John Pilati: A Classic Case of Misdirection?

Misdirection? It’s a magician, or even a murderer, making the audience look in one direction while he or she actually performs the intended, but furtive, action. Could misdirection be what John Frederick Pilati’s quest for reinstatement to the Alabama Bar was all about?

Pilati served one term as Franklin County District Attorney before being convicted of a federal misdemeanor and losing his political rights. He later was convicted of five more federal misdemeanors and required to register as a sex offender.

In March of this year, the State of Alabama restored Pilati’s political rights, but not his right to own or possess a firearm. At that time, we had two questions about the matter, but obtaining any information has been difficult at best.

Our first question: Does one automatically lose political rights if convicted of a federal misdemeanor? The federal attorney’s office in Birmingham refused to answer our questions without an official written request from an attorney, so we’ll just say that apparently the state does rescind these rights since a federal misdemeanor is so much more serious than a misdemeanor committed at the local level.

Our second question asked how the state was entitled to restore rights removed by a federal conviction or to remove a miscreant from the sex offenders’ registry. Again, we have no official answer. We can say that there is no federal sex offender registry—only the state’s. It would seem logical that the state could remove an offender placed there by the federal government if it so desired. It could also restore political rights within the state.

We were mildly surprised that Pilati did not have his right to own a firearm restored, but perhaps the state had its reasons. Here’s a comment that appeared on our FB page:

17 years ago, when I was 16, I was riding the Russellville strip when this man in an unmarked suv with no lights or markers ran my car off the road and almost killed me. I, being young, dumb, and full of testosterone followed him and confronted him about it. So the man pulls a gun on me and says "I'm John Pilati, the D.A. of Franklin County and you're interfering with an investigation." I wasn't interfering with anything. I just wanted to know why this guy tried to wreck me and kill me. After his cronies ran my license they finally let me go. This guy's a joke and will put other people's lives on the line just so he can arrest somebody. He never needs to work in politics or law enforcement again. He's got a short fuse and is a danger to society.

Apparently the first inkling many in Franklin County and the Shoals had of Pilati’s restored political rights came when the Franklin County School Board chose the former DA as one of three candidates for the county board of equalization. Let’s think about this; who on the school board nominated Pilati? How did this member even know that Pilati was now entitled to serve on the board and how did he/she know that Pilati would even want to serve? Obviously Pilati was approaching various Franklin County citizens in his attempt to return to public life.

An article in the Franklin County Times then related Pilati’s quest to return to the practice of law. Yes, that was the official reason for Pilati seeking to have his political rights restored and his name removed from the sex offender registry. Was that the only reason?

Only around 50% of disbarred attorneys in this state who seek to return to an actual law practice are able to do so. Pilati also had to have known he would have at least a modicum of strong opposition.

Does Pilati need the money? His family owns Pilati Investments which controls a local television station and the Franklin Free Press which John Pilati runs. Pilati himself, along with a partner, owns Golden Tiger Properties, a company involved in various land sales. The practice of law can be tedious for the most dedicated of attorneys; does the former Franklin DA fall into that dedicated category?

From anecdotal evidence, Pilati often participated in the day to day police operations of Franklin County. Do you ever hear of the Lauderdale DA appearing personally at the raid of some dope house or the Colbert DA overseeing drug tests for probationers? No, Pilati was hands on, and probably for the adrenalin rush as much as any deviant pleasure he was accused of getting from his job.

A reader yesterday told of personal opposition of six FBI agents at Pilati's bar association hearing. Yet another reader has stated the opposite:

I've spoken to someone who was actually there. There was no FBI agents there. There were no opposition witnesses there at all. The only one opposition witness was Alice Martin who opposed via telephone. Pilati had 5-6 people testify FOR him, but no one was actually present to testify against him.

A third reader has replied:

Not sure who was at Pilati’s hearing in person, but I’m told there were numerous letters written and on file against him.

Now we have Pilati with rights restored, but no real law practice (he may use his legal expertise in other business activities); so did he benefit from having his political rights restored? Misdirection? Perhaps Pilati’s main thrust in seeking the restoration of his political rights wasn’t to resume a law practice? Perhaps it was to enable him to run for political office?

Pilati obviously has political connections. Would he desire to run for mayor? It’s a possibility, but that office is a thankless one filled with minutiae and bureaucracy. A more likely choice would be a run for the state house against Larry Stutts.

Would Pilati have a chance? We think he would…and he would fit right in.

