MONTGOMERY, Al.
The Alabama Senate this afternoon approved a junked-up "monstrosity" of a bill to tie legislators' pay to the median household income in Alabama.
Senators voted 28-6 for the proposed constitutional amendment after tacking on multiple add-ons including that a 2007 pay raise would be repealed immediately, lawmakers would forfeit pay in times of high unemployment, and legislators would have to reimburse the state if they accepted a controversial 2007 pay raise.
Senators in favor of the bill said they weren't even sure if all the changes were constitutional.
"What came out today was a monstrosity that we want to correct in conference committee," Senate President Pro Tempore Del Marsh, R-Anniston, said.
"The House is not going to concur with this. I'm going to beg them not to concur with this. We are going to send it to conference and fix it in conference," Marsh said.
The original proposal would change the way lawmakers are paid, giving them a base salary equal to the state's median household income. Additionally, they would be paid a daily expense allowance and mileage, identical to what state employees get, to cover travel expenses to Montgomery.
Lawmakers currently earn a minimum of $53,388 each year. The U.S. Census Bureau estimated the state's 2010 median household income at $40,474.
Under the new proposal, a lawmaker who lived 128 miles from Montgomery, for instance, would make about $45,980, according to an estimate from the Legislative Fiscal Office.
The proposed change is a constitutional amendment that would take effect immediately after the 2014 general election if voters approved it.
The bill comes after a much-criticized pay raise that lawmakers approved in 2007 without a recorded vote. The 61-percent pay raise included automatic cost-of-living adjustments.
But senators engaged in a type of political race of who could be more in favor of slashing legislative pay.
Sen. Roger Bedford, D-Russellville, accused Republicans of presenting a "Trojan Horse," noting the bill would not repeal the 2007 raise immediately and it would stay in place if voters voted down the proposed constitutional amendment
Bedford put on an amendment that lawmakers would forfeit their pay any time the state's unemployment rate crept above 5.2 percent, saying lawmakers should follow the governor's example.
Marsh said some of the opposition was a "show" and countered with an amendment of his own that lawmakers would have to give back any pay raise they took if they were in office when the 2007 raise was approved. Marsh said he didn't take the pay raise.
"I've withstood as much hypocrisy as I can for one day," Marsh said.
Tuesday, April 17, 2012
Summer Moody case: Three teens involved in Gravine Island shooting charged as adults
BAY MINETTE, Al.
Three 17-year-olds involved in the Gravine Island shooting have been charged as adults with first-degree burglary, according to a news release from Baldwin County Sheriff Huey "Hoss" Mack.
Scott Tipton Byrd and Dillon Wade Tyree, both of Stapleton, and Daniel Parnell of Bay Minette were booked into the Baldwin County Corrections Center late Tuesday afternoon, according to authorities, after the investigation indicated they had a weapon when the alleged burglaries on Gravine occurred. The three had initially been charged as juveniles with a lesser offense. A person accused of carrying a weapon during a burglary can be charged with first-degree burglary, a crime with a maximum penalty of life in prison
Another 17-year-old, Summer Moody, was shot in the head during the incident that occurred about 4 a.m. Sunday in the Tensaw River Delta in north Baldwin. Mack described the incident as a case in which "all the circumstances that could go bad, went bad."
Baldwin County District Attorney Hallie Dixon said information gathered so far in the investigation led to the upgraded charges.
"The charge of first-degree burglary includes the additional element of entering a dwelling with a weapon or dangerous instrument," Dixon said in an email statement. "Alabama law provides that young people older than age 16 who are charged with a Class A felony involving a deadly weapon must be charged as adults and tried in adult court.
"With regard to the fishermen who were alleged to have fired the shot that critically injured the high school girl," Dixon said, "no charges are forthcoming at this point."
