The F-D-A's attempts to regulate tobacco are defeated by a federal appeals court.
We'll tell you why on NEWS 7 at SIX tonight.
And the glare of publicity on mental health may not be entirely UNwelcome. A report from Western State Hospital.
Coming your way tonight on News 7 sports, the Roanoke Wrath is all set for tonight's playoff opener at Victory stadium that gets underway at 7:30.
A former UVa hoops assistant hits the jackpot,
and bad luck hits Dale Earnhardt as the Goodwrench Chevy fails to even make it on the track for qualifying this afternoon.
I'll have the top 25 for you in sports.
Clouds and showers highlight the weekend forecast. Today, showers we locally heavy. This weekend, they spread out a bit.
A big win for the tobacco industry tonight.
A federal appeals court says the F-D-A does not have the authority to regulate tobacco.
While today's ruling concedes tobacco is "an inherently UN-safe product..." the court says government bureaucrats went too far when they classified cigarettes as nicotine distribution devices, subject to F-D-A regulation.
"This transparent action by the F-D-A- -" which the court labels "obvious sophistry- -" that is: a plausible, but misleading argument- -"reinforces the conclusion that regulation of tobacco products... was not intended by Congress."
The ruling was NOT a unanimous opinion.
Judge Emory Widener of Abingdon wrote it.
Judge James Michael of Charlottesville went along with him.
A third judge disagreed, saying "cigarettes... are responsible for illness and death on a vast scale."
The Giles County Department of Social Services is in a bind.
The department can't pay its bills because the board of supervisors failed to approve the agency's monthly appropriation.
[DOUBLE BOXES=TERESA/KEITH ]
Teresa Hamilton joins us from our New River Valley Newsroom with the latest.
Keith-- today social service employees did NOT receive a paycheck.
But they're not the only ones feeling the impact--
Foster parents are also going without money.
[rollcue: going without money]
[IN Q=I'm going]
[SUPER=01-Lorraine Walters/Foster Parent; :00]
[SUPER=03-Giles Co.; :08]
[SUPER=01-Bill Walters/Foster Parent; :19]
[SUPER=03-Pearisburg/Last Thursday; :35]
[SUPER=01-Jay Williams/Board Chairman; :53 QUICK!!!!!!]
[OUT Q=as possible.]
[IN Q=I'm going]
((LORRAINE WALTERS/FOSTER PARENT:I'M GOING TO DO THE BEST I CAN BUT THEY'RE NOT GOING TO BE NEGLECTED, NO WAY, NO WAY. ))
[OUT Q=no way.]
Lorraine Walters and her husband Bill are raising FOUR foster children.
They normally receive a little more than 12- hundred dollars in assistance.
But so far-- a check hasn't arrived.
[IN Q=I draw]
((BILL WALTERS/FOSTER PARENT:I DRAW 530- DOLLARS SOCIAL SECURITY BUT THEY'RE NOT GOING TO GO HUNGRY, WE'RE GOING TO DO THE BEST WE CAN WITH THEM. ))
[OUT Q=with them.]
Board Chairman Jay Williams hopes the Walters won't have too wait long for a check in the mail.
Williams and board member Barbara Hobbs voted to release the agency funds last week-- which amounted to about 128- thousand dollars.
But ONE member was absent that night-- which left a tie vote when supervisors Larry Blankenship and Bobby Williams voted against the appropriation.
A tie means NO action.
[IN Q=It's a ]
((JAY WILLIAMS/BOARD CHAIRMAN:IT'S AN EMBARRASSING ISSUE FOR THE WHOLE COUNTY, I'M SORRY AND WE'RE DOING EVERYING WE CAN TO TAKE CARE OF IT AS SOON AS POSSIBLE. ))
[OUT Q=as possible.]
Chairman Williams says he and Barbara Hobbs showed up for a special meeting last night to clear up the situation.
But says Blankenship and Bobby Williams did NOT make an appearance.
