Gil Self - A Compassionate Judge

While we supported James Hall II in his quest to succeed retiring Lauderdale County Circuit Court Judge Mike Suttle, we certainly feel that Gilbert Self has added much to the role, especially the quality of compassion that many felt had been lacking in the office.

Now, Gil Self will face Florence attorney Janice Keeton in June as he attempts to win the Democratic nomination. How does he stack up against Keeton? Both would seem to have equal amounts of education and integrity; how should the voter choose? Since no Republicans qualified for this office, the primary will decide the winner and, perhaps, who will hold the judgeship for many years to come.

There are two fundamental differences in these opponents, one more easily quantified than the other. Gil Self has more experience in the legal realm than Keeton. If experience is all that matters to the voter, the choice would be obvious. If necessity is the mother of invention, the drive to do more and to do it better would certainly be its father.

No one can deny that the local court systems are underfunded and usually backed up. Lauderdale County has managed to hold its own until now, but every day brings new warnings of budget cuts and what the residents of this state may expect. We need someone with drive and determination to improve our court system. We believe that someone is Janice Keeton. We wholeheartedly endorse her for Lauderdale Circuit Court Judge Place 3.

*****

Yesterday's blog referenced misconceptions concerning Mrs. Keeton. Apparently these misconceptions, some perhaps more properly deemed something more sinister, also include her relationship to Christopher Rich. Keeton is not Rich's aunt as widely reported on the TimesDaily and another local forum. Rich is a first cousin once-removed to Mrs. Keeton's husband. We regret this confusion and hope this correction demonstrates even more clearly why she in no way should be held responsible for the actions of another individual.

*****

A reader has sent us a link to one other reference to the American Cancer Assistance organization. The group was chartered in Tennessee this past March. We look forward to bringing you more information about this charity in the future.


Shoalanda

Who Murdered Little Miss Sunbeam's Killer? - Part V

Judge Mike Suttle took the charges of prosecutorial misconduct in the Donald Darling murder trial so seriously that he ordered a jury trial in the matter; however, the Lauderdale District Attorney's office appealed the ruling and won. Now, Darling was to face a second trial for the murder of Wilburn May Jr.

By May 2004, Darling had been released on bond, and Lauderdale District Attorney Steve Graham had resigned. Graham's successor, then Republican Billy Jackson, knew the Darling family socially and recused his office from the second trial. Even Judge Suttle's role was questioned due to his announced support of Darling's defense attorney Chris Connolly, Jackson's Democratic opponent in the upcoming election. Suttle refused to step down and presided over Darling's second trial, now moved to Decatur.

During the trial, the defense team introduced evidence that included an alibi for Darling and accusations against one of May's ex-wives as well as a known drug associate who had not been seen since May's murder. On July 23, 2004, a Morgan County jury found Donald Wayne Darling II not guilty of the murder of Junior May. Suttle then authorized protection for the Darling family as they left the courthouse due to alleged threats from the May family. Darling himself spoke of his relief to have an unencumbered future.

What did Donald Darling do with his freedom? Less than four months later, the now 20 year-old Darling was accused of attempting to break into a condom vending machine at a Central Heights mini-mart. He pleaded innocent to the misdemeanor charge. Two years later, Darling was arrested for breaking into a convenience store to steal cigarettes; a short time later an intoxicated Darling was arrested by an observant off-duty deputy immediately after breaking into a truck in the Central community.

Do Darling's post acquittal criminal actions indicate he was in reality guilty of killing Junior May? They certainly indicate Donald Wayne Darling II placed little value on his freedom. As for who did murder Little Miss Sunbeam's killer, one of the strangest cases in Shoals crime history is still officially open.


What's up with this: Does Parker Griffith morphing from Democrat to Republican cancel out Billy Jackson changing his affiliation from Republican to Democrat?

Shoalanda

Who Murdered Little Miss Sunbeam's Killer? - Part IV

The State's case against Donald Wayne Darling II hit roadblocks from the beginning. Darling himself claimed he had bragged of murdering Wilburn May Jr. in order to impress gang members with whom he was incarcerated in Madison. The day before Jr Witt had traveled to Madison to interview Darling, the teenager had attempted to hang himself and was under the influence of powerful anti psychotic drugs during questioning. Of the items taken from Darling's home by Witt, some proved to belong to Darling's father. Prosecutors in the case failed to allow the Darling defense to inspect the items, a fact that drew the ire of Judge Mike Suttle who had been assigned to hear the capital murder case.