In answer to questions regarding whether charges might eventually be filed against Moody upon her recovery, Dixon said, "I do not want to speculate on such things at this time. This is an incredibly tragic event for all concerned, for the young woman fighting for her life in the hospital, her parents, and the men who fired the shot that injured her."
Summer Moody remains in critical condition
Moody was in critical condition Tuesday in the University of South Alabama Medical Center, Robert Stankoski, a lawyer for her family, said.
"Summer’s medical condition is they will know a little bit more in the next 24 hours. It’s my understanding that the first 72 hours in any shooting victim is the most important and crucial medical timetable, so the doctors will continue to monitor her condition. They don’t really know if she’s getting any better or any worse right now," Stankoski said. "She’s not responsive right now. She’s on a ventilator, but they don’t really know if that’s required or not. They’re still continuing to monitor her condition and hope she does get better."
Moody was shot after two men at the scene each fired a shot from small-caliber rifles after they heard the group. The girl was the only person hit by a bullet, according to Mack.
Vandalism an ongoing problem on Gravine Island
Baldwin County property records show three people owning parcels on Gravine Island.
The Press-Register contacted one current and one previous landowner, who for more than 20 years had a camp on the three interior parcels along Gravine Basin where Moody was shot. That landowner sold the last parcel three years ago. While both said they spent many happy hours on the river while raising their families, they also lamented that vandalism was an ongoing problem. They both said the incidents they remembered occurred when their camps were unoccupied.
Baldwin County Chief Deputy Charlie Jones said that after consulting with the District Attorney’s Office, the decision was made to continue withholding the identities of the men who encountered the four teens at the camp because the investigation was ongoing.
Was deadly force necessary?
Stankoski said he has not heard any evidence that indicated any shots should have been fired.
"We have serious and substantial questions as to whether or not the use of deadly force was justified or was appropriate under the circumstances," the lawyer said.
He said information he received was that the men were not staying in the camp where Moody was shot.
"We have questions as to whether or not the shooter or shooters involved in this put himself in that zone of danger, came down to this place where these kids were located and had been that particular evening and thereby created a dangerous situation," he said.
He also questioned why Moody was identified early on, but the other teens’ names were not revealed.
Stankoski said Tuesday that Moody’s family has asked that well-wishers and others not contact them while they are waiting to see if the teen recovers.
"Their No. 1 concern is for their daughter’s health and welfare," he said.
He said the teen has not regained consciousness since the shooting, and family members are trying to determine what happened that night.
"We don’t know all the facts," he said. "We’re going to learn as the case goes forward and we hope that we continue to develop a voice and get what Summer Moody deserves out of this, the justice that she deserves and have a voice that speaks for her."
Byrd, Parnell and Tyree will be held in jail until their appearance before a judge who will set a bail at a yet to be determined time, according to the release.
A check of online court records does not show any previous adult charges against Tyree. Byrd and Parnell, however, have previous traffic violations on their records. Parnell entered guilty pleas in five previous traffic violations, the records show.
Three 17-year-olds involved in the Gravine Island shooting have been charged as adults with first-degree burglary, according to a news release from Baldwin County Sheriff Huey "Hoss" Mack.
 |
| Summer Moody |
Another 17-year-old, Summer Moody, was shot in the head during the incident that occurred about 4 a.m. Sunday in the Tensaw River Delta in north Baldwin. Mack described the incident as a case in which "all the circumstances that could go bad, went bad."
Baldwin County District Attorney Hallie Dixon said information gathered so far in the investigation led to the upgraded charges.
"The charge of first-degree burglary includes the additional element of entering a dwelling with a weapon or dangerous instrument," Dixon said in an email statement. "Alabama law provides that young people older than age 16 who are charged with a Class A felony involving a deadly weapon must be charged as adults and tried in adult court.
"With regard to the fishermen who were alleged to have fired the shot that critically injured the high school girl," Dixon said, "no charges are forthcoming at this point."
