The Montgomery Advertiser from Montgomery, Alabama • 15

atanraa Dan Bailey Metro editor Phone (334) 261-1 520 Fax (334) 261-1521 200 Washington Ave. Montgomery AL 36104 Friday June 28, 2002 fe canra sine mmm weir etaMe() "hitching posts," calling it cruel and unusual punishment. Justice John Paul Stevens, writing for the majority in Thursday's 6-3 decision, -said the practice "unnecessarily and wantonly inflicted pain." The court also said a prisoner could sue over his chaining. Alabama revived the practice in 1995 as part of a get-tough program for criminals but abandoned it in 1998. The ruling made it clear that prison guards across the nation may be sued for such conduct, even if they were just following orders.

As many as 400 inmates in Alabama now can sue their guards and get a jury trial on claims they were mistreated, said attorney Craig Jones, who represents Larry Hope, the inmate whose case reached the Supreme Court. "You can't gratuitously use physical pain for punishment," Jones said. The guards "were all in a position where they should have known better." Law enforcement officers generally enjoy what is called qualified immunity from lawsuits, unless their conduct violates the Constitution or established law. The ruling halted a string of Supreme Court decisions that shielded prison offi and security in our state's prisons," Gov. Don Siegel-man said.

Hope claimed he was twice chained to an outdoor pole in 1995 and denied food and water as punishment for Fighting while assigned to a chain gang. He said his arms were chained at head level, and he was left once for seven hours without a bathroom break. Hope, 45, is serving a life sentence for rape. voice at TU steps down JIM K- '111 cials from inmate lawsuits. Alabama Attorney General Bill Pryor said that the guards in the case could not have known hitching posts would be declared illegal and noted that then-Gov.

Fob James and the former prisons commissioner had ordered their use. "This ruling sends a dangerous and discouraging message to all corrections officers who work hard every day to maintain order 1 Todd Van Ernst Advertiser should be. The way newspapers report the news now without separating the races as they once did shows just how far we've come." For those who have always wondered what the "J.J." stands for in Johnson's name it's John Jefferson. Alvin Benn, who covers state news for the Montgomery Advertiser, can be reached at 240-0111 or by fax at 2611521. E-mail him at home at or abenn-mont ornery ad at work.

The Supreme Court calls the 'hitching posts' cruel and unusual punishment By Mark Niesse The Associated Press The U.S. Supreme Court outlawed the Alabama prison practice of chaining disruptive inmates to outdoor TUSKEGEE By Alvin Benn Montgomery Advertiser Education and journalism have been twin cornerstones of J.J. Johnson's career. His father was a high school principal and his mother was a teacher. Both were role models for their only child in Lake Charles, La.

Johnson discovered journalism at W.O. Boston High School, becoming a sports correspondent for the Lake Charles American Press. He'd provide summaries of his high school's athletic events to the newspaper. "I loved newspaper as I grew up," he said. "I'd watch my parents read our local paper religiously every day.

It grew on me, too." Johnson has spent much of the past 40 years as a spokesman for Tuskegee University. When he wasn't doing that, he wrote for and edited the Tuskegee News, Macon County's local newspaper. Today is Johnson's last day at Tuskegee University, and he's heading intq retirement as quietly as the way he talks. Sulayman Clark, vice president of university advancement at Tuskegee, said Johnson's relaxed approach to what he's done so well through the years has benefited the school. "He reminds me of the sun, which in its own quiet way accomplishes more than a multitude of noisy engines and clamoring crowds," Clark said.

TU President Benjamin Payton lauded Johnson's contributions to the school, saying his "wise guidance and assistance to students deserves a sincere word BIRMINGHAM Longtim set. -jt leum Hi7rzT i the "Singing Windows" at the Tuskegee University Chapel on Wednesday. of the past 40 years as a spokesman for the university. Stateline BRIEFLY PELL CITY 2 Couple on trial in neglect case A prosecution witness testified that an 86-year-old woman with Alzheimer's was rescued from a filthy, padlocked house where she had been confined by her son-in-law and daughter. "I believe they left her in there to die," state welfare worker Susan DeShazer told a jury in the trial of former Pell City police officer Ottie Stokes, 72, and wife Patricia Stokes, 68.

