Some Roanoke County residents launch a court battle in the Home Depot controversy.
And another embarassing mix up at the U-V-A Medical Center is likely to be the hot topic at today's board of visitors meeting at the University.
(ad lib weather)
(ad lib live tease)
News 7 Mornin is next.
[GRAPHIC=Home Depot Rezoning]
Opponents of the controversial Home Depot development in Roanoke County are taking their case to court.
Late yesterday, the Cave Spring Citizens Group and three individuals filed a bill of complaint against the Board of Supervisors.
They're challenging the board's vote on September 8th.
That was the meeting in which the supervisors reversed an earlier decision, and rezoned the site on route 419.
Opponents say the rezoning was unlawful and they lay out eleven counts in their lawsuit.
They contend the supervisors violated their own rules and the county's zoning ordinance, and failed to give adequate notice. They also maintain that chairman Bob Johnson had a conflict of interest and should not have voted.
The supervisors are scheduled to take up the issue again on Tuesday with a public hearing and another vote.
County officials received a copy of the complaint, but say they haven't had time to review it or respond.[S-UVA-
The University of Virginia's Board of Visitors meets today in Charlottesville.
It will no doubt want to know more about the latest mistake at the U-V-A Medical Center.
Hospital officials now acknowledge that two years ago a miscarried fetus was separated from the placenta-- and only the placenta turned over to a funeral home for burial.
The hospital says it was unable to notify the mother.
But it was NOT until U-VA's attorney told state Attorney General Mark Earley last week that the Governor was made aware of the latest incident.
Ellen Qualls reports.
[IN Q=We asked]
[OUT Q=Qualls, News 7, Richmond.]
(( We asked the Governor if his alma mater's research hospital was badly mismanaged.
((GOV. JIM GILMORE: I THINK WE NEED TO FIND OUT. WE NEED TO DETERMINE THE FACTS AND THAT'S WHY I'VE ASKED FOR AN INVESTIGATION INTO THESE MATTERS. YOU KNOW, MY ADMIRATION FOR UVA IS UNPARALLELED, BUT ENOUGH'S ENOUGH AND I THINK THE TIME HAS COME TO GET A HANDLE ON EXACTLY HOW THESE MATTERS ARE BEING HANDLED AT UVA HOSPITAL.))
U-V-A officials declined any comment on camera.
But in written statements they explained the latest incident was simply a case of the morgue wrapping the fetal remains separately... and then only handing over one package to the funeral home.
They also point out they handle 600-thousand out-patients and 21-thousand in-patients a year...and say "a lot can go wrong" in those patient encounters.
[INSERT STANDUP HERE TO END]
The emergency room is a busy place at Roanoke Memorial hospital.
That's where they're sending patients who would normally go to Community Hospital's E-R.
Memorial is taking on the extra load since an electrical fire knocked out the power on Community's first two floors.
R-M-H also is performing surgeries that normally would be performed at Community...
Carilion is asking some patients to reschedule their surgeries.
[SOT tc 00:06:10]
[IN Q=if it's]
((RITA BISHOP/CARILION SURGERY COORDINATOR: IF IT'S AN ELECTIVE PROCEDURE, FOR EXAMPLE A HERNIA REPAIR, IT COULD BE RESCHEDULED AT A LATER DATE.))
[SUPER=01-Rita Bishop/Carilion Surgery Coordinator;]
[OUT Q=LATER DATE]
In the meantime, Carilion said it won't have any problem scheduling emergency operations.
Community hospital's emergency room is closed indefinitely.
U-S Envoy Richard Holbrooke is back in Belgrade this morning for one more round of talks with Serbia's hard-line leader Slobodan Milosevic.
The message: NATO is united and prepared to strike Serbia unless Milosevic calls off his crackdown against ethnic Albanians in Kosovo.
((RICHARD HOLBROOKE: MILOSEVIC ROSE TO POWER BY RUTHLESSLY TAKING AWAY THE POWER OF THE ALBANIAN PEOPLE AND CREATING THE CONDITIONS FOR THE CURRENT CRISIS.))
[SUPER=01-Richard Holbrooke/U. S. Envoy ;]
[OUT Q=FOR THE CURRENT CRISIS.]
