Saturday, February 03, 2001

Kentucky Digest

Finders plan to test Col. Sanders recipe

The Associated Press

        SHELBYVILLE — A handwritten recipe linked to Kentucky Fried Chicken founder Colonel Harland Sanders but disavowed by KFC was returned to its owners Friday and will soon be tested in the kitchen.

        A judge ordered the leather-bound datebook removed from a bank vault and returned to restaurateurs Tommy and Cherry Settle. The couple found the 1964 book in the basement of the home they purchased from Sanders.

        The book stirred a legal fight between KFC and the Settles, prompting a judge to place it in safekeeping while the fast-food giant determined whether its closely guarded secret was in danger of slipping out.

        KFC concluded its secret was safe. The company said this week the datebook recipe wasn't close to the colonel's famous original recipe of 11 herbs and spices, and it dropped a lawsuit against the Settles.

        Mr. Settle said Friday he took the company at its word that it's not the colonel's original recipe. Out of curiosity, though, the couple plan to test the recipe for themselves, not their customers, they said.

Alcohol training ordered for police

               LOUISVILLE — Police Chief Greg Smith ordered all department commanders to undergo alcohol awareness training after a second incident involving an off-duty officer who crashed a city vehicle while drunk.

        “Officers see a lot of ugly things and they internalize it,” Chief Smith said. “When these things manifest into problems, we have an obligation to offer them assistance.”

        Louisville Police Lt. Dale Perry crashed a city vehicle while off-duty Dec. 30 in an incident Jefferson County police said was alcohol-related. Lt. Perry had a blood-alcohol level of 0.23, almost three times the legal limit of 0.08, Jefferson County police said.

        No charges have been filed against Lt. Perry, but the results of an investigation will be turned over to the commonwealth attorney's office, police said.

        Lt. Perry, a 28-year veteran in charge of the police criminal intelligence unit, was in critical condition at University of Louisville Hospital, said Rick McCubbin, president of the city's Fraternal Order of Police.

        The crash followed a Dec. 9 wreck in which Officer Natalie “Shelly” Cunningham wrecked her take-home police car. Officer Cunningham pleaded guilty last month to drunken driving and is serving a 20-day suspension without pay.

Man accused of software piracy

               LOUISVILLE — A Detroit man is charged in federal court with attempting to illegally buy data from employees of a software company, the FBI said.

        Kurtis Kenneth Cullen, 31, is charged with wire fraud in what is the first software-code piracy case pursued by the FBI in Kentucky, said FBI spokesman David Beyer.

        Mr. Cullen is accused of offering $10,000 to an employee of, a Louisville software company, in return for source codes to medical claims software, court records show.

        Mr. Cullen was released on a $25,000 bond and ordered to stay away from ZirMed employees. He will be arraigned Feb. 20 on the charges, which carry maximum penalties of five years in prison and a $250,000 fine.

        Reached by phone at home, he declined comment.

        Source codes are the designs that make software and Internet sites function. They can take years of expensive research to develop. ZirMed, a privately held company of 16 employees, said its software would allow medical workers to forward medical claims data directly to insurance companies through the Internet.

        A court affidavit alleges that Mr. Cullen told an employee he has the software but needed the source data to decipher it and offered to pay $5,000 for it and $5,000 at a later date. The employee turned the information over to the FBI, court papers said.

Police shoot, kill man in drug incident

               JEFFERSONVILLE — A Kentucky State Police trooper fatally shot a man during a drug arrest at a park in Montgomery County.

        The man shot was identified as Armando Pena, 23, of Clay City, state police said in a statement Friday. Mr. Pena died at University of Kentucky Hospital in Lexington on Thursday evening, Fayette County Chief Deputy Coroner Steve McCown said.

        Police said Mr. Pena was trying to sell 4 pounds of marijuana and 1 pound of a substance suspected to be cocaine to an undercover officer when uniformed police moved in to arrest him, said Lt. Kevin Payne, state police spokesman. Mr. Pena reached for his handgun and was shot once by Trooper Chad Carroll, Lt. Payne said.

Activist checks on dead, hurt dogs

               JAMESTOWN — A caretaker at the Russell County pound found at least seven dogs dead and four others wounded in what may have been an attempt to euthanize the animals, an animal-rights activist said.

        Sue Hopper, president of the Animal Welfare League of Russell County, said that after the caretaker found the dogs Wednesday afternoon, she went to the animal pound and made a videotape showing the dead dogs in a pit.

        One badly wounded dog was later euthanized and three others had less serious wounds, Ms. Hopper said.

        She said Jeff Bryant, the county dog warden, was the only person at the facility with the authority to shoot the dogs. Mr. Bryant said he has not shot a dog as a form of euthanasia in up to three months.

        The Humane Society of the United States considers it inhumane to shoot dogs as a method of euthanasia, said spokeswoman Kate Pullen.

Covenant against doctor is upheld

               FRANKFORT — A hospital in Harlan can enforce a “restrictive covenant” forbidding a former staff physician to practice medicine in its territory, the Kentucky Court of Appeals ruled Friday.

        That reversed a Harlan County Circuit Court ruling that the covenant was void.

        The case pits Appalachian Regional Healthcare Inc. against Dr. Ahmad H. Ahmad, whom it recruited to practice at its Daniel Boone Clinic in Harlan.

        Dr. Ahmad, a Jordanian, was able to obtain a work visa because the federal government designated the region as a shortage area for doctors.

        Dr. Ahmad and the hospital company signed a two-year contract in May 1994, and extended it in 1996. The relationship apparently deteriorated, and Dr. Ahmad was fired in April 1999.

        Coincidentally, the General Assembly had just outlawed health-care restrictive covenants as “unethical.” But the law took effect in July 1994, two months after Dr. Ahmad's contract began, and was repealed in 1996, shortly after he signed an extension.

        Harlan Circuit Judge Ron Johnson ruled that the covenant in Dr. Ahmad's contract had been rendered unenforceable. But the appeals court said the covenant was revived, “like a phoenix rising from the ashes,” when the law was repealed.


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- Kentucky Digest
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