Psychic or In Need of Psychiatric Help?

From a recent TimesDaily article on parole hearings: “We know what they’re going to say, anyway,” Janette Grantham of Victims of Crime and Leniency said. “They’ve found Jesus, and they want to go out and be a good example. That’s what they all say.”

We have the greatest respect for VOCAL; in fact one of our blogging team is very involved in the local group. We simply know that everyone can't be placed in the same basket and thrown to the wolves.

What the article, or Ms. Grantham, didn't tell the reader is that those up for parole don't have the option to attend their hearings in this state. While they may "address" the board in writing, the state finds it cost prohibitive to escort prisoners to a parole hearing in Montgomery or to arrange a video hookup.

Now you know. Oh, and we want to take Ms. Grantham to Tunica with us...



Shoalanda

New Era in Florence-Lauderdale/VOCAL Award

Yesterday ushered in a new era of ambulance service in the Florence-Lauderdale area. Shoals Ambulance Service now holds the city-county contract, replacing Lauderdale EMS, a division of Keller EMS. Will Keller continue to operate from its Florence base on Dr. Hicks Boulevard? We'll have updates when available.

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Several sources have reported that Logan's Road House has backed out of plans to open a restaurant on Woodward Avenue in Muscle Shoals. We understand Krystal has selected a currently occupied parcel on which to build its new store. We'll have an update on this as soon as we can confirm the location, but if reports are correct, it will be very close to its former site.

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Some updated info on Brandon Shane Munday from the Moulton Advertiser: Mundy and the town of North Courtland also face a civil lawsuit, filed by Stephen Heninger of the Birmingham firm Heninger Garrison Davis and Jeff Bowling of the Russellville firm Bedford, Rogers and Bowling. The suit was filed in circuit court on behalf of Adam Cox, a family member of the victims.

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From D.K.:

Rebecca Condrey of Florence got The State VOCAL "Victims of Crime and Leniency" Volunteer of the Year Award at the State Vigil Friday night in Montgomery. VOCAL has seven chapters throughout the state. All members are volunteers, except for the Director Janette Grantham and Counselor Eddie Sammons. Any and all help to victims is of no charge from VOCAL.

The Shoals Chapter members are proud of Rebecca Condrey for her hard work and dedication for supporting Victims of Crime in Northwest Alabama. Charles and Rebecca, after the loss of their son Troy Condrey in year 2000, have turned to giving back the love and understanding to new Victims of Crime that they received from VOCAL in their darkest days, by supporting the families through the hardest times of their lives throughout the Justice System and afterwards.

Rebecca and Charles have very good family and church support that (along with VOCAL) have been there for them. Congrats to you Rebecca from all the Shoals area and the Shoals Chapter! 

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We'll add the congratulations of the rest of us here at Shoalanda. Rebecca is extremely deserving of this award, and we appreciate her efforts on behalf of local victims and their families.

Shoalanda

Big Fail for Lawrence County DA/VOCAL Vigil

D.A. Errek P. Jett

From all reports, the case against Charles Moore is a slam dunk. The same reports have stated the prosecution has made every effort to ensure any appeals will be limited if/when Moore should be convicted of the murders of Bailey and Betty Nichols.

Yet today a judge in the case sanctioned D.A. Errek P. Jett for failing to provide the defense team with information relating to a second suspect in the double murder. The defense at worst would have used the second suspect as a red herring; the evidence against Sheffield businessman Moore is so overwhelming that only a miracle could prevent a conviction.

While an appeal is automatic in a Capital Murder case, the prosecution has now given Moore's attorneys grounds for an appeals court ordered second trial. Lawrence County taxpayers should be upset...very upset.

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From D.K.:

On Friday night, the local VOCAL chapter, in partnership with Safeplace and Rape Response, will host a Celebration of Life, which will kickoff the National Crime Victims Rights Week, April 21-27. The event will be Friday beginning at 5:00 p.m. in the gym at First United Methodist Church on Tuscaloosa Street in Florence. At 7:30 p.m. the event will shift across the street to Wilson Park for a balloon release and candlelight vigil.

