Special: Attorney Tim Case Suspended...Again

 

Florence attorney Tim Case was originally suspended from the practice of law in Alabama in 2005. He appealed the decision at that time, but the bar's decision was eventually upheld:

Now a second suspension has been enacted. Rumors are just that - unverified accounts of what may have been the impetus for the suspension. If more information is forthcoming, we will publish it.

Indicting That Ham Sandwich

It's an old joke that a competent district attorney can indict a ham sandwich. Obviously that's not always the case in the question of self defense. Colbert County's Bryce Graham did secure an indictment against James Christopher Martin in just four days. Is this odd? We've received some questions about the swift indictment in a case where the defendant will plead self-defense and defense of others.

The deceased was the son of a prominent Shoals restaurateur. A former Marine, Grant Campbell worked for a company his cousin owned. The shooter Martin also worked for ICS roofing. It's probably safe to assume that no matter the outcome of the legal charges, Martin won't be getting his job back.

What of Campbell's dishonorable discharge? We understand that AL.com has contacted some local news outlets in order to find out more. This is from Wikipedia:

A dishonorable discharge (DD) can only be handed down to an enlisted member by a general court-martial. Dishonorable discharges are handed down for what the military considers the most reprehensible conduct. This type of discharge may be rendered only by conviction at a general court-martial for serious offenses (e.g., desertion, sexual assault, murder, etc.) that call for dishonorable discharge as part of the sentence. With this characterization of service, all veterans' benefits are lost, regardless of any past honorable service, and this type of discharge is regarded as shameful in the military. In many states a dishonorable discharge is deemed the equivalent of a felony conviction, with attendant loss of civil rights.^[14] Additionally, US federal law prohibits ownership of firearms by those who have been dishonorably discharged^[15] per the Gun Control Act of 1968.

You can be sure that Tim Case will bring up Grant Campbell's past behavior. You can also be sure a jury will be duly influenced by the fact that Campbell was less than honorable in serving his country.



Shoalanda

Good Samaritan: "Additional Arrests Are Possible"

Buried in the "B" section of the TimesDaily on September 8th was a short article on the scheduled December sentencing of Randy Gist, former owner of Good Samaritan Hospice in Florence. At the bottom of the story lay a bombshell: (Tim) Case said additional arrests are possible.

Certainly anything is possible, but why mention this tidbit to the press if Case wasn't sure it was a major possibility? Was he referring to the physician who owned half the defunct hospice? Or was he referring to the business manager, a nurse who was stripped of the "Registered" credential long ago?

Rumors abound that the FBI is hot on the case of another local physician who is said to have committed major Medicare fraud. Perhaps our Federal investigative arm needs to set up a special Shoals office for those who see Medicare as their personal gravy train.

*****

The call came to ECM late on the morning of September 11, 2001. Authorities instructed the hospital to prepare every available room; the Florence hospital would soon be receiving stable patients from the UAB burn unit.

None came. None came because UAB received no critically injured and burned patients who needed the beds more. They were all dead.

As personnel at ECM stood and waited for the influx, so did their counterparts in Birmingham. How long before they realized the futility of their preparation? How long before our country realized the magnitude of what occurred early on that Tuesday morning?

Each of us reacted in different ways. Many joined the military. Others resolved to change what could be changed. We fall into the latter category. We can't go to Washington and tell them how to do things. We can work to make the Shoals a safer and more productive area in which to live. Let's recommit to that today.



Shoalanda
Holding the Block since 2008

Noah Monroe Tidwell--Unrepentant to the End

Colbert County Sheriff Ronnie May described Noah Monroe Tidwell of Leighton as someone who was no stranger to local law enforcement. Tidwell and his brothers Leon and Grover had theft and similar charges dating back to the early 1960s. After an August 1965 violent quarrel, Noah Monroe Tidwell killed his father with a single shotgun blast. In 2003, a Colbert County grand jury indicted Tidwell for the sexual assault of two female relatives, both minors at the time of the alleged crimes. Obviously Tidwell was no angel, but would the evidence show he was capable of sexually assaulting members of his own family?

