The Commercial Appeal from Memphis, Tennessee • 6

jwb THE COMMERCIAL APPEAL MEMPHIS WEDNESDAY FEBRUARY 23 1994 Msvnem Informant says he cashed in on Owens-linked gambling machines Tennessee Highway Patrol Tennessee Alcohol Beverage Coot mission and the IRS Raby said he had concluded his informant work in late 1991 but during cross examination that statement was contradicted by records showing he was re- celvlng payments for undercover work until October One juror notified UJL Dist' Court Judge Odell Horton of printed material that had been delivered to her home The material some of it purportedly from Libertarian Party members promoted so-called jury nullification The concept es poused by tax protest groups calls for juries to return verdicts based on their beliefs rather than on the law as detailed by the judge Many of the juror's neighbors received the same material secretly recorded conversation of Raby talking with Lynette Carter a co-defendant after Raby received a $15 payout at Eve's all goes into Danny's pocket and he takes good care of Carter says Raby detailed how he accumulated points on machines mostly slot-type machines like Lucky 8 then converted those points to money He said he was paid by managers in at Talent South and at a model" business that Owens has denied operating Owens is accused of profiting from prostitution gambling and drug sales at the businesses The trial is expected to continue at least three more weeks Raby who said he owes more than $50000 in back taxes to the ovemment was paid $5800 for Is work as an informant for the i By Um Waddell Jssste Uoyd Misskslloy Jr ted by Shariff Larry Emison (left) and state policeman Steve Dozier leaves Craighead County Courthouse Tuesday after speaking with attorneys in triple-slaying case The Portland Art Museum has been without a director since December 1992 According to The Oregonian under the last director the mu- By Chris Conley Tbs Commercial Appeal day told jurors how he reaped winnings from illegal gambling machines in businesses linked to Owens Rob Raby said he was paid off on illegal gambling machines 11 rim in the fall of 1991 white working with state investigators Testimony by Raby a convicted forger came as the fifth week of the federal racketeering trial of Owens and five others got under way Raby said his role was to "go in and play the gambling machines and see if I could get paid off by the machines or someone in the Prosecutors played a From Page A1 Art Nashville Buchanan 41 is originally from Nashville He has a master's degree in art history from Vanderbilt Buchanan is known for his fund-raising and promotional abilities During his tenure as director membership at the museum has risen from about 1600 to almost 5500 according to museum figures wife Lucy is director of development for Dixon Founded in 1892 the Portland Art Museum is a public nonprofit entity that has 48 full-time paid employees 21 part-time paid employees and 619 volunteers The Dixon a private nonprofit museum employs 28 fulltime workers and five part-time workers (including gardeners) and relies on 175 volunteers White the Dixon focuses on French Impressionist and related art movements the Portland Art Museum is a general art historical museum with collections that include European and American painting and sculpture from the 16th to the 20th centuries various collections of American Indian Asian precolumbian and African art decorative art and prints and draw- holdings include pieces donated by the Frn foundation If Buchanan takes the job he will run a museum that has seen its share of troubles BAG EVERY SUNDAY THRU THURSDAY FEB 21th -MAR 17th! 19 BRAND NEW 1994 PONTIAC GRAND AMS -'V 1 Ml seum operated under yearly deficits and suffered frequent layoffs leading to questions about the museum's manage-' ment and direction uLtt Slj fro i-wf tti firjim Mw dKi van iw-dYOV UIT to ww tua tl i'" tMtfc Win Sat 9 aa to IO pa 10 aB tU 8 pa REGISTER FREE FROM 00 MU til1 MIDNIGHT FINAL DRAWING FOR CAR AT MIDNIGHT! YOU MUST BE PRESENT TO WIN! uorjm ktmwy ft i Muth li 1 1 lU'ly MjtiutiMriPot on 7 util WMCHHM advised office that Misskelley would not testify at the second trial Burnett could reduce the sentence within 120 days of the Feb 4 conviction After that only an Arkansas governor could reduce the life sentence to a term of years with the possibility of parole One unidentified member of the Craighead County Sheriffs office transporting Misskelley to Rector Ark on Thursday mlsed to bring Jessie Lloyd ley girlfriend to the jail to visit him the defense as- Misskelley had already talking with Davis and County Deputy Prosecutor vin by the tune Stidham and Crow arrived