In answer to questions regarding whether charges might eventually be filed against Moody upon her recovery, Dixon said, "I do not want to speculate on such things at this time. This is an incredibly tragic event for all concerned, for the young woman fighting for her life in the hospital, her parents, and the men who fired the shot that injured her."
Summer Moody remains in critical condition
Moody was in critical condition Tuesday in the University of South Alabama Medical Center, Robert Stankoski, a lawyer for her family, said.
"Summer’s medical condition is they will know a little bit more in the next 24 hours. It’s my understanding that the first 72 hours in any shooting victim is the most important and crucial medical timetable, so the doctors will continue to monitor her condition. They don’t really know if she’s getting any better or any worse right now," Stankoski said. "She’s not responsive right now. She’s on a ventilator, but they don’t really know if that’s required or not. They’re still continuing to monitor her condition and hope she does get better."
Moody was shot after two men at the scene each fired a shot from small-caliber rifles after they heard the group. The girl was the only person hit by a bullet, according to Mack.
Vandalism an ongoing problem on Gravine Island
Baldwin County property records show three people owning parcels on Gravine Island.
The Press-Register contacted one current and one previous landowner, who for more than 20 years had a camp on the three interior parcels along Gravine Basin where Moody was shot. That landowner sold the last parcel three years ago. While both said they spent many happy hours on the river while raising their families, they also lamented that vandalism was an ongoing problem. They both said the incidents they remembered occurred when their camps were unoccupied.
Baldwin County Chief Deputy Charlie Jones said that after consulting with the District Attorney’s Office, the decision was made to continue withholding the identities of the men who encountered the four teens at the camp because the investigation was ongoing.
Was deadly force necessary?
Stankoski said he has not heard any evidence that indicated any shots should have been fired.
"We have serious and substantial questions as to whether or not the use of deadly force was justified or was appropriate under the circumstances," the lawyer said.
He said information he received was that the men were not staying in the camp where Moody was shot.
"We have questions as to whether or not the shooter or shooters involved in this put himself in that zone of danger, came down to this place where these kids were located and had been that particular evening and thereby created a dangerous situation," he said.
He also questioned why Moody was identified early on, but the other teens’ names were not revealed.
Stankoski said Tuesday that Moody’s family has asked that well-wishers and others not contact them while they are waiting to see if the teen recovers.
"Their No. 1 concern is for their daughter’s health and welfare," he said.
He said the teen has not regained consciousness since the shooting, and family members are trying to determine what happened that night.
"We don’t know all the facts," he said. "We’re going to learn as the case goes forward and we hope that we continue to develop a voice and get what Summer Moody deserves out of this, the justice that she deserves and have a voice that speaks for her."
Byrd, Parnell and Tyree will be held in jail until their appearance before a judge who will set a bail at a yet to be determined time, according to the release.
A check of online court records does not show any previous adult charges against Tyree. Byrd and Parnell, however, have previous traffic violations on their records. Parnell entered guilty pleas in five previous traffic violations, the records show.
Newville man charged with Second Degree Theft of Property
Dothan, Al.
Johnathon Smith, white male, 22 years of age, of Newville, Alabama was arrested and charged with Second Degree Theft of Property with a $2,500 bond.
The Dothan Police Department recently responded to a felony theft at a local department store. Police arrived on scene at Dick’s Sporting Goods, 4401 Montgomery Highway where loss prevention employees briefed them on their internal investigation which had revealed numerous thefts committed by a current employee. Investigators learned Johnathon Smith committed the thefts between February and April 2012 in order to obtain merchandise. Smith was charged with theft bringing the case to a close.
Johnathon Smith, white male, 22 years of age, of Newville, Alabama was arrested and charged with Second Degree Theft of Property with a $2,500 bond.
 |
| Johnathon Smith |
Theft at local retailer leads to arrest
Dothan, Al.
Sonja Drake Drayton, black female, 47 years of age, of Richard Road was arrested and charged with Second Degree Theft of Property with a $ 15,000 bond.
