Cause of infant’s death ‘undetermined’ by autopsy

Hypothermia is a possible cause of death for Aubrey Kina-Marie Littlejohn, a 15-month-old Cherokee baby who died in January, according to a state autopsy report released last week.

The autopsy also showed indications of multiple bruises to the head and a broken arm.

Relatives had repeatedly warned Swain County Department of Social Services of suspected abuse and neglect by the baby’s caretaker, but DSS failed to take action. Swain DSS is now under investigation for an alleged cover-up, including falsifying records to hide any negligence on their part.

Aubrey had been living in a trailer with of her great aunt, Lady Bird Powell, 38. Relatives say there was no heat in the trailer. When Aubrey was brought to the Cherokee Indian Hospital the night she died, she was dressed in only a T-shirt. Her core body temperature was only 84 degrees and she was pronounced dead shortly after arrival.

The doctor performing the autopsy could not decisively pinpoint a cause of death and officially deemed it “undetermined.”

“The cause of death certainly wasn’t obvious,” said Dr. Donald Jason, a pathologist at Wake Forest University Baptist Medical Center.

However, hypothermia remains a possible cause of death.

“We certainly have not ruled out hypothermia,” Jason said.

Hypothermia is difficult to confirm unequivocally through an autopsy and requires “a thorough scene investigation to support a cause of death as hypothermia,” Jason wrote in his report.

It will ultimately take “really good police work” to figure out what happened, Jason said.

“Just like in all science, one has a hypothesis that can be formed from what people say happened or reasonable guesses. The autopsy is one test,” Jason said.

Law enforcement failed to take the temperature inside the trailer. Their reports merely reflect that it was “cold,” Jason said.

Swain County Sheriff Curtis Cochran said the investigation has not been called off just because the autopsy came back with an undetermined cause of death.

“We are still investigating. When the investigation is concluded, we’ll sit down with the District Attorney’s office and determine what if any charges will be coming out of this,” Cochran said.

While the autopsy did not confirm homicide, it likewise did not confirm death from natural causes.

“Questions have been raised. I don’t think they are answered by the autopsy alone,” Jason said.

The autopsy showed multiple bruises to the head that seem to have occurred within a day prior to death. It would not have been possible to receive all the bruises from a single fall, Jason said. However, whatever struck the child’s head was not severe enough to be linked to the cause of death or to the brain swelling.

It also revealed that both bones in Aubrey’s forearm had previously been broken. The break was consistent with a blow to the forearm, rather than a fall, Jason said. Jason said the injury would have been quite noticeable, however, Aubrey was never taken to the hospital or a doctor for it, according to law enforcement records.

In addition to claims by family members who say DSS had reason to suspect abuse and neglect but failed to act, court papers involving other children in Powell’s care reveal that Swain County social workers had reports of physical abuse of Aubrey months before her death.

Cherokee hopes for dealers as casino expansion debt looms

Principal Chief Michell Hicks hinted last week at a renewed effort to bring live dealers to Harrah’s Cherokee Hotel and Casino, in a ceremony renewing the management contract between the Eastern Band of Cherokee and Ceasars Entertainment.

At an event christening the first phase of the casino’s $650 million expansion project, Hicks said the tribe continues to lobby Gov. Bev Perdue to allow live card dealers at Harrah’s. Currently, the state limits the tribe to electronic gambling only.

“We’ll continue to push her to do the right thing,” said Hicks, who is running for a third term for office this year. Hicks said he hoped the governor would wake up and “smell the roses” on the issue, but later said that such negotiations were an ongoing process rather than specific haggling with the state.

“The Eastern Band of Cherokee is continually trying to impress upon all elected officials and state leaders the importance and value of an expanded gaming enterprise,” Hicks said in a later statement. “We maintain a cordial and productive relationship with the Governor’s office and the state legislature officials and look forward to continuing that relationship.”

Negotiations for live dealers and table games — slot machines, craps, roulette and other Las-Vegas style games in addition to live card dealers — stalled last year when a video poker company brought suit against the state. The suit claimed the governor had no legal right to negotiate with the tribe for increased gaming freedom. The same company hamstrung talks in 2009 with a separate suit, which charged that allowing video gambling in Cherokee, but nowhere else in the state, was illegal and unfair.

Harrah’s General Manager Darold Londo said that while the casino wasn’t involved in talks to bring the stepped-up gaming to Cherokee — that’s between the tribe and the state — it would certainly be a boon to the business if it came.

“I’d like to think that we would offer a full-service casino experience,” said Londo. “With our proximity to Atlanta and Charlotte and Knoxville, where you have people that fly to other places to play those games, if we offered those things they could come to Cherokee instead.”

The tribe’s renewed interest in negotiating comes at a time when casino distributions are down — 16 percent according to Hicks — though he and Londo both said they’re hopeful the new expansion, which includes expansive luxury suites for high rollers and is the largest construction project in the Southeast, will crank up revenues again.

As the primary election for principal chief draws closer, however, many in Cherokee are asking how the tribe can pull its focus away from Harrah’s and diversify its revenue portfolio.

Currently, 87 percent of the tribe’s income is generated by Harrah’s. The proceeds are split evenly, with half being divvied up among tribe members and the other half funding tribal operations and programs.

Hicks himself has said that the tribe needs to move away from the casino-as-cash-cow model, and a central tenet of his platform is eradicating the debt.

The Eastern Band now hold almost a billion dollars in debt — $650 million of that is from the major expansion underway at the casino, an endeavor approved by tribal council in 2007.

Critics, including opponents running against Hicks for chief, have questioned whether it was wise to take on so much debt.

