Judge Terry Dempsey Death

 

Franklin County Circuit Court Judge Terry L. Dempsey is reported to have passed away while at UAB Hospital earlier today. He had been seriously ill for the past week.

Dempsey had served in Franklin County for several years and was perhaps most known for not accepting a jury recommendation to sentence child killer Christie Scott to Life in Prison. Instead, Dempsey gave Scott the death penalty. 

More details on arrangements are expected on Friday.

Don't remember Scott? Christie Scott's Road to Death Row.

A Simple Request of Judge Terry Dempsey

Do you remember the name Tom Freeland IV? Mr. Freeland was a high profile Oxford, Mississippi, attorney who ventured to Franklin County to assist in the defense of Hershel Graham, convicted killer of David Andrasik. Freeland came from a long line of attorneys, his father having been friends with William Faulkner. In other words, Mr. Freeland wasn't some fly-by-night ambulance chaser—he charged big bucks for his services.

Tom Freeland Sings Those Poor Lawyer Blues

Sadly, Mr. Freeland passed away last February from complications relating to surgery. That apparently leaves two attorneys still representing Graham, but we doubt either of them comes cheap. Someone in Graham's family, presumably his father, has money to throw after his profligate son.

While Graham remains in the Kilby infirmary, he is scheduled to be returned to Red Bay under house arrest, ostensibly a dying man. That apparently can't be changed.

However, it's come to our attention that while the Grahams have spent countless dollars on Hershel's defense, no restitution has been made to David's family. Upon his sentencing, Graham was also ordered to pay the Andrasik family $9,986.00 in damages to cover funeral and other miscellaneous expenses. So far, not one dollar has been offered in restitution.

Let the dying man go virtually free? So be it, Judge Dempsey, but surely you can summon up the wrath to at least suggest Graham pay his court-ordered debt in order to be released.



Shoalanda

Updates & Answers

Two interesting, but very different, criminal cases are in the limelight today. First, Hershel Dale Graham was sentenced to 14 years today. He will serve only two, assuming he behaves himself on five years of subsequent probation. He is scheduled to turn himself in Monday or put up 100K appeal bond money. Which will he do?

We have wondered about the many delays in sentencing; now we believe these postponements were to give Graham more time to come up with the money for an appeal bond. Will he win? We doubt it. It's our understanding that Joey Rushing dotted every "i" in this case. Mr. Rushing, as always, carried out his duties well.

We know the Andrasik family is deeply saddened that there was not a stronger sentence. Judge Terry Dempsey stated it was a difficult decision for him to make. How will it affect the retired rotund wrestler from Red Bay?

We doubt that a felony conviction will limit Graham very much. He doesn't work, and we doubt that he plans to travel to any exotic countries that would not allow a convicted violent felon a tourist visa. Graham's main problem may now be in controlling what those who know him have called a volatile temper. The fat lady hasn't sung yet, and the fat man may not be fat after two years in an Alabama prison.

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The second case? We'll let you read about it here:

How Can They Charge Manslaughter?

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Occasionally, someone asks us about our policy in reporting on past arrests/convictions. We never mention any past arrests, etc., unless the person is arrested again or thrusts themselves into the public arena to run for office or something similar.

We consider any crime/alleged crime to be off limits once it has been adjudicated and the person has finished with any legal requirements. Obviously, convicted sex offenders never finish their legal obligations. If the subject has been arrested again, we do discuss past arrests/convictions. These past arrests are not usually allowed in court. Should they be? It's our opinion that it depends on the case.

Justice is elusive, money and connections talk, and sheer geography may make the difference in any outcome. We don't see this as changing. We do suggest our readers lobby for justice--don't just sit back and trust the system to do the right thing in every case.

Tomorrow: Look who's up for parole...



Shoalanda

Gimme Shelter...

From a faithful reader:

The Colbert shelter has some very major problems and there is evidence of a pattern of negligent behavior on the part of most of the staff, and efforts to cover it up from the media.  Friday is the next board meeting.  It will be held at 10 a.m. at the conference room outside Mayor Bradford's office in the Muscle Shoals City Hall.  Prior to Richie's surprise resignation, they planned to discuss the director's position and qualifications.  I suspect they were considering simply promoting Richie.