On April 15, 2012 the Dothan Police Department responded to Sears, located at 662 West Main Street in reference to a theft. Police say a loss prevention employee, went to the video surveillance room and observed the suspect, Sonja Drayton, conceal over twenty items in a large bag and exit the store without paying for any of the items. Dothan Police detained the suspect as she exited the store and recovered the stolen property.
Sonja Drake Drayton, black female, 47 years of age, of Richard Road was arrested and charged with Second Degree Theft of Property with a $ 15,000 bond.
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| Sonja Drake Drayton |
Intimidating a Witness results in FELONY charges
 |
| Edtron Fitzgerald Griffin |
Edtron Fitzgerald Griffin, black male, 22 years of age, of Headland Avenue was arrested and charged with Intimidating a Witness with a $10,000 bond.
On April 15, 2012 the Dothan Police Department received information regarding a complaint involving intimidating a witness. Investigators were called to the scene where they learned Edtron Griffin had threatened an individual because she was a witness and victim involving a charge against him. Due to the previous investigation being open, limited details are being released however investigators have confirmed Griffin did in fact take actions to threaten the victim.
Monday, April 16, 2012
Fort Morgan mystery ship remains a mystery
Fort Morgan,Al.
Wreckage of a "Mystery Ship" has appeared and reappeared on the beach about 6 miles from Fort Morgan for some 40 years. No one is positive what it is or how long it's been there. Hurricanes Camille (1969) Fredrick (1979) and Ivan (2004) briefly uncovered portions of the ship but nothing like Hurricane Ike did in 2008. The wreckage was, again, uncovered by Tropical Storm Ida in 2009.
The roughly 150 foot long, 30 foot wide wooden ship appears to have been powered by steam. One of the artifacts of the ship's hull appears to be an old water pump. A long pipe runs down the center of the ship, with smaller pipes found nearby.
While no one knows for sure what ship this is, some historians speculate that the ship was the Monticello, a battleship that partially burned when it crashed trying to get past the Union Navy and into Mobile Bay during the Civil War. Others speculate it could be the Rachel, an early 20th Century schooner that ran aground on the Alabama coast in 1933. Local legends even describe the ship as a rum runner seeking to smuggle liquor ashore during Prohibition.
TheMonticello was a pure sailing ship, whereas the wreck appears to be steam powered, which would seem to rule it out. Other aspects of the wreckage, such as steel cables and metal turnbuckles, lead many to believe the ship is the Rachel built years after the Civil War, rather than an1860s schooner.
TheRachel was designed and built in the John DeAngelo and Sons Italian American Shipyard in Moss Point, Miss., in 1919. She had three masts and a shallow draught. The De Angelo yard often included small diesel engines in their sailing craft, however none were steam powered. The wreck found on the beach in Alabama has what looks to be connection rods for an expansion steam engine as well as a long central condenser pipe. The true waterline length of the Rachel was only 93 feet, her schooner bow giving her a longer overall length. This would seem to rule out the Rachel.
A third possibility is the rum runner Aurora, found at sea with some 1400 cases of premium liquor at the tail end of prohibition. She was seized at the mouth of the Mississippi by the 100-foot US Coast Guard Cutter Forwardbased in Pascagoula. The ship was ordered towed to Mobile with her crew and part of the cargo put aboard the cutter. The rum runner became separated after it caught fire, sinking near Fort Morgan in 1933. The Aurora was a coaster registered in British Honduras, but little other information is available on her. The New York Timeslisted that she had only eight crewmembers aboard, making the ship unlikely to be a labor-intensive steam vessel. So, that would seem to rule out the Aurora.
So, for now, she's still the Mystery Ship. We all love a good mystery, anyway...don't we?
