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Music Music Features

Local Beat

The 70 or so folks who ventured out to the Shawn Cripps benefit at The Hi-Tone CafÇ last Thursday were treated to a nice surprise: an hour-long set from The Reigning Sound, which performed after Monsieur Jeffrey Evans and The Tearjerkers. Sure, the crowd was small, but those in attendance filled the dance floor for songs like “Stormy Weather” and “You’re So Strange.” Backstage, the scene was just as jubilant, as filmmaker Mike McCarthy held court alongside Reigning Sound frontman Greg Cartwright and lead Tearjerker Jack Yarber.

“The world doesn’t know what it’s got with guys like Greg and Jack,” enthuses Greg Roberson, the Reigning Sound’s drummer. “Greg’s a star. I’m just happy to be in a band with him.”

But wait a minute. Roberson’s speaking about his band in the present tense. Didn’t the Reigning Sound break up? “I think [Cartwright] just had a moment,” Roberson says with a laugh. “‘I’m moving. I have a new baby. I have a van note.’ He decided to call it quits, but then he really missed playing.”

The facts are these: Last month, Cartwright closed Legba Records, his vinyl and CD shop, and, with wife and baby in tow, moved to Asheville, North Carolina. Now, he’s leading the band long-distance, but, Roberson explains, “it’s no big deal.”

“This is [Cartwright’s] band,” he insists. “It’s not a collaboration. He writes all the songs and picks all the covers. He does all the business too. It’s all his vision. He just lets us play. It works because everyone — Greg, me, and Jeremy [Scott, the band’s bassist] — knows the parameters. And I can put out my own records and write songs with other outlets,” he adds, citing The Shazam and Her Majesty’s Buzz, as well as songwriting partners Mark Akin and Lamar Sorrento.

It’s certain that Larry Hardy, In the Red Records owner, is also breathing a sigh of relief. He put out the Reigning Sound’s first two albums, and, on April 26th, he’s releasing their third record, Too Much Guitar. He also has the band scheduled to take part in his showcase at the South By Southwest festival in March.

“I didn’t want to shaft Larry,” Cartwright explains. He’s calling from the label’s Los Angeles office, where, in a few hours, he’s due to meet songwriting legend Jackie DeShannon, with whom he’ll collarborate on lyrics and music for an upcoming album by The Detroit Cobras, which will also be released by In the Red. “Basically, the new record was already done,” Cartwright says, “so we’re gonna get out and support it. But,” he cautions, “this is a last hurrah.”

Cartwright expects to make the nine-hour commute from Asheville to Memphis a few more times over the next few months then settle down in his new home. He’s already playing with The Labiators, an Asheville group, and, he says, “it’s beautiful up here.”

“Memphis will always be my hometown,” he adds. “It’s been such a big part of my life and my music, so it was tough to leave. I miss mundane things like street corners and the unique characters. Now I’m gonna have to see if this long-distance love affair can work out,” he says with a laugh.

Look for the Reigning Sound at the Hi-Tone CafÇ Monday, February 23rd. The gig will be a warm-up for their performance at Little Steven’s Underground Garage Live! show at Cleveland’s Beachland Ballroom, where the Reigning Sound are headlining alongside The Romantics, The Fondas, The Chesterfield Kings, and Cobra Verde.

Meanwhile, the former site of Legba Records has been rented by Cartwright’s former Oblivians bandmate Eric Friedl and Zac Ives. The two plan to open their own vinyl and CD shop, Goner Records, later this month.

“We’d been talking about doing something, and when I found out that Greg was leaving, it seemed like everything fell into place,” Ives says. While they’re starting with entirely new stock, “Greg helped us facilitate the lease, and Jeannine McLane and Carol Oswald have been helping us paint and get the space ready for business,” Ives says.

The storefront is a logical extension of Friedl’s long-running Goner Web site and mail-order business, which can be found at Goner-Records.com. His specialty — “small labels that no one could find anywhere” — will be the store’s focus, along with an emphasis on new vinyl.

Cartwright couldn’t be more pleased. “I’m so glad,” he says. “Memphis is big enough for a few record stores. At Legba, we’d developed a good clientele by helping customers search for particular records, and, if anything, Eric is even better at that than me. He can turn people on to new things and guide them to different sounds. That’s a true talent, and he does it better than anyone. This is an exciting opportunity for Memphis music fans.”

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Letters To The Editor Opinion

Postscript

You’re Welcome!

To the Editor:

Thanks for another perfect, loony, liberal, lefty edition after the primary (“Primary Colors,” February 5th issue). A total screaming success from cover to cover. One big, huge, anti-Bush rant. Just what we’d expect from the Flyer.

But please assign someone to keep tabs on your man Jackson Baker. After spending time in the same small room with two super-intelligent, glib, and handsome lefties like Kerry and Ford, Baker could be forgiven for orgasming himself into some mental fantasies, but Kerry the “Democratic nominee and likely president”? Somebody give the boy a white-wine spritzer and a time-out from the dance floor.

Mike Crone

Piperton, Tennessee

It’s All About Tim

To the Editor:

It truly amazes me when a columnist whose main subject matter is the local club scene thinks he has a political opinion that we should all respect. It’s like listening to your dentist tell you how to vote! Tim Sampson’s latest drivel (We Recommend, February 12th issue) states that he “would rather have [his] tongue bitten out by Charles Manson” than watch an interview with George Bush. Sampson then brilliantly adds that he would vote for Charles Manson if he were the Democratic nominee this fall.

I truly hope that he is in the smallest minority. Brave people, including the president, are only trying to protect us, including Sampson’s wimp-ass. He can call people “liars,” but he doesn’t know the truth.

He can foolishly place his safety in the hands of the United Nations, which had 12 years to protect us and instead gave us 9/11. However, the rest of us are glad that someone stronger than Sampson is standing up against the evil ones who would do us harm. Sampson can take sides with Saddam Hussein, Osama bin Laden, and other terrorists around the world and vote for Manson or John Kerry, but my vote will be for George Bush, the man whom they most fear.

Rick Sneed

Bartlett

Gigantic Hypocrite?

To the Editor:

Martin Aussenberg’s letter (February 12th issue) referring to John Kerry as “either terribly confused or a gigantic hypocrite” boggles the mind. Every veteran, especially from Vietnam, should be deeply offended at this smear. It brings to mind the way veterans were treated in this country upon returning from that horrible war.

As for the assertion that Kerry should have been a conscientious objector, Aussenberg seems to have missed the fact that Kerry protested the war after returning. Apparently, Aussenberg is either confused about what he read or he didn’t read past the first paragraph of Keith English’s letter. Let’s just hope he doesn’t have to take one of Dubya’s precious standardized reading-comprehension tests anytime soon.

While I did not support Kerry in the primary, I will support him if he is the nominee. While I hold the utmost respect for all veterans, I also have a lot of respect for anyone who had the nerve to protest the Vietnam War, especially if that person was actually there.

C.W. Nash

Memphis

He runs like a girl?

To the Editor:

In regard to Chris Herrington’s column about Pau Gasol (“Macho Ado About Pau,” February 12th issue): It should be noted that the Grizzlies have won a record number of games with Gasol as leading scorer and are headed for the NBA playoffs.

Gasol stays healthy, avoids steroids, speaks his second language fluently, and scores more than any of the other players on the team. Any problem that fans have with Gasol reflects badly on the fans, not Pau. Gasol shows respect for the NBA and its fans. Fans should return this respect. And if Gasol runs like a girl, maybe all the Grizzlies should run like girls.