Earlier in the week Holbrooke failed to persuade Milosevic to pull his troops out of Kososvo, despited threats of NATO airstrikes.
Secretary of State Madeleine Albright says the political arm of NATO, will agree on an activation order in the next few days.
[TAPE#=sports cut in]
In sports, a matchup of the undefeated's in the Pioneer District, and a preview of week seven for Friday Football Extra.
Mike Stevens has details.
Good Morning Mike.
[IN Q=Good morning]
[OUT Q=a little bit.]
(Melanie ad lib toss to Steve/Wx)
[SUPER=01-Ruth Anne Collins/Charity League;]
[SUPER=01-Kerielea Myers/Charity League;]
(toss to stocks)
[GRAPHIC=Roanoke County Schools]
With an option on the Woods End property now in hand, Roanoke County school officials say the next round of testing on the high school site could begin next week.
School officials signed the agreement on Tuesday after weeks of negotiation.
It allows them to begin the testing that will ultimately determine whether the site is suitable for construction of the new school.
[IN Q=Right I think we feel]
((BILL IRVIN/SCHOOL BOARD CHAIRMAN: RIGHT I THINK WE FEEL COMFORTABLE THAT WE CAN BUILD ON THAT SITE, BUT THIS WILL GIVE US ALL THE DETAILED INFORMATION THAT BOTH WE AND THE BOARD OF SUPERVISORS NEED, ONCE WE GET BACK ON THE PROPERTY WHICH WE UNDERSTAND WILL BE SOMETIME NEXT WEEK.))
[SUPER=01-Bill Irvin/School Board Chairman]
[OUT Q=sometime next week.]
[Take PINNACLE MAP]
The Woods End property off Farmington Drive is the site school board members favor for construction of the new south county high school.
They say they're hopeful the second phase of testing will also resolve some of the reservations the supervisors have raised.
The Environmental Protection Agency says a Franklin County factory broke the law and must pay 68-thousand-dollars.
The E-P-A says M-W Manufacturing used manganese and toluene (TOL-yoo-een) in 1994 and 1995 but did not report them.
High levels of these chemicals can damage the nervous system.
The E-P-A says residents and law enforcement officials should know when these chemicals are used at the plant.
Plant officials say it's nothing more than a paperwork error, adding no one was hurt, nothing was damaged, and these chemicals are no longer used there.
M-W plans to appeal the 68-thousand dollar penalty.
Interstate-73 planning is moving forward, but it's not exactly in the fast lane.
As the highway is built, the General Assembly wants to stay in touch with its progress.
The I-73 Communications Committee held its first meeting yesterday in Henry County.
This group of state legislators and local business people was created to keep the General Assembly up- to- date with the highway project.
The committee learned that V-DOT is now trying to determine the exact path of I-73.
Many believe the highway will be vital to the portion of Virginia it will pass through.
[IN Q=We've had tremendously]
((DEL. WARD ARMSTRONG/(D) 11TH DISTRICT: WE'VE HAD A TREMENDOUSLY DIFFICULT TIME RECENTLY WITH ECONOMIC DEVELOPMENT. A LOT OF OUR MANUFACTURING PLANTS HAVE CLOSED AND WE THINK THAT THIS INTERSTATE HIGHWAY WILL BREED NEW LIFE INTO THE ECONOMIC ENVIRONMENT HERE IN MARTINSVILLE AND HENRY COUNTY AND OTHER PARTS OF THE STATE.))
[SUPER=01-Del Ward Armstrong/(D) 11th District;]
[OUT Q=parts of the state.]
When will you be able to drive on Interstate-73?
Delegate Armstrong says a rough estimate is 10 to 12 years.
[GRAPHIC=Mornin Health Check]
In medical news, genetics could be the best predictor of lung and colon cancer--- AND researchers find a big increas
e in the number of kids lighting up.
Mika Brzezinski has those stories and more in this morning's Health check.
[SUPER=01-Mika Brzezinski/Reporting; :00 ]
[OUT Q=CBS News, New York.]
(( GOOD MORNING.
RESEARCHERS MAY HAVE FOUND A GENE THAT COULD SOMEDAY PREDICT WHO IS
AT THE GREATEST RISK FOR LUNG AND COLON CANCER.