As the trial began, the case against Darling began to unravel even further. The defense proved May's front door was kicked down by an individual with a larger foot than the teenager's and none of the defendant's shoes matched the sole pattern as the prosecution initially claimed. The defense also produced witnesses that several individuals, including May's ex-wife, had recently threatened the murdered drug dealer.

As the trial progressed, Chris Connolly asked for a mistrial based on the possibility of prosecution witness Torry Harrison being released early for his testimony. The witness had testified previously in several other trials in return for special considerations. Also, a main point of contention in the Darling trial was the witness being allowed to wear street clothes to the proceedings (We will inject here that even those who are incarcerated should be allowed some dignity--as long as the jury was advised that the witness was currently serving time in the Colbert County Jail, his clothing should have made little difference). Further, Junior May's heavily peroxided blond daughter Nancy Stevenson testified that she believed her father had also been beaten and that his axe had been turned over to Lauderdale deputies, but was not introduced into evidence. If May had been beaten, as his daughter claimed, this was another element that clashed with Darling's initial and supposedly drug-induced confession.

After two days of deliberation, the jury announced it was deadlocked, and Judge Mike Suttle declared a mistrial. Darling was returned to the Detention Center to await a second trial, but his defense attorneys had other plans--they immediately filed charges of prosecutorial misconduct by the Lauderdale County District Attorney's office.


What's up with this: It's been reported that murder victim Hollie Newbury's calls to the Lauderdale Sheriff's Department had gone unanswered previously. If this can be proved, the ABI, which Willis has long attempted to keep at bay, should be brought in to investigate this and all previous accusations against the department.

Shoalanda

James E. Hall II Announces for Lauderdale District Judge

Florence Municipal Judge James Edwards Hall II has announced his candidacy for Lauderdale County District Judge. Many have speculated that Hall would seek the nomination for Circuit Court judge to succeed Jimmy Sandlin. Sandlin has indicated he will not seek a second term in that position.

Still early in the race, we can only speculate on others who might choose to run against Hall in the Democratic primary. Many, including us at Shoalanda, were surprised that Hall was not Gov. Bob Riley's choice to finish out the term of retiring Circuit Court Judge Mike Suttle; Hall now would appear on the road to an easy victory in the June 2010 primary.

This presents the political conundrum of Hall opposing Republican Carole Coil Medley in the fall general election. Mrs. Medley is well-liked and has acquitted herself well since Gov. Riley appointed her to the office vacated by Deborah Bell Paseur. A race between Hall and Medley would be close to call, but more to the point, the necessity for such a choice sets Lauderdale County up for a tremendous loss of talent no matter the outcome.


From our editor, commenting on Andrew Scott's recent appearance on WAFF: "I haven't seen so many inappropriate smiles since Jimmy Carter was in office."

Shoalanda

"And the Graveyards of the Rusted Automobiles"

"Honestly, I don't notice it," she said of the salvage yard. "It just doesn't bother me because it's a legitimate business." She added that what people in the city see as junk, the England brothers see as profit. - Rhea Tays Fulmer, Lauderdale District I Commissioner

While Lauderdale County Commissioner Rhea Tays Fulmer may be blinded by dollar signs, others in the Shoals have been at odds with the England brothers for the past 15 years. Brothers Nolan and Nelson (Red) England own adjoining salvage yards at the eastern entrance to Florence. The twin junk yards lie on the north side of Florence Boulevard in an unincorporated area. In other words, nothing the city fathers have to say about the businesses matters, and the Lauderdale County Commission continues to turn a blind eye, stating the regulation of such enterprises is not within its current legal domain.

When Nelson England first opened his salvage yard in 1965, the area was still considered rural, and junked autos were hardly the most unsightly adornments along U.S. Highway 72. By 1994, the Alabama Department of Transportation initiated a suit against England, claiming he had encroached on its right-of-way and was violating the Highway Beautification Act. In March of that year, England planted trees and erected fencing in an attempt to shield his business from the passing public, but the DOT declared these were also on state ROW and mowed them down while moving utility lines. In August 1994, Circuit Court Judge Larry Mack Smith gave Nelson England 60 days in which to remedy the problems.

