JAIL OFFICIAL'S HEARING PUT OFF

New Judge Appointed To Case

NEWPORT, Tenn. - A contempt-of-court hearing for Cocke County Jail
Administrator Michael McCarter was postponed Monday to allow a judge from
another district time to prepare for the case.

Cocke County Circuit Court Judge Ben W. Hooper II, who issued the original
show-cause order against McCarter on Feb. 26, recused himself from hearing
the case on the same day, court records show.

Greene County Circuit Court Judge Kindall Lawson was appointed to hear the
case late last week, and court officials said Monday that more time was
needed to fit the case into his schedule.

McCarter was issued the order for allegedly disobeying a December ruling by
Hooper that effectively shut down the trusty program, which had allowed
inmates with good disciplinary records to work outside the jail. Despite
the order, a jail trusty escaped Feb. 22 when he was allowed to leave the
jail in order to wash cars at the Newport Police Department, which is
located less than a block away from the jail, reports show.

The inmate, 24-year-old Joel Brandon Ellison, was involved in a traffic
accident several hours later on U.S. Highway 25/70 east of Newport. Ellison
was serving an eight-year sentence for theft of more than $10,000.

According to a report filed by Trooper Michael Holt of the Tennessee
Highway Patrol, Ellison was a passenger in a 1986 Chevrolet Blazer driven
by Misty Sams, 24, of Parrottsville.

About 10:30 p.m., the vehicle ran off the road and flipped twice, ejecting
both occupants. Although no traffic charges have been filed, Holt indicated
in his report that Sams was apparently speeding and driving recklessly at
the time of the crash.

A blood-alcohol test was performed on Sams, but the results haven't been
made public.

Ellison received medical treatment for his injuries and is back in jail,
but Sams is still recovering at Johnson City Medical Center. While her
family has declined to comment on the incident, they indicated they have
hired an attorney.

McCarter, who is a county commissioner as well as spokesman for the Cocke
County Sheriff's Department and chief jailer, said Sams could face criminal
charges, depending on her medical condition.

Hooper ordered the trusty program shut down last year due to numerous
long-standing security problems, especially reports that inmates had ready
access to alcohol and illegal drugs.

In his ruling, Hooper cited a survey showing that 70 percent of trusties
had tested positive for marijuana and opiates.

"In effect, illegal drugs and narcotics have found a safe haven in our
jail," Hooper wrote.

About a month after the opinion was delivered, sheriff's department
officials allowed four inmates to be temporarily released under escort so
they could take part in a local prizefighting match.

McCarter later apologized and explained that a new policy would be enacted
to allow prisoner releases only with a judge's approval.

McCarter declined to comment during Monday's court appearance other than to
say that he has retained former Cocke County Law Director Phil Owens and
Knoxville defense attorney Herbert S. Moncier to represent him.

Hooper didn't cite specific reasons for withdrawing, but judges routinely
recuse themselves from hearing cases in which they have any sort of
conflict of interest or if they work with the parties on a routine basis.