Dresden Enterprise - Covering Weakley County Like the Dew from Heaven for 118 Years

During a 1 p.m. hearing on Monday concerning a motion to grant a temporary injunction close Westview High School alleged toxic mold contamination is removed, Circuit Court Judge William Acree heard arguments from attorneys for the plaintiffs and defense, as well as the testimony of five witnesses. Acree also viewed over 20 photographs submitted as evidence in the case. After four hours of testimony, Judge Acree adjourned for the day and ordered that the case be recessed until 10 a.m. Thursday, January 17.

Carol Hinman, the mother of two Westview High students, filed a lawsuit against the Weakley County Board of Education in December seeking the injunction. Several Westview parents have been protesting the issue of mold at the school since October.

During Monday’s hearing, Judge Acree heard arguments from attorneys Larry E. Parrish and Amber Griffin of the Parrish and Shaw law firm in Memphis representing Mrs. Carol Hinman and her biological children – Griffin Pochop, age 17, and Dominique Pochop, age 15, concerning a motion to grant a temporary injunction to prevent Westview High School from being used as a place to educate children until it is free from toxic mold contamination, as stipulated under guidelines established by the Environmental Protection Agency (EPA). Union City Attorney Bruce Conley was also on hand during the proceedings on behalf of the plaintiffs in the case.

Attorneys representing the Weakley County School Board were Jason M. Pannu and Chuck Cagle. Also present was Attorney Lee Chase representing H&M Construction Company, which oversaw the construction of Westview High School. Additionally, Dresden Attorney Jeff Washburn, representing Weakley County government, was on hand during the court proceeding.

Before getting into the detailed testimony of the five witnesses who took the stand Monday, and reviewing the evidence presented to the court, which was mostly in the form of over 20 photographs of alleged mold on the ceiling, walls and floor at Westview High School, it is important to know exactly what the plaintiff’s motion actually states and seeks to accomplish.

Motion For Temporary Injunction

The written motion submitted to the court calls for the court to issue an order for the use of alternate educational facilities for the students of Westview until the mediation is complete.

The reasons listed in the motion as to why the court should grant a temporary injunction are:

· The affidavits submitted by Richard L. Lipsey, Ph.D., Andrew Campbell, M.D., Lee Elliot, Julie Joost, Caleb Joost and Marion Pitts filed with the court in the case of Joost v. Barber, detailing the levels of toxic mold within the school, its negative effects on the students, and the experiences of students and parents of the conditions as well as the Board’s unwillingness to remediate.

· The presentation of additional proof at the hearing on the instant motion through live witnesses, additional affidavits and/or sworn oral depositions.

· The need for remediation in accordance with EPA guidelines requiring evacuation of non-necessary parties.

· The refusal of the Board to remediate the building per EPA guidelines, as evidenced by the disregard of Mrs. Hinman’s requests for remediation at school board meetings held in October 2007 and December 2007.

· The current cleaning outlined by the Board is insufficient and does not prevent regrowth of the mold and is inadequate per EPA guidelines.

· The current conditions of the classrooms at Westview are causing serious and permanent bodily injuries, specified in greater detail in the above-mentioned Affidavit of Andrew Campbell, M.D.

· The serious injuries already suffered by former student Caleb Joost, who was forced to transfer, as well as current student, Lee Elliott, who continues to attend Westview, and others.

· The unwillingness of the Board to communicate with affected parties about the conditions of Westview, including the nondisclosure of a 2005 report by County Public Safety Director Jamison Peavyhouse confirming the presence of “mold-like substances” at multiple locations within the school.

· The statutory right provided by Tenn. Code Annotated 49-2-203 giving Griffin Pochop and Dominique Pochop the right to a school building free from exposure to unnecessary hazards, including an environment proven to be contaminated with toxic mold.

· The desire of Griffin High School (a senior) and Dominique Pochop (a sophomore) to remain at Westview High School and complete their high school educations as exemplary and involved students, at a time when high school transcripts, extracurricular activities, and leadership positions are highly regarded on college applications for scholarship purposes.

· The active participation of Griffin Pochop and Dominique Pochop in numerous school activities and their relationships with other students and faculty at Westview, all invaluable experiences at a time in their lives when the development of students into productive citizens is key and critical.

· The public interest in remediation of the toxic mold at Westview is a matter of urgent and serious public interest.

· The enrollment of approximately 750 students at Westview, including Plaintiffs, who face irreparable harm from the conditions present at the school.

· The faculty, parents, staff and others at Westview who also face immediate injury irreparable by monetary damages.

· The critical development of the students of Westview into productive citizens, and the existence of a safe and healthy environment in which each is able to be taught, free of toxic contaminants, which is essential to proper development and stressed by the Weakley County Student Handbook and Vision Statement.

· The existence of many other facilities in the area, such as the National Guard Armory, surrounding churches, and the Weakley County School District Administrative Offices, could serve as alternate educational facilities for the students during the remediation period at little or no cost to Defendants and minimal interruption to the critical learning processes of the Plaintiffs and students at Westview.

· The availability of these facilities to the students until the problems are sufficiently corrected through processes to be determined by knowledge experts, beginning at a minimum with extensive remediation.

For these reasons, and for the personal safety of Plaintiffs, other students, staff and faculty, Plaintiffs respectfully urge the Court to enter a temporary injunction granting the relief described herein.”

(Check out the rest of this story in this week's print edition of the Dresden Enterprise!)

