Thursday, September 12, 2013
Frightmare Manor Opens Friday 13th
Monday, May 21, 2012
Saluting A Tennessee Pioneer: Evelyn Bryan Johnson
Johnson, who died May 10 at 102 in an assisted living facility in Jefferson City, Tenn., held the Guinness World Record for logging the most hours in the air for a female pilot. By the time she stopped flying, she had logged 57,635.4 hours, or more than 6 1/2 years in the air.
At the time of her death, Johnson had flown an airplane more hours than any living pilot."
Johnson was inducted into the National Aviation Hall of Fame in 2007. She also was an inductee in the Women in Aviation International Pioneer Hall of Fame, the Flight Instructor Hall of Fame and aviation halls of fame in Tennessee and Kentucky.
"Evelyn loved flying, and she loved teaching," said Bob Minter, founder and chairman emeritus of the Tennessee Aviation Hall of Fame. "There are airline pilots today flying around the world that Evelyn trained, both men and women."
Tuesday, March 06, 2012
Morristown Gets Slapped With Half-Million Bank Seizure
In a case that was brought only after Morristown refused to acknowledge problems with the Witt sewer line and refused to repair and rehabilitate that line, the City spent thousands in attorney fees for its lawyers, had to pay attorney fees and costs for the Plaintiffs' lawyers, and ended up under a court-order to fix the Witt line. [The Tennessee Municipal League (TML) paid initial attorney fees but that stopped at some point and then Morristown was directly on the hook for paying the City's defense team]
All this money was spent because the City ignored a serious problem with the Witt sewer line that was brought to its attention as soon as Koch Foods hooked up to the Witt line around 2005.
And the City would likely still be ignoring the problem today if several gutsy Witt residents hadn't hired a lawyer after deciding that they had taken enough of the City's stonewalling and odors and overflows.
During the lawsuit, Judge Greer blistered the City in discussing the City's "malfeasance" in handling its finances, making illegal money transfers, failing to provide critical documents, ignoring recommendations of its experts, etc.
With two consecutive years (2009 and 2010) of the sewer fund being "in the red," you have to wonder if the City's appeal of the attorney fees and other costs was just another in an ongoing series of delaying tactics to avoid acknowledging the financial morass that has been present for years and years."
Wednesday, February 01, 2012
Local Referendum Vote May Be Overturned By State Legislature
Tuesday, December 06, 2011
Rep. Casada Wants Local Government to Meet in Secret Sessions
| Rep. Glen Casada |
Thursday, October 20, 2011
More Secrets of Frightmare Manor
I can tell you that the pure enthusiasm from Chris and his crew of Frightmare Fiends is enormous. As they have said before, for them, running Frightmare Manor is like Christmas for them.Their delight is indeed much like a wide-eyed child on Christmas morning - except of course, the child here is rather demented and deeply devoted to making you shriek out loud many times, no matter what your age.
So Chris, tell us a little about the planning that goes into this huge event. Do you have a regular team of creators involved?
Tell us what a visitor can expect from the four different attractions at Frightmare?
What can you tell us about the tales of a serial killer on this property?
"Jeremiah Lexer was the original property owner of this entire plantation around the turn of the 18th century. The past 2 years we have focused on more recent, controversial events surrounding the 2001 closing of the
successful restaurant on this property. Over the past year, we have dug into the record books and unearthed a lot of forgotten (or hidden) information about Jeremiah Lexer and his original homestead. We believe
Haunted House customers want to experience TRUE TERROR. Because of this, Frightmare Manor will remain at the old Jeremiah Lexer Plantation. We will continue to learn and share with our customers the evidence over the next few years."
This must take a lot of work from performers and tech crews - about how many people are involved?
"Many Haunted Attractions choose to use volunteers to staff their event. Frightmare Manor is proud to employ close to 80 staff seasonally. Most of our actors tell us it's an experience they would do for free, but we believe our actors truly appreciate the payment and we feel they absolutely deserve it! Working at Frightmare Manor is a unique experience and we have hundreds of applications per year. Providing seasonal employment to our community is truly a joy for us. It's a true Win-Win!"
I can verify for you, dear reader, since I worked at Frightmare last year, that everyone involved works very, very hard to make your experience unforgettable and uncanny.
Don't miss it!
'Grand Guignol' Opens At Relix in Knoxville
Titled "The Ghastly Gala of the Grand Guignol", the show draws from the legendary productions of melodrama and mayhem of live shows in Paris in the late 19th century, shows which dared to shock, scare, and amaze audiences with theatrical madness. As the Wild Thyme Players explain on their website:
"The Theâtre du Grand Guignol, located in the bohemian Montmartre district of Paris in the late 19th century, was famous for its mystery and horror plays. These performances later inspired works by Alfred Hitchcock, Stephen King and Quentin Tarantino. Project Director Courtney Woolard says, “Grand Guignol was innovative and provocative theatre for its’ time, and remains relevant today as the basis for many of the modern horror films we love to scare ourselves with.”Woolard explains that Grand Guignol translates into “puppet master,” and the performances are designed to manipulate the audience’s emotions with a “hot and cold shower” of horror, eroticism and comedy."