The board consists of the three Colbert mayors, plus Emmitt Jimmar as commissioner, and one community member.  I know one of the mayors personally, and I believe he reads your blog quite regularly.  The other is politically astute enough that he probably checks in daily, and the third will hear about it from others.  My concern is that they know the media attention will not go away until they do the right thing for the animals.  The right thing would be to clean house entirely and do a wide, external search for a new director, one who is not in the good ol' boy system and instead is there because of a compassion for animals.

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Are you listening, Mr.s Mayor? Mr. Jimmar? Yes, we know the travel incident you covered up for the last director. Tax payers don't want their money spent that way. You know what Spike Lee said...

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Hershel Graham will be sentenced in two days...at least we're keeping our fingers crossed. The petition was sent in today, but you can still contact Judge Terry Dempsey at this email addy:

Teresa.Seal@Alacourt.gov

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Discussion of threats continue concerning the Mitch Campbell shooting. We've blogged that we have not seen any; that does not mean they were not out there. The Justice for Mitch page states that it won't tolerate such threats; what about personal family pages?

People often say things in grief that they wouldn't say otherwise...and do things. Again, that's why friends and family are never on a jury. Assuming there was something off about last Saturday's shooting, the Campbell family is about to learn just how slow justice can be.

A source in the sheriff's department has told us deputies believed Campbell closed a gate to his drive to keep them out. That doesn't jive with anything else we've heard, and isn't necessarily true. If true, it only raises more questions.

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The Campbell death discussion and a recent online discussion on a faux military figure have both produced some interesting language. Are people today incapable of stating an opinion without uttering a curse or obscenity with it? Hint: when you do this, it doesn't make the recipient any more eager to hear your side of whatever problem you think you have.



Shoalanda

Diana McCutcheon: Whose Face is Tight Now?

Diana McCutcheon, Lauderdale County physician, has been sentenced to one year in Federal prison. Her defense attorney Robert Tuten claims billing error in coding of treatment for lesions...and wrinkles. In fact, while certain lasers do more than double duty in removing lesions, age spots, and redness from skin, it's an entirely different laser that's used for face tightening. The standard fee for these treatments is also quite different. In other words, you want a tight face, you gotta pay more.

So, do we believe Dr. McCutcheon's tale that it was all coding error? No. Does she deserve prison? That's not for us to decide, but considering sentences for male physicians accused of the same crimes, she got off easy.

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Reward: The Hogan Cemetery in Colbert County has been repeatedly vandalized by individuals on four-wheelers. If you have any information on those responsible, please report it to the Sheriff's Department at 256-383-0741. We will offer a $100.00 reward to anyone supplying information that leads to the arrest and conviction of these thugs.

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While on the subject of four-wheelers, we have received several complaints from citizens of East Ridge in Killen that similar scoff laws regularly ride the streets there. Keep calling local authorities. We also suggest you have a camera ready and take pics of these youths. We're sure if someone accidentally hits one of these thugs that their parents will not hesitate to sue.

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Lauderdale escapee still at large: Terry Wayne Myers

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We do not yet have Judge Terry Dempsey's e-mail address. We will update this info next week so that individuals my weigh in on the sentencing of Franklin County killer Hershel Dale Graham.



Shoalanda

Are Some Accused Criminals Getting Lucky?

Are some possible bad guys luckier than others? If they're running from the law in Lauderdale County, they just might be.

We mentioned two weeks ago that the sheriff's dispatch center upheaval to the basement of the courthouse left Lauderdale deputies unable to run checks for outstanding warrants. Originally it was thought this oversight would be corrected after the initial weekend move, but apparently deputies are still unable to obtain this info from the isolated dispatchers. Was this extremely poor planning? We would say so.

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The next Franklin County grand jury will meet in September. Considering the ABI's evidence against former Russellville Police Sergeant Jeremy Shane Hall, an indictment seems a foregone conclusion. Will Joey Rushing prosecute? Since the Franklin County District Attorney has obviously had dealings with Hall in the past, a recusal seems in order.