Phillip Stephenson

Memphis

Correction: In last week’s Editorial, an incorrect offering price was quoted for GTx Inc. The offering price was $14.50, not $16 as was stated.

The Memphis Flyer encourages reader response. Send mail to: Letters to the Editor, POB 1738, Memphis, TN 38101. Or call Back Talk at 575-9405. Or send us e-mail at letters@memphisflyer.com. All responses must include name, address, and daytime phone number. Letters should be no longer than 250 words.

Categories
Film Features Film/TV

I Love You Tomorrow

There are genres of films: comedy, drama, horror, romantic comedy, etc. There are also subgenres: legal dramas, buddy comedies, monster horror as opposed to stalker horror or suspense. And then there is the genre that tailors a film to personality. Examples: the Tom Cruise romantic drama, the Jim Carrey comedy, the Kevin Costner speculatively historical Western epic, and in this case, the Adam Sandler comedy and the Drew Barrymore romance. What makes the Sandler/Barrymore combo interesting is the mix of Sandler’s tart, broad comedy with Barrymore’s natural sweetness and vulnerability. It mixed well in 1998’s The Wedding Singer and it mixes well here in 50 First Dates. But that’s chemistry. And movies require more than chemistry alone.

Sandler is Henry Roth, a marine biologist at a Hawaiian sea park. We first see him in the act of breaking up with a week-long fling just as she’s about to board a plane home. Will they ever see each other again? No, because Harry insists he’s a secret agent, soon to be incommunicado. He jumps on a passing jet-ski and vanishes from her life forever.

This scene follows a montage of lovely women (and one man) who relate to friends a wonderful, sexy man they met while vacationing in Hawaii. All seem to have gotten a different story as to why he can never see them again. He has commitment issues. Got it? Good — because after the first 20 minutes, all of this establishing-character exposition is worthless. Harry’s player-dom is never revisited, and Harry is never faced with the consequences of his fear of intimacy. Nor does he learn a lesson. You with me?

Next, Harry meets a lovely woman in a diner. She makes houses out of her waffles and she’s pretty, so of course she inspires the interest of Harry. She’s Lucy (Barrymore), an art teacher waiting until lunchtime when she and her father will ritually pick a pineapple on his birthday. Breakfast is nice, and the two agree to meet again the next morning for another breakfast. Harry shows up, but Lucy doesn’t remember the day before. Lucy never remembers the day before because a car accident has wiped out her short-term memory. Her father Marlin (Blake Clark) and brother Doug (Sean Astin) meticulously reconstruct the circumstances of that next day (it’s always Dad’s birthday!) from her choice in clothing to reprints of that day’s newspaper to rewrapping Lucy’s birthday present. (It’s a video of The Sixth Sense, and Dad and brother act surprised at the end every time.)

Harry finds a way of integrating himself into Lucy’s life, starting his courtship over every day, gaining a little more insight, information, and success each day. Soon, he suspects that keeping Lucy in the dark is the wrong way to go, and he develops a video orientation for her that explains everything that happened the previous year. This works, and gradually Harry figures out how to reduce her freak-out time so that he’ll have more of the day to woo her honestly. Imagine, going to bed with someone only to have no idea who they are when you wake up with them the next day. I hate it when that happens! (Just kidding, Mom. Even at my most incorrigible, I always have, at least, an inkling.)

The idea for this movie is more satisfying than the execution. But unlike other recent lame-o romantic comedies like Along Came Polly, this one starts poorly and actually gets better. Instead of being a genuine hybrid of the Sandler/Barrymore genre, 50 First Dates seems to start off Sandler and end up Barrymore. That’s a good thing, because she does better films than he does. In this case, the movie starts off crass and gross and grows sweeter and more thoughtful as it progresses.

But like Polly, this film has no narrative or comedic compass. A smarter film would tie in Harry’s commitment issues to Lucy’s obviously parallel memory lapses. But 50 is schlock, employing not one but two gross sidekicks (Hawaiian hippie cad Rob Schneider and a lusty, vinegar-y androgyne played by Lusia Strus) along with a needlessly lisping Astin, deplorable reaction shots from marine life, the worst projectile vomiting this side of The Exorcist, and the least funny cameo (Dan Ackroyd) since Ted Danson in Saving Private Ryan. It’s as though neither writer nor director trusted this to be a sweet fantasy and so have saddled it with limp slapstick to enliven the proceedings. By the satisfying end, however, a lot of the early rabble is forgiven, but not by much, and one wonders what this would have been like if it were a Drew Barrymore movie that only featured Adam Sandler. Oh well, maybe tomorrow…

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We Recommend We Recommend

thrusday, 19

With all due respect to Michael Moore for the many open letters to George Walker Bush he posts on his web site I think the time has come for me to write the Liar a letter myself. And Georgie, I am going to give you a break. Yes, call me crazy, but I m cutting you some slack for once. And it actually has to do with the whole scandal about you reportedly being AWOL from the National Guard, the records about which are fairly indisputable. I, for one, am not really on that bandwagon. If I had been you (wait, those words just grew hair on my head), I wouldn t have shown up for that medical examination either. You know, the incident that got you grounded from flying, even though, in your biography, you said you kept flying for a couple of years after that. Tisk, tisk, tisk lying again. One can only assume that you didn t take the physical because it was scheduled during the first month the National Guard began drug testing during the physical examinations. I m sure it was just coincidence, but the timing really wasn t on your side, huh? You know, if you were partying down with the ol Peruvian marching powder to help keep you awake so you wouldn t get another DUI, I can understand. A guy has to have some fun now and then, doesn t he? But I suspect that might not have been the reason. According to government records the ones you can t hide from the American public you did indeed have some medical checkups between 1968 and 1971, and the only health problems you had were . . . well . . . there s only one way to say it: hemorrhoids. Now, I know that must have been terribly embarrassing and you probably didn t want to go in for another probe, and I don t blame you. And you know that I have to say this: It just goes to show that as much of a pain in the ass you are now, you were a pain in the ass even back then. Just be glad you weren t in the British military, or that would have made you a Royal Pain in the Ass. But on to other things. Mr. President (see? I didn t even all you the Liar): Do you have homosexual tendencies? It s just a question. See, now that you are on this mission to implement this constitutional ban on same-sex marriage, like there aren t other, bigger fish to fry, you have to realize that many homophobic people are that way because they fear that they might be a little on the gay side themselves. A little light in the cowboy boots, in your case. And let s face it: You got Laura pregnant only once, spawning those twin daughters who abuse their Secret Service agents by screaming at them to leave them alone on their way to bars and WWF wrestling matches. Look, if you re gay, it s okay. Don t worry. You just have yourself a big time at the Daytona 500 while American soldiers including those in the National Guard are fulfilling their duty in Iraq, guarding us against all those stockpiles of weapons of mass destruction. And in closing, let me say that I feel bad about the hemorrhoid condition being on your permanent record. You ve managed to keep private most of the rest of the records. Can t you get rid of those? You claim to be a war president. Can t you do something about those hemorrhoids of ass destruction? In the meantime, have a nice day and here s a brief look at some of what s going on in Memphis this week. Tonight, Godspell opens at the U of M Main Stage for a four-night run. Tonight s Third Thursdays: Art After Dark at The Dixon at The Dixon Gallery and Gardens brought to you by the nice people at 107.5 The Pig features the film Like Water for Chocolate, along with a Spanish cooking demonstration and a Decorating on a Dime workshop. At the Cannon Center for the Performing Arts tonight, the Memphis Cancer Foundation Gala is a Mardi Gras Carnival ball fund-raiser with costume contests, Dixieland jazz, and the presentation of the Spirit of Life Awards. And tonight s Leadership Memphis Mardi Gras Dinner and Auction at the Cadre Building features fabulous food, a live and silent auction, and live music by Di Anne Price & Her Boyfriends.

