BURLINGTON — For the second time, the lack of a mental competency report delayed the pretrial conference Tuesday of a New Jersey man charged with kidnapping a man in Kentucky who was later found dead.

        Gregory J. Marcinski, 24, of Brick, N.J., was scheduled for a pretrial conference in Boone Circuit Court at noon Tuesday, but the hearing was rescheduled for March 13 because the court lacked a report on Mr. Marcinski's mental state.

        Mr. Marcinski is accused of impersonating an FBI agent to kidnap his ex-girlfriend's new lover, Paul Jeffrey Gale, 28, of Great Britain, from a Florence hotel April 17. Mr. Gale's body, burned beyond recognition, was found 10 days later in a shallow grave about 2 miles from Mr. Marcinski's home.

        Mr. Marcinski was originally scheduled for a pretrial conference in January, but it was then moved to Feb. 6 so Mr. Marcinski could undergo a mental evaluation through Luther Luckett Correctional Complex in LaGrange.

LUCKY TO BE UNHURT: Dan Roetker, 30, of Covington said the pickup truck he was driving got stuck on the railroad tracks, then he saw the train coming and, “I just jumped out.” No one was injured. The truck was borrowed from Terry Kelley, also of Covington. (Patrick Reddy photo) | ZOOM |

        Defense attorney Tim Schneider said no date has yet been set for an evaluation, but he plans to follow up with Luther Luckett officials to make sure the evaluation is completed by March 13.

        Kidnapping can be a capital offense under Kentucky law if the victim is not found alive. But Mr. Marcinski could avoid the death penalty if he is declared insane.
       

Richmond subverted open-records law

        RICHMOND — City officials subverted the intent of the Open Records Act by stalling for two months after a resident asked to inspect the city government check register.

        Jim Crazy Snake Blake made his request Nov. 16. The law requires an agency to respond within three days. But it was four weeks before then-City Attorney David W. Smith told Mr. Blake that personnel in the finance department were busy with property taxes, and the check register would not be available until Jan. 16.

        Assistant Attorney General Amye L. Bensenhaver, in an opinion dated Jan. 31, said more than two months had elapsed since Mr. Blake's request.

        “Inasmuch as the requested record was ... readily available within the agency, we find that a delay of this duration was not reasonable,” Ms. Bensenhaver wrote. “We therefore conclude that the city subverted the intent of the act short of denial of inspection.”

        Attorney general opinions are legally binding in open-records and open-meetings cases.
       

Autopsy fails to show cause of twins' death

        MANCHESTER, Ky. — An autopsy failed to find the cause of death for 3-month-old twins who were found dead Saturday at their home, authorities said.

        “All options are open,” said Dr. John Hunsaker of the state medical examiner's office. “It's a very unusual set of circumstances to have twins die at around the same time, if not simultaneously.”

        Dr. Hunsaker said tests must be completed to rule out health-related causes of death for Gabriel D. Jones and William D. Jones.

        The twins' mother, Lisa Wagers, was among several people indicted in April 2000 on charges of being part of an illegal drug trade.

        Clay County Coroner Jim Trosper said the twins did not appear to have any traumatic injuries. Sudden infant death syndrome has not been ruled out, but “I would think chances are very slim,” Mr. Trosper said.
       

Firm needs help with chicken litter

        HENDERSON, Ky. — Western Kentucky Energy is seeking input from poultry farmers about how much poultry litter is available for use as an alternative power source.

        The energy company has had problem quantifying the amount of chicken litter available in Henderson, Webster and McLean counties, said Robert Toerne, local contract manager for Western Kentucky Energy.

        Western Kentucky Energy is hoping to secure about 200,000 tons of the litter a year for a two-year study on the possibility of using it, combined with more traditional sources of fuel, to generate electricity.

        The company announced last summer that it, along with two partner companies, had been awarded a $660,000 grant by the U.S. Department of Energy to try out the plan at the Reid power station north of Sebree, which now primarily burns coal.
       

Chao discusses coal sludge spill

        WASHINGTON — Labor Secretary Elaine Chao spent her fourth day on the job visiting the Mine Safety and Health Administration, where she introduced herself to workers and talked shop with the acting head of the agency.

        MSHA Acting Assistant Secretary Robert Elam met with Ms. Chao for about 45 minutes, during which time the two talked about issues such as MSHA's ongoing investigation into last year's collapse of a coal-waste reservoir in eastern Kentucky. The agency is expected to produce an investigation report in about two months, Mr. Elam said.
       

Dealers of OC drug being rounded up

        LEXINGTON — State and federal authorities, reacting to the spread of a deadly new drug, began rounding up alleged dealers on Tuesday throughout eastern Kentucky.

        “It is the largest raid in the history of the commonwealth of Kentucky,” U.S. Attorney Joseph Famularo said. “Nearly all of the arrests involved OxyContin.”

        The drug, known on the streets as Oxy or OC, is a prescription medication used primarily by cancer victims and others suffering from severe, constant pain.

        Eastern Kentucky is one of the first regions of the nation where the drug has caught on among users, said Gary Oetjen, the Drug Enforcement Agency's assistant special agent in charge in Kentucky. The drug also is popular in parts of Ohio, West Virginia and Pennsylvania.
       

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