Justice is Not Only for Sale in Alabama, it’s Non-Existent

October 14th, 2010

Justice in the Heart of Dixie Has Already Been Bought by Corporate Interests

There really is only one hope for the working people of Alabama, and this is not some partisan statement like you would hear on talk radio or the Fake Fox News channel.

Since the Alabama Supreme Court is made up of a corporate Republican majority of 8-1, and since the Republicans are most likely going to once again hold the governor’s office and take control of the legislature for the first time since Reconstruction, the only hope is to elect a few Democrats to the Alabama Supreme Court. It’s doubtful it will happen. The Democrats suffer a serious financial disadvantage and the tea party Republicans are revved up to turn out Nov. 2, while the Obama administration’s inability to overcome the party of “no” has Democrats and independents so disgruntled they may not show up to vote.

There’s not much time to turn this trend around, and no one seems to be proposing a workable plan (although we understand one was put on the table back in July).

But there is one candidate for the Alabama Supreme Court who is at least trying something, and his name is Tom Edwards.

His campaign finally managed to launch a Website the other day with the theme “Is Alabama Justice for Sale?” at JusticeForSaleAlabama.Com.

“I became inspired to run for the Alabama Supreme Court when I started reading about the clouds of corruption that surround the Court,” Supreme Court candidate Tom Edwards said in a press release to launch the site.

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Republican Justices Say 'Don’t Worry: Drill, Baby Drill'

May 1st, 2010

GOP Now Stands for ‘Giving Oil Penance’

The oil spill destined for Alabama’s shores is a shared tragedy which will inevitably end up in Alabama’s court system for years to come. If recent rulings in favor of Exxon-Mobil and the steady flow of out-of-state funds into the coffers of ALGOP Supreme Court races are any indication of future behavior, Alabama Democrats believe that the consequences for BP’s Gulf Coast oil spill disaster will never threaten the oil giant’s pocketbook in Alabama once jury verdicts reach the state Supreme Court, according to a press release from the Alabama Democratic Party.

“The only way for Alabamians to receive economic justice from this environmental calamity washing upon our shores this weekend is for voters to elect impartial justices that are unafraid to uphold a jury’s punitive damage verdicts when the evidence and law so requires,” Alabama Democratic Party Chairman Joe Turnham said in a statement. “Alabama’s Republican Justices never have, and never will. It is time for voters of Alabama to look at our court candidates in 2010.”

The unfolding tragedy in the Gulf Coast will undoubtedly unleash a wave of legal action against BP. This oil spill will most likely destroy fishery habitats, eco-systems and property values — not to mention the endangered Gulf species it puts at further risk. It will cost taxpayers billions to clean up and will divert resources from critical areas in order to stop the flow of oil and clean up the spill. Experts have said it may take three months to stem the flow of oil into the Gulf and the consequences of this disaster will linger for years.

“Governor Riley says BP will pay for it, but when, and how? How can they repay for the damage done to North America’s second most biologically diverse eco-system, the Mobile-Tensaw Delta?” Turnham asked. “What about the immediate impact to our fisherman and our small business owners on the Gulf?”

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Karl Rove's 'Exxon Eight' At It Again

October 22nd, 2009

Alabama’s Supreme Court Continues to Screw Citizens

Guest Column
by Roger Schuler

The Alabama Supreme Court apparently was not content to cheat the public with the outrageous ExxonMobil ruling. It pulled pretty much the same fraudulent stunt again the other day, with a few slight variations.

In late 2007, the Alabama Supremes stunned many observers by overturning most of a $3.6 billion jury verdict in a fraud case against oil giant ExxonMobil. That decision robbed state coffers of badly needed funds at the outset of the Bush recession.

The high court was at it again recently, overturning a $274 million verdict in a fraud case against three pharmaceutical companies. The Supreme Court found that AstraZeneca, Novartis, and GlaxoSmithKline did not defraud the state in pricing Medicaid prescription drugs.

This issue goes well beyond Alabama. Similar lawsuits against pharmaceutical companies are pending in other states, including Mississippi, South Carolina, Utah, Hawaii and Alaska.

How did the Alabama Supreme Court come to its conclusion? The key issue was “reliance,” one of four elements in a fraud case. Essentially, the high court found that the pharmaceutical companies tried to cheat the Alabama Medicaid Agency (AMA), but AMA did not “rely” on the misrepresentations, so a fraud did not occur.

That is like saying: “I tried to steal $500 out of your wallet, and I had my hand on the cash and was pulling it out, but you caught me — so I didn’t do anything wrong.”

If you think there is something wrong with that reasoning, join the crowd.

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Gulf State Park Beach Bill A Far Cry From Riley's Plan

May 14th, 2009

A view of the Gulf of Mexico from Gulf State Park beach in Gulf Shores, Ala.

by Glynn Wilson

POSSUM ROAD, GULF SHORES, Ala. — There was a time not too long ago when you could pull into the Gulf State Park campground and park under a canopy of shade trees and foliage and be comfortable in a tent — even in the summertime.