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News News Feature

MAD AS HELL: Who Killed Howard Dean?

WHO KILLED HOWARD DEAN?

The television pundits are proud of their culinary work. They boiled, broiled, fried, and basted until they completed the job. Put a fork in him. Howard Dean is done.

The Democratic Party owed Governor Dean much more than their participation in the mass media mischaracterization of his message, manner and tone. Dean did not possess the charisma and persuasiveness of Bill Clinton, but he did have the matter of fact, common sense, common man intelligence of Harry Truman – just the style, manner and personality to expose the bogus and disastrous policies of George W. Bush.

Howard Dean stood up for the most basic of Democratic ideals at a time when his fellow contestants felt compelled to cater to the neo-evildoers in Washington. Just as Truman pursued a moral, dignified and intelligent way for our country, Dean recognized the destructiveness of fewer jobs, the shortsightedness of environmental degradation, the incongruity of war to achieve peace, the lack of vision and practicality in simultaneously proposing a mission to Mars with $500 billion deficits and the hypocrisy of the unfunded No Child Left Behind Act.

Dean successfully channeled the anger of millions who felt apathetic and disenfranchised. He awoke voters and gave voice to the legions who intuitively questioned the policies of the present administration. He introduced serious dialogue to an administration whose every effort has been to deceive, distract and manipulate the masses. By talking about the misguided war in Iraq, the shameful lack of jobs, the destructive obese deficits, and the massive increase of our $7 trillion national debt, he caused America to question whether George W. Bush is the right man for the job.

Before Howard Dean, Democrats were sounding like “Me too, I agree with Bush” Joe Liebermans. But when he came out swinging with his “I represent the Democratic wing of the Democratic Party”, record crowds showed up, money poured in from the common man and everyone involved began to run scared – the Republicans, the Democrats and the national media.

Governor Dean got a raw deal from his fellow Democrats; but they can be excused. They were running for office. Exploitation of trivia was in their best interest at the polls. But the media, especially the television punditry, have no excuse. Rather than giving fair treatment and attention to the message, they attacked the dignity and personality of the man. They were determined to frame Dean as one without substance despite his many personal, professional and political accomplishments..

That is why we heard about Dean’s “woodchuck” smile rather than his balanced budgets and successful healthcare policies in Vermont. That is why we got “the Judy dilemma” rather than the story of his successful 20+ years of marriage. That is why we got the “Dean scream” rather than his impressive practice as a family physician.

In 1999, after speaking to a youth group interested in politics, President Clinton opined, “I couldn’t tell them the truth, that the media runs the government.” Perhaps he should’ve warned us that the war room mantra for 2004 has been changed to “It’s the Media, stupid.”

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We Recommend We Recommend

wednesday, 18

Di Anne Price & Her Boyfriends are at Isaac Hayes tonight from 7-10 p.m. And that, as they say, is that. As always, I really don t care what you do this week, because I don t even know you, and unless you can get me the phone recording of the conversation in which Martha Stewart reportedly screamed at her broker that she was going to take her account elsewhere if he didn t get the on-hold music changed and I bet she wished she had then I m sure I don t want to meet you. Besides, it s time for me to blow this dump and see if there s a law that requires a sitting American president to undergo psychological evaluation if it becomes apparent that he is a danger to himself and society, the latter party being the only one to worry about.

T.S.

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News News Feature

CITY BEAT: Contaminated Cases

CONTAMINATED CASES?

How much does the federal indictment of Shelby County medical examiner O.C. Smith muddy the water in criminal cases in which he has previously testified?

Plenty, said Cyril Wecht, chief medical examiner in Pittsburgh and president of the American Board of Legal Medicine, who suggested that Smith “needs psychiatric counseling.”

“If he could fabricate a story like this that a Hollywood screenwriter on LSD would have difficulty coming up with, who can believe him in a courtroom?” asked Wecht.

Shelby County district attorney Bill Gibbons, for one, who said Smith’s indictment on two counts of lying to investigators and one count of unlawful possession of a bomb “has no bearing on the validity of his expert testimony in trials.”

“Let’s say a doctor has been indicted for income tax evasion,” Gibbons said. “Does that mean his expertise is suddenly all wrong? This is a very serious charge, but at the same time there is no reason to believe that it undermines the validity of his opinions as a medical expert. They are two different issues.”

Smith pleaded innocent last week and was released on his recognizance. Gibbons said he would not hesitate to use him in future trials, but the issue became moot when Smith resigned.

Between those two extremes, attorneys and medical examiners contacted by the Flyer expressed varying opinions about the impact of the Smith indictment.

“From my experience, it is going to be very hard to open up cases that are already closed just because of his present trouble,” said Dr. Michael Baden, former medical examiner for New York City. “In cases where the issue is who-done-it, it is a police investigation. But if there is a case where the cause of death is either a police choke hold or a cocaine overdose, that is where his testimony could be impaired.”

Former federal prosecutor Hickman Ewing Jr. said most prosecutors would probably try to work around Smith.

“I would think a prosecutor would be hesitant to call him as a witness,” said Ewing. “Let’s say it goes to trial and he is acquitted. I would think the state on past cases could defend that. But is there potential for affecting a lot of cases? Probably so, yes.”

Defense attorney Leslie Ballin does not expect a rush to the courthouse to appeal cases in which Smith testified:

“The only way a defense lawyer can use Smith’s problems in a homicide case is to ask Dr. Smith, `Did you do what you are accused of?’ Then he can either take the Fifth Amendment, say yes, or say no. The next question is what happens if Dr. Smith is convicted later? Then there might be cause for appeal on a case-by-case basis. But in 99 percent of homicides, the question is either who-done-it or the degree of homicide. Very rarely is the cause of death in question. So I don’t see appeals or overrules as automatic.”

Even if contested forensic testimony is rare, Smith could have given a lot of it simply by virtue of his longevity. He started working in the medical examiner’s office in 1978 and was named chief medical examiner in 2000. In the last three years, he worked on several high-profile cases where the bizarre circumstances of his “attack” could well prompt a fresh look at theories once seen as unlikely or even crackpot. He gave post-conviction testimony that helped keep convicted cop killer Philip Workman on death row. He conducted the autopsy on Harvard microbiologist Dr. Don Wiley, who apparently leaped or fell to his death from the Hernando DeSoto Bridge in 2001. And he also did the autopsy on Katherine Smith, the driver’s license examiner who burned to death in her car in 2002 shortly before she was due to attend a court hearing on charges that she helped five Middle Eastern men from New York City get fake licenses.

Wiley’s death two months after the 9/11 terrorist attacks drew international attention because he was an expert on dangerous viruses including anthrax, smallpox, Ebola, and AIDS. His body was found in the river 320 miles south of Memphis 35 days after his disappearance. Smith ruled Wiley’s death an accidental fall from the bridge after Wiley stopped on the bridge, got out to look at his rental car, became dizzy due to alcohol or a seizure, and was jarred by a gust of wind from a passing truck.