SCIENTISTS AT THE UNIVERSITY OF TEXAS SAY NOT ONLY HAVE THEY LOCATED
THIS GENE IN LUNG AND COLON CANCER TUMORS-- THEY'VE ALSO LEARNED HOW IT
THE GENE, KNOWN AS P-P-P-2-R-1-B, REGULATES CELLS.
BUT WHEN IT BECOMES DEFECTIVE, CELLS GROW OUT OF CONTROL AND BECOME
RESEARCHERS SAY THE NEXT STEP IS TO FIND OUT HOW OFTEN THESE
MUTATIONS OCCUR IN PEOPLE.//
MORE TEEN-AGERS ARE GETTING INTO A HABIT THAT CAN ULTIMATELY KILL
ACCORDING TO THE CENTERS FOR DISEASE CONTROL... ABOUT 1-POINT-2
MILLION PEOPLE UNDER THE AGE OF 18 BECAME DAILY SMOKERS IN 1996.
THAT'S A 73-PERCENT JUMP SINCE 1988.
HEALTH OFFICIALS BLAME THE RISE ON JOE CAMEL AND OTHER INFLUENTIAL AD
BUT A SPOKESMAN FOR ONE MAJOR TOBACCO COMPANY SAYS PEER PRESSURE AND
SMOKING PARENTS ARE WHAT DRIVE TEENS TO SMOKE.//
AND A LITTLE EXERCISE COULD GO A LONG WAY IN REDUCING YOUR RISK OF
A STUDY FOUND THAT PEOPLE WHO DID EVEN A HALF-HOUR OF MODERATE
EXERCISE--FIVE DAYS A WEEK--CUT THEIR CHANCES OF HAVING A STROKE BY
AN HOUR A DAY DOUBLED THAT NUMBER.
THE FINDINGS WERE PUBLISHED IN THE JOURNAL, STROKE-- A PUBLICATION OF
THE AMERICAN HEART ASSOCIATION.//
AND THAT IS A LOOK AT TODAY'S MEDICAL NEWS.
I'M MIKA BRZEZINSKI, CBS NEWS, NEW YORK.))
(ad lib to weather)
[SUPER=01-Julie Thomas/Charity League;]
[Steve does 3-Weather]
[SUPER=#4050; Headline Banner]
Here's a look at today's top stories.
For the third time in the history of the United States, a House panel will conduct an impeachment inquiry of the President.
But it won't start until after mid-term elections in November.
Thirty-one Democrats voted with the Republican Majority yesterday.
A Roanoke jury has aquited Willie Caldwell of murder.
At his trial Caldwell told the jury the gun that fired the shot that killed Kevin Jones went off as the two men fought over it.
The case was being closely watched for clues to a deadly apartment fire that broke out within hours of the shooting.
A federal judge has rejected an emergency motion filed by a state legislator to reinsert the feeding tube of Hugh Finn.
The severely brain-damaged man is in a persistent vegetative state and is dying in a Manassas nursing home.
His feeding tube was removed last week.
And that's what's making news on this Friday October Ninth.
News 7 Mornin' will be right back.
Willie Caldwell is a free man this morning-- Yesterday, a Roanoke jury acquited him of murder.
Keith Humphry has the verdict and reaction.
[IN Q=We, the jury]
[SUPER=02-Judge Robert Doherty/Roanoke Circuit Court; :00]
[SUPER=01-Mable Jones/Victim's Mother; :23]
[SUPER=01-Willie Caldwell/Defendant; :44]
[SUPER=01-Doug Jones/Victim's Brother; 1:13]
[SUPER=04-May 18; 1:27]
[OUT Q=Humphry, News 7.]
((WE, THE JURY, ON THE ISSUE JOINED, UNANIMOUSLY FIND THE DEFENDANT, WILLIAM JAMES CALDWELL, NOT GUILTY OF A CRIME INVOLVING THE DEATH OF KEVIN LEE JONES. ))
[OUT Q=Keven Lee Jones.]
Willie Caldwell didn't flinch, as the jury verdict was read- -not guilty of murder, not guilty of the weapons charge.