Two Questions on John Pilati's Status/Killen Police

The Franklin County Times ran an article yesterday on John Pilati's quest to regain a license to practice law. Before anyone misunderstands the thrust of this post, let us state that we have no opposition to Pilati regaining his law license. His quest may not have a favorable outcome, but we certainly don't oppose it. What do we oppose? Pilati, or anyone, circumventing the law. There have been many opinions, etc, sent to this blog, and facts have been hard to cull from all the fiction.

Here are the facts:

1. John Pilati has six federal misdemeanor convictions for which he served two prison sentences.

2. A federal judge ordered Pilati to register as a sex offender upon his five convictions related to drug testing young men who were in the Franklin County judicial system.

3. Federally ordered listings on the sex offender registry usually last at least 15 years, but can be shortened for "good behavior."

4. In December 2015, Pilati received a pardon from the state board of pardons, and the state then removed the former district attorney from the offender list.

Now here are our two questions (we're awaiting an answer from the Northern Alabama District of the federal court system):

1. Do federal misdemeanor convictions automatically bar political and gun rights?

2. How can the State of Alabama pardon anyone for a federal crime, be it misdemeanor or felony?

At this point, we have only one comment: While John Pilati may be a former registered sex offender, it does not look seemly for the Franklin County Board of Education to nominate him for any office, even if those in the equalization board do not come into contact with minors.

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From a reader:

Why is it that every time I drive by Walton’s Auto Shop in Killen, there is a Killen Police car being repaired? I understand routine wear & tear, but there are major issues with their patrol cars. All of their cars, with the exception of the newest Chevy Tahoe, have over 250,000 miles on them. Now, to the normal person 200,000 miles may not be a big deal. But, these cars are used by officers and put them at grave danger considering, fuel pumps have gone out, transmissions have been blown, motor overhauls, etc…

Right now, there are officers that have to use older vehicles (that are worse than what they have), as substitute cars while their cars are constantly in the shop. It’s a major safety hazard. One day, an officer is going to have a very serious accident and kill himself or someone else. The money they’re saving by not purchasing new vehicles that are safer, will end up costing more in the long run when they are sued by a family member whose spouse is killed.

Tim Tubbs is only about saving money, and Bryan Hammond, the Chief of Police, only wants to keep peace with the mayor and council. SOMETHING has to be done!! These officers and all officers risk their lives daily, and their worst issue shouldn't be their patrol car.



Shoalanda

Why is John Pilati No Longer on the Sex Offender Registry?

In case you're not familiar with John Pilati, a Franklin county lawyer who once served as district attorney, but who eventually served two separate sentences in federal prison for various crimes, here's a news snip from a 2011 Al.com article:

Former Franklin County DA John Pilati in 2004

A federal appeals court today ordered that a former Alabama district attorney will have to register as a sex offender when he is released from prison next month.

Former Franklin County District Attorney John Pilati was sentenced in March 2008 to serve 42 months in prison for fondling five men -- ages 17 to 20 years old -- during searches while he was serving as prosecutor in that northwest Alabama county. He was convicted on five misdemeanor civil rights counts.

Recently a reader asked why his name was omitted from the Franklin County sheriff's website. We looked into it and were told it was an accident. Now the Franklin County School Board has nominated Pilati for a public position--albeit one which should entail no contact with children/teenagers. When we mentioned this in a casual FB remark yesterday, we were told that he had been removed from the registry. Upon checking, this proved to be true.

So just how was Pilati, who as far as we know has still to regain his license to practice law, removed from the registry? We know some businesses who won't advertise in his publication due to his status as a sex offender. Over the years, we've been told that Pilati came from a moneyed family, made a good salary as DA, and now owns a small Franklin County newspaper--so he has money to spend on legal battles.

We're sure there are many on the registry who would like to be removed. We have always had sympathy for the 18 year old man who is charmed by a 15 year old wearing enough slap to pass for 30. Yet second degree offenders are made to register for life. We have no sympathy for Pilati who took teenagers into his home, teenagers who were vulnerable due to their legal status.

Now we hope the citizens of Franklin County and the rest of northwest Alabama will demand some answers.

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We constantly acquire new readers, so we feel the need to reiterate this. It is our policy that once anyone serves their sentence we do not mention their crime unless they re-offend or place the public in some type of danger. Sex offenders, as far as we have known, remain on the registry for life and are therefore subject to any public scrutiny at any time.

This is the first instance of an offender being removed from the registry in Alabama that we know of. We hope soon to have some answers for those who have inquired about this.


