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Copyright 2007. Use by permission only.
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Winklers File Restraining Order to Keep Mary Winkler Off
Oprah Show |
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By Linda Bolton
linda@mckenziebanner.com |
Mary Winkler is scheduled to appear on The Oprah Winfrey
Show Wednesday for her first-ever interview since being
convicted in April in the shotgun slaying of her
minister husband, according to Oprah’s Web site.
However, on Monday, a motion for order restraining
parties and their counsel was filed in Carroll County
Chancery Court in an attempt to prevent Winkler from
appearing on the show.
Chancellor Ron Harmon was expected to hear arguments on
the motion via telephone Tuesday morning to determine
whether Mary Winkler will appear on the show. A decision
in the matter was expected just after the Banner’s press
time Tuesday. Results of the decision will be published
on the Banner’s Web site as
they become available.
The order stated in part “It is in the best interest of
the children to live normal lives and it is not in their
interest for their private lives and problems to be
aired in the newspaper and on television. No good can
come of it. Petitioners (Charles Daniel Winkler and
Diane B. Winkler) believe that an order from this court,
restraining the parties and their counsel from
commenting on the above-styles case and any underlying
facts thereof would be in the best interest of the minor
children. An answer to the motion had not been announced
at press time.
The Winklers said they’re capable of responding to her
allegations that their son abused her and have had ample
chances to do so. Still, they don’t believe it’s proper
to try the case in the media, the motion says.
If allowed, the one-on-one interview with Oprah will air
locally Wednesday, September 12 at 4 p.m. on WBBJ-TV
Channel 7.
According to Oprah’s Web site, Winkler, 33, is scheduled
to talk about abuse within her marriage, reveal details
from the day her husband died, and share why she’s
decided to speak out now.
Mary Winkler accused her late husband, Matthew Winkler,
31, of verbally, mentally, physically and sexually
abusing her during their nearly 10-year marriage.
“Mary has a message for the public, that being that she
doesn’t want to see anyone else end up in the same
situation that she did,” her attorney, Steve Farese Sr.
told The Jackson Sun during an interview last week.
“She doesn’t want another tragedy to occur. She now has
therapy and has been made aware of all the signals and
signs of what abuse can do to you, and knows how to
recognize that,” Farese said. “And she wants to express
that to the public in hopes that she can save someone
else from going through what she’s had to go through.”
Farese told The Sun that some of the show has already
been taped in his Ashland, Mississippi office. He did
not know if Winkler could or would go to Chicago for any
portion of the show or if any of it would be done live.
Farese was asked also if Winkler was paid to do the
show.
“Absolutely not,” he said. “nobody’s been paid
anything.”
Farese, members of his law firm and Memphis attorney
Leslie Ballin handled Winkler’s criminal case pro bono
(work undertaken without payment, as a public service).
They estimated that the cost of the work they did not
the case totaled nearly $500,000.
Winkler was sentenced to 67 additional days in jail. She
spent 12 days in jail and approximately two months in a
mental health facility. She was released from the mental
health facility on August 14 and returned to McMinnville
to work and live with friends.
Winkler had asked the Supreme Court to intervene in her
court battle to regain custody of her children. On
Tuesday, September 4, the court declined to hear
Winkler’s appeal.
Matthew Winkler’s parents, Dan and Diane Winkler of
Huntingdon, now have custody of the Winkler’s three
girls, Patricia, 9; Mary Alice, 8; and Brianna, 2.
Dan and Diane Winkler are asking the Carroll County
Chancery Court to terminate Mary Winkler’s parental
rights and allow them to adopt the children.
On Monday, Mary Winkler through her attorneys Kay Farese
Turner and Rachael E. Putnam, also filed an emergency
motion asking for the return of her three children or,
as an alternative, regular visits with them. |
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Copyright 2007. Use by permission only.
