7/19/07

Anderson jury again says it can't reach verdict

Thursday, July 19, 2007

By Marcie Young
Charlotte Observer Staff Writer

GASTONIA -- For the second time this week, jurors in the Jerry Anderson murder trial Thursday told the judge that they are deadlocked and cannot return a verdict.

The foreperson told Judge David Cayer that the jury has been unable to reach a unanimous decision and that the spilt between jurors was 10 to two. Cayer told jurors that he did not want to know whether the majority was hoping to return a guilty or a not guilty verdict.

Juror opinions, the foreperson told Cayer, have fluctuated since deliberations began six days ago, but the jurors tend to return to their original stance on whether Anderson should be found guilty of killing his wife, Emily.

"You have not been able to agree upon a verdict," Cayer told the jury, "(but) as reasonable men and women, you should try to reconcile your differences as you can."

Jury compensation has cost the state more than $17,000 since the trial began June 8.

Jerry Anderson, 48, faces first-degree murder charges in the shooting death of his wife and could face the death penalty.

Emily Anderson disappeared from her husband's dairy farm Dec. 29, 2005. Ten days later, her Chevrolet Silverado pickup was found 100 miles away in an S.C. parking lot. She had been shot twice and her body crammed into the truck bed's large toolbox.

Cayer has told jurors that they can find Anderson guilty or not guilty only of first-degree murder, not a lesser charge.

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7/17/07

Jurors in slaying trial reports split

Tuesday, July 17, 2007

By Marcie Young
Charlotte Observer Staff Writer

GASTONIA -- Jurors in the murder trial of a Caldwell County man charged with killing his wife were to resume deliberations today after leaving the Gaston County Courthouse on Monday in a deadlock.

Shortly before 4:45 p.m. Monday, the jury foreman gave Judge David Cayer a note saying "a few of the jurors seem unwilling to state reasons why they believe one way or another."

The foreman did not say in her note how many jurors disagreed with the majority. "Opinions," she wrote, "have been stated and are unwavering."

Cayer told defense attorneys, prosecutors and jurors, who had been deliberating for nearly 15 hours, that the jury needed to discuss the case further and try for a unanimous decision.

"Given the length of this trial and the complexity of this evidence, I'm not going to stop deliberations," he said.

Jerry Anderson, 48, faces first-degree murder charges in the shooting death of his wife, Emily, and could face the death penalty.

Emily Anderson disappeared from her husband's dairy farm Dec. 29, 2005. Ten days later, her Chevrolet Silverado pickup was found 100 miles away in an S.C. parking lot. She had been shot twice and her body crammed into the truck bed's large toolbox.

Cayer has told jurors that they can find Anderson guilty or not guilty only of first-degree murder, not a lesser charge.

The motive, prosecutors have argued, was Emily Anderson's $4 million life insurance.

Attorneys for Anderson have argued that Emily Anderson had been dead two to four days when her body was found, about a week less than the prosecution said.

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7/16/07

Deliberations continue in Anderson trial

Monday, July 16, 2007

By Marcie Young
Charlotte Observer Staff Writer

GASTIONIA --Jurors in the Jerry Anderson murder trial broke for today, after 12 hours of deliberation, without a verdict.

Anderson, 48, faces first-degree murder charges in the shooting death of his wife, Emily, and could face the death penalty if convicted.

Prosecution and defense attorneys presented nearly 500 exhibits, and more than 50 witnesses testified since the trial began on June 8.

Judge David Cayer has told jurors that they can only find Anderson guilty or not guilty of first-degree murder, not a lesser charge.

Emily Anderson disappeared from her husband's Caldwell County dairy farm on Dec. 29, 2005.

Ten days later, her Chevrolet Silverado pickup was found in an S.C. restaurant parking lot, about 100 miles from the farm. She had been shot twice and her body crammed into the truck bed's large toolbox.

Prosecutors have argued that, on Dec. 29, Jerry Anderson shot and killed his wife in a pasture behind the farm, put her body into the toolbox of her truck and, using his own pickup, hauled it to South Carolina.

