Breathitt Online News
Archives Page #14 (3-31-04)
COUNTY ATTORNEY CORNER
BRENDON D. MILLER, Breathitt County Attorney  2003 REPORT

Monday, January 5, 2004, marked my one year anniversary as County Attorney. I sincerely thank you, the Citizens of Breathitt County, for giving me the chance to serve in this position. This past year has undoubtedly been hardest of my life. To be frankly honest with you, my first year of college while playing both football and baseball and my first year of law school were definitely easier than this past year has been. I was easier doing three-a-day football practices in 100 degree temperatures. Though this year has been tough, it has been very rewarding as well. I realize that my position can be used to affect the direction that our County will take in the future and our ability to compete with others for advancement. My office has forwarded many new ideas and theories on how to do this job and shape this community, hopefully the accomplishments of our office listed below will point Breathitt County in a new direction for the future.
I thank each of you who have complemented me on writing these articles. I believe that each public official should attempt to keep the citizens informed of what is going on in their office and also educate the public on things that they should know. I have found that very few people know the laws that they are expected to obey, and will try to continue to educate the public on things they need to know. The things that have taken place in each part of the job are listed below.

PROSECUTOR
As many know, the first stop for all problems is the County Attorney’s office, and we have undertaken a major change in how arrest warrants are issued. Basically, all complaints are reviewed by either myself or Assistant County Attorney Stanley Turner, to see if there is a valid complaint that can be proven in court. The complaint is checked to see if there is sufficient evidence for a charge and if so if it is serious enough to have someone arrested. Our office takes very seriously having a person arrested based upon the statements of a private citizen without police involvement. We attempt to only have valid cases come to court.
The office has recently instituted a new process to do citizen complaints. Complaints will be taken during normal office hours, but only reviewed and then prepared for the person to sign and present for authorization from a judge on Mondays and Thursdays. This facilitates Judge Profitt being present to issue the warrants/summons, and frees up some time for myself and other members of the office to work on other parts of the job. The complaint process can become overwhelming and restrict other activities.

DUI’S
Before taking office, I promised to prosecute DUI’s, including persons driving on drugs, and have done so. It is amazing that there are not very many DUI alcohol cases at all. A large portion of cases now are DUI drugs. DUI drug cases require much extra work and that many extra steps be taken in the proof of such cases, including having lab technicians be present to prosecute the cases.
During 2003 we have had 120 DUI cases that have been fully disposed of in District Court. The breakdown of disposition is as follows:
Guilty pleas as charged – 81; Guilty pleas to amended higher or lower level of DUI as was charged with wrong level based upon driving history – 9; Guilty verdicts at trial – 3; Not guilty verdicts at trial – 2; Cases dismissed at Preliminary Hearing (in conjunction with felony charge) due to officer choosing to present case to Grand Jury – 6; Cases dismissed by Court (over objection of Commonwealth) on trial date or date of scheduled hearing as Commonwealth could not proceed due to Kentucky State Trooper who had made arrests no longer with KSP and would not answer subpoena – 5; Case dismissed by Court (over objection of Commonwealth) due to officer not responding to subpoena on hearing date – 2; Case dismissed based upon order of Court that probable cause did not exist for stop – 1; Case dismissed as blood test came back clean – 1; Case dismissed due to breathalyzer being below legal level and below presumption of intoxication, plead guilty on other charges – 1; Case dismissed as drug test was lost prior to reaching lab - 1; Case amended to reckless driving due to breathalyzer being below legal level or drug test clean – 3; Case amended to AI as part of plea deal with multiple DUI’s and inability to prove operation – 1; Case amended to AI due to drug test being lost prior to reaching lab – 2; Case amended to AI due to inability to prove operation of vehicle based upon affidavits of witnesses and victim – 1; Case amended to AI based upon order of Court suppressing test – 1.
This is a total of 119 cases, with 90 guilty pleas and 3 guilty verdicts, for a conviction rate of 78%. When you subtract the 7 cases dismissed by the Court due to matters concerning the failure of the arresting officer to be present, one case dismissed for lack of probable cause, 6 cases that were sent on to the grand jury as they were associated with felonies, 2 cases that were dismissed due to a clean test or low alcohol test, and one case dismissed due to lost test, there have been 93 of 103 cases with a conviction, for a rate of 90%, with 8 cases pleading to lesser offenses, and 2 acquittals at trial.
As the above numbers make clear, our office is attempting to prosecute DUI’s very closely, hopefully, people will realize that they can party and have fun and drink if they wish, but they will not be allowed to place the lives of other persons in danger by driving impaired. 