The victim's family started filing out even before court was recessed for the day.
[IN Q=THERE IS MORE POWER]
((THERE IS MORE POWER THAN THE JUDICIAL SYSTEM IN ROANOKE CITY OR THE STATE OF VIRGINIA. THERE IS A HIGHER POWER. THIS MAN WILL RECEIVE NO PEACE.))
[OUT Q=NO peace.]
Kevin Jones had beaten Caldwell so severely Caldwell suffered a dislocated shoulder.
Earlier in the day Caldwell explained to the jury that the fatal shot went off as he and Jones fought over the gun.
[IN Q=He had it]
((HE HAD IT BY THE BARREL, BECAUSE I GUESS HE WAS GOING TO TRY TO PISTOL WHIP ME.))
[OUT Q=pistol whip me.]
Once Caldwell testified- -the judge and jury seemed to be heading in opposite directions.
Even before all the evidence was in, Judge Doherty revoked Caldwell's bond.
After deliberating a little more than an hour, the jury acquitted him.
Having been locked up again during the trial, the 38-year old suspect had to process out of the jail... but he was then free to go.
[IN Q=IT HAPPENS IN]
((IT HAPPENS IN THE BLACK COMMUNITY ALL THE TIME. AND THESE BUMS ARE ALLOWED TO WALK FREE AND KILL SOMEONE ELSE.))
[OUT Q=someone else.]
[IN Q=This man walking]
((THIS MAN WALKING FREE WILL KILL SOMEBODY ELSE. I'M TELLING YOU, IT WILL HAPPEN. AND YOU ALL WILL SEE.))
[OUT Q=will see.]
The case was being closely watched for clues to the fire that broke out within hours of the shooting.
One witnesses said threats were made to burn down the rooming house, but we still don't know who did it.
Keith Humphry NEWS 7.))
[GRAPHIC=Right to Die]
An emergency request to reinsert Hugh Finn's feeding tube- has been denied.
A Prince William delegate made the motion yesterday claiming unhooking the tube violated medicaid procedures-
U-S district Judge Albert Bryan rejected the motion.
Finn is a patient at a nursing home in Manassas.
The former Louisville News Anchor has been in a vegetative state since a car accident three years ago.
The feeding tube was removed at the family's request October 1st.
A high profile attorney is preparing to take on the police department in Bluefield, West Virginia.
Johnnie Cochran has agreed to represent a West Virginia man who says he was paralyzed during a scuffle with Bluefield police.
Cochran intends to file a civil rights lawsuit on behalf of 20-year old Robbie Ellison.
Family members say he was paralyzed from the neck down after police placed him in handcuffs, threw him against the trunk of a car and then knocked him to the ground.
They also allege police dragged Ellison to an ambulance after Ellison allegedly told police he was hurt.
His Uncle, Willie Ellison, recently visited his nephew.
[IN Q=He refused to ]
((WILLIE ELLISON/ROBBIE'S UNCLE:HE REFUSED TO BELIEVE HE'S PARALYZED, HE KEPT ASKING ME TO HELP HIM GET UP, OUT OF BED SO HE COULD GET HIS CLOTHES ON, GET OUT OF THERE, I SAID ROBBIE YOU CAN'T WALK, HE INSISTS HE CAN WALK, WHICH IS VERY VERY SAD. ))
[SUPER=01-Willie Ellison/Robbie's Uncle; :00]
[OUT Q=very very sad.]
Bluefield's police chief allowed the officers to return to work-- saying, on the surface it appears they did nothing wrong.
But an internal investigation is underway-- which could change the Chief's position.
Now that the House has approved an impeachment inquiry, preparations for hearings are under way.
Monica Lewinsky, Vernon Jordan and Linda Tripp could be called to testify, but the House Judiciary Committee chairman says President Clinton likely will NOT be subpoenaed.
Jonathan Freed has the latest from Capitol Hill.
[SUPER=03-Washington DC; :00]
[SUPER=01-Rep. Paul McHale/(D) Pennsylvania; :31]
[SUPER=01-Rep. Robert Wexler/(D) Florida; 1:04]
[SUPER=01-Rep. Henry Hyde/(R) Chairman Judiciary Committee; 1:16]
[SUPER=01-Jonathan Freed/Reporting; 1:40]
[OUT Q=CBS News, Washington.]