A month later, in February 2002, Smith was called upon to identify the charred body of Katherine Smith, who authorities said doused herself with gasoline and crashed her own car. On March 13, 2002, two Molotov cocktails and a homemade bomb were found in an exterior stairwell at the Regional Forensic Center where O.C. Smith worked.

James Cavanaugh, the chief investigator for the Bureau of Alcohol Tobacco and Firearms on the O.C. Smith case, told the Flyer last year, “There is no connection to the driver’s license testing case. We know all about that.”

The Workman case, however, is related to Smith’s alleged staged barbed-wire-and-bomb attack. The indictment includes a recap of Smith’s January 2001 testimony at a Workman clemency hearing in which he supported the autopsy and ballistics conclusions of the previous medical examiner. Two months later, a series of anonymous letters vowed to “fight against the doctor-killer abortionists” and “destroy the liar” O.C. Smith.

The Workman case has become an indicator of feelings about Smith even though he did not testify at Workman’s 1981 trial. Prosecutors who think Workman is guilty tend to defend Smith. Lawyers and death-penalty opponents who think Workman was wrongly convicted see Smith as an extreme example of the flaws in the “machinery of death.”

Gibbons and Wecht, who represent the two polar positions, both have a personal interest in the case.

Although he says he has never met Smith, Wecht testified as an expert witness for Workman’s defense and stated this his gun could not have killed police officer Ronald Oliver. Ballistics evidence, along with a shaky eyewitness, were key parts of the prosecution’s case.

Gibbons is married to Julia Gibbons, a federal judge on the U.S. Court of Appeals. Julia Gibbons presided over habeas corpus hearings for Workman and issued a 91-page ruling in 1996 that denied him a new trial.

The connections are fascinating, but the questions nobody has answered so far are how and why Smith allegedly attacked himself. Did he have an accomplice, and do investigators have a secret witness from inside Smith’s former office?

Beyond the connection to the Workman case, the indictment doesn’t say. The two counts of lying with which Smith is charged seem to refer to a discrepancy in his story about the time that the “attack” occurred. Smith twice told investigators he was attacked shortly after 10 p.m. on June 1, 2002. But a security guard who noticed Smith’s truck outside the office at 11:30 p.m. saw nothing unusual. Another security officer found Smith wrapped in barbed wire with a bomb around his neck at 12:29 a.m.

U.S. attorney Bud Cummins of Little Rock, who took the case after U.S. attorney Terry Harris of Memphis recused himself, said he could not discuss the case with the Flyer.

“We only have to prove beyond a reasonable doubt that it couldn’t have happened the way Dr. Smith said it happened,” said Cummins. “We may not answer some of those questions at the end of the day.”

In a final paradox, authorities said at least 17 agencies responded to the “attack,” and the agents who removed the bomb from Smith exposed themselves to grave danger. At a time when the country is on terror alert, the public was led to believe that a mad bomber was on the loose. For more than a year, Smith’s version was the officially accepted one, and the Flyer was the only media outlet to question it in print.

Yet when Smith was arraigned last week, he was allowed to go free on his own recognizance without posting a bond. His attorneys said his attacker is still out there.

Categories
News News Feature

GOVERNOR’S PROPOSED TENNCARE SOLUTION

SAVING TENNCARE

Governor Phil Bredesen

to a Joint Session of the Tennessee General Assembly

FEBRUARY 17, 2004

Governor Wilder, Speaker Naifeh, members of the 103rd General Assembly, friends, guests, and my fellow Tennesseans: I stand before you tonight, as I promised, to propose a course of action in response to a clear danger — to the clear danger — to our state and its future: the unchecked growth of spending on our TennCare program.

The Tennessee General Assembly is gathered here tonight. I want to recognize that so too are TennCare members, advocates for these members, advocates for specific health care businesses, providers, and just plain Tennesseans who care about the future of our state. I call on each of you tonight — lay aside your hardened positions — open your minds to what we have to do. Tonight is TennCare’s last chance.

This has been a difficult issue for me personally. On one hand, I want to help people. On the other hand, I know in my heart that we have to act. What I am presenting tonight is my best effort to reconcile those two conflicting obligations — a conflict I think we all feel: the obligation to help those less fortunate, and the obligation of responsible adults to act in the real world in all its imperfection.

I want to begin with a story, the story of the biggest house in the neighborhood.

Once upon a time there was a family, with a mother and a father, and a son and a daughter. They were a fine, loving family, and some years before the time of our story, they had stretched to buy a great big, expensive house — the biggest house in the neighborhood. It had everything they dreamed of; a pool, game rooms, enormous yard, bathrooms for everyone with some left over.

Every month, when it came time to pay the bills, mom paid the mortgage, the property taxes, mom paid the heat, and light, and repairs on their huge house. And each month when she got done, there was practically nothing left for anything else.

They talked about family vacations, but they never could actually go, there wasn’t any money left after paying the house bills. The son and the daughter dreamt of someday going to college. But it wasn’t likely, they were saving nothing for college. Just keeping up the biggest house in the neighborhood was taking it all.

I want to break this story here, as I’m sure it is obvious where I’m going: TennCare is just like that great big house; it’s got everything, it’s well-intentioned, but we can’t afford it, we’re in over our heads, and scrambling to keep up with the bills means we starve to death other things that in the end are equally important — like education.

Let me put this in perspective. The total cost of the pharmacy benefit alone in TennCare has become greater than the total cost of Tennessee’s higher education system. Just two drugs in TennCare — Zyprexa and Zocor — cost our state more than we appropriate to run the University of Tennessee medical school. That’s a fire bell in the night. Something is wrong.

I’m here tonight to ask you to do the same thing that we did together last year: to apply the commonsense principles of a family budget, this time to TennCare. Figure out how much we want to spend on this important program, balance it with other needs in our state, and then spend that much and no more.

To begin that process, last summer, I asked McKinsey & Company, a respected international consulting firm, to evaluate the long term costs of the program as it is currently organized. They brought to this analysis both their expertise and their independence: they are not providers, they’re not politicians, they’re not advocates for any group except the State of Tennessee. They presented the first part of their report in December, you have seen it, and there are two specific things I would like you to recall tonight.

First, even with the reforms currently underway, TennCare as it is currently structured will eat 91% of all the new dollars from growth in 2008. That means backsliding on all our other priorities, and is obviously unacceptable.

Second, TennCare’s financial problems are structural; we cannot fix it by tinkering around the edges — this is not about catching fraud here and tightening up management there. There are clearly problems with execution, with the management structure of the program, and we need to and will fix them. But we need to face the basic facts: too many people with too many benefits for the money we have. Something has to give.

Without significant, structural reform of TennCare, we’ll be unable to invest — we’ll be unable to even keep up — in education, in job creation, in areas that are critical to our future and our children’s future.

All great enterprises start with the heart, are powered by the heart. TennCare was and is a wonderful dream. Hundreds of thousands of Tennesseans today have health insurance who in other states would have none. Every single one of those Tennessee families with health insurance is a victory, and makes our struggle worthwhile.

I want to save TennCare, not dismantle it. All great enterprises are powered by the heart, but are steered by the head. It’s time to do some steering, and my purpose here tonight is not to kill TennCare but to tell you what we have to do to save it.