The motive for the slaying, prosecutors have argued, was the more than $4 million insurance on Emily Anderson's life.

Attorneys for Anderson have argued that Emily Anderson had been dead two to four days when her body was found, about a week less than the prosecution said. His attorneys also argued that investigators decided prematurely that Anderson killed his wife and ignored evidence showing otherwise.


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7/15/07

Play me some mountain music

Sunday, July 15, 2007

By Marcie Young
Charlotte Observer Staff Writer

LENOIR -- Beneath a canopy of oak and pine trees, nestled in a Caldwell County mountain hollow, Glenn Bolick strums his guitar and sings a mellow, bluegrass tune about the things he knows.

"I'll cut timber, wherever I can," he sings. "My daddy's, daddy's daddy was a sawmills man."

Every Sunday from July to September for the past 12 years, Bolick -- a fourth-generation sawmiller -- and his wife, Lula, have hosted an informal jam session in their yard for folks wanting to pick a banjo, play the washboard or pluck the single, thick string attached to a metal washtub.

"We started this to get the young people with the old-timers," he said. "A lot of young folks get inspired by this."

Last week, about a dozen musicians -- from fiddlers to banjo players -- gathered beneath a covered ground-level stage and began playing. They played a few gospel tunes, some mountain music and, of course, bluegrass.

Lynn Feldman, 76, strummed at the washboard with metal tips covering her fingers, while her husband, Al, played the musical saw. Neither are professional musicians, but about 10 years ago, the couple -- who live in Florida and spend summers in Blowing Rock -- heard about the bluegrass jam and decided to see what it was all about.

Bolick, who jokes with his audience, tells stories and encourages them to play, held up the washboard on one of the Feldmans' first visits.

"He said, `Does anyone want to try this?' " Lynn Feldman recalled. "I raised my hand and said, `I will.' "

Now every Sunday, Lynn and Al Feldman, a retired pediatric radiologist who plays banjo and the musical saw, spend their day with Bolick's band.

"We jam around wherever we can," said Al Feldman, 78. "It's a great way to spend a Sunday afternoon."

Last week, an audience of more than 60 people sat on benches formed from planks of wood resting on top of thick cinder blocks, swayed to the tunes or tapped their feet. Some, at Bolick's prodding, got up to dance.

"If you want to do some dancing, some flatfoot, you better get on up here," Bolick said, his guitar resting on his lap.

Here, in the leafy hollow filled with a half-dozen antique, wooden buildings, the Bolicks have preserved the tradition of the Appalachians.

"Music like this," said Lula Bolick, "there's not much of it that still goes on. This is something that doesn't happen a lot, and people like it. It's laid back."

And it hasn't gone unnoticed with bluegrass fans from across the state, who make the trek to southern Caldwell County to listen, watch and learn.

"It's getting harder and harder to find," said Chip Duncan of Charlotte. "We're losing a lot of our culture in this country, and we need to remember the roots."

Duncan and his wife, Jane, are natives of the South -- he's a Virginian and she's from South Carolina -- and spend their free time traveling state to state in search of traditional mountain music.

Bolick, they said, has it figured out.

"(The buildings and music) all add to the community he's trying to construct here," Duncan said. "It's great."

Want to Go?

Spend a summer afternoon with Glenn and Lula Bolick, listening to bluegrass, gospel and traditional mountain music at the 12th season of Mountain Music Jammin' near Lenoir.
The event, from 2 to 5 p.m. on Sundays though September, is open to all musicians. Cloggers and two-steppers are welcome on the dance floor.

Seating is available, and lawn chairs are welcome. Picnic tables, restrooms and parking are also available. No alcoholic beverages allowed.

The event is at the family-owned Bolick and Traditions Pottery, about three miles south of Blowing Rock and 14 miles north of Lenoir off U.S. 321. Turn left onto Blackberry Road beside St. Mark's Lutheran Church on U.S. 321. Go one-half mile, then turn right at Bolick Road.