Work Program
As a solution to jail budget issues and a better way to punish criminals for lower level offenses, I have been able to set up the community labor program, or “community service”. In lieu of jail, the defendant is sentenced to work for the County on projects. A rough estimate of participation as of December 31, 2003, revealed that a total of 41 persons had completed their community service working 328 days. This labor has been able to clean up graveyards, cut brush, clean the courthouse, and many other tasks benefiting public entities.  

Other Matters
The office has instituted a policy regarding truancy of children and school, trying to insure children receive an education. Also, the cold check program has been able to collect checks for the businesses of the County and hopefully, facilitate better trade in the County. 

CHILD SUPPORT
Our office is making major strides in Child Support. Last January I was honored to be chosen by the Kentucky County Attorney’s Association to represent the Kentucky River region (the eight counties of the KRADD district) on child support issues, and have attended many meetings that will hopefully shape the future of child support enforcement in Kentucky. Child Support is a highly emotional issue due to the fact that both children and money are involved. As part of our contractual duties with the Cabinet for Families and Children we have four duties: 1) establish paternity of children born out of wedlock; 2) establish support in each case where the parents of children are not living together; 3) collect current monthly support; and 4) collect child support arrearages. Our office is ranked against other counties in the state as to our position. This year we moved up from 96 in the state to 35 in establishing paternity, moved up from 92 to 66 in establishing support, moved down from 81 to 92 in current support collections, and moved up from 75 to 45 in arrearage collections. As you can see, our office has made substantial gains in all matters with the exception of current support collections. Our percentage of cases paying in that category is actually higher, however, due to the large number of cases that have been established this year we are working on getting many of those persons started paying. Our percentage of collection of current support will never be really great due to the difficulty of collecting support from persons drawing state assistance and the economy of Eastern Kentucky.

Child support is so vitally important in that to each citizen even if they are not involved in a child support case. It is my contention that the governmental deficits were are facing would be much less if more child support is paid. The State is paying to raise many, many children, and non-payment or recoupment of that money leads to deficits. My child support staff, Mary, Lisa, Janice, Penny and Joy do a great job. 

TAX COLLECTION
As I promised during my campaign, I have made a concerted effort to collect delinquent property taxes. The results have been truly greater than I could have imagined. My original goal for the year was $100,000.00, and the final numbers came close to doubling at $197,712.37. I pushed for $200,000.00 during December, but fell short. Of that amount the following amounts were distributed to the taking districts and offices:

Breathitt Board of Education  $61,721.05
Kentucky State Treasurer  $30,982.59
Breathitt County General Fund $23,376.86
Breathitt County Clerk  $17,174.29
Breathitt County Library  $11,821.27
Breathitt Extension District  $ 7,002.97
Breathitt Health Department  $ 6,963.34
Breathitt County Sheriff  $ 3,178.58
Breathitt Conservation District $ 2,750.56

The balance of the money was used by County Attorney Office to buy new computers, a copier, filing cabinets, and furniture, along with operating expenses. Though I hope this number can be repeated in the coming year, I again will set our goal at $100,000.00 for collection. This money will prove very valuable during the current and coming tough budget times. Hopefully, all persons will now take the opportunity to pay their taxes on time, without the penalties that come with delinquency.

COUNTY ADVISOR
This by far is the most difficult and time consuming part of the job. There have been so may issues that have come to the forefront during the past year including many aspects of the Judicial Center, the ambulance service and the ongoing lawsuit, the nursing home situation, and all other matters that touch the County, all of which have demanded countless hours. Most importantly, I am interested in making sure that all matters undertaken by the Fiscal Court are done in publicly held meetings so that all citizens can know how their government runs and what their tax dollars are being spent on. 

WATER DISTRICT
I feel that my involvement with the Breathitt County Water District, has been the most important and potentially beneficial part of the job. For years, the District has not been established properly and many hours were logged getting the Water District officially organized and established according to law, so that it could function independently of the Fiscal Court and actually be eligible to receive the funds needed to do the projects. All of this work will become evident as digging for the pipe will be starting while this report is being printed. Breathitt County is in the bottom two counties in which residents have water in this Commonwealth, which is shameful. This project will benefit so many along Hwy. 30, and then along Ky. 397, Curt Road, and Old Buck as Phase II progresses this year. The District will, I believe, do more to benefit the citizens of Breathitt County over the coming years than any other project undertaken. 

Needless to say, all this along with still keeping up a private law practice, doing public appearances and speaking engagements, serving on various boards and committees, and trying to have a life outside this job has been very, very difficult. However, I knew all of this prior to running for the job, and it has been truly rewarding. I truly enjoy this job and trying to make change happen for the future of this county, and I am looking forward to the coming years when some of the results will be apparent. I would like to extend a special thanks to Assistant County Attorney Stanley T. Turner for his hard work on all matters and to County Attorney Secretary Imogene Minix for her tireless work. 

