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Image 2 of Lexington Herald-Leader, June 23, 2012

Part of Lexington Herald-Leader

A2 SATURDAY, JUNE 23, 2012 FROM THE FRONT PAGE LEXINGTON HERALD-LEADER | KENTUCKY.COM HENDRICKS From Page A1 CHARLES BERTRAM| cbertram@herald-leader.com Overgrown vegetation has started to encroach on a rear entrance at the abandoned Turfland Mall on Harrodsburg Road. TURFLAND The sign outside Turfland Mall still advertises Cici’s Pizza, which closed in April. Pat Walter, one of franchisees, said the no effort was made to develop the mall, and boarded-up windows and graffiti began to proliferate. From Page A1 Pat Walter, who was the Cici’s franchisee along with his wife, Lisa, said the restaurant closed. “They weren’t doing anything to develop the mall,” he said. “You’ve got boardedup windows, and graffiti is starting to accumulate.” Graffiti and several boarded-up windows and doors could be seen Friday on the exterior of the mall, especially on the shopping center’s rear. Landscaping plants were overgrown, and litter was visible. The lawsuit alleges that Rubloff, in addition to not making payments, has allowed the property “to deteriorate into a state of substantial and material disrepair, and … continues to receive the rents from the tenants in possession.” The lawsuit says Rubloff owes $15.1 million in unpaid principal, accrued interest and late fees. That amount is accumulating interest at the rate of $2,259 a day, according to the lawsuit. The balance includes $64,650, which the bank said it advanced Rubloff in July 2011 to pay a portion of Rubloff’s property taxes but was never paid back. The bank said it also paid the 2011 property taxes of $107,543 in April. In addition to the foreclosure, the bank asks that it be named receiver to collect rent from the remaining tenants “to prevent further waste and deterioration.” In 1997, Rubloff Development of Hoffman Estates, Ill., outside Chicago, then described as a turnaround SANDUSKY From Page A1 ity that an assistant football coach and trusted community leader could have abused so many children over so many years without anyone suspecting — or acting on their suspicions — sent a chill down the nation’s spine. It also called into question the judgment of university officials who learned more than a decade ago of Sandusky’s behavior but failed to report it to police. Two former university officials, Tim Curley and Gary Schultz, were charged with perjury in the case, and a third — former Penn State President Graham Spanier — also could face charges. Sandusky’s conviction has far-reaching implications for Penn State. Many of the assaults occurred on campus property. The verdict could result in damage awards to the victims in the tens of millions of dollars. Sandusky’s defense team argued in court that he was a virtuous man who helped SCOTT SHIVE sshive@ herald-leader.com firm, bought Turfland Mall. Rubloff vice president Bob Brownson described the property as “a real vibrant mall” that needed some cosmetic improvements. The Harrodsburg Road area was sizzling at that time, with the nearby Beaumont residential development going strong and other development stretching to the Jessamine County line and beyond. Turfland, built in the late 1960s, initially was anchored by McAlpin’s — which became Dillard’s — and Mont- children through a charity he founded, and that his accusers embellished or made up stories of child sex abuse to collect generous settlements. Defense attorneys poked holes in the accusers’ testimony, noting inconsistencies and challenging how the frequency and severity of the abuse evolved over time with prodding from police and prosecutors. But jurors also heard from eight young men who were participants in Sandusky’s charity, The Second Mile. They testified that Sandusky bought them gifts and meals, took them on trips and gave them football tickets, then sexually assaulted them in locker room showers, in hotel rooms and in Sandusky’s home. Jurors heard graphic testimony from the young men about how Sandusky began with mild affection, such as bear hugs and kisses on the forehead, and progressed to more sexual contact. They said Sandusky fondled them and performed oral sex on them — and he expected them to do the same. They said he attempted anal penetration gomery Ward, which closed in 2001. In 2009, with the mall nearly empty, Rubloff said it wanted to establish Turfland Town Center, a concept that would have included offices, residences and some retail space. A sign outside the mall still advertises the development plan. Rubloff representatives could not be reached for comment Friday. The Rubloff Development Web site continues to list Turfland Mall as a Rubloff site available for leasing. Rubloff Development Group has developed more than 15 million square feet of shopping center space and owns about 40 retail properties, according to Hoovers.com, a business information Web site. The company also owns home builder Hallmark Homes, and cargo and air charter providers Rubloff Jet Express and Ryan International Airlines. Cheryl Truman: (859) 231-3202. Twitter: @CherylTruman. pension board for medical disability in May 2011. His attorney, Mark Wohlander, said Hendricks suffered from psychological issues. The application was denied in October. In March, Hendricks filed the EEOC complaint, claiming he was covered under the Americans With Disabilities Act and was entitled to a job with the city. City spokeswoman Susan Straub said at the time that the city took the Americans With Disabilities Act seriously. The city was required to comply with complex federal and state employment law as it dealt with Hendricks over the past 16 months, Straub said in a new release Friday. “There are state laws that limit our authority concerning the position of fire chief,” Straub said. “On the advice of our attorneys, we have offered him this position, and he has accepted.” Doctors have cleared Hendricks for firefighter/paramedic duty, according to a news release issued by the city. Hendricks has had a lengthy career with the Lexington fire department. He retired as a major