50 years ago... Inside... - Chattanooga Bar Association

Public Notices, page 15 

Real estate section, page 13 

Recipe, 

page 19 

VOLUME XCVI NUMBER 8 CHATTANOOGA, HAMILTON COUNTY, TENNESSEE — SINGLE COPY 50¢ FRIDAY, FEBRUARY 20, 2009 

50 years 

ago... 

What was happening 

in Chattanooga 

in 1959 

Saturday, February 21 

County Court Clerk Jack 

Hixson will begin issuing 1959 

Tennessee auto and truck tags 

Monday, March 2, on a firstcome, 

first-serve basis. 

Sunday, February 22 

W. H. Steig has been 

named chairman of the 1959 

Clean Up-Paint Up-Fix Up 

Week program, April 19-25, it 

was announced by Hubert A. 

Pless, Jr., chairman of the fire 

safety committee of the 

Chamber of Commerce Safety 

Council, which sponsors the 

program. 

Monday, February 23 

Independent Theatres, 

Inc., will build a shopping center 

costing more than two million 

dollars on the site of the 

Skyway Drive-In Theater on 

Brainerd Road. Moses 

Lebovitz, Independent 

Theatres president, 

announced Saturday. 

Tuesday, February 24 

Robert M. Humphreys, 

Chattanooga florist, Monday 

was nominated by the City 

School Board to succeed R.E. 

Biggers, Sr., whose resignation 

was accepted Monday. 

Humphrey’s name will be sent 

to the city commission for confirmation. 

Thursday, February 26 

Mayor Olgiati and Alf 

Law, Jr., a member of the city 

school board, participated in 

ground breaking ceremonies 

for the new $1.5 million 

Brainerd High School on 

North Moore Road. The 

school planned for a maximum 

of 1,000 students is 

expected to open in 1960. 

Inside... 

Real estate section ..13 

OTHER INFORMATION 

I Swear.......................6 

Critic’s Corner ..........19 

Hamilton County Herald 

Wanda Paschal embraces her role at the bar association 

By David Laprad 

Following the induction of 

the Honorable Barry Steelman as 

president at the annual meeting 

of the Chattanooga Bar 

Association, the judge spent several 

minutes drawing attention to 

the people who have gone 

beyond the call of duty on behalf 

of the organization. As every 

member of the legal community 

does in such moments, he 

thanked executive director Lynda 

Hood for everything she’s done. 

And then he directed everyone’s 

attention to the back of the 

banquet hall, where Wanda 

Paschal, Hood’s administrative 

assistant, stood, and expressed 

appreciation for her efforts. 

“She’s the wind beneath Lynda’s 

wings,” he said. You could almost 

feel the heat of Paschal’s blush 

across the room as dozens of 

lawyers and judges looked up 

from their chicken lasagna and 

applauded. 

On an unseasonably warm 

morning in early February, 

Paschal is back in her element. 

She answers her phone, allows 

the caller to vent and then tells 

the person what to do next. 

Minutes later, she directs another 

caller to the CLIPS Web site. 

Psychotherapy Alternatives — an integrated approach to mental health 

By Samara Litvack 

Through what she calls the 

“four Cs” – convenience, comfort, 

cost-effectiveness and confidentiality 

– Laura Schreeder Hubona, 

licensed clinical social worker, 

created Psychotherapy 

Alternatives, PLLC, a private 

practice counseling center that 

focuses on supportive, integrated 

therapy. 

“I wanted to run a lean and 

mean shop where my expenses 

were low and I could work with 

my patients. I wanted it to be very 

comfortable. I wanted to offer 

them a level of service that was 

unparalleled and I wanted to give 

Wanda Paschal has been the administrative assistant at the Chattanooga Bar 

Association for eight years. The Honorable Barry Steelman recently called her “the 

wind beneath Lynda’s wings,” referring to the unwavering support Paschal provides 

executive director Lynda Hood. (David Laprad) 

“I do whatever Lynda asks 

me to do,” Paschal says, laughing 

at the apparent simplicity of her 

job, which she took in 2000. But 

as Hood’s go-to girl, she has more 

than enough work to fill an eighthour 

day. From being the first 

point of contact for people coming 

into the bar’s quarters in the 

Capital Mark building down- 

them the feeling that they were 

coming to see an aunt or a sister or 

a friend, as opposed to seeing a 

‘big doctor,’” she says. 

Soon after she began her 

practice in 2005, Hubona began 

recruiting an assortment of professionals 

to grow her existing practice. 

Now running out of an office 

at Hamilton Place and a newlypurchased 

location in North 

Chattanooga, Hubona has enlisted 

a respectable group of independent 

practitioners who work 

together to offer a holistic, therapeutic 

experience. 

“I’m very honored by all of 

these ladies,” says Hubona. “They 

are adding a dimension to this 

town, to handling incoming mail, 

to updating the association’s Web 

sites, to dealing with CLE logistics, 

to helping to put together 

the association’s gatherings, most 

of her days are packed. And she 

wouldn’t have it any other way. 

“This job has satisfied my 

need to help. I enjoy it,” she says, 

brushing back a lock of age-defy- 

now that I only dreamed about 

and that I am grateful for.” 

Hubona’s concept has now 

enveloped a sort of “Designing 

Women” cast of practitioners, 

each contributing her own personality 

and specialty to the practice. 

Sonya Naulta, certified clinical 

hypnotherapist and clinical 

social worker, uses hypnotherapy 

as an ancillary service to traditional 

psychotherapy. 

“Hypnosis is a way to help 

somebody deal with (mental) 

blocks because a lot of time, the 

blocks are unconscious,” says 

Naulta. “We don’t know why we 

do what we do, it just happens. 

The ladies of Psychotherapy Alternatives work to create a holistic environment for their clients. (L to R): Erin 

Looney, Laura S. Hubona, Sonya Naulta, Deborah Poteet-Johnson and Jennifer Chadwick. Not pictured: Leslie 

Weekly 

Indulgence, 

page 7 

ing hair. Paschal’s office has its 

share of piles, but it doesn’t look 

cluttered or disorganized. Behind 

her, large windows allow light to 

fill the room and afford her a view 

of a busy Chattanooga street. 

Paschal she says she’s 

enjoyed the recognition she’s 

received — in 2006, Joe White 

included her as one of the recipients 

of the President’s Award, 

given to people who provide 

immeasurable support to the position 

— but she prefers to stay 

under the radar, lending a hand 

those in charge. 

Once you get to know her, 

this comes as no surprise, as 

Paschal has a history of putting 

others first. 

Born and raised in 

Chattanooga, Paschal says she’s 

“a true hometown girl.” She even 

attended college in Chattanooga, 

starting out at UTC in 1971 as a 

home economics major before 

switching to the College of Man, 

a sociology program that grew out 

of the hippie movement of the 

‘60s. 

When her parents split up, 

Paschal had to quit school due to 

a lack of money. She started 

attending Chattanooga State 

Continued on page 4 

We don’t realize that there’s a 

whole thought process before a 

feeling comes to you.” 

Dr. Deborah “PJ” Poteet- 

Johnson is a pediatrician with specialty 

training in adolescent medicine. 

She is trained to work with 

eating disorders, mood disorders 

and ADHD, and Hubona points 

out her specific ability to see past 

general “psychological symptoms” 

and view things from a more 

“whole body” perspective. 

“If someone has an underlying 

physical problem, it can look 

like a mood disorder,” explains 

Hubona. “She can tap into some 

of that, whereas psychiatrists are 

strictly focused on the brain 

chemistry. That does not make 

her a hardcore psychiatrist, but it 

does give her a unique dimension 

of practice here in town that we’re 

very lucky to tap into.” 

Leslie Chandler, who works 

full-time as the middle school 

counselor at Girls Preparatory 

School, joined the Psychotherapy 

Alternatives group as a counselor 

to men, boys and couples, which 

brings the counseling services 

offered within the facility full 

circle. 

Hubona has also worked 

with interns from Lee University 

for several years, and graduate students 

Erin Looney and Jennifer 

Chadwick have been assisting 

with her caseload, doing everything 

from weekly group sessions 

with adolescent clients to acting 

as “big sisters” through home visits 

with the younger girls. 

“Laura may see them once a 

week and then we’ll see them out 

at their home or at the coffee shop 

or at the mall or eating sushi,” says 

Chandler and Judy Gilliam. (Samara Litvack) Continued on page 9

2 Friday, February 20, 2009 HAMILTON COUNTY HERALD 

Tennessee adds new terms to 2007 judgment against Bayer 

Bayer must submit proposed 

television ads for its oral contraceptive 

“Yaz” to FDA for 

approval and must spend $20 

million to correct misinformation 

from prior television advertisements 

as part of a revised 

agreement with Tennessee and 

27 other states. 

Attorney General Bob 

Cooper filed on behalf of the 

Division of Consumer Affairs a 

stipulated supplemental judgment 

against Bayer Corporation. 

The agreement adds new 

requirements to a 2007 judgment 

concerning its product 

advertising. The 2007 agreement 

concerned problems with alleged 

deceptive advertising of products 

Times are tough and the 

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Sites will help those with 

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including non-disclosure of safety 

risks associated with its marketing 

of a cholesterol-lowering 

drug, Baycol. The judgment 

resolves allegations that Bayer’s 

2008 marketing of the oral contraceptive 

Yaz violated the earlier 

agreement. 

The supplemental settlement 

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future television Yaz advertisements 

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comment prior to dissemination; 

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ring to treatment of medical 

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In an earlier warning letter 

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where Bayer included premenstrual 

syndrome (PMS) as a condition 

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The FDA has not approved Yaz 

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“We believe the joint efforts 

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could qualify for up to 

$4,824. 

(NEW) Deduct your real 

Cooper said. 

Tom Abrams, director of 

the FDA’s Division of Drug 

Marketing, Advertising and 

Communications, added, “This 

is a great example of collaboration 

between the FDA and state 

attorneys general. By working 

together, we can achieve excellent 

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efforts to clean up misleading 

advertising in the marketplace. 

This significantly benefits the 

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information relating to their 

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also must conduct a $20 million 

corrective advertising program 

to remedy misinformation from 

the misleading YAZ advertisements. 

Consumers wanting more 

information on this case should 

to http://state.tn.us/attorneygeneral/cases/bayer/bayer.htm. 

Additionally, consumers are 

encouraged to report other 

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8385 or going online to 

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General ❖ 

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Source: IRS ❖ 

Ruling by U. S. Supreme Court may extend beyond ‘good faith’ cases 

by Todd C. Berg, Esq. 

The Daily Record Newswire 

A new U.S. Supreme Court 

exclusionary rule analysis may make 

it more difficult for criminal defendants 

to suppress evidence that was 

unconstitutionally seized by the 

police. 

And, even though the court’s 

announcement came in a ruling that 

reads like a “good-faith exception” 

opinion, criminal-law specialists say 

the revamped analysis may apply to 

more than just good-faith exception 

cases. 

In Herring v. U.S., the Supreme 

Court refused to apply the exclusionary 

rule to suppress drugs and a gun 

seized from Bennie Dean Herring 

after a police record-keeping error 

caused the Coffee County, Ala., 

Sheriff’s Department to arrest and 

search Herring based on a warrant 

that had been recalled five months 

earlier. 

Writing in January for a five-justice 

majority, Chief Justice John G. 

Roberts Jr. said application of the 

exclusionary rule was unwarranted 

because the police’s violation of 

Herring’s Fourth Amendment rights 

to be free from unreasonable searches 

and seizures was merely “the result of 

isolated negligence attenuated from 

the arrest.” 

To trigger the exclusionary rule, 

Roberts wrote, the police misconduct 

must be deliberate, reckless, grossly 

negligent or the result of “recurring or 

systemic negligence.” 

None of those descriptions 

applied to the police misconduct in 

Herring’s case, Roberts said. 

When “police mistakes are the 

result of negligence such as that 

described here, rather than systemic 

error or reckless disregard of constitutional 

requirements,” he said, the 

police’s violation of a defendant’s 

constitutional rights is “not so objectively 

culpable as to require exclusion.” 

Before Herring, the Supreme 

Court had not ruled out application 

of the exclusionary rule as a sanction 

for police negligence; nor had the 

court required deliberate, reckless, or 

grossly negligent police misconduct 

or “recurring or systemic negligence” 

as a prerequisite to evidence suppression. 

Instead, objective reasonableness 

was the standard. In a line of 

cases that started with a 1984 decision, 

U.S. v. Leon, the Supreme 

Court recognized a good-faith exception 

to the exclusionary rule for constitutional 

violations that resulted 

from the police’s “objectively reasonable 

reliance” on warrants and 

statutes that later turned out to be 

invalid. The court reasoned that, if 

the police had acted “objectively reasonably,” 

then there was no misconduct 

for evidence suppression to 

deter. 

Roberts didn’t refer to Herring 

as a good-faith exception case, but he 

did rely on the good-faith exception 

line of cases in reaching his conclusion. 

He also said the purpose of the 

“judicially created” exclusionary rule 

was to deter the police from committing 

future Fourth Amendment violations. 

The rule’s deterrent effect is 

usually accomplished, Roberts said, 

by suppressing evidence the police 

seized unconstitutionally. 

Justices Antonin Scalia, 

Anthony M. Kennedy, Clarence 

Thomas and Samuel A. Alito Jr. 

joined Roberts’ majority opinion. 

Justices John Paul Stevens, David 

Souter and Stephen Breyer joined 

Justice Ruth Bader Ginsburg’s dissent. 

Assistant Wayne County 

Prosecutor Timothy A. Baughman, 

who persuaded the Michigan 

Supreme Court to adopt the “goodfaith 

exception” to the exclusionary 

rule in People v. Goldston in 2005, 

SSubscribe u b s c r i b e 

ttoday o d a y ! !!! ! ! 

said the Herring opinion appears to 

give prosecutors an effective weapon 

for defeating a defendant’s bid to 

apply the exclusionary rule. 

