Wayne County Outlook

Posted March 12, 2013 at 7:00 pm

The second trial for a Wayne County woman accused of murder began with opening arguments on Monday morning, March 4, in Wayne Circuit Court.

Hope White is charged with murder in connection with the July 2008 stabbing death of Julie Hicks Burchett. Burchett was found dead in her car on July 19, 2008.

White was convicted of murder following a trial held in Wayne Circuit Court in April 2010, but in December 2011 the Kentucky Supreme Court overturned the conviction and granted White a new trial. The ruling stated that the trial court erred in White’s case by denying her request for a jury instruction that included first degree manslaughter.

Jury selection for the trial began on Thursday, February 27 in Wayne Circuit Court and the panel was seated by approximately 3 p.m. that day.

Monday’s proceedings began with opening arguments. The trial was slated to continue throughout last week.

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The trial of former Assistant Wayne County Attorney Rod Tejeda will remain in Wayne County, despite an effort by defense attorneys to obtain a change of venue.

Tejeda is charged with murder in connection with the April 2012 death of Jerus Helen Neal. Neal died from injuries sustained in a two-vehicle collision that occurred on Main Street near the intersection with Young Street.

Officials stated that Tejeda’s car struck Neal’s vehicle in the driver’s side as she was turning from Young Street onto Main Street. She was pronounced dead a short time later at Wayne County Hospital.

During a hearing held in Wayne Circuit Court on Wednesday, February 27, Tom Carroll and Lance Turner, defense attorneys for Tejeda, provided several witnesses to support their motion that it would be difficult for their client to receive a fair trial in Wayne County due to the publicity that this case has received.

Witnesses who appeared on behalf of the defense indicated that they had heard a lot of discussion about the case and that many people already had opinions regarding Tejeda’s guilt or innocence.

Charlie Pharis, who is also an attorney, stated, “In my opinion it would be impossible to get a fair trial…It would be hard to get a jury.”

Pharis also voiced concern that Tejeda’s former job as an assistant prosecutor in this county would make it even more difficult to try the case in Wayne County.

Assistant Commonwealth’s Attorney Robert Stephens, whose office is serving as special prosecutor in the case, argued against the motion for a change of venue, noting that there are many cases that receive a lot of publicity. But these cases are tried in courts routinely. He stated that the first job of the court is to try to get a jury in the local community.

Judge James Bowling, Jr. ruled against the motion. He stated that moving the trial would probably simplify matters and would probably assure that a jury could be seated on the first attempt.

He noted that the witnesses who provided testimony during the hearing were all acquaintances of the defendant and it is the statements of the average man on the street that he would like to hear.

These are the people who would comprise the jury pool and these are the people that we need to hear from,” stated Bowling.

“I think we have to try,” he added, as he issued his ruling.

The trial is set to begin on March 20 in Wayne Circuit Court.

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Former teacher, local businessman and civic leader Glen Massengale died on Saturday, February 24 at Wayne County Hospital. He was 86.

Massengale was well known and well respected in the community. He was a founding member of the Wayne County Hospital Board and was instrumental in the establishment of the local hospital. He served on the Wayne County Hospital Board for more than 38 years and retired from the position in 2012.

“We are deeply saddened by the loss of Glen Massengale, a true visionary and community leader,” said Joe Murrell, CEO of the Wayne County Hospital. “As a founding board member of Wayne County Hospital, Mr. Massengale’s dedication and ongoing commitment to provide quality healthcare to the citizens of our area will have lasting impact. He was dearly loved by our employees who enjoyed his charm, warm hand shake, grace, and quiet dignity. Mr. Massengale was admired by all who had the privilege to know him and he will be greatly missed.”

Massengale taught agriculture in the Wayne County School District. He began his teaching career in Pine Knot and also spent time in the Bourbon County School District before coming to Wayne County.

Massengale served as a director with South Kentucky RECC for 26 years. He retired from the South Kentucky RECC board in June 2012.

In a story the co-op did upon his retirement, Massengale stated, “Serving on the South Kentucky RECC board meant so much to me, because I was providing a service to so many of my fellow southern Kentuckians. Through this position, I was able to touch lives and work with so many members.”

He added that being a director on the South Kentucky RECC board was one of the positions that he had held that made him the proudest.

South Kentucky RECC CEO Allen Anderson said that Glen Massengale will truly be missed.

“Glen Massengale was an outstanding director, who truly believed in the cooperative business model. Every decision he made was based on what he felt would, overall, be the very best thing for South Kentucky RECC. On a more personal note, Glen was just a good person who enjoyed being part of an organization that served others. He was so kind and caring, and it was an honor and a privilege to have him on our board of directors and, more importantly, to have him, his wife June, and their family as friends,” said Anderson.