Hicks said he has a plan to eradicate the debt completely within the next four years, though he hasn’t spelled out the details of how he’ll do it.

Moving forward, he said, the tribe should look less to gaming and more to its historical traditions, especially arts and crafts.

“To generate gross receipts you’ve got to create business, and we’ve got to change our view of what Cherokee is about,” said Hicks. “We’ve got to get creative by using the thing that we’re better at than anybody else.”

While he conceded that Cherokee couldn’t compete with tourist Meccas of Gatlinburg and Pigeon Forge — they just have less real estate to work with — their selling point is the deep cultural heritage and quality craftsmanship the Cherokee bring to their crafts. This, he said, should be the basis of the new, diversified Cherokee economy.

But even as the call for fiscal diversity is made on all sides this election season, Hicks is still behind the push for live dealers, saying it would bring more jobs and dollars into the economy and help decrease the debt he’s promised to demolish.  


New suites cater to the high rollers

The crowning touch of Harrah’s new hotel tower is its range of newly opened luxury suites, reserved for casino high-rollers and VIPs.

The suites feature expansive mountain views, designer furnishings and subtle touches of opulence, like TVs in mirrors, marble logless fireplaces, 5-person Jacuzzis and wrap-around porches. Some even sport names like Crisp Hydration

The 21-story Creek Tower, the third hotel tower on campus, is part of a larger $650 million expansion of the casino.

The expansion includes a 3,000-seat entertainment venue that opened last fall, an 18,000-square-foot spa, Asian gaming room and additional poker room and will double the footprint of the casino floor.

New restaurants and retail stores will bulk out the space, too; Southern kitchen queen Paula Deen installed one of her renowned restaurants there earlier this year, while Italian chain Brio and the Ruth’s Chris steakhouse franchise are scheduled to move in by the end of 2012.

It’s currently the largest hospitality expansion project in the Southeast and, when finished, it will boast the most hotel rooms in the Carolinas.

The Eastern Band of Cherokee contract the casino’s management to Caesars Entertainment, which runs more than 50 casinos and seven golf courses across the globe. Harrah’s Cherokee has been in business since 1997 and opens its doors 24 hours a day.

Landing the big one: National Fly Fishing Championship coming to Cherokee

Want to see some of the best fly-fishing imaginable? The 2011 U.S. National Fly Fishing Championship will be held May 19 through May 22. It will be headquartered in Cherokee with fishing held on several waterways in the region

The event is hosted by the N.C. Fly Fishing Team, in partnership with the Eastern Band of the Cherokee Indians Fish and Wildlife Management and the Cherokee Chamber of Commerce.

This is the first time the event has been in the Southeast. The championship will see 60 of the top fly fishermen from around the U.S. Competitors for the 2011 National Fly Fishing Championships first had to qualify at regional competitions around the country.

Numerous businesses, organizations and volunteers have worked together to host the event here.

“There has been a true partnership with everyone doing what they can to help make the event successful,” said Matt Pegg, Executive Director of the Cherokee Chamber of Commerce, who is excited about the exposure the event will bring.

More than 100 volunteers are assisting with the event. To help out, contact This email address is being protected from spambots. You need JavaScript enabled to view it..

 

Catch some of the action

Spectators are welcome to watch the competition. Competitors are split into groups and dispatched to one of five rivers. They then rotate over the course of the competition. Each river is divided into sections, with anglers assigned a specific section so they won’t be bumping into each other.

• Lower Nantahala River from just above Little Wesser Falls to the double bridge at Winding Stair Road.

• Cherokee Trophy Waters of the Raven’s Fork River, from the Blue Ridge Parkway Bridge to the pedestrian bridge at a campground.

• Tuckaseegee River, from the N.C. 116 bridge in Webster upstream to the N.C. 107 Bridge

• Upper Nantahala River from the confluence of generation canal just beside the Duke Energy Power Plant upstream to White Oak Creek.

• Calderwood Reservoir below the Cheoah Dam.

Anglers will be practicing on other area waters all week, but are barred from fishing on the competition sections until the competition day.

www.USNFFC.com.

Many buildings certifiably green; others just follow the LEED

What do Harrill Residence Hall at Western Carolina University, the Cherokee Central School System, the new Oconaluftee Visitor Center in the Smokies and the firehouse in Sylva have in common?

Each of these projects help make a whole: they are part of a burgeoning green-building trend in Western North Carolina that, in recent years, has seen sustainable commercial construction become less of a niche and more of the norm.

“It is definitely becoming mainstream,” said Lauren Bishop, campus energy manager for WCU, where a green retrofitting of Harrill dorm is under way and the earth friendly Health and Human Sciences Building was recently completed.

These green buildings use less power and water, are often built in a pre-existing footprint, produce less waste and use recycled materials. Most incorporate more natural light and fresh air than standard commercial buildings.

Some are certified sustainable, others are not: LEED (Leadership in Energy and Environmental Design) certification is the recognized standard (see sidebar on LEED certification). But that stamp of approval comes at a recurring annual cost and a whole lot of paperwork.

SEE ALSO: The price of being certifiably ‘green’

As George Stanley, projects manager for Southwestern Community College, put it when describing the non-certified but sustainable Conrad G. Burrell administration/bookstore building under way there, one can have a perfectly fantastic pedigree dog without having in hand the actual pedigree papers.

With or without the certification, WNC architects and local governments are paying increasing attention to sustainable building practices.

 

Not just green: healthy

Scott Donald is a principal architect with Padgett and Freeman Architects. The Asheville company drafted the plans for the massive new campus that’s home to Cherokee Central Schools, as well as the tribal emergency operations center. Both are LEED certified, but Donald said that he would try to bring environmental sustainability to the projects even without the certification, just because it’s his professional habit.

