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Sunday, September 11, 2011

Gulf Shores car break-in cases to be reviewed by grand jury

BAY MINETTE, Alabama 
A Foley man who was found hiding in a house after a six-hour search in July following a string of vehicle break-ins in Gulf Shores will have his cases heard considered by a grand jury.
Kacey Griffin
Kacey Griffin, 23, faces five charges of breaking and entering a vehicle in addition to an attempting to elude police charge and one count of second-degree theft of property after Judge Jody Bishop found there probable cause in the cases at a preliminary hearing Thursday. Bishop dismissed another theft charge along with charges of resisting arrest and third-degree burglary. The break-ins were reported in a Gulf Shores condominium complex.
According to testimony, Griffin fled when spotted by police investigating a several car break-ins at Magnolia Bay condominiums.
Gulf Shores police arrested Griffin after a search that involved tracking dogs, a state helicopter and four police departments. He was found hiding in an unoccupied house, police said. Searchers recovered Griffin’s wallet, which he apparently lost in the woods during the chase and with which authorities were able to identify him, according to testimony.
Griffin had been staying in the complex with two other men, according to police testimony. After learning about the incident, the men went through Griffin’s suitcase and found a bag that they turned over to authorities. The bag contained items later determined to have been taken from the vehicles, a police officer said.
Griffin remained in the Baldwin County Corrections Center in Bay Minette on Friday without bail, jail records showed.

Huntsville-based business is No. 10 on Inc. list of fastest-growing private U.S. companies

HUNTSVILLE, Alabama
Glenn Baeske/The Huntsville Times
A simple sign bearing the company's name marks the corporate headquarters of Connected Logistics. Inside the suite in Building 2 at Progress Center, you won't find a fancy lobby and no-frills offices are standard here, even for CEO Forrest Burke.
This is the same company that was just ranked 10th on Inc. magazine's 2011 list of the 500 fastest-growing private companies in the country.
"It's one of the biggest firms in Huntsville nobody has heard of," says Burke. "But that's OK."
The rewarding part of the work, he said, isn't the remarkable growth or the accolades, but "having soldiers thank you because they got their supplies faster."
Connected Logistics, a service-disabled, veteran-owned small business, works with government and corporate clients in designing and managing complex, large-scale supply chain and information networks. Among its customers are the Department of the Army, Army Materiel Command, Program Executive Office Enterprise Information Systems, Defense Logistics Agency and large federal contractors.
"We help government migrate to cloud computing," Burke said. "It allows you to implement software changes more quickly at lower costs and allows you to manage user activity and defend the network more consistently."
The company's mission: "Making the soldier's life easier by dealing with a complicated supply chain in innovative ways -- with better software, better networks, better analytics."
The company has found a niche, Burke said, "at the intersection of logistics and networking."
And that niche helped the company earn its spot on the Inc. list. The firm had a three-year growth rate of 10,112 percent, with revenue climbing from $121,000 in 2007 to $12.36 million in 2010. It was the top growth firm in Alabama.
"We figured we'd be in the top 50," Burke said. The No. 10 ranking was a surprise.
Connected Logistics is on track to nearly double its revenue again this year, he said. "And what we have in bookings for next year" represents a 50 percent increase.
Burke retired in 2007 after a 20-year career in the Army - culminating in an assignment as chief technology officer for the Army's deputy chief of staff for logistics, responsible for the capital planning and integration of business networks for the Army.
That same year, he founded the company in Huntsville, where he had lived in the mid-'90s. For several years, he was an aide to former Redstone Arsenal commander James Link.
"I fell in love with Huntsville," said Burke, 45, a Boca Chica, Fla., native who grew up in Montgomery. "This is a superb place to live and work; you're surrounded by incredibly talented and creative people."
The company grew steadily over the years, and there are now just over 60 employees companywide, with plans to hire another dozen. "There are also another 35 to 40 independent consultants helping us," he said.
The majority of the company's engineers, he said, are in Springfield, Va., supporting two of the largest IT programs in the Army - the Army Enterprise Systems Integration Program (AESIP) and Power Projection Enablers (P2E), the Army's cloud computing program.
"Most small business owners will tell you the people they hire make the difference" in their success, said Burke. "We've been incredibly fortunate to hire some very talented people," who were willing to join a young company.
Connected Logistics' Inc. ranking just shows that small companies can survive and even thrive in a tough economy.
"It boils down to lower costs," Burke said. "We're smaller, so we don't have as many hierarchies. As government contracts, we're in a position to provide more responsive services because leadership is closer to the client.
"Sometimes smaller is better."