How about Judge Terry Dempsey? Will he try the case? According to our sources in Franklin County, Judge Dempsey once represented Hall in another matter before being elected Circuit Judge; ergo Dempsey's recusal is a given.

We can't say who will be tapped to hear the case, but a member of the Attorney General's staff will in all probability try it. Other sources have theorized not just former female jail inmates will testify against Hall, but additional women from the private sector. Perhaps they should sell tickets.

Related Post: The Criminal Case Against Jeremy Shane Hall



Shoalanda

Unequal Justice? Surely It's Not Based on Sex Appeal?

This is a booking photograph of Amanda Leigh Houk, 40, a Madison County License Clerk who was convicted in March of embezzling over 40K. There has been no mention of a previous criminal record.



This is a booking photograph of Pam Gay Taylor, 55, a Franklin County Volunteer Fire Department treasurer convicted in March of embezzling over 32K. There has been no mention of a previous criminal record.

Which woman received the longer sentence? If you guessed Ms. Houk, you're obviously using logic--something that is often absent from the Alabama judicial system.

Pam Gay Taylor was sentenced by Judge Terry Dempsey to ten years, split with two to serve in actual prison. If during the remaining eight years of probation, Ms. Taylor should again run afoul of the law, she would be returned to state custody.

Amanda Houk was sentenced by Judge Dennis O'Dell to three years on probation. If she remains on the straight and narrow she will never see the inside of a prison. Why the huge difference?

Different judges
Different prosecutors
Different defense attorneys
Different...physical attributes

Oh, but the latter should never come into play? No, it never should.

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When the Webster Inn first opened as a Ramada, it was a jewel in Sheffield's crown. Now, the hotel doesn't have sufficient funds to pay its utility bill. Why? From reviews online, it would appear to be more than just the amount of competition. Here for your reading enjoyment...

9/11/07 - In our room, the wallpaper was coming off the walls, the ceiling in the bathroom was falling down, and there were stains on the side of the mattress (gross - looked like dried blood). The towels were thin, too. The water tasted funny, so we went to the vending machine -- no water. We asked at the desk, and they gave us a glass of water. We tried to save a couple of bucks, but it wasn't worth it.

10/31/07 - It was by far the worst hotel experience I have ever had. Not only was the staff rude and uncooperative, but the room itself was not sufficiently stocked or in good condition.

My husband and I chose to stay at Webster the night of our anniversary. We stayed in a suite. When we first arrived in the room, there were light bulbs missing from the lamp and the shower was constantly dripping. We left shortly after checking in and returned to get ready for dinner since we had reservations. We discovered that the comforter had cigarette burns in it and that the iron was missing. Not to mention, the wallpaper was coming off the walls. And management went in our room despite the DO NOT DISTURB sign.

The management was even worse. they refused to give our money back or switch us into another room. They kicked us out for asking for extra pillows and towels on the night of our anniversary. As we left the manager wished us a happy rest of our anniversary. The peole here have no customer service skills and are racist. DO NOT WASTE YOUR TIME OR MONEY. THIS IS A CRAP MOTEL.

2/5/08 - We wanted to stay at this hotel because of the advertisement of a jacuzzi suite and well it was our anniversary. We arrived at the hotel and the lobby looked decent but when we arrived in our suite it looked like a pay by the hour room. All of the furniture was very outdated, worn out, sinking in and different colors. There were smears all over the mirror, the cabinets under sink were falling in and jacuzzi was rusted and filthy. Wallpaper and some sheetrock was falling off the walls. We left and went to get dinner and a movie. When we arrived back the parking lot was so packed that we had to find a place to park in the grass along with many other people. When we went to our room our walls were shaking and you could loudly hear the bass from the band unstairs at the hotel bar. We went to the front desk and asked if there was another suite we could move to and the night auditor said no, so we asked for our money back and he said no again. So finally after a little convincing he just happened to find another suite available. When we checked that room out it was in the same condition maybe a tad better but it was right next door to our previous suite -so we had the same noise problem.There were people walking down the hallways being very loud. We went back upstairs and asked for a down grade to a regular room and the night auditor said i cannot do that. We were pretty upset by this time and asked for a manager. This guy comes walking out from behind the counter (looked very unprofessional and i believed was chewing tobacco). I explained what was going on and he said "well sometimes i have to park in the grass and i work here" his reply to the loud band was "well theyll be winding down around 2AM and then you can go to sleep" he also told us there was no one walking in the hallways being loud and we were imagining it. I could not believe this guys management skills-he would not accomodate his $175.00 paying guests. He would not budge on giving us our money back or another room. I told him i was going to post bad reviews and his reply - "OK-go ahead" So about 10 minutes of arguing with this guy he finally said i can downgrade you to a single room on the other side of the hotel. The downgrade was in terrible condition but quite so by this time we were just tired and wanted to go to bed. I would never recommend this place to anyone. I have stayed at plenty of hotels/motels before and this one gets the grande prize for the worst hotel not only in looks but also in service. If you are thinking of staying at this hotel please consider a chain/name-brand hotel first.