How about a little more enticement? Thursday's show is only 10 dollars, Friday is 15 dollars, so attend one or both and be prepared to wade deep into the disturbing world of the Grand Guignol. This show does include a parental warning -- Due to the adult nature of this show, parental discretion is advised. For more information call (865)325-9877
Sunday, June 19, 2011
Morristown Coal Gasification Plant On A Very Fast Track
"So, what are you saying, Joe? For or against?
On the one hand, I - too - can understand everyone's concerns about no further information being available about the company. However, on the other hand, everything new starts some where. And, when figures such as - 1 million gallons of water and X amount of trucks using our local highways...are released to the 'general' public...we are not going to see that in perspective as to "that's the way business of this type is done." But, we are going to have a huge 'knee jerk' reaction because of the large numbers.
Having just discovered your blog, and being impressed with your being a local and the adequate amount of research shown in your backstory - I may not be discernable about what you are trying to say?
Are you preaching for - or against?"
I offered a somewhat lengthy response, but the short answer is that I am neither for or against, and how could I be as I am absolutely full of questions about this enormous industrial proposal. (And yes, that does in fact mean that once I ask any questions, some officials in town will label me as some cruel hater of development and jobs, and that opinion is without a doubt a load of horseshit and a sure sign some details are being intentionally withheld by The Powers That Be. And being reduced to respond to if I am "for" or "against" the project is sugar-coating and denies my right to know how my government works, and how my tax dollars are spent, so I expect my local damnation will be the line being "preached".)
And I'm very concerned the city of Morristown is moving fast while critical unknowns cloud the project, which I mentioned in my previous post, that 113 tractor trailer trucks a day will be leaving the facility traveling on Highway 25-E and Interstate 81, that the plant needs a million gallons of water a day, but will reclaim much of that by building 3 retention ponds which will hold some 900,000 gallons of water, and that there has simply been no public discussion yet about this new start up company and their plans - plenty of private meets, yes, but zero public ones.
All this happens within days after elected and appointed officials in Cumberland County demanded more information about the project and the folks from Freedom Energy Diesel immediately abandoned their plan to locate there and locate in Morristown instead. FED's CEO Bernie Rice told the Cumberland Co. folks that Morristown was "already nailed down." So rather than answer questions, the company went to Morristown, for the fast, non-questioning approach.
And the city is wasting no time in pushing the project into place. A June 12th Citizen Tribune article called the project a "miracle" - and two days later the Morristown Regional Planning Commission voted to annex 3 tracts of land for the company and to expand the existing rail lines for the plant which needs 100 rail cars of coal every other day - well, only some of that Commission approved it - the chair of the Commission, Jim Beelart was not at the meeting, the newly elected Mayor, Danny Thomas, was not at the meeting, and city councilman Bob Garrett was not at the meeting, and MRPC member Ken Smith was not at the meeting either.
The city's engineer, Jeff Branham, says fast action is "necessary" so the Georgia-based company can meet their deadline of delivering diesel fuel made via a coal gasification project in August of 2012 - that means working fast to excavate 1.2 million cubic feet of soil, construct a 570,000 square-foot building and extend the rail line before the company can ship its product. Tennessee Department of Environment and Conservation officials began inspecting the site on Tuesday, but no word yet if the Tennessee Dept of Transportation has seen any plans or will just rubber stamp a project Rice claims already has the approval of Governor Haslam.
Speedy work continues - even as the city of Morristown is under some very expensive fines and very harshly worded critical rulings from Federal Judge J. Ronnie Greer for "malfeasance" involving millions of dollars over the enormous problems with the sewer system near that industrial park, in the Witt community. His recent judicial order, as covered on the blog Noe4Accountability, reveals a city in a deep financial hole and working hard to hide their many problems with money and with the state and with the sewer and water in that part of town -- here's just a sample of his anger on how Morristown has been doing business:
"...the efforts the City had to undertake “to get its financial house in order” were a result of its own malfeasance. The State Comptroller’s Office required the City to meet certain conditions before the City was allowed to incur any new debt as a result of an illegal transfer and other issues found in an audit of the City’s finances. The Comptroller’s Office made this clear to the defendant on May 21, 2010, just 10 days after this Court’s hearing where the City represented to the Court that the rehabilitation of the line could be completed by June 30, 2011. The fact that the City could not incur new debt was reiterated to the City on June 21, 2010. Thus, it took time to satisfy the conditions, which delayed the SRF loan, and which delayed the rehabilitation of the line.
It is clear from the record that the City was aware as early as May 21, 2010, that it could not receive the funding to rehabilitate the line. However, the City did not inform this Court of the problems in receiving the funding necessary to rehabilitate the line. In the months thereafter, the City never communicated any difficulty in receiving funding to this Court. It never communicated to this Court that it could not meet the schedule it represented to the Court at the May 11, 2010 hearing. This failure is inexcusable. The City knew that its proposed schedule could not be met and that problems with the Witt sewer line would persist until the line could be fully rehabilitated. Evidence shows that overflows have continued, endangering the environment and human health. Such a failure to inform this Court cannot be ignored. For these reasons, the oral motion to reconsider the decision regarding the issuance of civil penalties is DENIED."