Baldwin County grand jury to hear Bay Minette meth case

BAY MINETTE, Alabama 
The case against a Bay Minette man who alerted police to a methamphetamine lab is headed to a grand jury.
At a preliminary hearing Thursday, Presiding District Judge Jody Bishop determined that evidence in the case against Edward Cain should be heard by a grand jury. Cain faces one charge of first-degree unlawful manufacturing of a controlled substance.
Cain
According to testimony, Cain, 47. alerted police about a meth lab that he said he discovered in his home in July. He told police he moved the items to a dog house to get them away from his home and blamed David Craig, a man who had been staying at the residence, for the lab, according to police testimony.
Cain told police he admitted to purchasing Sudafed to give to Craig for processing, but denied knowing that meth was being made in his house, an officer testified. Cain was arrested July 27 and later released on $25,000 bail.
Craig, arrested last month, claimed the lab belonged to Cain, according to police testimony.
Baldwin County Corrections Center records showed that Craig, 39, of Bay Minette, remained jailed Friday on charges of possession of a controlled substance, possession of drug paraphernalia, resisting arrest and traffic charges. His bail totaled $7,250, jail records showed.

Man dies in early morning shooting at Dauphin and Jackson streets

MOBILE, Alabama
Mobile police are investigating an early Sunday morning homicide that occurred at or near the intersections of Dauphin and Jackson streets, according to police spokeswoman Ashley Rains.
At about 3:15 a.m., Rains said in an email to news media this morning, officers responded to the area after it was reported shots had been fired.
When they arrived on the scene, Rains said, officers found Darryl Antonio Casher, 26, shot in the chest. Casher was transported to Mobile Infirmary where he succumbed to his wounds.

Rains said, "If anyone has information in regards to this case, please call Mobile Police at 208-7211, Crime Stoppers at 208-7000 or text to CRIMES (274637) and include the keyword CRIME 411."

Rogers: 'We will always overcome adversity'

Rep. Mike Rogers
By: U.S. REP. MIKE ROGERS, R-ALA.
On the morning of Sept. 11, 2001, life in America changed forever.
It was a day filled with shocking, evil acts and horrific scenes as planes struck important buildings in big and iconic cities across the northeast. Another plane was brought down by the heroic actions of its passengers in a rural Pennsylvania field.
It remains a day that stays at the forefront of my mind as I work to serve you here in Washington. As we reach the 10th anniversary of the tragedies of 9/11, I hope all of us across East Alabama and America will reflect on that devastating day, remembering the families of the almost 3,000 lives lost that day at the Twin Towers in lower Manhattan, that rural field in Pennsylvania and the Pentagon in our nation's capital.
I hope we all remember the swelling pride for the U.S.A. that was evident across the country.  American flags dotted every downtown and every front porch. Since those attacks on United States soil, strengthening our national security has remained a top priority for America.
The Department of Homeland Security was formed after the 9/11 attacks and the experience of traveling — particularly by airplane — has changed significantly. The debate continues today on what exactly should be the screening process for air passengers and what kinds of intelligence are Transportation Security Administration officials looking for as they screen the public.
In 2005, I joined the House Homeland Security Committee. Today, as the chairman of the Transportation Security subcommittee, my focus remains on increasing the security of our traveling public and working to ensure that commerce moves as freely and safely as possible in the air, on trucks and buses, in pipelines and on our railroads. In these uncertain economic times, we must not lose our focus on keeping our nation safe from those who wish us harm.
Our country has gone through many challenges over the past decade, but just as the American people have proved in decades past, we are a resilient people and resilient country, and we will always overcome adversity. A decade later, let's continue to pray for our country and honor the innocent Americans who lost their lives in the attacks on Sept. 11. Let's also continue to pray for Americans serving overseas in uniform, and for their safe and speedy return home.
Rep. Mike Rogers, R-Saks, represents Alabama’s 3rd Congressional District in the United States House of Representatives.