History will record that on a gray, rainy day in Washington...a day that
matched the mood of many in the nation's capital...that the House of
Representatives voted for an open-ended impeachment inquiry against
31-DEMOCRATS CROSSED OVER to vote with the REPUBLICANS in favor of the
hearings...one of them leveling this at the chief executive:
REP. PAUL MCHALE/D-PA
HIS ACTIONS WERE NOT INAPPROPRIATE. THEY WERE PREDATORY, RECKLESS,
BREATHTAKINGLY ARROGANT FOR A MAN ALREADY A DEFENDANT IN A SEXUAL
THE WHITE HOUSE IS, UNOFFICIALLY, relieved THAT THE NUMBER OF Democratic
defectors was not as high as some had predicted. Officially, THE
PRESIDENT IS STICKING BY HIS PLAN OF BUSINESS AS USUAL IN WASHINGTON.
IT IS NOT IN MY HANDS, IT IS IN THE HANDS OF CONGRESS, AND THE PEOPLE OF
THIS COUNTRY. ULTIMATELY IT IS IN THE HANDS OF GOD, THERE IS NOTHING I
For the Democrats who voted against the inquiry, there was frustration.
REP. ROBERT WEXLER/D-FLORIDA
TODAY THE COUNTRY UNDERSTANDS THAT THE REPUBLICAN PARTY HAS CREATED ITS
LEGACY IN THIS CONGRESS. WE HAVE NOW BECOME OFFICIALLY THE CONGRESS OF
REP. HENRY HYDE/R-CHAIRMAN, JUDICIARY COMMITTEE
IT'S A VICTORY FOR THE PROCESS, IT'S A VICTORY FOR THE CONSTITUTION. THE
CONSTITUTION HAS PROVIDED FOR CIRCUMSTANCES LIKE THIS. OUR FOUNDING
FATHER AND FRAMERS DID AND WE FIND OURSELVES AT THIS TIME CONFRONTED
WITH A SITUATION THAT NEEDS RESOLUTION, SO THE PROCESS IS WORKING...
CBS NEWS, WASHINGTON.)) [S-Impeachment]
All but two of Virginia's Congressional delegation voted for the inquiry.
Ninth District Democrat Rick Boucher tried in vain to limit the scope of the inquiry ... and to finish it by the end of the year.
[IN Q=the country]
((REP. RICK BOUCHER: THE COUNTRY HAS ALREADY UNDERGONE SUBSTANTIAL TRAUMA. IF THE COMMITTEE CARRIES THIS WORK BEYOND THE TIME THAT IS REASONABLY NEEDED TO CONDUCT ITS COMPLETE AND THOROUGH REVIEW, THAT INJURY TO THE NATION WILL ONLY DEEPEN.))
[OUT Q=ONLY DEEPEN]
One of the Republicans who voted against Boucher's proposal was fellow Virginian Bob Goodlatte.
He said Congress needs an open-ended investigation to "follow the truth wherever it leads."
[IN Q=the country]
((REP. BOB GOODLATTE: THE CHARGES AGAINST THE PRESIDENT INCLUDE PERJURY, WITNESS TAMPERING AND OBSTRUCTION OF JUSTICE. THESE ARE SERIOUS CHARGES, CHARGES THAT CANNOT BE WIPED AWAY WITH A MERE WINK AND A NOD AND AN APOLOGY. OR SOMEONE'S INTERPRETATION OF THE LATEST OPINION POLL.))
[OUT Q=opinion poll]
All but two of Virginia's Democratic Representatives broke ranks and voted for an inquiry.
Rick Boucher and Bobby Scott, both members of the Judiciary Committee, voted against it.
[out=back to you.]
[SUPER=01-Julie Thomas/Charity League;]
[SUPER=03-Martinsville, Last Week;]
[double Boxes=SPA & MEL]
(toss to Melanie)
(ad lib toss to bump)
Offering more choices in education may be a key to improving the quality of schools.
It's the reason Danville is creating six "magnet schools" for specialized study.