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Equivocal words? Several sources have been criticized for not calling ricin, a deadly poison in gas form or if otherwise inhaled, by its name. In other words, the material sent to several federal officials was nothing short of ricin and should be identified as such.

So...down with equivocal words in the news. How about "undocumented immigrant" goes next?



Shoalanda

"Scoggins Cannot Be Convicted of Possession of a Fireman"

Former Muscle Shoals Police Officer Greg Scoggins, along with Colbert County attorney Billy Underwood, has filed suit against the city. The suit involves five counts and is lengthy; however, much of the wording is so profound, and sometimes downright humorous, we've publishing it here in its entirety:

APPEAL

Comes now Greg Scoggins, by and through his attorney of record, William J. Underwood, and states unto this Honorable Court as follows:

1. That a hearing was had on or about the 18 th of January, 2013 concerning Scoggins’ appeal of a decision by the Mayor of Muscle Shoals, Alabama.

2. Pursuant to the language in said Civil Service Act that has been passed by the Alabama State Legislature, Scoggins is appealing the ruling of the Civil Service Board in upholding the decision of the Mayor.

For the following reasons, your Plaintiff is appealing this decision:

COUNT I

The Civil Service Board was prejudiced against Scoggins and refused to hear evidence to show their prejudicial proclivity.

1. Scoggins had subpoenaed all the department heads who were at a hearing where the Civil Service Board met on or about the 11 th of January, 2013. Scoggins expected some of the department heads to say some of the members of the Civil Service Board were prejudice in this case and expressed their prejudice in conversations with the Chief of Police, Robert Evans.

2. Scoggins verily believes that one of the Civil Service Board members asked Evans what procedure they should be following and Evans shot back that they were the ones over the procedures; it was their rules.

3. The Civil Service Board told Scoggins they would allow him to put evidence on of their prejudicial nature after the City of Muscle Shoals had presented its evidence.

4. Scoggins, thereinafter, tried to put evidence on to show prejudice of Civil Service Board. The Board refused to allow any witnesses.

5. In a case in the Circuit Court of Colbert County, Alabama, the aggrieved party who was not allowed to enter evidence is always allowed to make a proffer or proof for the record so that he could show what he expected the evidence to say. The City of Muscle Shoals Civil Service Board refused to allow Scoggins’ attorney the right to even make an offer of what some of the department heads on the Civil Service Board would have told the tribunal and allow that to be in this record before this Court.

6. A Russian soldier in the German concentration camp prison, Auswitch, had a fairer chance of being pardoned than Scoggins did in front of this tribunal.

WHEREFORE, THE PREMISES CONSIDERED, Scoggins’ Constitutional right to show the prejudicial nature of the Civil Service Board and to proffer evidence regarding their proclivity to have already ruled against him was stymied by their failure to allow him to even make a record.

COUNT II

The Civil Board made arbitrary and capricious rules, were violative of Constitutional provisions, and acted in excess of the authority conferred by this act on the Civil Service Board.

1. The entire nature of the proceeding was void of any interaction that could be had by Scoggins’ attorneys with the witnesses.

2. When Scoggins’ attorneys had stated that the Board had received at least two hours of instruction on how to run their meetings, they all single-mindedly and vehemently stated “that was not true” and they “had never received any information on how they should be conducting Civil Service Board hearings.

3. Scoggins attempted and wanted to put, before the Civil Service Board, evidence of selective prosecution. The Civil Service Board disallowed any evidence of selective prosecution and would not allow Scoggins’ attorneys to make any proffer or offer of proof of evidence that would be on the record for this Court.

4. Scoggins’ attorneys will show this Court that people had violated the tenants of the Civil Service Board rules and had been treated disproportionately more lenient than Scoggins. His attorneys attempted to put in specific references to Group II violations by individuals who were governed by the Civil Service Board and said Board refused to hear any of those specific violations.