Keith, another special meeting is scheduled for tomorrow--
If that does NOT end positively-- the state is pledging to get involved.
[GRAPHIC=Virginia State Seal]
Its conclusions were shocking.
The Geller Report released last month detailed a state mental health system over-medicating and sometimes physically restraining its patients in lieu of proper care.
Hospitals strained by too many patients who, with some support, are well enough to go home.
Tonight, Ellen Qualls wraps up her special report with a look at the hurdles to packing up the mentally ill and moving them home.
[IN Q=There's a patient]
[SUPER=01-Marcia Garrison/Western State Hospital Nurse; :28]
[SUPER=01-John Beghtol/Western State Hospital Admin.; :38]
[SUPER=01-Mary Ann Bergeron/VA Assoc. of Comm. Service Boards; 1:04]
[OUT Q=Qualls, News 7.]
(( There's a patient at Western State Hospital who is so violent, he's kept in his own closely guarded suite of rooms.
We could shoot no video in the forensics unit-- where criminal suspects become volatile in the presence of a camera.
These patients are NOT the norm at Western State--
[nat sound card playing?]
It's a hospital brimming over with OTHER mentally ill people who experts say could live and work back in their home communities.
[sot TAPE TWO 14:06:10]
((MARCIA GARRISON/WESTERN STATE HOSPITAL NURSE: THAT'S THE PHILOSOPHY OF OUR HOSPITAL. THAT EVERY PATIENT GOES BACK INTO THE COMMUNITY.))
Western State didn't need the Geller Report to know it was needlessly warehousing patients.
[sot tape TWO 15:35:14]
((JOHN BEGHTOL/WESTERN STATE HOSPITAL ADMINISTRATOR: I SPOKE TO STAFF THIS MORNING ABOUT THAT. SOMEONE SAID "OH ALL THIS PUBLICITY." AND I SUGGEST THEY MIGHT WANT TO LOOK AT IT AS "HOW MANY YEARS HAVE WE GONE WHEN WE WISHED FOR ATTENTION."))
Because with attention-- most especially from the Governor -- may come much needed money.
Care of a patient in a state hospital may cost 100- thousand dollars a year.
But sending him or her home may NOT be much cheaper.
((MARY ANN BERGERON/VIRGINIA ASSOC. OF COMMUNITY SERVICE BOARDS: LET ME SAY THAT RESOURCES FOR THE COMMUNITY SYSTEM ARE ABYSMAL. THEY'RE ABYSMAL. WE ARE ONE OF THE LOWEST IN THE COUNTRY, IF NOT THE LOWEST BY NOW.))
((JOHN BEGHTOL/WESTERN STATE HOSPITAL ADMINISTRATOR: I THINK THE BOTTOM LINE FOR US AND THE OTHER HOSPITALS IS WHAT WILL BE THERE FOR THE COMMUNITY SERVICE BOARDS? WILL THE MONEY BE THERE FOR NEW HOUSING? PARTICULARLY FOR MOBILE TEAMS THAT CAN RESPONSD TO A MENTALLY ILL CLIENT AT TWO A-M IN THE MORNING ON SUNDAY NIGHT?))
The Governor's commission won't report back until December.
Ellen Qualls, News 7.))
A third suspect has been charged with the beating death of a Bedford man in April.
[use file tape 98-23 @ 22:41]
35- year- old Jeffery O'Neil Kirkland was found murdered in his South Street home April 4th.
Kirkland's nephew, Robert Wright, and his brother, William Henry Kirkland were arrested hours later.
Now another nephew, 22- year- old Rawlence Jermaine Wright, is facing murder charges.
No other arrests are expected.
[HARD MUSIC UNDER]
Coming up--we'll have more on the plans for two high schools in southern Roanoke County.
And a water war is underway at Smith Mountain Lake, where some residents say they're bills are too high.
That story is coming up in a few minutes--first let's check in with Robin Reed in the weather center.