Tidwell, then 62, hired Florence attorney Tim Case to represent him. At the time of Tidwell's arrest, Case stated his client was innocent, but also admitted he knew nothing of his past record. In order not to compromise the prosecution at Tidwell's trial, much of his previous record was not admitted.

In December 2004, the bricklayer was convicted on ten counts of various sex crimes against his victims and sentenced to life in prison with the possibility of parole. Tidwell's family, including sister Rita Montesi, defended him. Montesi had particularly strong words for her brother's attorney Case who was at that time suspended from the Alabama Bar for violating rules of professional conduct. Montesi also had angry words for Colbert County and is now in a dispute with the county concerning the State's acquisition of property she owns on Wilson Dam Road.

In January 2005, Tidwell and his new attorney, John Taylor of Decatur, filed a motion for a new trial, referencing Tim Case's inadequate defense. The motion was denied by Judge Hal Hughston. Tidwell, an admitted long-time alcoholic, is now serving his sentence in the Hamilton facility for the aged and infirm.

Nevertheless, Noah Monroe Tidwell is not too infirm to continue filing lawsuits against Colbert County. His latest claimed an illegal indictment due to his brother sitting on the grand jury that indicted him. The brother, Freddie Tidwell, did not vote on Noah Tidwell's indictment, but did hear testimony in the case. The suit also alleged prosecutorial misconduct in not allowing Freddie Tidwell to testify in his brother's defense. A U.S. Court of Appeals denied Tidwell's claims in March 2011, but considering the former bricklayer's track record, we doubt that Colbert County or its taxpayers have heard the last of him.

Related post: Who is Rita Montesi?

*****

Update on Sheffield Post Office: A source with the local USPS confirmed today that while Sheffield post office boxes will remain open to patrons indefinitely, the window service will not. During most days, one window will remain open, in all probability manned by the Sheffield Postmaster himself. This is progress?



Shoalanda

Who Is Rita Montesi & Is She Seeking Vengeance?

The last leg of the Wilson Dam Road widening project in Muscle Shoals/Tuscumbia has hit another snag. Rita Montesi has refused to sell her property for the 43K offered her by the state. She was reportedly also unhappy with the 115K appraisal by the last Colbert County panel to value her lot--a lot that is losing access via Wilson Dam Road. The property may still be accessed via Sheridan Avenue. Montesi has hired attorneys Vincent McAllister and Steve Baccus to represent her in her quest for more money...or is it a vendetta against Colbert County?

The Cordova, Tennessee, resident owns several parcels of land in Colbert County, with the Wilson Dam parcel being appraised for tax purposes at slightly over 59K. The monetary value of the land does not take into consideration any income earned therefrom. In other words, if Rita Montesi had sold a portion of the land for the original offer of just over forty thousand dollars, she may have lost more in future years from lack of rental income. So...how about 115K; would she lose more in rental income if she received the latter amount? Now it becomes doubtful. Why pay attorneys to fight the state and Colbert County?

Rita Montesi is the sister of Noah Monroe Tidwell, a man convicted in Colbert County in 2005 of sexually abusing his two daughters. After the guilty verdict was handed down, Montesi held a news conference in which she accused Tidwell's attorney Tim Case of offering ineffective counsel and claimed that Colbert County did not provide a fair trial for her brother, wrongfully convicting him of crimes for which he was sentenced to life in prison. Tidwell is currently suing Colbert County, costing the taxpayers money and flaunting his deviant behavior.

Many say those who have held up and still are holding up the Wilson Dam Road widening project are responsible for any deaths which occur on this narrow stretch of road. That premise is debatable, but the condition of the narrow highway certainly does nothing to prevent such accidents.