There “are certainly many situations 

where the police may make a 

‘reasonable’ error, [but it] could not be 

characterized as deliberate, grossly 

negligent or the result of systemic 

negligence,” he said. 

Professor David A. Moran, who 

is one of the co-founders of the 

University of Michigan Law School’s 

Innocence Clinic and who has 

argued and won before the U.S. 

Supreme Court, said Herring could 

make life easier for prosecutors. 

And, consequently, he said, the 

ruling could also make it more difficult 

for criminal defendants who are 

trying to use the exclusionary rule to 

suppress unconstitutionally obtained 

evidence. 

• • • $15 for one year • • • 

“A lot of police mistakes are the 

result of negligence,” Moran said, 

which means that, under Herring, 

they wouldn’t trigger the exclusionary 

rule. 

Conversely, he said, the “number 

of cases in which a deliberate violation 

of constitutional rights can be 

proved is pretty small.” 

Moran said the Supreme 

Court’s conclusion that police negligence 

is insufficient to trigger the 

exclusionary rule shows the court’s 

“determined effort to very significantly 

weaken the exclusionary rule.” 

The majority is laying the 

groundwork for “future expansion of 

non-exclusion under the exclusionary 

rule,” he said. 

Although Herring was decided 

in the context of a police record- 

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Continued on page 3

HAMILTON COUNTY HERALD Friday, February 20, 2009 3 

under 

analysis 

By the Levison Group 

The economy’s crumbling 

All is askew 

Reality’s rumbling 

It all seems so new. 

The world as we knew it 

Spirals, careens 

We search for the secret 

To know what it means. 

The law of the land 

Is the place we must turn 

But with new-fangled vision 

And a desire to learn. 

For judges, and lawyers, 

And baliffs and jurors 

Pale when considered 

Mitch Margo 

Mark Levison 

Charles Kramer 

S.E. Farris 

The view from the sidelines, 

February 14, 2009 

by Chales S. Kramer 

Along side the new furor. 

And the law we must seek 

Is not found with those 

players 

But back at the root 

Of our basic layer. 

For law is to structure 

As listening’s to touch 

And caring, and thinking 

And sharing and such. 

The basic salvation 

And the key from the start 

Is that the law of the land 

Is the love of the heart!! 

We must find inner strength 

In the once simpler things 

Ride out this tide 

That the black monster 

brings. 

By turning to loved ones 

To spouses and kin 

And honoring the law 

From which all begins. 

Love one another 

Above all don’t harm 

Do unto others 

Listen to Mom. 

Embrace the holiday 

Of Hallmark design 

Express your deep feelings 

Be thoughtful and kind. 

For there is no better 

Decade to find 

In which to be loving 

To your Valentine. 

The economy’s crumbling 

All is askew 

Reality’s rumbling 

It all seems so new. 

But you can look to the sky 

And take a moment or two 

To trust in the law 

Of the Love that is true. ❖ 

Ruling Continued from page 2 

keeping error, appellate criminal 

defense lawyer F. Martin Tieber of 

East Lansing said the opinion’s broad, 

general language could be relevant 

any time the exclusionary rule’s application 

is at issue. 

He said that was bad news for 

criminal defendants because the 

exclusionary rule is the most effective 

way to “deter police misconduct and 

negligence,” yet Herring appears to 

restrict the rule’s application. 

Baughman agreed with Tieber’s 

prediction, but said he welcomed it. 

If the exclusionary rule is limited 

in all contexts — not just those 

cases “where the so-called ‘goodfaith’ 

exception now applies” — to 

the police misconduct described in 

Herring, “this would be a significant 

and, in my view, a most logical and 

salutary change,” Baughman said. 

Excluding evidence of guilt 

must be worth the cost 

In Herring v. U.S., the U.S. 

Supreme Court held that police negligence 

wasn’t sufficiently culpable 

misconduct to justify applying the 

exclusionary rule to suppress drug and 

gun evidence unconstitutionally 

seized from Bennie Dean Herring. 

On July 7, 2004, Investigator 

Mark Anderson of the Coffee 

County, Ala., Sheriff’s Department 

arrested Herring because he thought 

- mistakenly, as it turned out - there 

was an outstanding warrant in Dale 

County, Ala., for Herring’s arrest. 

During a subsequent search of 

Herring and his vehicle, Anderson 

found methamphetamine and a pistol. 

Herring was a felon and prohibited 

by law from possessing a gun. 

Within minutes of the arrest, 

however, Anderson learned the Dale 

County warrant he had relied on to 

arrest Herring had been recalled five 

months earlier, but the Dale County 

warrant clerk’s computer records had 

not been adjusted to reflect that fact. 

This came to light when a copy of 

the Dale County warrant was 

requested, but could not be produced. 

After being indicted, Herring 

moved to suppress the drugs and gun 

evidence on the grounds the police 

had no lawful basis to arrest and 

search him. 

The U.S. District Court for the 

Middle District of Alabama denied 

the motion, concluding Anderson 

believed in “good faith” there was a 

valid warrant for Herring’s arrest. 

The 11th U.S. Circuit Court of 

Appeals affirmed and so did the 

Supreme Court. 

That a constitutional violation 

occurred — which all parties 

assumed was the case — “does not 

necessarily mean that the exclusionary 

rule applies,” said Chief Justice 

John G. Roberts Jr., who wrote for a 

five-justice majority that included 

himself and Justices Antonin Scalia, 

Anthony M. Kennedy, Clarence 

Thomas and Samuel A. Alito Jr. 

“To trigger the exclusionary 

rule, police conduct must be sufficiently 

deliberate that exclusion can 

meaningfully deter it,” Roberts said, 

“and, sufficiently culpable that such 

deterrence is worth the price paid by 

the justice system,” i.e., “‘letting 

guilty and possibly dangerous defendants 

go free ...’” 

The police misconduct in this 

case, however, didn’t “rise to that 

level,” the chief justice said. 

“An error that arises from non 

recurring and attenuated negligence,” 

as was the case in Herring, is 

not the type of police misconduct the 

exclusionary rule was designed to 

stamp out, Roberts said. 

Justice Ruth Bader Ginsburg 

disagreed. 

The majority’s statement “runs 

counter to a foundational premise of 

tort law — that liability for negligence, 

i.e., lack of due care, creates an 

incentive to act with greater care,” 

she said in her dissenting opinion, 

which was joined by Justices John 

Paul Stevens, David Souter and 

Stephen Breyer. 

Roberts responded that he didn’t 

quarrel with Ginsburg’s claim, nor 

was he suggesting in his majority 

opinion that exclusion of Herring’s 

drug and gun evidence “could have 

no deterrent effect” on the police. 

Instead, Roberts wrote, 

Supreme Court jurisprudence 

requires that the likely deterrent 

effect be weighed against the social 

costs of suppressing evidence of a 

defendant’s guilt. 

“[A]nd here,” Roberts said, 

“exclusion is not worth the cost.” ❖ 

HCH 

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Modern-day homemakers have 

no need for electric range 

“Trends around this country 

continue to indicate that we 

Americans are buying more expen- 

Read 

sive convenience food items for 

preparation at home, as well as more 

food away from home.” 

after her mother arranged for her 

to receive financial aid, but 

before long, Paschal realized she 

was taking classes without any 

sense of direction, so she postponed 

her education again and 

took a job as a receptionist. 

By 1974, Paschal was back at 

Chattanooga State, working in 

the library. There, she got an 

inkling of what it would be like to 

do something she loved. 

“Growing up in East Ridge, 

we’d take the city bus into town 

and would always stop at the 

library. I love to read. Looking 

back, if I’d thought about it and 

had the money, I would’ve gotten 

a library degree,” she says. 

Instead, Pascal got married 

in 1975, and by the early eighties. 

Read All About It ... 

By Pettus L. Read 

Tennessee Farm Bureau 

An economist made that comment 

recently during a special session 

on nutrition at a Farm Bureau convention 

a while back. I hadn’t really 

thought that much about it until 

recently when I was standing in line 

at a local grocery store behind a 

young father with two small children. 

Of course, having been a father 

shopper myself several years ago and 

understanding what it is like to have 

two small children in tow as you 

cover the grocery store aisles, my 

observation would hold no scientific 

substance, but from the items I witnessed 

in his cart, this modern-day 

family has never turned on the oven 

in their electric range. The items 

they were going to consume in a 

future meal could only work in a 

microwave. 

As I stood there with tomatoes, 

fresh baking potatoes, flatiron steaks 

and all the trimmings, one of the 

children in front of me pointed to my 

sack of baking potatoes and said, 

“What is that?” 

found herself taking care of their 

two children full time. The 

desire to be useful in other capacities 

got the better of her, though, 

and she became heavily involved 

in PTA. 

News about a paralegal 

degree program in California 

sparked Paschal’s interest, but she 

didn’t think classes would ever be 

offered in Tennessee. Then one 

night she saw a television commercial 

for a paralegal program at 

Chattanooga State. The next 

day, she ordered the school’s 

catalog. 

Because Paschal’s children 

were still young, she was unsure 

about attending school. Then 

she got called for jury duty. “It 

seemed like a calling, so I started 

I answered the child and said, 

“They are potatoes for my supper.” 

I’m sure this was a “dinner” and not a 

“supper” family like me, but the child 

still was amazed with the round and 

brown tubers I had laying on the grocery 

counter to be checked out. 

The little guy reached his hands 

in his father’s stack of purchases and 

pulled out a frozen bag of french fries 

and held them up to me and 

remarked while shaking his head, 

“No they’re not! These are potatoes. 

My mommy cooks these for us all the 

time.” 

After the child’s conversation 

and what I saw in their shopping cart, 

it caused me to think about how we 

all have started depending on convenience 

foods and more often than 

not stop for a meal at an area restaurant. 

And, as we do so we complain 

about how food is costing us more 

and our society has to increase the 

size of seats at major sporting events 

due to the way we broaden our horizons. 

As the economy continues to 

have its problems as well, public 

health experts are concerned that 

today’s tough economic times could 

lead consumers, many of whom are 

already overweight, to cut costs by 

buying less-nutritious foods that lack 

important vitamins, minerals, fiber 

taking one class at a time during 

the day, when my kids were in 

school,” she says. It took Paschal 

almost six years to complete the 

two-year program. 

Paschal’s longest gig as a 

legal secretary was a little over 

three years in the late nineties at 

what is now Johnson, Mulroony 

& Coleman. “Because of my age 

and lack of experience, people 

were reluctant to hire me, but 

someone gave me a chance,” she 

says. 

While Paschal enjoyed what 

she was doing, a personal issue 

compelled her to switch jobs 

when a friend told her about an 

opening for an administrative 

assistant at the bar. 

“Lynda interviewed me and 

and other nutrients. Becoming aware 

of the right things to eat and at a reasonable 

cost is something we all must 

undertake. The Tennessee Farm 

Bureau Women’s committees across 

our state are attempting to do something 

new for their annual Food 

Check-Out Week, which is February 

15-21. Food Check-Out Week is a 

time when Farm Bureaus at the 

county, state and national level celebrate 

the abundance and safety of 

food. It began back in 1998 and was 

an effort to establish a day for food 

similar to “Tax Freedom Day” and 

would also honor the contributions 

of farmers who supply our food. This 

year, in recognition of current economic 

conditions, the focus is 

“Stretching Your Food Dollar with 

Healthy, Nutritious Food.” 

Many county Farm Bureaus will 

hold events throughout the week 

and promote the subjects of stretching 

your food dollars. They will be 

passing out literature at their local 

stores that will help consumers find 

solutions to eating healthy on a 

stretched budget. They will also 

explain to area shoppers how 

America’s farmers and ranchers are 

committed to producing safe, abundant 

and healthy food. 

They are also making charitable 

offered me the job. I wanted to 

be in a support position, so I said 

yes. All this happened over the 

course of a few days,” says 

Paschal. 

And now she can’t imagine 

doing anything else. “I have no 

intention of leaving. They’re 

going to have to dynamite me 

out.” 

Not that Hood would let 

that happen. During her eight 

years at the bar, Paschal has 

become the rare exception to the 

rule about no employee being 

indispensable. And yet she 

believes her contributions go 

unseen, suggesting she doesn’t 

fully understand her tremendous 

value. “The things I do are like 

pieces of straw in a haystack. You 

donations to local charities during 

Food Check-Out Week, recognizing 

the need everyone has to find solutions 

to feeding families healthy 

foods on a tight budget. This year, 

Farm Bureau Women’s committee 

members around the state will be 

joining together in presenting a significant 

monetary donation to the 

local Ronald McDonald Houses in 

Nashville, Memphis, Chattanooga, 

Knoxville and Johnson City. The 

houses provide a “home-away-fromhome” 

for the families of seriously ill 

children being treated at nearby hospitals. 

Donations provide families 

staying at the houses with needed staple 

foods, so they are able to focus 

their attention on taking care of their 

children. 

It is time we all start stretching 

our food dollar with healthy, nutritious 

food and take a close look at 

what we all are putting in our shopping 

carts. Food in Tennessee is still 

very affordable if we shop wisely. 

Thanks to Tennessee’s farmers, our 

food supply is safe, as well as very 

affordable. 