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[SUPER=83-Down 0.66 foot/Down 0.31 foot;Lake levels][UVA-Ad]
The University of Virginia appears to be continuing its damage control efforts in the case of the babies switched at birth.
The school's president made an apology today, in an open letter published in state newspapers.
John Casteen said the incident has brought "unspeakable sorrow" to the families involved.
Earlier this week, the chief of staff at the UVA medical center said everyone there shares the families' grief.
[IN Q=This has been]
((DR. TOM MASSARO/UNIV. OF VIRGINIA HEALTH SYSTEM: THIS HAS BEEN A PERSONAL AND AN INSTITUTIONAL TRAUMA FOR ALL OF US.[:06] AND I THINK THE PERSONAL SIDE IS THE GREATER OF THE TWO, BECAUSE MOST OF US ARE FAMILY PEOPLE.))
[SUPER=01-Dr. Tom Massaro/Univ. of Virginia Health System;]
[OUT Q= are family people.]
Casteen promises that the hospital will do everything possible to make sure something like this doesn't happen again.
Imagine paying a water bill of almost 100 dollars a month.
That's what some Smith Mountain Lake residents are being billed --illegally.
[Double Boxes=Keith/Tina Newsroom]
Tina Tenret tells us more.
[Live= Tina Full/Newsroom]
Keith, the State Corporation Commission in Richmond is investigating Robert Winney for overcharging lake residents for water.
And now, some residents plan to take their own action.
(Rollcue:their own action)
[IN Q=The Waterworks Company]
[SUPER=01-John Stevens/State Corporation Commission;]
[OUT Q=from these people.]
The Waterworks Company supplies water to the Overlook, Lakemount and Starwood subdivisions.
Owner Robert Winney is allowed to charge residents 67 dollars and 50 cents every three months.
Instead, he's charging up to 270 dollars.
[IN Q=On the bill]
((DAVID TALBOTT/RESIDENT: ON THE BILL HE SENT TO ME HE SAID DAVE, I'M NOT PLAYING GAMES.))
[OUT Q=playing games]
Residents say their water is often shut off without warning.
[IN Q=On two occasions]
((BOB CROCKER/RESIDENT: ON TWO OCCASIONS ... TURNED THE WATER OFF.))
[OUT Q=turned the water off]
The state has ordered Winney NOT to overcharge customers and NOT to turn their water off.
But last week residents again had no water.
Robert Winney blamed it on a majority shareholder, but the company has no stocks.
[IN Q=This harassment]
((FRANK ARRINGTON/RESIDENT: THIS HARRASSMENT HAS TO STOP AND IT'S GOT TO STOP NOW.))
The Commission dismissed Winney's latest bid for a rate increase, saying he disregarded their orders and confused customers.
Winney is ILLEGALLY operating without a Commission certificate.
But officials hesitate to take away residents' water source.
[IN Q=There has been]
((JOHN STEVENS/STATE CORPORATION COMMISSION: THERE HAS BEEN NO PUNITIVE ACTION TAKEN AGAINST HIM.))
[OUT Q=against him]
Residents have tried to buy the company -- last time Winney outbid them by eight thousand dollars.
That was right after he had declared bankruptcy.
[IN Q=If he doesn't]
((FRANK ARRINGTON/RESIDENT: IF HE DOESN'T GET HIS ACT TOGETHER ... FROM THESE PEOPLE.))
[OUT Q=FROM THESE PEOPLE]
We called Winney, but he said only "no information" and hung up.
But we did find a letter he wrote to commission officials -- he says "we feel SCC staff and the legal department's sole purpose
[Double Boxes=Keith/Tina Newsroom]
is to intimidate and defeat our request so that we will just go away and suffer the embarrassment in silence.
[GRAPHIC=Roanoke County Seal]
The statement did not satisfy everyone, but last night the Roanoke County School Board laid out its plans for two south county high schools.