6/23/08 - My family and I went up there for a meeting. The hotel was disgusting. We had cigarette holes in our beds, there were roaches, the bathroom was dingy and unclean, the rug was filthy, the walls were speckled and had things wiped on them. The bed was extremely uncomfortable. The staff was distant and strange. Everything needs to be updated. It was extremely ugly. The hotub/pool was okay. The pool did have quite a bit of bugs, however. The bar was filled with people that weren't staying in the hotel.

8/18/08 - This hotel was awful! The room smelled bad! The sink was stopped up and the bathroom was dirty. The beds and pillows were as flat as a board! You could see foot prints in the bottom of the pool where it had not been cleaned. The air did not work right in the rooms. It was dirty and i would not recommend that anyone stay in the hotel.

2/15/10 - The rooms were filthy and there appeared to be vagrants hanging out at the pool. When we saw to HUGE cockroaches in our room that was it. This is truly an example of getting what you pay for. It was by far the cheapest hotel in the area and we quickly found out why. I went to the local Walmart to disinfect the bathroom and purchase a new pillow and sheets. When we checked out I filled out the comment card and never heard back. Finally I just disputed the charge with Amex and got a refund.

9/13/10 - This hotel was very poorly managed. Bathroom was so dirty, I would never have taken a bath in it. We had a "no smoking" room but the blanket on the bed had huge cigarette burns in it and cigarette burns were all in the dirty, soiled carpet. The paint on the ceiling in the bathroom was falling off. On one side of the bed, there was a spot which looked as if someone had thrown up on the carpet. Three of the light fixtures in the room had blown bulbs which left the room very dimly lit. The furniture was dirty and outdated as was the decor of the room, halls & lobby of the hotel. Also, aside from myself and my sister-in-law, I saw no other women guest in this place which I found very strange. The carpet in the hallway leading to the rooms had huge dirty, soiled spots all over. This was the dirtiest hotel I have ever stayed in and if we had not been so tired, we would have left. Most miserable night I have ever had in a hotel. Cheap price, cheap hotel. You get what you pay for! The Health Department should pay this place a visit!



Shoalanda

Toy Airplane Responsible for Fatal Fire?

The toy airplane is made of Styrofoam and hardly seems worth the $40.00 retail price at which it sold in 2006. Now Robert Tuten is asking the courts to consider this recalled toy may be the cause of the August 16, 2008, fire that claimed the life of Mason Scott.

Today Franklin County Circuit Judge Terry Dempsey refused to order a new trial for Mason's mother Christie Bray Scott, recently sentenced to death for the murder of the six year-old. Tuten and his associate Nick Heatherly only recently added the information concerning the recalled toy to their appeal of Scott's conviction. What are the chances that the Spin Master toy actually did ignite bedding in the room Mason shared with his younger brother Noah Riley?

According to experts, the chance that the Air Hogs RC Skywinder plane caused the fatal fire is infinitesimal. The source of the recall for the Toys-R-Us plane was the battery powered remote controller. No fires have ever been attributed to the device, but the small controller was found to emit heat in sufficient amounts to produce first degree burns on the hands of youngsters who operated the toy.

Further, only 7,500 of the planes produced by the Canadian toy company were involved in the recall. Since the toy in question was consumed in the fire, there can be no way to ascertain if Mason's plane came from defective stock.