Pettus L. Read is Director of 

Communications for the Tennessee 

Farm Bureau Federation. He may be 

contacted by e-mail at pread@t 

fbf.com ❖ 

Paschal Continued from page 1 

Case Digests 

TENNESSEE COURT OF APPEALS SYLLABUS 

Banc of America Investment 

Services, Inc. vs. Christina Tucker 

Davis, as Executrix of the Estate of 

Stephen G. Tucker, deceased, and 

Dorothy Tucker Waters, and 

Teresa Cureton 

Hamilton County - In this 

interpleader action, plaintiff held 

an IRA account established by 

decedent. When decedent died 

dispute arose between his companion 

and his blood relatives, 

because he had designated his 

companion as the sole beneficiary 

of his IRA account, but in his 

Will he gave the IRA account to 

his relatives. The contending 

parties raised this dispute in their 

pleadings and after an evidentiary 

hearing, the Trial Court 

ruled that the designee on the 

IRA account was entitled to the 

proceeds because the relatives 

did not carry the burden of proof 

to establish undue influence was 

exercised on the decedent when 

he established the IRA account. 

We affirm the Judgment of the 

Trial Court and remand with the 

cost of the cause taxed to appellants. 

Lynda Grisham v. Steven G. 

McLaughlin, M.D. and Premier 

Orthopaedic & Sports Medicine, 

PLC 

Davidson County - Patient 

sued orthopedic surgeon and his 

medical practice for medical malpractice. 

The trial court found 

that the patient’s expert witness 

did not satisfy the locality rule, 

Tenn. Code Ann. § 29-26- 

115(a). The expert’s testimony 

was, therefore, ordered stricken 

and summary judgment was 

granted. The patient appealed 

these two decisions. We affirm. 

Mattie Piana, et al. v. Old 

Town of Jackson, et al. 

Madison County - This is an 

wrongful death action arising 

under a theory of premises liability. 

Plaintiff’s husband died as a 

result of injuries he sustained 

after tripping over a piece of concrete 

embedded in a dirt path. 

Plaintiff alleged that two of the 

defendants, who were under a 

separate maintenance contract 

with the owner of the property, 

failed to exercise the required 

due care in the maintance, 

inspection, and repairs of the 

path. The trial court granted 

directed verdicts for both defendants 

after finding that neither 

owed a duty to Plaintiff’s husband. 

We agree that defendant 

Brooks Shaw did not have a duty 

to maintain the path. However, 

we have determined that defendant 

Town and Country did owe 

a duty to Plaintiff’s husband. 

Viewing the evidence in the 

light most favorable to the plaintiff, 

we find that there are genuine 

issues of material fact for the 

jury to decide. We therefore 

reverse and remand for further 

proceedings. 

Holly Thrasher v. Riverbend 

Stables, LLC, et al 

Davidson County - Plaintiff 

appeals the summary dismissal of 

her complaint arising out of the 

death of her Tennessee Walking 

Horse while the horse was being 

trained at Riverbend Stables, 

LLC. Plaintiff filed suit claiming 

the horse died as a result of the 

defendants’ negligence and gross 

negligence. The trial court dismissed 

the complaint upon a 

finding that the claims of negligence 

were barred by the exculpatory 

provisions in the parties’ 

written agreement and Plaintiff 

had failed to make out a prima 

facie claim of gross negligence. 

Finding the exculpatory agreement 

between Plaintiff and 

Riverbend Stables enforceable, 

we affirm the trial court’s determination 

that Plaintiff’s claim of 

ordinary negligence is barred by 

the parties’ agreement. As for 

Plaintiff’s claim of gross negligence, 

we have concluded 

Riverbend Stables failed to 

negate an essential element of 

that claim and failed to establish 

that Plaintiff cannot prove an 

essential element of that claim at 

trial, as is required under the 

summary judgment analysis stated 

in Martin v. Norfolk S. Ry. 

Co., 271 S.W.3d 76 (Tenn. 2008) 

and Hannan v. Alltel Publ’g Co., 

270 S.W.3d 1 (Tenn. 2008); 

therefore, Riverbend Stables is 

not entitled to summary judgment. 

Melissa Michelle Cox v. M. 

A. Primary and Urgent Care 

Clinic and Austin Adams 

Rutherford County - 

Plaintiff in medical malpractice 

action appeals the trial court’s 

grant of summary judgment in 

favor of defendant doctor and 

clinic. The trial court found that 

the deposition testimony of 

Plaintiff’s expert witness failed to 

establish genuine issues of material 

fact with respect to the 

requirements of Tenn. Code 

Ann. § 29-26-115(a). Finding 

error, we reverse and remand the 

case for further proceedings. 

might not see the individual bits, 

but you see the whole,” she says. 

Steelman proved Paschal 

wrong by turning the spotlight on 

her. Like Hood and others, he 

sees what would be missing if 

Paschal wasn’t where she is, 

doing what she does. She has 

embraced the role of helper 

throughout her life, and like a 

lawyer that rarely loses a case, 

she’s become a master of her 

trade. While the dynamics of 

why some people become leaders 

and others end up laboring 

behind the scenes are complex, 

no pillar can stand tall without a 

strong foundation and no bird 

can soar high without air beneath 

its wings. ❖ 

Michael Shropshire and wife 

Rebecca Shropshire v. Betty Roach 

Robertson County - A home 

seller appeals a jury verdict finding 

that she intentionally misrepresented 

water conditions in 

the basement in connection with 

the sale of her home. According 

to the seller, the jury verdict was 

against the weight of the evidence 

and the trial court erroneously 

allowed opinion testimony 

from the contractor who 

repaired the water damage. We 

affirm, finding that material evidence 

supports that the jury verdict 

and that the trial court did 

not err in allowing the testimony. 

Mark Holliman, et al. v. 

Frank McGrew, M.D., et al. 

Shelby County - This is a 

wrongful death action brought 

under a theory of medical malpractice. 

The trial court granted 

Defendants’ motion for summary 

judgment, finding that Plaintiffs 

filed their complaint after the 

one-year statute of limitations 

had expired. After careful review, 

we find that Plaintiffs had notice 

of their claim no later than 

February 27, 2003, and their lawsuit 

was not timely filed. The ruling 

of the trial court is 

affirmed. ❖


FROM THE FBI 

When you hear the words 

“organized crime,” the first thing 

that comes to mind is probably 

the Mafia and its five major 

crime families in New York City. 

But have you ever heard of 

the notorious Thief-in-Law 

Vyacheslav Ivankov, the 

Solnstsevo organization, the 

Young Joon Yang gang, or the 

Black Dragons? 

They’re involved in organized 

crime, too. Individuals associated 

with foreign-based criminal 

groups are targeting the U.S. 

as we speak, and they are a major 

focus of American law enforcement 

and a top priority of the 

FBI’s organized crime busting 

efforts. 

These groups have much in 

common with their Mafia 

brethren, beginning with their 

hunger for power and profit. 

But what sets them apart is 

their reach. While traditional 

Verdicts and Settlements 


Millwright injures knee investigating 

pulverizer 

BOSTON —The plaintiff, 

37, was working as a journeyman 

millwright at a power plant. The 

defendant was the owner of the 

power-plant work site. The 

plaintiff’s employer was retained 

by the defendants on a timeand-materials 

basis in order to 

investigate the cause of a fire in 

HCH 


633 Chestnut Street 

Suite 600 

Chattanooga, TN 37450 

mobsters mostly operate domestically, 

Eurasian and Asian crime 

groups are transnational. Some 

report to an established leadership 

hierarchy in their native 

lands while others have fuzzier 

connections, but all require that 

we work closely with our law 

enforcement partners in these 

regions of the world. 

Eurasian criminal groups 

hail from dozens of countries 

spanning the Baltics, the 

Balkans, Central/Eastern 

Europe, Russia, the Caucacus 

and Central Asia. Although ethnically-based, 

they work with 

other ethnic groups when perpetrating 

crimes. Asian organized 

crime includes traditional enterprises 

like the Chinese Triads, 

Chinese Tong and Japanese 

Boryokudan (a.k.a., Yakuza), as 

well as more loosely organized 

groups like the Big Boys Circle, 

the Asian Boyz Group, and 

a pulverizer. 

The plaintiff’s employer was 

also retained to assist in the 

demolition and removal of the 

damaged portions of the pulverizer 

and to help rebuild it. At the 

time of his injuries, the plaintiff 

was working inside the pulverizer 

when he slipped on debris and 

sustained a knee injury. 

The plaintiff alleged that 

the power-plant personnel 

retained the obligation to clean 

and remove debris and failed to 

The Hamilton 

County Herald 

is available 

for $15 a year. 

Call 

800-420-5103 

now! 

Vietnamese and Korean criminal 

enterprises. 

Both groups are involved in 

a range of illegal activities in this 

country, including drug trafficking, 

extortion, murder, kidnapping, 

home invasions, prostitution, 

illegal gambling, loan 

sharking, insurance/credit card 

fraud, stock fraud and the theft 

of high-tech components. 

Chinese groups are also involved 

in human trafficking—bringing 

large numbers of Chinese 

migrants to North America and 

essentially enslaving them here. 

One of U.S. law enforcement’s 

chief concerns: the same criminal 

infrastructure that smuggles 

people into the U.S. could also 

be used to smuggle terrorists. 

Investigative strategies. 

Over the past few decades, U.S. 

law enforcement has had a great 

deal of success against the major 

Mafia families using a full suite 

Case Digests 

VERDICTS AND SETTLEMENTS 

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take appropriate steps to do so. 

The defendant disputed 

that it owed any duty to the 

plaintiff because the work site 

was under the control of the 

plaintiff’s employer. During the 

time that the plaintiff’s employer 

was at the power plant, it 

exercised exclusive control over 

the work site, including the pulverizer, 

and all aspects of work 

performed by its employees, 

including cleaning and maintaining 

a safe work site. 

The defendant argued that 

it was the responsibility of the 

plaintiff’s employer to notify the 

defendant whenever there was 

debris that needed to be cleared. 

Doctors initially diagnosed 

the plaintiff with a tear to the 

right medial meniscus. At the 

time of his second surgery, he 

was diagnosed with abnormal 

softening and degeneration of 

cartilage in the patella, which 

complicated the posterior horn 

medial meniscus. After three 

surgical procedures, the plaintiff 

suffered early arthritis in the 

medial compartment. 

Despite his residual knee 

problems, the plaintiff managed 

to return to his previous occupation. 

The parties ultimately settled 

the case for $550,000. 

Type of action: Negligence 

& tort 

Injuries alleged: Medial 

meniscus tear of right knee 

Tried before judge or jury: 

N/A (settled) 

Amount of settlement: 

$550,000 

Attorneys: Claudine A. 

Cloutier and Kevin P. DeMello, 

Keches & Mallen, Taunton (for 

the plaintiff) 

Jury finds zero fault for carpedestrian 

collision 

ST. LOUIS, Mo. — A 

Johnson County jury refused to 

assess fault to a motorist who 

struck a good Samaritan trying 

to assist at the scene of an earlier 

car accident. 

Each party claimed the 

other was 100 percent at fault for 

the collision, but the jury found 

of investigative methods. Now, 

we’re using the same set of tools 

to combat Eurasian and Asian 

crime groups, including: 

• Intelligence gathering; 

• The enterprise theory of 

investigation, which focuses on 

the entire criminal group rather 

than on isolated members; 

• The Racketeer Influenced 

and Corrupt Organizations, or 

RICO, Act (both the criminal 

and civil provisions of this law 

can help dismantle criminal 

organizations); 

• Cooperation, lots of it, 

with both domestic and global 

law enforcement partners; and 

• Time-tested techniques 

like undercover operations, 

court-authorized electronic surveillance, 

informants and cooperating 

witnesses, and consensual 

monitoring. 

Ivankov’s conviction in 

no fault for either party. 

Steve Dillon, 46, encountered 

a car accident on U.S. 

Highway 65 just outside Sedalia 

shortly before dawn Jan. 23, 

2004. He stopped and exited his 

car, intending to assist by directing 

traffic at the scene. Dillon 

was walking in the road when he 

was struck by a car driven by 

Tiffany Ditzfeld, 18. 

Dillon suffered injuries to 

his back, spine, knee, ankle, foot 

and leg, including a fractured 

tibia with subsequent nonunion. 

He claimed that he lost his job as 

a forklift driver at a manufacturing 

facility and was placed on 

permanent disability because of 

the crash. 

His wife, Lori, also made a 

claim for loss of consortium. But 

she later withdrew the claim 

because the couple separated 

after the accident, said plaintiff’s 

attorney Robert W. Russell, of 

Kempton & Russell in Sedalia. 

Ditzfeld contended that 

Dillon stepped out from behind 

a vehicle and was wearing dark 

clothing. Despite driving slowly, 

she argued, she was unable to 

avoid hitting Dillon. 

Dillon contended that he 

was a good Samaritan attempting 

to help the victims in the 

earlier accident. He argued that 

Ditzfeld should have either 

stopped her vehicle before 

approaching the accident scene 

or noticed Dillon in time to stop 

before impact. 

At the end of the three-day 

trial, plaintiffs asked the jury to 

award nearly $970,000 in damages. 

The jury deliberated about 

two hours before returning its 

verdict of 10 jurors favoring zero 

fault on any party and two jurors 

holding out for assessment of 

fault. 

Early in the case, plaintiffs 

had demanded defendant’s 

$100,000 policy limits. That 

offer expired. 

“Months before the trial, 

Ditzfeld made an offer of judgment 

of $100,000 plus taxable 

court costs,” said defense 

New York in 1996 represented 

the FBI’s first major victory 

against the new wave of Eurasian 

organized crime entering 

America. Subsequent successes 

included Operation “Trojan 

Horses,” which dismantled a 

violent New York City Albanian 

criminal enterprise that had 

taken traditional racketeering 

activity away from the established 

La Cosa Nostra crime 

families. 

And undercover investigations 

in Newark and Los 

Angeles uncovered an Asian 

criminal organization that was 

smuggling, or attempting to 

smuggle, nearly every form of 

contraband imaginable—counterfeit 

currency, cigarettes, illegal 

drugs, pharmaceuticals, and 

weapons—into the U.S. 

