Alabama Journal from Montgomery, Alabama • 2

THE ALABAMA JOURNAL. WEDNESDAY, NOVEMBER 26. 1986 Farm family among lucky who escape unhurt from tornadoes Also, an apparent twister first was report ed in the New Brockton area about 9:30 p.m. Tuesday. Barbara Bensema, a nursing supervisor at Dale County Hospital, said Andy Phillips.

3, was in satisfactory condition early today as a result of the weather. The boy sustained injuries sustained when, a twister hit a house trailer near Ariton. Another woman was rushed to the hospital early today. Her condition was not immeidately available, according to the supervisor at the She said she was unsure exactly how many homes were damaged. Several hours later a twister cut a swath across Enterprise early today.

A city ballpark was destroyed. The twister also demolished a business called Custom Plating. Another building, Duracast, was damaged from the wind. Police dispatcher Debbie Hope said two mobile homes were overturned. Two occupants were treated for minor injuries at Humana Hospital City emergency management director Moose Hope estimated damage to the ballpark at $50,000 to $70,000.

Other damage estimates were not yet available, Hope stated. Sutton said a tornado caused extensive damage to his property. He said the twister shredded his roof, blasted out windows and covered the inside of his house with mud, corn stalks and tree limbs. Sutton said his young daughters were "pretty shook" during the tornadic wind. The wind subsided after about one minute, he said.

"We were just sitting here, I had unplugged everything because of the lightning and it started hailing," Sutton said in a telephone interview today. He said he got up to close windows and "by the time I got to the back of the house it was blowing windows out." Sutton said he then called his family together in the hallway. 'That's the first tornado I've been through and I hope it's the last," he said. Sutton said the tornado destroyed or damaged the houses of several neighbors. Most of the homes were those of his relatives, in the community north of Ariton, he said.

Ariton police dispatcher Denise Senn said a tornado tore through several farmhouses in the area. Most of that damage occurred along Alabama Highway 51 north of town. The worst damage took place between 9:30 p.m. and 10 p.m., she said. "Several of the bouses around here got blown away," Senn said.

A Barbour County farmer said today that Crouched over his wife and two children in a hallway with corn stalks and mud slinging through their house as tornadoes ripped through southeast Alabama, injuring several people and damaging a church and homes. Emergency workers said a rash of twisters Occurred between 9:30 p.m. Tuesday and 2:10 a m. today. The twisters cut a nearly 50-mile path through Alabama's Wiregrass region.

No serious injuries were reported. "I say I'm lucky," said Walter Sutton, a 25-year-old farmer whose family escaped injury in the storm Tuesday night. Court reinstates accord to pay teachers $500,000 By Rom Wojnor Journal jfcjff wrtHH A Wayne Teague couldn't be reached for comment Tuesday night. Attorney General Charlie Graddick told The Associated Press the state will appeal the decision to the U.S. Supreme Court "unless we are procedurally barred from doing so." Donald Watkins, a Montgomery lawyer representing the plaintiffs, said today that he is not certain whether the board will seek a rehearing before 11th Circuit Court or appeal to the U.S.

Supreme Court because there will be four new board members. He said the plaintiffs have experts who would be willing to work with the state board to develop a new test, but he is not sure whether the board will accept the offer. During a non-jury trial in May and June, Thompson heard three weeks of testimony on whether the test is racially discriminatory and flawed, and Watkins said he expects the judge not to issue a ruling until all appeals are exhausted. The appeals ruling came in a class action suit filed in December 1981 by Margaret T. Allen, Yolanda F.

Lamar and Beverly K. Jones claiming, among other things, that Alabama's teacher certification test unfairly discriminated against blacks, had no relationship to job performance and was implemented without prior notice. The three filed the suit on behalf of 654 blacks who had failed the teacher certification test. The class was later expanded to some 2,000 people who have failed the test since 1981. In April 1985, Teague and lawyers for those affected agreed in a secret meeting at a Birmingham hotel to a deal giving the 654 teachers certificates, dividing the $500,000 among the 2,000 and throwing out the test.