Wreckage of a "Mystery Ship" has appeared and reappeared on the beach about 6 miles from Fort Morgan for some 40 years. No one is positive what it is or how long it's been there. Hurricanes Camille (1969) Fredrick (1979) and Ivan (2004) briefly uncovered portions of the ship but nothing like Hurricane Ike did in 2008. The wreckage was, again, uncovered by Tropical Storm Ida in 2009.The roughly 150 foot long, 30 foot wide wooden ship appears to have been powered by steam. One of the artifacts of the ship's hull appears to be an old water pump. A long pipe runs down the center of the ship, with smaller pipes found nearby.
While no one knows for sure what ship this is, some historians speculate that the ship was the Monticello, a battleship that partially burned when it crashed trying to get past the Union Navy and into Mobile Bay during the Civil War. Others speculate it could be the Rachel, an early 20th Century schooner that ran aground on the Alabama coast in 1933. Local legends even describe the ship as a rum runner seeking to smuggle liquor ashore during Prohibition.
TheRachel was designed and built in the John DeAngelo and Sons Italian American Shipyard in Moss Point, Miss., in 1919. She had three masts and a shallow draught. The De Angelo yard often included small diesel engines in their sailing craft, however none were steam powered. The wreck found on the beach in Alabama has what looks to be connection rods for an expansion steam engine as well as a long central condenser pipe. The true waterline length of the Rachel was only 93 feet, her schooner bow giving her a longer overall length. This would seem to rule out the Rachel.
A third possibility is the rum runner Aurora, found at sea with some 1400 cases of premium liquor at the tail end of prohibition. She was seized at the mouth of the Mississippi by the 100-foot US Coast Guard Cutter Forwardbased in Pascagoula. The ship was ordered towed to Mobile with her crew and part of the cargo put aboard the cutter. The rum runner became separated after it caught fire, sinking near Fort Morgan in 1933. The Aurora was a coaster registered in British Honduras, but little other information is available on her. The New York Timeslisted that she had only eight crewmembers aboard, making the ship unlikely to be a labor-intensive steam vessel. So, that would seem to rule out the Aurora.
So, for now, she's still the Mystery Ship. We all love a good mystery, anyway...don't we?
New rules aim for more affordable legal help in Alabama
Homewood,Al.
Modifying child support, fighting child custody changes and other legal matters should become more affordable for many under new rules allowing people to hire lawyers for limited purposes such as drafting court documents, Alabama State Bar officials said.
"A person might pay a couple hundred dollars for a lawyer to prepare a pleading, versus the thousands it might take to pay the lawyer to handle the whole case," said Henry Callaway, a Mobile lawyer and chairman of the state bar committee that drafted the "limited-scope representation" rules.
The rules change, approved in late March by the Alabama Supreme Court, is designed to make access to justice more affordable for low- and middle-income residents, said Jim Pratt, the Alabama State Bar president.
"Allowing limited-scope representation in civil matters is part of the legal profession's drive, in collaboration with the courts, to clear obstacles to legal representation," Pratt said in a statement.
The change also is expected to open new financial opportunities for solo and small-firm practitioners, who make up two-thirds of the state bar's membership, Pratt said.
A recent state bar survey showed 37 percent of the state's lawyers earned $50,000 or less in 2010, an increase over 1996 when 24 percent of lawyers reported that pay level.
Limited-scope representation rules took effect March 26 but still are being implemented. A free Web training session for lawyers is set for Wednesday.
At least 42 states have some version of limited-scope representation, according to the American Bar Association. Callaway said he saw the need in Alabama while doing pro bono, or free, legal work for low-income people.
"Pro bono only helps the lowest of the low incomes," he said, because eligibility is based on income level.
"It doesn't help those with middle incomes," Callaway said. "There are a lot of middle-income people out there who need legal help but can't afford to pay a couple thousand dollars for a lawyer to handle the whole case."
Although it's not suitable for all civil litigation, Family Court and small claims cases are the areas it is most likely to be applied, Callaway said.