Details: www.traditionspottery.com/music.html

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7/13/07

Murder case against farmer laid out

Prosecutor: Man shot wife, put her in toolbox to get insurance money

Friday, July 13, 2007

By Marcie Young
Charlotte Observer Staff Writer

GASTONIA - Jurors in the Jerry Anderson trial spent more than four hours Thursday trying to decide if the Caldwell County dairy farmer killed his wife, but ended the day with no verdict.

Anderson, 48, faces first-degree murder charges in the shooting death of his wife, Emily, and could face the death penalty if convicted. Jurors, who began deliberations shortly after 11 a.m. Thursday, will resume deliberations today.

For the first time, Assistant District Attorney Eric Bellas put all the pieces of testimony together to describe how investigators believe Anderson killed his wife and disposed of her body.

On Dec. 29, 2005, Bellas said, Anderson shot Emily Anderson in a pasture near the couple's dairy farm and put her body into the toolbox of her truck.

Then, Bellas said, Anderson attached the truck to one of the trailers kept on the farm and, using his own pickup, hauled it to South Carolina.

In the days after Emily Anderson was last seen in Caldwell County, Bellas argued, Anderson talked with friends and farmworkers to create false alibis.

The motive for the slaying, Bellas said, was the more than $4 million insurance on Emily Anderson's life.

"Jerry Anderson had everything to gain by Emily's death," he said.

Ten days after Emily Anderson was last seen in Caldwell County, her Chevrolet Silverado pickup was found in an S.C. restaurant and hotel parking lot, about 100 miles from the farm. She had been shot twice and her body crammed into the truck bed's large toolbox.

Attorneys for Anderson on Wednesday recounted testimony from experts who said his wife had been dead two to four days when her body was found, about a week less than the prosecution said. His attorneys also argued that investigators decided prematurely that Anderson killed his wife and ignored evidence showing otherwise.

"They have a theory," said Anderson's attorney, Lisa Dubs. "They just want to bring their opinions into the courtroom and have you decide."

Judge David Cayer told jurors they could only find Anderson guilty or not guilty of first-degree murder, not a lesser charge.

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7/12/07

Defense: State has theory, not proof

Closing statements in Anderson murder trial to wrap up today

Thursday, July 12, 2007

By Marcie Young
Charlotte Observer Staff Writer

GASTONIA --Attorneys for Jerry Anderson, the Caldwell County dairy farmer on trial for killing his wife, argued Wednesday that prosecutors have failed to make a case and that investigators ignored evidence showing Anderson's innocence.

"If you accuse someone, you have to prove it," Anderson's attorney Lisa Dubs told the jury. "The state has a theory, a speculation about what happened ... and they're going to ask you to put it all together for them."

But Assistant District Attorney Eric Bellas said that's exactly what jurors should expect.

"The defense has told you that it is not your job to figure out the mystery," Bellas said. "But that is your job."

Dubs, in her nearly three-hour closing statement Wednesday, tried to discredit witnesses called by the prosecution, arguing that investigators "jumped to judgment" and didn't follow leads that would clear Anderson.

Investigators didn't go to South Carolina to talk to people who may have seen Emily Anderson alive in the days after her husband reported her missing, Dubs said.

And that they didn't look at Jerry Anderson's cell phone records to see if he had been making calls from Caldwell County the day his wife disappeared, she said.

Bellas argued that Emily Anderson was last seen alive Dec. 29, 2005, near the couple's Sawmills farm. Ten days later, her Chevrolet Silverado pickup was found in an S.C. restaurant parking lot, about 100 miles from Caldwell County. She had been shot twice and her body crammed into the truck bed's large toolbox.

Dubs recounted testimony from experts who said Emily Anderson had been dead two to four days when her body was found.

But Bellas argued that Emily Anderson was killed Dec. 29. Workers, he said, heard two gunshots after watching Emily and Jerry Anderson drive into the woods together. Prosecutors are expected to finish closing statements this morning.

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Richardson to challenge Cohen

Says decision took `a lot of arm-twisting'

Thursday, July 12, 2007

By Marcie Young
Charlotte Observer Staff Writer

Less than two years into retirement, the former president of Western Piedmont Community College is looking to become mayor of Morganton.

Jim Richardson, who stepped down in November 2005 after 25 years as the college's president, announced this week that he'll challenge 22-year incumbent Mayor Mel Cohen.