5. The Civil Service Board made no ruling on whether or not Scoggins should have received a lesser penalty. Scoggins had requested the Board to consider giving him a lesser penalty.

WHEREFORE, THE PREMISES CONSIDERED, Scoggins’ Constitutional rights were again violated which disregards this record because the Civil Service Board of Muscle Shoals refused to allow any offer of evidence concerning Group II offenses which were treated more leniently than his offense.

COUNT III

The Civil Service Board went into executive session and voted in violation of the Alabama Open Records Act.

1. Under the Alabama Open Records Act, the Civil Service Board could not go into executive session and vote in regards to Scoggins’ penalty.

2. The Civil Service Board went into executive session and voted. An exhibit that should be with the record shows the secret vote. All of the Civil Service Board members voted only to uphold the Mayor’s recommendation. They did not make any findings of fact nor did they make any findings of fact in regards to Scoggins’ request that they give him a lesser penalty.

3. To say that the Civil Service Board was quasi-judicial would require them to make findings of fact. There is case law from the Alabama Court of Civil Appeals in a case out of Gadsden, Alabama that the Civil Service Board must make findings of fact which would show they were quasi-judicial. This Civil Service Board, in violation of the Open Meeting Act, only voted to uphold the Mayor’s decision and did not make any findings of fact; thus it fails to be a quasi-judicial board.

COUNT IV

William Moore either forgot or made statements under oath that were utterly false.

1. The Civil Service Board entertained testimony from William Moore, who works at the Water Treatment Plant.

2. William Moore was asked by Scoggins’ attorneys if he was supposed to receive the deer head from the Game Conservation Officer when all of this was over.

3. The fact that he would receive the deer head would be construed as payment for his testimony and not allowable under Alabama Law.

4. Moore has made statements to his supervisor and supposedly a member of the Water Board that he was going to receive the head of the buck after this case had been tried in Colbert County District Court. Said statements made under oath by Moore were false and Scoggins believed knowingly made of the proof of their falsity.

WHEREFORE, THE PREMISES CONSIDERED, this matter should be returned to the City of Muscle Shoals after the Court takes testimony from individuals at the Water Board who will state Moore’s testimony was false.

COUNT V

Scoggins cannot be convicted of Possession of a Fireman.

1. The Chief of Police, Robert Evans, found that Scoggins was guilty of Possession of a Fireman. The hearing before the Mayor resulted in the same finding:

Scoggins was in Possession of a Fireman. The Civil Service Board did not make any corrections to the mischaracterization of what Scoggins’ supposedly was in violation.

2. The fact of the matter is Muscle Shoals Police Officers are allowed to carry other weapons in their vehicle in contradiction of the section the Civil Service Board allegedly upheld in the Mayor’s ruling. Captain Clint Reck testified under oath that members of the Muscle Shoals Police Department are allowed to carry their own weapons in their police car. You cannot convict someone of being in violation of possession of firearms, misnamed as possession of a fireman, when the Chief of Police has a different rule.

WHEREFORE, THE PREMISES CONSIDERED, this action should be sent back with instructions to the Civil Service Board to dismiss any findings of fact in regards to possession of firearms as there are two different rules followed by the police department and the Civil Service Board in regards to said statutes.

CONCLUSION

Scoggins prays that after the Court looks over the record and the Constitutional violations made by the Civil Service Board, it will order certain accusations against him be dismissed by operation of law and return the other accusations for a new trial where Scoggins can put evidence on to show selective prosecution, failure of the Civil Service Board to treat his penalty in regards to other penalties meted out by department heads in Muscle Shoals, and failure of the Civil Service Board to hear testimony of what appeared to be their prejudice and bias against Scoggins before the hearing was ever had.

Respectfully submitted this the 22 nd day of January, 2013.

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From D.K.:

On Jan. 22 , the Parole Board turned down the Parole of Christopher D. Berry for the max of 5 years, Berry pleaded guilty to Manslaughter and received a 20 year sentence in the death of Sidney Carson Cox, both of Colbert Co.