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Glynn Wilson
On this trip, we were assigned a spot on Possum Road, where we managed to find a little shade on camp site 325.

Since the park suffered a direct hit from Hurricane Ivan in 2004, however, which knocked down most of the tall cypress, palm and pine trees, and suffered a flood of salt water from Hurricane Katrina in 2005, which destroyed the root system for just about everything else, the park looks shockingly like an almost barren landscape now.

Then, if the annoying views of the high rise condos on the beach on the south side are not bad enough, the nightly noise and light pollution from The Wharf development on Canal Road on the north makes camping here, well, let’s just say a less than “wilderness” experience.

The stressed out environment may also be one of the reasons for the worst yellow fly outbreak anyone can remember here, although the park is still home to a host of interesting and important wildlife, including a number of bird species such as ospreys and even nesting bald eagles in the wintertime, along with coyotes, bob cats, and a couple of rare long-tailed cats, the jaguarundis — and there’s even a few alleged sightings of a panther or two.

Experts agree it will take many years for the park to fully recover, that is if climate change due to global warming doesn’t continue to wreak havoc on the coast with rising sea levels and even stronger storms due to warmer water in the Gulf of Mexico.

“The future of the island depends on storms,” Gulf State Park director Hugh Branyon said in an interview.

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Glynn Wilson
Ospreys nesting in Gulf State Park.

He has overseen the park since former Governor George Wallace appointed him to the position in 1976, and fought off a number of private development attempts over the years, including a plan to build a 36-hole golf course in 1992 as part of the Robert Trent Jones Golf Trail.

Experts also agree the last thing the park needs is another high rise development on the park’s beach, especially a high-priced spa, hotel resort and convention center farmed out to private developers to charge $300 a night and prevent average Alabama citizens from accessing the public’s property.

So when the Alabama Supreme Court struck down Alabama Governor Bob Riley’s plan for a public-private partnership with the West Paces Hotel group and Auburn University to build just such a project, it was up to the Alabama Legislature to kill a revised plan — or pass it with changes.

So last week, both houses of the legislature passed the first bill to allow a new type of development on the beach, changing the Alabama Concessions Act to allow for a 70 year lease instead of the 12 years called for in the original law.

But when the rest of the media in Alabama reported on the action in Montgomery on the day of the big flood in the state house, they missed the point of the story. It was covered as if Riley got what he wanted. That is far from the case.

The new plan is NOT the Riley plan.

It was significantly modified and calls for a smaller footprint of a development further from the coast line, perhaps only six stories tall with 300 rooms at a much lower rate than $300 a night.

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Glynn Wilson
The Gulf State Park beach has been closed since Hurricane Ivan in 2004.

Rather than being built under a no-bid contract by Riley’s cronies, any new development will now have to be competitively bid. Rather than being staffed by employees of the private company and some students from Auburn, state employees will have jobs in the new convention center, which is expected to be about 15,000 to 20,000 square feet.

Also, the new hotel and convention center will share revenue with the state park system, Branyon said.

“It’s too early to tell how it will all work out,” he said, but one thing is clear.

Since Riley didn’t get his way, the state park system, the people of Alabama and the local environment will be much better served. The bill passed by the legislature last week also calls for oversight by a legislative committee and public hearings in both houses before any development is approved.

Sources also say the new plan will also help protect the park from further development in the form of a larger golf course and a new road through the wildlife refuge portion of the park, since the bill, which Riley is expected to sign, will not compromise the public status of the park.

Sources say David Bronner of the Retirement System of Alabama has finally given up on his plan to develop a 36-hole golf course on the property anyway, and a plan for another road connecting Orange Beach to the Gulf Shores beach through the park is now dead as well.

Every governor of Alabama had pledged not to build another road through the park until Bob Riley came along, but the legal delays and the state of the economy now guarantee the park’s security for years to come.

“It’s not the Constitutional Amendment that would protect it forever,” said Charlie Grimsley, the former conservation commissioner under former Governor Jim Folsom Jr., who sued to halt the development. “But it’s a much better plan we can live with for now.”

Sunset looking west over the Gulf State Park beach now cleared for development.

Related Story

Supreme Court Loss Fails to Stop Riley’s Corrupt Plan

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Riley's Raid for the Rich on Gulf State Park Beach Continues

April 15th, 2009

Supreme Court Loss Fails to Stop Riley’s Corrupt Plan

by Glynn Wilson and Roger Shuler

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Glynn Wilson
A sunrise view in Gulf State Park over Lake Shelby toward the beach, a view that would be directly obscured by Bob Riley’s planned 13 story high rise spa resort…

Like the neo-cons who concocted a think tank plan for the development of Iraq well before 9/11, which gave the Bush administration the pretext it needed to start a war, Alabama Governor Bob Riley had plans to raid Gulf State Park for private development well before Hurricane Ivan the Terrible came ashore in September 2004, according to court documents.