To the TennCare enrollees listening, let me assure you that changes will be orderly and will be well-communicated; no one needs to worry about anything happening overnight.

Before I get to specifics, I want to ask each of you to change the way you view TennCare. We’ve let go of the reins of TennCare in a way we have nowhere else in our state government. We’ve accepted a world in which doctors and hospitals and advocates decide what is needed, however expensive it is, however little it offers over less expensive alternatives. In that world, the role of the governor and the legislature and the people of Tennessee is to simply somehow come up with whatever it takes to pay the bills.

I reject that view. When we abandon our responsibility to manage costs — when we pay for everything and anything — we encourage an inefficient and unfair system.

Imagine that you are shopping at the grocery store. You walk up and down the aisles with an employee of the store, who recommends selections to you. Everything on the shelves is available, as much of it as you want, nothing is off limits. When you come to the checkout, you’re rung up, you never see the total, you never open your wallet — the bill is just sent to someone else who pays it for you. You’d spend a lot more than you do right now, and that is the way TennCare works today.

To save TennCare, we need to take the reins back. To establish that we are going to do more than just pay the bills, that we are going to decide how much and for what we are going to pay. To stop being just a payor, just a checkbook, and to become a purchaser.

Here’s how we save TennCare.

To describe what is inevitably a complex plan, I’ve organized it under four principles: first, we will fix the problem, and not pass it off to someone else; second, we will protect children, pregnant women, and the disabled; third, we will work to eliminate fraud and abuse; and fourth, we will change our benefit package to one that we can afford.

First, fix the problem and not pass it off to someone else. The system we have is both expensive and inefficient. We need to acknowledge that and fix it.

We have to start by accepting that Washington is not going to make our problem go away. We’re all proud of Senator Frist’s position as majority leader, but there is no way in which he or anyone else in our delegation can selectively obtain for Tennessee the billions of dollars of new federal money that it would take to stop this wreck. There’s a massive federal deficit, there are no secrets in Washington, there are 49 other states struggling with the same issues.

In fact, just yesterday the New York Times underscored that federal support for Medicaid may well be cut, and if that were to occur we would need to take even more aggressive action than I’m proposing tonight. There is no painless, miracle cure for TennCare in Washington.

There are some who would have us look to a new tax, an income tax or a provider tax for example. These aren’t solutions. A new tax just takes an inefficient system and delays the day of reckoning for the year or two it takes to run through that new money. The only workable strategy is to fix the problem, not to pass it off to someone else.

The second principle — protect children, pregnant mothers, and the disabled. Children, and pregnant mothers, and the disabled are among the most vulnerable of our citizens. We need to be especially vigilant in looking out for them.

As you will see in a moment, in order to save TennCare I am asking the other enrollees, largely able-bodied adults to accept some genuine restrictions. The only thing that I’m asking of the children and disabled is that they use the least expensive prescription drug that meets their needs, to not use prescriptions when over-the-counter drugs will do fine, and to take part in a disease management program when appropriate.

The third principle — eliminate fraud and abuse.

We’re far too easy to get along with. TennCare’s financial problems are structural, and even if we achieved the impossible and completely eliminated abuse that would not save TennCare. But as a matter of fairness, as a matter of good business management, and as a matter of directing the services we have available to those who most need them, we need a whole different level of attention to this problem.

When someone has lied to get in the system, yes, we need to take them off the rolls, we also need to try to recover the money they have in effect stolen from the taxpayers. When someone abuses the system, there need to be legal and financial consequences beyond just saying “don’t do it again.”

I know that a number of you in this chamber tonight have been concerned over the years about this issue of fraud and abuse. I’m asking you tonight for your support to remove the fraud and abuse unit from TennCare, to set it up as a separate unit in state government, and to give it the authority and autonomy it needs to actively go after fraud and abuse, to recover money that has been stolen from the program, and to refer to the district attorneys the cases that warrant criminal prosecution.

I want this to be a law enforcement unit, not a bureaucratic one, with law enforcement attitudes and tools, and law enforcement accountability to me and to the general assembly for results.

Now, fourth, to the heart of the matter — a system of benefits we can afford.

I learned in the private sector that the cost of health care is the product of three things: the number of people being served, the price we pay for each item, and the benefit package that we offer.

With regard to the first element — the number of people served — I am committed to try to keep people who genuinely qualify on the rolls — to save TennCare rather than just cut the enrollment. I believe it is more sensible to provide some benefits to everyone than to have the platinum plan for some and nothing for the rest. We always have the option to reduce TennCare enrollment as a fallback position in the future. For now, I want to try to keep people enrolled.

The second element — the price we pay for each item — has limited scope as well. We need to keep pushing on pharmaceuticals, there remain real opportunities to reduce prices there. But in other areas we have already pushed pretty hard. For example, we have frozen what we pay providers — doctors, hospitals and others — to the point where some are dropping out of the system or having financial difficulties. For these providers, we are going to have to make some modest increases in our payments in the years ahead.

That leads our focus to the third item — the benefit package — what is provided and how much of it is used — as the place we have to concentrate.

My goal is to, for the next five years, stabilize the expenditures for TennCare at the current proportion of state revenues; to not let those expenses rise by the ten percentage points over that period that McKinsey has projected. In effect, that means that we allow TennCare costs to rise at no greater rate than our state tax revenues do.

To achieve this, we need to reduce the projected state spending on TennCare five years from now by $1.0 billion in that fifth year; in other words, to spend about $2.8 billion in that year instead of the currently projected $3.8 billion. We need to make proportional reductions in each year leading up to that. That represents an extra $ 1 billion in that year alone that we can invest in education, in jobs, in our employees.

We need to make three changes to achieve such a reduction:

First, we need to tailor the benefit package to the real and fair needs of the various groups included in TennCare. It makes no sense to offer the same benefits to a 5 year-old child, to that child’s mother, to a 75 year-old Medicare person, to a mentally ill or a developmentally disabled Tennessean, but that is what we do.

To make the benefits more rational, I propose for the largely able-bodied adults — not for children or pregnant women or the disabled — for able-bodied adults to place reasonable limitations on what we will pay for.

Today, we pay without limits. We have one of the richest benefit packages in the nation; an unlimited number of prescriptions, an unlimited number of doctor visits, an unlimited number of emergency room visits, an unlimited number of hospital days. This has to change. For the largely able-bodied adults — we propose to pay for up to six prescriptions a month, for up to 45 hospital days in a year, for up to eight outpatient visits a year, up to ten physician visits a year, up to ten occasions of lab and x-ray a year.

I’ll be straightforward with you; these are real changes in what we will pay for. But setting these reasonable limitations won’t result in significant cost shifting to providers, and will move us into the mainstream of benefits in other states; not the lowest, not the highest.

Second, I’m proposing to establish for all TennCare members a far stronger pharmaceutical formulary. We should allow only generic drugs where they are available, and should pay for only the price of the lowest cost drug that meets the needs of the patient. If someone wants another drug that they saw on television or that a friend recommended, we will contribute toward their purchase the amount of the lowest price drug, but they have to make up the difference.

In addition, I am proposing that we stop paying for two drug categories where there are completely adequate first line over-the-counter alternatives: antihistamines and gastric acid drugs. All of the functionality of the prescription drugs in these two groups is available over-the-counter. These two groups of drugs are 12% of all TennCare prescriptions, or $280 million this year. I am asking people to purchase these the same way they do vitamins or cough syrup; off the shelf in their local pharmacy.