If Rita Montesi is putting the kibosh on the Wilson Dam Road widening project out of revenge for the conviction of a sexual pervert who used his own daughters to gratify his sick cravings, the citizens of Colbert County need to know about it. The hearing on the most recent offer will be held Wednesday; we hope Montesi will agree to sell at that time.



Shoalanda

Case & Logan Don't Know?

Those who have been following the ongoing alcohol fueled antics of Tuscumbia Police Chief Tony Logan are aware that the long-time officer has asked for a trial in Lauderdale County Circuit Court to determine guilt or innocence in his DUI arrest. Unfortunately, the Chief and his defense attorney Tim Case don't seem to know as much as the lay people keeping tabs on the situation. Quoted in Today's TimesDaily, Case offered these words in Judge Gil Self's courtroom:

Defense attorney Tim Case declined to enter a plea for Logan during an arraignment hearing Tuesday, arguing the charges against the police chief are vague. “We don’t know what we are charged with at this time,” Case said.

Sad, isn't it, when a veteran law enforcement officer and a juris doctor can't fathom simple DUI charges. Perhaps Case's strategy may get Logan off, but this prolonged theatre of the absurd isn't garnering any respect for Tony Logan. If Logan should win his case, just imagine the resulting chaos in Florence Municipal Court for all future DUI trials.

*****

Sources tell us that Randall Scott Shook was a second cousin to Kenny Strickland, convicted murderer of Rusty Earnest. According to other sources, Shook had approximately 15 felony convictions, as well as an extensive juvenile record. He was also awaiting trial for a recent assault conviction.

We suspect, like Tony Logan, Scott Shook had a serious problem with alcohol. While we have heard rumors that responsible drinkers are out there, they don't seem to live in the Shoals.

*****

Apparently, the e-mail sent to Colbert County Bar Association members concerning Tim Milam's move back to Mississippi was all in fun. Milam has a new Facebook page where he touts his expertise. A reader tells us one post on DUI defense was hastily removed.

See the last statement in the Scott Shook update...

Shoalanda

Tony Logan Blames the Media

Especially after the municipal court trial, there was an inordinate amount of media coverage, television coverage and newspaper print coverage. Likewise, there have been numerous Internet blogs as well as just word of mouth. - Tim Case, Defense Attorney for Tony Logan


Florence attorney Tim Case is seeking to have Tony Logan's second DUI trial moved to a county outside Northwest Alabama. We won't attempt to guess how much more this will cost the taxpayers of Lauderdale County, if anything. Since a special prosecutor is still in place from Logan's March trial in Florence Municipal Court, we assume the only participant forced to travel to the wilds of South Alabama would be the judge, and that wouldn't be a given since Gil Self and the the other two circuit court judges may recuse as well.

Will the evidence against Logan not play as well in an area in which he is an anonymous law enforcement officer? A blood alcohol level of .272 three hours after the Tuscumbia chief's arrest should smell as sour in any venue. We have every confidence that other areas of Alabama will realize that Tony Logan's blood was over one-fourth gram per decalitre alcohol. We think any confusion the jurors may have will involve the logistics of Logan even being able to start an ignition in such an inebriated state.

As for Internet blogs, we weren't aware our friend at Osborne Ink had commented on this local case. Should any of our readers have missed our views on the former Florence Deputy Chief, we'll happily provide links.

Tony Logan Pulls a "Rick Thompson" - 12/06/09

What Tony Logan Did Next - 12/07/09

Tony Logan Takes Tuscumbia - 12/08/09

Tony Logan Was DUI? Apparently, Very Much So - 12/09/09

Tony Logan's Blood Alcohol Count--No Mistake - 03/12/10


Shoalanda

Tony Logan's Blood Alcohol Count--No Mistake

The photo on the front page of Thursday's TimesDaily showed a laughing Tuscumbia Police Chief Tony Logan, puffy face and all, talking and joking with others seated in Judge James Hall II's Florence Municipal courtroom. Yes, it's a real fun place--crying babies, body odors, amateur tats, and stopped up toilets. Perhaps Logan missed the courtroom's full effect since he was apparently tried in special session to accommodate the city's appointed special prosecutor.