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Football Dedication Night is September 21 |
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MCKENZIE (September 11) Excitement is building as the
football stadium Dedication Night and football reunion
nears. A special dedication night is planned for September
21 at the recently renovated Rebel Field in McKenzie. Plans
for the weekend include a pre-game barbecue for former
football players. Murray McCaleb and crew will prepare
hundreds of plates of pork barbecue. Former players are
invited to eat free of charge with the ticket they receive
in their invitation. Additional plates will be available for
the general public at a cost of $6.00. Proceeds benefit the
youth tackle football program in McKenzie.
Letters of invitation are being mailed to former football
players encouraging their participation in the special
event. Any former player who does not receive a letter in
the next few days should contact McKenzie High School.
McKenzie High School Principal Terry Howell wrote, “To all
former MHS football players, we will have a Dedication Night
for our renovated stadium on September 21. Different people
are responsible for different classes so all the invitations
may not have been sent. We hope that all the letters will
have been mailed by the end of the week. Please know that
even if you have not received a letter that you are a valued
alumnus of our school. We invite you to the barbeque prior
to the game and to a special recognition of football players
by the decade they played. It promises to be a special night
for all. We encourage you to attend.”
On Saturday, September 22, a golf tournament at Carroll Lake
Golf Course is planned. McKenzie High School Golf Team is
coordinating the event. Persons interested in participating
should contact Coach Larry Joe Smith.
The reunion committee consists of: Joan Gibson, Clay Kirk,
Terry Reeder, Murray McCaleb, Karen McCaleb, Jodi Johnson,
Jimmy Padgett, Kenny Mitchum, Joe F. Williams, Tommy
Patterson, Terry Howell and Joel Washburn.
For more information, write Joel Washburn at reunion@mckenziebanner.com
or write Football Reunion, P.O. Box 100, McKenzie, TN
38201-0100 or phone McKenzie High School at 731-352-2133.
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ADVERTISEMENT
Great Sale Prices at E.W. James
Supermarket
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Copyright 2007. Use by permission only.
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Mayor Responds to Sheriff’s Lawsuit,
Asks for Dismissal |
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By Joel Washburn
washburn@mckenziebanner.com
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HUNTINGDON (September 10) Carroll County Mayor Kenny
McBride filed his answer to Sheriff Bendell
Bartholomew’s complaint filed August 31 in Carroll
County Circuit Court by Matt Maddox of the law firm
Maddox, Maddox, and Maddox. McBride answered the
particular itemized complaints and asked the sheriff’s
lawsuit be dismissed by the court.
McBride’s response was filed Monday by county attorney
Robert T. Keeton, Jr. of the Keeton Law Offices in
Huntingdon.
Tennessee law requires the suit be filed against the
county mayor, who is the chief fiscal officer of the
county.
Circuit Court judges Creed McGinley and Donald Parish,
who serve Carroll County, have recused themselves from
hearing the case and the Tennessee Supreme Court will
appoint a judge. McBride said, “More than likely, it
will be January (2008) before the case is heard.”
Bartholomew, who was first elected in 1994, requested an
increase of $1.3 million for his department including
pay increase requests ranging from 28.2 percent for the
chief deputy to 6.1 percent for jailers. The sheriff’s
salary is set by state law.
The sheriff’s request for an additional $1.3 million
appropriation was denied by the Carroll County
Commission when the 2007-2008 budget was approved August
14.
In his lawsuit, Bartholomew requests additional
personnel including nine additional deputies; and 16 new
patrol cars including a four-wheel drive Ford Expedition
for himself. In the suit, Bartholomew said the
department lacks sufficient personnel, equipment and
supplies to perform all statutory and constitutional
duties and those duties are not being performed because
of lack of funding.
During a Purchasing Committee meeting last week, a total
of nine new police interceptor Ford Crown Victorias were
approved for the Sheriff’s Department at a price of
$23,170 each. Delivery is expected in 60 to 90 days from
Tri-County Motor Company of McKenzie, the successful
bidder. The new cars were included in the 2007-2008
budget approved in August. Bartholomew has the
discretion to trade-in any of the current fleet as he
wishes, said McBride.