Thanks to Alabama Attorney General, VSO Ashley Harbin, VOCAL, all the Local and State Elected Officials for their protest letters and for Sidney's sister, Sarah Thompson, for speaking. Thanks so much to the parole board.



Shoalanda

Life Without Walmart/Get VOCAL Tonight

If he were alive today, perhaps John Lennon would add a verse to Imagine. "Imagine there's no Walmart." If the powers that be in Florence have their way, there will be two Walmarts--three miles apart. Some say the city can't support two Walmarts. More to the point, how do we support one Walmart when we can't support Pier I, Linens 'N' Things, Food Max, Stein-Mart, Toys-R-Us, or Old Navy? We could list several more, but you get the idea.

Admittedly, some of the above retail giants went under nationally--not just in Florence, but no matter the cause, the effect was to drive more shoppers to Target, K-Mart, or Walmart. Did we say K-Mart? We're not sure that struggling entity will survive in Florence should a second Walmart come to fruition.The irony seems to be in the fact that the proposed new Walmart has produced more public debate than Division I, a new landfill cell, Charter Schools, and the location of the new hospital combined.

Don't like Walmart? Shop Target, but we warn you there's a possibility you could wind up speaking French.

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From D.K.:  

This week is "National Crime Victims Rights Week" April 22nd - 28th - We will have Crosses at Lauderdale County Court house all week.

On Tuesday April 24th @ 7:00 pm @ Wilson Park in Florence, AL. VOCAL will be sharing our Candle Light Vigil again this year with Safe Place and Rape Response. Speakers from each group. Lauderdale County District Attorney Chris Connolly will do the opening and closing of the Vigil . Lucia House will lead a prayer. Daniel Power and Kathyrn Burks will each do a song. You're encouraged to bring a lawn chair.

Our Key Note speaker will be Janette Grantham, formerly one of Attorney General's Victim Service Officers and now Blount County District Attorney Pamela Casey's Victim Service Officer. Janette is a sister of Coffee County Sheriff Niel Grantham who was murdered 30 years ago. His murderer had been on death row all this time, but now has been moved off death row with life without parole, a hearing will take place April 30, 2012 on the matter. Janette has been active with VOCAL and understands the battles of what it is to be a victim. Everyone is welcome !!

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This is an appropriate time to thank D.K. for all he does for victims, as well as for what he contributes here. Sharing the grief of others is never an easy task, so on behalf of the entire Shoals area we thank you and your family for your continued support.

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While we don't place any significance in the number 13, we are happy to note that this is our 1313th post. On second thought, we'll say that makes us pretty lucky to have such faithful readers.

Shoalanda

Getting VOCAL About Crime

National Crime Victims' Rights Week is April 18-24. A candlelight vigil will be held in Florence's Wilson Park on April 20th at 7:00 p.m. While VOCAL isn't perfect, it does a great work with helping the families of those who have been the victims of violent crime. Many thanks to Denny Kimbrell, current VOCAL president, for all that he does.

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Ben Burt Jr. has been denied parole. He will continue serving the remaining seven years of his sentence in the death of Matthew Williams.

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Former Burt associate, Mark Anthony Hurley, aka the Reedtown Rapist, has been arrested again while out on bail--this time on drug charges. He was indicted by a Franklin County Grand Jury last week on the current charges of Possession of Marijuana and Drug Paraphernalia. What does it take to keep this man in prison?

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Andrew Daniel Scott, aka Hottie Scottie, will face a preliminary hearing in Judge Carole Coil Medley's courtroom on April 30th. Scott was arrested in early February in downtown Florence and charged with the Possession of a Controlled Substance and Drug Paraphernalia.

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The reward for information leading to an arrest in the brutal attack on Jake is now $125.00. Please call Capt. Ron Tyler with the Florence Police Department at 760-6576 if you have any information.


Which one is illegal: According to the state audit of the Alabama Music Hall of Fame released in January of this year, one board member was appointed illegally. Interesting, but which one...and why? Could David Johnson use this illegal action in a fight against the Board?

Shoalanda