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THE BROWN COUNTY PRESS Serving Brown County, Ohio since 1973
Vol. 38 No. 1
Sunday, August 15, 2010
Sheriff facing suit following ‘big dig’ BY Wayne Gates The Brown County Press
The Brown County Press/SUBMITTED
PHOTO
This is the inside of the garage on the property of Jeanette Spanger following the execution of the search warrant on her property.
The Brown and Clermont County Sheriffs are facing a two million dollar civil suit in Federal Court after a ruling by the US Court of Appeals. Brown County Sheriff Dwayne Wenninger and Clermont County Sheriff Albert “Tim” Rodenburg, Jr. are also facing the trial as individuals, making them responsible for legal fees and any rulings against them. The appeal ruling stems from a search in Brown County in 2004 for evidence in a suspected murder. The men are accused of intentionally and unnecessarily destroying private property while executing a search warrant on property owned by Jeanette Spangler on Fayetteville-Blanchester
Road. It became known locally as “the big dig”. Officers from the Brown and Clermont County as well as the FBI were searching for the body of Carrie Culberson, who disappeared in August of 1996. Her ex-boyfriend, Vincent Doan, was convicted of kidnapping and aggravated murder in 1997 in relation to her disappearance. The search warrant was approved after “reliable informants” told the Clermont County Sheriff’s Office that Culbersons body was under a garage on Spangler’s property. Wennenger and Rodenburg, along with their deputies and a representative of the FBI, executed the search warrant on April 27, 2004. Cadaver dogs were brought in and holes were drilled into
the concrete floor of the garage. Dirt was extracted to search for human remains and then piled outside the garage. By May 3, personal property had been removed from the garage and placed outside. The complaint centers on the fact that dirt was dumped onto that property. including vehicles, damaging it. The search concluded on May 11. By that time, there was a hole in the Spangler garage that was 15 feet deep. In April 2006, Spangler and her son, Jerrod Messer, filed a lawsuit against the two sheriffs and the Board of Commissioners of both counties, alleging violations of civil and fourth amendment rights in connection with the execution of the search warrant. CONTINUED ON PAGE 12
Higginsport woman accused in Monroe dragging death Suspect reportedly was working as exotic dancer BY Wayne Boblitt The Brown County Press police have Monroe charged a Higginsport woman with leaving the scene of an accident after she allegedly dragged a Monroe man to his death under a sport utility vehicle on Aug. 7. Police in that city, which is located in both Butler and Warren counties, identified the suspect as being Kristina Hensley, 35, in two separate press releases sent to The
Brown County Press on Aug. 10. Hensley was bound over to a grand jury following a preliminary hearing held for her Aug. 10 in Butler County Area 3 Municipal Court in West Chester. She was charged, according to court records with “hitskip”, which in the Ohio Revised Code is a violation of a regulation requiring people involved in an accident to stop afterward. Police reported a call was
placed in the early morning hours of Aug. 7 to Naughty Bodies, an exotic dancer service whose address was given as Covington, Ky., asking for a dancer to come to 367 Timrick Place in Monroe for a private show. According to police, an investigation revealed that apparently “something” happened in that residence causing the dancer, whom they identified as being Hensley, to leave the residence quickly. Police stated Jae Cho, who
reportedly lived at that residence, followed Hensley to the street and apparently was in front of Hensley's vehicle as she left the scene. Hensley reportedly pulled into a Shell gas station at 1280 Hamilton Lebanon Road in Warren County. Monroe Police officers responded to that station following a call at 4:59 a.m. Aug. 7 for a report of a pedestrian being struck by a vehicle. Upon officers' arrival, the pedestrian, later identified as Cho, was found to be under the vehicle and appeared to
have suffered severe trauma, according to police. Monroe medics arrived on the scene and advised that Cho was deceased, police said. The initial investigation revealed the pedestrian was first struck by the vehicle, which police identified as being a Ford Explorer SUV, on Timrick Place near his home and dragged by the vehicle's driver to the Shell station. Cho's body was taken by the Warren County Coroner's Office. Police filed a charge CONTINUED ON PAGE 12
Submitted Photo
Kristina Hensley
Heat and humidity are on the way out BY Wayne Gates The Brown County Press
Operating restrictions at Moler Raceway Park in Sterling Township are currently the subject of two court battles.
