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Serving The People Of Madison County Since 1 90 1
Vol- 87 No. 4 Thursday, January 22, 1987
25c
Children Testify In Sex Abuse Trial
By BILL STUDENC
Editor
Superior Court Judge James A.
Beaty Jr. cleared the courtroom
Tuesday as several Madison County
children took the witness stand to
testify against Andrew "Junior"
Chandler, the Marshall man charged
with sexually molesting them last
year.
Beaty ordered all spectators to
vacate the courtroom during the
children's testimony Tuesday morn
ing, leaving only parents, jurors,
necessary court personnel, pro
secuting and defense attorneys and
Chandler to listen as the children
testified.
Chandler, 29, has pleaded not guilty
to seven counts each of first-degree
sexual offense, taking indecent liber
ties with a minor and crime against
nature - a total of 21 charges. He
(aces a mandatory Ufe sentence if
convicted of first-degree sexual of
fense.
A former van driver for the
Madison County Transportation
Authority, Chandler has been charg
ed with sexually molesting seven pre
school children while taking them to
and from the Marshall Day Care
Center from January to May 1966.
All but one of those children
testified Tuesday, said Ellen Scout en,
special prosecutor for the state of
North Carolina. The children, rang
ing in age from 2 to 5 at the time of the
alleged molestation, used
anatomically correct dolls to aid in
their testimony. One child left the
courtroom in tears, carried by its
parents.
When spectators were allowed back
into the courtroom, Nancy Burgess,
mother of one of the children,
testified that her young daughter
began using sexually explicit
language after riding on the van
driven by Chandler.
"I was getting concerned about
some language that she was coining
home using. She come home one day
and said, 'We been " Burgess
said, spelling the word.
"A few weeks later, she started go
ing through sexual acts with her ted
dy bear. That's when I knew
something was wrong," she said.
Burgess also testified that she
became concerned when the van br
inging her daughter home started ar
riving later in the afternoon than nor
mal - sometimes nearly two hours
later. Chandler was driving the van
at the time, she said.
Beverly Swires, testified that her
daughter, then 3, cried and screamed
when she was put on the van each
morning. Swires said she did not
suspect anything was wrong, but only
thought her daughter was scared to
go to day care.
Another mother, Sharon Hensley,
testified that her daughter, then 4,
also cried when being put on the van
in the morning. Upon returning in the
afternoon, "sometimes her pants
would be unzipped when she got off
the bus," Hensley said.
All three mothers testified that
their children were red and sore
around their "private areas."
Linda King, of Madison County
Department of Social Services,
testified that she interviewed each of
the seven children after being alerted
by parents to possible child sexual
abuse on the van.
"Junior and the grown-up people
took their clothes off and did what
grown-up people do," King quoted
one child as telling her.
Childaen told King that Chandler
and Buddy Norton, also known as
La them Hens ley, had fondled and
kissed them and removed their
clothing. Some children said they had
been probed sexually by fingers and
pens, King said.
Norton (Hensley) and Pam Coli,
two mentally retarded adults who
also rode the van driven by Chandler,
will be called by the prosecution to
testify. Norton, 28, pleaded guilty in
November to seven counts of taking
indecent liberties with a minor. Coli,
38, pleaded no contest to seven counts
of being an accessory after the fact of
taking indecent liberties with a
minor.
Both Norton and Coli received
suspended sentences in exchange for
their testimony against Chandler.
-Continued on back page
Judge James Beaty
. . clears courtroom
Weaverville
To Oppose
New Prison
By ANNE KITCHELL
Staff Writer
A representative from Goldview
Drive spoke to the Weavervilje
Town Council Monday night to
protest the proposed relocation of
Craggy Prison in the Weaverville
area.
Lucia Ward went before |he
council during the regular
meeting saying that the state is
considering purchasing a portion
of a 150-acre tract of land off
Goldview Drive for a new
medium-security prison.
Sam Reed, an official from
Craggy Correctional Institution,
said the current facility in Woodfin
was built in 1924 and is getting too
old. A new facility is scheduled to
be built by 1987.
Reed did not say whether
Weaverville was a considered site.
Ward said that if the prison is
relocated to the Weaverville area,
property values would fall,
blighting not only Goldview Drive,
but all of Weaverville
Town officials agreed to adopt a
resolution opposing Weaverville
as the relocation site.
In other action. Alderman David
Lankford requested that Town
Manager Charles Home keep the
board informed about town in
cidences such as town vehicle
wrecks and personnel firings.
Several council members were
unaware that police officer Mike
Shelton had been dismissed last
week.
Home refused comment about
the dismissal stating, "It is a per
sonnel matter and (is) confiden
tial."
In other action, Mayor Reese
Lasher recommended that the
board adopt a resolution to en
courage the implementation of a
911 emergency number.
Buncombe County' has not ap
proved the emergency number,
but Lasher said feels the North
Buncombe area would benefit
from its installation.
The council tabled a motion to
spend more than $15,000 on new
fire hydrants for the Williams
Street sewer line.
The contraction company for
North Buncombe High School,
Wheeler Construction, estimated
the cost per hydrant at $1,780.
The Weaverville Optimist Club
were granted a lease agreement
for the use of the clubhouse at the
community recreation center. Op
timists will be responsible f?r
facility maintenance and will be
eligible for a three-year lease
renewal.
The next town council meeting
will be held Feb. 16 with two public
hearings scheduled to begin at
6:30 p.m.
The hearings will give Weaver
ville residents a chance to discuss
a proposal for the Reagan proper
ty recreational area at 6:30, and
use of a land water conservation
grant at 6:45 p.m.
Attorney General
Agrees To Investigate
Police Chief's Wreck
By ANNE UTCHELL
Staff Writer
Hie N.C. Attorney General's Office
has reviewed and accepted a request
from District Attorney J. Thomas
Rusher fsr a special investigation of a
New Year's Ere accident involving
Hot Springs Police Chief John Bar
rett.