You can read his full opinion here.
City residents have been slammed with year after year of price increases to expand and update the city's aging water and sewer systems -- and this new industrial plant will be a huge new burden on that system.
I do sympathize that new companies, new businesses and new technologies get asked lots of questions. From my own experience, I know the kinds of grilling people ask of you when you propose a project of just a few thousand dollars - and hundreds of millions are at stake here, but there seem to be few questions from the city.
But despite the city's immense problems with their own financial operations, their sewer and water problems, their track record for leaving the public in the dark when it comes to plans for development, I heartily agree that alternative fuels must be a priority locally and nationally - but burning coal isn't a new idea. And I rather wish our community had leaders like those in the Cumberland County area which dared to ask this new, unknown and untested company some tough questions, as noted in another story about the move to Morristown in the Crossville Chronicle:
"Well, obviously I hate that we lost the opportunity for jobs coming here ... We will continue to look further to bring companies and jobs into that park. ... I hope it's a success in Morristown because it could be the groundwork for more plants in the future," Cumberland County Mayor Carey said.
"We appreciated the hospitality of the Chamber and mayor and the professionalism of the staff in Crossville. Our decision was nothing against Crossville," William Daniels, Corporate Operating Officer of Freedom Energy Diesel said.
The Plateau Partnership Park is a joint project of Cumberland, Morgan and Roane counties that was started in 2007 to bring economic development to the tri-county area.
"The jury was out with me on the project. I felt like we didn't have enough information on the technology or the company for me to support the project, but I wish Morristown and Hamblen County the best. If it wasn't a new start-up, capital venture and had a proven track record, it would have been worth it, but at this point I was not sold on the project. I had concerns and did not feel comfortable with how it was presented," Roane County Executive Ron Woody said.
"I think that the company (Freedom Energy Diesel) had a much faster pace in mind than what the Plateau Partnership Park board thought," Mayor Carey said.
According to the Citizen Tribune, construction on the new facility in Morristown is expected to begin as soon as possible and plant operations are to begin by November 2012.
Although officials in Cumberland County were told by Freedom Energy Diesel's CEO Bernie Rice the plant would bring a minimum of 150 jobs to the area at the start, the plans for the plant in Morristown state the facility will bring approximately 450 jobs at the start of operation and add 150 more in future expansions.
"I think there was some miscommunication with the state on the paperwork and that 150 jobs was multiplied by 3 shifts for a lot more jobs than what we originally thought," Mayor Carey said.
The location announcement was made by Eric Staton, Chief Science Officer with Freedom Energy Diesel. The plant will be located on land purchased by Freedom Energy Diesel in the East Tennessee Progress Center near Interstate 81.
The plant will use an optimized coal gasification process co-developed by D4 Capital Holdings, LLC., Battelle Memorial Institute and Dynawave Inc.
The process, which is promoted by Freedom Energy Diesel to be the latest in technology and superior to current models in production, uses plasma technology to create extremely high temperatures which turn solid materials to gas, allowing the elements to be captured and turned into new compounds with relatively little loss of energy.
When Roane County Executive Ron Woody questioned the technology of the coal gasification process and its pollutants during the meeting in Cumberland County, Daniels likened it as to comparing the technology of a rotary telephone to an iPhone.
"This is new technology that is the latest and best," he said. "You can't compare it."
Morgan County Executive Don Edwards cautioned the Industrial Development Board at the Cumberland County meeting with Freedom Energy Diesel saying, "I think you need to make sure before you step into something that you know what you are getting into."
Some background info on coal gasification for synthetic fuels:
Australia recently began doing it via underground operations.
China has been doing it too, at a cost of about $50 per barrel of fuel, though they note that the underground process may be a far more efficient technology than above-ground plants.
Source Watch report on other nations using coal to diesel production and their results, including a report that burning synthetic coal fuel in vehicles creates twice as much carbon emissions than gasoline burning vehicles.
Wednesday, June 15, 2011
Class Action Lawsuit Filed Over Erwin Nuclear Plant and Cancer Rates
"Attorneys from three states filed a class action lawsuit today against Erwin's Nuclear Fuel Services.
Law firms from Greeneville, New York and Rhode Island claim emissions from NFS are to blame for high rates of cancer.
Attorneys are fighting for their clients to get compensation for personal injury and property damage.
“No one wants to face the truth here and the truth is, I have highly enriched uranium on my property and I am 21 river miles downstream,” says Park Overall who’s one of the main advocates of the lawsuit against Nuclear Fuel Services. “I began to hear about all this cancer here, and we started to look into it. These chemicals and radioactive isotopes are related to particular cancers that we have too much of in the area.”