(Reprinted with permission 

www.fbi.gov) ❖ 

attorney Elizabeth H. Weber, of 

Rogers, Ehrhardt & Weber in 

Columbia. 

Weber said plaintiffs rejected 

the offer, contending that the 

insurance company, Allied, had 

acted in bad faith, and the policy 

limits were no longer applicable. 

At the time of trial, Russell 

said, “the medical bills, ERISA 

lien and future medical bills 

exceeded the insurance coverage.” 

He said the court reduced 

defendant’s costs because of 

plaintiff’s disability. 

Type of Action: 

Automobile/pedestrian accident 

Court: Johnson County 

Circuit Court 

Case Number: 

17V040500181 

Judge: Garrett Crouch II 

Verdict or Settlement: 

Defense verdict 

Plaintiffs’ Experts: Dr. 

Jeffrey Anglen, Indianapolis 

(treating surgeon); Dr. Douglas 

Kiburz, Sedalia (treating physician); 

Kurt Kruger, Kansas City 

(economist); Stan Oglesby, 

Concordia (accident reconstruction); 

Wilbur Swearingen, 

Springfield (vocational rehabilitation) 

Defendant’s Expert: Robert 

“Steve” McKenzie, Olathe, Kan. 

(accident reconstruction) 

Special Damages: $91,275 

past medical expenses; $66,000 

past lost wages; $800,000 future 

medical expenses and lost wages 

Allocation of Fault: 0 percent 

to defendant; 0 percent to 

plaintiff 

Last Pretrial Demand: 

Unspecified offer exceeding $1 

million 

Last Pretrial Offer: 

$100,000 

Insurance Carrier: Allied 

Property and Casualty 

Plaintiffs’ Attorney: Robert 

W. Russell, Kempton & Russell, 

Sedalia 

Defendant’s Attorneys: 

Glen R. Ehrhardt and Elizabeth 

H. Weber, Rogers, Ehrhardt & 

Weber, Columbia ❖


You may have read Kay Bona’s 

tribute last week to her grandmother 

Orena Bouldon, who passed away 

earlier this month at the age of 105. 

At her funeral, the minister said that 

she had lived longer than the airplane, 

and almost as long as the automobile. 

It got me to thinking about 

some of the other events during her 

lifetime, which began in 1903, the 

same year that saw the arrival of Bing 

Crosby, Bob Hope, Lou Gehrig, John 

Dillinger, Claudette Colbert and Dr. 

Spock. Orena survived them all. 

Notable deaths that year were 

Calamity Jane and Judge Roy Bean. 

As mentioned, when she was 

just 18 days old, Orville Wright flew 

an aircraft with a petrol engine at 

Kitty Hawk, N.C., in the first successful 

air flight. 

When she was 1, the first New 

Year’s Eve celebration was held in 

Times Square, while a German 

physicist named Einstein was working 

on a special theory of relativity; 

and the first forward pass was thrown 

Across 

1 Lending institution 

5 Sci. class 

9 Mailroom stamp 

14 Manual reader, perhaps 

15 Bicarbonate of ___ 

16 Run away 

17 Start of a remark to an accident 

investigator 

19 “The Cider House Rules” 

director Hallstrom 

20 Mongol title 

21 Part 2 of the remark 

23 Lorena of the LPGA 

26 Compares 


32 Apparatus 

33 Nixon whose voice replaced 

Natalie Wood’s in “West Side 

Story” 

34 Legislate 

38 From the start 

40 English dramatist George 

42 Seal in the juices 

43 Neither liquid nor gas 

45 Insomniac’s need 

47 Pre-M.A. program hurdle 


51 Artist’s goof 

54 Flushed, as in the cheeks 


57 ___ Tzu (toy dog) 

59 Hydrolysis product 

60 End of the remark 

65 High-tech gofer 

66 “Today” co-host Lauer 

67 Locks 

68 A Corleone son 

69 Tom Jones’s “___ a Lady” 

70 Has a right to 

Down 

1 Otherwise 

2 Grey shade 

3 Harriet Stowe, ___ Beecher 

4 Capital of Poland until 1609 

5 “The Thin Man” dog 

6 Person, place or thing, in grammar 

7 Palindromic Sooner city 

8 Absorbent powder 

9 Actor Dom 

Are we there yet? 

All in a lifetime 

By Jay Edwards 

in professional football. 

Also that year, Huck Finn and 

Tom Sawyer were banned from the 

Brooklyn Public Library, for setting a 

“bad example.” 

When Orena was 2, Mount 

Vesuvius erupted, devastating 

Naples, as another natural disaster 

was destroying much of San 

Francisco. The 7.8 earthquake on the 

San Andreas Fault killed at least 

3,000 people. 

When she was three, 

Oklahoma became the 46th state. 

At age 4, William C. Durant 

founded a new company, which 

eventually became General Motors; 

and Henry Ford produced his first 

Model T. 

The Chicago Cubs won the 

World Series, which hasn’t happened 

since. 

The same year, western bandits 

Butch Cassidy and The Sundance 

Kid were, supposedly, killed in 

Bolivia, after being surrounded by a 

large group of soldiers. 

At age 5, the U.S. Navy found- 

I Swear Crossword 

How it Happened by Victor Fleming 

1 2 3 4 5 6 7 8 9 10 11 12 13 

14 15 16 

17 18 19 

20 21 22 

23 24 25 26 

27 28 29 30 31 

32 33 34 35 36 37 

38 39 40 41 42 

43 44 45 46 47 

48 49 50 

51 52 53 54 

55 56 57 58 

59 60 61 62 63 64 

65 66 67 

68 69 70 

10 Palin’s people 

11 “We’re off ___ the Wizard ...” 

12 Hewlett-Packard competitor 

13 Coral Sea hazards 

18 What Lotharios exude 

22 Montgomery’s st. 

23 Others, in Oaxaca 

24 Durable cloth 

25 “The Philosophy of Right” 

author 

28 “The Gold Bug” author’s inits. 

29 Peak 

30 Sound at sundown 

31 First name and middle initial 

of Coyote 

35 Umbrella 

36 Chili go-with 

37 Tire surface 

39 “___ Flower” (countrymusic 

classic) 

41 Mind reading, briefly? 

44 Investigate 

46 When the Book of Esther is 

read 

49 Asian new year 

Victor Fleming’s puzzles have appeared in many publications, 

including the New York Times and Games Magazine. 

Diversions 

ed a navy base in Pearl Harbor, 

Hawaii. 

When she was eight, the world’s 

largest passenger liner, the RMS 

Titanic, struck an iceberg in the 

northern Atlantic Ocean. Less than 

three hours later she sunk, taking 

with her the lives of more than 1,500. 

When Orena was 9, the zipper 

was invented. 

At age 10, the minimum wage 

was $5 a day. Charles Chaplin made 

his film debut; and “Martha,” 

thought to be the world’s last passenger 

pigeon, died in Cincinnati. 

And in Sarajevo, Serb nationalist 

Gavrilo Princip assassinated 

Austrian Archduke Franz Ferdinand 

of Austria and his wife Sophie, in the 

event that triggered World War I. 

Back in Boston, Joseph Patrick 

Kennedy Sr. was marrying Rose 

Fitzgerald. 

When she was 11, Red Sox hitter 

Babe Ruth hit his first career 

home run, off Yankee’s pitcher Jack 

Warhop. 

At 12, the last Emperor of 

China, Yuan Shikai, abdicated the 

throne; and William J. Newton and 

Morris Goldberg invented the light 

switch. 

When Orena turned 13, her 

country declared war on Germany; 

and three peasant children near 

Fátima, Portugal, claimed to see the 

Virgin Mary above an oak tree. 

And in Paris, Dutch dancer 

50 Rum drinker’s refrain 

51 Wrap around one’s neck 

52 Country estate 

53 Infielder Juan of the White 

Sox 

56 Amateur radio station operators 

57 Construction zone 

58 5’10” and 6’3” (abbr.) 

61 Scrooge’s shout 

62 Grp. for some machinists 

63 Pewter component 

64 Mins. and mins. 

Last week’s solution 

S L I P A L S O A B A S H 

T I N A P I E R V I L L A 

U T E S E V E R Y A G E I S 

R H E T T E D I E H E M P 

M O D E R N N A S A 

A L A I N A H E I G H T 

D O H C R A S S V R O O M 

E V A T O T H O S E F L A 

B E N J I L E A N N L E N 

I N D O O R S P O T T Y 

I N A T W H O A R E 

A L E N N A G S S I K E S 

L I V I N G I N I T L I F T 

I R E N E N A L A E T R E 

T A N G O T T O P D E Y S 

Mata Hari was executed by firing 

squad, for being a German spy. 

At 14, The U.S. Congress 

established time zones, and the first 

Daylight Savings Time went into 

effect. 

The small town of Codell, Kan., 

was hit by a tornado, for the third 

straight year, and on the third same 

day, May 20. 

When she was 16, Adolph 

Hitler made his first public political 

speech. 

When Orena was 17, 16-yearold 

Margaret Gorman won the 

Atlantic City Pageant’s Golden 

Mermaid trophy; pageant officials 

later dubbed her the first Miss 

America. 

At 18, Christian K. Nelson 

patented the Eskimo Pie; while in 

the Bronx, construction began on 

Yankee Stadium. 

Not far away, in Washington, 

D.C., the Lincoln Memorial was dedicated. 

Just before her 25th birthday, a 

mouse named Mickey appeared in 

Steamboat Willie - the first film with 

sound. 

The month before her 26th 

birthday, there was a loud crash on 

Wall Street. Three days of multi-digit 

percentage drops wiped out more 

In 1985, I received notice that 

my name had come up on the “jury 

wheel.” (I’ve never known why it, 

whatever it is, was called that.) I was 

at the time seven years into the private 

practice of law. 

There was at the time a statute 

by which lawyers could exempt 

themselves from jury duty. I passed 

on that opportunity, rationalizing 

that this would be the educational 

experience of a lifetime. 

Two weeks after orientation I 

was “called to the rail.” After voir dire 

and peremptory strikes, I found 

myself sitting as juror no. 10 in a case 

that was being billed as a sensational 

punitive damages action. 

Almost a quarter century has 

passed since this memorable event. I 

wrote about it years ago and, at that 

time, opted not to name names. But 

today I’m disclosing all. 

R. David Lewis and Mark 

Riable represented the plaintiff. 

Wendell Griffin and Jim Kubicek 

represented the defendant. As my 

name was called, I resisted the temptation 

to look at any of these colleagues 

of mine, but I’d love to have 

seen the looks on their faces. To this 

day, I believe that each side assumed 

the other would strike me from the 

panel. This, notwithstanding that 

they all have told me otherwise; 

agreeing that they all felt I would be 

the perfect juror for that case. 

The facts were pretty simple. 

Plaintiff had bought a used car. It had 

some kind of a warranty. He took the 

car to the defendant’s shop, asking 

that the clutch be inspected for some 

type of malfunction. No problem 

with the clutch, the defendant said, 

but the brakes are bad. 

Plaintiff tendered his warranty 

and asked if the brake job would be 

covered. Don’t know, said the defendant, 

but you got to have ‘em fixed. 

I’ll file a claim and let you know. 

So, the brake work was done, 

satisfactorily, and the plaintiff drove 

than $30 billion from the New York 

Stock Exchange. 

Two months later, on New 

Years Eve, Guy Lombardo played 

Auld Lang Syne for the first time. 

When she was 30, Alcatraz 

became a prison; and the Apollo 

Theater opened in Harlem. 

In Louisiana, a team of police 

officers, led by Texas Ranger Cordell 

Walker, ambushed bank robbers 

Bonnie Parker and Clyde Barrow, 

near their hideout in Black Lake, 

killing them both. 

While in the Scottish 

Highlands, Surgeon R.K. Wilson 

allegedly photographed the Loch 

Ness Monster. 

And outside Chicago’s 

Biograph Theatre, “Public Enemy 

No. 1” John Dillinger, was mortally 

wounded by FBI agents. 

When Orena was 59, Attorney 

General Robert F. Kennedy closed 

the federal prison, Alcatraz. 

And when she was 105, the first 

Africa American was elected 

President of the United States. And 

in the final game at Yankee Stadium, 

the Bronx Bombers beat the 

Baltimore Orioles 7-3. 

Godspeed Orena Craig 

Bouldon. ❖ 

I Swear... 

Jury duty revisited 

By Vic Fleming 

away. A few weeks later, plaintiff 

came back to defendant’s shop, this 

time with rear end trouble (in his car, 

that is). Defendant’s employees 

jacked up the car on the rack, and 

while it was so positioned, defendant 

told plaintiff that the warranty claim 

had been denied. And that plaintiff, 

therefore, had best fork over the $400 

balance due if he wanted his car. 

After a lively discussion, plaintiff 

caught a ride home, borrowed 

$400 and then went and got his car. 

He then sued defendant, alleging 

fraud and conversion. The alleged 

fraud stemmed from the allegation 

that the brake job had not been 

needed in the first instance; thus, it 

was improper to have sold it to him. 

The conversion came in from the 

jacking up of the car and refusing to 

release it until the (allegedly fraudulent) 

$400 bill was paid. 

At a break that was taken after 

both sides had rested, other jurors, 

who had figured out that I was a 

lawyer, asked me what would happen 

next. As modestly as I could at that 

time of my life, I explained that next 

up was jury instructions. “The judge 

will read to us for 15 minutes, telling 

us what the law is and how to apply 

it and what our duties are and so 

forth.” 

“Ahh,” they replied, impressed 

by my wisdom. 

When we went back into the 

courtroom, Judge Tom Digby said 

words that I’d never heard him utter 

before (and that I would never hear 

him utter again): “Ladies and gentlemen, 

I am going to give you this case 

without any instructions.” (There 

goes my credibility, I thought.) “This 

is rare, but the lawyers have agreed 

that this is what we should do,” and 

when he said that, he made eye contact 

with me and smiled. 