The decision to renovate Cave Spring High and build a new school on another site remains controversial, but Joe Dashiell reports parents are looking to the Board of Supervisors for quick approval.
[IN Q=The report]
[SUPER=01-Michele Morgan/Supporter of Two Schools; :00 quick]
[SUPER=01-Terri Langford/Supporter of One School; :10]
[SUPER=01-Barbara Bushnell/Supporter of Two Schools; :37]
[OUT Q=JD News 7 Roanoke County]
(([SOT UB 21:33:33]
[IN Q=The report]
((MICHELE MORGAN/SUPPORTER OF TWO SCHOOLS: IT'S THE BEST THING FOR ALL OF THE STUDENTS IN ALL OF ROANOKE COUNTY.))
[OUT Q=in all of Roanoke County.]
A Sweet victory for some, the School Board vote was a bitter pill for others.
[SOT UB 21:37:12]
[IN Q=Obviously, I'm very disappointed]
((TERRI LANGFORD/SUPPORTER OF ONE SCHOOL: OBVIOUSLY I'M VERY DISAPPOINTED, BECAUSE WE TRULY DID NOT BELIEVE THAT THIS WAS THE RIGHT DECISION FOR THE COMMUNITY OF CAVE SPRING.))
[OUT Q=community of Cave Spring.]
Still, School Board Members affirmed their support for two south county high schools. They said they intend to renovate Cave Spring High School, build the new school on the Woods End Property, and use the Merriman Road site for a football stadium.
Parents who praised the school board vote now say they're turning their attention to the Board of Supervisors.
[SOT UB 21:32:51]
[IN Q=I think we now need]
((BARBARA BUSHNELL/SUPPORTER OF TWO SCHOOLS: I THINK WE NOW NEED TO GO TO THE COUNTY SUPERVISORS AND GET ON THEM AND GET THEM TO RELEASE THAT MONEY SO WE CAN GET THIS SCHOOL BUILT AS SOON AS POSSIBLE.))
[OUT Q=as soon as possible.]
As soon as possible will probably mean three years. If they get the go-ahead soon, the architects say the new school could be open by the end of 2001.
Joe Dashiell News-7 Roanoke County.))
The Dow and the NASDAQ ended the week on a low note.
[TAKE DOW & NASDAQ PAGE ]
The Dow was down 35 points to end at 84-hundred-25.
The NASDAQ fell 12 points ending up at 17-hundred-90.
The United Way and more than 60 Roanoke businesses came together this week to extend a helping hand to the community.
800 volunteers participated in this year's "week of caring"
Their efforts included everything from painting homes to doing yard work.
[IN Q= Well the United]
((DANIELLE YARBAR/1998 UNITED WAY: THE UNITED WAY HAS HAD A DAY OF CARING FOR A NUMBER OF YEARS NOW, AND THIS YEAR WAS THE FIRST YEAR THEY EXPANDED IT TO A WEEK OF CARING.
AND FROM A BUSINESS PERSPECTIVE, THAT'S TERRIFIC BECAUSE IT GAVE US SOME FLEXIBILITY TO GET OUR EMPLOYEES OUT AND AROUND OUR BUSINESS SCHEDULE.))
[SUPER=01-Danielle Yarbar/United Way;]
[OUT Q= Business Schedule]
The United Way has been in the Roanoke Valley for almost 75 years working with area businesses and individual donors.
Officials say the "week of caring" program was designed to expand their efforts, by adding more workers to their current projects.
Coming up tonight in sports, Ernie Irvan continues his hot streak on pole day by winning the top spot at Michigan.
The Michigan head hoops coach, a former UVa man, strikes it rich today.
And the Roanoke Wrath is ready for tonight's playoff game at victory stadium with South Carolina.
A preview of the 7:30 game is coming up.
Ernie Irvan continued his love-hate relationship at Michigan today by winning the pole at the track that almost took his life.