Third, we need to establish a system of cost-sharing for TennCare services. It is appropriate to continue to provide services for free to children, pregnant mothers and to the disabled. But for an able-bodied adult, things shouldn’t be completely free, everyone needs to pay a little something.

This cost sharing is a complex issue, with a great many details being worked out with the federal regulators. The structure I’m aiming for is a tiered one: for children, pregnant women and the disabled there would be no copays. For other Medicaid eligible persons, I want a structure that is affordable but asks them to share in the cost. For the expansion population — the uninsured and uninsurable — I want to further extend the system of cost sharing to mirror what a state employee is asked to do.

You have doubtless noticed that there is considerable focus on the prescription drug benefit in these changes; for example, paying for only the least expensive alternatives for everyone, and for able-bodied adults limitations on the total number of prescriptions and the requirement to pay a portion of the cost.

These measures are necessary because of how far we have allowed this to spin out of control: in the United States, the average number of prescriptions for each person each year is 10 , in the south it is 11 , in TennCare it is 30.

A few minutes ago I mentioned that our state spends more on two drugs — Zyprexa and Zocor — than it does to run the UT Medical School. To add insult to injury, consider that both drugs have vastly less expensive alternatives.

For example, just last November, in the Journal of the American Medical Association, there was a research paper describing an alternative combination to Zyprexa that resulted in the same effectiveness for the patient. The cost of Zyprexa to TennCare is $5.47 per pill. The cost of the equally effective alternative combination is 33 cents. Patients take one to four pills a day for life.

In the months ahead, we’re all going to experience unprecedented political pressure. There is a lot of money at stake here for the corporations that sell these drugs, and you can expect advertisements, you can expect a whole herd of lobbyists inviting you to backroom meetings, you can expect so-called grass root efforts. I ask you in the General Assembly to stay focused on what we have to do, and in particular to not pass any legislation that ties our hands in dealing with this critical issue.

There are many fine pharmaceutical companies with many fine products, but we need to retain the control of what we purchase in our own hands, and make our decisions based on the research and not the advertising and lobbying.

Finally, I’m proposing a comprehensive disease management program for TennCare.

In addition to generally healthy children and adults, TennCare serves a small number of people who represent a large part of the cost. These are those with chronic diseases — diabetes, coronary disease, and the like. Just 15% of TennCare members represent 75% of the costs. A careful focus on these disease categories is essential to controlling costs, and will yield real benefits in the quality of care as well.

This is not something that will have an immediate effect on costs — it takes time and work to put into place — but is essential in the longer run. To effectively address the range of cost issues, we need some strategies that will have an immediate effect, such as benefit changes, and we also need strategies such as disease management that will keep help sustain our effort over the years.

As we put these benefit changes in place, we also need to provide safety nets. I am proposing two of them.

First, there will be people from time to time who need some medical service but simply cannot pay. For emergencies, of course a person always can go to the nearest emergency room, and receive attention as a matter of law. For non-emergency circumstances, we’re proposing to provide some funds to selected safety net hospitals with associated medical groups around our state, and those hospitals will accept the responsibility to provide care without cost sharing.

It is not as convenient for a beneficiary as using a private doctor or local hospital or pharmacy, but it ensures that no one is ever denied care because of the inability to pay.

Second, there will be circumstances where we should consider making some additional funds available. There may be a prescription drug, for example, that we have elected not to pay for, but is desired because of a person’s special circumstances. I’m proposing to set up committees of providers and others, with a specific budget to spend, to whom requests can be made by the participant and their physician for services outside the scope of the TennCare benefit package.

This is not an open checkbook, these groups will have a specified budget and when that is gone it is gone. But any new boot is going to pinch here and there, and this is a way to make sure that when it does, we have a way to relieve some of it.

I’ve proposed some major, structural changes in TennCare tonight. These have been very carefully thought through with a lot of help and input, but I am certainly not asserting that they are perfect. As with any strategy, we will have hit some bullseyes, and in other places we’ll be off the mark.

TennCare badly needs an ongoing review process that can correct and tune as it goes. I propose to appoint a commission, comprising providers, advocates, and experienced business executives with the charge to annually review the benefits, the enrollment, the costs, and the performance of TennCare, and to make recommendations for its improvement.

This is a commission of experts, not a political commission. It will have a budget that allows it to hire expert assistance, will have access to all TennCare data and will be independent of TennCare. Their charge will be this: the legislature has set overall financial limits on how much we spend on TennCare. First, do we need to make any changes to stay within those limits? Second, what changes do we need to make to better tailor the dollars we are spending to the needs of the patients we serve?

I’ve described to you how we can save TennCare. An independent fraud unit, tailoring our benefits to the needs of different groups, requiring the use of less expensive drugs, instituting cost sharing for able-bodied adults, some safety nets, and an annual review process. There are approvals to obtain, and no doubt fights to fight, but if we are successful we can save the program.

I want to do more than save it. I want TennCare to become the model of how to provide excellent health care at a cost that we can afford. I want people in every other state to look to Tennessee for how to do this right.

To do this we need to turn it into a well-oiled machine. Imagine a system where each person has a single electronic medical record, which they take from place to place. Imagine a system where our best doctors establish standards of practice, and we have the technology so that when a practitioner does something that he learned in medical school but is no longer the preferred way, it is flagged and he is referred to the research. Or when she forgets something that we now think is needed for the best care, she is reminded.

This is the frontier in health care.

This might be an impossible dream, except for the fact that we already have right here in Tennessee the national leader in the field of medical informatics — Vanderbilt University Medical School. While we are at work saving TennCare, I’d also like to start building some of the foundations to turn it into a model for other states. I’d propose to start with one of our large providers — the Med in Memphis — and working with Vanderbilt and our own medical schools pioneer a real 21st century approach there. When it is successful, we can begin expanding it to other providers.

When I began my time as governor, TennCare was in shambles; my dream is that when I end it TennCare will be a model for America.

Our entire Washington delegation has been supportive of our efforts to fix TennCare. I want to specifically acknowledge the generous help that Senator Frist has given to these efforts. Senator Frist has stepped forward to help in the best spirit of putting Tennessee’s needs ahead of politics. Senator, I thank you for what you have done, and ask your continued help in the next few critical months.

I also want to say how much I appreciate the way so many physicians, nurses and other providers have stuck with TennCare through all its missteps and problems. I want providers to be partners in our efforts over the years to continue to improve this vital program, and I ask your help tonight.

I want to speak directly for a moment to the advocates in our community and elsewhere who concern themselves with TennCare. I am not your enemy in this; you and I want to accomplish the same things. There has been a lot of positioning on your part these last few weeks against changes in TennCare, and I am very respectful of the power you have to slow things in the courts, to engage TennCare beneficiaries politically, to speak against what we have to do.

I’m inviting you into this process; I’m asking you to join with us. We will get a better result with your involvement and expertise. But I also want you to know that I am completely committed to balancing this program with Tennessee’s other needs. Many of the very same people who benefit from TennCare have even greater amounts to gain from investments in education. I want to heal the wounds, but only one-third of all we spend on TennCare is mandatory benefits and enrollment, and if we are forced to amputate a limb to save the patient, we will do so. I’m asking you to help me work on a humane alternative.