England retained Florence attorney John Morrow to represent the salvage business, and Morrow managed to obtain delays in enforcing Smith's order. By 1996, Morrow himself became the subject of an investigation into the embezzlement of clients' funds, and the DOT lawsuit fell by the rusted and littered wayside.

At the urging of Florence City Councilman Tommy Pirkle, the Alabama DOT resurrected the suit in 2003, and Circuit Court Judge Mike Suttle imposed a second 60 day order to shield the business from public view. This time, England was represented by Harold Peck, the former partner of disbarred attorney John Morrow, who attempted to find a compromise that would amicably settle the suit.

Friends of England questioned why Paul N. Johnson was not subjected to a similar suit for his large stretch of similarly junk-ridden property. Did the City of Florence and the State DOT have it in for Nelson England personally? According to officials with the DOT, Johnson's property was classified as a construction site and did not fall within the range of their regulations. Without home rule, Lauderdale County lacked any legal footing to force Johnson to clean up his perpetual earth moving operations riddled with rusting equipment very similar to that found on England's property.

It was during this period that England learned he was entitled to sue the State DOT for the trees and fencing destroyed in the 1994 utilities move, delaying any permanent settlement yet again. Now, five more years have passed. The State of Alabama has not reimbursed Nelson England for the property it destroyed, and England has not complied with the court order to install new screening. Unfortunately, not everyone is as blind as Rhea Tays Fulmer to the gardens of broken glass and rusted metal that mark England Salvage--just as Steve Goodman had it pictured.

What's up with this: New Coffee Health Group CEO Jody Pigg is looking for ways to improve cash flow at its three facilities. Perhaps a look at nepotism policies would be in order?

You Said What on MySpace?

You may remember our January 17, 2009, blog featuring North Alabama photographer Mark Davis. Davis has been campaigning for his custodial rights in Lauderdale Circuit Judge Mike Suttle's court for some time. Suttle recently retired, succeeded by Gilbert P. Self; however, Davis still maintains his website, Why, Judge Suttle?, linked at the left of this column.

Mark frequently forwards items of interest to us, and this one is sure to strike a cord with many. Has your ex dissed you in his/her social networking site? If so, now you can have your say. It seems that Time Magazine wants to hear your horror stories:

"I need to talk to anyone who had been burned by something they wrote or their spouse put on a social networking site by Wednesday. (May 27) Or, if they worked out a social networking policy with their exes in advance that would also be interesting. Have them email me at Belinda_Luscombe@timemagazine.com"

Should Time not use your war stories for its article, send them to us. What's romance if not politics with more than a touch of emotion added?


Reminder: Tomorrow is Memorial Day. Fly your flag. Remember those who have paid the supreme price for our freedom.

Judge Michael T. Jones

With the retirement of Judge Mike Suttle, Judge Mike Jones has become the presiding jurist in the Lauderdale County court system. One would expect any judge to be criticized no matter the nature of his rulings; however, Judge Jones has recently been raked over the legal coals for accepting a plea bargain in the Shaun Shapley case.

Shapley, a resident of the small town of Lexington, murdered his 17 year-old stepdaughter in 2008. The murder ostensibly occurred during an attempted rape. DNA testing proved Shapley to be the father of two children belonging to the victim's older sister. Previously, Shapley had been charged with violence against women in his home state of Florida and his former residence of Huntsville, Alabama.

A murder committed during the commission of another crime is categorized as a capital offense--in other words, Shapley at the very least should have been subject to life in prison without the possibility of parole. Instead, Judge Mike Jones sentenced the convicted felon to a term of 25 years. A Class A felony, this conviction will allow Shapley to be eligible for parole after 15 years. Obviously many in Lauderdale County and the entire Shoals area have been outraged by this sentence.

