The Atlanta Constitution from Atlanta, Georgia • 28

METRO EDITION LOCAL NEWS The Atlanta Journal The Atlanta Constitution D2 Saturday, May 3. 1997 te. i -S, DOT chiefs take free' trip to swank resort He's got it made in the shade Clinton to appoint ex-Fulton judge Hull i. By Bill Rankin and Ken Foskett STAFF WRITERS Frank Hull, a federal judge who once served on the Fulton County bench, is expected to be nominated by President Bill Clinton to the federal appeals court in Atlanta, according to people familiar with the selection process. It is unclear when the nomination will be made and forwarded to the U.S.

Senate, which must confirm federal judicial nominations. But the White House informed the office of Sen. Max Cleland (D-Ga.) this week that Hull will get the nomination. 4- A' Iff V- JOHN SPINK Staff W.W. Parker had a beautiful day to do to his farming Friday, as he cut down briars that bother his cattle.

For 45 years he and his late wife ran a dairy farm and raised 1 2 children on 500 acres in Rockdale County. Now Parker cuts hay and raises beef cattle. He says, "I've seen some rough times and I've seen some good times. More rough ones, though." Hull would replace Phyllis Kravitch, who in January became a senior judge and no longer has full-time duties on the court. The 11th U.S.

Circuit Court of 'Captain Bio' health comic book criticized for its mature subjects of Ethics for members of boards, commissions and authorities that states: "Never accept gifts, loans, gratuities, discounts, favors, hospitality or services from any person, ciation or corporation' if it could reasonably be inferred that a major purpose of the donor is to influence the performance of his officials duties." The Phoenician has a way of raising eyebrows. It became a veritable symbol of the savings and loans scandal of the when its developer, Charles Keating, was under scrutiny for his role in the debacle. With .27 holes of golf, 11 tennis courts and eight swimming pools, The Phoenician charges $370 to $505 a night per room, depending on the view, according to a reservations clerk. But the highway contractors negotiated a special conference rate of $265 for its members and $165 for 15 invited DOT guests, five of whom could not come. "We tried to save the taxpayers money," Brown said.

"This is the worst kind of deal for taxpayers," said Melissa Metcalfe, director of Common, Cause Georgia. "We'll pay tax. money for the trip, for the sweetheart deals that they work out while they're there and then the tax deductions the busi-; nesses take for lobbying our! government. "Meanwhile," she "we're not even supposed to be building roads in metro Atlanta because we're choking our-! selves with bad air. They ought to be at a meeting with alterna-' tive transportation providers." One reason DOT officials gave for attending was the need to discuss the national transpor- tation bill now under debate in Congress.

A key focus of this -year's conference is the battle for more highway money and fewer environmental and planning constraints, goals the DOT members told contractors they! share in a meeting Friday. "We discussed planning a strategy that we, in unison with; DOT, will try to lobby our Geor-r gia delegation to support in the legislation," Brown said. Gresham said there was nothing wrong with the close collate oration, or the setting. I "It is nice, that's true," Gre-? sham said. "I didn't call them, they called us.

There's nothing illegal with what we're doing." frank Hull By David Goldberg STAFF WRITER Ten top officials of the state Department of Transportation, who are enjoying four days pf free golf, tennis and steak dinners at one of the West's poshest resorts, say their trip is "critical" to maintaining good relations with highway contractors. When it's over, state taxpayers will have spent about $10,000 for air fare and hotel rooms at The Phoenician in Scottsdale, Ariz, for six DOT board members and four top staffers to attend the annual conference of the Georgia Highway Contractors Association. The meeting, first brought to light in a report on WSB-TV, began Wednesay and ends Sunday. In attendance are DOT board members Johnny Gresham, Billy Langdale, Emory McClinton, Tom Triplett, Frank Pinkston and Bill Hasty, Commissioner Wayne Shackelford, Deputy Commissioner Steve Parks, construction director Paul Mullins and DOT board secretary Shay Brown. Meals and cocktail parties are being provided courtesy of the association and its members, said Therol Brown, the group's executive director.

The public officials also are getting a break on greens fees: While others in attendance paid $125 to play golf, the association waived the fee for its DOT guests, according to Therol Brown, who was secretary of the DOT board until 1995. "Yes, we could meet in Georgia," said DOT board chairman Johnny Gresham, who said he saw no problem with the lavish accommodations and freebies. "But they invited us and we think it's important that we work with them." There's no doubt it is important to the highway contractors and material vendors represented at the conference to be on good terms with the DOT. They split nearly 90 percent of the DOT'S annual capital budget of more than $1 billion. While the DOT usually is obliged to award contracts to the lowest bidder, the board and senior staff hold sway over payment, contract extension and other policies that can make or break contractors.