at 7 pm Thursday from Paragould the motion says Prosecutors also talked to Misskelley Friday Saturday and Sunday the motion says Burnett said on Saturday that he had been contacted several times by telephone by prosecutors and defense lawyers arguing over whether Misskelley could make a statement over the objections of his attorneys Burnett said he authorized the state to offer meaning anything Misskelley says cannot be used against him in any future legal proceedings including an appeal Misskelleys June 3 statement to West Memphis police detectives was the centerpiece of the trial in Coming In his statement Misskelley said he was present when Baldwin and Echols beat victims Christopher Byers Steve Branch and Michael Moore to death and sexually mutilated Byers That statement cannot be used in the second trial unless Misskelley takes the stand Misskelley returned to court for the first time Tuesday since his Feb 4 conviction on first- and second-degree murder charges After speaking with his attorneys he was led out of the courthouse through an array of reporters who shouted questions that he did not answer Whether Misskelley will testily against Baldwin and Echols is probably the single most important question still unresolved as the case goes to triaL The joint motion for Baldwin and that even if he doesn't testily the actions constitute a calculated to affect potential jurors They asked for Burnett to dismiss all charges against their clients or absent that to sup- statement prosecutors from making reference to his potential use as a witness and to hold prosecutors in contempt of court Burnett said any statements Misskel- ley made to police or prosecutors would be hearsay in the trial of Baldwin and Echols unless he testifies The two defense teams also called for a special prosecutor to be appointed to investigate their allegations which also was denied by Burnett Burnett said he appointed Jonesboro attorney Phillip Wells to make an inquiry which involved listening to Misskelley in the presence of his court-appointed attorneys Burnett declined to say what Wells was asked to inquire into or why Burnett said he did not speak to Misskelley himself but ordered him brought to the courthouse Stidham asked Burnett to clarify for reporters that he and Crow are still representing Misskelley and Burnett did so Prosecutors Davis and Fogleman were evidently pleased with rulings hut remained officially mum not very fond of being accused of misconduct" said Davis "I feel somewhat Said Fogleman: think the judge's ruling speaks for It rained all day in Jonesboro as jurors waited Burnett dismissed nine of the 62 prospective jurors who did make it to court for what he characterized as personal hardship" Involving illness and the needs of family members He denied requests by two Arkansas State University students who asked to return to school saying learn a lot being in here Every professor thinks his lectures are just invaluable" Burnett told the group as he did in Coming a month earlier that the jury service should be Interesting and rewarding experience" But he cautioned them wont be like LA Law This is real life folks" KFIN-FM Jonesboro news director Wayne A Hoffman who has covered the murders since the bodies were found May 6 was among the first 12 potential jurors called for individual questioning Burnett asked if he felt he should be dismissed and he was Another young man 21- old Airman William ley said he drove from his post at the MacDill Air Force Base near Tampa after his sister in Jonesboro forwarded his jury duty notice Burnett initially dismissed the airman after he said he really lived in Hillsborough County Fla but Billingsley approached the judge privately ana asked to remain in the group He also was selected as one of the first 12 to be questioned beginning this morning BIG BARGAINS From Page A1 Boys tive jurors called to the Craighead County Courthouse mmfe the roll call Tuesday morning The first 12 called for individual questioning by lawyers were told to go home when the issue stretched into the late afternoon Echols's mother and stepfather and Baldwin's mother attended most of the proceedings Tuesday Of the families only Todd and Diana Moore the parents of Michael Moore attended Prosecutors sought to speak to Misskelley on Thursday night in the offices of Clay County Deputy Prosecutor Joseph Calvin after obtaining an order from Burnett last Wednesday to have him transported from the diagnostic unit of the Arkansas Department of Correction in Pine In their motion and an accompanying brief filed in the afternoon alter more than two hours of argument outside the presence of the news media and public