TUNE IN AGAIN NEXT 

WEEK TO FIND OUT HOW 

THE CASE CAME OUT. 

© 2009 Vic Fleming ❖


As I told you last week, a 

dedicated reader of the Hamilton 

County Herald recently suggested 

I check out historic Fort 

Oglethorpe, Ga., in my quest to 

find unique places to visit in and 

around the Chattanooga area. 

First, I toured the 6th Calvary 

Museum, where I learned about 

the soldiers once stationed in 

the area and the battles they 

fought, from the Civil War to 

the World Wars. 

That museum sits on 

Barnhardt Circle, and as you 

continue around the circle, you 

come across gorgeous houses, 

built in the very early 1900s. 

Married officers once occupied 

most of the houses, and a white 

apartment building down the 

way was for the bachelor officers. 

One house that stands out 

among the rest is an enormous 

duplex, used at one time for two 

captains. 

The Captains Quarters Bed 

and Breakfast, as it now stands, is 

a gorgeous home built in 1902. It 

was once separated down the 

middle, but that wall was 

removed when the home was 

turned into a bed and breakfast 

in 1988. 

Now, the nine-bedroom 

home sleeps 19 people. 

Owners Jim and Julie 

Powell greeted me cheerfully, 

and my tour began in the 

kitchen, which used to be the 

captain’s office. This part was 

remodeled when the house was 

transformed in ’88, said Julie, 

resulting in an enormous 

kitchen – big enough to cook for 

a houseful of people. 

She led me to the only guest 

room on the main floor, known 

as the “Alcove Room,” for its 

privacy from the rest of the 

home and separate entrance. 

This room has an unbelievable 

view of the battlefield and across 

the hall is a gorgeous powder 

room, once used as the butler’s 

pantry. 

Julie explained there was 

once an opening that led from 

the butler’s pantry to the dining 

room. Today, that opening is 

closed off and in its place is an 

immaculate china cabinet, filled 

with Old Country Rose china, 

which the Powells use to serve 

their guests breakfast every 

morning. 

In addition to the main dining 

room, the old parlor has been 

turned into a smaller dining 

room. This offers enough seating 

for 20. 

As we stepped across the old 

divide, we entered another old 

parlor, now a library. 

“All these rooms are open 

for our guests to enjoy,” said 

Julie. The library is filled with 

books of all sorts, as well as a gas 

fireplace and an assortment of 

unique decorations. 

“We lived in Asia for seven 

years, so that’s why you see the 

Asian things around,” she said. 

Jim, an architect, developed 

hotels in Indonesia and 

Thailand. While there, Julie did 

an English language inventory of 

an Indonesian national museum’s 

textiles and became a collector. 

Upstairs, we came to a room 

with a king-size bed and a gas 

Full of air or rubbish? 

By Dave Barry, 

Tribune Media Services 

(This column was originally 

published May 18, 2003.) 

It’s time for an update on 

the British art world, which, as 

far as I can tell, exists mainly to 

Barry 

provide me with material. 

As regular readers of this 

column are aware, British art 

institutions have taken to paying 

large sums of money for works of 

art that can only be described as 

extremely innovative (I am 

using “innovative” in the sense 

of “stupid”). Here are two exam- 

Weekly 

Indulgence 

By Samara Litvack 

ples that I’ve written about: An 

artist named Martin Creed won 

the prestigious Turner Prize, plus 

about $30,000, for a work called 

“The Lights Going On and Off,” 

which consisted of a vacant 

room in which the lights went 

on and off. 

The prestigious Tate Gallery 

paid about $35,000 of British 

taxpayers’ money for a sealed can 

containing the excrement of a 

deceased artist. 

It’s hard to imagine art getting 

any more innovative, but I 

am pleased to report that the 

British art community is doing 

its darnedest. According to a 

London Times story sent in by 

alert reader Ronald Thurston, 

the prestigious Paul Hamlyn 

Foundation has awarded one of 

the biggest art prizes in Britain— 

about $47,000—to an artist 

named Ceal Floyer, for a work of 

art consisting of a garbage bag. 

Really. The work is titled 

“Rubbish Bag,” and to judge 

from the photograph in the 

Times, it is a standard black plastic 

garbage bag, just like the ones 

you put your garbage in, except 

that you have to pay people to 

haul your garbage bags away, 

Diversions 

The Captains Quarters Bed and Breakfast has a total of nine rooms, but 

owners Jim and Julie Powell say the ones with claw foot tubs like this are 

usually the first to be rented. (Samara Litvack) 

fireplace. The bathroom was 

enormous, with a walk-in shower 

and a separate vanity area. 

The next room we entered 

had a queen-size bed and a day 

bed, but my favorite part was the 

bathroom’s claw foot tub. Julie 

explained this room’s most popular 

feature was the view from the 

window. “A lot of the men that 

are interested in the battlefield 

like this room because they like 

to be able to sit at the desk and 

look out at it,” she said. 

The authentic nature of the 

décor of the home was inviting. 

And while the couple’s collec- 

whereas Floyer got $47,000 for 

hers. There is a compelling reason 

for this: Floyer’s bag is empty. 

That’s what makes it artistic. 

Floyer is quoted by the Times as 

follows: 

“It’s not a bag of rubbish, it’s 

a rubbish bag. The medium is 

clearly portrayed: It says it is a 

bag, air and a twisted top.” 

Got that? It’s NOT a bag of 

rubbish: It’s a rubbish bag! If 

THAT’S not $47,000 worth of 

innovation, then I don’t know 

what is. 

The Times states that 

“Floyer’s sculpture is displayed by 

a doorway; the intention is that 

the viewer wonders whether it is 

full of air or rubbish.” Actually, 

what it makes me wonder is 

whether the folks writing checks 

at the Paul Hamlyn Foundation 

have been smoking crack. 

If so, they apparently have 

been sharing the pipe with the 

folks at Bedford Creative Arts. 

This is a group that hands out 

taxpayer money to artists committing 

works of public art in 

Bedford, a town in the county of 

Bedfordshire (which also contains 

the towns of Biggleswade, 

Flitwick and Leighton Buzzard). 

tions from around the globe are 

scattered here and there, they 

obviously took care in preserving 

the home’s historic nature. 

Julie led me through the rest 

of the home, pointing out certain 

rooms that work out best for 

families – such as the Jack and 

Jill suite, which includes two 

rooms, adjoined by a bathroom, 

and a queen-size bedroom with a 

claw foot tub, which is beside a 

smaller room with no bathroom, 

at the end of a hallway. 

The rooms at the Captains 

Quarters are different than many 

other bed and breakfasts I’ve 

An alert reader named Jane 

Weaver sent me an article from 

the London Daily Express stating 

that Bedford Creative Arts 

decided to pay a performance 

artist named Andre Stitt about 

$19,000 to, among other innovative 

things, kick an empty 

takeout-curry carton through 

the center of town. In case 

you’re wondering why that 

would be artistic, the answer, as 

far as I can tell, is that Stitt was 

going to wear silver platform 

boots. 

Tragically, this work of art 

had to be canceled. It got a lot of 

media attention, and Bedford art 

officials were afraid that too 

many people would show up to 

watch. Don’t you just HATE it 

when the public shows up to 

watch public art, paid for by the 

public? 

But don’t worry! Stitt still 

got his $19,000, because he also 

performed several other works of 

art for the people of Bedford, 

including — I am quoting here 

from the ananova.com news 

service — “locking himself in a 

derelict house and remodeling it 

using stuffed preserved albino 

seen. They are enormous, for 

one, and they are each unique. 

Perhaps it’s the Powells’ collection 

of Asian antiques or the 

care they’ve taken to keep each 

room true to its original form. 

As we reentered the lobby, 

Julie explained their guests were 

usually either people who wanted 

to “get away” but didn’t want 

to travel far or tourists, traveling 

in groups, visiting the battlefield 

and other historic locations. 

She pointed out a book 

called “A Tale of Fort 

Oglethorpe,” which she had 

pulled together so guests could 

get a little history of the city. 

Currently, she is working on 

another book, which will 

include a more detailed account 

of the Fort Oglethorpe story. 

And what a rich history it 

is. Jim explained that when the 

barracks on the circle were torn 

down, the lumber was used to 

build many of Fort O’s houses. 

He showed me, out the dining 

room window, the tombstonelooking 

markers that showed 

where the barracks once stood. 

“People just don’t understand 

what a significant influence 

this area was during both 

those World Wars,” he said. 

And although I was only 

there for a short time, I left 

Barnhardt Circle feeling very 

enlightened. The history of Fort 

Oglethorpe is interesting, and 

extremely important. I recommend 

a trip down to the historic 

district. The 6th Calvary 

Museum has a lot to offer by way 

of records and facts and historical 

information. And the 

Captains Quarters Bed and 

Breakfast offers a step back in 

time, a night or a weekend spent 

in the early 1900s, overlooking 

the battlefield and enjoying the 

luxury of the captains’ home 

without any of the responsibility. 

Contact Samara at 

samara@hamiltoncountyherald. 

com ❖ 

animals, crematorium ash cans, 

vinyl lettering and talcum powder.” 

A Bedford arts official is 

quoted as saying that it was “not 

important” that Stitt did not 

actually perform his curry-carton 

work, because it had “created a 

huge amount of publicity” and 

thus “has already existed in the 

public arena.” In other words, he 

didn’t have to physically kick 

the curry carton to get paid for 

kicking the curry carton, because 

the public was aware of the 

curry-carton-kicking concept. 

I bet that Michelangelo (a 

loyal reader of this column) is 

turning over in his grave right 

now. He’s thinking: “You mean I 

could have just ANNOUNCED 

that I was going to make a huge 

statue of David? I didn’t have to 

chip away all that marble?” 

Poor Michelangelo, born 

back in the bad old pre-innovative 

days of art. We can only 

imagine what he might have 

done with stuffed albino animals. 

© 2009 THE MIAMI HER- 

ALD Distributed by Tribune 

Media Services, Inc. ❖


Hamilton County 

PUBLIC NOTICES 

NON-RESIDENT NOTICE 

STATE OF TENNESSEE, 

COUNTY OF HAMILTON 

BILLY JOE JENKINS, JR. 

VS DOCKET NO. 09D313 

DAWN MICHELLE NEAL 

It appearing from allegations in Plaintiff’s 

Bill, which is sworn to, that the defendant is a 

non-resident of the State of Tennessee, so that 

the ordinary process of law cannot be served 

upon DAWN NEAL. 

IT IS ORDERED that publication be made for 

four successive weeks in the Hamilton County 

Herald, a newspaper published in Hamilton 

County, Tennessee, notifying said non-resident 

that unless DAWN NEAL answers and makes 

defense to said complaint in the offices of the 

Circuit Court Clerk of Hamilton County, 

Tennessee, within thirty (30) days after the 

fourth weekly publication of this order, the 

same will be taken as admitted by DAWN 

NEAL and the case will be set for hearing ex 

parte or without DAWN NEAL presence. 

This 4th day of February, 2009. 

PAULA T. THOMPSON, 

CIRCUIT COURT CLERK 

RICHARD BRENT TEETER 

ATTORNEY FOR PLAINTIFF 

WILLARD BLDG #400 

615 LINDSAY ST 

CHATTANOOGA, TN 37403 

HCH4T-2/13,2/20,2/27,3/6/09 




CLAUDIA ANN DALTON 


BILLY RAY DALTON, JR. 





upon BILLY DALTON JR.. 





that unless BILLY DALTON JR. answers and 

makes defense to said complaint in the offices 

of the Circuit Court Clerk of Hamilton 

County, Tennessee, within thirty (30) days 

after the fourth weekly publication of this 

order, the same will be taken as admitted by 

BILLY DALTON JR. and the case will be set 

for hearing ex parte or without BILLY 

DALTON JR. presence. 









HCH4T-2/13,2/20,2/27,3/6/09 




ANGELA NICOLE SIMS 


GREGORY DALE SIMS 





upon GREGORY SIMS. 





that unless GREGORY SIMS answers and 






GREGORY SIMS and the case will be set for 

hearing ex parte or without GREGORY SIMS 

presence. 









HCH4T-2/13,2/20,2/27,3/6/09 




TOSHIBA MONIQUE KELLEY 


JERMAINE SAVALLUS KELLEY 





upon JERMAINE KELLEY. 





that unless JERMAINE KELLEY answers and 






JERMAINE KELLEY and the case will be set 

for hearing ex parte or without JERMAINE 

KELLEY presence. 









HCH4T-2/13,2/20,2/27,3/6/09 




JAMES JOSEPH RASAR 


ALMA JOANN RASAR 





upon ALMA RASAR. 





that unless ALMA RASAR answers and 






ALMA RASARand the case will be set for 

hearing ex parte or without ALMA RASAR 

presence. 









HCH4T-2/13,2/20,2/27,3/6/09 

STATE OF TENNESSEE 

ORDER OF PUBLICATION 

THE CENTER FOR INTEGRATIVE 

MEDICINE PC 

PLAINTIFF 

Docket Number: 08GS5994 

KATHERINE H JONES aka KATHY JONES 

DEFENDANT 

Date of This Order: 02/04/09 

Appearance Date: 04/06/09 at 11:00 a.m. 

Appearance Address: Court of General 

Sessions, Civil Division, Room 111 Hamilton 

County City Courts Building, 600 Market 

Street, Chattanooga, TN 37402-1911 

It appearing from the record in this cause that 

the defendant is a non-resident of Tennessee, 

and certain property or money has been 

attached. 

One or more civil warrants have issued but 

returned unserved, and an attachment issued 

and was levied upon certain property or 

money. 