Please e-mail me at bdmiller@setel.com with any comments, and visit the County Attorney website at breathittcoattorney.com for more information on the office. Remember, Breathitt County can only be better with Change and that Change will take much hard work and everyone working together.

RECORD DAY FOR FOREST FIRES
FRANKFORT, Ky. (March 2, 2004) Sunday, Feb. 29 will go in the record books as one of the busiest days for fighting forest fires in Kentucky. The Kentucky Division of Forestry and many local fire department firefighters battled more than 150 fires. Saturday was also very busy with 84 fires. All of these fires were caused by humans. Some were careless debris burning, some were arson and some were equipment related.      
While others were out enjoying the beautiful weather more than 100 division firefighters and countless local fire department firefighters were battling these fires and protecting Kentucky’s forests, homes and communities.
The beautiful weather was certainly a contributing factor in the number of fires that occurred. When temperatures rise and the humidity is low it creates the perfect conditions for forest fires. It also prompts people to spend time in the woods, which usually means more fires will occur. It also prompts people to cleanup their property which many times includes outdoor burning. 
The division is asking for your cooperation in preventing these fires. Due to state budget cuts, the division is operating with fewer resources than ever before. “We need your help in preventing these fires. We have fewer firefighters this year, and we haven’t been able to replace, repair or order some of the equipment needed for firefighting,” said Leah MacSwords, director of the Division of Forestry. MacSwords also recommends choosing an alternate disposal method other than burning, putting spark arresters on equipment and reporting any information about arson related fires to the division or a local law enforcement agency.
During fire season, which ends April 30, it is illegal to burn any flammable material in or within 150 feet of any woodlands or brushlands except between 6 p.m. and 6 a.m.  If it is windy, you shouldn’t do any outdoor burning.  There are other outdoor burning regulations that should also be considered. Contact the Kentucky Division for Air Quality and the Division of Waste Management for more information about these regulations.
The division’s “Firewise” program assists communities and homeowners in identifying areas of high fire risk and information about things you can do around your home and community to reduce those risks. A free Firewise workshop will be held June 1-2 at Rough River Dam State Resort Park. For more information about this program visit the division’s Firewise Web page at www.firewise.ky.gov.

Three Deputy Coroner's Complete Coroner's Basic Training 2-7-04
Three Deputy Coroner's from the Breathitt Co. Coroner's Office successfully completed Coroner's Basic Training the week of January 19-23, 2004 at the Kentucky Medical Examiners Office in Frankfort Kentucky. Deputy Coroner's Michael E. Prater, Calvin L. Saum II, and Tammy Joyce Saum all of Jackson, Kentucky completed training in the areas of Coroner Statutes, Legal Issues, Forensic Pathology, Death Scene Investigation, Forensic Toxicology, Inquests, Firearms Analysis, Forensic Anthropology, Forensic Odontology, Causes and Manner of Death, Mass Fatalities, Media Relations and Child Death Investigations. "I am very pleased with the caring and professional staff we have at the Breathitt Co. Coroner's Office. My deputies are willing to help families in their time of need and do a very professional job. I am very proud of each of them". Each deputy and the Coroner must attend an initial 40 hours of Coroners Basic Training and 18 hours of continuing education each year. "Each of our staff has the opportunity to attend as many continuing education courses as they wish to investigate any death scene they may encounter" Says Coroner Thorpe.

Yet Another Wreck 2-4-04
Breathitt County,  During the day on Feb. 2nd 2004, a two car accident occured at the junction of Hwy 15 and 30. Mary Roberts driving an 89 Pontiac Grand Am pulled out into traffic and was hit by William Sizemore driving a 2000 Jeep. Mrs. Roberts told police she did not see anything coming when she pulled into the path of Mr. Sizemore.

Breathitt Woman Dies in Traffic Accident 2-2-04
Breathitt County Ky At approximately 9:47am Breathitt County Coroner pronounced 56 year old Ginger Spencer dead. According to Breathitt County Coroner, Bobby Thorpe Jr., Mrs. Spencer died from apparent multiple injuries from a vehicle accident. A log truck allgedely owned by Calvary Wood was traveling West on Highway 30 near Big Rock School, heading towards Booneville, when the driver lost control and began to slide into the curve. Nearly half way through the curve, Mrs. Spencer, traveling east, towards Jackson,  hit the side of the log truck, who was on the wrong side of the road at the time. Sources on the scene noted that the log truck had no front bumber, and was not loaded. It was estimated by sources that the log truck slid over 100 feet before impact. .  The accident is under investigation at this time.