This is not a political issue for me; it’s not about finding some least common denominator that we can all agree on. It is at the heart of what I think leadership is; define the problem, take hold of the rudder and steer the ship where it needs to go, without hesitation, without fear, and above all with the best interests of her passengers in your heart.

I began this evening with the story of the biggest house in the neighborhood, and I want to return there now.

You will remember that our family had bought the biggest house in the neighborhood with the best of intentions. But paying the bills took all of their money, with nothing left for other important things in life.

Luckily, they were a smart family, and we return to them one night after dinner as they sat down at the table and took stock.

“We’re in over our heads,” the father said.

“This house owns us,” the mother said.

“I love my big bathroom of my own,” said the sister, “But I really wouldn’t mind sharing with my brother. That’s not something important.”

“And I love the pool,” said the brother, “But to be honest I’d just as soon have my friends over to the den like everyone else does.”

So they sold the biggest house in the neighborhood, and bought a wonderful but a bit smaller home not too far away, in another nice neighborhood. In the years after that they took family vacations they remembered all their lives. Both the brother and the sister got first-class educations and went on to be successful and have families of their own.

And the later years, when the mother and father sat down together after the grandkids had gone home, they would often tell each other how the most important thing they ever did as a family was to get rid of that old white elephant house and to get balance back into their lives.

And they all lived happily ever after.

Two weeks ago, I was here in this same chamber, and spoke with you about the vision and energy of Tennessee, about how we have always had the ability to chart our own course, about how we’ve always reached to the frontier.

Tonight, I’ve put forth a set of proposals that will let us move out of that oversize house into very respectable and sensible home. I’ve put forth a set of proposals that will let us share Tennessee’s wealth among the things that count; education, and creating jobs, and yes, in its proper place, health care for those who need it.

Some of these changes are administrative, and we can do with a pen. Others will require the work of the General Assembly. Right here and now I ask you for your support.

To the General Assembly, to the advocates, to TennCare members, I ask you to respond as Tennesseans always have when challenged: with vision, with energy, with courage, and most of all with common sense. Together we’re going to save TennCare and together Tennessee will once again pioneer the way for others. Thank you.

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tuesday, 17

Uh oh, the Memphis Grizzlies take on the Dallas Mavericks tonight at The Pyramid. Let s trounce them again. This evening s Music After Hours: Women in Jazz concert at Calvary Episcopal Church features Teresa Pate. As part of Black History Month, there s a screening of February One tonight at the Malco Paradiso, the documentary about the Greensboro sit-ins; includes discussions with producer Rebecca Cerese. And Mayberry RFD is at the Blue Monkey Midtown.

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News

ON GUARD — OR AWOL?

(This is an updated and expanded version of a story which first appeared in this space last week.)

Two members of the Air National Guard unit that President George W. Bush allegedly served with as a young Guard flyer in 1972 had been told to expect him late in that year and were on the lookout for him. He never showed, however; of that both Bob Mintz and Paul Bishop are certain.

The question of Bush’s presence in 1972 at Dannelly Air National Guard base in Montgomery, Alabama — or the lack of it — has become an issue in the 2004 presidential campaign. And that issue, which picked up steam last week, continues to rage.

Recalls Memphian Mintz, now 62: “I remember that I heard someone was coming to drill with us from Texas. And it was implied that it was somebody with political influence. I was a young bachelor then. I was looking for somebody to prowl around with.” But, says Mintz, that “somebody” — better known to the world now as the president of the United States — never showed up at Dannelly in 1972. Nor in 1973, nor at any time that Mintz, a FedEx pilot now and an Eastern Airlines pilot then, when he was a reserve first lieutenant at Dannelly, can remember.

“And I was looking for him,” repeated Mintz, who said that he assumed that Bush “changed his mind and went somewhere else” to do his substitute drill. It was not “somewhere else,” however, but the 187th Air National Guard Tactical squadron at Dannelly to which the young Texas flyer had requested transfer from his regular Texas unit — the reason being Bush’s wish to work in Alabama on the ultimately unsuccessful U.S. Senate campaign of family friend Winton “Red” Blount.

It is the 187th, Mintz’s unit, which was cited, during the 2000 presidential campaign, as the place where Bush completed his military obligation. And it is the 187th that the White House continues to contend that Bush belonged to — as recently as last week, when presidential spokesman Scott McClellan released payroll records and, later, evidence suggesting that Bush’s dental records might be on file at Dannelly.

Late last weekend, the White House even made available what it said was the entirety of Bush’s service record. Even so, the mystery of the young lieutenant’s whereabouts in late 1972 remains.

“THERE’S NO WAY WE WOULDN’T HAVE NOTICED a strange rooster in the henhouse, especially since we were looking for him,” insists Mintz, who has begun poring over such documents relating to the matter as are now making their way around the Internet. One of these is a piece of correspondence addressed to the 187th’s commanding officer, then Lt. Col. William Turnipseed, concerning Bush’s redeployment.

Mintz remembers a good deal of base scuttlebutt at the time about the letter, which clearly identifies Bush as the transferring party. “It couldn’t be anybody else. No one ever did that again, as far as I know.” In any case, he is certain that nobody else in that time frame, 1972-73, requested such a transfer into Dannelly.

Mintz, who at one time was a registered Republican and in recent years has cast votes in presidential elections for independent Ross Perot and Democrat Al Gore, confesses to “a negative reaction” to what he sees as out-and-out dissembling on President Bush’s part. “You don’t do that as an officer, you don’t do that as a pilot, you don’t do it as an important person, and you don’t do it as a citizen. This guy’s got a lot of nerve.”

Though some accounts reckon the total personnel component of the 187th as consisting of several hundred, the actual flying squadron — that to which Bush was reassigned — numbered only “25 to 30 pilots,” Mintz said. “There’s no doubt. I would have heard of him, seen him, whatever.”

Even if Bush, who was trained on a slightly different aircraft than the F4 Phantom jets flown by the squadron, opted not to fly with the unit, he would have had to encounter the rest of the flying personnel at some point, in non-flying formations or drills. “And if he did any flying at all, on whatever kind of craft, that would have involved a great number of supportive personnel. It takes a lot of people to get a plane into the air. But nobody I can think of remembers him.

“I talked to one of my buddies the other day and asked if he could remember Bush at drill at any time, and he said, ‘Naw, ol’ George wasn’t there. And he wasn’t at the Pit, either.’”

The “Pit” was The Snake Pit, a nearby bistro where the squadron’s pilots would gather for frequent after-hours revelry. And the buddy was Bishop, then a lieutenant at Dannelly and now a pilot for Kalitta, a charter airline that in recent months has been flying war materiel into the Iraq Theater of Operations

“I never saw hide nor hair of Mr. Bush,” confirms Bishop. . “In fact,” he quips, mindful of the current political frame of reference, “I saw more of Al Sharpton at the base than I did of George W. Bush.”

IN AIR NATIONAL GUARD CIRCLES, BISHOP, who now lives in Goldsboro, N.C., is something of a legendary figure. Known to his mates as “Papa Whiskey” (for “P.W.”) Bishop, he is a veteran of Gulf War I, a conflict in which he was the ranking reservist. During the current conflict, on behalf of Kalitta, Bishop has flown frequent supply missions into military facilities at Kuwait…

Some years ago, he flew a Kalitta aircraft, painted over with Air Force One markings, in the movie Air Force One starring Harrison Ford. Bishop did the rolls, tumbles, and other stunt maneuvers that looked in the movie like stressful motions afflicting the hijacked and embattled plane.