IT IS ORDERED that publication be made 

requiring the defendant to appear at the time 

and place stated above and defend this suit, or 

a judgment by default may be entered against 

him. This Order shall be published in a 

newspaper by this County as required by law. 

PAULA T. THOMPSON 

CLERK OF GENERAL SESSIONS 

GRISHAM KNIGHT AND HOOPER 


700 1ST TENNESSEE BLDG 

701 MARKET STREET 

Chattanooga, TN 37402 

HCH4T-2/13,2/20,2/27,3/6/09 




ANGELA MAE KEOWN HURST 


JOHNNY HERBERT HURST 





upon JOHNNY HURST. 





that unless JOHNNY HURST answers and 






JOHNNY HURST and the case will be set for 

hearing ex parte or without JOHNNY HURST 

presence. 

This 28th day of January, 2009. 








HCH4T-2/6,2/13,2/20,2/27/09 

STATE OF SOUTH CAROLINA 

COUNTY OF RICHLAND 

FAMILY COURT 

ZACHARY M. YOUNG 

PLAINTIFF 

VS. Case No: 08-DR-40-4212 

TAMMY V. YOUNG 

DEFENDANT 

SUMMONS 

TO: THE DEFENDANT ABOVE NAMED: 

YOU ARE HEREBY SUMMONED and 

required to Answer the Complaint in this 

action, a copy of which is hereby served upon, 

you and to serve a copy of your Answer to the 

said Complaint on the attorney for the 

Plaintiff, at her office, 3306 Millwood 

Avenue, Columbia, South Carolina, 29205, 

within thirty (30) days after the service hereof, 

exclusive of the day of such service, and if 

you fail to Answer the Complaint within the 

time aforesaid, judgment by default will be 

rendered against you for the relief demanded 

in the complaint. 

This notice first published the 6th day of 

February, 2009. 

Monet S. Pincus 

Bonnie D. Loomis 

Attorneys at Law 

3306 Millwood Avenue 

Columbia, SC 29205 

(803) 576-3755 

HCH3T-2/6,2/13,2/20/09 




JERRY LEVERNE HALE 


WANDA FAYE HALE 





upon WANDA HALE. 





that unless WANDA HALE answers and 






WANDA HALE and the case will be set for 

hearing ex parte or without WANDA HALE 

presence. 




KIFF LEROY NEWKIRK 


1024 E. MARTIN LUTHER KING BLVD 


HCH4T-2/6,2/13,2/20,2/27/09 




WENDY GAIL DAVIS 


JERRY ALLAN DAVIS, JR. 





upon JERRY DAVIS JR. 





that unless JERRY DAVIS JR answers and 






JERRY DAVIS JR and the case will be set for 

hearing ex parte or without JERRY DAVIS JR 

presence. 





PRO SE 

HCH4T-2/6,2/13,2/20,2/27/09 




KIMBERLY LYNN TUCKER 


SAMUEL EUGENE TUCKER 





upon SAMUEL TUCKER. 





that unless SAMUEL TUCKER answers and 






SAMUEL TUCKER and the case will be set 

for hearing ex parte or without SAMUEL 

TUCKER presence. 

This 2nd day of February, 2009. 








HCH4T-2/6,2/13,2/20,2/27/09 

IN THE CIRCUIT COURT OF 

WASHINGTON COUNTY, VIRGINIA 

ORDER OF PUBLICATION 

JIMMY PARKS, JR 

PLAINTIFF 

VS. CASE # CL08-2187 

PAULA SUZANNE HENSEL 

DEFENDANT 

The object of this suit is to obtain a final 

decree of divorce dissolving the marriage 

between the plaintiff and defendant on the 

grounds that the parties have lived separate 

and apart from one another for a period in 

excess of one year and an equitable 

distribution decree. An affidavit having been 

made and signed that the whereabouts of the 

defendant, Paula Suzanne Hensel, is unknown, 

that her last address is unknown, and that 

there is no current address or information 

available indicating her whereabouts, it is 

hereby ORDERED that Paula Suzanne Hensel 

appear on or before February 26, 2009, at 

1:30PM, and do whatever is necessary to 

protect her interest. It is further ORDERED 

that this Order of Publication shall be 

published once a week for four (4) 

consecutive weeks in The Hamilton County 

Herald, a newspaper of general circulation in 

Hamilton County, Tennessee. 

Patricia S. Moore, Clerk 

John E. Stanley 

Attorney at Law 

P.O. Box 305 

Lebanon, VA 24266 

HCH4T-1/30,2/6,2/13,2/20/09 ❖ 

HAMILTON COUNTY HERALD 

• Foreclosures • Legal Notices • Building Permits 

• Bar Association Newlsetter • Deeds ... and more! 

We have the information you want! 

SSUUBBSSCCRRIIBBEE TTOODDAAYY!! 

Simply fill out this form and fax or mail it in. We will bill you later. 

Company Name: _______________________________________________________ 

Attention: ___________________________ Business Phone:___________________ 

Address: ______________________________________________________________ 

City: ___________________________________ ST: _______ Zip: _______________ 

• $15 for one year • 

FAX to: (423) 266-6784 or MAIL to: 

Republic Centre • 633 Chestnut Street, Suite 600 • Chattanooga, TN 37450 

Telephone: (423) 267-8323


Alternatives Continued from page 1 

Looney. “We get to do the things 

that help them feel kind of at 

home and comfortable.” 

Rounding out the group is 

Judy Gilliam, president of Psych 

Assist, who is the practice’s 

account manager. 

“There would be no practice 

if it weren’t for Judy,” says 

Hubona. “She’s really good and 

she considers her practice a ministry. 

She’s very instrumental in 

helping our patients work out 

payment arrangements and afford 

us, irregardless of insurance.” 

While the original foundation 

of Psychotherapy 

Alternatives was female-oriented, 

Hubona is thankful that the other 

Social networking Web sites 

are a great way to find old classmates, 

stay connected with 

friends or even make new 

friends. Unfortunately, hackers 

have learned how to use Web 

sites like Facebook in order to 

disseminate viruses or steal identities. 

Better Business Bureau is 

offering advice on how consumers 

can protect themselves 

against hackers, scammers and 

ID thieves on social networking 

Web sites. 

The popularity of social networking 

Web sites has grown 

immensely in the past few years. 

According to the blog Inside 

Facebook, as of December, 

Facebook was growing at a rate 

of 500,000 new users a day and is 

approaching 150 million active 

users. Facebook estimates that, 

in total, users spend more than 

2.6 billion minutes on the Web 

site every day worldwide. As a 

result of the increase in popularity, 

scammers are seeing an 

opportunity to step in and ply 

their trade. 

“Social networking is 

practitioners are expanding those 

horizons. And not only do they 

increase the capacity of service 

the practice can offer, they ensure 

a higher quality of service as well. 

With psychological, medical 

and hypnological practitioners 

working together, clients of 

Psychotherapy Alternatives have 

an advantage they couldn’t otherwise 

experience. 

“There are some places in 

town that have an outwardly collaborative 

presence, as we are 

now, but internally, have a very 

competitive presence,” says 

Hubona. “I don’t think any of us 

want that… I think just having 

that comfort level and that exten- 

extremely popular because it 

allows us to connect and reconnect 

with people we know and 

trust,” said Steve Cox, BBB 

spokesperson. “Scammers know 

that they can take advantage of 

that trust by masquerading as 

friends, family and coworkers in 

order to easily disseminate viruses 

or steal personal information 

such as bank or credit card numbers.” 

Some common social networking 

schemes include the following: 

Friend in distress scam 

One scam that has made the 

transition from phone and email 

into Facebook is the “friend 

in distress” scam. Facebook users 

may receive a message in their 

inbox from a friend saying that 

they are in a dire situation – such 

as stranded in a foreign country – 

and need money wired to them. 

The recipient of the message 

doesn’t realize that their friend’s 

account has been hacked and 

that the message was actually 

sent by scammers. If the 

Facebook user does wire money 

sion is part of what makes this a 

nice place to be.” 

And just as the clients benefit, 

so do the practitioners. 

“It’s nice to have friends, to 

come in and feel like there’s not 

any competition,” says Naulta. 

“We are working together and 

we’re part of a team. Even though 

we’re independent practitioners, 

it’s a wonderful feeling to know 

we have that respect for each 

other.” 

Each of the ladies at 

Psychotherapy Alternatives takes 

pride in her work and is more concerned 

with providing quality 

service than quantity. And 

to the scammers, they have no 

way of recovering the money 

after they learn that their friend 

is actually safe and sound. 

Phishing friends 

One particularly virulent 

computer virus, called Koobface, 

has made the social networking 

site rounds via MySpace and 

most recently on Facebook in 

December. In Faceback, the victim 

receives a message from their 

friend saying “You look awesome 

in this video” or “You look funny 

in this video” and includes a link 

to an outside Web site to view 

the video. Clicking on the link 

will open a window that claims 

the victim needs to download an 

updated version of Flash. 

Agreeing to the update actually 

installs the virus onto the victim’s 

computer. The virus is 

designed to monitor the user’s 

Internet activity and potentially 

steal personal information. 

Victims of Koobface have had a 

particularly difficult time removing 

the virus and in some cases 

just decided to scrap their 

Hubona says they all agree that 

their service to the community 

goes beyond the work they do 

from their office. 

“One of the backbones of 

what we do is we get down on our 

knees every day and we pray for 

the Lord to take us where we need 

to go,” she says. “When people 

walk through our door, it’s not an 

accident. It’s because there is a 

higher power putting us together, 

and I feel very grateful to be 

blessed in this way.” 

“You don’t realize how much 

your clients give back to you,” 

adds Chadwick, recalling one 

Tuesday, when she picked up a 5- 

computers completely. 

Viral wall post 

Another recent Facebook 

scam takes advantage of a social 

networker’s fears that the pictures 

and information they post 

on Facebook could be made very 

public. The user receives a post 

on his or her wall from a friend 

saying something like, “hey do u 

realize your face book picture is 

all over ”. 

The wall posts vary, but all 

invariably link to an outside 

Web site that supposedly has the 

user’s photos. Facebook warns 

that clicking on the link will 

allow hackers to gain access to 

the user’s personal account and 

post the same message – seemingly 

coming from the victim – 

on their friend’s walls. 

BBB offers the following 

advice for staying safe on social 

networking sites: 

Be extremely wary of messages 

from friends or strangers 

that direct the user to another 

Web site via a hyperlink. 

Before wiring money to a 

year-old client for a home visit. 

As the small girl hopped in the 

backseat of the car, she expressed 

her love of Tuesdays. 

“Why do you love Tuesdays?” 

asked Chadwick. 

“Because I get to spend them 

with my best friend,” she 

answered. 

“God gives us little nuggets 

here and there that really enforce 

where you’re supposed to be,” says 

Chadwick. “That was absolutely 

one of them.” 

For more information about 

Psychotherapy Alternatives, call 

423-266-2248 or visit www.psychologicalalternatives.org. 

❖ 

Your Facebook friends could actually be hackers, scam artists and ID thieves 


So Abraham Lincoln turned 

200 on Thursday, February 12. 

How time flies. On the $5 bill, 

he doesn’t look a day over 150 or 

so. 

Many attorneys idolize 

Lincoln because he was a trial 

lawyer before he took office in 

the White House. There are 

tales of Lincoln the “prairie 

lawyer,” traveling the state of 

Illinois on horseback, trying 

cases in the different counties. 

The case for which Lincoln 

is perhaps best known is a criminal 

trial held in 1858. Lincoln 

defended William “Duff” 

Armstrong, on trial for the murder 

of James Preston Metzker. (It 

is well-documented that everyone 

had three names back then.) 

With some now-legendary 

guile, Lincoln picked apart the 

testimony of the prosecution’s 

chief witness, Charles Allen, 

and succeeded in getting his 

client acquitted. 

Last week at Boston’s Union 

Club, two chapters of the Inn of 

Court met to discuss Lincoln the 

lawyer. 

Re-creating a moment in 

the trial, lawyer Matthew C. 

Baltay played the witness and 

prosecutor John P. Zanini portrayed 

Lincoln. 

Zanini pushed the “witness” 

on how he could possibly have 

seen the murder, through trees, 

at a distance of 150 feet. Zanini 

retreated to the farthest reaches 

of the “courtroom” to emphasize 

the great distance. 

Then came the Almanac. 

As the story goes, the witness 

claimed that the moon had 

provided him with ample light 

to witness the murder. But 

Lincoln produced a Farmer’s 

Almanac to show that the moon 

on that date was at such a low 

angle it could not have produced 

enough illumination to see anything 

clearly. 

Last week, Zanini dramatically 

pulled out the “Almanac” 

and asked the witness to explain. 

Baltay responded with a defeated 

shrug. 

But now some folks believe 

that this cross-examination was 

actually a bit of sleight of hand. 

A historian named John 

Evangelist Walsh wrote a book 

in 2000 called “Moonlight” in 

which he argues that the moon 

was indeed bright enough for 

witnesses to see by, but that 

Lincoln shifted the focus of the 

jury’s attention from the brightness 

of the moon to the position 

of the moon, causing reasonable 

doubt about the testimony. 

Walsh implies that Lincoln 

badly warped the truth. 

Was Lincoln caught in a 

moral dilemma that made him 

push the boundaries of ethical 

rules? Did he take unusual 

chances in order to help an old 

friend (Jack Armstrong, father of 

the defendant)? Would chief disciplinary 

counsel in Rhode 

Island have been interested in 

prosecuting Lincoln had the trial 

occurred here? 

Walsh writes in his book: 

“[Lincoln had] taken an 

undoubted fact, one that fully 

supported the prosecution’s case 

that the moon had not set, had 

in fact been a whole hour from 

setting, thus giving ample light 

for Allen and the other eyewitnesses 

to see by and had deftly 

clouded the jury’s perception of 

that fact, so that it appeared to 

support the defense.” 