The appeals court noted the state board had authorized Teague to negotiate settlements in lawsuits, and had been told of the contents of the agreement. But after the settlement was announced, public uproar, including Graddick's criticism, resulted in the board's refusal to sign the agreement. Thompson first ruled the settlement was valid, but in February, reversed his decision, saying the board's failure to sign the agreement meant the state had not waived its constitutional immunity from lawsuits. The appeals court said, however, the board's initial agreement was binding. "Not only did the individual board members make no objection the testimony before the district court indicated that they believed at the end of the (secret) meeting that they had approved the settlement," the court said Tuesday.

The state Board of Education may decide at its Dec. 11 meeting whether to appeal a federal appeals court ruling that says the board must honor an agreement to pay $500,000 to about 2,000 teachers and award teaching certificates to 654 of them. The 11th U.S. Circuit Court of Appeals in Atlanta Tuesday reinstated the agreement, which had been voided by U.S. District Judge Myron Thompson of Montgomery in February.

The settlement had called for $500,000 in damages to be divided among about 2,000 people who have failed Alabama's teacher-certification test since 1981 and give teaching certificates to 654 of them. The settlement also called for lowering the passing score and developing a new test altogether. Charles Coody, the Board of Education's attorney, said Tuesday night he couldn't comment on the ruling because he hadn't seen a copy of it. He did say, however, the decision to appeal rests with the Board of Education and he expected the matter to come up at the panel's Dec. 11 meeting.

Board vice chairman and presiding officer John Tyson Jr. of Mobile and state Superintendent of Education lournai photo by Mark Almond Fire causes heavy damage Firemen keep low to the ground to avoid aged the 2464 Spruce Curve home, according to smoke as they battle a housefire Tuesday night, firefighters at the scene. Firefighters had the The fire, reported about 8:45 p.m., heavily dam- blaze under control in 11 minutes. 700 acres recommended for rezoning By Virginia Martin Journal staff writer Injunction issued to protect woman By Emily Ltonfley Journal staff writer Although the state Highway Department has plans to widen Vaughn Road, it will not help the traffic on Payne or Ray Thorington roads, Robinson said. He also said the development could lower property values in the area provided the lot size is not increased.

Faye Baggiano, state Medicaid director, objected to the proposal, saying it would bring even more children into already crowded schools in the area. Elvin Stanton, executive secretary for Gov. George Wallace, also criticized Aronov for asking for one zoning plan while saying he probably would want it changed and saying the land needed to change hands this year. "That's a pretty flimsy excuse," Stanton said. "That's scary to us and it doesn't sound like responsibility to me," he added.

Aronov told the commission that he may ask it to re-zone part of the property for townhouses and patio homes at a later date. He said, however, that he doubted he would seek apartment zoning, as some residents feared. The development will be connected to sanitary sewer, he said. The commission also recommended denying a request to rezone land south of Bowman Street. The land once was Sports Acres for a mobile home park.

Residents of the area complained that mobile homes would devalue their property. In addition, they argued that crime in the area would increase. The Montgomery Planning Commission struck middle ground between developers and Payne Road residents Tuesday when it recommended rezoning about 700 acres south of Ray Thorington Road near Payne Road for residential development. But Payne Road residents said the larger lots and minimum house sizes that developer Aaron Aronov agreed to on a portion of the property were not enough. And Aronov said he probably would ask for another soning change in about six months, after a development J)lan has been drawn.

He said the owner wanted to sell the land before the lend of the year. That would enable him to receive tax breaks that will Dec. 31. 7 The commission recommended rezoning 23 acres of the property that borders the Payne Road development for lots with 100-foot frontages and required a minimum of 2,400 square feet in each home built on that land. It recommended rezoning the remaining 677 acres for 'JfAs with 85-foot frontages.

The City Council has the final authority on zoning Aronov had asked that 23 acres be zoned for lots with 355-foot frontages and 677 acres be zoned for lots with 75-ftwt frontages. However, he verbally agreed to the commission's compromise during Tuesday's meeting. Residents, however, were asking for at least two-and-a-half-acre lots on the land that borders theirs. --Charles Robinson, a Payne Road resident, complained traffic in the area is already heavy and will be made worse by Aronov's development. aware of any reason Pierce would fear retaliation.

Mayor Emory Folmar declined comment. Last week, Thompson issued a judgment that said the city Police Department's promotion practices discriminate against women. Thompson ordered the department to restructure the promotion process. The order gave city officials and attorneys for Pierce and Joyce Oyler, another woman involved in the case, three weeks to decide how best to revamp the promotion process. Pierce and Oyler will then have another week advise the court of any problems with the plan.