Shoalanda

John Pilati Back on Sex Offender Registry

We have a new marshal in town, or should we say Marshall? From Alabama Attorney General Steven T. Marshall:

Alabama Attorney General Steven T. Marshall is pleased with the State Pardons and Paroles Board decision to reverse 2012 and 2015 pardons for convicted former Franklin County District Attorney John Frederick Pilati and require he be placed back on the sex offender registry.

“John Pilati violated a solemn oath to protect and defend the people when he violated the civil rights through sexual contact with five different young men while he was district attorney,” said Attorney General Steven T. Marshall.

Pilati was convicted in federal court and sentenced in 2008 to 42 months in prison for five civil rights offenses related to sexual assaults on young men who ranged in age from 16 to 20.

“While Pilati served his sentence and was released in 2011, the nature of his crime against his victims and the violation of his oath of office demand that he should not be granted a pardon,” Attorney General Marshall added.

During Pilati’s pardon hearing today, Chief Deputy Alice Martin, who prosecuted the case against Pilati, was successful in voiding the earlier pardons.

“I am pleased that the Board of Pardons and Paroles followed our recommendation to deny his pardons,” Attorney General Marshall observed.

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When Pilati was taken off the sex offender registry last year, we attempted to get a coherent answer from the Board of Pardons and Paroles--to no avail. We questioned how a state board could make such a decision on a federal crime. Apparently a great many questioned this decision. The law does work...sometimes.

More on John Pilati...

Franklin County's Calling... (Trapp & Pilati)

It's fair to state that Franklin County always has the most, shall we say, interesting political and crime news in the area. Two stories originating from that fair county yesterday just beg for a comment.

The name Howard Ray Trapp is not unknown to the citizens of Franklin. In 1985, the senior Howard Ray testified at the trial of Russellville Police Chief "Buckshot" Saint. Trapp admitted to being a well-known bootlegger who served as a driver for Bobby Dawson for two years. Saint's defense attorney: Roger Bedord, now state senator.

Now, Howard Trapp Jr. is again in the news. In 2005, the 28 year-old and his 55 year-old girlfriend were arrested for burglary in a series of post office break-ins. Trapp was charged with theft from post office boxes in Athens, Haleyville, Red Bay, and Bear Creek. At that time, Russellville Police Chief Chris Hargett stated Trapp had already served time in state and Federal prisons.

By June 2010, the younger Trapp was living in Phil Campbell when he was arrested for drug possession and forgery. Last December, Trapp made front page news when he and his current wife attempted to run down a home owner who had returned and found the pair in the act of breaking and entering.

While in jail on that charge, Trapp has stabbed himself twice and cost the taxpayers over $50,000.00. Franklin County has now turned Howard Ray Trapp Jr. over to Federal Marshals. Apparently Trapp was on Federal probation related to the post office break-ins. We're sure the people of Franklin County wish the Feds had kept him.

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Is John Pilati a sex offender? The judge who presided at his trial on civil rights violations required that the former Franklin County District Attorney register as a sex offender upon his release from Federal prison. Was the judge acting within the law? That would be beyond our scope of knowledge to answer, but an appeals court has ruled that part of Pilati's sentence must stand.

Pilati claims he was merely attempting to insure those young men providing urine samples (some at Pilati's private residence) did not pull a switcheroo. If any readers are unfamiliar with the protocol of such tests, the proper way to determine that fact is by immediate temperature testing. Sorry, John, your story just sounds totally lame for a man of your intelligence.

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If you're on Facebook and have not yet friended the wonderful Whippoorwill Hollow Films, please do so now. The Sheffield based film company is shooting for 1K likes--it shouldn't be hard considering all Steve and Sheri Wiggins have done for their home town: Link



Shoalanda

Federal Sex Offenders (& Have We Learned Something!)

We love learning new things, but we're not so sure about this one. Indeed, sex offenders never come off the registry in the state of Alabama; however, John Pilati was not convicted in a state court, but a federal court. His conviction as a Tier One felon required him to register as a sex offender for 15 years. It would seem that even this short 15 year period can be reduced for an offender who doesn't repeat...and with the right attorney. The former district attorney remained on the registry for approximately five years.

Now the question remains if John Pilati will become the Franklin County School Board's appointee to the Board of Equalization...

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This brings up a question about those convicted of a federal crime. Since convicted sex offenders may come off the list, is there a similar time limit for the removal of political rights? In other words, after a set amount of time, may a convicted federal felon be allowed to vote, run for office, and carry a firearm?

As for any attorney wishing to resume a practice of law, we understand that is totally up to the bar association, at least in Alabama. We can recall one such attorney who was not readmitted after serving a state prison sentence. Others we can recall have been readmitted.