[super=03-Brooklyn, MI/espn2; :00]
Jeff Gordon, who came into today with six poles already this season was the first go out and sat on the provisional pole for some time.
But Bobby Labonte in a Pontiac would take the top spot away from Gordon and give folks a taste of things to come.
Ernie Irvan, in another Pontiac, the Skittles car, would prove that his pole at Indy two weeks ago was not a fluke as he tops Labonte and hangs on to capture his 21st career pole position.
Dale Earnhardt was the next to last car to go out, but only made it to the end of pit road before an oil pump belt broke and kept him from qualifying.
Here's the top 25.
[WIPE TO MOTION]
[SUPER=0107-1. Ernie Irvan/183.416/2. Bobby Labonte//3. Jeff Gordon//4. Dale Jarrett//5. Mark Martin//;]
[SUPER=0107-6. Joe Nemechek//7. Wally Dallenbach//8. Jeremy Mayfield//9. Ward Burton//10. Ken Schrader//;]
[SUPER=0107-11. Rusty Wallace//12. Rich Bickle//13. Terry Labonte//14. Derrike Cope//15. John Andretti//;]
[SUPER=0107-16. Morgan Shepherd//17. Bill Elliott//18. Kenny Irwin//19. Ricky Rudd//20. Sterling Marlin//;]
[SUPER=0107-21. Steve Park//22. Jerry Nadeau//23. Geoff Bodine//24. Bobby Hamilton//25. Jeff Burton//;]
[OUT Q=... LAST DRIVER."]
Michael Waltrip was 29th, Rick Mast was 30th, and Darrell Waltrip 40th.
[TAPE#=SP-20 tc 58:52]
Coach Bob Bigney says the fact that his soccer team as made the Atlantic Division playoffs is an impressive feat.
The Wrath finished in fourth place with a 10 and 8 record in their first year in the D-3 professional league.
Denise Allen previews tonight playoff game against South Carolina.
[IN Q=This isn't]
[SUPER=01-Bob Bigney/Wrath Head Coach; :13]
[SUPER=01-Danny Britton/Wrath Goalie; :36]
[SUPER=01-Patrick McSorley/Wrath Forward; :51]
[OUT Q=News 7 sports]
((This isn't the same Roanoke Wrath team that started the season back in April.
[IN Q=17:37:25 we've brought]
[OUT Q=with in the league]
Bigney says his team his aggressive and plays an attacking game.
The team is coming off of two consecutive shutout wins, including a two to nothing victory in South Carolina against tonight's opponent, the Shamrocks.
[IN Q=i'm not so]
[OUT Q=that hurt us]
[IN Q=we also]
[OUT Q=fine with them]
[IN Q=is to shut]
[OUT Q=down tonight]
Kick off is at 7:30 at Victory Stadium. The team promises a quality soccer.
And is dedicating the game to the fans.
[IN Q=they can]
[OUT Q=all we're out for]
If Roanoke wins tonight, it's off to Wilmington, Delaware, for a meeting with the number one seed Wizards.
Denise Allen News 7 Sports.
The Salem Avalanche returns home tonight to start a four game home stand with the Frederick Keys.
Game time tonight is set for 7. Only three more big weekend homstands remain this season.
Former University of Virginia assistant basketball coach Brian Ellerbee got some serious financial security today.
His current employer, the University of Michigan, where he was made permanent head hoops coach four months ago, gave him a new multi-year contract today that pays him a $140 thousand a year base salary.
He also gets $310 thousand a year more from his media shows and basketball camps.
The Tiger isn't roaring quite as loudly today at the PGA championship and as a result there is a new leader at golf's final major.
[SUPER=03-Redmond, WA/TBS; :00]
Vijay Singh, who shot an even par round of 70 yesterday came through today with a four under 66.
He is now all alone on top of the leader board.
Tiger is two over for the day and still 2 under for the tournament. He is just about halfway through his second round.
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