“This office has been doing that since the early 70s,” Donald said. “It’s really just environmentally conscious architecture.”

The schools in particular are chockablock with sustainable measures. It’s a sprawling, 473,000-square-foot campus that houses kindergarten through high school and incorporates green technology at every turn. There are waterless urinals, daylight sensors in every room to maximize natural light and minimize the artificial light used, underground cisterns stowed beneath the schools’ courtyards that can hold 60,000 gallons of rainwater for irrigation and toilet flushing. And, the school is heated by 450-foot geothermal wells that were drilled beneath the school to make use of the earth’s warmth.

The project cost $140 million, but Yona Wade, director of the school’s cultural arts center, said the benefits are worth the extra money spent to LEED certify the buildings. The measures will save the school system money in the long term  — $10 million over 40 years, according to Donald.

In Cherokee, the impetus for green building is largely rooted in a 2009 environmental proclamation made by Principal Chief Michell Hicks. He directed the tribe toward greater care for the environment in its policies.

“It comes from wanting to be good stewards of what we have,” Wade said. “This has got to be the building that will last us. We’ll probably never do this again.”

 

The sun and the wind are free

O’Dell Thompson, a Sylva architect, has chosen not to take the classes and pay the fees necessary to get LEED certified. But he designs in an environmentally friendly manner “because that’s the right thing to do.”

“I do a lot of houses, churches and stuff,” Thompson said. “With all of my clients, I encourage them to take advantage of the things that are free — the sun and the wind.”

Thompson was the architect on Sylva’s new firehouse.

He remembers that when Sylva leaders were developing the concept for the new firehouse, then Mayor Brenda Oliver emphasized, “no matter what, it should be as environmentally sensitive as possible,” Thompson said. “So that was one of our goals from the outset.”

Last fall, the firehouse was completed. Not too many years ago the obviously sustainable building might have seemed incongruous in this mountain town of just 2,500, with its large solar panels displayed prominently on the roof. But these days? It really hasn’t occasioned much comment.

There is a solar pre-heating hot water system that heats water to circulate under the slabs where the fire trucks rest when not in use. This saves propane costs — you can’t let a fire truck, full of potentially lifesaving water, freeze during the winter. The slab retains heat because it has thermal mass, which helps keep temperatures warmer.

Up to eight solar tubes help with lighting the firehouse. So much so, Thompson said a butterfly baffle had to be installed near the television so that the firemen could see the screen. The building is south facing, and there’s an overhang to prevent heat buildup in summer and accept heat during the winter.

There are photovoltaics, which is a method of generating power by converting solar radiation into direct current electricity. There are no batteries being charged, the electricity generated simply offsets any electric costs.

The firehouse is metal, meaning parts of it were probably recycled; the men’s room has a waterless urinal to save on water use.

The building avoids the use of volatile organic compounds in the paints or carpet.

“It’s not just green,” Thompson said. “It’s an environmentally healthy structure.”

 

Green building helps bottom line

Tim Chapman is the associate director for facilities in the office of residential living at WCU. He’s a practical kind of fellow, one who clearly understands and appreciates the virtue and necessity of the bottom line.

“We’re a business,” Chapman said. “Everything we do must be done in sound business terms.”

Each of the 13 buildings he helps oversee is an individual “cost center,” meaning they have to cost out each year, bringing in enough money to offset expenses. But these days, that doesn’t exclude incorporating green practices — in fact, sustainable building techniques can save you money, Chapman said.

“The desire has been there for years, but the manufacturing process and science (of green building) is catching up,” he said.

WCU has reused sites instead of eating up more green space as it has entered a new building phase in recent years. More green space, in fact, has been added on campus.

There also have been such innovations as a central chilling plant to cool the buildings on the campus quad instead of separate units, and on-demand hot water heaters.

And Harrill dorm, a 38-year-old residence hall being upgraded and improved, will be the ultimate sustainable “showpiece” on campus, Chapman said.

Work has started on the 400-bed dorm, which should be completed by next summer. The $15 million project will include extensive upgrades to outdated heating, ventilation, air conditioning, electrical and plumbing systems.

Plans call for the installation of a rooftop rainwater collection system to provide water for flushing toilets, solar panels to supplement water heating and geothermal wells for heating and cooling.

WCU Architect Galen May said the new dorm will also allow students to be highly energy conscious. An energy monitor will be added to each pair of floors that will allow students to monitor their energy consumption.

A dashboard will be in the lobby so that all residents can view energy consumption throughout the entire dorm.

“It’s our responsibility to set a good example, and to teach our students about this aspect,” Bishop, the campus energy manager, said.

May said Harrill would serve as a learning tool for students. And, perhaps, it will serve as one for the region, too.

By Quintin Ellison and Colby Dunn

 

 

LEED ‘green’ buildings in WNC

• Cherokee Emergency Operations Center, Cherokee

• Ravensford School Project, Cherokee Central Schools

• Registered (in process of LEED certification)

• One single-family home in Bryson City

• Oconaluftee Visitor’s Center – Cherokee

• Haywood Community College, Creative Arts Building – Clyde

• Two single family homes in Franklin

• Unitarian Universalist Fellowship – Franklin

• Best Buy – Waynesville

• One single-family home – Sylva

• Cherokee Operations Center – Whittier

• Harrill Hall renovations – WCU

• WCU Health and Gerontological Building – Cullowhee

Source: U.S. Green Building Council

Politics, Cherokee style, are in high gear leading up to primary

The July 7 primary is drawing closer in Cherokee, when the field for principal chief will narrow from five to two.