Overall says Monday's filing of the class action lawsuit is the biggest step so far for the Erwin Citizens Awareness Network (ECAN). ECAN is a group that’s researched NFS’s emissions dating back to 1954.
“The paperwork tells the true story, the lack of public regard for health and safety,” explains Overall. “How much was spilled. how much went in the air.”
Attorney John Rogers is with the Greeneville firm who agreed to take on this case, and Monday he filed the 40 page suit with the Federal Courthouse in Greeneville.
“[We} filed in United States District Court seeking compensatory and punitive damages for those personal injuries and also property damages.”
He says there's proof that NFS's chemicals have caused harm to it's neighbors.
“You don't have to go very far away from the nuclear facility itself to run smack dab into the pattern of significant cancers that greatly exceed the national average,” says Rogers. “There are about 20 cancers that science can trace to exposure to materials such as those being emitted into the environment.” Those radioactive materials linked to cancer he says are like those manufactured at companies like NFS.
Right now, there are about 20 names on this class action law suit.
Once attorneys review more medical records and backgrounds, the number of people suing NFS has the potential to reach the hundreds.
NFS issued this statement on the lawsuit.
"Although the company can not respond to the specific allegations. We take our environmental health and safety obligations seriously and we routinely monitor the work place and our employees to ensure we maintain a safe work place. We also monitor our emissions and the surrounding environment to ensure our operations are not adversely impacting the environment. NFS firmly believes that it's operations have not harmed anyone in the community and the company will vigorously defend itself against any lawsuit alleging otherwise."
New Coal Gasification Plant Abandons Cumberland Site, Lands In Morristown Days Later
After public notice of the Cumberland project was published in the local press, a public meeting was held to discuss some key issues, such as the value of the 100-plus acres of land the counties would donate to the company, and that both elected officials and residents were concerned that the massive amounts of coal which would be needed, the massive amounts of water needed and the fact that other infrastructure needs - roads and rail access - did not exist. Ron Woody, Roane County Executive said he had not been able to find much information about the company and was eager to here more from them.
That meeting - reported in the Knoxville News Sentinel - was May 27.
A few days later, a June 2nd article in the Crossville Chronicle quoted Freedom Energy Diesel CEO Bernie Rice on the project:
"He further said the fuel is already sold and the majority of it would be used in the Knoxville, Nashville, Chattanooga region of Tennessee.
The company was recently organized and Rice could not reveal who the principal investors in the company were, other than saying they were technology-based.
(Chief Operating officer William) Daniels said the "stealth" of the project was part of the plan and thanked Crossville-Cumberland County Chamber of Commerce Director Beth Alexander; Gary Human, jobs development specialist with the state of Tennessee economic and community development; and Cumberland County Mayor Kenneth Carey for keeping quiet about the project."
On June 12th, the Morristown newspaper announced that a deal had been made over the weekend for FED to build their plant in Morristown, hiring some 450 employees to begin and then add another 150 jobs by the time the facility is completed. (The local paper has a paywall for archived articles, so I can't link to it, but I did copy some of the info from that story which I'll include below.)
FED says their operations will take in tons and tons of coal daily and convert it to a synthetic fuel which will be turned into diesel fuel. The process requires about one million gallons of water every day, though they say they reclaim much of that and will keep about 900,000 gallons of water on site in retention ponds. The company goes on to claim the process produces very little air pollution, but is mum on what materials might be released. Typically, such plants created much more carbon dioxide than traditional oil refineries. And I've seen no information on any other type of releases into the soil or water mentioned.
Certainly, new energy technologies are urgently needed.
But, there are many questions that should be answered. FED says their work will create an enormous amount of traffic on local roads and rail - for example, 100 rail cars loaded with coal are required every other day for the plant's operations, and every day some 113 tractor trailers will exit the facility, loaded with diesel fuel, and onto Highway 25-E and Interstate 81.
No mention is made in the Morristown paper of the sale or cost of the land FED wants, but does add that other 'infrastructure needs" (road and rail) will come from state grants and that FED will be applying for other grants from TVA.
As I said, urgent need for new energy tech concerns us all. But it is rather odd to me that I saw no notice of any public notices about this new facility (perhaps they will come later) and hopefully the Tennessee Department of Transportation speak publicly about the massive increase in tractor trailer traffic on already heavily traveled roadways.
I wonder too - why did the counties in Middle Tennessee drop their plans, and how much dealing was done to land the project in a new location in just a few short days?
Some excerpts from the Morristown newspaper article:
"Freedom Energy Diesel – in conjunction with the city of Morristown, Hamblen County and the state of Tennessee – announced this weekend the company has agreed to create a first-of-it’s-kind coal gasification facility in East Tennessee.
Construction is expected to begin as soon as possible and plant operations are to begin by November 2012.
The closed-loop facility – which represents a $405 million investment – will employ about 450 people in the first phase and then add another 150 jobs about 18 months later, according to sources.
"This is a miracle for Morristown," said R. Jack Fishman, chairman of the Morristown Industrial Board. "It’s a prayer answered."