The Alabama Supreme Court recently upheld a circuit court ruling striking down the plan for an upscale private hotel and spa on the stretch of public beach where the Gulf State Park lodge and convention center was located before Ivan blew ashore and obliterated it. It sits on the widest and most ecologically important piece of land on the short and thin spit of a peninsula that makes up the Alabama Gulf Coast. Ceded to Alabama as worthless swampland when the Spanish controlled Florida, it only stretches 32 miles from the tip of Ft. Morgan on the West to the Flora-Bama Lounge on the Alabama-Florida line.

Gulf State Park is no doubt the “most treasured piece of public land in Alabama,” said Charley Grimsley, who sued to stop the development.

“Sadly,” he said, “when Bob Riley first became governor of Alabama, he immediately embarked upon an elaborate plan to take a prime portion of the beach away from the people to build a four-star Ritz-Carlton-style hotel, complete with a luxurious spa fit for a king.”

In the Associated Press story about the court decision, the wire service includes this inaccurate background paragraph:

After the old lodge was wrecked beyond repair, Gov. Bob Riley’s administration came up with a plan to build an upscale park hotel in a partnership between Auburn University and Atlanta-based West Paces Hotel Group.

Court documents show Riley had grand plans for the property well before Ivan.

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Glynn Wilson
A view of the old Gulf State Park resort, after Ivan blew right through the old construction. That ain’t no parking space underneath…

In fact, on the very day he was sworn in as commissioner, Riley dispatched his choice to head the Department of Conservation and Natural Resources, Barnet Lawley, to meet with the West Paces Hotels Group, a company with ties to an Arabian princess in the oil business who has strong ties to the Bush family herself through the bin Laden family.

According to sworn depositions in the case you can view and read for yourself here and here, furthermore, the meeting was set up by none other than Susan Hubbard, the wife of Rep. Mike Hubbard (R-Auburn), at the Ritz Carlton in Atlanta. She was an employee of Auburn University and made the introductions through Horst Schulze, the CEO. The deal was introduced to the new president, Ed Richardson, within weeks of him taking over the university.

In any other state with a fully functioning watchdog press, this deal would have raised serious eyebrows about conflicts of interest. But not in Alabama, where the corporate Newhouse news chain has a virtual monopoly on the news by virtue of it’s ownership of the three largest newspapers in the state in Mobile, Birmingham and Huntsville, as well as several TV news stations.

Charley Grimsley, the primary plaintiff in the case who sued to stop the development, was commissioner of conservation under Jim Folsom Jr. when he served as governor in the early 1990s. When asked how the case got as far as it did with so little opposition, he blamed the media in Alabama.

“Because there is a void of accountability in the Alabama media, Bob Riley is absolutely a media creation of absolute power,” he said. “There’s not been any scrutiny on him or his son or daughter. Even if he was honest as the day is long the day he took the oath of office, he’s not today, in large measure because the Alabama media have given him a free ride. They have not been the watchdogs and the eyes and the ears of the public as they should have been.”

He further blamed the environmental community in Alabama for not recognizing the importance of the state park land.

“The environmentalists have got to wake up and realize that if you get this mega-four-star hotel, the next step’s going to be to put an interstate right down through the park to get those high-end clientele down there,” he said.

No doubt somebody with close ties to Riley would have been ready to make a bunch of money off of that deal, he said, like Fob James’s sons did on the toll bridge to Orange Beach. That was another sweetheart deal virtually ignored by the Alabama press.

David Bronner, the overseer of the State Retirement System, who filed a friend of the court brief on Riley’s side in the case, has had his eye on the state park and wildlife refuge for private development for years. In 1992, he tried to get access to the land to build a 36-hole Robert Trent Jones golf course and take out a lot of the wildlife refuge, home to a host of interesting and valuable species, and acres of wetlands, land that was home to the endangered red-cockaded woodpecker and the endangered beach mouse, critical to dune habitat.

Backed up by opposition from the local press in Baldwin County and the U.S. Fish and Wildlife Service, the Corps of Engineers killed that project by denying the permit to build bridges in the wetlands for the new golf course.

While the Alabama Supreme Court may have stopped this smelly mega-development deal for now, Riley is already meeting with some of the parties in the case and planning to try and get the state legislature to re-write the law to allow the development. Will you read anything critical about this deal in a single Alabama newspaper? We doubt it.

The main legal argument that convinced a majority of the Alabama Supreme Court to vote against the plan was the State Parks Concession Act, which includes a very explicit limit of 12 years for leases. Riley wanted to lease the land to Auburn University for 70 years, which would have then turned around and farmed out the management of the hotel and resort to the private company owned largely by a Bush-connected Arabian princess.

