By CATHERINE WILSON
AP Business Writer
MIAMI (AP) - Hundreds of thousands of sick smokers slated to receive
a share of the colossal $145 billion punitive damage award levied
against the tobacco industry may die before ever getting a penny
from the tobacco companies.
Moments after Friday's devastating verdict, tobacco companies promised
to appeal.
The companies had sought a verdict of less than $400 million and claim
the historic damage award would put their industry out of business.
They also say no final order can be signed for decades until
all smokers have their individual compensation claims heard.
Although the two-year-old trial officially concluded with the damage
award, lawyers get only a weekend break before returning to court
Monday to discuss the next steps. Attorneys representing the 300,000
to 700,000 sick Florida smokers plan to request a speedy process
once the industry appeals.
Meanwhile, some officials who negotiated the states' $257 billion
national settlement with the industry expressed concerns that
Friday's jury award could threaten their ability to collect on that
settlement.
Louisiana state Treasurer John Kennedy fears the jury decision could
effect annual payments on the state's $4.6 billion share of the
settlement, and he wants to build security for the programs the settlement
money is financing by selling bonds. The Florida Legislature
set up bonding mechanism for its $13 billion share last spring,
with the bonds to be paid off as the tobacco settlement payments
come in.
''This is just another reason why we can't afford to gamble with money
dedicated to health care and education on the future of the tobacco
industry,'' Kennedy said. Among other things, the state uses
those payments to fund college scholarships and make up budget shortfalls
in the Department of Health and Hospitals, which administers
Medicaid.
But other attorneys general who negotiated the national tobacco deal
show less concern about the flow of funds.
''I don't think it will have any effect on it, at least at this point,''
said Mississippi Attorney General Mike Moore, a leader in the
efforts by state to sue to tobacco industry. Though he said he agrees
with Big Tobacco that the verdict is financially beyond the reach
of the nation's five biggest cigarette makers. ''It wouldn't be
even a question of bankruptcy. They would be out of existence,'' he
said.
Joe Cherner, a witness for smokers as a former Wall Street trader
and founder of Smokefree Educational Services, expects smokers
to see the first financial impact in higher prices.
Cigarette makers ''can raise the price of cigarettes tomorrow and
take in as much money as they need to pay,'' he said. ''They have
the luxury that smokers are addicted.''
Ahron Leichtman, head of Citizens for a Tobacco-Free Society, hopes
other attorneys will add to the 1,000 lawsuits pending against
Big Tobacco and ''peck the industry to death.''
But he also expects heavy tobacco lobbying in Washington.
''This industry will go to the U.S. Congress and try to get immunity
from future class-action suits,'' Leichtman said. ''That's what
they fear the most.''
Anti-tobacco activist Richard Daynard, a Northeastern University law
professor, believes any federal concessions to tobacco will come
at a price.
Tobacco companies ''are really in big trouble now, and they are really
going to have to change their ways,'' Daynard predicted. ''They
are going to come begging to Congress for any kind of consideration.''
Meanwhile, the courtroom battles are not over in Miami. The state
Legislature imposed a $100 million appeal bond during the case,
a measure designed specially for the tobacco industry. The smokers'
attorneys will challenge the constitutionality of the mid-trial
measure and push the industry to post a bond under the old
115 percent law - $167 billion.
Tobacco lawyers insist they don't have to pay any bond until the last
of the smokers' compensatory claims is decided in 75 years or so,
and they're counting on mistrial motions that the judge left undecided
to make the entire trial go away.
Asked how much longer the case would remain before Circuit Judge Robert
Kaye, Philip Morris Inc. associate general counsel Gregory Little
said, ''I couldn't even make a wild guess at this point.''
If, and when, any monies are distributed to the plaintiffs, it will
be too late for Angie Della Vecchia. Her videotape was played to
the jury after she died of lung cancer to support her husband Ralph's
claim for damages as her survivor.
''She's looking down on us,'' Ralph Della Vecchia said, looking skyward
from the courthouse steps after hearing the verdict. ''I think
she'd be happy.''
By KIA SHANT'E BREAUX
Associated Press Writer
ROANOKE, Va. (AP) - Virginia's tobacco supporters were appalled by
a Florida jury's verdict ordering the tobacco industry to pay $145
billion to that state's sick smokers and wondered how the decision
would affect Virginia in the long run.