Prescription drugs scarce in Birmingham

BIRMINGHAM, Alabama
Birmingham-area hospitals and pharmacies are facing critical shortages of drugs used to combat cancer and other serious diseases, a situation that poses risks for patient health and could boost costs.
Drug shortages in Alabama and across the nation are forcing doctors and pharmacists to find alternative drugs or tell patients they can't be treated on time. And even if they find a different medicine that works, studies show that the shortages can increase the risk of errors, near mistakes or adverse drug effects.
"It just puts clinicians in a quandary because they can't effectively manage their patients," said Maisha Kelly Freeman, professor of Samford University's McWhorter School of Pharmacy and director of the school's Global Drug Information Service.
The shortages are being caused by a variety of factors such as raw material quality concerns, drug recalls, natural disasters and regulatory issues, Freeman said. Shortages vary, and while some are medicines for attention deficit disorders or high blood pressure, others are used in chemotherapy.
According to a study by Premier, a Charlotte-based alliance of health care providers, more than 240 drugs were in short supply or completely unavailable in 2010 -- more than triple the number in 2005.
According to the U.S. Food and Drug Administration, about 180 drugs are in short supply this year. That includes antivenin for black widow spider bites and a vaccine for hepatitis B. Others include the muscle relaxant succinylcholine used in surgery and an epinephrine injection used in cardiac emergencies.
Last month, UAB Hospital received word from Johnson & Johnson that the manufacturer wouldn't be shipping Doxil, a medicine used to treat ovarian and breast cancer, on time. The hospital said it had been able to find the drug when other large academic medical centers couldn't, but it informed the 19 patients in various stages of treatment that it wouldn't have the drug available as of Aug. 29.
The FDA says Doxil is in short supply because of manufacturing delays, and a distributor of the drug said it will be more widely available in the last three months of this year. UAB said "careful purchasing and prescribing practices" allowed it to continue treating patients on Doxil after Aug. 29.
"We will continue to work with our medical suppliers, manufacturers and the Food and Drug Administration to ensure patients receive proper care," UAB Hospital Chief Executive Officer Michael Waldrum said.
On Aug. 5, a unit of Johnson & Johnson issued a "Dear Healthcare Provider" letter advising physicians of the Doxil shortage. The letter explained that the remaining medicine will go to patients already using Doxil.
"We continue to recommend that you do not start any new patients on Doxil until adequate supply becomes available," the letter said.
Other hospitals have faced similar problems. Alabama Hospital Association Executive Director Rosemary Blackmon said she's heard of shortages of various medicines around the state, including a situation where a person went in for chemotherapy but was sent home until the hospital could find more of the drug.
"What we found is that the pharmacists at hospitals have done a really great job of networking with each other," she said.
According to a recent survey of 820 hospitals by the American Hospital Association, almost all reported shortages in the past six months, and nearly half reported at least 21 shortages during the same period.
Hospitals in Birmingham including UAB, Trinity Medical Center and Children's of Alabama say they're taking creative routes to get patients what they need, such as borrowing and lending drugs among each other.
Patients affected by the drug shortages declined to be interviewed.
And while some hospitals say they haven't had to pass on costs to patients, it can be an economic issue. According to a survey by the American Society of Health-System Pharmacists and the University of Michigan Health System, labor costs associated with shortages equate to about $216 million nationally. Labor costs include staff time needed to find and research alternate drugs and determine proper dosages.
As doctors scramble to treat patients, third parties are racing to turn a profit. These groups, known as "gray market vendors," buy up drugs in short supply and sell them at "exorbitant price mark-ups," according to a report last month by Premier.
"And in certain cases, the drugs being offered may be counterfeit, stolen, ineffective or unsafe," the report said.
Premier said the highest mark-up from these "gray markets" was 4,533 percent above one drug's normal cost. In that case, Labetalol, a medicine used to treat high blood pressure, that normally cost $25.90 was offered for $1,200. In an analysis of 1,745 unsolicited offers from "gray market" vendors to hospitals, the average mark-up was 650 percent for drugs to treat critically ill patients, according to the report.
Birmingham-area retail pharmacies are also frustrated by the shortages.
Johnny Brooklere, partner and pharmacist at Brooklere Pharmacy in Alabaster and Adamsville Pharmacy in Adamsville, said drugs typically readily available can be hard to find these days. Brooklere, who's been in the pharmacy business since 1985, said the situation is the worst he's seen.
"It's been unusual," Brooklere said. "Usually if anything's short it's kind of an odd medication or things that are not so popular, but this year it's some very popular things and in multiple strengths. It's just wreaking havoc. I've never seen anything like it."
For the Bessemer-based American Pharmacy Cooperative Inc., which has about 1,600 pharmacies in 23 states, shortages have forced the organization to pay more for rare or alternative drugs. Moreover, insurance companies have been slow to change their pricing models to accommodate drug switches, which slows reimbursements to the pharmacists.
That creates a "huge cash flow issue" for pharmacies, with the end result being higher prices for patients, said Kenny Sanders, APCI's vice president for professional affairs.
There are some things the FDA says its can do to mitigate shortages and help doctors manage their medicines. When a shortage is discovered, the FDA can work with the manufacturer to address risks to patients and restore supplies, the agency said on its website.
Bipartisan bills in the U.S. House and Senate would, if passed, create an early warning system to alert the FDA about manufacturing problems or when a drug will be discontinued. However, right now the FDA can step in only if the manufacturer is the sole company producing a certain drug, said Melanie Smith, director of pharmacy at Children's of Alabama.
With a record number of shortages in 2010 and a higher amount this year, Smith said there doesn't seem to be a clear solution.
"It's been trending worse over the year," she said.

