Birmingham Post-Herald from Birmingham, Alabama • 21

"rrw say James holds last hope for Evans' life a Post-Herald MCTRO the and the court apparently felt that Carroll and Pennington had no legal standing without authorization to make the appeal Carroll said the question of legal standing would also be an obstacle in an appeal to federal courts While the state Supreme Court was deliberating on the case yesterday the US Supreme Court refused to hear the death penalty case of Florida inmate John Spenkelink who was sentenced to die for the 1973 killing of Joseph Szymankiewicz in a Tallahassee motel The court's refusal to hear Spin-kelink's case exhausted his appeals process and leaves Florida Gov Bob Graham to decide whether Spinkelink will become the first person executed In that state in 12 years Gov Graham also a death penalty advocate is not expected to set an execution date for Spinkelink until be has had time to re- view his case fuse the motion and said no written opinion would be issued Janie Shores the only woman on the Supreme Court was the only Justice to vote for a stay in the court's brief closed-door session yesterday morning She would not comment on the decision but said she cast a dissenting vote because "the (Carroll) petition alleged that the Ritter case also involved a similar point (failure of the trial Judge to instruct the Jury on robbery)" Justice Torbert said a motion to halt the execution could still be filed in federal court but Carroll was doubtful that such action would be taken "1 really think that we filed the best legal gun that we bad-but I think not a whole lot can be done Carroll said "The problem is the way we approached the court in filing the motion in that it was predicated on Alabama The motion was filed as "a friend of 1977 trial to killing Mobile pawn shop owner Eddie Nasser and has since proclaimed his wish to die rather than serve time in prison Evans and his accomplice in the murder Wayne Eugene Ritter were both tried at the same time Ritter was also sentenced to die but is case is being appealed After the US Supreme Court refused earlier this year to review his case Evans instructed his attorney Carroll to make no further appeals of his death sentence However Carroll and Mobile attorney A1 Pennington defied wishes and filed a motion before the state Supreme Court based on what Carroll called "a reversible error" in 1977 trial Carroll said Mobile Circuit Judge Joseph Hocklander failed to instruct the jury on the elements of robbery which be was required by law to do since Evans was charged with both the robbery and murder of Nasser Alabama Chief Justice CC Torbert announced the court's decision to re until the death penalty issue is resolved" Carroll said But Jon Ham press secretary has said the governor considers the Evans Case a "Judicial to be decided in the courts Ham said he does not anticipate any action on the part of the governor but said "it might be different if Evans did not want to or there was still some question concerning his guilt There was no word yesterday whether Carroll's request for a meeting with James a death penalty advocate would be granted Carroll also filed a petition yesterday with the State Supreme Court seeking a stay of the scheduled March 30 execution of Jerry Wayne Jacobs Attorney John Carroll asked for the stay after the St Clair Circuit Court earlier Monday rejected a 13-page appeal of murder conviction The petition to the high court asks that the execution be postponed to allow an ap- peal of circuit court ruling Tuesday March 27 1979 Jacobs was convicted and sentenced to death for the 1976 slaying of 79-year-old gambler Walter Knight of Cullman Prosecutors said Jacobs his brother and another man abducted Knight as be was walking home from a Cullman pool ball drove him to an isolated wooded area and robbed and killed him Due to the Evans case Jacobs case has received little publicity Carroll said he expects execution will be stayed Evans 29 confessed in his April sv By Greg McDonald MhnHhfMr The April I execution of John Louis Evans Iu now appears as If it may take place as scheduled snless Gov Fob James deckles to stop it attorneys said yesterday The Alabama Supreme 1-1 vote yesterday denying a stay in effect exhausted legal remedies available to death penalty opponents seeking to halt execution The Supreme Court has refused to bear the case and state federal Judges have apparently taken a "hands off attitude" by refusing four other appeals to block the execution Montgomery attorney John Carroll who filed the motion for stay before the court last week said denial "has foreclosed Just about aU legal remedies available to He said Gov James is possibly the last hope written (to Gov James) and asked for a meeting with hlmto ask that Alabama not have any execution This building will house Britton has 2nd interview of a court order issued by the Judge two years ago Larry Bennett still is serving as corrections commissioner but James has made no secret that he is looking for a person to head the prisons Britton denied published reports he may have been forced to resign from his Job with the Arkansas prisons and he said he was not demoted He said a change made in his assignment was "lateral He said he left his Job "because of personal problems between myself and the director "It was probably both of our Britton said "There comes a time sometimes when two people have differences best for each to go his own Asked about charges he had been cited for brutality while warden of Tucker Prison in Arkansas Britton said that was "not "In Arkansas you have to go back several years Those charges were lO" Color Warehouse Dirocf 100 Sofid State ChatM Ported por-lonai portable fightwighl easy to moot around! NEW IN BOX njrSfcptaGMM $12 million silver mine replica restaurant on Red Mountain By Frank Bner Psat-Hvald Reporter MONTGOMERY A leading contender to bead the Alabama prison system spent more than an hour behind closed doors yesterday with Gov Fob James It was the second appearance here for Robert Britton former director of administrative services with the Arkansas prison system Britton said afterward he and the governor talked about problems within the Alabama prison system but denied James had offered him a Job as