But smoking opponents said the tobacco industry is getting its just
due.
''I was staggered by the amount of the jury award,'' said U.S. Rep.
Virgil Goode, an independent who represents much of Virginia's tobacco-growing
region. ''We'll just have to wait and see how it all plays
out.''
Tobacco growers were concerned about the verdict possibly having a
negative impact on prices.
''It scares the heck out of people like us who are trying to make
a living growing tobacco,'' said C.D. Bryant, a Pittsylvania County
tobacco grower and executive director of Concerned Friends for
Tobacco.
''All of us have been fearful. You can't push the industry but so
far.''
Tobacco growers already were concerned by lower-than-average prices
they received this year as a result of the national tobacco settlement.
Reduction in quotas - the amount of tobacco the government
allows farmers to grow - also cut into growers' profits this
year.
''I feel like a whipping boy, I really do,'' Bryant said.
Bobby Wilkerson of Ringold is growing 26 acres of flue-cured tobacco
this year on land that has been in his family since his great-grandfather
farmed it. That is just under half the acreage he farmed
a year before.
''I am the end of the tobacco generation,'' Wilkerson said after he
heard the verdict in Florida. ''We've been fighting this tobacco fight
now for seven years, and it looks like it's just getting worse
and worse every year,'' he said. ''What was that amount, $145 billion?
I will be darn.''
Goode said the verdict could eventually lead to increased competition
abroad.
''My fear is that the shortsightedness of that decision is going to
result in Chinese farmers being the producers of tobacco for this
country.''
Aggie Cavender, who has owned and operated The Cigarette Store in
Richmond for four years, blasted the decision.
''It's crazy. It's ridiculous,'' said Cavender, 41, who said she quit
smoking about four years ago because of health reasons. ''Nobody
twisted these people's arms to smoke. This is unfair.''
But Hilton Oliver, the executive director of the Group to Alleviate
Smoking in Public - or GASP - said the tobacco industry ''conspired
to kill people and lied about it.''
''They deserved this,'' Oliver, of Virginia Beach, said. ''They were
so arrogant and they thought they were bullet proof and that this
would never happen.''
He said he has no sympathy for tobacco farmers.
''It's their choice to grow something they know addicts and kills
people,'' he said. ''They try to distance themselves from the tobacco
companies, but they know Philip Morris and RJR are down there
at the warehouses buying their product.''
Bryant said the hazards of tobacco are so well known that he can't
believe any smoker fails to understand the risks.
''You have to not even live on this planet to think, 'If I smoke this
cigarette, it's absolutely safe.'''
Bruce Jones, a tobacco extension agent in Pittsylvania County, said
the verdict was depressing news.
''What worries me is that the Florida case is just concerning one
state,'' Jones said. ''This may open the door for similar suits to
arise in the remainder of the states.''
Joint consolidation study committee reports are among items
on the agenda when county supervisors and the South Boston and
the Town of Halifax councils meet tonight.
The E-911 Dispatch Center, library consolidation, water and sewer
and industrial development are on the agenda.
The regular joint session will meet at 6 p.m. in the Mary Bethune
Office Complex in Halifax.
Supervisor James Edmunds' proposed 100-acre gift to be developed
as a park is also expected to be addressed. Supervisors have proposed
a joint South Boston/Halifax County study committee be formed
to investigate park development at the site off U.S. Route 360.
The land is within South Boston's boundaries.
Also on the Monday night agenda, the Halifax County Educational
Foundation bond issue, courthouse perimeter parking, information
regarding the Roanoke Summit, to be held here Tuesday, July 25.
The Roanoke Summit is expected to draw citizens from regions both
in Virginia and North Carolina interested in preserving local
water rights.
Halifax Town Council will hold two separate public hearings
on zoning issues Tuesday night at the Halifax County Career Center
on Main Street.
The first public hearing begins at 7 p.m. in the conference room.
During the first hearing, council will hear public comment on
its planning commission's recommendations for amendments to the
town zoning ordinance and zoning map.
The commission presented its proposed comprehensive zoning map
for the town's Five-Year Plan - one including the newly incorporated
areas of the town - during a June 26 public hearing.
Town of Halifax zoning includes R-1, single family residential,
R-2, multifamily residential, and C-1, commercial zones, but not
A-1, agricultural.