Current Principal Chief Michell Hicks is making a play for his third four-year term. He’ll again be facing his 2007 rival, Patrick Lambert, whom he defeated by a mere 13 votes to reclaim the seat.

Lambert is an attorney and head of the Tribal Gaming Commission Enterprise, and brought a lawsuit protesting the 2007 election results that was rejected by the tribal Supreme Court.

Also in the race are some newcomers, but they are in no sense novices to the hurly burly politics of the tribe.

Longtime political activist Mary ‘Missy’ Crowe has stepped back into the fray, after protesting the results of the 2003 election, when she failed to win a seat on tribal council.

Juanita Wilson, a former assistant to Chief Hicks, is also coming back to have another try at the top spot. She ran in the last primary, but threw her name in at the last minute and campaigned little in the primary run-up.

Gary Ledford, public safety director for the Eastern Band of Cherokee Indians, is the only candidate who hasn’t run for office before. That’s because his 20-year military career, which ended in 2006, precluded him from taking office. He’s been in public safety with the tribe since 2007, and he believes his two decades of public service have prepared him for taking the post.

The candidate list isn’t yet official — that won’t come out until absentee ballots are printed in mid-May — but registration for new candidates has already closed.

One of the issues likely to dominate the debate this year is, of course, the economy. Most of the five candidates listed it as one of the major issues facing the tribe in the upcoming four years, and Chief Hicks, the tribe’s former finance officer, is focusing his campaign on the basis of his fiscal leadership.

The Eastern Band, unlike many other local governments, isn’t hemorrhaging funds and doesn’t appear to be facing cuts thanks to its glittering cash cow, Harrah’s Cherokee Hotel and Casino. Half of what the casino pulls in is distributed evenly among members, while the other half goes to tribal operations. But not everyone is pleased with how that’s handled.

“There seems to be very little planning in how we’re spending money, even to develop, even to expand the casino,” said Wilson, who also mentioned the Sequoyah National Golf Club (a tribally owned operation in Whittier) as a concerning drain on tribal finances, and she characterized it as an unwise decision by tribal leaders.

Crowe echoed those sentiments of fiscal caution.

“We have seen a lot of things happen because of the economy, and they do have a direct effect to our economy here on the boundary. I feel that we need to start working towards other funding. There’s a lot at stake, so we have to be diligent in protecting our sovereignty and our assets,” said Crowe, suggesting that maybe relying solely on Harrah’s to continue buoying the tribe through tough economic times might not be the best idea.

Ledford’s also pitching diminished dependency on the casino.

“At very great financial risk, we’ve put all of our eggs into one flimsy non-double-weave basket. We have effectively turned our back on the small businessman by focusing all efforts on the casino, in a declining casino market,” said Ledford. “You have to — not should, have to — drive down your debt, build your cash reserves and eliminate or postpone unnecessary expansion projects that increase that debt.”

Meanwhile, incumbent Hicks is seeking to protect his perch by pointing to his accomplishments at the helm as the economic downturn has deepened.

“The biggest concern for this tribe right now is paying the debt off,” said Hicks. And, he said, as a CPA with 23 years of tribal service under his belt, he’s just the guy to keep working on it.

“I’ve helped bring us through the worst economy we’ve ever seen, and the tribe is doing great,” said Hicks.

 

Tribal transparency

Money’s not the only issue on the table in this race, though. Transparency is a buzzword that keeps surfacing when candidates discuss what led them into the fray.

Lambert said the desire for transparency is part of what pulled him back into the political arena.

“One of the things that we’re going to do is make sure that there’s audits and assurance of fairness and that all the tribal audits are made public,” said Lambert. “People are just looking for a change and that’s primarily the reason I got back into it.”

Crowe said that she, too, is lobbying for a more informative government than what she sees now.

“I’ve been the first one to be screaming transparency, all the way back to 1986,” said Crowe. “We have to be vigilant in knowing exactly what the government is doing with our land and our money. Would you not want the CEO of a business to allow the shareholders to know exactly what’s going on with that business?”

Wilson, who has seen the cogs of the tribe’s executive branch turning from the inside, said increased government transparency is one of her top campaign priorities and what pushed her to run in 2007 and now.

“Our government isn’t transparent. We don’t have our own constitution, despite the fact that we are a sovereign nation,” said Wilson. “It amazes me that we’re making the kind of money we are from the casino and we’re cutting programs. I want to get in and figure out exactly where things are going, how things are being spent, because it just doesn’t add up for me.

“I’m not on a witch hunt, I simply want to do this for the people.”

Hicks himself called for openness in campaign-finance disclosure during a debate with Lambert in the last election.

But as the two-term sitting leader, Hicks will be on the defense when it comes to touting the merits of open government. It’s an issue that’s popped up for the chief before, when Joe Martin, former editor of tribal newspaper The One Feather, brought a wrongful termination lawsuit against the tribe, saying Hicks tried to quash unflattering coverage of the tribe in the paper, then pushed Martin out when he didn’t acquiesce. The suit settled out of court late last year.

 

Incumbent’s advantage?

Though the primary is still two months out, Hicks is already mounting a concentrated offensive to win the affections and ear of the voting public.

Though it’s hardly a gauge of public opinion or popularity, if judging by publicity alone, Hicks takes the race by a landslide.

It is difficult to drive a few hundred yards on any major thoroughfare in Cherokee without encountering at least one sign seeking a vote for his re-election. And then there are the two massive tractor-trailers in downtown Cherokee, parked less than a mile from one another, draped with gargantuan banners that bear his stoic image and the phrase ‘Re-Elect Hicks’ in 10-foot-high letters.