For any who may have missed it, Logan was convicted, with testimony indicating his blood alcohol level was .272 three hours after the incidents that precipitated his arrest. No, that's not a typo, his bac was more than three times the legal limit for the State of Alabama. Defense attorney Tim Case is appealing Logan's conviction, stating there were problems with the chain of custody.

Each institution may have a different procedure for handing specimens, but in every case, once the blood is drawn, it is sealed and not opened again until it reaches the lab tech who will do the actual testing. So...we're to assume not only someone at the FPD has it in for Logan and tampered with his blood sample, but the lab tech was in on it as well? Sounds good, after all, why should crazy conspiracy theories be wasted on only national events. The Shoals is entitled to create its own.

Now, Case will be taking some more of Logan's money to appeal to Lauderdale County Circuit Court. The two of them will also be taking tax money from Lauderdale County citizens in order to perpetuate this farce. Logan and Case--prime examples of the Peter Principal; the television series should be coming soon.


FYI: Some years ago we heard of an individual who lost a case in Florence Municipal Court and then sought to appeal to Lauderdale Circuit Court. When the defense attorney told the client it would be useless and a waste of money, the defendant searched until finding one that would take the case--Yep, good guess. Case is always on the case.

Shoalanda

Jeff Redcross--A Friend to UNA

On Monday, Florence Police Chief Rick Singleton officially discharged Sgt. Jeff Redcross for policy violations. Redcross has retained Florence attorney Tim Case to represent him in an appeal; Case is also currently representing Tuscumbia Police Chief Tony Logan, a former Deputy Chief to Singleton.

Whatever the outcome of Redcross' current problems, he has always been a staunch supporter of University of North Alabama football. A 1990 graduate of Sparkman High, Redcross played four seasons as a defensive end for Coach Bobby Wallace and was voted the Most Valuable Defensive Player of 1993. He is currently a sidelines/color commentator for Lions' football. Redcross is also a former member of the Marine Reserves, having served in Operations Desert Storm and Desert Shield, and completed his degree in Criminal Justice at UNA in 2001.

Thanks, Jeff, for your continued support of UNA.

*****

This week we will be paying tribute to family and friends that we and our readers lost in 2009. If you have anyone you would like remembered, please forward the information as soon as possible.


Shoalanda

We Offer a Question and an Answer

The rub of today's topic is that the question and answer aren't mated...

A reader from Killen has asked the current status of Allen Wilson, the Lauderdale County teacher who was recently convicted of misdemeanor assault and terminated from his position at Brooks High School. Wilson was sentenced to 90 days in the Lauderdale County Detention Center, but is currently free on appeal bond. Appeals are not heard in Alabama on a first come, first serve basis, so Mr. Wilson's freedom may be long-lived no matter the final outcome.

Wilson is also appealing his loss of position at the Killen high school, using his criminal attorney Tim Case in lieu of an AEA lawyer. Results from this appeal should be forthcoming within the next two months. After his hearing before the Lauderdale Board of Education, Wilson stated that he frequently had to be confrontational in order to solve school problems. We think the teacher-pilot has seen Glenn Ford in Blackboard Jungle one too many times.

As for Wilson's position as Lauderdale representative on the Muscle Shoals Airport Authority Board, the county commission recently replaced him with Greg Ezell, a local labor activist. We don't know Mr Ezell, but suspect the board meetings will henceforth be much more amiable.

Now, for our personal question for which we have no answer--yet. Those who use plastic at the Lauderdale County Courthouse to pay any form of taxes are aware that the county charges $3.00 for every swipe. Citizens may us their debit or credit cards to pay for car tags, property taxes, or any number of licenses that the county government sells; we imagine that many do use plastic simply for the convenience, and these $3.00 charges add up over time. Yes, it's called convenience--that's with a "c" that stands for cold cash for not just the company processing these electronic payments, but apparently Lauderdale County as well.