Bartholomew requests the following number of personnel
and pay schedule: one chief deputy at an annual salary
of $42,382; 21 deputies at $31,213.55; four sergeants at
$35,076.02; three investigators at $34,099.02; eight
dispatchers at $27,079.47; one chief jailor at
$34,237.72; nine jailors at $26,358.47; one clerical
person at jail at $27,350.58; and one cafeteria person
at $24,339.80. Additionally, the sheriff requests
holiday and overtime pay for all employees, a three
percent annual increase for all employees over and above
the requested performance salary increase.
In June, 2007, Carroll County Sheriff’s Department had
11 road deputies, four sergeants, one chief deputy,
three investigators, four dispatchers, and 10 jailers.
The county, represented by McBride, requests strict
proof why the sheriff needs the additional deputies and
vehicles. State statutes do not authorize the court to
mandate vehicles, said McBride’s response. The response
also says, “It is denied that the sheriff is entitled to
any personnel (as set forth in said paragraph) as to the
number of deputies or assistants other than those
approved by the Budget Committee of Carroll County for
the year 2007-2008, as the complainant does not
establish the necessity, therefore or reason for any
increase in salary, or create any fact situation to show
the inability of the sheriff and his department to
perform their statutory duty…Further, this court has no
jurisdiction to award an increase in the number of
personnel, or salary in assisting in ex officio duties.”
McBride said Bartholomew’s lawsuit has additional
requests that were not in the original requests to the
Budget Committee. “The sheriff has failed or refused to
state or demonstrate the necessity for an increase to
the county Budget Committee or to the legislative body
of Carroll County, thereby leaving the county with the
only explanation being, “This is what I (sheriff) want,
and if I don’t get it, I’m going to court” without
consideration of the needs of other departments of the
county, the revenues of the county, as to the
availability of funds or the lack thereof, based upon
anticipated revenues coming to the county of Carroll ,
or establishing any current need as to his present
department, as to why he is unable to now perform his
statutory duty as he and his department have done in the
past.
“Further, the Budget Committee and legislative body of
Carroll County increased the funding for the sheriff’s
department for the fiscal year 2007-2008 without any
participation from the sheriff or his representatives,
as it did for all other participating departments or
offices.”
Bartholomew indicates the need for more manpower due to
the growing rate of drug arrests and the increasing
duties of his department to serve court papers, respond
to calls throughout the county, respond to motor vehicle
accidents, transport prisoners, and provide courthouse
security during court proceedings. The department is
additionally responsible to investigate acts of domestic
violence, monitor all sex offenders, and operate the
jail. Bartholomew’s petition indicates planned “security
measures originally designed to be implemented in the
recent courthouse renovation could not take place
through architectural or contractor error, even though
budgeted to be paid for out of the courthouse renovation
tax.”
McBride’s response said that the sheriff’s own reports
to the Tennessee Bureau of Investigation indicate an
overall decline in crime and arrests in the county of
Carroll. As for the courthouse renovations, which
occurred from August 2005 to August 2006, McBride
indicates that all safety measures, originally planned
for the courthouse, were implemented. There were no
omissions, said McBride.
The sheriff’s lawsuit indicates the county’s population
increased 7.1 percent from 1990 to 2000 and is
anticipated to grow more rapidly in the near future
especially with the construction of the new recreational
lake, scheduled for completion in 2010 or 2011. Carroll
County has approximately 30,000 citizens, 599 square
miles of land mass, and 1,100 miles of state, city, and
county roadways, according to the lawsuit.
McBride’s answer indicates the sheriff cited incorrect
population figures. The U.S. Census Bureau estimates the
county’s population has actually decreased since 2000,
not increased.
According to census.gov, Carroll County’s 2006 estimated
population is 29,060.
The suit says, “The salaries for the current employees
of the Carroll County Sheriff’s Office are not
sufficient for the retention of current experienced
employees nor for the attraction and hiring of new
qualified employees. Salaries in adjacent counties for
similar positions are higher than those budgeted now in
Carroll County.”