Bishop voted for Bush in 2000 and believes that the Iraq war has served some useful purposes — citing, as the White House does, disarmament actions since pursued by Libyan president Moammar Khadaffi — but he is disgruntled both about aspects of the war and about what he sees as Bush’s lack of truthfulness about his military record.

“I think a commander-in-chief who sends his men off to war ought to be a veteran who has seen the sting of battle,” Bishop says. “In Iraq: we have a bunch of great soldiers, but they are not policemen. I don’t think he [the president] was well advised; right now it’s costing us an American life a day. I’m not a peacenik, but what really bothers me is that of the 500 or so that we’ve lost almost 80 of them were reservists. We’ve got an over-extended Guard and reserve.”

Part of the problem, Bishop thinks, is a disconnect resulting from the president’s own inexperience with combat operations. And he is well beyond annoyed at the White House’s persistent claims that Bush did indeed serve time at Dannelly. Bishop didn’t pay much attention to the claim when candidate Bush first offered it in 2000. But he did after the second Iraq war started and the issue came front and center.

“It bothered me that he wouldn’t ‘fess up and say, Okay, guys, I cut out when the rest of you did your time. He shouldn’t have tried to dance around the subject. I take great exception to that. I spent 39 years defending my country.”

Like his old comrade Mintz, Bishop, now 65, was a pilot for Eastern Airlines during their reserve service in 1972 at Dannelly. Mintz then lived in Montgomery; Bishop commuted from Atlanta, a two-hour drive away. Mintz and Bishop retired from the Guard with the ranks of lieutenant colonel and colonel, respectively.

BOTH MEN KNEW JOHN “BILL” CALHOUN, the Atlanta businessman who was flight safety officer for the 187th in 1972 and who subsequently retired as a lieutenant colonel. Calhoun created something of a sensation late last week when he came forward at the apparent prompting of the administration to claim that he did in fact remember Lt. Bush, that the young officer has met with him during drill weekends, largely spending his time reading safety manuals in the 187th’s safety office.

Even in media venues sympathetic to the president, doubt was cast almost immediately on aspects of Calhoun’s statement — particularly his claim that Lt. Bush was at the 187th during spring and early summer of 1972, periods when the White House itself does not claim the young lieutenant had yet arrived at Dannelly.

Mintz and Bishop are both skeptical, as well.

“I’m not saying it wasn’t possible, but I can’t imagine Bill not introducing him around,” Mintz said. “Unless he [Bush] was an introvert back then, which I don’t think he was, he’d have spent some time out in the mainstream, in the dining hall or wherever. He’d have spent some time with us. Unless he was trying to avoid publicity. But he wasn’t well known at all then. It all seems a bit unusual.”

Bishop was even more explicit. “I’m glad he [Calhoun] remembered being with Lt. Bush and Lt. Bush’s eating sandwiches and looking at manuals. It seems a little strange that one man saw an individual, and all the rest of them did not. Because it was such a small organization. Usually, we all had lunch together.

“Maybe we’re all getting old and senile,” Bishop said with obvious sarcasm. “I don’t want to second-guess Mr. Calhoun’s memory and I would hate to impugn the integrity of a fellow officer, but I know the rest of us didn’t see Lt. Bush.” As Bishop (corroborated by Mintz) described the physical environment, the safety office where the meetings between Major Calhoun and Lt. Bush allegedly took place was on the second floor of the unit’s hangar, a relatively small structure itself… It was a very close-quarters situation “ It would have been “virtually impossible,” said Bishop, for an officer to go in and out of the safety office for eight hours a month several months in a row and be unseen by anybody except then Major Calhoun.

As Bishop noted, “Fighter pilots, and that’s what we were, have situational awareness. They know everything about their environment — whether it’s an enemy plane creeping up or a stranger in their hangar.”

In any case, said Bishop, “If what he [Calhoun] says is true, there would be documentation of the fact in point summaries and pay documents.”

AND THAT’S ANOTHER MYSTERY.

Yet another veteran of the 187th is Wayne Rambo of Montgomery, who as a lieutenant served as the unit’s chief administrative until April of 1972. That was a few months prior to Bush’s alleged service, which Rambo, who continued to drill with the 187th, also cannot remember.

Rambo was, however, able to shed some light on the Guard practice, then and now, of assigning annual service “points” to members, based on their record of attendance and participation. The bare minimum number is 50, and reservists meeting standard are said to have had “a good year,” Rambo said. Less than that amount to an “unsatisfactory” year — one calling for penalties assessed against the reservist’ retirement fund and, more immediately, for disciplinary or other corrective action. Such deficits can be written off only on the basis of a “commander’s call,” Rambo said — and only then because of certifiable illness or some other clearly plausible reason.

“The 50-point minimum has always been taken very seriously, especially for pilots,” says Rambo. “The reason is that it takes a lot of taxpayer money to train a pilot, and you don’t want to see it wasted.”

For whatever reason, the elusive Lt. George W. Bush was awarded 41 actual points for his service in both Texas and Alabama during 1972 — though he apparently was given 15 “gratuitous” points — presumably by his original Texas command — enough to bring him up from substandard. That would have been a decided violation of the norm, according to Rambo, who stresses that the awarding of gratuitous points was clearly meant only as a reward to reservists for meeting their bottom line

“You had to get to 50 to get the gratuitous points, which applied toward your retirement benefits,” the former chief administrative officer recalls. “If you were 49, you stayed at 49; if you were 50, you got up to 65.”

Bishop raises yet another issue about Bush’s ANG tenure — the cancellation after 1972 of the final year of his six-year obligation — ostensibly to pursue a post-graduate business degree at Yale.

That didn’t sit well with the veteran pilot. “When you accept a flying slot with the Air National Guard, you’re obligated for six years,” Bishop said. “Even if you grant him credit for that missing year in Alabama which none of us remember, he still failed to serve his full commitment. Even graduate school, for which he was supposedly released, is attended during the week usually. It wouldn’t have conflicted with drill weekends, whether he was in Connecticut or Massachusetts or wherever. There would have been no need for an early release.”

Bishop paused. “Maybe they do things differently in Texas. I don’t want to malign the commander-inc-chief, but this is an issue of duty, honor country. You must have integrity.”

BISHOP, ESPECIALLY, IS BITTER ABOUT THE FATE of Eastern Airlines, which went bankrupt during the administration of President George H.W. Bush, the current incumbent’s father. “I watched my company dissolve under his policies. They let the airline fall victim to a hostile takeover,” Bishop said. Both Bushes were “children of privilege,” unlike himself and Mintz.

“Our fathers were poor dirt farmers. We would not have been given the same considerations he and his father were,” says Bishop, who maintains that, just as the junior Bush used family and political influence to jump himself ahead of 500 other flight training applicants, the senior Bush “apparently” did something similar when he became a naval aviator during World War Two. “I applaud him for volunteering, but he should have waited his turn like everybody else.”

But, says Bishop, “At least I can give him credit for serving his country.” That is more, he suggested, than can be granted the younger Bush.

Would he consider voting for the president’s reelection? “Naw, this goes to an integrity issue. I like either [John] Kerry or [John] Edwards better.” And who would Mintz be voting for? “Not for any Texas politicians,” was the Memphian’s sardonic answer.