Walsh went so far as to say 

that Lincoln’s actions “involved 

witness tampering and the suppression 

of evidence, and may 

have involved the criminal act 

of suborning perjury.” (I credit 

Brian Dirck of Anderson 

University’s Department of 

History for his review of Walsh’s 

book on this point.) 

The Inn of Court crowd put 

the question of Honest Abe’s 

honesty last week to invited 

guest Frank J. Williams, retired 

chief justice of the Rhode Island 

Supreme Court. Williams is as 

big a Lincoln buff as there is, 

having authored several books 

on the bearded one. 

“There remains debate 

about the Almanac,” said 

Williams. “Lincoln did do certain 

things in court that we 

might call disingenuous. It was a 

different time. Lincoln knew the 

jurors. They were his friends and 

neighbors. And it was well 

known that you should not cross 

Lincoln. It was said that, if you 

do that, you would end up facedown 

in a ditch.” 

Still, many people are reluctant 

to paint Lincoln as a conniver. 

Walsh’s book is not widely 

friend in a jam, users should 

attempt to contact their friend 

outside of the social networking 

site, such as over the phone or 

via e-mail to confirm the situation. 

If that’s not possible, BBB 

recommends asking them a question 

that only they would know 

the answer to. 

Users should always make 

sure their computer’s operating 

system and antivirus and firewall 

software are up to date. 

Social networking sites are 

about sharing information, but 

BBB recommends that users take 

steps to keep important information 

private. While some social 

networking Web sites do allow 

for the user to share phone numbers 

and addresses, it’s best to 

keep such information private. 

Be selective when choosing 

friends. While a user might not 

want to be rude, BBB recommends 

that it’s best to decline a 

request for friendship if the user 

doesn’t actually know the person. 

Source: BBB ❖ 

Commentary: Lincoln the lawyer: he was honest, but was he ethical? 

accepted by the academic community. 

(“Walsh’s obviously 

thorough research is overshadowed 

by contradictory assertions, 

questionable sources and a 

liberal ‘enhancing’ of historical 

events,” argues an article by 

Jason Emerson in the Journal of 

the Illinois State Historical 

Society.) 

Boston lawyer Jeffrey W. 

Purcell, himself working on a 

book about a different historical 

figure (James Otis), says that 

Walsh’s arguments are “over the 

top.” 

“Lincoln was a tremendous 

lawyer,” says Purcell, who participated 

in the Inns’ talk last week. 

“By discussing the angle of the 

moon, he made it sound like it 

was dark, but he didn’t really lie. 

Technically, what he said was 

true, but it was really misleading.” 

But improper? 

“No,” says Purcell. “He 

pushed the envelope, but what 

he did was really good lawyering. 

He did not do anything improper.” 

I guess we’ll never know for 

sure, since it’s too late to turn in 

old Abe to the ethical police. If 

someone had at the time, his law 

career and political career might 

have been derailed. 

Probably better that it didn’t 

turn out that way. ❖


Civil liberties seek to require warrants for GPS surveillance 

A diverse group of civil liberties 

and religious organizations this week 

weighed in on the question of 

whether police need a warrant in 

order to conduct surveillance of personal 

vehicles by secretly attaching 

global positioning satellite (GPS) 

transmitters. The case, which is 

scheduled to be heard next month in 

New York’s highest court, has profound 

implications for the privacy 

rights of individuals and organizations. 

Low-cost GPS transmitters can 

be secretly attached to a vehicle and 

pinpoint the vehicle’s location on 

public or private property, within a 

few feet or yards, to virtually any 

computer with an Internet connection. 

The devices are useful for tracking 

a vehicle or person in real-time, 

but the data also can be permanently 

stored and subjected to pattern analysis, 

revealing not just a person’s 

whereabouts, but his habits, associa- 

AT FIRST BLUSH, IT 

FEELS LIKE LOVE 

Dear Amy: Around seven 

months ago, I met “Brian.” 

He’s smart, funny and sweet. 

He respects me (although he 

occasionally jokes about the fact 

that I am a lot shorter than he 

is), and we have fun together. 

Sounds perfect, right? 

Wrong. Here’s the problem: I’m 

only 14. He’s 16. 

I truly feel as if I’m in love 

with him. I can’t stop thinking 

about him, and whenever his 

name is mentioned, I start blushing 

out of control. I’ve had 

crushes before, but this one is 

way more than a simple crush. 

Do you think 14 is too 

young to find love? —Crushed 

Out 

Dear Crushed: I don’t think 

that 14 is too young to find love, 

but I do think that 14 is too 

young to have love. 

I’m an old crank when it 

comes to love. Love is a wonder- 

tions, who his friends are, where he 

shops, banks and goes to church, and 

a host of other information. The 

coalition argues that court supervision 

should be required to protect 

First and Fourth Amendment privacy 

rights. 

In People v. Weaver, scheduled 

for argument in the New York Court 

of Appeals March 24, the court will 

be considering whether a police officer, 

in his own discretion, may undertake 

GPS surveillance of individuals 

without any judicial oversight at all. 

The court below held that there is no 

obligation to obtain a warrant prior 

to undertaking such monitoring. 

Members of the public have no way 

of knowing if their movements are 

subject to electronic surveillance 

from which there is no legal protection. 

The civil liberties alliance filed 

an amicus curiae, or “friend of the 

court,” brief arguing such unfettered 

ful terminus at the end of a 

whole series of choices and experiences. 

At your age, you shouldn’t 

even be at the starting gate 

— you should be going to the 

multiplex with your friends, and 

love should be in the far-off distance. 

You’re going to read 

Shakespeare one of these days 

and declare me to be all wrong. 

The story of the adolescent 

lovers in “Romeo and Juliet” is 

often offered up as an example of 

perfect teen love. 

But Romeo and Juliet hardly 

knew each other, just as you 

and your wonderful guy hardly 

know each other. 

Take your time. Enjoy these 

feelings. Make sure you and 

“Brian” are always nice to each 

other. But don’t jump into love. 

Dear Amy: My boyfriend of 

less than a year has decided to 

quit smoking, mostly because I 

hate it. 

He went on a prescription 

surveillance is unconstitutional and 

ill-advised as a matter of public policy. 

The groups include the National 

Association of Criminal Defense 

Lawyers (NACDL), the New York 

State Association of Criminal 

Defense Lawyers, the New York 

State Defenders Association, the 

Electronic Frontier Foundation, the 

American-Arab Anti- 

Discrimination Committee, the Sikh 

American Legal Defense and 

Education Fund, the Council on 

American-Islamic Relations, and the 

Union for Reform Judaism. They 

urge the court to condition GPS 

monitoring upon judicial issuance of 

a warrant. 

The brief was written by Susan 

J. Walsh, a partner at Moskowitz, 

Book & Walsh, LLP in New York 

City, NACDL Executive Director 

Norman L. Reimer and NACDL 

Assistant Director of Public Affairs & 

pill that cuts the craving. So far 

it’s been a couple of weeks and 

it’s working to cut his craving, 

but a side effect is that he is now 

constantly angry at me. 

When I try to cheer him up 

and tell him how proud I am of 

him, he seems to get mad at 

that! 

This is hard. For one thing, 

it’s a new relationship and I 

haven’t seen him angry with me 

before. And although I don’t like 

this new behavior, I still want 

him to quit smoking. 

This also comes at a time 

when I am having some family 

issues, and I really want my 

boyfriend to be there for me 

emotionally, but he has been 

withdrawn. 

I want to be sympathetic to 

what either this pill or the nicotine 

withdrawal is doing to him, 

but it’s hard for me to be 100 percent 

supportive when I’m not 

feeling support from him, though 

we have both made it clear that 

we want to keep our relationship 

going. 

How do you think I should 

handle this? —Struggling to 

Stay Strong 

Dear Struggling: Aside from 

any side effects and withdrawal 

symptoms your boyfriend might 

still be experiencing, he proba- 

Communications Ivan J. 

Dominguez. 

“By its nature, GPS is a valuable 

tool because it permits long-term, 

sustained surveillance. But its potential 

for abuse is staggering. To allow 

this kind of personal data collection 

without judicial oversight is an 

Orwellian nightmare. The minimal 

time required to obtain a warrant 

based on probable cause restores balance 

and cannot credibly be said to 

impede legitimate law enforcement 

objectives,” explains lead counsel 

Susan J. Walsh. 

A dissenting opinion in the case 

rejected the analogy that the use of 

GPS is the functional equivalent of 

being followed by the police on public 

roads. Relying upon the search 

and seizure provisions of New York 

State’s Constitution, the dissent concluded 

that “while the citizens of this 

state may not have a reasonable 

bly would feel better if he 

stopped smoking not for you, but 

for himself. 

His choice to stop smoking 

for you means that he is less likely 

to stay on the wagon, because 

you can’t be around all the time 

to cheer for him or absorb his 

bad moods. 

I suggest you drop this topic 

entirely. Trust that your guy is 

struggling, help him if he asks, 

but otherwise stay away from his 

choice to smoke — or not 

smoke. 

He should see the person 

who prescribed his medication 

to double-check the side effects. 

It might be best to step down the 

dosage and move on to another 

method of kicking his habit. 

You have a right to expect 

your boyfriend to be decent to 

you, even when he’s in a foul 

“wish-I-had-a-cigarette” mood. 

It’s time to tell him that. If he 

chooses to resume smoking and 

you can’t bear it, then you will 

have some decisions to make. 

Dear Amy: Recently a 

neighbor installed some kind of 

generator or hot tub, and the 

motor produces an almost constant 

and noticeable hum in our 

backyard. 

Because it is winter, I 

haven’t tried to find out what 

expectation of privacy in a public 

place at any particular moment, they 

do have a reasonable expectation 

that their every move will not be 

continuously and indefinitely monitored 

by a technical device without 

their knowledge, except where a warrant 

has been issued based on probable 

cause.” 

According to Norman Reimer, 

the executive director of NACDL, 

“Permitting unlimited, around-theclock, 

uninterrupted 24/7 monitoring 

of an individual’s whereabouts is 

as much a First Amendment issue as 

it is a Fourth Amendment issue.” He 

points out that “the government can 

learn where a person worships, what 

clubs they attend, what political parties 

they participate in, where they 

sleep, and other personal and private 

information completely irrelevant to 

legitimate law enforcement needs.” 

Source: NACDL ❖ 

Commentary: Ethical considerations in leveraging demonstratives 

by Daniel Wolfe and Lance Johnson 


Using demonstratives to tell a 

story during trial can be critical to 

the success of a case. Employing a 

multi-modal presentation strategy, 

one that coordinates both visual and 

auditory elements, can immeasurably 

increase the persuasive impact 

of your case for two reasons. 

First, multiple communication 

channels enhance jurors’ working 

memory capacity, which ultimately 

increases retention of the information 

presented. 

Second, because most jurors 

rely predominantly on their visual 

learning abilities when processing 

new information, visual imagery 

enables jurors to better absorb and 

comprehend facts and circumstances. 

While this approach is highly 

effective, the use of a visual strategy 

that includes demonstratives, graphics, 

illustrations and/or animations 

raises important ethical considerations 

when leveraging these mechanisms 

as persuasion tools. 

How do jurors, lawyers and the 

judiciary perceive the duties of candor 

and accurate representation of 

the evidence? What factors enhance 

the effectiveness and admissibility of 

graphic and demonstrative evidence? 

This article will aid lawyers to 

advocate zealously within the 

bounds of common sense and decency 

and provide steps for maximizing 

the impact and use of demonstrative 

exhibits at trial, arbitration, mediation 

and other advocacy settings. 

Jurors’ learning styles 

The concept of “learning styles” 

suggests there is no one best way to 

educate every person. Instead, people 

are presumed to have different 

strengths and preferences concerning 

the manner in which they perceive, 

process and retain information. 

Several models have proposed 

various ways to describe the learning 

styles concept, suggesting that people 

tend to represent information primarily 

as words or as images, and that 

people vary in terms of which modality 

induces them to learn most optimally 

(i.e., visual, auditory or kinesthetic 

- touch). 

Not surprisingly, 29 percent of 

American adults rank at the “basic” 

level of literacy (able to perform only 

simple and everyday literacy activi- 

Ask Amy 

Advice for the Real World 

By Amy Dickinson, Tribune Media 

ties); 14 percent rank as “below 

basic”; and only 13 percent rank as 

“proficient” at performing complex 

and challenging literacy activities. 

Put another way, most jurors on your 

jury spend far more time consulting 

their “visual sketch pad” than their 

“verbal diary.” 

The bottom line is that visual 

images, rather than words, dominate 

most people’s thinking, and visual 

images are the modality through 

which most people are most comfortable 

and best able to learn. 

Ethical obligations 

Lawyers have ethical duties of 

candor and to represent the facts 

accurately when using demonstrative 

evidence. As a practical matter, 

lawyers are often left to rely on their 

own sense of decency and common 

sense. 

Understandably, there must be 

a balance between persuasion and 

prejudice; the exhibit must be probative 

of a fact in issue without being 

unduly biased. In this regard, information 

design techniques relating to 

aesthetic appeal and persuasion 

come into play. 

Among other things, these 

considerations include scaling techniques, 

icons and color. The key is to 

make sure that creativity doesn’t 

come at the expense of accuracy or 

by misrepresenting the evidence. 

One of the most important 

issues to consider is scaling. Often 

times, counsel has to present data to 

the trier of fact in a table or chart. Bar 

charts are a common method to 

illustrate such information. Scale 

always comes into play when designing 

bar charts. The y-axis in particular 

can be used to accentuate or minimize 

the data depending on how the 

graphic is designed. 

For example, two charts can 

incorporate the same data and show 

the change of sales from $900,000 in 

one month to $855,000 in the next. 

