The Political Round-Up
The child sex crimes beat and 'combat fatigue'; Nodine gets speedy trial; School bell blues;
Ballot buster; Lighting Sparks way;
Here come da' judge; Who will lead Semmes?
By Chip Drago
Mobile Bay Times
Should a jurisdiction’s district attorney, for reasons of an employee's mental health, rotate among the office’s prosecutors the assignment for handling cases of sex crimes against children?
Does the accumulated expertise and institutional knowledge of a dedicated lawyer outweigh the risk of “combat fatigue” in dealing with such emotionally draining situations day after day after day?
The debate over that issue has gone on for years, long before former Mobile County Assistant District Attorney Steve Giardini, who specialized in the prosecution of child sex crimes, was accused of attempting to solicit sex from an underage girl. The "15-year-old girl" was in fact an undercover FBI agent posing as a minor in an Internet chat room. Giardini, 50, is not accused of actually having sex with a 15-year-old girl or an FBI agent for that matter.
Perhaps more so than in other areas of the office, the child sex crimes duty should be monitored especially closely, but fixed regulations are probably less important than a common sense management approach, according to both contenders for the job of district attorney in the general election Nov. 2.
Talent and experience in a critical posting argue against pulling a prosecutor off the job just because a set period of time has elapsed, said Assistant District Attorney Ashley Rich, the Republican nominee for district attorney.
"Rotating assistant district attorneys at first thought might appear to be necessary but when you stop and think about it, if we were to do that, then we would end up with prosecutors who are always on the job training," said Rich.
Rich noted that George Hardesty, now a district judge but once assigned to the child sex crimes beat the Child Advocacy Center, did "an excellent job" for more than three years before moving up to the judgeship he presently holds.
Democratic Party nominee for district attorney, Don Foster, said he would have "some concerns" about keeping as assistant on child sex crimes for more than a year.
Although there could be some exceptions when resources when spread thin, Foster said a year's tour would probably be advisable, but the best safeguard for the prosecutor and the public might be the vigilance of co-workers.
"They are rubbing elbows and discussing things everyday," said Foster. "They should report suspicious conduct. On the other hand you want to trust your employees and avoid a negative attitude."
"... this is a complex question with lots of variables which could change the time span (depending upon) the particular individual," said Foster, a former U.S. Attorney here. "A thorough background check before hiring is a good way to prevent (problems) if it includes good psychiatric evaluation on this subject. In short it boils down to 'know your lawyers and cohorts' and investigate suspicious activity."
Nodine: On trial for the holidays
Baldwin County Circuit Judge Charles Partin Wednesday morning, Aug. 25 granted ex-Mobile County Commissioner Stephen Nodine's request for a speedy trial on charges of murdering his lover, setting the proceedings to be held between Thanksgiving and Christmas, probably beginning Monday, Dec. 6.
Nodine's defense counselors John C. Williams and Dennis Knizley maintain that the murder case should be resolved before a federal trial on unrelated charges alleging that Nodine illegally abused narcotics while also possessing firearms. However, with Attorney Gordon Armstrong defending him, Nodine is set for trial in U.S. District Court here shortly, well before a jury will consider the murder case, despite Partin's favorable ruling for Nodine. Guidelines allow federal sentencing authorities to weigh relevant behavior in imposing punishment. If Nodine is found guilty of the federal charges, he faces a prison sentence of 5-10 years. If Nodine could first win acquittal in the murder case, it would bolster his situation in federal court.
Nodine is accused of murder in the May shooting death of Angel Downs, 45, outside her townhouse on Fort Morgan Road in Gulf Shores.
The defense is expected to emphasize Downs' mental condition, both psychological and pharmacological, and point to evidence suggesting her suicidal tendencies.
Baldwin County District Attorney Judy Newcomb is expected to oppose an accelerated trial schedule.
Those school bell blues
When should the school year begin? When should it end? The days when the academic year ended about Memorial Day with a stream of screaming school kids racing from classrooms straight into summer are long gone. The days when the school year began with squeaky new shoes and the unfamiliar tug on the shoulders of a schoolbook-laden backpack are gone, too.
Now it seems like it is race from opposite directions between the beginning and the ending to be the first to reach July 4.
Tourism interests from throughout the state lament the loss of so much profit and tax revenue from each lost week at summer's end if schools open early and eliminate late summer vacations. School boards don't see it exactly that way.
Alabama Education Association Executive Director Paul Hubbert says either side has points in its favor.
"From a monetary standpoint they (tourism interests) are right," he said.
But the issue isn't simply one of revenue; it's also a question of who is the cart and who is the horse and inevitably the school boards are the horse and come first, said Hubbert.
"Each year, however, the question boils down to who should determine when school starts — tourism or the local boards of education," Hubbert said. "The latter always wins."
The debate has been going on a while and, not surprisingly, there are strong arguments and strong support on either side.
"Our members are somewhat split," Hubbert said. "Some years they want to start later and in others they side with the Board because getting out early in the summer appeals to them."
Neither side has been able to develop its case well enough to put the matter to rest.
Proponents of either side have not presented compelling evidence to suggest that significantly enhanced revenue would result from a later school start nor has any study distinguishing advantages to the students from being in the classroom in June or August. Is June milder than the scorching August temperatures? If there is a case for it, it hasn't yet been made, said Hubbert.
Another roadblock is the testing program, Hubbert pointed out.
"The State Department of Education always says that schools have to start early to get the required number of teaching days in before testing begins in the Spring," Hubbert said. "They say the company who does the grading of the test must have them in hand by a certain date. No one has ever asked if only one company can do the grading."