They also set the material specifications that can mean huge sales for vendors. Without investigating, neither the attorney general's office nor the state ethics commission could say whether the trip violates state law. But they pointed to a section in the Georgia Code behavior also can lead to AIDS, he says. The doctor adds that because the boy was not vaccinated against hepatitis when he was younger, it'ss too late to be protected from the virus. The health department started giving the book to children ages 4 and up during an immunization week for kinder-gartners, which began April 21, Padgett said.

More than 250 children came in during that week, she said. Since books were left over when it ended, the department continued handing them out. "It's a very useful tool from a public health perspective," Padgett said. "The information is not inappropriate for anyone because it is factual." The book helps parents ASSOCIATED PRESS Macon Children immunized for hepatitis at the Macon-Bibb County Health Department usually get a lollipop, a coloring book and a comic book about sex, drugs and AIDS. The comic book, "Captain Bio," has drawn the ire of at least one set of parents who think it is too frank for the very young.

"I have absolutely no problem with education. My daughter's 5, though. I'm not in a hurry to have the state tell her to lose her virginity," said Scott Long, whose daughter, Savannah, received the book after a vaccination Tuesday. Such complaints prompted a change in the department's policies, said Pamela Padgett, public health educator for the health department. Nurses now plan to tell parents the nature of "Captain Bio" before giving it to their children, "We want to give the parent all the information, not just a part of it," she said Friday, adding that health officials did not expect a S-year-old to read the book without adult help.

The colorful, 15-page book produced by Merck Co. of Whitehouse Station, N.J. tells the story of a teenage boy who has hepatitis a viral infection of the liver. A doctor tells the boy he can get hepatitis through unprotected sex with multiple partners, intravenous drug use and contact with someone else's blood through transfusions, tattoos and ear piercing. Such Appeals hears federal cases from Alabama, Florida and Georgia.

Besides handling appeals of criminal convictions, it rules on highly Charged issues such as voting rights, school prayer and reverse discrimination. Frank Mays Hull, 48, was appointed by President Clinton to the federal court bench in Atlanta in 1994. A graduate of Emory University law school, Hull served as a law clerk in 1973-74 for the now-deceased Judge Elbert Tuttle, 'whose landmark appeals court decisions in the 1960s led to the Integration of public schools and facilities. Later, Hull worked for Powell, Goldstein, Frazer Mur-phy and became the Atlanta firm's first female partner. Hull and three others were considered finalists for the appellate post: U.S.

District Judge tlarence Cooper, Georgia Supreme Court Justice Leah Sears and Atlanta lawyer Teresa Roseborough, a former deputy Assistant attorney general at the justice Department's office of jegal counsel. "I am, of course, disappointed, and I'm sure there will be opportunities for me later on," Sears said Friday. i "But I think Frank Hull will have a long, distinguished and productive career on the appeals court bench." Forsyth's water oversight called lax definitely have to take a hard look at the way the water department is being operated." The audit was performed by Alabama-based Rayburn, Haynes and Associates. According to the report, water losses totaled $1.8 million in 1995-96. A county water rate study that cost $62,950 did not catch the loss.

The study found that more water meters are being added to the county's water system than customers are being billed. In 1995 and 1996, 612 unused meters were added, resulting in an annual loss of $220,000. Another 400 meters were not accounted for in that period. The report also said employees failed to regularly check water meters and bill customers. ASSOCIATED PRESS Cumming Forsyth County may make personnel changes in its water department after an audit revealed more than $2 million in losses in the 1995-1996 fiscal year, the county administrator said.

County administrator Stevie Mills said he doesn't foresee criminal charges but "we MORE FOR PC USERS jf(JI For more information: Th Phoenician on the World Wide Web: warlightRESORTSccl9lx.html 1 RUSH HOUR RECAP Lawyer: Report doesn't tell it like it was tnd of-the-week traffic was a monster for metro area commuters. Gwinnett County drivers had to contend with a tiulti-vehicle wreck on 1-85. The five-car piteup occurred shortly after 7 a.m. in the southbound lanes near Pleasant-dale Road, quickly backing traffic up to Ca. 316.