However, one can vary the scaling 

range on the y-axis to impact dramatically 

the immediate message 

that is reflected; specifically, the first 

chart can illustrate an impressive 

drop-off from one month to the 

next, whereas the second suggests 

that the sales were fairly consistent 

from a month-to-month basis. 

Although both are accurate, scale 

radically affects the visual message of 

these two charts. 

Another graphic design element 

that is important to consider is 

whether to use icons. Icons are 

ingrained in our day-to-day lives and 

for a good reason. While words can 

be quite informative and helpful, 

they can also be visually limiting or 

confusing. Icons are a powerful 

CliffsNotes version of ideas, events, 

objects and much more. 

Icons allow you to define a concept 

visually without the need for 

words. Beyond being an economic 

form of communication, icons are 

also effective because they can convey 

points that would otherwise 

necessitate a lengthy explanation, 

and together they can construct a 

pattern that the eye is more likely to 

identify than if it were viewing text 

alone. 

For instance, suppose you are 

the defense and are presenting an 

opening argument for a personal 

injury case involving a plaintiff who 

had dozens of doctor’s visits prior to 

the accident at issue. Rather than 

identifying each of the doctor’s visits 

with text, it would be far more visually 

effective to use a medical cartouche 

icon to represent each visit. 

The repeated pattern will make the 

graphic more powerful than text 

alone. 

Continued on page 11 

the source of the noise is, but I 

spend a lot of time outdoors, and 

we sleep with our windows open 

in the summer and the hum is 

disturbing. 

How do I approach 

whichever neighbor it is to talk 

about this? —Karen in Oregon 

Dear Karen: First you need 

to try to identify the source of 

the noise. Then contact your 

neighbors, assuming they aren’t 

aware of the imposition. The 

sooner you do this, the more 

time they will have to try to muffle 

the noise. If they don’t rectify 

the situation, then research your 

local noise ordinance to see if 

they might be in violation. 

If this disturbs you, it 

undoubtedly bothers other people. 

(Send questions via e-mail 

to askamy@tribune.com or by 

mail to Ask Amy, Chicago 

Tribune, TT500, 435 N. 

Michigan Ave., Chicago, IL 

60611. Amy Dickinson’s memoir, 

“The Mighty Queens of 

Freeville: A Mother, a Daughter 

and the Town that Raised 

Them” (Hyperion), will be published 

in February.) 

© 2009 BY THE CHICA- 

GO TRIBUNE DISTRIBUTED 

BY TRIBUNE MEDIA SER- 

VICES, INC. ❖


John Hagan wins 2009 Stockholm Prize in criminology 

American Bar Foundation 

scholar’s work has captured scope 

of Darfur genocide 

American Bar Foundation 

research professor John Hagan 

has won the 2009 Stockholm 

Prize in Criminology for his 

pathbreaking research on genocide 

in the Balkans and Darfur. 

The prize, awarded by an independent 

global jury, is given “for 

outstanding achievements in 

criminological research or for 

the application of research 

results by practitioners for the 

reduction of crime and the 

advancement of human rights.” 

Hagan will share the prize with 

Raul Eugenio Zaffaroni of the 

Supreme Court of Argentina. 

The prize will be awarded at a 

banquet on June 23 in 

Stockholm, Sweden. 

Hagan, who holds a joint 

appointment at the ABF, is the 

Aside from communicating 

readily identifiable messages with 

colors (e.g., red equals danger, yellow 

connotes caution), color can also be 

used effectively to emphasize, minimize 

or sort critical information. 

The most basic and common 

example is the use of highlighted text 

to draw one’s attention to an important 

word or phrase in a document or 

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Science, in 2006. 

His book, “Darfur and the 

Crime of Genocide,” written 

with Wenona Rymond- 

Richmond, a sociologist at the 

University of Massachusetts at 

Amherst and former ABF 

research associate, was published 

by Cambridge University Press 

late in 2008. Hagan’s work also 

focuses on the law’s role in the 

redress of the crime of genocide, 

and examines the question of 

how the science of criminology 

can advance the understanding 

of and protection against genocide. 

Another book, “Justice in 

the Balkans” (University of 

Chicago Press, 2003), is a social 

history of the international tribunal 

where Slobodan 

Milosevic, the late Serbian 

leader, was tried for war crimes 

Strategic use of exhibits 

Although the practical considerations 

relating to the design of 

demonstrative exhibits and use of 

presentation technology are important, 

don’t overlook the most basic 

elements of admissibility and ultimate 

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for his role in the wars in 

Croatia, Bosnia and Kosovo. 

Hagan also studies the impact of 

youth crime on society and its 

links to childhood poverty. As a 

Guggenheim Fellow, Hagan 

studied the migration of 

American Vietnam war resisters 

to Canada that is described in 

the book, “Northern Passage” 

(Harvard University Press, 

2001). Hagan’s research interests 

also include the sociology of the 

legal profession. He holds a 

Ph.D. in sociology from the 

University of Alberta, Canada. 

“We congratulate John 

Hagan on being recognized with 

this prestigious international 

award,” said Robert L. Nelson, 

director of the ABF. “But more 

importantly, we congratulate 

him on the work itself. His 

rigorous empirical research has 

primary considerations you should 

keep in mind when developing your 

demonstrative exhibits. 

Identify the key objectives, 

themes and strategies for your case 

and integrate them throughout your 

visual presentation. 

Develop a visual plan in order 

to simplify the case, build knowledge, 

reinforce key themes and 

maintain consistency and continuity 

throughout all phases of the trial, 

including damages. 

Limit each demonstrative 

exhibit’s purpose to one immediately 

identifiable issue and/or message; 

otherwise, jurors will not have the 

cognitive fortitude or patience to 

wade through a technically complex 

and confusing demonstrative 

exhibit. 

Steps to success 

In conclusion, we offer some 

practical tips and tactics for maximizing 

and leveraging your demonstrative 

exhibits. 

Educate before you advocate. 

Jurors need to understand before 

they can be persuaded. 

Walk before you run. Jurors 

learn in a stepwise, building block 

progression; you must build a solid 

foundation before building the 

tower. 

Be a teacher, not a preacher. 

Help decision-makers practice 

applying complex concepts. Adults 

are practical learners, and if they 

can’t use it, they will lose it. 

Tell a complete story, including 

not only the conclusion but foundation 

as well. Don’t expect decisionmakers 

to draw conclusions or to 

synthesize the information on their 

own, as they may inadvertently 

come to the wrong conclusion. 

Find the most direct and least 

ambiguous decision path. Jurors have 

a limited tolerance for complexity, 

and, as such, they will take the path 

of least resistance or the one that is 

easiest to follow. 

Don’t overwhelm the audience. 

If you must present an exhibit with a 

great deal of information, such as a 

timeline with numerous key events, 

present it in steps. Start with a small 

done nothing less than fundamentally 

change the way the 

world has come to understand 

this global tragedy.” He added, 

“This prize calls attention to 

how the research initiatives of 

the American Bar Foundation 

promote justice and touch the 

lives of people around the 

world.” 

The American Bar 

Foundation is the nation’s leading 

research institute for the 

empirical study of law. An 

independent, nonprofit organization, 

for more than 50 years 

the ABF has advanced the 

understanding and improvement 

of law through research projects 

of unmatched scale and quality 

on the most pressing issues facing 

the legal system in the 

United States and the world. 

Source: ABF ❖ 

Ethical Continued from page 10 

amount of information and build the 

chart in steps, with each slide adding 

new elements one at a time. 

If they only need to know the 

time, don’t teach them to build a 

watch. Determine the key message 

and don’t over try the case by trying 

to impress jurors with legal or technical 

acumen. Use arguments/themes 

that draw upon values most decisionmakers 

would naturally have. 

Communicate, don’t decorate. 

The primary goal is to communicate 

key messages, not merely to make 

your exhibits look good. For example, 

PowerPoint has scores of technological 

options that are tempting 

to the novice, but in most cases, 

flaming comets in the background, 

checkerboard fade-ins, windowblind 

wipes and the like serve more 

to distract than to enhance. 

Give the jury permission to 

believe. Demonstratives should 

empower the jury to decide the case. 

Eschew obfuscation. Say it simply. 

Apply the Scrabble rule: You 

only get seven letters to make your 

word, so use words with seven letters 

or less where you can. 

Demonstrative titles should be 

action-oriented rather than passive. 

If a juror’s attention wanes momentarily, 

the title helps refocus them on 

the essential message. 

Apply the mother-in-law test. 

Show your visuals to your mother-inlaw 

(or someone not familiar with 

the case). If she doesn’t get it, go back 

to the drawing board. 

Don’t forget the Doberman 

test. Anticipate how your opposition 

will use your demonstratives against 

you; don’t let them come back to bite 

you in the behind. 

Know your audience. 

Customize visuals to your audience. 

Don’t assume they are all the same 

with regard to their experiences and 

sophistication, and don’t patronize 

the jury by assuming they are not 

educable. 

Practice, practice, practice. As 

Mark Twain once lamented, 

“Always do right. This will gratify 

some people and astonish 

the rest.” ❖


Local expert offers tips on dealing with work-related stress 

By David Laprad 

Ben Franklin said nothing 

in life is certain except death and 

taxes. These days, you can add 

stress to the list. With 

the threat of a terrorist 

attack looming over the 

US like a dark scepter, 

the economy tumbling 

like Jack and Jill down a 

sharp hill and employers 

cutting jobs like they’re 

going out of style, no 

one can escape the 

mental pressure cooker 

into which our culture 

has been thrown. 

And the effects of 

stress can be devastating. 

On a personal 

level, constant worry 

and tension can damage 

one’s health, relationships 

and quality of life. 

On the job, the reverberations 

can be seen in 

reduced productivity 

and an increase in workplace 

accidents. 

Ben Miller III of 

EAP (Employee 

Assistance Program) 

Care spends his working 

hours dealing with stress 

in the workplace. And 

he says recent developments in 

America have made minimizing 

the effects of anxiety and pressure 

a whole new ballgame. 

“We’ve never had to manage 

security issues resulting from 

terrorism and it’s been a while 

since we’ve had to deal with men 

going to war,” he says. “We have 

soldiers returning home, kicking 

the dust off their boots and going 

to work the next day. That’s 

stressful.” 

Historically, economic concerns 

have always been a factor, 

but Miller says the heat has 

become excruciating, which 

makes doing one’s job difficult. 

“Say you make widgets at a 

factory. As you watch what’s taking 

place in the economy, you’re 

going to worry about whether or 

not you’ll have a job tomorrow. 

Then at home, you have a kid 

acting up and a wife or husband 

spending too much money. Can 

you function properly at work 

with all this going on? No.” 

Job performance suffers, 

Miller says, because of the physiological 

effects of stress. 

“Our bodies are phenome- 

Stress on the job isn’t always a result of too much work and too little time. It can also arise from outside 

factors, such as economic turmoil, family stability and global crises. Unless managed, the effects of stress 

can be devastating. (David Laprad) 

nal. When we’re stressed, only 

the things necessary for survival 

continue to function. 

Everything else slows down, 

including your digestive system. 

Ironically, serotonin — the antidepressant 

our bodies produce — 

is made in the small intestine. 

So after we’ve been stressed for a 

while, depression sets it.” 

This puts a person on the 

fast track for anxiety, anger, hostility 

and hate. Many individuals 

cope with this process in 

unhealthy ways, such as turning 

to drugs or alcohol, ending their 

marriage or quitting their 

job. 

Miller’s responsibility 

as an EAP rep is to prevent 

stress from taking 

root, which he does 

through early intervention, 

diagnosis, assessment 

and treatment at the lowest 

level — and in the 

most cost effective manner. 

As part of his work, 

he might determine a person’s 

stress level by administering 

the Homes-Rahe 

test, which assigns numerical 

values to things that 

induce tension, and offer 

advice on changes the 

individual can make. 

To demonstrate, 

Miller grabs a pen and a 

piece of paper and scribbles 

a crude drawing of a 

man juggling several balls, 

some of which are on the 

ground. 

“All of these things 

we get ourselves into create 

stress,” he says, pointing 

to the balls in the air. 

“And we’re likely to overextend 

ourselves. So which one of these 

can you put down? Do you have 

to be involved in this civic club 

or that organization? You have 

to evaluate what’s truly of value 

to you.” 

Sometimes, there’s no 

escape, especially when work 

piles up and time is tight. To 

alleviate the ensuing stress, 

Miller suggests a number of 

activities centered on relaxation, 

including deep breathing, 

stretching, exercise, taking a 

bath, getting a massage and eating 

well. 

“Most people don’t know 

how to relax. It’s as easy as sitting 

up straight, taking a deep 

breath in through your nose, 

holding it and then letting it 

slowly out through your mouth.” 

In addition to eating well 

and getting eight hours of sleep, 

Miller says exercise is one of the 

best things a person can do to 

counter the effects of stress. “For 

years, I went to the Y every 

morning at six o’clock and did 30 

minutes of aerobic exercise and 

some strength training before 

showering and going to work. 

Exercising on a regular basis does 

wonderful things. It burns up the 

chemicals your body produces 

when you’re stressed.” 

It’s just as important for a 

person to address his mind and 

spirit, says Miller. Talking with a 

friend, seeing a funny movie, crying, 

reading and doing something 

you love can release pent-up 

emotions and relax your mind. 

“Feeding our spirit is just as 

important and keeping our bodies 

healthy.” 

In the end, reducing stress 

through the techniques Miller 

suggests can better equip a person 

to follow the advice of 

Franklin, who also said, “Don’t 

anticipate trouble or worry about 

what might never happen. Keep 

in the sunlight.” 

For more information about 

Miller’s EAP programs, email 

eapcareinc@aol.com. ❖

50 years ago... Inside... - Chattanooga Bar Association

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