Where to celebrate like you’re Irish. So, should Gottfried stay? D1 WE BREAK MORE NEWS AT THURSDAY / MARCH 13 / 2008 Prosecution ‘will never give up’ A mistrial is declared in the trial of former Marshall County chief tax clerk Mary Edwards Walden, accused of defrauding the county’s tax collection office. B1 State Legislation to require clubs and retailers to affix an ID number on kegs of beer they sell so the kegs are registered to buyers is unanimously approved by a House committee. B1 Evidence not strong enough, Moore juror says after deadlock By DAVID HOLDEN Times Staff Writer david.holden@htimes.com DECATUR – The evidence offered by prosecutors was not strong enough to persuade a Morgan County jury to convict capital murder suspect Daniel Wade Moore a second time in the death of Decatur homemaker Karen Tipton, a juror said Wednesday. Valeska said the prosecution will After nearly six days of debring the case to trial again on liberation, the jury remained all four counts of capital murdeadlocked at 8 to 4 in favor of der. acquittal, said juror Scott Burns. “We will never give up, beCircuit Judge Steve Haddock cause the evidence shows that declared a mistrial before noon Daniel Wade Moore killed Wednesday, ironically, on the Karen Tipton,” he said. ninth anniversary of her murMoore, dressed in a blue der. blazer, white shirt and tie, and “A conviction would have re- Daniel Wade brown khaki slacks, looked required a better case by the pros- Moore will ecution,” said Burns, who was remain in jail. lieved. His mother, Virginia Byrd, collapsed to the floor. Her among the eight jurors who son has been in jail for nearly 10 years. voted for acquittal. Assistant Attorney General Don As a capital murder suspect, he must still Huntsville hopes to expand system’s capacity by 2015 Nation Two suspects, one of them a 17-year-old, are charged with first-degree murder in the killing of the University of North Carolina’s student body president. A2 By JOHN PECK Times Staff Writer john.peck@htimes.com ÄÄÄ Dow Nasdaq S&P 500 - 46.57 - 11.89 - 11.88 Southwest Airlines grounds about 8 percent of its fleet after missing required inspections of some planes for structural cracks. B4 Sports Huntsville High graduate Shawn Faust returns home as a member of basketball’s least successful team, the Washington Generals – nightly opponent of the Harlem Globetrotters. D2 Huntsville Speedway begins its 50th season Saturday with a birthday party and discounted tickets. D5 Full weather, D14 High today 74 52 Low tonight What’s inside Abby/C2 Bridge/C2 Business/B4 Classifieds/D8 Comics/C3 Crossword puzzles/C2, D10 Cryptoquote/C2 Deaths/B3 Editorials/A8 Horoscope/C2 Life/C1 Lotteries/A2 Movies/GO People/C2 Sports/D1 Sudoku/D12 Television/D14 Huntsville, Alabama Vol. 98, No. 357, 34 pages Contents © 2008, The Huntsville Times Guy Darrough, top, the owner and founder of Lost World Studios in Old Mines, Mo., reaches into the neck of a Kritosaur to check a bolt while assembling his life-sized creatures for the “Dinosaur Uproar” exhibit at the Huntsville Botanical Garden Wednesday afternoon. At top right, Botanical Garden equipment manager Thayer Phillips drills signpost holes next to an model of a Edmontosaur. At bottom right, Lost World Studios employee Jason Eyer carries the head of a dinosaur during assembly. For more on “Dinosaur Uproar” – which opens to the public Saturday – see page C1. State schools chief tests overhaul plan Superintendents hear proposals, express concerns By CHALLEN STEPHENS Times Staff Writer challen.stephens@htimes.com PRATTVILLE – Facing a string of questions from the men and women who run Alabama’s public schools, State Superintendent Joe Morton pleaded for understanding for his plan to State Super- overhaul Alabama’s high intendent school graduJoe Morton ation requirements. Morton, who had sum- moned all 132 superintendents to Prattville to talk about his proposal, assured the packed room that Alabama had the resources to begin making changes this spring. Alabama could create better and more graduates by steering all freshmen into foreign languages and tougher math courses next fall, said Morton, while giving diplomas this spring to seniors who pass just three out of five sections on the state’s graduation exam. Those are just two parts of the plan that the state school board could vote on in May. But on Wednesday, as the microphone passed around the crowded hall, some superintendents spoke of “unfunded mandates” and the need for more time to plan. Others praised the plan as Please see PLAN on A6 231 53 431 Huntsville S South Huntsville Water Treatment Plant 72 72 565 431 231 Opened 1988 Te esse nn Guntersville Dam Southwest ve Business Photos by Eric Schultz/ Huntsville Times N Madison County e Ri Huntsville Utilities is taking a giant leap to build a water treatment plant in Marshall County on the Tennessee