Fairfield, Al.
The Fairfield City Council, in an effort to exert more control over the city's Civic Center, has voted unanimously to rename the building and temporarily close Glory's Restaurant inside it.
The council also voted to put new locks on the building, which the city owns, and book all events through the City Council administrator's office instead of through the civic center's general manager.
Fairfield Mayor Kenneth Coachman, who is chairman of the Civic Center Authority authorized by the Legislature to manage the facility, said he will veto the council's actions and has ordered the Police Department to arrest anyone who tries to re-key the building.
Coachman said the council's actions are an attempt to circumvent the legislative act that created the Civic Center Authority in 1995. "They can't dissolve the authority, so they are trying to get around it," Coachman said.
Councilman Ves Marable said the City Council has spent about $1.1 million from the general fund to carry the Civic Center but has received no money from the building and has had very little oversight in its operation.
The building's new name, though not yet determined, will improve the building's image, Marable said. Closing Glory's Restaurant inside will allow the council an opportunity to explore ways to make it profitable, he said. One consideration may be to lease the restaurant, a move which would allow the city to profit from a lease agreement, he said.
"The only way that restaurant will re-open is if we are receiving money from it," Marable said.
Marable said he contacted other civic centers in the area, such as those in Pelham and Bessemer, and found that proceeds from city-owned buildings go to the city coffers, something that does not happen in Fairfield.
Marable said all previously booked events at the building will be honored. The council will allow the authority to perform whatever services it has promised to parties who have booked the facility, he said.
The changes approved by the council, if implemented, would effectively put civic center manager Johnnie Wyatt's job in limbo, as well as those of other civic center employees.
Calvin Biggers, attorney for the Civic Center Authority, said the council's actions were ill-advised and put the building in a precarious situation. Biggers said he was concerned about the practical application of the council's actions for several reasons.
The restaurant is used to cater events, and closing the kitchen could be problematic, he said. Other issues to consider include promotion of the building and staffing of events, Biggers said. "This has not been well thought out."
Wyatt declined comment about the council's actions.
Glory's and its buffet had been opening only on Sundays since Aug. 28 as part of cost-cutting measures to help the authority pay back taxes on the building. The kitchen was still being used to cater events, Wyatt said.
Councilman F.D. Scott, who had been appointed to the authority, resigned his seat on the board on Friday. Scott said he voted in favor of the recommendations Thursday because the city has had no control over what has been taking place at the building.
Despite serving on the authority, financial information has not been made available to him, Scott said.
"My main focus is this needs to be done right," Scott said. "We're financially strapped as a city. It makes no sense to keep taking money from the general fund -- taxpayer money -- and spending it up there without having any say in how the money is spent."
Sunday, September 18, 2011
Mobile man gets 10 months in prison for forging bankruptcy judge's signature
MOBILE, Alabama
A Mobile man who forged a bankruptcy judge’s signature on a document that he submitted in a child support case must go to prison for 10 months, a federal judge in Mobile ruled last week.
James Clayton Gibson, 41, apologized for his conduct, calling it “wrong and stupid.” His lawyer, Andrew Jones, said that his client panicked at the prospect of being held in contempt for failing to pay child support.
A Mobile man who forged a bankruptcy judge’s signature on a document that he submitted in a child support case must go to prison for 10 months, a federal judge in Mobile ruled last week.
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| James Clayton Gibson |
“In my opinion, it was borne of fear. People act irrationally sometimes when they’re afraid. I think that’s what happened here,” Jones said.
Gibson admitted in May that he submitted documents to Mobile County Circuit Court containing a forged signature of U.S. Bankruptcy Judge William Shulman. The documents falsely indicated that Gibson was involved in a bankruptcy case, which would have halted the state court hearing.
As a result of the forgery, Mobile County Circuit Judge George Brown dismissed the contempt motion that Gibson’s ex-wife had filed against him, according to court records.
Shulman told U.S. District Judge Ginny Granade last week that this was the first time that someone had forged his signature on a legal document.
Assistant U.S. Attorney Christopher Bodnar urged Granade to punish Gibson according to advisory sentencing guidelines.
“I don’t doubt this was a moment of irrational thought. It looks like this was thrown together at the last minute,” he said. “However, the forging of a judge’s order is serious business.”