FROM KSP REPORT:  Summary: A 1970 MACK TRUCK BEING OPERATED BY 67 YEAR OLD PAUL JONES OF BEARBRANCH, KY WAS TRAVELING WEST ON KY 30 WEST WHEN HE LOST CONTROL OF THE TRUCK DUE TO ICE ON THE ROADWAY. THE TRUCK TURNED SIDEWAYS ACROSS THE CENTERLINE AND WAS STRUCK BY A 2002 CHEVROLET BLAZER BEING OPERATED BY 56 YEAR OLD MARILYN H. SPENCER OF JACKSON. MRS. SPENCER WAS PROUNCED DEAD AT THE SCENE BY THE BREATHITT COUNTY CORONER. PAUL JONES WAS NOT INJURED. AT THIS TIME THE INVESTIGATION IS CONTINUING.


Candle-light Roll Call of “Roll of Honor”
of Breathitt County’s 20th Century Fallen Heroes
6:00 p.m., Monday evening, November 10, 2003 Douthitt Park, Jackson, Kentucky
Opening Remarks: Ervine Allen, Vietnam Veteran; Chm.,Br.Co.WarMem.Comm.
Invocation: Sis. Mary Jane Dunn, Community Spiritual Leader & Prayer Warrior 
“Amazing Grace” (bagpipes) – Hon. Bruce Napier
Comments: Hon. Ted Edmonds, Jr., Ph.D., Kentucky State Representative 91st Legislative District
“Taps” – Jeremy Sheffel 
Roll Call – “Roll of Honor”:
Roll Call: Names of Breathitt County’s World War I Fallen Heroes   
Song: “I Sure Miss You” – Mrs. Brigitte Taulbee
Roll Call: Names of Breathitt County’s World War II Fallen Heroes 
Song: “The Anchor Holds” – Mrs. Laura Spicer 
Roll Call: Names of Breathitt County’s Korean War Fallen Heroes
Song: “God Bless the USA” – Mrs. Carol Haddix
Roll Call: Names of Breathitt County’s Vietnam War Fallen Heroes
Flute Tribute – Sis./Ms. Marcia Thompson  
Closing Remarks: Hon. Stephen D. Bowling
“God Bless America” led by Mrs. Nora Clemons Hayes
Benediction: Rev. James T. Haddix, Korean War Veteran

The Letter “V” 11-10-03
The letter “V” is the 22nd letter in the English alphabet.
International Morse Code for the letter “V” is three shorts
( . . . ) and a long ( _ ). Ironically, Beethoven’s “Fifth Symphony” begins with twice sounding the letter “V” in Morse Code; that is, three shorts and a long, immediately followed by another three shorts and a long.
In World War II, every Allied war news broadcast began with a sounding of the eight opening notes of Beethoven’s “Fifth,” that is, by the sounding of three shorts and a long, immediately followed by the sounding of another three shorts and a long – before even a word of war news was spoken. Allied leaders, when attending their conferences with one another throughout the war, greeted one other, by deliberately flashing their “V”-sign at each other by forming the letter “V” with their index and middle fingers. Of course that “V” sign each Allied leader would flash at another Allied leader stood for “VICTORY,” as did twice sounding three shorts and a long at the beginning of each Allied newscast. 
Beethoven wrote his “Fifth Symphony” in 1808; Samuel F. B. Morse compiled his International Morse Code in the 1830’s. How ironic that the opening notes of such a beautiful, wonderful German symphony would speak of doom to Hitler’s regime each time they listened in on an Allied World War II newscast, or saw in international news, a newsreel or still picture of Allied leaders greeting one another.
And so it was that the Allies in this manner engaged in psychological warfare with the Germans, telling them each time the Germans heard or saw a representation of the letter “V”: “The victory is ours. We are going to win. And we are using Beethoven’s ‘Fifth Symphony,’ written years before Morse Code was invented, to tell you so.”
For that reason, these World War II memorial crosses are arranged so as to form the letter “V”.
“V” = VICTORY.
This fact of history should ever serve as a warning to tyrants of all generations yet to come that GOOD will ultimately triumph over the forces of evil; that, in the end brave men and women will always rise up to defeat evil.