At full capacity, the plant – which will cost around $405 million to construct, including equipment – will send out 113 tractor trailers of diesel fuel a day, require 100 rail cars of coal every other day and will be in production six days a week.
Training for all future plants will be conducted at the Morristown facility as well. The plant – on 115-plus acres – will be a total of 570,000 square feet with 25,000 of that dedicated to office space. Construction on the plant will begin immediately and the company plans on beginning deliveries of diesel fuel to its customers in the 3rd quarter of 2012.
The D4 process will use a million gallons of water per day but recycle 900,000 gallons kept on a trio of retention ponds on the property
The citizens group, SOCM, sent out information prior the public meeting in Cumberand County and included some of their concerns:
Plateau Partnership Park is a joint project of the three counties to encourage and develop economic development. As an incentive to attract industry development, the Industrial Development Board will consider giving away significant acreage to Freedom Energy Diesel. Please tell the Industrial Development Board that business development is very important to the area, but not at the expense of our health and environment.
Coal liquefaction has traditionally been a more expensive form of energy production (compared to natural gas and oil), but as oil prices increase, other forms of energy production such as coal liquefaction and fracking are being analyzed more closely. The coal liquefaction process involves first converting coal to gas and then into a synthetic fuel. Liquid coal requires huge amounts of both coal and energy.
Carbon dioxide production, limited utility infrastructure, and large amounts of water needed for this form of energy production are some of the major concerns that policy makers will need to address."
SEE LATEST UPDATE HERE
Monday, May 09, 2011
Human Trafficking Ring In Hamblen County
Sheriff Esco Jarnigan says women were forced into prostitution and moved all across Tennessee and Kentucky to locations in Morristown, Johnson City, Knoxville, Nashville and Louisville, Ky. to prevent them from establishing ties to the community or formulating escape plans.
WATE filed this report.
This brutal slavery is on the rise in Tennessee - as recent reports from Chattanooga and Nashville show - and the state has been working to make the punishment for these crimes greater and to provide more aid to victims of the crime.
Monday, April 11, 2011
Morristown Legislator Don Miller Is Now Snoop Doggy Dog Miller

Morristown legislators Rep. Don Miller and Sen. Steve Southerland had their plans for re-naming the TN Highway Patrol as the state's Police Force shot down last week - and Rep. Miller was dubbed Snoop Doggy Dog Miller in legislation which he also signed on to sponsor, saying "I didn't know what I was signing at the time".
Tom Humphrey has the story:
"The bill (HB1835) then became the subject of joking on the House floor about possible name changes for the sponsor, Republican Rep. Don Miller of Morristown, and Col. Tracy Trott, the commander of the Highway Patrol who pushed for passage.
As approved earlier by the Senate 33-0, the bill would change the official name from Tennessee Highway Patrol to "Tennessee State Patrol." Trott, Miller and Senate sponsor Steve Southerland, R-Morristown, say the idea is simply to reflect that the agency has broader functions than enforcing traffic laws.
In the House floor debate, Miller said Trott has sent an email to troopers around the state and that responses showed officers supported the name change by a 6-to-1 margin. But several lawmakers - including Republican Reps. Scotty Campbell of Mountain City, Matthew Hill of Jonesborough and Curtis Halford of Dyer - said troopers they had spoken with opposed the change.
---
"By tradition, House members engage in a round of joking at the expense of a freshman legislator passing his or her first bill on the floor. Though freshman Miller's first bill was not passed, Rep. Phillip Johnson, R-Pegram, went ahead with the joshing, proposing a mock bill - House bill 1010, since Miller represents the 10th House District.
The bill, read aloud on the floor by Johnson, declared that Miller would henceforth be known as "Snoop Doggy Dog Miller." Trott, in turn, would be known on weekdays as "Colonel On-the-Spot Trott" and, on weekends, as "Colonel Too-Hot-to-Trot Trott."
UPDATE: Taking heat for the name change and the high costs involved (and being the butt of jokes from other legislators) Rep. Miller is trying to chore up the talk about his proposed bill -- but the costs would be higher and a good point had been made that using additional funds to hire more officers might be a better approach. Again, Tom Humphrey has the story:"According to the Safety Department, out of the THP's $91 million budget in 2009-2010, designated spending on non-traffic enforcement areas included:
--Executive Protection $1.9 million
--Special operations: $1.6 million.
--Capitol security: $1.5 million.
--Criminal Investigative Division: $1.5 million.
--Office of Professional Responsibility: $820,700.
--Aviation: $573,000.
--Governor's Marijuana Task Force: $518,500.
Monday, April 04, 2011
Hamblen County Man's Actions Not Protected "Free Speech" Says TN Supreme Court

A June 24, 2006 anti-immigrant and very emotional rally held in Hamblen County on the lawn of the courthouse drew a massive police presence and one would-be attendee, then 61-year-old Teddy Ray Mitchell, was arrested for disorderly conduct. The case against Mitchell has been moving through the courts for five years and the Tennessee Supreme Court has now issued a ruling in the case, a 4-1 decision that found Mitchell was guilty of disorderly conduct. (The opinion written by Justice Gary Wade is here.)The photos above, showing a tank-like vehicle and heavily armed police, are from that hot day in June (mentioned previously on this blog here and here). There were snipers on the roof above the crowd as well. Obviously there was a great deal of fear and concern from police, who seemed to be expecting a very dangerous atmosphere at the rally.