At a re-elect-Chief-Hicks cookout this week, he told gathered supporters that he was going back for a third helping because he felt that there was more left to do.

“My work isn’t finished yet, at this point. We’ve accomplished a lot over the last eight years, but I’ve got a lot more that I want to do on behalf of this tribe,” said Hicks.

And he’s got the weight of two campaigns behind him, which offers a high level of brand recognition among voters; a few at the rally were sporting T-shirts emblazoned with ‘Chicks for Hicks,’ and though they planned for 400, stores of burgers and hot dogs were running low only an hour in.

But other candidates think that their freshness is what offers them an advantage. Wilson said she doesn’t see the benefits of keeping a many-term chief in office.

“I’m going in with a mindset of being one term,” said Wilson. “I supported [Hicks] in his first term. I went to work for him. And after the first three-and-a-half years, the policy shifted,” which she said she feels is due in part to the pressure for re-election.

Hicks himself, though, didn’t point to his eight-year incumbency as a challenge in this year’s campaign, but seemed to see it as an asset.

His greatest challenge, he said, will be getting voters out to the polls.

“This can’t be a lazy election,” said Hicks.

Challenger Lambert, though, believes this election will be about changing, not staying, the course.

“This election’s going to be about the tribe and trying to change the direction of the tribe,” said Lambert.

 

Also on the ballot

Elsewhere in primary battles, the field is broad, but not quite as crowded as it has been in previous elections. Vying for vice chief, the only other position elected by the tribe at-large, are former opponents Teresa McCoy, currently a tribal council member for Big Cove, and Larry Blythe, the incumbent. Also running for that seat are Carroll ‘Peanut’ Crowe and Joey Owle.

The six tribal council districts, which operate on two-year terms, have anywhere between four and eight hopefuls, and each group will be whittled to four in the primary, with two winners chosen. All sitting tribal council members are running for re-election.

The general election will be held September 1, but the last chance for voter registration is June 8.

Big Stakes at Harrah’s Cherokee Casino

Of the many games that grace the floors at Harrah’s Cherokee Casino, poker might be the most universal. From casino floors to living room floors, the World Poker Tournament estimates that nearly 60 million Americans play the game. Even the president plays poker.

And now, any one of those 60 million will have their own chance at the game’s holy grail, the World Series of Poker.

This month, the casino will be hosting its first-ever World Series of Poker event, a 10-day poker extravaganza that culminates in two large tournaments and a 10-player final. The lucky winner of that game will go home not only with winnings, but a coveted slot at the prestigious World Series of Poker main event in Las Vegas. They’ll even be flown to Nevada, courtesy of their winning hand.

Ron Hager, director of table games for the casino, said that in the two years they’ve been offering the game, popularity among patrons has soared.

“They’re always asking, ‘Why don’t you have the big tournaments?’” said Hager. “Then there’s the added appeal of the World Series of Poker. It’s like every poker player’s dream.”

Indeed, that’s the appeal of this event: any player can become a Cinderella story. They just need the skills and, of course, that vital measure of luck that makes a good player a winner.

Although the poker at Harrah’s Cherokee isn’t exactly like the real-deal main event the WSP puts on in Vegas — it’s an electronic set-up, sans live dealers, thanks to some legal agreements the casino has with the state — Hager said that the players aren’t fazed. Some, claims Hager, even purport to like the electronic version better than the real deal. There are fewer errors.

“The players that play it, they all say it’s a heck of a lot better than you ever think it would be. People really like it,” said Hager.

And, he said, that claim is proven by the multitudes who are flocking to Harrah’s tables.

“We started with four tables, went up to seven tables after about two months, and increased to the 10 tables we have now. On weekends and holidays, 10 tables isn’t nearly enough,” said Hager.

In recent years, the game has seen a surge in popularity, thanks to events like the World Series of Poker and other televised matchups that bring the quiet drama of poker out of smoky back rooms and casinos and into America’s living rooms.

The game has the hushed, measured qualities of golf — patience, shrewdness, strategic calculations and a certain amount of bravado and luck are what make winners. But poker, unlike golf, offers everyday players the same shot at glory as the big-name players, no preternatural athletic prowess required.

As Hager said, it’s every poker player’s dream, and as the game gains a following, it gains a lot more hopefuls, too.

The World Series of Poker started in 1971. The headliner that year — the $10,000 Texas Hold-‘em tournament that’s become the star-studded spectacle of the poker world — had six participants. The numbers languished around the lower end of the size spectrum until 2003, when the event hosted 839 players. That was the year Chris Moneymaker won. He was a 27-year-old comptroller/restaurant worker who won the big pot by qualifying through an online poker site. He was young and fairly portly. He wore baseball caps. He was everyman. And he walked away with $2.5 million.

And that’s also when poker’s star began to ascend.

By 2006, the WSP had more than 8,000 hopefuls playing hands, an increase of more than 1,000 percent in just three years.

Last year, the tournament was down slightly to around 7,000 players, but interest in the game is clearly still blooming, even with the federal indictment handed down earlier this month against the three largest online poker sites on the Internet.

Moneymaker was proof that poker, unlike many other sports, doesn’t need extensive training from childhood, wealthy parents, the right build or the right coaches. It just needs the right hand in the right hands.

Moneymaker is set to appear at the Harrah’s event, which will, in itself, be a draw. Since his watershed win in 2003, he’s played in a plethora of tournaments, but he’s also parlayed his unique rise to stardom into a business opportunity with appearances at poker events worldwide.

Hager and his team are hoping that Moneymaker, and the ethos he represents, will bring in players to their event that might not otherwise frequent the tables. Though their pre-registration isn’t high, Hager said that’s normal and not something they’re particularly worried about.