Richardson, who didn't have any plans to work after retirement, said the decision to run didn't come quickly or easily.

"It took a lot of arm-twisting," he said. "A lot of folks feel like a lot of great things have happened in Morganton, but that it's time for a change."

The Morganton mayoral races are nonpartisan, meaning candidates are not affiliated with political parties, and Cohen has won past elections with crushing margins over his opponents or has been unopposed.

In the last election, Cohen secured his ninth term by defeating challenger Tom McCurry, 920 to 263. In 1999, when he faced what many considered a formidable opponent -- Burke County attorney Dan Kuehnert -- Cohen won with 72 percent of the vote.

But Cohen, who was elected in 1985, said he expects Richardson to be a tough opponent.

"He's very much a challenger. He has built a reputation in the community and ... (is a) bona fide, reputable candidate," Cohen said. "(But) this is something I have to work for every four years."

Richardson said he's running because many city residents have told him they're looking for a new face in City Hall. But he's still learning about where people want to see change, he said.

"I don't know exactly," Richardson said, "But that's what I want to find out. I want to know what they think we need."

Richardson said he is most interested in economic development, providing opportunities for Morganton youth and offering aid to residents on fixed incomes.

Cohen, meanwhile, said residents only have to look around the city to see why he's the better candidate.

"Our downtown is a crown jewel," he said. "And we've become a model town in North Carolina for what we've done."

His vision for the city, which has included the development of the greenway and recreational facilities, reviving downtown and offering city-owned cable and electric systems for less cost than mainstream providers.

"I've only been in 22 years," Cohen said, "and I've done a tremendous job."

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7/7/07

Witnesses refute day woman died

She was alive after the day prosecutors say she was killed, workers say

Saturday, July 7, 2007

By Marcie Young
Charlotte Observer Staff Writer

GASTONIA --Witnesses in the trial of a Caldwell County dairy farmer charged with killing his wife testified Friday that they saw Emily Anderson alive several days after the prosecution claims she was killed.

And a forensic anthropologist also testified that Anderson had been dead only three or four days when her body was found in South Carolina, further countering the prosecution's version of events.

The double blow came during the first day of testimony by defense witnesses in the trial of Jerry Anderson, 48, who is on trial for murder in the death of his wife, Emily, 49.

The prosecution wrapped up its case Thursday, arguing that Jerry Anderson shot and killed his wife on their Caldwell County farm on Dec. 29, 2005.

On Jan. 7, 2006, Emily Anderson's body was found in the parking lot of an S.C. restaurant and Quality Inn, about 100 miles from Caldwell County. Her body had been stuffed into the large tool compartment of her pickup.

But two witnesses testified Friday that they saw Emily Anderson alive in South Carolina days after her husband reported her missing on Dec. 29, according to the Observer's news partner, WCNC.

Betty Dillard and Tammy Beltcher worked at the Quality Inn in December 2005 and January 2006, and both women testified Friday that they had seen Emily Anderson in the parking lot Jan. 3, according to WCNC.

Forensic anthropologist Murray Marks also testified that Emily Anderson likely died just a few days before her body was found in the large toolbox attached to her pickup.

Prosecutors have argued that Emily Anderson was shot and killed Dec. 29 in a pasture behind her husband's dairy farm. But Marks testified that "there's no way she had been dead for nine days" when her body was found Jan. 7. "The body was pretty fresh," he said.

Marks estimated that Emily Anderson had been dead between three and five days.

Prosecutors spent nearly a month trying to show that Anderson was responsible for the murder of his wife.

Assistant District Eric Bellas argued that the Andersons' marriage had become loveless and that Anderson was overburdened by increasing debt and fixated on expanding his dairy business.

Court documents show that Emily Anderson's life was insured for more than $4 million, and authorities have said they believe at least part of the motive in her slaying was financial gain.

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Shots fired from car in chase

Incident ends with one driver crashing into telephone pole

Saturday, July 7, 2007

By Marcie Young
Charlotte Observer Staff Writer

Several shots were fired at a Newton man driving along U.S. 70 in Hickory after he began chasing the driver of another car, police said.

