellison told sheriff's deputies that when the two stopped to change drivers, two men approached the car from a wooded area and asked the couple what they were doing. Powell was shot by one of the men after telling them "I'm not doing anything; we're leaving," she said.

Pilgreen said Friday the case is still under "active" investigation with more leads and more people to interview. "How substantial these leads will turn out to be remains to be seen," Pilgreen said. No motive has been established in the shooting, although Powell's wallet was missing, Pilgreen said. Mrs. Ellison told sheriff's investigators shortly after the shooting that the two men were white, barechested and were wearing baseball caps.

Two Montgomery County men matching the description were apprehended at Humana Hospital after a single vehicle accident. Robbery probe Investigators Friday continued to interview people who witnessed a bank robbery Thursday, according to Ed Bazar, special agent in charge of the Montgomery FBI office. "It's down to covering leads," Bazar said. "We have no suspects." The Southside Branch of First Alabama was robbed by a man with a pistol at about 11:30 a.m., Bazar said. Bazar said the agency had a "ballpark figure" on the amount of money stolen but could not release the amount because of policy.

A man Bazar described as 45, short and stocky, entered the bank with a pistol at about 11:30 a.m. and asked a bank teller for money. Fljdng again 71 ff.V' vrL -h. Vr 7ff( 1 1 1 AROUND ALABAMA Tallassee man sentenced to electrocution WETUMPKA A Tallassee man was sentenced to death by electrocution Friday for murdering a grocery store owner during a robbery in January. -s Elmore County Circuit Judge Joe Macon agreed with a jury recommendation Thursday that Joe Henderson, 31, be executed for killing 68-year-old Wilson Jolly during a robbery attempt at Jolly's store in Tallassee.

No date was set for Henderson's electrocution because his capital murder conviction will be appealed automatically to the Alabama Court of Criminal Appeals. The all-woman jury deliberated about Vh hours Thursday before returning a guilty verdict against Henderson. After giving the verdict, the jury heard additional arguments from lawyers in the case in a separate hearing on Henderson's sentence. Elmore County District Attorney Glen Curlee told the jury, "If there ever has been a case in this county that deserved the supreme penalty, it's this case. Do your duty; give that man the electric chair." The vote was 10-2 in favor of the death penalty rather than life without parole.

G.I. benefits Gov. George C. Wallace this week signed into law a revision of the Alabama G.I. and Dependents Educational Benefit Act making it easier for widows and children of Alabama veterans to get a free college education, according to a spokesman for the state Department of Veterans Affairs.

Widows and children of veterans who were classified 20 to 30 percent disabled or formerly a prisoner of war may be eligible for benefits under the new program. Additionally, the veteran must have been a permanent resident of Alabama for at least one year immediately prior to entry into military service; or must be 100 percent permanently disabled because of a service-connected injury and a permanent resident of Alabama for at least five years immediately prior to application or death. The old law excluded husbands of female veterans from participating in the program. Driving duel EASTMAN, Ga. (AP) An Alabama man was charged Friday with voluntary manslaughter following the fatal shooting of another man during an apparent driving duel on a Dodge County road.

Benny Ted Carnley, 41, of Enterprise, was charged with the slaying of 24-year-old Jimmy Dix, of Cochran, according to Dodge County Magistrate Carlus Gay. AEA dominates appointments continued from 1A serious consideration" to having a businessman chair the committee. Hubbert's other 14 appointments include teachers from various grade levels and subject areas and from all areas of the state. The four early childhood and elementary teachers are Eunice Horton from Jefferson County, Margie Strickland from Pickens County, Bertha Gadson of Gadsden and Joyce Brown of Cullman. THE MIDDLE school and junior high teachers are Jeanette Downs, a physical education teacher from Birmingham; Sheila Gilbert, a social studies teacher from Calhoun County; William Thomas, a science teacher from Mobile; and Gennette Meeks, a mathematics teacher from Walker County.