Mitchell was first convicted, but an appeals court overturned that verdict and the case went to the State Supreme Court in a break from their usual business. Reporter Jamie Satterfield of the Knoxville News Sentinel has a story on the decision here.
The case centered over whether or not Mitchell's conduct was threatening and crossed a line protecting free speech. The court majority says yes. Mitchell was certainly using abusive racial insults towards the police, and police also wanted to bar Mitchell from carrying an American flag into the rally since it was on a large pole which they feared could be "used as a weapon".
A dissenting opinion from the Supreme Court by Justice Sharon Lee says Mitchell's conduct was not disorderly and that he was protected by the right of free speech. Some excerpts from her opinion:
"Anticipating a possible confrontation between pro-immigration and anti-immigration participants at the rally, the Hamblen County Sheriff’s Department assembled between eighty and ninety police officers from various police agencies in and around the rally site. The police presence included officers from the Hamblen County Sheriff’s Department, the Morristown Police Department, the Sevierville Emergency Rescue Squad, and the Tennessee Highway Patrol. Most of the officers were in uniform; some were in riot gear, many were in full body armor and carried loaded M-16 weapons; and others carried AK-47 weapons. Police officers were on the ground, snipers on rooftops, and a half-track tank was hidden in the bushes of the courthouse lawn."
---
"The videos depict a scene where Mr. Mitchell is agitated, but the police officers and bystanders appear undisturbed by Mr. Mitchell’s conduct. Indeed, not a single person testified that he or she felt threatened by Mr. Mitchell.
At this point, an order came across the radio from Officer Weisgarber, who was stationed next to the courthouse, to remove Mr. Mitchell. Officer Weisgarber never saw Mr. Mitchell until after his arrest."
---
"Although Mr. Mitchell’s conduct was rude and belligerent, the fatal flaw in the State’s case was its failure to establish that Mr. Mitchell’s conduct was violent or threatening."
---
"After considering the principles in these cases and the evidence in the record before us, I am convinced that the proof was not sufficient to sustain the conviction for disorderly conduct. In vociferously challenging the officers’ authority to deny him permission to enter the rally with his American flag, there is no doubt Mr. Mitchell was rude, loud, and belligerent. However, the entire verbal exchange between the numerous officers and Mr. Mitchell appears to have lasted less than 15 seconds. There was no proof that Mr. Mitchell made any threats of violence. There was no proof that any of the seven police officers at the entrance felt threatened at any time by Mr. Mitchell. There was no proof that Mr. Mitchell committed any act of violence toward any of the police officers or counseled others to do so. Although the State argues that Mr. Mitchell “shook the flag pole and poked Officer Wallen two or three times with the eagle attached to the end of the flag pole,” this argument is simply not supported by the videotapes that captured the entire encounter. Obviously, the jury’s role is to resolve conflicts in the proof; however, the State’s argument that Mr. Mitchell used his flag to poke Officer Wallen in a threatening or violent manner and that this conduct somehow took place outside of the video cameras’ view is sheer conjecture."
---
"Officers’ mere speculation as to what may have happened was not a basis to arrest Mr. Mitchell for boisterously expressing his views on a matter of public concern. Therefore, I would hold that Mr. Mitchell’s conduct was protected free speech under the First Amendment."
Thursday, March 24, 2011
Class Action Lawsuit Over Radioactive Pollution in East Tennessee
A class action lawsuit over radioactive pollution in the Nolichucky River is being prepared against Erwin, TN's Nuclear Fuel Services plant. Residents around the facility are attending meetings to consider the suit, and concerns have been steadily growing since a recent study has shown the radioactive contamination might also be affecting drinking water in Greeneville, TN as well.
"The Nolichucky River, located downstream from the Erwin NFS plant, is contaminated with enriched uranium. The river serves as a source of water for Greeneville, Tennessee, as well as surrounding communities. As we’ve reported previously, there are no known sources of enriched uranium in the area other than NFS. The facility produces nuclear fuel for the U.S. Navy and processes weapons-grade uranium into fuel for nuclear power plants.
Last year, the radioactive material in the Nolichucky River was discovered by Michael Ketterer, a chemistry professor at Northern Arizona University and specialist uranium contamination. According to an earlier report in the Greeneville Sun, Ketterer’s study, believed to be the first scientific research on water and soil outside the boundaries and downstream from the NFS plant, states that an apparent entry point of the enriched uranium-contaminated water into the surface water is through underground discharges from seeps and springs.
Ketterer was commissioned to conduct the research by regional environmental groups opposed to the 40-year renewal of the operating license for the NFS facility. The Nuclear Regulatory Commission (NRC) is expected to rule on that issue sometime this year.