On Wednesday night, Kelvin White, 34, of Newton stopped his Pontiac Grand Prix behind a Honda parked at a red light on U.S. 70. When the light turned green, White told police, the Honda didn't move, so he started honking his horn, said Capt. Clyde Deal of the Hickory Police Department.

White told police that the driver of the Honda stepped out of the car holding a metal pipe and began yelling, Deal said. White told police he also climbed out of his car and then saw that the Honda's passenger was brandishing a gun.

Both men got into their vehicles and headed east on U.S. 70, Deal said. White told police that the passenger in the Honda began shooting at White and his passenger, 38-year-old John William Powers of Hickory. One bullet hit the middle of White's windshield, Deal said.

The driver of the Honda sped through a red light, White told police, and he followed, Deal said. White had to swerve to avoid hitting another car entering the intersection of 25th Street Boulevard and slammed into a telephone pole, Deal said. White was not charged.

Police are looking for Honda's driver and passenger, who witnesses said were two males in their early 20s.

Anyone with information is asked to call the Hickory Police Department at 828-328-5551.

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His 2 great loves: Baseball, biking

Firefighter flew to Charlotte to start annual summer trek

Saturday, July 7, 2007

By Marcie Young
Charlotte Observer Staff Writer

Call it his Tour de South.

Jeff Sambur, a 52-year-old cyclist from Colorado, is taking to Southern roads this summer, riding from city to city to catch minor league baseball games in the Carolinas and three other states.

He's been in North Carolina less than a week, but the Fort Collins firefighter already has covered more than 100 miles.

He flew into Charlotte on Tuesday, and by Friday afternoon had already taken in a Knights game, watched the Hickory Crawdads play and fought U.S. 321 traffic as he headed into Boone.

"I'm batting 1,000 so far," he said.

By the end of his nearly six-week journey, Sambur -- who has been cycling since 1980 and has biked with seven-time Tour de France winner Lance Armstrong -- will have traveled about 1,800 miles through five states and cheered for the home team at a couple of dozen games.

Sambur is an old hand at traveling long distances on his bike. He cycled from Paris to Barcelona, Spain, for the 1992 Olympics and from Washington, D.C., to Atlanta for the games four years later.

In 2002, he rode through the Midwest to watch nine minor league games, and two years ago, he biked about 4,000 miles through the Nez Perce National Historical Park, spread among four states in the Northwest.

"That was the best thing I've ever done," he said of the trip, which tracked the route of the Nez Perce Indians in 1877, when they were forced off their homelands. "You got to see history right there."

These summer trips, Sambur said, is why he never married and why he works long hours, weeks and months for about nine months out of the year. He saves the other three for traveling.

"That's the big joke in the fire department," he said. "What's Jeff going to do this summer?"

Randy Callahan, one of Sambur's colleagues, has taken trips with the Bronx native and said no one knows how to enjoy cycling like Sambur.

"That guy can ride a bike like nobody I've ever met," he said. "He lives for the summer on his bike. ... He knows how to do it."

Sambur may be retiring next year, but he said that's when he'll start making a dent in his 30-page list of rides he wants to take.

"The first thing I'm going to do is go cross country diagonally, from San Diego to Maine," he said. "There's so much to see."


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7/6/07

That's no turtle! It's another alligator

Youths' discovery is 2nd in region in a week; it's likely to be euthanized

Friday, July 6, 2007

By Marcie Young
Charlotte Observer Staff Writer

N.C. wildlife officials on Thursday picked up a 31-inch alligator that was found in a Maiden pond and planned to euthanize it.

The alligator, trapped by Catawba County authorities Wednesday, was nearly 250 miles away from its nearest natural habitat.

Three boys were fishing at the pond, on Fairview Drive in Maiden, about 40 miles northwest of Charlotte, when they saw something swimming near the water's surface, said Eric Kanipe of the Maiden Rescue Squad.

"They thought it was a turtle," he said, "and one of them threw a stick at it. That's when the alligator popped its head out of the water."