The high school teachers, other than Mrs. Hubbert, are Joan Aldridge, a fine arts teacher from Talladega County; Lanny Lancaster, an English teacher from Huntsville, and Sallie Cook, a social studies teacher from Tuscaloosa. AEA also named three instructional support people: Thelma Robinson, a guidance counselor from Florence; Maryann Spann, a librarian from Dothan; and Brenda Garrett, a special education teacher at the Alabama Institute for the Deaf and Blind in Talladega. Teague, who announced his appointments Thursday, named John Woods, chairman of the board and chief executive officer of AmSouth Bank of Birmimgham, and Carlton Baker, vice president of South Central Bell in Birmingham, to the committee. Teague's other appointments are Sherrer Avery principal of Pratt-ville Elementary School; Nellie Weil, member of the Montgomery County Board of Education; Martha Barton, Selma city school system superintendent; Gay Nelle Estes, principal of University Place Elementary School in Tuscaloosa; and Walter Harris, Birmingham city school superintendent.

Also, Alton Harvey, Mobile County school director; Arthur Mae Norris, president of the Alabama Congress of Parents and Teachers; Dan Parker, Eufaula city school superintendent; Dr. Jack Sasser, Dothan city school supervisor; Ed Starnes, chairman of the Huntsville Board of Education; Dr. Spencer Thomas of the Gadsden Board of Education; and Johnny Vaughan, Coffee County school super-. intendent. Dallas Co.

grand jury indicts 17 -year-old in beating death By FRANK MASTIN JR. Advertiser Staff Writer An Alabama state trooper arrested two cousins Friday in connection with the robbery of two Alabama motels and the kidnapping of two male motel clerks earlier Friday, according to trooper spokesman Lt. Roy Smith. Ricky Ricardo Alexander, 22, and Andrew Carl Alexander, 27, each were charged with two counts of kidnapping and first-degree robbery in Chilton County, Smith said. A night clerk at Quality Inn Motel in Homewood was kidnapped by two men about 2:10 a.m.

Friday, Smith said. That clerk was released unharmed along Interstate 65 near the Pelham exit, Smith said. About 30 minutes later, the Holiday Inn in Clanton was robbed and the clerk kidnapped, Smith said. The second clerk was left handcuffed to a tree along 1-65 near Alabama Highway 14, Smith said. Smith said state trooper Dan Darden, who had been alerted to the the background from across the WAKA," he said.

Selma's WAKA-TV, channel 8, recently opened its tall broadcasting tower 28 miles outside of Montgomery and has entered the market with its own CBS signal. Because of its stronger VHF signal, WAKA is able to reach a larger broadcasting market than WCOV's weaker UHF signal. RICHARDS SAID the network said "business reasons" made pulling the affiliation from WCOV, channel 20, imperative. mil i during World victims. Garbreski dozen aviators Gathering of The event 'fi h-vN CA'- 1 Although Evans said the health de-; partment requested that the facility submit a plan to correct the hazard, he said the nursing home did nothing about it.

i The nursing home settled a civil suit with Mrs. Feeling's relatives last year, but the amount was not dis- closed. Terry Travis, the assistant district attorney who heads the white-collar crime division, said hot water! thermostats at the nursing home were set for 170 degrees when two attendants lowered Mrs. Feeling into the! bath. Taylor's continued freedom, source said.

Taylor had been in custody since the girl's death and was released on the $25,000 bond a month ago when he was certified as an adult. The arrest warrant typed in the Dallas County Circuit Clerk's office following Taylor's indictment had not been served Friday afternoon by the sheriff's office, and sources said it could be early next week before it is. Defense attorney Fred McCormick said he had not been notified about any indictment "but if the bond has been raised to an amount like that we will file court action to have it THE GRAND JURY'S action Fri-' day followed rejection by the Alabama Court of Criminal Appeals of a bid by Taylor's lawyers to keep the grand jury from considering the case.1 The lawyers contended their forth-! coming appeal on the adult certifica- tion of Taylor should be ruled on 1 before any indictment is returned! against their client. McCormick and James McNeill in-; dicated they would appeal the' certification, but added it may be! several weeks before a transcript is available to press forward on the matter. McCormick said this past week that if the court of appeals overturns the adult certification ruling by District Judge B.M.