Especially when children are involved, divorce issues can linger for years or even decades after the marriage ends. The legal bill mounts with each modification or each fight to get a court order enforced, such as child support payments, Callaway said.
"This allows them to pay a smaller fee to have a lawyer only draft a pleading and tell them how to proceed," he said. "Then they can file it and pursue the case themselves."
Limited scope
Examples of limited-scope representation include hiring the lawyer to:
Act as a consultant on the law, evidence preparation and/or courtroom procedure as needed during the case.
Handle only one aspect of a case in-court, such as a hearing to set child support.
Only prepare court documents.
Conduct only the most complicated research and evidence-gathering.
Lawyers would file a notice of limited representation with the court, then file a notice of completion when the specific job is done.
They are not required to sign the court documents they prepare in these cases, but must note that a licensed state bar member helped write it under the limited-scope representation rules.
The benefits are universal, Callaway said. People have a more affordable pathway to justice and access to better legal advice than if they had tried to handle the case on their own, he said.
Solo and small-firm lawyers will get more business, broken down into manageable chunks as they juggle their caseloads, he said. And judges get better-prepared litigants and court filings, he said.
"We've seen it work in other states," Callaway said. "We think it will be a win-win-win here."
Modifying child support, fighting child custody changes and other legal matters should become more affordable for many under new rules allowing people to hire lawyers for limited purposes such as drafting court documents, Alabama State Bar officials said. "A person might pay a couple hundred dollars for a lawyer to prepare a pleading, versus the thousands it might take to pay the lawyer to handle the whole case," said Henry Callaway, a Mobile lawyer and chairman of the state bar committee that drafted the "limited-scope representation" rules.
The rules change, approved in late March by the Alabama Supreme Court, is designed to make access to justice more affordable for low- and middle-income residents, said Jim Pratt, the Alabama State Bar president.
"Allowing limited-scope representation in civil matters is part of the legal profession's drive, in collaboration with the courts, to clear obstacles to legal representation," Pratt said in a statement.
The change also is expected to open new financial opportunities for solo and small-firm practitioners, who make up two-thirds of the state bar's membership, Pratt said.
A recent state bar survey showed 37 percent of the state's lawyers earned $50,000 or less in 2010, an increase over 1996 when 24 percent of lawyers reported that pay level.
Limited-scope representation rules took effect March 26 but still are being implemented. A free Web training session for lawyers is set for Wednesday.
At least 42 states have some version of limited-scope representation, according to the American Bar Association. Callaway said he saw the need in Alabama while doing pro bono, or free, legal work for low-income people.
"Pro bono only helps the lowest of the low incomes," he said, because eligibility is based on income level.
"It doesn't help those with middle incomes," Callaway said. "There are a lot of middle-income people out there who need legal help but can't afford to pay a couple thousand dollars for a lawyer to handle the whole case."
Although it's not suitable for all civil litigation, Family Court and small claims cases are the areas it is most likely to be applied, Callaway said.
Especially when children are involved, divorce issues can linger for years or even decades after the marriage ends. The legal bill mounts with each modification or each fight to get a court order enforced, such as child support payments, Callaway said.
"This allows them to pay a smaller fee to have a lawyer only draft a pleading and tell them how to proceed," he said. "Then they can file it and pursue the case themselves."
Limited scope
Examples of limited-scope representation include hiring the lawyer to:
Lawyers would file a notice of limited representation with the court, then file a notice of completion when the specific job is done.
They are not required to sign the court documents they prepare in these cases, but must note that a licensed state bar member helped write it under the limited-scope representation rules.
The benefits are universal, Callaway said. People have a more affordable pathway to justice and access to better legal advice than if they had tried to handle the case on their own, he said.
Solo and small-firm lawyers will get more business, broken down into manageable chunks as they juggle their caseloads, he said. And judges get better-prepared litigants and court filings, he said.
"We've seen it work in other states," Callaway said. "We think it will be a win-win-win here."
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