The mayor replied, “The sheriff has not shown an
inability to perform his statutory duties because of
lack of funding, nor an inability to retain or hire
deputies, as the salary at present equals, is comparable
to, or exceeds that of local law enforcement in
surrounding counties of like population, and most
especially if one calculates benefits with salary. The
reply indicates the sheriff is under statutory duty to
show the necessity for more deputies and the number
needed, with salary, and has the burden of proof to show
that he is unable to perform his statutory duties. He is
further required to show he devotes his full time and
that he is unable to perform his duties absent
additional funding.
Maddox told WBBJ-TV that the county would not be in this
situation had the the county mayor and the county
commission done its job over the past 15 years. During
the time period state by Maddox, the county has been
served by four county mayors – Wesley Beal, Walter
Butler, Billy Murphy, and Kenny McBride, and two
sheriffs, Doug Brandon and Bendell Bartholomew.
At the close of June 1994, when Bartholomew took office,
the department budget was $662,000 annually. Today, the
department’s annual budget is $1,948,214.
Mayor Kenny McBride said the sheriff's request would
have required a tax increase of 43 cents per $100
assessed value on real property. That’s approximately a
tax rate increase of 43 percent. Commissioners set the
tax rate at $1.00 per $100 assessed value, an 8.6
percent increase over the certified rate to fund the
2007-2008 budget including the three percent raise for
all county employees.
The mayor said the county already pays 75 percent of
both workers' and dependents' major medical insurance
for participating county employees. Very few counties
offer such a generous insurance package, according to
McBride.
The county's monthly portion of the health insurance
coverage, provided by Blue Cross-Blue Shield, is $383
for individual, $766 for two persons, and $1,079 for a
family on Network P, or $356, $712, and $1,003
respectively for Network S.
The sheriff's budget was first discussed in May when
Bartholomew first presented his requests to the Budget
Committee. At the first and subsequent Budget Committee
meetings, Bartholomew was accompanied by Maddox or a
representative of his firm.
The county is obligated by state law to pay all legal
costs for the plaintiff and defendant.
In the motion to dismiss, the mayor indicates the
sheriff’s duties are the same since he was first elected
in 1994. Bartholomew “fails to state a factual basis for
the necessity for more deputies, the number required,
and the salary to be paid,” according to the motion to
dismiss. He notes the court has no authority to compel
the county to purchase new vehicles. The sheriff
currently has 28 vehicles in inventory and the county
has approved nine new patrol cars in the 2007-2008
budget as well as salary increases and other benefits.
“The sheriff has failed in his pleadings to show how he
is unable to perform his statutory duties with his
presently authorized assistants and that the additions
are necessary to enable the sheriff to perform such
deputies,” read the motion to dismiss. “Additionally,
the petition filed (by the sheriff) is not a sworn
petition as required by statute in Tennessee Code
Annotated.” |
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Copyright 2007. Use by permission only.
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Early Morning Fire Destroys Huntingdon Warehouse |
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By Joel Washburn
washburn@mckenziebanner.com |

Firefighters battle a blaze at the former office area of
the old shirt factory in Huntingdon.
Additional photos in our
photo albums.
HUNTINGDON (September 7) – Members of the Tennessee Fire
Marshal’s office were in Huntingdon Monday investigating
the cause of a major warehouse fire last Friday. The
former Publix Shirt Factory was reduced to a burned heap
of twisted metal, smoldered wood and collapsed brick
walls following the 5:30 a.m. fire.
The 33,293 square-foot building, which served as
Jordan’s Trading Post’s warehouse, on Murray Lane,
ignited early Friday morning. The Jordan family said
“hundreds of thousands of dollars” worth of furniture
and appliances were destroyed in the blaze. Owner Robert
Jordan said he did not have insurance.
Neighbors said the building suffered from disrepair. It
was originally built in the late 1940s, occupied by
Publix Shirt Company until it closed in 1994. Later the
Thomas Bradford Shirt Company opened there and closed in
early 2000.