Massengale is survived by his wife, June, his son, Mark, and his daughter, Jill. Funeral services were held on Thursday, February 28. Burial was in Elk Spring Cemetery.

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James Hamm will serve as state manager of the Monticello Independent School District, following an announcement by the Kentucky Department of Education (KDE) last week. The announcement was made during a special called meeting of the Monticello Independent Board of Education last Wednesday, February 27. Hamm started his new duties immediately.

Hamm is a 29-year veteran educator and is a familiar face to the faculty, staff and students at Monticello Independent. He has been working as the Education Recovery Leader assigned to the district by the KDE since last year.

“Jim Hamm has extensive experience in many areas of education from the classroom to central office,” said Kentucky Education Commissioner Terry Holliday in a press release issued by the KDE. “In his time in the Monticello Independent district, he has gotten to know the issues it faces and what it will take for the district to once again operate in the best interest of students.”

Under the terms of his memorandum of agreement, Hamm will be paid $528 per day for a maximum of 81 days during fiscal year 2013 and for a maximum of 240 days in fiscal year 2014, noted the KDE press release.

According to the press release, Hamm has been a consultant with the Kentucky Department of Education since 2010. Prior to that, he served as the Director of Curriculum and Instruction in Washington County. Previously, he was an elementary and a high school principal in Madison County where he also taught social studies.

The Kentucky Board of Education (KBE) placed the Monticello Independent School District under state management last month after a detailed financial analysis showed the district in a dire financial situation and facing shut down.

As a result of the state-managed designation of authority by the KBE, all administrative, operational, financial, personnel and instructional aspects of management formerly exercised by the Monticello Independent Board of Education and district superintendent are now the responsibility of Commissioner Holliday. As state manager, Hamm will be the commissioner’s on-site designee.

Hamm stated that he has been working with Monticello since last summer and has developed a relationship with the staff and students in the district. He added that, as state manager of the district, he plans to keep the focus on the students and do what is best for them.

“I will always put students’ needs first,” stated Hamm.

Hamm also noted that he plans to focus on student celebrations and recognitions during future board meetings.

“I want to make it about the success of our students,” he said.

With the appointment of a state manager, the Monticello Independent Board of Education will now serve in an advisory capacity.

In addition, there will no longer be a superintendent at Monticello Independent. The last day for John Hurt, interim superintendent, was Thursday, February 28.

Hurt spoke briefly at last week’s board meeting, expressing his appreciation to the board, state department faculty and staff at Monticello Independent. He added that even though he would be leaving, his thoughts and prayers would continue to be with the local school district.

In closing, Hurt challenged everyone to keep their focus on doing what is in the best interest of the students at Monticello.

In other news, board members also heard a status report from Bill Boyd, finance officer. Boyd noted that he has worked on the budget for the 2013-14 school year, but is still roughly $500,000 away from having a balanced budget.

He added that he looked into the district-wide programs and salary schedules, but did not see any more areas where he could make cuts to help balance the budget.

The local board must present a balanced budget to the state by March 8.

During the course of the discussion, the board discussed the possibility of having the Wayne County School Board govern Monticello School but keeping it open as a separate school. The board was informed that this is a possibility, but it is something that would need to be discussed and negotiated with the Wayne County Board of Education.

Kay Kennedy, a representative with the KDE, informed the board that time is of the essence and they needed to consider the terms that they wanted to present to the Wayne County Board of Education.

Kennedy noted that they would like input from the board on what they would like to see happen if there is a merger with Wayne County. She stated that Monticello representatives needed to get what they want down on paper so that the Wayne County Board of Education will have something official to respond to.

A faculty member who attended the meeting asked Kennedy if it is realistically possible for a merger to occur by August 1. Kennedy replied that it is possible for a merger to be phased in over time and that it would be possible by August 1.

Kennedy stated that she has been involved in two mergers previously. One of those mergers took about a year to complete. She added that the other merger took less than six months and built into that agreement were phased-in actions that took longer to complete.

Kennedy emphasized that officials with the Monticello Independent school district need to get what they want down on paper and prepare a proposal.

Hamm noted that he will appoint a team and give them a shell for a merger agreement for them to consider. The committee will provide input for that outline and the feedback will be used to come up with a proposal to submit to the Wayne County Board of Education before its next board meeting.

The team was scheduled to have met last Tuesday, March 5 to discuss organization and membership, according to Hamm.