From the 2010 Greeneville Sun report cited above:
"Then came perhaps the most dramatic moment of the evening when Wallack asked: "Is NFS discharging highly-enriched uranium into the Nolichucky River -- yes, or no?"
There was no reply from NRC officials.
At that point, Marie Moore, NFS's environmental and industry safety manager, who was seated in the back of the room, said: "Yes, but there are limits."
"And you're telling me that (Nolichucky River) water is safe?" Wallack asked.
"From NRC's perspective, yes," Cobey said."
Also, a group of filmmakers are working on a documentary "Atomic Appalachia" to report on the widespread signs of contamination in the soil, water and air from NFS.
NFS has a record of systemic failures and has been cited for a "deficient safety culture" for a large release of uranium in 2006, and that it was only a "matter of luck" the leak was not worse. But problems and accidents have been constant at the facility for years and years.
One NFS employee was fired, she says, for reporting accidents and safety failures at NFS, in this report from tricities.com.
UPDATE, RELATED STORY: Federal charges against TVA Nuke plant worker announced.
Saturday, November 27, 2010
The Non-Existent Hamblen Co. Ethics Committee Guilty of Violations
On one hand, it is encouraging to see the court recognize and rule against such violations. Yet, on the other hand, the county's Ethics Committee was dissolved during the course of the lawsuit filed by a local resident. It doesn't exist anymore (most likely due to the fact is was the subject of a lawsuit). So the ruling from Judge included this odd admonition:
"Should the Hamblen County Ethics Committee be re-constituted, it shall abide by all requirements of the Tennessee Open Meetings Act, T.C.A. 8-44-101 et seq, including providing adequate notice of all public meetings in accordance with T.C.A. 8-44-101, including the time, place, and purpose of each meeting."
So while I'm glad to see the system work, the system is a very clunky machine.
Attorney and blogger Linda Noe has more details on the case and the ruling.
SEE ALSO: Plans are being made by some Tennessee legislators to confuse laws even more when it comes to public records - seems e-mails from government computers need their own legislative control.
Wednesday, August 25, 2010
Miss Universe Lands Hard In Tennessee
An East TN couple apparently decided watching the Miss Universe Pageant was a doorway to Hell.
Or at least a doorway to jail.
"Shortly after Jimena Navarrete was crowned Miss Universe on Monday night, a Bristol woman was arrested for allegedly assaulting her boyfriend and calling him, "a Mexican lover."
Thursday, June 24, 2010
Hamblen County Mayor, Sheriff Candidates Debate Tonight
6:00 PM Candidates for Hamblen County Sheriff
Ernie Burzell, Democrat
Esco Jarnagin, Republican
7:00 PM Intermission
7:20 PM Candidates for Hamblen County Mayor
John Litz, Democrat
Bill Brittain, Republican
Wednesday, May 12, 2010
Tennessee Ranked 'Most Corrupt State'
The bad news -- Tennessee ranks Number One.
The criteria they cite include:
•Public corruption, 1998—2008: Convictions of elected and other public officials investigated by federal agents over an 11-year period, from the Department of Justice.
•Racketeering and Extortion, 1998—2008: Code for organized crime convictions, also investigated by federal agents over an 11-year period, from the Bureau of Justice Statistics.
•Forgery and Counterfeiting, 1999—2008: Arrest numbers for producing or distributing fake money and goods over a 10-year period, from the FBI.
•Fraud, 1999—2008: Arrests for false statements or documents produced for personal gain over a 10-year period, from the FBI.
•Embezzlement, 1999—2008: Arrests for surreptitious theft of money over a 10-year period, from the FBI.
By using a decade’s worth of federal data, we were able to minimize changes in local law enforcement efficacy, though some flaws remain: local cases go undocumented, and the FBI data is self-reported by local law enforcement. When combined, however, the data provides a fairly deep look into which jurisdictions are uncovering the most corruption. We leveled the playing field by calculating the numbers on a per-100,000 people basis.
Tennessee's score:
Public Corruption: 18
Racketeering & Extortion: 11
Fraud Rank: 7
Forgery & Counterfeiting: 5
Embezzlement: 9
The community they selected to highlight the dire conditions - Newport, TN:
"Recent Scandal: Here's a foolproof recipe for corruption: a former policeman commingling with gang members. Milburn Williams, a retired police captain from Newport, ringleaders Raymond Hawk and Grant Williams, and 20 others were indicted on racketeering, drug trafficking and a slew of other charges last year in Greeneville. The sting operation was headed by the Federal Bureau of Investigation and centered around a chop shop called "H-1 Auto", later renamed "A Automotive." For six years the chop shop was the command post for an operation that allegedly moved stolen property and goods across state lines and sold cocaine and marijuana. The most serious of the charges carry up to $2 million in fines and 40 years in prison.