Farther south, a wreck at 7:22 a nt caused slowing on 1-85 south- By Maria Elena Fernandez STAFF WRITER The lawyer representing a 27-year-old Atlanta man who was clubbed and pepper-gassed by police officers after crossing a Freaknik traffic barricade is challenging the police account of the The man, Timmie Sinclair, who was jailed for 12 days on charges of aggravated assault and obstructing police, was "Justice is ail we're seeking" says Albert Mitchell about client Timmie Sinclair, who was restrained by police with force after crossing a traffic barricade during Freaknik. released Friday on $11,000 bond. He has lost feeling in his right hand and "is in pain and complete agony" from blows struck during his arrest April 20, said lawyer Albert Mitchell. Sinclair's arrest was videotaped by a Freaknik participant and the video has aired girl was treated for pneumonia at a hospital next day, Mitchell said. "He was asked to produce a driver's license, which showed his old address," Mitchell said.

"But. he showed an insurance card with his current address and was told to do one thing by one officer; and another thing by another. He tried to do what, any young father would have done for any young child." Police Chief Beverly Harvard said during a press conference Friday that the officers say Sin- clair did not tell them of a medical emergency. Harvard said she instructed officers to allow any--one claiming a medical emergency and all neigh-; borhood residents through Freaknik roadblocks. Jones, 28, wrote in his report that after Sinclair was told to get on 1-75 southbound he "continued forward and attempted to run over Lyons, who had to jump out of his way." But Mitchell said Sinclair simply went through'; the roadblock and did not try to hurt anyone.

don't think there's any truth to that," Mitchell said. Supplemental police reports previously with-1 held, but released Friday, state that Sinclair was. then stopped and told to put his hands on his car But Sinclair "ducked and charged" Jones. A fight ensued between Sinclair and four offic- ers Jones, Myers, Sequerth and Rainey, the) report says. Sinclair hit Jones four times on the; head and was then struck on the arm and leg with a nightstick by Myers, a 23-year veteran, the' report states.

Sequerth, 24, and Myers doused Sin- clair with pepper spray but "it did not have much effect on Sinclair, however, he stopped being com- bative," the report states. found between North Druid Hills and Cheshire Bridge roads. An accident was reported at 8:15 i.m. on 1-285 westbound past Chamblee Dunwoody Road. Commuters entering downtown from the east encountered lowing on 1-20 westbound before 8:30 a.m.

due to a wreck near Boulevard. Traffic slowed on the Downtown Connector northbound before 8:30 a.m. because of a stalled car between Spring and Eighth streets. The afternoon drive through downtown was snarled, even More commuters hit the road, by a two-car, two-van pileup at 3:30 p.m. on the ramp from the Downtown Connector south-found onto 1-20.

Although it was cleared up in 30 minutes, it Imanaged to slow traffic back to Ca. 400 well into rush hour. Mi another wreck in the area, this one in the right lane of the Connector southbound at Martin Luther King Jr. Drive Just before 5 p.m., didn't help, even though it was cleared off the Toad in only six minutes. A 4:30 wreck on 1-285 westbound ear Peachtree Dunwoody Road involving four cars blocked one right lane for a half-hour, and a 5 p.m.

tangle between two ars and two pickups on 1-85 northbound near Shallowford toad blocked two left lanes for more than an hour and slowed traffic all the way back to Roxboro Road Finally, two cars tied up the two right lanes of 1-75 southbound just south of I J7S from 3:18 to 6 p.m. 4 f- Sinclair KIMBERLEY SMITH Staff 2. The videotape repeatedly on WSBChannel shows five officers, including a sergeant, sur Leadership Conference said Friday they were disturbed by the tape. Sinclair first encountered Officers E.W. Jones, M.P.

Sequerth, Byron Rainey, Paula Jones and Sgt. W.R. Myers when he was directed west on Cleveland Avenue as he was trying to go east. Police were restricting traffic to relieve the Freaknik congestion on nearby Stewart Avenue. But Sinclair, traveling with his wife, Tracy, and their 3-year-old son and 1-year-old daughter, who was running a 103-degree fever, needed to get to a pharmacy on Cleveland Avenue, Mitchell said.

The rounding Sinclair on the ground, with one officer pummeling him with a nightstick and others dousing him with pepper spray. "We are thankful for the man who captured this on video and justice is all we're seeking," Mitchell said. Friday, Atlanta Mayor Bill Campbell said he is asking the city's Civilian Review Board to investigate the arrest after a police internal inquiry is completed Friday. The FBI is investigating whether Sinclair's rights were violated and officials from the NAACP and Southern Christian ON ACCESS ATLANTA For current traffic conditions and helpful corn. muting links: i.