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Since just this past week produced shocking news about a Corinth daycare, now's a good time to remind parents that sexual abusers carry on under various guises. Don't hesitate to question any of your child's relationships...and don't hesitate to report your findings to authorities.



Shoalanda

John Pilati Update

From an informed reader:

(John Frederick) Pilati's reinstatement (to the Alabama bar) was denied. I heard from a reliable source that six FBI agents showed up to testify against him. I don't think the transcripts are available to the public, but if so, I bet they are interesting. 

From what I understand, he can petition every year for reinstatement, but it will now be harder due to the first denial on file and all of the opposition that was logged. And I believe he has to prove that he is worthy instead of them proving he is not. His first shot was his best chance. I don't think he was expecting as much opposition as he received.

We expect to have more on this later.

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And...

(I'm) obtaining tons of reports on life after kratom in Alabama. Countless people are being sent back to the doctor and dope house. Just as predicted. Many people who were using kratom as maintenance therapy have relapsed. God forbid people use a plant they can obtain cheaply or even grow. We know methadone and suboxone to be so safe and all.

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Be sure to catch H.D.'s latest review on Quad-Cities Cuisine:

Genghis Grill

Another Administrative Position?/Zodiac Theatre

From the TD: New Administrator at Muscle Shoals Schools

ANOTHER ADMINISTRATIVE POSITION created to accommodate???

Will MSCS hire someone experienced in Special Programs or just move another inept employee around to keep it in the "faMily"?

It will be interesting to see exactly who is put into this newly CREATED position. Will it be someone from outside the faMily that has vast knowledge and experience in the field, or just another recycled employee that can't do the job they are currently in, or maybe going to be out of?

Times Daily only lists 26 administrators. You can now add secretaries, assistants to the secretary and office personnel to the number of "administrators", MSCS has about a 1 to 80 ratio to students. If you really want to boggle your mind, count all the coaches and support employees and that employee to student ratio is more like a classroom ratio of 1 to 17.

Don't panic parents, the City Council will bail them out - with YOUR money.

On the next new position hire: Pam Russell, "It is hard to run a program when you are in meetings all day.”

Maybe MSCS would be better stewards of time and the TAXPAYERS' MONEY if they each learned their own job, rather than including other employees in their travel parties. MSCS is a "travelocityschool" with the administrators going to conferences. If the administrator can't understand the content of the meeting, the philosophy is to carry along your assistant so they can do your job (or digest the information and regurgitate it in simple terms for the struggling administrator).

Special called meetings seem to be the norm in MSCS. Recent hires of yet another Coach - Perry Swindle - and of course his wife will be coming along with a nice salary package as an administrator as well.

Exactly what does Perry Swindle's new job title entail? What is his salary? How many coaches does it take for MSCS to get it right?

Maybe Swindle will save Basden this year. Lord only knows, he hasn't been able to do it on his own.

Something that causes the average person to go hmmmmmmm.

Stay tuned for another special called meeting. You can rest assured it will be another shuffle and musical chairs game in the faMily.


Leslie M. Shoals

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From a reader:

This weekend, I had a disappointing experience going to the Zodiac Theater for a show produced by Shoals Community Theatre. The play, Sordid Lives, is a well known comedy and the director had appeared in many productions locally for the past thirty years. People in the area who had seen the production suggested it was the funniest production they had ever seen. So how could it go wrong?

It began 15 minutes before the show began. I was greeted by a very rude box office staff who seemed to treat patrons as second citizens unless they knew them personally. It seems that lines do not matter in the Shoals Community Theater. If you know someone, you can skip the line, but don’t you dare try to buy a ticket or pick up a ticket if you’re a stranger. After quite the struggle with the box office volunteers I entered the theater.

Unfortunately, due to fire in the original theater downtown, the play was moved to the Zodiac Theater. The Zodiac is a unique space converted many decades ago from a car garage into a theater. There have been no renovations since. The theater felt like it could fall in at any time and the lights were hung with no safety cables above patrons’ heads. The theater, at least that evening, was not air conditioned, and the presence of dust and mold made my allergies flourish.

The show itself was ruined before it began. Apparently, Shoals Community Theater allows infants in the theater. This would be acceptable if it were a Gingerbread production, but not at a production by the Zodiac Players. Albeit very cute, the presence of a baby in a theatre is highly distracting as she was making noise throughout the show and often held high in the air, blocking those sitting behind her.