Thompson said he will intervene if the parties cannot successfully begin improvements. Thompson said in the injunction that last week's order was worded to prevent the department from engaging further in sexually discriminatory practices. He said last week's order did not protect Pierce and others represented in the class action lawsuit from retaliation. Thompson said he issued the injunction because Pierce requested that she be protected against unfavorable treatment in the wake of his earlier ruling. "The injunction will prohibit officials of the City of Montgomery and its police department from retaliating against Pierce and any other person who files a charge of sex discrimination, and the injunction will require that these officials give Pierce, in whatever departmental position she may hold now and in the future, the same respect, support and encouragement given to all other officers," according to the order.

Pierce is a corporal assigned to the uniformed patrol division. Pierce intervened in an ongoing lawsuit against the department for sexual discrimination in 1983, alleging the department's promotion system discriminates against females. Thompson said in his ruling last week that the department's promotion system, which uses subjective ratings for evaluation, has too few guidelines. An injunction, released today in a sexual discrimination lawsuit against the Montgomery Police Department was issued specifically to protect the woman who filed it from on-the-job retaliation. U.S.

District Judge Myron Thompson's latest order in the discrimination case prohibits the Police Department from retaliating against Sandra M. Pierce because she filed and won the lawsuit against the department. Pierce's attorney, Wayne Sabel, said Pierce requested the injunction because of several incidents that she regarded as retaliatory. Sabel said some city officials have made public statements questioning Pierce's qualifications. Acting Police Chief John Wilson said the department would comply with Thompson's order.

He declined further comment. Public information officer Tommi Hord said the department is not Jemison man indicted 139 units expected in annual parade From staff reports Low One hundred thirty-nine floats, decorated cars and marching bands are expected to converge on downtown Montgomery Thursday to participate in the 63rd Annual Turkey Day Classic Parade. The stream of music and color is expected to fill the streets for about two hours Thanksgiving morning, between 9 a.m. and about 11 a.m., according to John Knight, chairman of Alabama State University's TampsxalwM FRONTS: Warm Cotct Ocdudodv. Stabonvy Homecoming Steering Committee and public commu- Showwre Rati FksrrtM Snow nications and affairs director for the school.

The parade will be followed by the homecoming Montgomery forecast football game between the ASU Hornets and Clark College of Atlanta. The game kicks off at 1:30 p.m. Parade entries will begin lining up in the Cramton Hlfk yttterlay 71 Law lab Baraiaf It alafallZ.il Bik aaaMitj Lew kaaUHty tt Saasrl toaay: 4.41 pjs. J.Bowl Parking lot at about 7:30 a.m. They will march Monroe Street, travel south on Bainbndge Street to Dexter Avenue, then along Montgomery In PlWnn Clpaat Tkuraday will ae cleady wilk a sr-mi thiKt rata aa4 high fai Ike paw Ms.

Wlaw will rraa Ike Mrtfceul al I to II T.niibl wrlU at mmxly fair wila a tow la Ikt law Mt. Wiada will at Itaat Ike wtal al to II aak. Tada; was rtavay arlia a ki(k fraaa 71 to 7S Wiads were traai Ike stalk-tasl al II la II aiak. State temperatures TtfnpcrahMe and prtdprlatlon table leeart eifk far tats sale as 1171. ttceiw lew far tali dale IllallSI.

tjll LLL Oil V. I- I From staff reports Fifty-four-year-old Floyd R.C. Lovett of Jemison was indicted Tuesday by a federal grand jury for receiving pictures depicting children engaging in sexual acts. Lovett could not be reached for comment Tuesday night. U.S.

Attorney John Bell announced the indictment Tuesday. The case was part of the U.S. Customs Service's Operation Cameo, a program to target pornography distribution in Alabama, Louisiana, Tennessee, Mississippi and Virginia. Bell released the indictment, which alleges that Lovett received child pornography by mail Nov. 12, 1986.