Several, both in the legal and private communities, have made their displeasure known in the Courthouse Fourm: http://www.courthouseforum.com/forums/forum.php?id=6617

Jones' overall grade as a jurist is a C, but perhaps even more telling are the related comments. There is a strong thread of alleged racism in the criticism of Jones, as well as other enlightening remarks from the legal community concerning his performance. This forum is relatively new and has not become well-known in the Shoals area until now. I encourage anyone having contact with any courts in our area to rate the local judiciary. It will then be up to the voters to weigh the merits of those comments.

Tomorrow: Judge Jimmy Sandlin

Contacting Gov. Bob Riley

For the past three days we have profiled the attorneys being considered as a successor to Judge Mike Suttle. All three are graduates of the Cumberland School of Law and practice civil law in Florence. From their online bios and similar information available concerning these attorneys, we may infer that each is thoroughly qualified to serve in the capacity of Circuit Court Judge.

Therefore, I will leave it up to you, the reader, to select the applicant you consider the most suited to the position, a position he may hold for the next twenty years or more. Obviously, since there is to be no election at this time, our opinions may not make or break any one candidate; however, Gov. Bob Riley does listen to his constituents and will certainly take our recommendations into consideration.

One may reach the state's chief executive by mail at:

Gov. Bob Riley
State Capitol
600 Dexter Avenue
Montgomery, Alabama 36130

or by fax at:

334-353-0004

or e-mail at:

http://governor.alabama.gov/contact/contact_form.aspx

Remember, if we don't make our voices known, we have no basis for complaint. Gov. Riley's pick will become the incumbent and wield a large advantage as such in the next election. Good luck to all three candidates.


Tomorrow: Rating Judge Mike Jones

Gilbert Porterfield Self

This is part two of a three part series on the nominees to succeed Lauderdale Circuit Court Judge Mike Suttle.

Gilbert P. Self is a Florence attorney and senior partner in the firm of Self, Smith, and Burdine. Born in Florence on January 25, 1963, Self is the younger brother of Florence attorney Henry Self Jr. and the son of the late Henry Harold Self, former UNA athletic director and one-time member of the Florence City Commission, and his wife Shirley.

Self graduated from Auburn with a B.S. in 1985 and obtained his Juris Doctorate in 1988 from the Cumberland School of Law at Samford University in Birmingham. Self specializes in personal injury and other civil cases and is noted as a long distance runner. He and his wife Cheri live in Florence.

It's been reported that Gil Self was the first attorney to actively seek this appointment. Martindale ranks him 18 out of 113 in its visibility rankings.

Correction: Willson Jenkins represented Ann P. Varner, not Keith, in their 1994 divorce trial.

Addendum: We have received an extremely cordial e-mail from Mr. Jenkins. He would like for us to add that he did not actually represent Jimmy Neese in a law suit concerning the non-payment of loans to the City of Florence, since these loans were non-recourse in type and a lawsuit could not have been filed legally. I will also inject that Mr. Jenkins both lives and practices within the city limits of Florence, so he is also a victim of this default.


Tomorrow: James Hall II

Billy Jackson

Much has already been written about the selection of Lauderdale Circuit Judge Mike Suttle‘s successor. While the ShoalsInsider reported six attorneys have applied in the initial selection process, another source has e-mailed us that in fact seven contacted selection committee head Leslie Johnson before the January 29th deadline. First reports on any news item are usually subject to change; therefore, the discrepancy is not surprising.

The ShoalsInsider has also published the names of five of the probable candidates, something the TimesDaily has so far not addressed. Whether the SI list is totally correct or not, one name stands out--that of Billy Jackson.

For a short time, Jackson was a Republican District Attorney for Lauderdale County and proved the office could be run efficiently and fairly. Let us hope that Mr. Jackson is indeed one of the applicants and will make the committee’s short list. The committee has previously stated that the application for the position did not inquire political affiliation. Certainly this is desirable; however, most of the members are long time associates of the local bar and know who belongs to which party. Whether that will make a difference in their vetting process remains to be seen.

No matter your political preference, don’t fail to make your wishes known to Gov. Bob Riley. We here in North Alabama are often treated as the proverbial step-child; we need to let Montgomery know we are here and we vote.


Reminder: There have been three fires in the Shoals area within the past 24 hours. Households with pets should remember to place decals in both front and back windows for the benefit of emergency personnel.