Buckle Up Kentucky * It's The Law & It's Enforced Campaign Begins November 17
(FRANKFORT, KY) -11-17-03  Last year, more than 900 people died on Kentucky's roadways and 51,000 were injured. More than half of those killed were not wearing seat belts. As a result, the Kentucky State Police will be giving extra attention to safety belt and child restraint use during the holiday season as part of the Buckle Up Kentucky * It's the Law & It's Enforced campaign, which begins Monday, Nov. 17 and continues through Sunday, Nov.30.  "Protecting yourself and your children is your responsibility and it's law enforcement's job," says Kentucky State Police Commissioner Patrick N. Simpson. "Our troopers will be out in force looking for people who aren't wearing their seat belts or don't have their kids properly restrained," he adds. "So if you won't buckle up to save your life, buckle up to avoid a ticket." According to Simpson, KSP troopers will join law enforcement officers throughout the state to intensify enforcement of child passenger safety laws, seat belt laws and impaired driving laws during the campaign. They'll set up traffic safety checkpoints and conduct saturation patrols in high crash and high traffic locations. 
Safety belt and child passenger seat checkpoints will also be set up at various locations throughout the state. (Kentucky law requires that children under 40 inches tall be properly secured in a child restraint system.)
"Drivers failing to properly restrain themselves and their child passengers will be cited according to the law and those driving while impaired will be arrested * no warning, no exceptions," says Simpson. "Officers will also be targeting speeders and aggressive and distracted drivers, as these types of behavior are most often contributing factors in crashes." The Buckle Up Kentucky * It's the Law & It's Enforced campaign is conducted twice a year by the Air Bag & Seat Belt Safety Campaign of the National Safety Council in conjunction with law enforcement agencies, the National Highway Traffic Safety Administration (NHTSA) and the National Transportation Safety Board. "For many non-seat belt users, especially young people ages 18 to 34, the threat of a citation has proven to be greater incentive to buckle up than the risk of injury or death," says Chuck Hurley,
executive director of the Air Bag & Seat Belt Safety Campaign. "Teens and young adults are killed at far higher rates in crashes because they are caught in a lethal intersection of inexperience, risk-taking and low seat belt use. These tragedies are predictable and therefore preventable, using proven techniques like high visibility enforcement campaigns." According to NHTSA, teen fatality rates are twice that of older drivers and the risk of crashes for teens is four times that of older drivers. Two out of five deaths among teens are the result of a traffic crash. In Kentucky, 61 percent of the individuals age 16 to 19 killed in collisions in 2002 were not wearing seat belts.
"We want to reach those least likely to buckle up and most at risk to die," says Hurley. According to KSP Capt. Brad Bates, Commander of the Governor's Highway Safety Program, a media campaign will target the teen/young adult audience in Kentucky through television, radio ads and billboards emphasizing the coordinated statewide enforcement effort.

Four Die on Kentucky Roadways During New Year's Holiday 1-5-04
(FRANKFORT, Ky.) - Preliminary statistics* indicate that four people died in four separate crashes on Kentucky's roadways this New Year's holiday.  This is a decrease of one fatality from the two-day 2002-2003 holiday period during which five people died in four crashes. Of the four fatal New Year's holiday crashes, preliminary data indicates alcohol was a suspected factor in one of the accidents and one of the victims was not wearing a seat belt.   The single fatality crashes occurred in Boone, Henderson, Jefferson and Pulaski counties. The official New Year's holiday period ran from 6 p.m. Wednesday, December 31, 2003 through 11:59 p.m. Sunday, January 4, 2004.  All statistics are from that time period.  Preliminary information indicates that 917 people were killed on Kentucky roadways in 2003, the same number that lost their lives in 2002.  This number could rise over the next 30 days as law enforcement agencies continue to report crashes.
*These statistics are still preliminary as KSP waits for all local law enforcement agencies to report any crashes and fatalities that may have occurred in their areas.

Kentucky's unemployment rate falls in October to second lowest rate of the year
FRANKFORT, Ky. (Dec. 3, 2003) - Kentucky's seasonally adjusted unemployment rate tumbled to 5.5 percent in October, the second lowest jobless rate of the year, according to the Department for Employment Services, a Cabinet for Workforce Development agency.  Kentucky's September jobless rate was 5.9 percent. The state's seasonally adjusted jobless rate for October 2002 was 5.4 percent. The U.S. seasonally adjusted jobless rate also declined in October to 6 percent from 6.1 percent in September, according to the U.S. Department of Labor. "Kentucky's 5.5 percent unemployment rate in October is the lowest rate Kentucky has experienced since a 5.3 percent jobless rate recorded in January 2003. October marked the 19th consecutive month that our unemployment rate has been lower than the U.S. unemployment rate," said Carlos Cracraft, the department's chief labor market analyst. "On another positive note, average weekly claims for unemployment insurance decreased from 32,872 in September 2003 to 27,490 in October 2003,"  Cracraft said. Woodford and Oldham counties' 2.8 percent jobless rate each were the lowest in the commonwealth. Other low rates were recorded in Metcalfe County, 3 percent; Anderson County, 3.1 percent; Franklin County, 3.2 percent;
Fayette, Jessamine and Todd counties, 3.3 percent each; Larue and Rockcastle counties, 3.4 percent each. Magoffin County recorded the state's highest unemployment rate - 13 percent. It was followed by Fulton County, 11.2 percent; Harlan County, 10.5 percent; Carlisle County, 10.1 percent; Adair County, 10 percent; Letcher  County, 9.9 percent; Ballard and Nicholas counties, 9.3 percent each; Carter County, 9.2 percent;  and
Breathitt, Elliott and Russell counties, 9.1 percent each.    The states jobless situation continues to improve, yet Breathitt still is one of the worst in the state! Ranked #10 in highest unemployment in the state.