River. The City Council will consider a request tonight to purchase a site for the plant near Guntersville Dam. The 267-acre tract, owned by Cecil Ashburn of Huntsville, is at U.S. 431 and Guntersville Dam Road. Records list the purchase price at $1.2 million. The estimated cost of the plant would be $60 million to $80 million. The purchase authorization follows a $14 million contract Huntsville Utilities awarded to expand the capacity of its South Huntsville treatment plant near the Whitesburg Bridge. “We believe, with present growth, we can safely have enough water capacity for Huntsville for seven to eight years,” utilities President Bill Pippin said in a recent interview. “If we start construction in 2012 (on the new plant), it will be finished in 2015, about the time we would start being unable to meet the demand.” The Tennessee River supplies roughly 80 percent of Huntsville Utilities’ water. Wells supply the rest, although groundwater levels have dropped sharply because of prolonged drought. Two city wells were recently shut down because of contamination caused by low flow. The LincolnDallas well is the only one still being used. Huntsville Utilities’ other Authorities consider charges in the bizarre case of a Kansas woman who sat on her boyfriend’s toilet for two years – so long that her body was stuck to the seat. A3 U.S. authorities in Baghdad receive five severed fingers belonging to four Americans and an Austrian who were taken hostage more than a year ago in Iraq. A3 Please see PROSECUTION on A6 Marshall site for water plant before council JURASSIC GARDEN The House Education Appropriations Committee votes to exempt federal tax rebates from Alabama income taxes. B1 World remain in jail without bond. Moore’s lead defense lawyer, Sherman Powell Jr., said the length of the deliberations and the deadlock indicates problems with the state’s case. “Obviously, some of the jurors had a reasonable doubt, and the evidence was not strong enough to warrant a conviction,” he said. State prosecutors say they will try Moore again. Haddock said he will call the lawyers together within a few weeks to schedule a new trial. Jackson County Several hundred people are expected to pay their respects to Marine Lance Cpl. David Miles and his family during a full military funeral Friday. B1 Limestone County Local Forecast: Breezy & warmer. Classifieds: 532-4222 Water Morgan Treatment County 67 Marshall County Plant Opened 1964 Huntsville Times r Arab 79 Future site of Huntsville’s third water treatment plant riverside water treatment plant is near Triana south of Huntsville International Airport. The Marshall County land purchase comes as annexations in east Huntsville continue to push city boundaries closer to Marshall County. Utilities spokesman Bill Yell said the new plant property is not a move to solicit customers in Marshall County but a step to ensure ample supplies for Huntsville-area water customers. Tonight’s council agenda item is a request for authorization to purchase the property. “Right now we have an option on that land,” Yell said. “We won’t make the purchase until we have the final permits from TVA to pull water from the river.” The proposed plant site would require about three miles of pipe to reach the river. Seven miles of transmission lines would be needed to deliver Please see PLANT on A6 Spitzer out, may face charges, lose license N.Y. governor told wife of allegations first, his aides say “I cannot allow my private failings to disrupt the people’s work.” Eliot Spitzer New York Democratic governor who will resign from the job on Monday In today’s Times Call girl in Spitzer tryst identified. A6 By MICHAEL GORMLEY and VERENA DOBNIK The Associated Press ALBANY, N.Y. – On Saturday night, Gov. Eliot Spitzer was at the annual Gridiron Club dinner in Washington, where President Bush serenaded reporters with a funny song about leaving office. By then the governor knew full well he could be leaving first. A day earlier, federal prosecutors had told the governor he had been snared in a prostitution operation, according to senior Spitzer aides who spoke on condition of anonymity because of the sensitivity of the matter. He initially kept it to himself, so when his aides’ cell phones went crazy with a New York Times reporter’s calls the night of the dinner, they didn’t know why. Neither Spitzer nor the reporter let on. So began a dayslong political drama that ended Wednesday with Spitzer’s resignation. Still to come are decisions on whether the stunning indiscretions by the hard-charging, crusading ex-prosecutor will lead to criminal charges or disbarment. Aides said the first person Spitzer told about the allegations was his wife, Silda. He told her Sunday in their Manhattan home; his state police driver had taken him there after bad weather canceled his flight. After several excruciating Please see SPITZER on A6