The Jordan family watch as
their furniture warehouse burns to the ground.
The first report of the fire came from a person walking
who “smelled smoke,” said Public Safety Director Joe
Parker. A firefighter went to investigate and found
flames coming from the sixty-plus-year-old building. The
fire department was activated at 5:30 a.m. Other
responding departments included the Mixie,
McLemoresville, Pumper 1, based in Huntingdon. Parker
said Mixie did an excellent job preventing the fire from
spreading to adjacent building at K&P Recycling.
Students at the nearby Huntingdon Primary School were
excused prior to the start of school Friday. Any
students who had already arrived to begin their school
day were bussed to the Huntingdon Middle School, where
parents were encouraged to retrieve them.
Emergency personnel went door to door in the
neighborhood to evacuate occupants downwind of the
blaze. Parker said approximately 30 to 40 nearby homes
were evacuated on Mebanewood, Jones, and Armory streets.
Smoke from the burning structure could be seen for more
than 10 miles.
The Carroll County HazMat team was activated to assist
along with an air quality monitoring team from Union
City. Residents, except those on Mebanewood, were
allowed to return home Friday afternoon. Mebanewood
residents were allowed to return Saturday afternoon,
said Parker. Surprisingly few homes had significant
smoke damage, said Parker.
The good news is that recent rains ended drought
conditions in the area. Rains last week kept the blaze
from spreading to nearby houses and lawns, said Parker.
Firefighters did an excellent job of monitoring nearby
homes, said the chief. Heavy rains Friday afternoon
provided welcome relief for the firefighters. Parker
said the rain “cooled” the fire and aided in the battle.
Volunteer firefighters kept around-the-clock vigil at
the scene until the Fire Marshal’s office arrived
Monday. Parker said the volunteers extinguished small
flare-ups and provided security. Members of the Fire
Marshal’s Office from Nashville, and local associates
Johnny Hayes and Steve McClure assisted with the
investigation.
Law enforcement officials from Huntingdon, Tennessee
Highway Patrol and associates of the Huntingdon Public
Works Department blocked streets to prevent sightseers
in the area. Carroll County Electric Department shut off
power to the neighborhood, later isolating the outage to
the former factory building.
Parker said he wants to personally thank all the
volunteers who assisted at the scene. |
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Copyright 2007. Use by permission only.
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Postal Service Removes Stamp Vending Machines |
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By Jimmy Gilliam
sports@mckenziebanner.com |

The U.S. Post Office at McKenzie where the
stamp vending machine was removed on September 5.
MCKENZIE (September 10) The United States Postal Service
removed stamp vending machines in area offices on
September 5. Officials stated that the machines were
approximately 20 years old, with some machines in need
of repair and replacement parts difficult to obtain.
Officials commented that statistics show that only 7% of
the people nationwide use the machines since there are
so many other ways to purchase stamps.
To purchase stamps at the U.S. Post Office, the customer
service hours are 8 a.m. - 4:30 p.m. (Monday - Friday)
and 8:30 a.m. - 12 p.m. (Saturday).
Other ways of ordering stamps are also available, such
as ordering online at www.usps.com; by calling
1-800-STAMP-24; or ordering by carrier by way of
supplied envelopes. |
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Copyright 2007. Use by permission only.
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Judge Declines to Issue Restraining Order; Winkler on
Oprah Show Wednesday |
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Chancellor Ron Harmon of the 24th Judicial District declined
to issue a restraining order prohibiting Mary Winkler from
appearing on the Oprah Winfrey Show Wednesday, September 12
as planned. He also declined to issue a gag order. The court
announced its decision shortly after noon Tuesday.
In addition, Judge Weber McCraw, who conducted the criminal
trial and sentencing of Mary Winkler, prohibited her from
traveling out of state except to her attorney’s office in
Mississippi.
Mary’s taped appearance on Oprah is scheduled to air locally
Wednesday at 4 p.m. on WBBJ-TV Channel 7. |
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