Dixie Chicks Natalie Maines again attacks President
12-3-03
During the VH1 telecast of Big in '03 Dixie Chick Natalie Maines accepted her award for The Big Quote for '03. This is her infamous quote attacking President Bush. This time she made statements about going to London if you wanted to speak your mind, and make derogatory comments about the President and other officials. During her entire speech, more than half the audience booed her. 

Cabinet for Health and Family Services Still Looking for a New Year's Resolution?
Frankfort, Ky. 1-15-04 - January 1 has passed us by but it's not too late to make an important resolution for 2004: stop smoking. The Kentucky Department for Public Health wants to encourage Kentuckians to consider stopping or reducing their smoking.  According to the latest federal government report, Kentucky's tobacco use rates are the highest in the nation. The incidence of lung cancer takes the lives of nearly 8,000 Kentuckians annually.
There are many great reasons to quit. They include:
* If you stop smoking you will send a strong message to our young people that it is important to stop smoking.
* If you stop smoking, in the first year you will reduce your risk for heart disease by 50 percent and you will improve your ability to participate in physical activities.
* In the long term, quitting smoking reduces your risk of heart disease, stroke, cancer, and lung diseases like emphysema or bronchitis, and reduces wrinkling and aging of the skin and eyes.
* In the short term, when you stop smoking you improve your overall health-reducing respiratory problems, dental problems, nervousness and depression, and a tendency toward other health-damaging behavior.
* When you quit smoking, you set a good example for your children to follow and your home, car, clothing, and breath will smell better; food will taste better.  * At $3 per pack, quitting smoking could mean a savings of
$1,000 or more each year.
If you think kicking the smoking habit sounds like a New Year's resolution worth pursuing-Kentucky's Tobacco Prevention and Cessation Program wants to help.  First, be determined to make a full commitment to cessation. 
Commit to quit because you want to, not because someone else wants you to quit.  If you want to break the nicotine addiction, here are some things to consider.
Assess your tobacco use.
  * Why do you smoke?  Think about the reasons you use tobacco, is there something healthier you can do to get that type pleasure?
  * When do you smoke?  What can you do at that time or in those situations to break the habit of reaching for a cigarette?
  * Who can help you?  Find family and friends who will be supportive and compassionate in your endeavor.  Orchestrate a plan so that someone will have contact with you often in the early days of cessation.  You will need positive encouragement and lots of it. 
Find activities that will assist you in quitting.
  * Drink lots of water; water helps remove nicotine from your body.
  * Begin an exercise program.  Becoming more active will help keep your mind off wanting a cigarette and the exercise is good for your entire body.
  * Make a list of the reasons you want to be a non-smoker, read it often to remind yourself why you are doing this.
  * Plan a celebration for your first week without smoking, then your first month.  These are major milestones - reward yourself.
  * Get your teeth cleaned; your mouth will feel and taste better.
It is important to remember that if you do smoke a cigarette, you have not failed. Look at what transpired for you to reach for a cigarette.  What can you do in the future to change the outcome of a similar situation?
For more information and ideas for quitting smoking, contact the Tobacco Control Coordinator in your local health department.  They have resources and contacts to help you reach your goal.  Programs like Cooper-Clayton combine nicotine replacement therapy with behavioral modification over a 13-week period to help smokers quit.  Your physician can provide prescription medications to help you reach your goal.  Nicotine Replacement Therapy includes patches and gum - either can be used to help you reach your goal.
Log on to www.lungusa.org/ffs/index.html for a web based smoking cessation program provided by the American Lung Association. Logging on will give you something to do with your hands and the site is available 24 hours a day -whenever your cravings hit.  Several toll-free quit lines are also available to provide brief intervention when the conviction to quit may waiver.  For free assistance and information call:
* Cancer Information Service (877) 448-7848
* Great Start    (866) 667-8278
* American Cancer Society  (800) 227-2345