“Amazingly enough, 60 percent of the people that register for a tournament do it in the last 30 minutes before the tournament starts,” said Hager.

So if you’re still honing your online skills getting ready for the big day, you’ve still got time. And if watching is more your speed than playing, there will be large screens and special coverage set up inside the casino for spectators.

And who knows? You might just be watching another Moneymaker in the making.

 

The schedule throughout the 10 days of WSOP includes live action tournaments and events for poker players of all types. Highlights include:

• Friday, May 6- May 8 — $550 buy-in multi-day tournament and final on Sunday, May 8

• Monday, May 9 — Omaha PL Hi/Lo $120 tournament

• Wednesday, May 11— $225 Carnival PokerPro Challenge Cruise Event

• Thursday, May 12 — $60 No Limit Turbo Hold’em event

• Friday, May 13-Sunday, May 15 — $1,075 buy-in tournament, winner receiving $10,000 seat at the 2011 WSOP in Las Vegas and a cash prize.

Legislation would give Tribal ABC Board more authority

Legislation that would bring alcohol regulation in Cherokee completely under tribal control is now working its way through the General Assembly.

The Eastern Band of Cherokee Indians established its own Alcoholic Beverage Commission in 2009 following a resolution to allow alcohol sales at Harrah’s Cherokee Casino, and now the tribe is lobbying for recognition by the state.

The Tribal ABC Board controls the permits it gives to Harrah’s as well as the sale and distribution of alcohol at the casino. Now, Harrah’s must get a permit from the state, in addition to the tribal permit. With these bills, the tribe is trying to change that.

“Right now, they don’t recognize any of the ordinances other than their own. They only recognize towns, counties and townships,” said Bob Blankenship, chairman of the Tribal ABC Board. “We want them to acknowledge our authority, and we want to eliminate dual permits.”

And the issue is not just permitting, but enforcement. The Eastern Band has its own task force for alcohol enforcement, with two full-time officers on duty.

Because Cherokee is a sovereign nation, the state can’t enforce its permits there; they don’t have the jurisdiction. So the tribe is already doing it for them.

Now, they’re asking for full control of it, legally, instead of just operating on an ad hoc basis.

For Sen. Jim Davis (R-Franklin), who introduced the bill, it’s a local issue.

“I signed onto it because I believe in local control,” said Davis.

Principal Chief Michell Hicks said that he’s on board with the bill for the same reason.

Currently, there is nothing in the North Carolina alcohol statutes which specifically addresses tribal sovereignty and this bill will correct that deficiency.”

The measure has the backing of the Tribal Council, as well. In reality, the law will do little more than formalize the procedures already in place, and get rid of redundant permits.

What it won’t do is expand alcohol sales on the reservation.

Currently, Tribal ABC can legally issue sale permits to one place: Harrah’s. They can give one-time permission to serve alcohol at special events and issue brown-bag permits that allow patrons to bring their own — the Holiday Inn in Cherokee has had one since 1984 — but they still can’t let anyone on the reservation sell alcohol outside Harrah’s.

This means that, not only can other restaurants and shops in Cherokee not sell to customers looking to buy, Harrah’s itself has to take its money elsewhere, too. So ABC stores in neighboring counties are raking in revenue keeping the casino well stocked.

To change that, said Blankenship, another referendum would be needed to broaden the scope of his board’s authority.  

The idea of sales elsewhere on the Qualla Boundary, however, has been bandied about before and it has recently resurfaced. The Cherokee Chamber of Commerce sent out an informal survey, asking members to weigh in on the issue, and Chamber Executive Matt Pegg said that many seemed to be in favor of letting other local businesses get in on the alcohol game.

For now, though, said Blankenship, his board will be happy just to be recognized by the state for what they already do, without raising the question of whether they should do more.

Social safety net failed Cherokee baby

Additional evidence has surfaced indicating Swain County social workers failed to act on reports of alleged abuse and neglect of a Cherokee baby who later died.

Court papers reveal that Swain County social workers had reports of physical abuse of Aubrey Kina-Marie Littlejohn by her caregiver, Ladybird Powell, months before she died in January.

The papers were filed by the Jackson County Department of Social Services in a custody case involving another child in Powell’s care.

Powell’s treatment of Aubrey and her still unexplained death weighed heavily in a petition filed by Jackson DSS to have an 8-year-old boy removed from Powell’s custody.

Although Powell lives in Cherokee, the tribe does not have its own agency to handle child abuse and neglect cases. Instead, the child welfare divisions of Jackson and Swain DSS manage cases on tribal land. Previously, Powell lived on the Swain County side of the reservation, so the case fell to Swain DSS.

But Powell has moved, as has the 8-year-old boy, who now lives on the Jackson County side of the reservation, giving Jackson DSS jurisdiction.

The petition filed by Jackson County DSS reveals the following:

• Swain DSS initiated an investigation into suspected child abuse and neglect involving Aubrey in November 2010. (This was the second such investigation in three months. Until now, however, only the first had been made public.)

• The report of abuse made to Swain DSS in November claimed that Powell “smacked Aubrey in the mouth when she cried and jerked Aubrey around,” and “knocked Aubrey off a bed intentionally.”

• Swain County social workers visited Powell’s home three days after the report came in. They had Powell sign a statement saying, “Ladybird will not physically punish Aubrey.” Aubrey was 13 months old at the time.

The first investigation of abuse and neglect by Swain DSS was in September. In that case, Powell claimed bruises on Aubrey were the result of a fall down the stairs.