The others in the Top Ten:
2 - Virginia
3 - Mississippi
4 - Delaware
5 - North Carolina
6 - Florida
7 - Nevada
8 - Pennsylvania
9 - South Carolina
10 - Oklahoma
Friday, April 16, 2010
Why I Don't Watch Local TV News
WBIR broadcast this "report" about the Greeneville Tea Party, as some locals gathered at their county courthouse to complain about taxes. I've no problem with that, it was an event where people attended and is was tax deadline day and all. But why did the reporter decide to hold up one of the signs created by the protesters? Plenty of their signs were visible.
And yes, the report's goal seemed to be to give air to the thoughts and opinions of the TP'ers.
One comment in particular was highlighted by attendee (and apparently a speaker at the event, judging by the video, but here again, the reporter never really identified the individual's role in the event). Anyway, the speaker was one Jeff Cobble - and he said "The majority of our taxes go to supporting the national debt."
Now that comment certainly intrigued me -- so I used this fairly commonplace tool available to most folks called the Internet, and Googled the phrase "majority of federal tax money is spent on" and in .35 seconds, what do ya know - a report dated April 15 2010 titled How Are Our Federal Tax Dollars Spent? is right there for anyone to read.
Sure, I'm wacko idealistic to think a local news report should supply more than just camera footage of unhappy folks and their opinions -- it just seems like a very good opportunity to provide accurate and detailed information on a topic that has many people talking and pondering. One would not have to include all the information - just some basic highlights on the video report, and hey, on WBIR's web site, they could have at least linked to the whole article.
So, as a public service, here's a good chunk of that article I found in .35 seconds of searching (and it's worth noting that approximately ten cents out of each tax dollar collected goes to paying on the national debt) -- the article is from the Live Science web site:
"Three main areas each accounted for approximately one-fifth of the budget, while two sections of spending each made up about one-tenth, and the remaining fifth of the budget was used to finance a variety of programs. According to the Center on Budget and Policy Priorities, here are the most expensive programs:
- Defense and international security: In fiscal year 2008, $625 billion, or roughly 21 percent of the government budget was spent on the military and other initiatives to protect the nation. This figure also includes the cost of supporting American operations in Iraq and Afghanistan.
- Social Security: An additional 21 percent of the budget, equal to about $617 billion, was earmarked for Social Security, one of the largest government programs in the world. Social Security provides retirement benefits, survivors' benefits and disability benefits to millions of retired or disabled workers, or surviving children and spouses of deceased workers.
- Medicare, Medicaid and CHIP: In 2008, $599 billion, or 20 percent of the government budget, was used to finance three health insurance programs – Medicare, Medicaid and the Children's Health Insurance Program (CHIP). Approximately $391 billion went to Medicare, which provides health coverage to people who are over the age of 65 or who meet other criteria such as disability. The remaining amount helped to finance Medicaid and CHIP, which provide health care or long-term care to low-income children, parents and seniors and people with disabilities. Both the Medicaid and CHIP programs involve the federal government matching payments made by the state.
- Safety net programs: The federal government supports so-called safety net programs that provide aid (other than, or in addition to health insurance and/or Social Security benefits) to individuals and families in need. Safety net programs accounted for approximately 11 percent of the 2008 federal budget, which equaled $313 billion. According to the Center on Budget and Policy Priorities, safety net programs include: the refundable portion of the earned-income and child tax credits; programs that provide cash payments to eligible individuals or households, including Supplemental Security Income; various forms of in-kind assistance for low-income families and individuals, including food stamps, school meals, low-income housing assistance, child-care assistance, and assistance in meeting home energy bills; and various additional programs that assist at-risk individuals and families.
- Interest on the national debt: For every dollar that taxpayers send to the federal government, about a dime goes toward paying interest on the national debt. The federal government is required to make regular interest payments on money it has borrowed to close past budget deficits. This borrowed money makes up the national debt, which currently exceeds $12 trillion. In fiscal year 2008, interest payments accounted for 8 percent of the budget, or roughly $253 billion.
The remaining fifth of federal government spending goes toward financing a variety of other programs and public services, including: providing benefits and health care to veterans and retired federal employees; investing in education, scientific and medical research, and basic city infrastructure such as roads, bridges and airports. A small amount – about 1 percent – went to non-security international programs, including those that provide humanitarian aid.
Thursday, April 08, 2010
Can One Sentence Shatter Your Religious Beliefs?
"On page 319 of the text, the authors describe creationism as “the biblical myth that the universe was created by the Judeo-Christian God in 7 days.”
Zimmermann said the useof the word “myth” could “mislead, belittle and discourage students in believing in creationism and pointedly calls the Bible a myth.”
KnoxViews has a news round-up of this oft-repeated fearful debate.
And as the Knox School Board was considering how to respond to the request for banning a book, a board member used a 'personal privilege' to delay consideration of the issues for a month ... just long enough for the May election cycle to pass by.
I rather like Jesse Mayshark's article in MetroPulse, which notes:
" ... with an actual motion to ban a textbook, and the national media's Pavlovian interest in all things Tennessee and creationist, the interest level may well go up over the next few weeks."