Current Kentucky statistics indicate that 32 percent of the state's adults smoke.  Thirty-four percent of Kentucky's high school students use cigarettes, and 15 percent of the state's middle school students smoke. 
It is estimated that roughly 23 percent of Kentucky women smoke during their pregnancy.  To help combat the toll that tobacco takes on the health of Kentuckians, the states Tobacco Prevention and Cessation Program has
adopted the four Centers for Disease Control (CDC) goals of:
* Preventing the initiation of tobacco use among young people
* Promote cessation among tobacco users
* Eliminating non-smokers exposure to environmental tobacco smoke
* Identifying and eliminating the disparities related to tobacco and its effects on different population group
For more information about the Kentucky Tobacco Prevention and Cessation Program, log onto http://chs.ky.gov/publichealth/tobacco.htm or contact Irene Centers at 502-564-7996, extension 3808

No Child Left Behind Adequate Yearly Progress Released. Some Breathitt Schools Lagging Behind
Jackson, Ky. 11-19-03 (From State Website) The No Child Left Behind Act of 2001 (NCLB) was signed into law in January 2002. Initial discussion of the act suggested that its provisions were in many respects comparable to those upon which Kentucky's system of assessment and accountability was based. Kentucky already had goals for proficient student performance, baselines, and a support system for schools in assistance. It was thought that states could use existing systems to meet the requirements of NCLB. As regulations have developed however and provisions of revised statute better understood, less flexibility is available than earlier thought. States now find that statutory provisions are strictly interpreted and they must make modifications to their assessments and use the assessment data to make federal accountability decisions along with their state decisions.
On June 10, 2003, Kentucky was granted conditional approval by the U.S. Department of Education (USDOE) for Kentucky's state plan for implementation of NCLB. Conditional approval required the Kentucky Department of Education (KDE) to submit several proposals to address NCLB requirements. Kentucky law authorizes the Kentucky Board of Education (KBE) to implement final assessment and accountability policy decisions after receiving advice from several statutorily created groups as well as other stakeholders. As a result, current proposals by KDE are subject to revision before becoming final through this advisory process and final approval by KBE.
In the last several years, Kentucky has adopted and implemented goals that are shared with those of NCLB, including: high expectations for all students; rigorous student performance standards tied to annual assessments in grades 3-8; multiple assessments tied to the core content measuring what students know and can do, such as applying higher order thinking skills in reading and mathematics as well as in other subject content areas; school accountability; student and school performance information to parents in the form of school report cards; and, a goal of proficiency in 12 years by the year 2014. Besides having already implemented CATS, other provisions of NCLB that states are required to implement which Kentucky has already done, include: rewards and consequences, required school improvement plans, scholastic audits, highly skilled educators assigned to schools in assistance; student data disaggregated by subpopulation; a unified data collection and reporting system. These are some of the many examples of how Kentucky's system of public education has been implementing for the last thirteen years many of the requirements of NCLB.
RESULTS:
Highland Turner                   9 out of 9 goals  (100.0%)
Breathitt High School            6 out of 9 (50.0%)
LBJ                                     9 out of 10 (90.0%)
Marie Roberts Caney           10 out of 10 (100.0%)
Rousseau                             4 out of 4 (100.0%)
SMS                                   4 out of 12 (33.3%)
Jackson City School (Grades 1-12) 10 out of 10  (100.00%)
Click here to view complete results:          
NCLB    CATS

Fall enrollment in KCTCS colleges sets record, tops 72,000
LEXINGTON, Ky. 11-17-03 - Colleges in the Kentucky Community and Technical College System (KCTCS) have set another enrollment record, surpassing 72,000 students according to final totals for the fall semester.
The final enrollment of 72,023 submitted to the Council on Postsecondary Education exceeded fall 2002 enrollment of 67,812 by more than 6 percent. Since 1998, KCTCS colleges have increased enrollment by 58 percent.  Official enrollment for fall 2003 also topped the enrollment estimate issued in September - 71,061.
Every KCTCS district except one enrolled more students in fall 2003 than in fall 2002. The largest increases were recorded by Henderson Community College, 20 percent; Southeast Community College, 18 percent; Central Kentucky Technical College, 15 percent; Somerset Community College, 13 percent; and Gateway Community and Technical College, 13 percent.  KCTCS President Michael B. McCall attributed recent enrollment increases to several factors:
* KCTCS colleges enrolled 11,793 secondary students in dual credit/dual enrollment opportunities, a 31 percent increase over fall 2002.
* The colleges are continuing to build on traditional enrollments of full-time students. Full-time enrollments at the colleges increased 5 percent, to 29,252, in fall 2003.  "Our colleges are sharing and implementing best practices in enrollment management, such as marketing and recruitment plans," McCall said. "Also, KCTCS and its colleges are expanding access to postsecondary education through new facilities, distance learning, and new methods of delivering instruction to students."
    * * *
KCTCS colleges change lives by providing academic and technical associate degrees; diploma and certificate programs in occupational fields; pre-baccalaureate education; adult, continuing and developmental education; customized training for business and industry; and distance learning.  For more information, visit www.kctcs.edu 

93 Deaths reported by Breathitt County Coroner, in 2003 1-5-03
Breathitt County,    Breathitt County Coroner Bobby Thorpe Jr. released his yearly statistics on deaths in Breathitt County for the year 2003. In 2003, 93 deaths were listed. A breakdown follows:
MANNER of DEATH:
Accident - 25,  Homicide - 2, Suicide - 5, Natural - 61, Unknown - 0.