A DSS worker deemed the report of abuse “unsubstantiated” after one visit to the home. While he told Powell to take Aubrey to the doctor and have her injuries examined, he never followed up to see what the doctor found — or whether the doctor’s visit even took place. He later fabricated a report claiming Aubrey had been seen by a doctor when in fact she never had, according to law enforcement records.

Swain County DSS is under investigation by the State Bureau of Investigation for an alleged cover-up. An interim director has been brought in, and three DSS board members have been replaced.

Ruth McCoy, one of Aubrey’s great-aunts, said there were other complaints from relatives ignored by Swain DSS — one of which she observed firsthand.

In November, McCoy heard from a relative that DSS had shown up at Powell’s trailer to take away a 10-year-old boy who was living there at the time. McCoy drove over to the trailer and implored the DSS workers to remove Aubrey as well. There was no heat in the trailer, and it was obvious to the social workers, McCoy said.

“The social workers were sitting there on the couch with their hands clasped between their legs to keep warm,” McCoy said.

One of them was Swain DSS Program Manager T.L. Jones, second in command at the agency. Jones even went out to his vehicle to get a jacket, McCoy said. Meanwhile, Aubrey was dressed in a jacket and toboggan inside the trailer. McCoy asked if Jones was going to take Aubrey, too.

“I said ‘What about her?’ and he said, ‘That’s another case.’ They were removing a 10-year-old and there was no heat but they didn’t take her,” McCoy said.

The night of Jan. 10 when Aubrey died, emergency room doctors at Cherokee Indian Hospital recorded her core body temperature as only 84 degrees, according to law enforcement records.

The reason for removing the 10-year-old was documented as drug and/or alcohol use by the caregiver, according to a Swain DSS report. The caregiver listed on the report was the boy’s biological mother, Mel Toinetta, who was living at the trailer with Powell.

The 10-year-old was placed in the care of McCoy.

 

Autopsy still pending

Doctors at Cherokee Indian Hospital the night Aubrey died suspected drugs may have been in the baby’s system and contributed to her death, according to the Jackson DSS petition.

No charges have been filed against Powell in connection with Aubrey’s death. An autopsy report, including a toxicology report, is still pending. The autopsy and toxicology report have been completed, but have not yet been reviewed and cleared for public release. The Smoky Mountain News has filed a request to receive a copy of the report when it is made public.

It appears Swain DSS was waiting for the results — which should clarify a cause of death — before deciding what to do about Powell’s custody of the 8-year-old boy.

The day after Aubrey’s death, a Swain DSS worker visited Powell’s trailer to check on the boy. Powell had legal custody of the child since he was 2. Recently, he had been living with Powell on and off, but seemed to be spending more time lately at the home of Powell’s ex-husband.

That must have seemed preferable to the case worker, as she wrote in her report that the boy should live with Powell’s ex-husband rather than Powell “until notified by DSS.” But that was crossed out and replaced with “until the toxicology report is in.”

Powell made derogatory and threatening comments to Swain social workers over the pending toxicology report, including that she would make them “eat the results when they come back negative,” according to the court petition.

The boy’s school expressed concern over the informal arrangement that placed the boy with Powell’s ex-husband. Since Powell still had legal custody, the school had nothing on file to prevent her from picking the boy up.

Jackson DSS apparently does not approve either, deeming the temporary placement with Powell’s ex-husband an inappropriate child-care arrangement, according to the petition filed by Jackson DSS alleging neglect of the boy.

The petition states that the boy “lives in an environment injurious to the juvenile’s welfare.”

Cherokee business community tests the waters on alcohol sales

The absence of alcohol in Cherokee is hurting tourism, according to the business community. And that’s something the Cherokee Chamber of Commerce might like to change. Over the past month, the chamber has conducted an informal poll of businesses to see where they stand on the issue.

“More people want it than don’t want it,” said Matthew Pegg, executive director of the chamber. “It’d be nice if Cherokee had a little bit more opportunity economically to bring in some of the other dining options into the area.”

While casino patrons can get a drink after voters in 2009 approved alcohol sales for Harrah’s, the rest of the reservation is still bone dry.

As a result of the poll, the board of the Cherokee chamber is deciding whether, and if so how, it should officially push for a more permissive alcohol policy.

Pegg said that, while some people in this fairly traditional community are reluctant to talk about legalizing alcohol, many business owners are getting more vocal about allowing everyone to serve, not just Harrah’s.

“Essentially, they just want a level playing field,” said Pegg. “If you’re allowed to have it in one restaurant, why can’t you have it in all of them?”

That’s an argument that’s popped up on-and-off since the approval of drinks at Harrah’s two years ago. While alcohol has been a contentious issue in Cherokee, voters approved the idea of selling it at the casino by a surprisingly large majority of 59 to 41 percent.

Feeling slighted, however, the business community at the time circulated a petition lobbying for alcohol across the board. Pegg admits that a good number of business owners are just as passionate about keeping alcohol out.

Many restaurants in Cherokee already have a bring-your-own policy, though the percentage that take that opportunity is often much smaller than those who would buy drinks with their meal, especially given that the closest non-casino sales are a 30-minute round trip to nearby Bryson City.

When the referendum came around in 2009, much of the opposition centered around the social consequences it would bring and was steeped in the Christian religious tradition that runs deep in the area.

But Pegg maintains that, looking at other locales with alcohol sales, those concerns would likely prove unfounded.

“We are in a predominantly religious area where alcohol is not as acceptable,” he said. “The stigma is ‘Oh my goodness, you serve alcohol and the place is going to go crazy,’ but I think people are more worried about it becoming a booze town than they need to.”