The September 14th minutes of the county commission extended the contract with the RDS company to process transactions at $2.48 each. That leaves the county with an extra fifty-two cents per transaction. Assuming Lauderdale County citizens use plastic 10K times a year, the county takes in an extra $5,200.00. That amount might be the proverbial drop in the bucket to a government with a budget the size of Lauderdale County, but we do ask:

Just how much extra does Lauderdale County garner from these electronic processing fees, and where does the money go? Jenoice? Danny? Mickey? Anyone?


Tomorrow: A question about Lauderdale County deputy Ronnie Valentine's involvement in the October 4, 2009, automobile crash in the Central community.

Shoalanda

Muscle Shoals Airport Authority--One New Member or Two?

The death last month of Tuscumbia businessman Ed Borden left the Muscle Shoals Airport Authority Board without a chairman. Now Allen Wilson's 90 day sentence for misdemeanor assault may leave a second seat unfilled.

Wilson's attorney Tim Case is appealing his conviction, ostensibly on the grounds of possible bias on the part of Judge Mike Jones. Wilson supported Alice Martin against Jones in his initial bid for the Lauderdale Circuit judgeship. At the time of Wilson's arrest, at least one reader questioned the legality of Wilson remaining on the airport board. The appointment would seemingly involve political rights, but a misdemeanor conviction would in no way negate those rights. Also, since Wilson was appointed by Lauderdale County, it may be only the county commission that has the power to remove him.

Matthew Hea, Muscle Shoals Airport Director, and other board members have stated the ideal new member(s) will have aviation experience. Tuscumibia is a small town, but surely more than one individual will be interested enough in the position to apply. Similarly, if a vacancy is announced in Lauderdale County, we hope there will be at least a modicum of competition for the appointment.

Most leaders in this area seem unclear as to what the potential of our local airport actually is. While we don't expect it ever to rival Atlanta or Chicago, we do wish to see it grow and evolve into more of an asset to the Shoals than it has been in the past.


What's up with this: Many thanks to the Florence firefighters and paramedics who attempted to save Ouija Hudson from a fatal fire this morning. How one treats the lower species speaks volumes, and the Shoals area is fortunate to have such caring responders.

Shoalanda

Prosecutorial Misconduct - Even in the Shoals

Most of us have heard the term prosecutorial misconduct even if we tend to consider it just typical defense attorney rhetoric; however, this past week the term has been featured in almost any newspaper we peruse. From former Governor Don Siegelman's accusations of misconduct leading to his felony conviction to accounts of the first murder trial of Decatur's Daniel Wade Moore, we've seen how pervasive such accusations have become. Perhaps like sexual child molestation, the term has not become more ubiquitous, but only the reporting of such.

Currently we have Siegelman and Huntsville businessman Alex Latifi hurling charges of prosecutorial misconduct against Florence's Alice Martin, while Martin investigates Alabama Attorney General Troy King for similar charges, while King investigates county family court judges including Lauderdale's Jimmy Sandlin (or not--depending on whom answers the phone in Montgomery). Is there an honest individual still out there or is our anthem now victory at any price?

Before we say such things only happen in other places, let's take a look at the Shoals. Our March 10, 2009, column concerned Lauderdale County's Judge Mike Jones. Jones recently recused himself in the Keith McGuire rape case on the grounds that he had worked in civic projects with the defendant's father, Lexington Mayor Bobby McGuire. Yet, only weeks later, Jones refused to recuse himself in the Allen Wilson assault trial. Wilson's attorney had twice asked for the jurist's recusal on the grounds that his client had been an avid supporter of former judicial candidate Alice Martin.