"Tourism probably has a good argument," he continued, "but if they are to succeed, they need to do the necessary background work and refute the arguments put forth by the local boards and State Department. They also will need to set not just the start date but the testing date so that the necessary teaching days separate the two times at least to the extent they do at present."
According to Hubbert, AEA delegates will discuss the issue in December. There has been a lot of division over the matter, said Hubbert, because it involves local control of the school year as much as it involves a straight up debate over economics and hot weather.
Under submission
Mobile County Circuit Judge Rick Stout is expected to rule before the end of the week on state Rep. James Buskey's bid to boot the independent candidacy of young businessman RaShawn Figures from November's ballot.
Attorneys for Buskey and Figures as well as representatives of Mobile County Probate Judge Don Davis and Secretary of State Beth Chapman Friday afternoon attended a hearing before Stout to discuss the case.
Figures, 28, had sought to challenge the 34-year veteran legislator in the Democratic primary but was ousted when party officials upheld Buskey's argument that Figures had not met residency requirements. Although Chapman's office certified Figures to appear on the ballot in November as an independent, Buskey has again raised the issue of Figures' residency in House District 99. Further, Figures should be disqualified under the state's "sore loser" law barring unsuccessful primary entrants from taking another shot in the general election, according to Buskey.
Buskey, 73, has represented House District 99 for nearly half his life.
Davis is expected to finalize the ballot for delivery to the printers by Labor Day. The election is Nov. 2.
Michigan Avenue Bridge Replacement to Begin
The replacement of the Michigan Avenue Bridge over the CSX train tracks leading into the Brookley Complex will begin Monday, Aug. 30, according to authorities.
A detour route has been established using Broad Street and Duval Street.
The construction contract was awarded to L & A Contracting Company for $3,683,001, funds obtained through federal stimulus legislation. The bridge may be closed until October, 2011.
The 69-year-old bridge has had a load limit of 16 tons since January of 2008, which restricted access to large trucks entering Brookley.
Lighting Sparks way
Ron Sparks will headline a rally Saturday, Sept. 11 to open the Mobile headquarters in his Democratic run for governor, according to the Sparks campaign’s Mobile County coordinator Thelma Thrash.
Festivities will include music, entertainment, refreshments and “hopefully lots of people,” said Thrash.
The event will take place from 3-6 p.m. at the 1905 Government Street headquarters, at Rickarby Street near the Loop, that Sparks and the local Democratic Party will share through Election Day, Nov. 2.
For more information call Thrash at 471-5471 or Mobile County Democratic Party Chairman Reggie Copeland Jr. at 648-8600.
Here come da' judge(s)
The Town of Dauphin Island is soliciting resumes from "highly qualified candidates" for a two-year appointment as its municipal judge. Interested licensed attorneys should send a letter of interest, a resume outlining their education, background, employment and salary history by Aug. 31 to Stacy Mallon, clerk of court, 1011 Bienville Blvd., Dauphin Island, AL 36528.
Competition for appointment to the vacancy on the municipal bench at Dauphin Island may provide a glimpse into the future competition to succeed Judge Jim Wood on the Mobile County Circuit Court bench. Wood is age-barred from seeking re-election in 2012.
There are no shortage of lawyers eyeing the position and doubtless several of them who would like to burnish their resume in advance of a judicial campaign with experience on the bench.
Among those drawing mention as possible contenders for the Wood judgeship are GOP state Sen. Ben Brooks, former GOP district attorney nominee Walter Honeycutt, drug court magistrate Ed Blount and veteran Mobile attorney Eaton Barnard.
On the Eastern Shore, Daphne officials Tuesday night interviewed applicants to replace Tom Doyle as municipal judge. Candidates reportedly include Buddy Brackin, Ken Hitson, Jim Sweet and Brian Dasinger.
And the winner was Hitson, who this past primary election unsuccessfully sought the GOP nomination for district attorney in Baldwin County.
After reviewing other neighboring municipalities, Daphne reduced compensation for its municipal judge from $49,000 annually plus health insurance benefits to $35,000 per year without health insurance. And furthermore, unless Hitson matches the draconian Doyle in his findings and sentencing, Baldwin County Circuit Court could see its case backlog ease as appeals to the higher court of cases from Daphne municipal court subside to rates comparable with other Baldwin County municipalities. A corollary benefit to Daphne would be increased and timely collection of court costs.
Daphne's new municipal judge will be appointed to a two-year term that begins Sept. 1.
Who will lead Semmes?
With voters in Semmes approving its incorporation by a 3-1 margin on Tuesday, the next step will be picking leaders. Who will lead Mobile County's 11th and newest municipality? Let the unofficial polling begin.
Rich to kick off general election campaign
with dinner party at Inca Hall Aug. 31
Republican District Attorney nominee Ashley Rich will kick off her general election campaign with a dinner Tuesday Aug. 31 at 6:30 at the Inca Hall on Halls Mill Road.
Rich raised more than $10,000 in her first "Dinner with Friends" fundraiser during her GOP primary campaign, she said.
Rich, a veteran assistant district attorney, will vie with Democratic nominee Don Foster in the general election in November. Foster is a former U.S. Attorney during the Bill Clinton presidency.
Shelby in Port City
U.S. Sen. Richard Shelby will visit Mobile for a meet and greet Friday, Oct. 22, according to Terry Lathan, vice-chair of the Mobile County Republican Executive Committee.
The Mobile County Republican Party will host the event and more details will follow, announced Lathan.