Granade expressed sympathy for the apprehension that Gibson felt about appearing for the contempt hearing. But she added, “I don’t know of any litigant who isn’t apprehensive in that situation.”
Granade said that a “slap on the hand” would be insufficient, and she denied a request that the defendant be able to serve some of the time under house arrest.
Mistrial declared in Baldwin County rape, sex abuse case
BAY MINETTE, Alabama
A hung jury led to a mistrial for a Pensacola man accused of sexually assaulting two girls in 2008.
After deliberating for several hours Thursday in the case against Travis Todd Carter, jurors informed Baldwin County Circuit Judge Charles Partin that they were deadlocked. After being sent back for further talks, jurors told Partin today they were deadlocked and the judge declared a mistrial.
Carter, 21, faces one count of first-degree rape and one of first-degree sexual abuse in the assaults on the girls, who were both 10 years old at the time, according to court records.
A new trial will take place at a later date.
A hung jury led to a mistrial for a Pensacola man accused of sexually assaulting two girls in 2008.
 |
| Travis Todd Carter |
Carter, 21, faces one count of first-degree rape and one of first-degree sexual abuse in the assaults on the girls, who were both 10 years old at the time, according to court records.
A new trial will take place at a later date.
New Hope woman killed in accident
OWENS CROSS ROADS, Alabama
A 55-year-old woman, Susan Miller of New Hope, was killed in an accident at the intersection of U. S. 431 and Wilson Mann Road Sunday at 10 a.m.
HEMSI rushed the victim to Huntsville Hospital where she died from her injuries sustained in the crash, said HEMSI Chief Operating Officer Officer Don Webster.
She was alone in her vehicle, said Webster, but he did not know if another vehicle was involved in the crash.
Owens Cross Roads Police Department worked the accident but no one was available to provide further details.
A 55-year-old woman, Susan Miller of New Hope, was killed in an accident at the intersection of U. S. 431 and Wilson Mann Road Sunday at 10 a.m.
HEMSI rushed the victim to Huntsville Hospital where she died from her injuries sustained in the crash, said HEMSI Chief Operating Officer Officer Don Webster.
She was alone in her vehicle, said Webster, but he did not know if another vehicle was involved in the crash.
Owens Cross Roads Police Department worked the accident but no one was available to provide further details.
Birmingham police are investigating apparent homicde in Wylam
BIRMINGHAM, Alabama
Birmingham police this afternoon are investigating an apparent homicide in Birmingham's Wylam neighborhood.
Police were called to 1221 Gulfport St. at about 3:30 p.m., where they found the body of a man behind a vacant house at that address. The man appears to have been shot, police said. At least one homicide investigator has arrived on the scene.
No other details are available at this time. We will update as details are released.
Police have Gulfport Street and the alley behind the house blocked off.
Police were called to 1221 Gulfport St. at about 3:30 p.m., where they found the body of a man behind a vacant house at that address. The man appears to have been shot, police said. At least one homicide investigator has arrived on the scene.
No other details are available at this time. We will update as details are released.
Police have Gulfport Street and the alley behind the house blocked off.
Wetumpka woman, 24, dies in Montgomery wreck, city's 13th traffic fatality
MONTGOMERY, Alabama
Police say a Wetumpka woman died in a collision this morning at 3:33 a.m. in a two-vehicle accident at Vaughn Road and East Boulevard.
The driver of a silver Ford Focus, Rachel Ryals, age 24 of Wetumpka, was traveling south on the East Boulevard. Ryals was pronounced dead on the scene of the accident and a passenger in her car was transported to Baptist South's Emergency Room with minor injuries.
A second vehicle, a Ford pickup driven by Kenneth Cox, age 52 of Montgomery, was making a left turn from the northbound turn lane of the East Boulevard onto Vaughn Road.
Montgomery police say an investigation indicates the Focus entered the intersection and was struck in the driver's side door by the truck as the truck was turning onto Vaughn Road.
It was the 13th traffic fatality in the city for the year, according to police Capt. Mark Drinkard.
Police say a Wetumpka woman died in a collision this morning at 3:33 a.m. in a two-vehicle accident at Vaughn Road and East Boulevard.