The couple are charged with abuse and neglect of Mrs. Stokes' mother, Lois Smith, who lived across the street from them. DeShazer, who works for the Alabama Department of Human Resources, said she and police Sgt. Mark Johnson went to the home after her office received a report of suspected neglect. HUNTSVILLE U.S.

appeals court says tower must go A federal appeals court has ruled that a 180-foot-tall cellular telephone tower next to Grissom High School must come down. The 11th U.S. Circuit Court of Appeals in Atlanta, in a ruling released Wednesday, sided with the city of Huntsville against American Tower Corp. and overturned a district judge's ruling. i- American Tower sued the city in federal court after Huntsville's Board of Zoning Adjustment denied the company a special exception and variance to build the tower in an area zoned for single-family homes in October 1999.

U.S. District Judge Sher-; on Blackburn ordered the special exception and vari-. ance awarded. HAMILTON Mobile home fire kills two brothers Two school-age brothers died in a fire in Marion County that injured five other members of their fam- rt Authorities said a light-' ning strike apparently started the blaze early Wednesday. The mobile home was engulfed in flames when firefighters ar-; rived.

Ronnie Vickery of the Marion County Sheriffs Department identified the dead brothers as Jeremy Buckner, 15, and Christian Grayson, 9. Another child was talized with burns, and four people suffered smoke inhalation. One firefighter was treat-' ed for dehydration, and an-" other for smoke inhalation and chest pain. DATEBOOK Today The Troy State University I', faculty art show will be from 8 a.m. to 5 p.m.

today through July 12 at the Ala-Z bama Public Library Service, 6030 Monticello Drive, Montgomery. The Alabama Real Estate Commission will meet at 9 a.m. today at the commis-: sion office, 1201 Carmichael Way, Montgomery. Coming up Mi Troy State University Montgomery will hold an open house for prospective undergraduate and graduate students from 3:30 p.m. to 7:30 p.m.

July 15. Speakers representing each academic area and admissions, registration, the learning center and financial aid will pro-C vide information. A reserva- tion is required by calling (334) 241-9506 or 1-800-355-TSUM. Staff and wire reports New tuition plan offered By Bob Johnson The Associated Press For parents wanting to save for their children's college education, but looking for the possibility of a higher rate of return than offered by Alabama's pre-paid tuition program, there now is an alternative. The state this week began accepting enrollment in the new Alabama Higher Education 529 plan, which is offered as an alternative to the state's pre-paid tuition program, and allows for the money to be spent on many costs other than tuition.

"This gives investors a choice," State Treasurer Lucy Baxley said Thursday at a news conference. Like the pre-paid tuition program, the new tax-exempt plan allows parents to begin saving for their children's education at an early age'. The new plan can be started at any age, while the pre-paid plan can't be started if the child is beyond the ninth grade. The new program also can be used for any cost of higher education, including room and board, for graduate school as well as undergraduate. Baxley said the new program, which was approved by the Legislature, was conceived during the days when the stock market was booming and some parents felt they could do better if they invested in the market.

For more information, contact VanKampen Investments at 1-866-529-2228 or call the state treasurer's office at (334) 242-7500. Caucus PAC gave Hilliard the legal maximum of $10,000 in the closing weeks of his campaign against Davis, federal election records show, and caucus members or their campaigns gave Hilliard at least $21,000 additionally. Davis, a 34-year-old attorney who grew up in Montgomery and attended Harvard University, didn't take the caucus' actions personally, Ealons said. "We fully understood the caucus position in trying to protect a colleague who was in a tough race," Ealons said. The Associated Press results State Sen.

Hank Sanders, D-Selma, attended the news conference to lend his support. Sanders was one of Brown's major backers during the campaign. He said there appeared to be an "organized effort" by Brown's opponents to support Salaam in the runoff election. It was evident from returns in predominantly white areas of Selma that Salaam had overwhelming support there. England-Albright indicated that many of those white voters who cast ballots in the Republican primary then crossed over to support Salaam in the Democratic runoff.

f- 1 1 "ifrri i l-l 17 1 -1 up 1. "I've seen nothing but progress under his leadership," said Johnson, a widower who has three chil-dren and two grandchildren. "We could not have developed the way we have without the resources Dr. Payton has been able to obtain." Among the many changes he's seen in journalism over the last 40 years, along with the technological advances, is the end of segregated news reporting. "When I first came to Tuskegee, the Montgomery Advertiser had a 'Negro Johnson said.