"It is our feeling that this is a
legitimate request and it would heap
propriate to take it op," John Sim
mom, deputy attorney, said Monday
A State Bureau of Investigation
be better for someone not connected
to Madiaon County politics to do the
investigation.
Barrett has said allegations against
Mm are politically motivated.
When contacted this week, Barrett
said he feels confident the investiga
tion will not turn up anything aise.
"The majority of the taxpayers and
the board are behind aw 100
percent," Barrett said. "There are a
few that haven't been behind me
since I started back."
Barrett continued to contend ha had
Financial Records Show Caldwell
Paid Himself $5,400 In Vacation Pay|
By BILL STUDENC
Editor
Former Madison County finance of
ficer David Caldwell wrote himself a
check for $5,403 in vacation, sick and
holiday pay, according to financial
documents in Madison County Cour
thouse.
. Caldwell was eligible for, at best,
half of that amount, according to
county policy and the county's at
torney.
Caldwell wrote himself the check -
including payment for vacation, sick
and holiday time - on Nov. 17, two
weeks before he was fired by a new
slate of county commissioners,
j ^.Tbe <vas Jugt-m-t of
several possibly improper financial
transactions revealed last week by an
accountant following a recent ex
amination of the county's fiscal
records.
Accountant J. Roger Gregg told the
Madison County Board of Commis
sioners last Monday that his ex
amination uncovered several "ques
tionable" payments to former county
commissioners, county employees,
friends and relatives.
One of the larger of those "ques
tionable" payments was the $5,403
check Caldwell wrote to himself on
Nov. 17. The News Record discovered
a voucher slip for that check in a
.'uugefUe confining fiMcoi*} records
set aside by Gregg as
"questionable."
According to the voucher slip,
Caldwell paid himself (or a total of
520 hours (65 days) worth of vacation,
sick and holiday pay.
That time includes 424 hours of
vacation pay, 64 hours of sick pay and
32 hours of holiday pay.
Caldwell, when contacted Monday,
said he did nothing wrong when he
wrote himself the check.
"It says right there on the person
nel policy and on the timesheets that
240 hours is the most that can be car
ried over from Dec. 31 to Jan. 1,"
Caldwell said.
-"Vflfc fw aeeonudate mi ??rh
\
Ledford Exceeds Limit
On Business With County
By R.T. KOENIG
Special to The News Record
Former Madison County Commis
sioner James T. Ledford conducted
$5,359.75 in business with county
agencies during 1986 through three
service stations he operates in the
Mars Hill area.
State law prohibits public officials
from conducting more than $5,000
with local government agencies.
In January 1986, a Madison County
grand Jury investigated Ledford's
business transactions with the
Madison County Transportation
Authority and Emergency Medical
Service. The investigation was in
stigated by District Attorney James
T. Rusher following criticism from
county auditors and reports in The
News Record detailing the Ledford's
business relationship with the county
agencies.
In an annual report delivered in
December 1985, county auditors
criticized the business transactions,
pointing out that, for the second year
in a row, county payments to Ledford
Enterprises exceeded the legal limit.
At that time, Rusher declined to
charge Ledford, stating that accoun
ting errors may have been responsi
ble for Ledford Enterprises receiving
16,016.12 in county business during
the 1865 fiscal year.
Following the grand jury investiga
tion, Ledford, chairman of the com
missioners, pledged to discontinue
servicing county vehicles, while in
sisting he had serviced the am
bulances and vans in order to save
the county money.
County records indicate that Led
ford honored his pledge until shortly
after his defeat in the May 1986
Democratic primary. Receipts in the
county > general fund ledger indicate
that Ledford Enterprises received no
payments from March through July
30, 1966. It appears, however, that
Ledford-owned service stations
resumed servicing the county
vehicles in late July 1806
Ledford Enterprises was directly
paid 94,9M.M for fuel and repairs by
Madison County from January
through December 1906, mainly in the
months between July and November.
Although the total is $5.08 below the
legal limit, payments made by the
time as you're eligible for, but all you
can carry over on Jan. 1 is 240 hours,"
he said. "It doesn't say that you won't
get paid for it. It's very damn plain on
the timesheet."
If an employee does not take vaca
tion time or is not paid for his ac
cumulated time by Jan. 1, all time
over 240 hours will be lost, Caldwell
said.
According to a timesheet provided
by the county finance office, vacation
time . . shall be cumulative up to
240 hours."
County attorney Larry Leake said
the county's vacation time policy is
patterned after state policy, which
' -CttntHnJed on Mack page
James Ledford
. . .former commissioner
county directly to Phillips 66 Co. for
services at Ledford -owned stations
push the total over the IS, 000 limit.
-ConUmed on back page
Zeno Ponder Says GOP Behind
Latest Conspiracy Indictment
By ANNE KITCHELL
Staff Writer
Zeno H. Ponder, longtime Madison
County Democratic strongman,
blames the Republican Party for the
resurfacing of conspiracy charges
against him in connection to a 1982
land purchase.
"Leadership in the Republican
Party from Jeaae Helms on down is
behind this. Republicans will walk
over anybody to further their caiae,"
Ponder said earlier this week.
"Bitter Republicans feel about me
the way Christians feel about the
devil," be said. "They want to get me
out of the i 1_
P*nd Jury in
m
4
'Bitter Republicans feel about me the way Christians feel
abeot the devil. They wast U get me ant of the way . '
Zeao Ponder
?i
right of w*y to the river," Ftadar
Mid. "We were determined to get a
tat and west acroaa
County."
A number of acfcooi?UMr? from
irea are currently riding i
Sff tJKrtft
r Creek to I