in 1997, then became chief of the Georgetown Fire Department. Mayor Teresa Isaac bought him back as chief in 2003. One of the biggest sticking points in reaching the agreement was getting Hendricks back to work, Wohlander said. While on leave, Hendricks, 57, kept up his certifications as firefighter, emergency medical technician and paramedic. Asked whether he thought Hendricks could perform with firefighters several decades his junior, Wohlander said, “Probably, but probably several people in his department are his age. Part of the requirements of the job are regular physicals to make sure they are physically fit to stay on the streets. “He’s in great shape,” Wohlander said. Hendricks returns to the fire department with one year of seniority. He will not have to go back through certification training, but other than that, Wohlander said, he goes back to square one. The union that represents the majority of firefighters, which expressed concern with Hendricks’ leadership when Gray took office, will represent him when he takes his new job, said Chris Bartley, president of the Lexington Professional Firefighters union. The settlement states that Hendricks’ eligibility to apply for a service pension or to seek disability in the future will be based on statutes regu- Jerry Sandusky was escorted from the courthouse in handcuffs after being found guilty Friday in his child sex abuse trial at the Centre County Courthouse in Bellefonte, Pa. NABIL K. MARK MCCLATCHY-TRIBUNE with his fingers or his penis. Some were as young as 10 or 11 when the abuse began, and it continued for years. Jurors also heard from former assistant coach Mike McQueary, who testified that he witnessed Sandusky raping a boy in the shower in a campus football building in 2001. He reported the assault to head coach Joe Paterno, but Sandusky was never charged. Paterno told university officials, but they only barred Sandusky from bringing Second Mile children to campus. Neither Paterno nor McQueary followed up on the matter or took it to police. McQueary’s testimony was a sticking point for the jurors, because they did not hear from the alleged victim, who has never been identified. Testimony from McQueary’s father and a family friend might have muddied the waters. The jurors spent most of Friday morning reviewing some of that testimony. Jurors also asked for clarification over another alleged locker room shower assault in which the alleged victim did not testify, nor did the retired janitor who saw the alleged assault. That witness lives in a nursing home, and jurors heard from one of his former colleagues instead. The sequestered jurors were unaware of two additional accusers who came forward in the waning days of the trial — one of them Jerry Sandusky’s 33-year-old adopted son, Matt. The fallout of Sandusky’s arrest, trial and conviction tarnishes the reputation of a university that most people Chronology Feb. 2, 2003: Robert Hendricks was appointed Lexington fire chief by then-Mayor Teresa Isaac. Feb. 28, 2011: Hendricks was asked by Mayor Jim Gray to resign. Hendricks did not resign and filed for leave pursuant to the Family and Medical Leave Act of 1993 and later the Americans with Disabilities Act of 1990. May 11, 2011: Hendricks’ application for a disability pension, which would have been his second pension, was revealed at a board meeting of the Policemen’s and Firefighters’ Retirement Fund. Oct. 12, 2011: The pension board denied Hendricks’ application for disability after two of three doctors found that he was not “totally and permanently disabled.” Oct. 19, 2011: City officials and Hendricks’ attorney announced that Hendricks would appeal the denial of his pension. A hearing was scheduled for a Dec. 14, 2011. Nov. 1, 2011: Hendricks filed a complaint with the Equal Employment Opportunity Commission alleging disability discrimination. Dec. 14, 2011: In a letter to the city and pension board members, Hendricks withdrew his appeal to the pension board. June 21, 2012: The city announced that Hendricks would be rehired as a firefighter/paramedic. lating the pension and disability fund, not by the agreement. Hendricks was unavailable for comment. Wohlander said he was in Ashland with his father, who is hospitalized. A native of Russell, Hendricks liked to tell the story of helping his father start the volunteer fire department in that Eastern Kentucky community when he was 16 years old. Mayor Gray was not available for comment. By signing the agreement, both parties agree that the case is closed. “We really appreciate the professional way the city’s law department, the mayor and Commissioner Clay Mason helped resolve this matter,” Wohlander said. Gray named Keith Jackson, a 20-year veteran of the fire department, as interim fire chief in March 2011. The department’s overtime budget has dropped 96 percent since the 2009 budget year, when the division spent $3.25 million on overtime, according to the city’s news release. Gray said he will appoint a permanent fire chief soon. Herald-Leader reporter Josh Kegley contributed to this report. Beverly Fortune: (859) 231-3251. Twitter: @BFortune2010. considered aboveboard, said John Thelin, an education professor at the University of Kentucky and the author of books and articles on college sports scandals. “The irony is that Penn State got so much mileage out of being clean,” Thelin said. “It’s going to be a lasting toll on the institution and its self-confidence.” The impact of Sandusky’s arrest was felt immediately last fall, when the Penn State board of trustees abruptly fired both Spanier and Paterno, its beloved head football coach of 46 years. Paterno, 85, was never charged in the Sandusky case, and he never got to testify in the trial. But before he died of lung cancer in January, he said he regretted not doing more. Other college football scandals last year cost coaches their jobs, but Thelin said the Penn State scandal might have been a watershed moment. “Successful coaches are some of the most untouchable figures in American life,” he said. “I wonder if this will alter that.”

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