Now, Christie Bray Scott has returned to her death row cell at the Julia Tutwiler Prison in Wetumpka where she awaits her next appeal, an appeal that will in all probability not be heard for six months or even a year. In the interim, her legal bills are mounting and her husband and son have begun a new life in another town. How can anyone doubt that life under such circumstances is a more effective punishment than a swift injection given under heavy sedation?


What's up with this: The city of Tuscumbia is considering new uses for its former downtown post office. No mention has been made of its historic mural from the Roosevelt Works Projects Administration era. Hopefully Tuscumbia town fathers are aware of the treasure and are prepared to save the art at all costs.

Shoalanda

Keith McGuire Rape Trial Set for Tomorrow

Nineteen years after a Lauderdale County woman says she was raped and sodomized by Brian Keith McGuire, formerly of Lexington, Jan Simpson* will finally have her day in court. McGuire, who was 30 at the time of the incident, claims the sex with the then 19 year-old woman was consensual.

Jury selection will begin Monday at 8:30 in Lauderdale County, with Franklin County Judge Terry Dempsey presiding. Dempsey has just completed the unenviable task of officiating at the Christie Bray Scott murder trial where he managed to keep a check on attorneys Robert Tuten, Joey Rushing, and Doug Evans. Residents of Lauderdale County should be extremely grateful to Judge Dempsey for stepping in when Lauderdale Circuit Court judges recused themselves due to their association with McGuire's father, Lexington Mayor Bobby McGuire.

Associated Press reporter Jean Cole has been following the case from Limestone County, where Keith McGuire has been accused of fondling at least four female students while a teacher/coach at Clements School. Cole reported last week that neither defense attorney Jeff Austin nor prosecutor Pamela Casey would comment on the case at that time. Should McGuire be found not guilty, he still faces the prospect of losing his Alabama teaching certification due to the Limestone incidents.

While Simpson did not file charges against McGuire until 2006, three years is too long to wait for justice. We hope this trial will soon be over for the sake of both accuser and accused.

* Name changed to protect victim's anonymity


David Bronner on the National Alabama start-up delay: "I have too much damn money in it to see it fail." Well, it's nice to know he considers the RSA's money his own...we think.

Are Alabama Fathers Really Ignored?

Greg Allen writes a blog entitled Daddy Types, everything the new father needs to know. According to Allen, he's generally ignored when his wife is present--something he's learned to live with.

Perhaps that's a situation Allen and others can find humor in, but what about legal situations, specifically those involving custody? Do Alabama judges still ignore the father when a mother is in the picture. According to many non-custodial fathers, this is the case.

Gary Lee Parker Jr. of Franklin County is one such father. Parker divorced his wife Lorrie Jane in 2004, at which time Lorrie was awarded custody of their only child. In 2006, Lorrie petitioned the court for permission to move to Huntsville where she ostensibly had a better job. In private, she told her ex-husband her principal reason for the move was to distance him from their daughter. Under the Parent-Child Relationship Protection Act, such moves are subject to approval by family court. Judge Terry Dempsey promptly approved Lorrie Jane Parker's request.

Gary Lee Parker then appealed Judge Dempsey's decision, only to have it upheld by the higher court. Gary Parker also requested custody in order to assure continuity in his daughter's education. This request was also denied, even after it was proved Lorrie Parker's salary in Huntsville would be less than her previous wages in Franklin County.

Is Lorrie Jane Parker a fitter parent than her ex-husband? In all probability, no. Did Judge Dempsey allow Lorrie Parker to retain custody of her daughter simply because she is female? In all probability, yes. That begs the question: Is the Parent-Child Relationship Protection Act administered fairly in Alabama? Unfortunately, there may not be a simple yes or no answer to this question.

There are no winners in divorces. We certainly don't envy family court judges who are required to make such life changing decisions on a daily basis. Yet judging from many of the e-mails we have received recounting legal quandaries extremely similar to Garry Lee Parker's, we suspect that Rodney Dangerfield isn't the only male who gets "no respect."


Note: We understand Crocodile Ed's in the former Emerald Coast building will be opening next week. Good seafood is hard to find in this area, and we encourage everyone to give them a try.