The driver of a silver Ford Focus, Rachel Ryals, age 24 of Wetumpka, was traveling south on the East Boulevard. Ryals was pronounced dead on the scene of the accident and a passenger in her car was transported to Baptist South's Emergency Room with minor injuries.
A second vehicle, a Ford pickup driven by Kenneth Cox, age 52 of Montgomery, was making a left turn from the northbound turn lane of the East Boulevard onto Vaughn Road.
Montgomery police say an investigation indicates the Focus entered the intersection and was struck in the driver's side door by the truck as the truck was turning onto Vaughn Road.
It was the 13th traffic fatality in the city for the year, according to police Capt. Mark Drinkard.
Debate on copycat marijuana spicing up
Montgomery, Al.
Convenience stores, gasoline stations and other shops across Alabama have the green light to sell a crumbled, dried plant laced with synthetic cannabis to people of all ages.
Buyers of all ages may use the flavored potpourri known by such names as Spice, MF or Coma Candy as a fragrance. Most, however, smoke it to get high off a synthetic chemical that producers spray on the dried plant, which is similar in composition to marijuana.
Law enforcement officers pushing to regulate Spice say its effects may be stronger than marijuana, with longer-lasting and potentially more dangerous side effects.
State Health Officer Dr. Don Williamson has called a public hearing on Spice for 9:30 a.m. Monday at the state Capitol auditorium in Montgomery.
Williamson said he needs to determine whether the state Public Health Department can ban Spice — at least long enough for the Legislature to consider a new law.
Alabama Alcoholic Beverage Control Board enforcement officers, including Chris Proctor, are working with police departments in cities such as Moulton and Red Bay that want local bans. Council members in Red Bay will consider that city’s proposal Monday night.
Williamson said he needs more than anecdotal evidence to determine if he can ban sales of the substance through regulation.
“Apparently, it’s easy to modify the chemical that is similar — but not identical — to cannabis, which is a controlled substance,” Williamson said.
As a doctor, Williamson said the side effects he hears about are troubling.
“It is especially troubling to think young teens are using it,” Williamson said. “Their brains work differently from when they are older. They perceive risk differently. As they get older, they are less likely to take those risks.”
Dave Peacock, an ABC enforcement attorney, said the agency wants the substance banned statewide. He said ABC officers reportedly see lots of Spice in convenience stores where the agency regulates beer and wine sales across the state.
Legislation previously outlawed the chemical that is used in Spice to cause a high, but manufacturers changed the chemical slightly so it is legal again, Peacock said.
“There is no visual way to tell the difference between Spice and legal potpourri, and that is part of the problem,” Peacock said.
Identifying the good from the bad potpourri requires chemical analysis at the extremely busy state lab at Alabama Department of Forensic Sciences, which is already limping along on a tight budget.
Red Bay Police Chief Janna Jackson said her department initially encountered Spice a year ago in a $1,000 shipment of bath salts somebody brought to town from a Florida company to sell locally. A state ban on sale or possession of the chemical in hallucinogenic bath salts had just taken effect.
“Then we found out a convenience store (in Red Bay) was selling Spice under the counter,” Jackson said.
Jackson said she asked the convenience store owner to voluntarily stop selling it. The owner, who was not violating any state or local law, agreed to stop selling that day even though it was popular with customers.
“He was very nice about it,” said Jackson, noting the “little bitty black and purple bags” sold for about $25 each.
Jackson asked the City Council to pass an ordinance banning the use, sale or delivery of Spice in Red Bay and drafted the ordinance the council will consider Monday. She said the Cordova City Council already passed an ordinance to ban Spice.
Moulton Police Chief Lyndon McWhorter said he adapted Jackson’s proposal for Moulton. He said he hopes to present it to the City Council after the city attorney reviews it.
McWhorter said he’s seeing evidence of driver impairment among people who smoke Spice and then drive.
“I stopped one man for a tag violation and his speech was slurred,” McWhorter said. “I asked him if he’d been smoking pot. He said no, and pulled a package of Spice that he said he was smoking out of his pocket.”
The man passed a field sobriety test at the site that showed he was “not under the influence,” so McWhorter sent him on his way.
“It wasn’t illegal,” McWhorter said.
Several convenience stores in the area sell Spice, and because it’s legal, even young teens can buy it, McWhorter said. “I’m a parent of an 11 year old and that bothers me,” he said.