defense attorneys said that Misskelley was asked to testily despite repeated clear statements from his attorneys and his father that he would not do so The defense attorneys argue that interests and constitutional rights were violated when he was asked to testify over the objections of his attorneys They contend prosecutors had no right to seek the statement when they knew he had been advised against saying anything that could violate his Fifth Amendment right against self-incrimination The defense Val Price and Scott Davidson for Echols Paul Ford and George Robin Wadley Jr for Baldwin accused Second Judicial District Prosecuting Atty Brent Davis and Deputy Prosecutor John Fogleman of a "conscious calculated and ongoing attempt to interfere with" Misskelley's effortrto represent their client A similar motion was filed in Clay County by Misskelley's at lei torneys Daniel Stidham and Gregory Crow trial took place at Corning in Gay County The motion filed in Jonesboro asserts that Fogleman on Feb 16 told father that the the state would work to have his sentence reduced to 40 years in exchange for his testimony and that Misskelley Sr said his son would not take the deal The conversation took place one day after Stidham had From Page A1 Bank been briefed on the possible rob-bery diversion because of similar ruses in the past around the South and in Southaven Mayor Joe Cates said we got the bomb threat at Gty Hall our officers immediately covered all the city's banks We caught him coming out been a slick deal but it failed he said got Im" The city has 13 banks and branch offices and several of them are located close enough that officers could double up on their surveillance Long said the bomb threat at City Hall was the first of three bogus calls police were informed of all within a 25-minute span beginning about 12:30 pm Tuesday first call was made to Baptist Memorial Hospital-De-Soto with a man telling security officers at the hospital that someone was locked in the trunk of a car" Long said sent a car to check that out but Gty Hall we knew something was going Moments later Horn Lake police notified Southaven officers that a threat had been made Items and prices in this ad effective Feb 23rd thru March 1 1994 Quantity Rights Reserved None Sold to Dealers Coca Cola Products and COCA COLA 2 liter bottle 6 PACK 12 oz cans 129 Hair Spray CONSORT Toothpaste AQUA FRESH 46 oz tube (Compare At 13 oz can (Compare At $249) $159) 50 More Free CARPET ft ROOK DEODORIZER Cleans Disinfects Deodorizes XTRA-PIME out of the car a 10-year-old maroon Ford that had two sets of license plates on the rear with one taped over the other Police were checking to see if the car and the plates had been stolen Long said the suspect had a blue cloth bag on the seat next to him and a loaded 38-caliber revolver on top of the bank bag made no move for the pistol and he was arrested without Long said An undetermined amount of cash was taken from the bank officers said Bank employees said that as the suspect left the bank he dropped what he called a bomb near the entrance called in the Memphis bomb squad It was a piece of concrete wrapped up to look like a bomb" Long said The FBI office in Oxford Miss and the office in Jackson Miss are aiding in the investigation The suspect was sent to the De-Soto County Jail in Hernando where he was held last night Long said the police response to bogus calls is immediate alert It's part of our standard operating procedure We got hit here twice in the early 1980s first when a pipe bomb was set off in the old immediately preceding a bank robbery and another time when a bomb threat was called in and that served as a diversion for a business robbery" against the Trustmark National Bank in Horn Lake third call nailed it for Long said had been burned twice before in the early 1980s "We cleaned out the police station Every uniform officer every plainclothes officer and everyone assigned to narcotics was sent out to cover our banks and major At 1 pm Patrolman Billy Lan-trip observed a suspicious looking man enter the Deposit Guaranty branch on State Line Long said We told him to wait until the suspect emerged We try to make arrests outside the banks or businesses to protect the customers and employees Inside we were notified that the suspect was coming out the bank Immediately sounded the alarm and Lantrip moved in He slid into the getaway car striking the drivers side door About that same time LL Joe Hyde and I were coming across the hill and we pulled in right behind the vehicle blocking any exit" Long said The officers forced the suspect 40 oz btl tL1 3' 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