Kanipe and Marty Lee, another member of the rescue squad, lured the alligator out of the pond with a piece of bologna tied to a string. The animal, Kanipe said, was calm and appeared used to being handled by humans.

"It was probably somebody's pet," he said, "and it outgrew whatever space they had, so they let it go."

Keeping an alligator as a pet is against N.C. law.

It's the second alligator found in the Charlotte area in a week. On June 27, Charlotte-Mecklenburg Animal Control captured a 20-inch, 5-pound baby alligator in east Charlotte.

But pet alligators aren't the only dangerous and illegal animals that have been found recently in the area. On June 28, a Mount Holly man fishing in the Catawba River caught a piranha, which are indigenous to South America.

Kanipe, who has worked with snakes and other reptiles since childhood, said the Maiden alligator was likely between 11/2 and 2 years old. The animal's skin was smooth and free of pond buildup, and the alligator had probably been in the water for less than six weeks, he said.

Officials said the animal would likely be euthanized because it had been domesticated and might approach humans if it were freed, Kanipe said.

In North Carolina, alligators are native only to coastal areas from Wilmington south, said Alan Feduccia, a professor of biology at UNC Chapel Hill.

The distance from the shore and the colder winters in the Piedmont and western part of the state make their chances of survival unlikely, he said. "These are very isolated incidents and aren't anything to worry about," he said.

Still, if the area continues to see more mild winters without snow and ice, Feduccia said, an alligator likely could live through the winter.

"Alligators have a more remarkable ability to withstand cold than a lot of people think," he said. "If we head into the future with mild winters like the ones we've had, there's no reason why an alligator couldn't have easily survived."

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7/5/07

Burke fire chars 5,400 acres

Thursday, July 05, 2007

By Marcie Young
Charlotte Observer Staff Writer

LINVLLE -- While national media attention has been focused on large wildfires in Utah and California, a fire in Burke County has been burning for a month and has slowly consumed 5,400 acres.
The blaze, now 95 percent contained, was helped along by low humidity and dry conditions, forest service officials said.

The fire, covering 8.4 square miles, has burned considerably less land and has not caused damage to personal property like the Western blazes, which have consumed homes, lives and, in some cases, six times more acreage. But the Burke County fire has been difficult to extinguish, Forest Service officials said, because of the steep and rugged terrain and because fire smoldered beneath layers of dry leaves and timber.

"You can't get good footing, you don't have a good escape route, you have thick brush that you can't walk through," said John Strom, a U.S. Forest Service ranger from Arkansas.

Strom spent 18 days in the Pisgah National Forest, where the blaze began June 8, and said the mulch covering the ground allowed smoke and heat to fester inches below the surface.

"This is pretty dang thick stuff, just a mass of organic matter," Strom said.

The fire consumed 1,900 acres in mid-June, and firefighters thought they had nearly contained it. But 10 days later, it sparked up again and, in a week, more than doubled to 4,517 acres, officials said.

More than 200 crew members from across the country descended on the mountain to dig dirt canals to stop flames from jumping onto unburned land, chopped at charred tree trunks to make sure fire wasn't smoldering inside and dropped water from helicopters onto the forest.

Rains that fell in the area generally missed the fire and only dampened the dry ground, offering firefighters little help.

Eric Magraner, 20, traveled from Colburn, Va., with a 15-member crew to "mop up" the area and make sure lingering smoke in extinguished and quenching the parched land with water.
The more than 15-hour days are draining, he said, but making sure the flames don't spread and destroy homes, is rewarding.

"People come up to you and say, `God bless you. Thanks for what you're doing,' " he said. "That feels good."

About 2,000 acres of the land burned was set by crews to contain the fire and control the path of the blaze.

By Tuesday afternoon, crews had the fire 95 percent contained, said Dennis Wahlers, a forest service spokesman. He said firefighters hope to fully contain the blaze by the weekend.

Even when the fire is contained and the flames have disappeared, watching for hot spots and lingering smoke is key to making sure another fire doesn't spark, Strom said.

"If you get complacent, even for a little bit, it's just like a gator coming up behind you out of the water," he said. "It's going to bite you in the butt."


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