Alcohol, he argues, would be heavily regulated. And with drinks offering higher profit margins than food alone, introducing beer, wine and mixed drinks might give some restaurants an extra few weeks on each end of the season. Some, he suggests, may even be able to stay open through the winter, where they currently shutter during the tourist off-season.

Right now, though, moral concerns aren’t the only obstacle standing in the way.

Elections for some council members and principal chief are ramping up, and it would be difficult to find a more hot-button topic in Cherokee than alcohol. In light of that, many have responded to chamber queries that this year might not be the time to bring it up.

But for Pegg and the 203 businesses that are members of the chamber, as the recession is still kicking, there is no better time than now.

Harrah’s alone pulled in more than $1 million in alcohol sales last year, and now the rest of the reservation is hungry for a slice of such a lucrative pie.

“It gives them an option to have more revenue,” said Pegg, “and that’s more jobs and more tax and more everything.”

A long time coming: Smokies national park unveils new visitor center

To describe the new visitor center on the North Carolina side of the Great Smoky Mountains National Park as a long time coming is something of an understatement.

Try some 76 years since plans were first hatched for a museum of this type, where visitors could learn about the cultural history of these mountains and the people who helped shape them. There never seemed to be enough money, and perhaps at times, enough interest, for such a visitor center to be built.

Until now, that is. The new Oconaluftee Visitor Center opened this month at the main entrance to the park just outside Cherokee, one that seems to do justice to the most-visited national park in the country.

“This is much more educational than the old one,” said Brenda Hornbuckle, who lives near Atlanta and was at the visitor center one day last week with her sister, Becky Strickland.

“I love it,” Strickland said, adding the two now plan to make another trip, and soon, so that the sisters’ grandchildren can tour the visitor center.

“This is a lot more updated and a lot bigger,” Strickland said.

And that is true: the old building, pressed into service as a “temporary” visitor center in 1948, will return to its original purpose as an administrative building for park personnel. The new 6,000-square-foot visitor center highlights Cherokee history, early settlers and mountain culture. The visitor center on the Tennessee side focuses on the mountain environment, wildlife and nature.

“There was always the intention of having a visitor center on this side of the park,” said Lynda Doucette, supervisory park ranger in Oconaluftee. “I’m just really tickled we finally have a building.”

And what a building: Built entirely from private funding for $3 million, Oconaluftee Visitor Center is, in a word, “powerful,” as Lisa Bach of Seymour, Tenn., described it. The exterior is wood and stone, very visible from nearby U.S. 441. So much so, some 1,300-1,600 people each day are stopping by — double the 600 to 800 daily visitors in the former, make-do center.

Bach said she was stunned by the building’s beauty and the quality of the presentation.

“I love it,” she said simply.

That’s exactly what people such as Holly Demuth, North Carolina director of the Friends of the Great Smoky Mountains National Park, were hoping. Demuth used words such as “topnotch” and “top quality” in describing the visitor center.

The Friends group chipped in $550,000 toward the exhibits and visitor orientation. The Great Smoky Mountains Association paid for the building and adjacent 1,700-square-foot “comfort station,” the euphemistically designated public restrooms.

“I think this signifies the role private funding can play,” Demuth said. “This has been part of the park’s plan for all those years, but the funding just wasn’t there.”

Demuth added that she believes the visitor center goes a long ways toward underscoring the increasingly important role the national park plays in North Carolina.

Relations between N.C. residents and the park haven’t always been smooth sailing. There’s lingering bitterness over the forced evacuation of farms and rural communities to make way for the park’s creation, and long-festering rancor over a road through the park that was promised to Swain County but never built.

The North Carolina entrance to the park saw three million visitors last year, less than half the number on the Tennessee-side of the park. Having a real visitor center might help attract people to this side of the park.

“We are proud to be a part of this process, of bringing a visitor center that is appropriate for bringing people into the park here in North Carolina,” Demuth said.

Shawn Byrd, a visitor from Michigan who was on his first visit to the Smokies, was suitably impressed, describing his impressions of the exhibits as “informative” and helpful to him in understanding Southern Appalachian culture and development.

Kent Cave, the park’s interpretive branch chief, would have been delighted to hear Byrd.

In a brainstorming meeting held in October 2008, Cave remembers discussing possible “themes” for the future visitor center. The folks gathered that day talked quite a bit, he said, about the need to dispel myths about mountain culture.

“We seized on an idea to show how land was used over time,” Cave said. “And we were very careful to integrate the Cherokee story throughout.”

In other words, the park story is the Cherokees’ story, too, the ranger said in explanation. Careful and meticulous attention was devoted to working with Cherokee experts on how they should tell this intertwined story, and that of the white Southern Appalachians who came to these mountains.

“I think we hit it pretty well,” Cave said.

Matthew Pegg, executive director of the Cherokee Chamber of Commerce, believes so, too.

“Anytime there is an opportunity for visitors to receive information about an area they discover something that they most likely never knew,” Pegg said. “If the visitors stop at the new visitor center and discover a new attraction or hike or fishing opportunity they are likely to extend their stay and in turn put more money into our economy — and that is a very good thing.”

“Pooh” Cooper Lancaster, owner of Madison’s on Main in Bryson City, and in Cherokee, Great Smoky Fine Arts and The Native American Craft Shop, said the visitor center was “desperately needed.”

“And it’s about time they’ve put a little money and building on this side of the park,” the Swain County native said. “I’m tired of Tennessee getting everything. North Carolina, as a state, has not done a good job of promoting the park.”

But with the coming of the new visitor center, Lancaster said she believes that now is truly changing.

 

Ribbon cutting

A ribbon cutting and celebration for the new visitor center at the North Carolina entrance to the Great Smoky Mountains National Park will be held at 11 a.m. on Friday.

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