The quality of the production was sub-par. Yes, it is a community theatre production with an all volunteer cast and crew, so production quality should not be measured against that of a professional theater. Compared to other community theater productions, though, the quality was still lacking. Having some actors amplified and others not in a tiny 150 seat theater was unnecessary. The slow pacing of the play that included 5-10 minute-long scene changes made a 2 hour show with an intermission into a nearly 3 hour show. Worse, the director clearly wanted to be on stage, overshadowing his cast by laughing heartily after each line and singing louder than the cast during musical numbers.

The price for a ticket was $15 (with a $2 unexplainable service charge for buying at the box office). For $17, one could see a number of professional quality productions across the state. This weekend, Bloody, Bloody Andrew Jackson produced by The Dane in Birmingham, for example, had a ticket campaign “A Hamilton for a Jackson,” in which tickets to the highly acclaimed musical were just $10. It featured a professional set, director, musicians, and actors in a theater similar in size to the Zodiac, but tickets were $7 less. I would like an explanation how Shoals Community Theater justifies selling tickets for $17 for a straight play in which everyone involved is an amateur. The rights and royalties are not expensive, the technical aspects of the play were not nearly professional quality, and all other production costs are minuscule compared to that of a larger musical or production at a larger theater. Where is that money going? It certainly isn’t the theater upkeep in either space.

All this to say, Florence should expect better a theatre going experience from its premier community theatre company.

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We have been asked the current status of John F. Pilati's law license. Apparently there are rumors floating around that Pilati was denied reinstatement to the Alabama Bar. Pilati was also at one time a member of the Mississippi bar. At this time we can say with certainty only that as of five o'clock this afternoon, Pilati was not a current member of either bar association. We will update this when more information is available.

Lauderdale/Colbert Superintendent Races

As with state judges, county Superintendents of Education are elected in Alabama. This year both Lauderdale and Colbert races are hotly contested, each having independent candidates attempting to unseat the incumbents. While Lauderdale County has one city system, Colbert has three, and voters residing within these city systems may freely vote in the county elections. In other words, the system has been broken from day one and is not serving the needs of families living in rural areas.

In Lauderdale, the current superintendent has only a masters degree and has been accused of favoritism. His opponent has even less education and has been accused of riding on his semi-famous father's coat tails. The Colbert election has also garnered wide attention from the voters; rumors rampant on both sides, with the race issue adding fuel to the mix.

In the four local city systems, the practice of appointing superintendents has worked well for some time. These appointed officials are free from much of the political influence that dominates the county offices and serve much longer terms. Continuity in such offices is essential for efficiency.

Each registered voter should research his/her choice thoroughly before voting, but more importantly, the voter should write his/her state congressman and senator requesting a change in the manner of County Superintendent selection. Alabama's children deserve no less.


What's up with this: Responding to a recent question, former Franklin County District Attorney John Pilati is currently residing in Seagoville Federal Prison in Texas and is scheduled for release on March 24, 2011.

Black History at the TD/Dewey Mitchell

February is Black History Month, and the TimesDaily celebrated by removing Jump Start, the only comic strip it carried to feature predominantly black characters (We’ll miss you, Pop). Also missing is Beetle Bailey. 

The replacements? Lio and Non Sequitur, the latter has always been a winner in our department, but may not have that wide appeal. The former? Lio is pretty hit or miss, but obviously appeals to those who can’t read—the TD’s main audience. Why the change out? We’re guessing money was the bottom line. The TD also replaced Ask Amy with Dear Abby Warmed Over.

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It seems that the Shoals Chamber of Commerce will now be looking for a new prexy. Perhaps this position can be filled by one from north of the Mexican border and south of the Canadian border?

So how about the now one month old vacancy in Lauderdale Circuit Court Place One? We don’t expect to see any action on that position until after the March 1st primary. William Smith faces Ben Graves in a hotly contested race for what’s commonly referred to as family court judge. We will begin making endorsements next week.

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Note to Lauderdale County Commission Chair Dewey Mitchell concerning the new Florence-Lauderdale Animal Shelter: Perhaps when the county ponies up as much funding as the city, the county may expect equal input into its planning. We’re sure that Florence officials greatly appreciated your telling them where to stick the shelter; now they may feel much more free to tell you where to stick it…

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Has John Pilati moved away from Franklin County; he is no longer showing up on the county's sex offender registry.

Franklin County Sex Offenders

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We are always happy to publish views opposing those we have advocated here. The only exception to that policy involves articles supporting violence and rape, especially those acts aimed at women and children.



Shoalanda