Jones has been no stranger to such controversy, once failing to declare a mistrial in the capital murder trial of Nathan Boyd. In October 2000, Boyd faced a possible death sentence for the murder of restaurant owner Danny Sledge. During his trial, Assistant District Attorney Doug Evans (pictured above) withheld information concerning the testimony of a prosecution witness. Both Boyd defense attorneys, Tim Case and Jean Darby, immediately requested a mistrial, but Judge Jones refused to consider that option and immediately ruled against them.

Three years later, Evans was again accused of prosecutorial misconduct, this time causing a mistrial in the capital murder trial of Donald Wayne Darling. Darling's story is the stuff of pulp fiction and deserving of a movie of the week. Here we will just say that at the time of Darling's first trial, now District Attorney Christopher Connolly called Evan's actions "outrageous prosecutorial conduct." Needless to say, Connolly refused to retain the assistant district attorney during his administration, but Doug Evans now works for District Attorney Joey Rushing in Franklin County.

After reading this, will any of us sleep more securely tonight. I somehow doubt it.

Judge Mike Jones and the Two Teachers

Today Judge Michael Jones refused to recuse himself in the the Allen Wilson assault trial. Wilson (pictured at left), an instructor at Allen Thornton Vocational School, is accused of an unprovoked attack on another teacher. Defense attorney Tim Case requested Jones' recusal on the basis of Wilson's campaign contributions to a former opponent of Judge Jones.

However, last fall, Jones did recuse himself in the rape trial of Keith McGuire (pictured at right). McGuire is a former Clements teacher who has also been accused of sexual misconduct with at least four students at that Limestone County School. McGuire's father is Bobby McGuire, the current mayor of Lexington and one of the founders of the Lexington Rescue Squad, the basis of Jones' recusal.

Gil Self has not yet been sworn in as the second Lauderdale County Circuit Court judge, a fact that would delay Wilson's trial if Jones had agreed to Case's request. Still, every citizen should both desire and expect the judiciary to avoid any appearance of partiality. If Wilson is found guilty, Mr. Case will undoubtedly use Jones' actions as a basis for appeal, an appeal that will cost the taxpayers of Lauderdale County.

What's up with this: A reader informs us that Sue Schmitz, former director of Decatur's CITY project, also claimed to have performed work for Florence's sister project. Well, at least she was versatile in the work she didn't do.

Roger Lovelace and Flogas - Part I

Retired Florence Gas Department manager Roger Lovelace was arrested Sunday for impersonating a Florence police officer. According to his defense attorney, Tim Case, Lovelace was released from the Florence-Lauderdale County Detention Center after posting a $1,000.00 bond.

Lovelace is 62 years old, lives in the exclusive Indian Springs community, and now works for the Brinks Security Company. What would compel a man in his position to commit a felony of this nature? Perhaps his previous life may offer some answers.

Roger Lovelace was reared in the North Florence neighborhood of Dulin Heights and attended Florence City Schools. Whether because of academic problems or other issues, Lovelace fell behind, graduating from Coffee High School in the late 1960s. Friends report that the he was an inveterate prankster and constant fixture on what was then known as "The Strip," a short access road running between Cherry Hill Homes and the old Florence K-Mart.

After graduation, Lovelace joined his half-brother Doyle in the natural gas industry. Doyle Lovelace worked for many years in the now defunct Alabama-Tennessee Natural Gas Company, while Roger toiled at the Florence Gas Department, commonly called FloGas.

Perhaps Lovelace would have been relegated to field work his entire career, but in the early 1980s, technology gave the future gas department manager a break. It seems that Roger Lovelace was a computer whiz.

When the natural gas industry began using computer technology in metering stations and gas accounting, Lovelace was in his element. He quickly rose to the position of assistant manager under Gas Department Manager Jack Hilliard. Many who knew the assistant manager were surprised at his sudden rise in the department, but thanks in part to Hilliard's own success, Roger Lovelace still had places to go.

To be continued...