The second public hearing, scheduled for 7:45 p.m., will address
the planning commission's recommendation to council to deny a
request from Allen Stevens to have eight lots in the Houston Springs
Subdivision rezoned to allow the placement of multi-sectional
manufactured homes.
Houston Springs Subdivision fronts approximately 1,184 feet on the western side of Route 652 (Crawford Road) and starts approximately 100 feet southeasterly from the intersection of Highway 360 and Route 652.
Lowell David Miller, a 23-year-old South Boston man, was found
guilty on Friday of a robbery at the Hilltop Motel in South Boston
on December 3, 1999.
Judge William L. Wellons also found Miller guilty of use of a
firearm to commit the robbery after the bench trial in 10th District
Circuit Court in Halifax.
In the incident, a clerk at the motel was confronted by a masked
individual carrying a long gun.
The clerk was told to place an undisclosed amount of cash on the
counter and lie on the floor.
The suspect then took the money and fled the scene.
Miller was also found guilty of attempted robberies at the Riverdale
Food Lion and Pizza Hut Restaurant in South Boston on December
10, as well as use of a firearm to commit robbery in both incidents.
Miller was additionally found guilty of a merged count of conspiracy
to commit a felony relating to the attempted holdups, as well
as misdemeanor assault and battery against a Food Lion employee
in that incident.
According to commonwealth evidence, eyewitnesses in both incidents
described the color and type of vehicle driven from the scene
by the suspects.
After a description of the vehicle was circulated, it was spotted
early the next morning at a local residence.
The descriptions were similar to that given by a witness in the
Hilltop Motel robbery a week earlier, when a car was seen leaving
the motel about the same time as the robbery was reported.
The residence was placed under surveillance, and Miller was taken
into custody early the next day.
Miller was remanded to custody following the verdicts.
The other suspect, 42-year-old Jay Francis Anderson, of South
Boston, is awaiting trial.
The Person County, N.C. sheriff has gone on record protesting
the impending release of convicted killer Noel Hamlett who has
been in a North Carolina prison since January, 1984 for the murder
of an elderly woman whose body was found in Turbeville.
"I believe he will kill again," Sheriff Dennis Oakley
said in a recent interview with the Roxboro, N.C., Courier Times.
"I have written a nasty letter to the parole commission telling
them that I believe he will kill again and the blood will be on
their hands," he said.
The North Carolina Post-Release Supervision and Parole Commission
has set an August 6 release date for Hamlett, who at the time
of his arrest was 26 and gave an address of Route 1, Milton, N.C.
He was originally sentenced to 50 years in prison following a
plea of no contest.
Under North Carolina's old parole laws, he is now eligible for
release.
Sixty-nine-year-old retired school teacher Regina Johnson's body
was found in Turbeville in November 1983 after she disappeared
from her Semora, N.C., home in mid-November.
She had died of multiple stab wounds.
Oakley, a detective with the Sheriff's Department at the time,
found the body after a systematic search of farm roads between
Semora and Turbeville, a distance of about six miles.
In recent days Oakley has said he has heard from residents of
the Cunningham Township who are afraid of Hamlett's release.
"The people of Cunningham are contacting me and they are
afraid of him," he said.
Copies of the sheriff's letter have also been forwarded to both
North Carolina Governor Jim Hunt and Attorney General Mike Easley.
A 24-year-old South Boston man was arrested Friday by sheriff's
deputies on multiple charges stemming from a malicious shooting.
Gregory Tryone Venable, 24, of Love Shop Mobile Home Park, was
charged with the felonious assault of Veronica J. Robertson, using
a firearm in the commission of a felony and the possession of
a firearm after being a convicted felon.
The alleged offenses occurred on June 24.
In other police reports:
A report given by a 22-year-old female has led to an investigation
by the South Boston Police Department into an 11:14 a.m. accident
Tuesday, after the female entered the Emergency Room of Halifax
Regional Hospital for treatment of injuries.
While further information was unavailable Sunday afternoon at
press time, it was reported that Officer D. Snead and Sgt. D.L.
Blanks are conducting the investigation.
· Charles Edward Williams, 28, of Clover, faces multiple
charges after a single-vehicle crash Saturday afternoon in the
eastern part of Halifax County.