prison commissioner Asked by reporters If be would take the job if it were offered Britton said: "I would consider The Alabama prisons currently are in the receivership of James by virtue of an order issued hi February by District Judge Frank Johnson Jr Johnson said the Board of Corrections had failed to cany out provisions Chroma Color II 100 Solid State 19" Dio Choice SyMMi Early Amffcon Mountain restaurant to be replica of mine strictly one-sided In federal court the inmates can allege anything they want to They are not Asked if he were looking for a Job elsewhere Britton said not now but would be within the next few weeks "I've been in corrections It years and I think I had better stick with he sail Britton said he and the governor talked about classification prison conditions the backlog of county Jail prisoners waiting to get into the state facilities and other matters concerning conditions in Alabama He said 'one of the positive aspects of the Job in Alabama "is the Asked if there are any negative aspects be said: press The press is always looking for the bad things They accentuate the bad things instead of the good things in the prison systems" As receiver of the prison system James has hiring and firing powers There were reports after his being named to the position he would fire Bennett as commissioner GEBZTrGtitQi Qn) fiflB) Console CHRQMACOIORQ 25 no Broadcast Control Color Your Your Choke By Cbrfs Conway Baby Doe Tabor The Silver Qwen became so wealthy from the Matchless Mine in Colorado that she spent 616JHM a day But despite her bright blue eyes constant smile reddish gold hair and a gift of gab she died penniless That story is the foundation around lality Restaurant Corp of i is spending 12 million on a lavish wooden replica of a silver mine atop Red Mountain which is expected to generate 2 million groes revenue the first year from food and drinks Baby Doe's Matchless Mine will open the last week in ApriL Bob Dunn Job superintendent stood in what will be a small dining room in the massive stricture and gestured around the building wU sent a total of 321 people including 229 in a disco The walls are rustic with exposed beams and angle irons It will resemble mine shafts in portions and there will be railroad tracks Inside and ore cars A total of 19 dining rooms will be open on four separate levels most of which will have a panoramic view There will be a country store and green plants and 100-year-old artifacts including many representing the mining Industry around early Birmingham he said Classes will begin in a few weeks to train the 179 employees to serve -The kitchen uses no pre-preparad food he said but instead will make its own foods from scratch something all wwmrwnmewm smrev TSwsfiSr" 100 SUM SisMi Ns WoraheuM Direct Electronic Tuning light Senior 100 Sofid State Modular Chauii nbh SiMtrf QQjEQfkxpflfflft fffrrffto Wte SMEMIUMKOIBIPIMTSKCtiU the restaurants in the company da There are 60 around the UJ now and a similar one is being built in Atlanta There is also a self-contained laundry Dunn said the restaurants have had problems with laundry services in other dties so they do their own The estimate of 2 million the first year is a conservative one he said "Most of ours do $39 million a he said But this one is remote up on the mountain in the woods with few trees disturbed It will take people a little time to find it and try it he said The building which is built atop 40 feet of solid rock is near some old iron ore mine shafts which run part of the length of the mountain adding a further connection between the legend and the actual structure Duaa said Specialty Restaurants has its own development company and does Its own construction The headquarters are in long Beach Calif He said the building which is fully equipped with sprinklers is one of the larg-est wooden structures in the state Dunn said the carpenters had an i ally tough Job oh the project which was started in 1977 due to the location A new road was cut above Channel 42s studios to gain access to the location The address is 2033 Golden Ctest Drive But if you are planning on driving up for a look better wait until it opens Dunn said It Is dangerous to go in before construction is finished and a guard is kept on duty around the dock so no one win get hurl inspections should be as complete as the original inspection Action Line asked him if It would be possible to do an inspection without the individual being at home He said It could be done if it were possible to crawl under the entire structure He said at times firms will be as much as two months late in doing Inspections The Birmingham Better Business Bureau told Action Line that Terminix does not have a good record of responding to complaints Ifpoa have a problem write Action Line Birmingham Poet-Herald Birmingham 35201 Cire your name address and telephone number Outline the problem as tulip as possible and send copies of pertinent documents The copies will not be returned Tie Post-Herald will answer rla Action Line as noon as posable We do not answer queries op maiL Because at staff and time limitations telephone complaints will not be accepted Homeowner seeks proof of firm's termite inspection QUOD ColorTrak RCA REMOTE CONTROL Warehouse Direct McosPlus RCA 19'dtagonal XL-100 color TV with 100 solid state XtendedLife chassis We entered Into a eotreet with Termhdx btereatiooal on March 13 1176 for termite protection We have Arm that the eompoay has bero making unul inspections I wrote the firm a letter on Feb 13 to confirm the font have not rJJATusealooos John Helm Terminix local manager told Action Line he does not have a record of your letter He said be would caU you to explain the situation and to 1 arrange for this inspection Helm said Ms records show that no one was home when his employees went to inspect your home last year and that a note was left for you He said he could pot confirm whether the inspection had actually been completed He said you are not actually paying for inspections but for protection as in an insurance We then contacted Dr John Bloch director of the state agency which controls pest control firms He said state law requires annual inspections under all termite contracts and he said the H'A'N DjYi umsmgmmi 2Mf ifcfcaAi.