SEATBELTS/Protective equipment:
Used - 4,  Not Used -6.

CAUSE of DEATH:
Heart Related - 43, Drug/Alcohol -38, Shooting -6, Work Related -2, Drowning - 1, Other - 3.

Time of call:
6am - 6pm - 37  6pm-6am - 56

Along with this report, drug and alcohol related deaths accounted for 43% of all deaths in Breathitt County. 21 of the 93 or 22.5% occurred in December alone.  Drug use in Breathitt County is out of control.
    In a related story, Breathitt Online News has a poll currently, on the drug situation. Click Here to Vote.
Our numbers show that the majority of people are sick of the drugs.
What Would You Do to Stop Drugs In Breathitt Total Votes: 60 as of 11:45am 1-5-04
Jail the Doctors who prescribe them. [0 votes]      More Law Enforcement [4 votes, 7%] 
Jail those who buy drugs [0 votes]                       Jail those who sell drugs [3 votes, 5%] 
Seize assets of dealers [5 votes, 8%]                    Seize assets of doctors for dealing. [0 votes] 
Better treatment for drug users [1 votes, 2%]       Stiffer penalties for dealers & users [11 votes, 18%] 
All of the above [35 votes, 58%]                       None of the above [1 votes, 2%]


11-12-03
election on November 4th, 2003. As you can tell, everything was definetly under control at the State Garage with these two guys in charge.  On the left is David Ditsch and Roy McClees is on the right.  These two guys are involved with many things in Breathitt County, including many civic and youth organizations.  David is Co-Chairman of the Jackson Parks & Recreation Board and involved in many activities for the youth of the county, and Roy is known by just about every softball/baseball player in the county as one of the best Umpire and pitcher around.  Thanks for posing for the picture guys.

State agency to help fire, police departments make safe infant abandonment an option
ELIZABETHTOWN, Ky. (Nov. 12, 2003)-Staff members of the Lincoln Trail Service Region of the Cabinet for Families and Children are working to make sure every community can provide parents of newborns the option of safe and legal child abandonment. Over the coming weeks, child protection workers will contact fire and
police stations throughout the region's eight counties to offer them the information and materials that emergency personnel will need to fulfill their responsibilities under Kentucky's Safe Infants Act. "It is important that we, as a community, work together to provide a safe alternative to parents and to ensure the well being of all children,"
said Libby Trager, Service Region Administrator.  "We can start by educating the community about the Safe Infants Act." The workers will distribute packets of materials to police and fire personnel who do not already have them. Each packet contains forms, brochures and an ankle bracelet that is to be placed on an abandoned
child. Cabinet workers can help fire and police departments plan training sessions on the law utilizing audiovisual materials prepared by the state's Emergency Medical Services (EMS) for Children Project. The Thomas J. Burch Safe Infants Act, enacted last year, made it legal for parents and others to leave a baby up to 72 hours after birth at any hospital, with EMS personnel or with any firefighter or police officer. Hospitals and the state's EMS centers have already received the materials and training they need to comply with the law, so the Cabinet is
concentrating its outreach efforts on police and fire stations.  Individuals who abandon a child under the law's terms will not be identified or prosecuted unless the abandoned infant shows signs of abuse or neglect. A parent relinquishing a child may anonymously provide information about the infant, including medical history, at any time. A form for that purpose will be offered to the parent at the time he or she relinquishes a baby. Police, fire or EMS personnel who take custody of a child abandoned under the law must transport the infant to a hospital for a medical evaluation. Once legally abandoned children are pronounced healthy, they are placed temporarily in foster homes. Parents who abandon infants under the law can reclaim their children if they act within 30 days. If they do not do so, the Cabinet for Families and Children can ask a court to terminate their parental rights, which will
free the children for adoption. The Safe Infants Act is intended to provide a safe alternative to parents who might otherwise expose their newborn children to harm. More than half the states have enacted similar laws.
At least seven infants have been abandoned under the Kentucky law. No infant in the state has died as a result of abandonment since the law took effect in April 2002
Breathitt Online News Click Here