[IN Q=(nats of music)]
[OUT Q=(nats of music)]
Music and the arts is one area of study elementary and middle school students will be able to explore.
Science, technology, and the environment are others.
The announcement of the new magnet schools came at a news conference this afternoon.
The program is being funded through a four-point six million dollar federal grant.
[IN Q=This level of funding]
((ANDY OVERSTREET/DANVILLE SUPERINTENDENT: THIS LEVEL OF FUNDING WILL PROVIDE THE STAFFING AND THE MATERIALS AND THE ADAPTIONS TO THESE FACILITIES WHICH FRANKLY WE WOULD NEVER BE ABLE TO AFFORD OTHERWISE ANY OTHER WAY.))
[SUPER=01-Andy Overstreet/Danville Superintendent;]
[OUT Q=any other way.]
Five of the magnet schools are already operational.
The sixth will open next fall in the old Woodrow Wilson School.
It will be a magnet for classical and contemporary arts.
A professional dancer from New York went toe to toe with area students-- giving them pointers on modern dancing AND succeeding in life.
Theresa Howard is a former member of the Dance Theater of Harlem.
She stopped by Westside Elementary School of the Arts yesterday evening to teach a group of fourth and fifth graders.
[SOT 16.40.00 - 16.40.15]
[IN Q=For kids to be]
((THERESA HOWARD: FOR KIDS TO BE EXPOSED TO THIS TYPE OF THING WHETHER IT BE BALLET, WHETHER IT BE AFRICAN DANCE, WHETHER IT BE IRELAND FOLK DANCE, IT'S IMPORTANT. IT'S ABOUT DIVERSITY AND ABOUT THEM FINDING THEMSELVES AND THEIR PERSONALITIES IN THE MOVEMENT AND DISCOVERING SOMETHING ABOUT THEMSELVES.))
[OUT Q=something about themsevles.]
Youngsters learned to move and groove to the latest steps in hip-hop dancing.
Many of them said just sharing the floor with Howard was a great experience.
[SOT 16.37.15 - 16.37.23]
[IN Q=I think it's neat]
((ESSENCE MCGILL: I THINK IT'S NEAT OF HER COMING HERE BECAUSE SHE GETS TO TRAVEL TO DIFFERENT PLACES AND GO HERE AND THERE AND --IT WAS A PLEASURE FOR HER TO BE HERE.))
[OUT Q=for her to be here.]
Howard just ended her stay as a resident artist at Hollins University.
She now heads back to New York to perform in the "Harlem Nutcracker".
[TAPE#=sports cut in]
In sports, Virginia Tech survives a sloppy battle in the rain.
Mike Stevens has the highlights.
Good Morning Mike.
[IN Q=Good morning]
[OUT Q=FFE at 11:35.]
Now here's another look at today's top local stories:
The opponents of a Roanoke County Home Depot store have followed through with their threat of a lawsuit.
Late yesterday, the Cave Spring Citizens Group and three individuals filed suit against the board of Supervisors, contesting their September 8-th vote.
Supervisors will take up the issue again on Tuesday with another public hearing and vote.
They have not responded to the lawsuit.
Tests could begin on the Woods End property next week.
That's where Roanoke County wants to build a new south county high school.
School officials signed an agreement with the landowner on Tuesday, ending weeks of negotiation.
And Willie Caldwell is a free man this morning.
A Roanoke jury took a little more than an hour to reach a NOT guilty verdict.
The trial was watched closely for new clues to the rooming house fire that broke out within hours of the shooting of Kevin Jones.
Some say it was in retaliation for the shooting.
(Steve mic hot)
(Steve ad lib weather)
[Melanie reads Time Off Promo]
Now that summer is over, you MIGHT think things are winding down at Roanoke's Mill Moutain Zoo.
But zoo officials say there's still PLENTY to do and see.
For example, this family of collard lemurs just arrived this summer, on loan from Duke University
The "zoo choo" is still chugging along, on its daily route.
And now that Autumn is here, both the animals and VISITORS may find they have more energy.
Kimberly McBroom re- introduces us to Mill Mountain Zoo in this week's
[Double Boxes -- Live Goodbye]
"Time Off" segment, coming up tomorrow at eight on News 7 Saturday Morning.