"That's all changed, as it his fist in protest and received corporal punishment and a written reprimand, Tatum said. Tatum said Holloman is not opposed to the pledge, but he did not want to be forced to say it. The other student since has withdrawn from the lawsuit. The suit, filed two years ago in federal court, said Walker County's policy of requiring the pledge violated students' rights of free speech, expression and freedom of religion. NO HARD FEELINGS Davis plans to join Congressional Black Caucus State pledge case going to court J.J.

Johnson stands near Johnson has spent much of gratitude from those whom you have helped so generously." Johnson's link to Tuskegee dates back to 1960. After a stint as an Army officer, he wrote the TU director of development to renew a relationship he already had here. That led to his job with the university's news bureau. He later attended Lincoln University in Jefferson City, where he earned a bachelor's degree in journalism. After that, he picked up a master's degree in public relations at Ball State University and com rish High School in May 2000.

Holloman, who since has graduated from the Walker County school, received corporal punishment and a written reprimand for his actions, said his attorney, Charles C. Tatum Jr. Tatum said the case is different from the one considered by the San Francisco-based 9th U.S. Circuit Court of Appeals, which ruled Wednesday that the phrase "one nation under God" violated the separation of church and state and made Alvin Benn Advertiser pleted two years toward a doctorate. Johnson left the university at one point and served as editor of the Tuskegee News for about four years before returning to resume his TU public relations duties.

"I would have preferred more community support at the paper, but I thoroughly enjoyed what I did there," he said. "I was able to do it all at the paper from reporter to editor." Johnson, who has worked for two TU presidents, is particularly fond of Payton, TU's president for the past two decades. Religious leaders react to Pledge of Allegiance ruling 1A it unconstitutional for public school students to recite the pledge. "The issue in our case is related to whether a student can be punished for refusal to say the pledge more so than the issue of whether the pledge is constitutional," said Tatum. Holloman and another student refused to say the pledge or salute the flag, Tatum said.

Holloman raised SELMA Brown By Alvin Benn Montgomery Advertiser Republican crossover votes will be targeted by supporters of LaTosha Brown, whose huge lead in the June 4 Democratic primary election vanished in this week's runoff for the seat in House District 67. Brown, who led by 1,200 votes in the primary, lost the Democratic nomination Tuesday by 138 votes to former Selma City Councilman Yusuf Abdus-Salaam. She said at a news conference Thursday outside her campaign office in Selma that she'll file an official contest with the state Dem The Associated Press Just days after a California court ruled public school students cannot legally recite the Pledge of Allegiance, another federal court is set to hear the case of an Alabama student disciplined for refusing to say the pledge. The 11th U.S. Circuit Court of Appeals in Atlanta set arguments today in the case of Michael Holloman, who balked at saying the pledge as a senior at Par- to contest House BIRMINGHAM Demo- cratic runoff winner Artur Davis plans to join the Con gressional Black Caucus, even though it backed in-c Earl Hilliard in their heated 7th District race.

rv Davis Corey Ealons said Thursday there had "never been a question" that Davis would join the group should he defeat a third-party candidate in November, The Congressional Black Brown has filed a petition in Dallas County Circuit Court to make sure all election records are maintained for the contest she'll be filing. "There is a clear and present danger that these records may be destroyed," she said in her petition. "Clearly, without the immediate intervention of this court, the blatant violations of the law will continue to happen." Without records to show who voted in the Republican primary earlier this month, proving potentially illegal crossover voting in the Democratic runoff will be difficult, she said. ocratic Party on Monday. "I believe in the integrity of the election process," Brown said.

"We need to be suspicious after what has happened." Selma lawyer April England-Albright, one of Brown's campaign managers, said more than 600 votes were cast in the Republican primary in Dallas County, compared to only 124 in the runoff. The Democratic Party doesn't allow those who vote in Republican primary elections to vote for Democrats in runoff elections. The Republican Party has no such prohibition against crossover voting. Selma lawyer April England-Albright, left, joins LaTosha Brown at a news conference in Selma on Thursday. Yusuf Abdus-Salaam defeated Brown by 1 38 votes in Tuesday's Democratic primary runoff for the seat in House District 67.

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