Miller Childers, Taylor! wouia De returned to juvenile court, where court procedures differ greatly' from adult courts. from adult cour ties munications Co etatlnn (a I munications Commission to sell the station to a Maryland-based communications company. THE CHARLOTTE, N.C.-based Bahakel was forced to sell WKAB because FCC regulations prohibit the ownership of two television stations in the same market. Bahakel has lined up the purchase of WAKA, a move that will take place when the FCC approves the WKAB sale. Bahakel owns seven television stations, five of them ABC affiliates, and Industry speculation has been that! Bahakel will switch WAKA from CBS to ABC.

By ALVIN BENN Advertiser Staff Writer SELMA A Dallas County grand jury indicted 17-year-old Sammy Taylor Friday in connection with the beating death of a pregnant Selma High School ninth grader in January, several reliable sources said Friday. The indictment followed nearly three days of testimony by more than 20 of Taylor's coaches, teammates and classmates before the grand jury at the Dallas County Courthouse. Taylor already has been charged with murder and had been free on $25,000 bond in connection with the death of Kammye Huey, 15, on Jan. 22. The Taylor indictment was one of 29 returned by the grand jury.

The official grand jury report was presented to Circuit Judge J.C. Norton Friday afternoon. Ms. Huey's battered body was found two days later in a cluttered basement room at the high school where Taylor had been a starter on the basketball team. AN AUTOPSY ON Ms.

Huey's body revealed that she had been carrying a male fetus for five months when she was brutally beaten and strangled. Taylor was arrested an hour later and charged with murder. He was certified as an adult on April 18 and ordered to stand trial in circuit court. Sources close to the investigation said Friday afternoon that Norton raised Taylor's bond to $250,000. The bond was increased because of automatically make WCOV an independent station, Richards said he is not sure what Woods will do.

"It's difficult to make any firm statements because of the jockeying of all the stations," he said. Currently, three of the four area stations are for sale, and the speculation surrounding affiliate changes increases daily. Bahakel Communications, the owner of WKAB, channel 32, announced in April that it had filed for permission from the Federal Com Advertlur photo by Mark Almond War II to shoot down 31 of his was among more than a attending the fourth annual Eagles program at the Air Univer-sity brings together aviation pioneers Col. Francis "Gabby" Garbreski, left, known as America's greatest living ace for shooting down 34 enemy fighter planes in World War II and the Korean War, exchanges a light moment with some old flying buddies at Maxwell Air Force Base Friday. The plane in is a P-47 Thunderbolt, similar to is a P-47 Thunderbolt, similar to the one he used concern by the victim's family over WCOV manager says station will lose CBS By RAY LOCKER "They said they had no plans to "They give as their reason that it Although the loss of the CBS affilia- AiivarttQitr Staff Wrftpr nhunoa oFfiliatinno frAm Aiif otatlAn tn uiao a htioinocs Hoiteinn Pithgrda tlnn urnitlH eaom rn aiiftmatiollt Advertiser Staff Writer the one he used change affiliations from our station to was a business decision, Richards tion would seem to country.

said, "and that's all I can say about their motivation right now." A planned sale of WCOV by its current owner, Gay-Bell Stations of Lexington, to David Woods of West Monroe, La. was announced in mid-May. Richards said Woods, the owner of KARD-TV in West Monroe, was aware of CBS' plans to withdraw the affiliation before he made the offer to buy WCOV. Woods could not be reached for comment Friday. Montgomery's oldest television station, WCOV, will lose its CBS network affiliation in March 1986, WCOV general manager Carl Richards said Friday.

The CBS-initiated action, Richards said, contradicted the network's earlier claims that WCOV would remain an affiliate for the foreseeable future. "It's a direct reversal of their testimony during the FCC hearing that dealt with the Selma-Montgom-ery conflict," Richards said. 1.