What's next for Trinity Medical Center's move to U.S. 280?

Q. What is a certificate of need?

A. Like more than a dozen other states, Alabama requires state approval for significant changes in medical services. The State Health Planning & Development Agency's Certificate of Need Review Board reviews applications and issues certificates of need, allowing hospitals to expand, move or add services.
One year after state regulators approved Trinity Medical Center's plans to leave its Montclair Road campus and move into the unfinished HealthSouth hospital on U.S. 280, three hospitals have spent millions of dollars fighting over the proposal and lawyers are preparing for a very public showdown.
The Alabama Court of Civil Appeals next month will hear oral arguments in the case in an auditorium at Samford University, likely before a large crowd of students, lawyers and the curious public.
Health care management experts and some attorneys associated with the case said they believe it to be the most protracted certificate of need battle in Alabama history, and among the most lengthy ever nationally.
That's really saying something, said John Lowe III, director of the graduate program in health care administration at Simmons College in Boston.
"CON seems a bigger deal in Alabama than other states," he said. "But only because competitors in some growing markets can use the CON process to stymie competition and subvert the marketplace."
While the fight over Trinity's plan has gone on for about three years, it's not clear whether an end is in sight.
At issue in the Oct. 6 hearing at Samford's Cumberland School of Law will be a fight over evidence, said St. Vincent's Medical Center attorney David Hunt and Brookwood Medical Center attorney Jim Williams.
St. Vincent's and Brookwood have argued that Trinity improperly withheld evidence in the case, and in March a special Circuit Court judge appointed specifically to hear the case ordered it sent back to regulators so the evidence could be considered.
Trinity's attorneys, who appealed to the Court of Civil Appeals, have argued that the evidence was considered and have said the battle over it is a delaying tactic. That's a charge the opposition calls ironic.
"They're really the ones causing the delays," said St. Vincent's Hunt. "If they'd just turned over the evidence, I think we'd be done with this."
Trinity first announced plans to relocate in 2006, when it said it intended to build a $316 million hospital in Irondale. Two years later it shifted gears, announcing that it instead wanted to move into the unfinished HealthSouth hospital on U.S. 280, a move it said would cost it about $36 million less and put it in the heart of the fast-growing 280 corridor. HealthSouth stopped construction on the facility in 2005, after its billion-dollar accounting scandal came to light.
The state's Certificate of Need Review Board, the regulatory agency that must approve major hospital projects, overruled objections lodged by Brookwood and St. Vincent's and granted Trinity permission to proceed on Sept. 15 of last year.
Brookwood and St. Vincent's took the fight to court last December, arguing that the new U.S. 280 Trinity would cost them tens of millions of dollars in lost business and that Trinity misled regulators by pursuing the U.S. 280 site even as they finalized the deal for an Irondale hospital.
The evidence at issue in next month's hearing is related to the Irondale deal, Brookwood and St. Vincent's attorneys have said.
Keith Granger, Trinity chief executive officer, argues that the opposition to the relocation plan has no real merit and is taking advantage of a CON system that lacks safeguards implemented in some other states. Some states with a CON system require project opponents to post large bonds before they can be heard. Some also automatically send appeals to higher courts in an attempt to speed up the process.
"It certainly feels like the delay has been prolonged due to the actions of our opponents on this project," Granger said.
He said he doesn't know how much Trinity has spent on litigation as the case has risen through the courts. But those costs ultimately come from just one place, he said.
"Those costs have to be borne out of the revenues that are being generated. There's no question that .¤.¤. it is a cost for each of the facilities," Granger said of the cost of litigation to Trinity, Brookwood Medical Center and St. Vincent's Medical Center.
Williams, the Brookwood attorney, said the Oct. 6 hearing could have any number of outcomes. Should a panel of judges rule in favor of Brookwood and St. Vincent's, the case likely will be sent back to an administrative law judge, to hear more evidence. That judge then would make another recommendation to regulators.
Whatever the ruling, said Trinity attorney Colin Luke, the case is likely to ultimately end up before the Alabama Supreme Court, where a decision likely would definitively end a dispute that Trinity has said is costing it $1 million a month, has delayed the creation of "thousands" of construction jobs and created an avalanche of legal filings, including 160 in the last year.
While nobody knows how the case will play out before the appeals court and before the Supreme Court should it end up there, Simmons College's Lowe said he believes one side has a clear advantage.
"It's likely Trinity will prevail in the long run and will have spent plenty to get there," he said.