The indictment outlines obscene materials mailed to Lovett included "Nymph Lover," "Schoolgirls International Lolita Magazine," Lo-lita Color Special 9," "Incest 3," "PreTeen Sexuality Vols. I and II," and "Torrid Tots." Receiving obscene material through the mail violates federal interstate commerce law, Bell said. Arson hotline installed The Alabama Forestry Commission announced Tuesday a toll-free hotline has been installed to accept tips about instances of possible arson. In implementing the 24-hour hotline, commission officials said they hope to increase arson convictions. Although more than half of the wildfires in Alabama are believed to be caused by arson, only 12 arson convictions were obtained last year.

Officials said informants may call anonymously. A $500 reward is offered for information leading to the arrest and conviction of arsonists. The hotline 1-800-222-AWAR is a joint project of the commission and the Alabama Forestry Association. The association will provide the cash awards, and the state will provide the hotline. Anonymous callers also will be eligible for the $500 award.

paying for the coats, according to police reports. Josephine Love of 1025 Highland Village Drive was arrested and charged with theft. Love was released from the City Jail on $500 bond late Tuesday. In another case, Tenna Roth Mayer of 1830 Texas Court reported someone took $300 in diving equipment and a $25 jewelry box from a rented mini-warehouse. Mayer said the items were in Store Safe, 221 East Boulevard.

Court upholds man's conviction An Alabama Criminal Court of Appeals ruling released Tuesday upheld the conviction of a man on ten charges, including five sodomy charges and one rape charge. Thirty-one-year-old Gary O. Porter was found guilty of robbing three women and sexually abusing two of them Dec. 14, 1984, at a Montgomery residence. Two of the women were mother and daughter, and the other woman, the grandmother, was forced to watch as Porter sexually abused the other two for an hour, according to court records.

Porter wore a pillowcase he got after he broke into the residence as a hood during the episode, according to records. He broke in early in the morning. The women were seated around a kitchen table making arrangements for the funeral of one of their husbands, who had died earlier in the evening. Porter appealed the convictions and his sentence of life imprisonment without parole on grounds that he did not know he could refuse to consent for investigative officers to search his motel room. Officers searched his motel room after he signed a consent affadavit.

In the room they found jewelry taken from the victims' home and a curved knife identified by one of the victims during the trial as being used during the crimes. The appellate court upheld the Montgomery County Circuit Court's conviction and sentencing of Porter and the $10,000 in restitution. The parade will disband at Washington Avenue. VZ. Montgomery police officers will have the parade "route blocked off to traffic, but Washington Avenue -will not De ciosea, saia ponce iniormaiion omcer Tommi Hord.

1J0 Jl 17 Tuscaloosa 53 1.21 Sekna 79 41 Jl Dottian Huntsville Muacle Shoals Amnion Itrmingham 74 51 74 43 7 44 74 57 Knight said the number of entries is about average 72 41 1J1 lor me nomecoming paraue. nc enipnaaizeu inai should remain behind police lines along the pa Nation's temperatures ir-'' rade route, and should obey parade marshals who are acaaaav4s.cdy lunesei sa 10 14 .14 to be stationed along the route. Woman charged with stealing coats Jl .14 in 'Z' Montgomery police arrested a 19-year-old Montgom 7 42 3 17 44 41 4 47 45 75 45 52 51 44 55 10 B4 44 71 44 54 24 54 17 71 45 45 12 55 44 47 15 44 21 71 44 44 AnuriUocW Anchorttft dr Ailwvilb cdy Austin city Uthmof cdy UlUnpdr oaten cA BtTOwnsvtwW Cely uHalocay Chicago ody Cincinnati cd Cleveland cdy Denver car Detroit cdy BPasodr fvamvinecdy Fargo dr Hertford cdy HowMtaM cdy Las Vegas ck- NaahvltUcriy NewOiunscdy New lor coy NorloaXVa. cdy OnutucW Oriaiidocrfy ctto cdy MchincMid cdy Skamania cdy ttUmkcdy Shreveoet cdy Syracuse cdy Toptkack Tucson dr Tulsa cdy St SI 41 44 75 a 41 2a 54 34 45 .12 47 11 54 34 a 24 50 24 47 27 44 25 5 25 I 31 4J 34 34 52 11 54 45 71 ery women Tuesday and charged her with second-degree theft in connection with the theft of two fur coats an Eastdale Mall department store. Store employee Elizabeth Ann Davis reported she saw a woman putting two fur coats, valued at $145 and $100, into shopping bags inside the Sears store about 7:15 p.m.

The woman attempted to leave the store without.