Limestone County Sheriff Mike Blakely said Spice is a problem in his county and around the state. At a recent meeting of the Alabama Sheriff’s Association, Blakely said the group voiced support of a statewide ban.
Like McWhorter, Blakely said he is concerned about people who use Spice and then drive.
“I don’t see how you could drive well if you’re under its influence,” he said.
Convenience stores, gasoline stations and other shops across Alabama have the green light to sell a crumbled, dried plant laced with synthetic cannabis to people of all ages.
Buyers of all ages may use the flavored potpourri known by such names as Spice, MF or Coma Candy as a fragrance. Most, however, smoke it to get high off a synthetic chemical that producers spray on the dried plant, which is similar in composition to marijuana.
 |
| copycat marijuana |
State Health Officer Dr. Don Williamson has called a public hearing on Spice for 9:30 a.m. Monday at the state Capitol auditorium in Montgomery.
Williamson said he needs to determine whether the state Public Health Department can ban Spice — at least long enough for the Legislature to consider a new law.
Alabama Alcoholic Beverage Control Board enforcement officers, including Chris Proctor, are working with police departments in cities such as Moulton and Red Bay that want local bans. Council members in Red Bay will consider that city’s proposal Monday night.
Williamson said he needs more than anecdotal evidence to determine if he can ban sales of the substance through regulation.
“Apparently, it’s easy to modify the chemical that is similar — but not identical — to cannabis, which is a controlled substance,” Williamson said.
As a doctor, Williamson said the side effects he hears about are troubling.
“It is especially troubling to think young teens are using it,” Williamson said. “Their brains work differently from when they are older. They perceive risk differently. As they get older, they are less likely to take those risks.”
Dave Peacock, an ABC enforcement attorney, said the agency wants the substance banned statewide. He said ABC officers reportedly see lots of Spice in convenience stores where the agency regulates beer and wine sales across the state.
Legislation previously outlawed the chemical that is used in Spice to cause a high, but manufacturers changed the chemical slightly so it is legal again, Peacock said.
“There is no visual way to tell the difference between Spice and legal potpourri, and that is part of the problem,” Peacock said.
Identifying the good from the bad potpourri requires chemical analysis at the extremely busy state lab at Alabama Department of Forensic Sciences, which is already limping along on a tight budget.
Red Bay Police Chief Janna Jackson said her department initially encountered Spice a year ago in a $1,000 shipment of bath salts somebody brought to town from a Florida company to sell locally. A state ban on sale or possession of the chemical in hallucinogenic bath salts had just taken effect.
“Then we found out a convenience store (in Red Bay) was selling Spice under the counter,” Jackson said.
Jackson said she asked the convenience store owner to voluntarily stop selling it. The owner, who was not violating any state or local law, agreed to stop selling that day even though it was popular with customers.
“He was very nice about it,” said Jackson, noting the “little bitty black and purple bags” sold for about $25 each.
Jackson asked the City Council to pass an ordinance banning the use, sale or delivery of Spice in Red Bay and drafted the ordinance the council will consider Monday. She said the Cordova City Council already passed an ordinance to ban Spice.
Moulton Police Chief Lyndon McWhorter said he adapted Jackson’s proposal for Moulton. He said he hopes to present it to the City Council after the city attorney reviews it.
McWhorter said he’s seeing evidence of driver impairment among people who smoke Spice and then drive.
“I stopped one man for a tag violation and his speech was slurred,” McWhorter said. “I asked him if he’d been smoking pot. He said no, and pulled a package of Spice that he said he was smoking out of his pocket.”
The man passed a field sobriety test at the site that showed he was “not under the influence,” so McWhorter sent him on his way.
“It wasn’t illegal,” McWhorter said.
Several convenience stores in the area sell Spice, and because it’s legal, even young teens can buy it, McWhorter said. “I’m a parent of an 11 year old and that bothers me,” he said.
Limestone County Sheriff Mike Blakely said Spice is a problem in his county and around the state. At a recent meeting of the Alabama Sheriff’s Association, Blakely said the group voiced support of a statewide ban.
Like McWhorter, Blakely said he is concerned about people who use Spice and then drive.
“I don’t see how you could drive well if you’re under its influence,” he said.
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