Dr. Jean visits Dresden Elementary School

By David Fisher

Staff Reporter

Famed educator, Dr. Jean Feldman, met with a group of her young fans in the gymnasium at Dresden Elementary School Thursday, where she led the pre-K through first grade students in singing some of her most popular songs – much to the children’s delight. Dr. Jeans’ popularity is evidenced by the fact that the children already knew the songs being sung during the presentation.

Teachers at Dresden Elementary also expressed their excitement that such a world-renowned educator would agree to visit their school. Dr. Jeans’ use of singing as a teaching tool is one of her better-known techniques.

Marsha Williams’ pre-kindergarten class welcomed Dr. Jean as she entered the school, presenting her with a banner crafted by her young students.

Dr. Feldman has been actively involved in education for over 35 years as a classroom teacher, instructor of adults, author, and consultant. Dr. Feldman has a B.A. from the University of Georgia, a D.A.S.T. from Emory University, and an M.A. and Ph.D. from Georgia State University. She is a member of the National Association for the Education of Young Children, the National Kindergarten Alliance, and the International Reading Association.

Dr. Feldman is the author of several popular books including: A Survival Guide for Preschool Teachers, The Complete Book of Indoor and Outdoor Games and Activities, Transition Time, Science Surprises, Self Esteem Activities, Wonderful Rooms Where Children Can Bloom, Ready, Set, Read!, Teaching Tunes, Transition Tips and Tricks, and The Best of Dr. Jean Series recently published by Scholastic.

(Read the rest of this story in the January 16th print edition of the Dresden Enterprise.)

Grand Jury returns indictments

The January term of the Weakley County Grand Jury returned indictments on several individuals, whose cases will be heard in Weakley County Circuit Court. They are as follows:

• Ricky M. Booker – aggravated robbery, criminal attempt to commit robbery, burglary and theft, bond $15,000.

• Cordney Booker - aggravated robbery, criminal attempt to commit robbery, burglary and theft, bond $15,000.

• Thomas D. Williams - aggravated robbery, criminal attempt to commit robbery, burglary and theft.

• Kim Jean Browning – possession of a controlled substance with intent to resale, possession of drug paraphernalia, bond $2,500.

• Bonnie Jane Sanders - possession of a controlled substance with intent to resale, possession of drug paraphernalia, bond $2,500.

• Connie L. Burton – theft and filing a false report, property bond $10,000.

• Alexander David Cross – aggravated statutory rape, bond $50,000.

• James Keith Dowland – DUI, motor vehicle habitual offender act violation, violation of the implied consent law, possession of a handgun while under the influence, and driving an unregistered motor vehicle, bond $10,000.

• Matthew F. Dunaway – criminal simulation, bond $2,000.

• Elliott A. Kieglis – criminal simulation, bond $2,000.

• Joe White Easley – robbery, aggravated burglary, theft, and evading arrest, bond $10,000.

• John C. Elkins II – theft, release on own recognizance.

• Christopher Vickers - theft, bond $10,000.

• Douglas Wayne Esch – theft, and unlawful possession of drug paraphernalia, bond $25,000.

• David W. Frazier – DUI, violation of the implied consent law, and priors, bond $25,000.

• Edward W. Herndon – robbery and assault, bond $10,000.

• Douglas F. Blakley – robbery and assault, bond $10,000.

• Kenneth L. Moore – robbery and assault, bond $10,000.

• Cory Wyat Hill – aggravated assault, theft, and filing false reports, bond $10,000.

• Marco D. Murrell – aggravated assault, theft, and filing false reports, bond $10,000.

(Read the rest of this story in this week's print edition of the Dresden Enterprise.)

Gleason Police Department solves 'Wicked Clownz' vandalism case

By David Fisher

Staff Reporter

Members of the Gleason Police Department arrested three adults and one minor in connection with numerous cases of vandalism in and around the city of Gleason that took place during the night of Saturday, December 15, 2007.

According to Gleason Police Chief Edmond Stewart, his department conducted a number of interviews during the course of the investigation, which resulted in “a suspect being developed and interviewed.”

Chief Stewart said, “As information began surfacing, three other suspects entered the picture.” He added that after a second interview of the first suspect, who was a 17-year-old male juvenile, Investigator David Andrews, Jr. got a confession out of the teen concerning the crimes.

At this point in the investigation, three other suspects were arrested and also confessed in written statements to Inv. Andrews of their involvement in these acts of vandalism.

The three adults arrested on vandalism charges were: Jeremy Hartman, 20, of Forrest Avenue in McKenzie; Timothy Houston, Jr., 22, of Lone Oak Road, Paris; and Ashley Sandoval, 19, of Steel Levy Road, Gleason.

Information obtained during the investigation reveals that on December 15, the four defendants rode around the Gleason area in a Ford truck spray-painting the letters “W C” and the words “Wicked Clownz” on street signs and buildings in Gleason. The letter “W” is painted in black and the letter “C” in red. The term “Wicked Clownz” is thought to refer to a group of fans of the musical group Insane Clownz Posse, who refer to themselves as “Juggalos.”

Locations in the Gleason area vandalized included: the Gleason School sign, U.T. Bone Restaurant, Little General, Gleason Clinic’s sign, and the Gleason Foundry.

Also, road signs along Old Hwy. 22 all the way from McKenzie to Gleason were painted with these markings. Other targets of vandalism along Old Hwy. 22 included the Community Grove Church sign, the Green Store building (no longer in business), and even a snowman in a rural resident’s yard was painted.

The suspects also vandalized property in the Dresden area, McKenzie and Henry County.

(Read the rest of this story in this week's January 16th print edition of the Dresden Enterprise.)