Molers file appeal on racing restrictions BY Wayne Gates The Brown County Press The operators of Moler Raceway Park in Sterling Township have appealed the ruling issued by a judge in a civil lawsuit against them. They have also filed a request to have the restrictions ordered against them suspended while the appeal proceeds through the court system. Last July, Judge W. Richard Walton ruled that the Moler Raceway may only operate on Friday night, racing must stop
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Index Classifieds ..Pages 19, 20 Court News......Page 16 Death Notices.........Page 7 Education .......Pages 8, 10 Opinion ..............Page 4 Social..................Page 8 Sports ........Pages 13-15
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at midnight and the noise level must not exceed 75 decibels at 100 feet from the track. The judge also ordered that all lights and speakers be aimed downward at the track. If those restrictions are exceeded, Walton ruled that the racetrack would then constitute a “private nuisance”, presumably giving anyone opposed to the operation of the track the ability to file suit again. Joseph Trauth Jr, attorney for the Molers, said in a telephone interview that his clients consider the ruling a “non-enforceable decision”, based on a number of factors. “The judge ruled that the track was not a nuisance per se but could ‘ripen into one’”, Trauth said. “If you fail to show a nuisance then there isn’t a nuisance.” Trauth also said that there was ambiguity in the ruling about the decibel levels coming from the track and that the restrictions ordered by the judge were “subjective and not definitive.” When questioned about the appeal, Trauth said that “it’s too early to define what we’re asking for” but that the Molers were making a “good faith effort to operate within the definable restrictions of the CONTINUED ON PAGE 12
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The Brown County Press/WAYNE GATES
The time and temperature sign in front of Gold Star Chili giving the bad news last week.
years summer was not a record setter as far as temperatures go. ‘The summer’s heat is nothing unusual, though the warm nights have caused the average temperature to stay
above normal for most of the summer and we’ll end up well above normal for the summer of 2010. On the other hand, we didn’t set any records and we can’t compete with the CONTINUED ON PAGE 12
Royalty reprimanded by Western Brown School Board BY Wayne Gates The Brown County Press Western Brown Local School District Superintendent Jeffrey Royalty has received two letters of reprimand from the Western Brown School Board. The first, dated July 19, said “it has been brought to the Board’s attention that you failed to follow the proper procedures for the granting of an extended-limited contract for a teacher. This resulted in considerable expense to the Board when it attempted to non-
renew this teachers contract at the conclusion of the 20082009 school year. This expense and trouble would have been unnecessary had the proper statutory process for the granting of an extendedlimited contract been followed.” Royalty said that the circumstances in the letter were brought about when a teacher in the district was eligible for a continuing contract and the new building principal requested that the teacher be given a contract for one additional year instead.
Royalty approved the request. “That turned out to be wrong”, Royalty said. “What I should have done was pick up the phone and call the (district) lawyer.” The teacher filed a lawsuit that was eventually settled. The case cost the Western Brown School District ten thousand dollars, the deductible that applied to an insurance policy carried by the district. The second letter of reprimand is dated July 22. CONTINUED ON PAGE 12
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The Brown County Press/WAYNE GATES
You may have noticed the heat lately. Temperatures this week are not expected to rise above the mid 80’s, which is much cooler than they have been in the past couple of weeks. Meteorologist Rich Apuzzo, who works with MAX FM among other clients, said that while the heat is sometimes frustrating and uncomfortable, it’s to be expected this time of year. “Heat is a relative thing and while we might think it’s hot, it’s nothing unusual or unexpected in August:, said Apuzzo. “The number of 90 degree days from June through the first 14 days of August is actually quite typical for a summer, around 16 days.” He also said the discomfort is related to that old cliche...it’s not the heat, it’s the humidity. “The trouble hasn’t really been the measured air temperature as much as it has been the high humidity, which makes it feel hotter than usual.” “The combination of a stubborn weather pattern,
high pressure in the upper atmosphere providing abundant sunshine and limited rain chances and an unusually moist atmosphere have led to very warm days and warm nights.” Apuzzo also said that the weather misfortunes of others have also lead to some high humidity in Brown County. “One thing of interest in our part of the world…there was a lot of rain across parts of the Midwest and Ohio Valley. That led to flooding in many areas. Now that moisture has been evaporated into the atmosphere without strong storm systems to mix it out or rain it out…and that’s what led to the humid pattern here for the past 2 months.” Apuzzo added that cooler temperatures are not that far off for southern Ohio. “We’re already seeing a change and it appears that we’ll be seeing cooling over the next two weeks, or at least temperatures cooler than they have been in the past two weeks. In addition, more wind will mean more drying of the air…so change is already here and ongoing. Enjoy it!” Apuzzo said that although it might have felt like it, this
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Submitted Photo
Jeff Royalty