Trooper S.M. Krantz said a charge of driving under the influence
resulted after the 1982 Dodge driven by Williams ran off of the
left shoulder of Falkland Road (Route 716) and struck a tree.
The 12:45 p.m. crash occurred one mile south of MacDonald Road
(Route 344) and totalled the vehicle, according to Krantz.
Williams was injured but refused medical treatment, said the trooper.
Besides the DUI charge, which was the second in a year, Williams
also was charged with possession of marijuana, driving with a
suspended license, driving without a seatbelt, no state registration
on the vehicle, no insurance on the vehicle and no inspection
sticker on the vehicle.
· A two-vehicle crash involving a beer truck occurred Wednesday
afternoon on River Road (Route 659), one-half of a mile east of
Birch Creek.
Trooper M.S. Roark said Sherry Henderson Eggleston, 31, of South
Boston, was driving a 1996 Nissan on the wrong side of the road
and struck a 1992 International tractor-trailer, belonging to
the Blue Ridge Beverage Company and driven by Tracy Hedrick, 33,
of Halifax.
After striking the truck, Eggleston lost control of her vehicle
and overturned, said Roark.
The trooper estimated $10,000 in damages to the Eggleston vehicle
and $500 to the truck.
Eggleston was charged with failing to drive on the right side
of the highway.
Ester Coleman Morton, age 83, of South Boston, died July 12
at Woodview Nursing Home.
Mrs. Morton was born in Halifax County on April 12, 1917.
Survivors include her nieces and nephews.
Funeral services for Mrs. Morton were held July 15 at 11 a.m.
at Womack Chapel Holiness Church with burial in the Coleman Family
Cemetery. Elder Joseph Dixon officiated.
John Thomas Lester Jr., age 91, of 212 Cherry Street, South
Boston, died July 15 at Berry Hill Nursing Home.
Mr. Lester was born in Halifax County on July 5, 1909 the son
of John Thomas Lester Sr. and Mary "Mamie" Susan Dickens
Lester and was married to Helen Howard Lester. He was a member
of Center United Church of Christ and a retired tobacco buyer
for Brown and Williamson Tobacco Company.
Graveside services were held July 16 at 2 p.m. at Halifax Memorial
Gardens with the Rev. Tom D. Walker conducting the service.
Survivors of Mr. Lester include his wife; one son, Thomas Howard
Lester Sr. of Culpeper; one daughter, Martha H. Lester of South
Boston; one grandson, Thomas Howard Lester Jr. of Culpeper; two
granddaughters, Vicki Lester Mercadante of Forest and Valeri Lester
Meza of Rhoadesville; three great-grandchildren, Alyssa and Kelsey
Mercadante of Forest and Andrew Thomas Lester of Culpeper; and
one brother, James Edward Lester Sr. of Columbus, Ga.
Elner Carr (Shinn), age 72, of Philadelphia, Pa. died July
11 at Cooper Hospital in Camden, N.J.
Ms. Carr was born in Halifax County on July 14, 1927.
Survivors include her mother, Gaynell Carr of Philadelphia; one
daughter, Lois Rolax of Camben; one son, Alfred Carr of Philadelphia;
five grandchildren; and two great-grandchildren; and one sister,
Julia Carr-Hill of Camden.
Funeral services were held July 16 at 2 p.m. at Sunflower Baptist
Church with burial in the church cemetery. The Rev. Robert Tucker
officiated.
Willie Lee (Billy) Moss Jr., age 63, of 2165 Cowford Road,
Halifax, died July 16 at his home.
Mr. Moss was born in Halifax County on February 8, 1937, the son
of Willie Lee Moss Sr. and Lizzie Mae Dunkley Moss and was married
to Julia Anderson Moss. He was a member of Mt. Laurel United Methodist
Church, a member of Mt. Laurel Ruritan Club, and the National
Guard.
Survivors include his wife; one daughter, Sheila Garmon and her
husband, Clayton of Clover; one son, Chad Moss of Clover; two
sisters, Carolyn Riddle of Richmond and Barbara Lepkowicz of Oak
Creek, Wis.
Funeral services for Mr. Moss will be held at Mount Laurel United
Methodist Church with the Revs. Ann Tang and H.V. Conner officiating.
Burial will take place in Clover Cemetery. The date and time of
the service was not available at press time, but will be announced
later.
The family will receive friends at Powell Funeral Home and other
times at the home.