Opponents say that would have opened up the entire park for private development, since the land would effectively no longer be a state park under that arrangement. The State Employees Association and the Alabama Education Association also opposed the plan, on the grounds that no state employees would get jobs there. Auburn employees would have been trained working at the new resort, but most of the jobs would have gone to employees of the private company.

At first glance, the Supreme Court ruling appeared to be a victory for those who want to protect Gulf State Park from private enterprise. But a closer look shows that the Republican-dominated court brought the Riley administration to the edge of victory.

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Alabama Supreme Court Race Not Over

November 6th, 2008

Allegations of Voter Fraud Surface in Shelby County

by Glynn Wilson

Just when I was feeling good enough about the election of 2008 to take a camping trip to Buck’s Pocket and spend a few days behind the view finder of a digital Nikon, the zany brother of Judge Greg Shaw started an e-mail fight and alerted me to the fact that the race for Alabama Supreme Court is not quite over.

There’s an indication that an automatic recount may be triggered by the closeness of the race, and there’s some indication there may have been voter fraud involved, specifically in Shelby County.

The details of this are still sketchy and we are just now beginning to work the story — thanks to the crazy e-mails from a character who must by dying for a nomination for the Billy Carter Diddly Award, given to the “most amusing political relative.”

Shelby County has a long history of political corruption anyway that hasn’t been investigated adequately since the death of an old crusading editor at the Shelby County Reporter many years ago.

I don’t normally involve myself in local matters, and certainly not in Shelby County, but these e-mail zingers sent up all kinds of red flags that the relative of someone who might soon sit on the state Supreme Court could be a wildly unbalanced and possibly corrupt individual involved in who knows what kinds of nefarious activities.

So far what is being reported about the Supreme Court race between Deborah Bell Paseur and Greg Shaw is this.

Dana Beyerle, the Montgomery bureau chief for the three New York Times company papers in the state, in Tuscaloosa, Gadsden and Florence, is reporting today that Republican Greg Shaw claimed victory Wednesday in the “bitterly fought” state Supreme Court race, but that Democrat Deborah Bell Paseur is not ready to concede.

Shaw and the Republican Party want Paseur to concede Tuesday’s election, which Shaw appears to have won by 12,000 votes out of more than 2 million cast.

But across the state, there may be as many as 10,000 provisional ballots still to be counted next week by local canvassing boards, votes that could affect more than just the Paseur-Shaw race.

With all but six of 2,843 statewide precincts reporting, Shaw had a 12,832-vote lead out of 2.025 million votes cast, according to unofficial results. Shaw had 1,018,894 votes to Paseur’s 1,006,062 votes.

Shaw’s campaign manager Josh Cooper repeated to me what he told Beyerle, that even if Paseur were to get all 10,000 provisional votes, she would still lose, and said he thinks she should concede.

“We do think she should concede because it’s mathematically impossible to make up the difference,” Cooper said. “There’s no reason to stay in this race.”

But an activist liberal blog in Alabama is now reporting that the recount may be on, “as a matter of state law.”

“According to state law, when the results of a race fall within one-half of 1 percent, a statewide recount is triggered,” said Marion Seinfels, Deborah Bell’s campaign manager. “This happens automatically and not at the discretion of the candidates.”

The latest info, attributed to Republican Secretary of State Beth Chapman, is that “there will be no decision on whether an automatic statewide recount will be triggered in the Supreme Court race until the state canvassing board meets later this month in Montgomery.”

On that day, the state canvassing board — comprised of Secretary of State Beth Chapman, Gov. Bob Riley and Attorney General Troy King (an assuring trio of Republicans) will meet to certify the election results, the word is. Preliminary to that, by next Wednesday, all ballots should be counted by legal deadline, including thousands of provisional ballots, absentee ballots which include the votes of soldiers overseas, and late ballots, including some allegedly from Shelby County.

The biggest controversy in the race has been who takes more money from oil special interests, which was briefly outlined in the only blog post we’ve done in this race.

The upshot is that a shadowy group just outside of Washington, D.C., that goes by the misleading name of “The Center for Individual Freedom” pumped a total of $1,274,815 into the Alabama Supreme Court race on behalf of Republican Greg Shaw, according to FactCheck.org and other Websites that document these things, outspending even the candidate’s own campaign.

There were also suggested links between a Shaw consultant and oil and gas lobbyist, who was ostensibly working with the shadowy group on a campaign to influence federal and state judicial appointments and races.

Greg Shaw’s campaign claimed that his hands were clean of Big Oil money and influence, but apparently never answered the charge about the $1 million paid to a Washington oil lobbyist to help run his campaign, perhaps because no newspaper reporter in Alabama asked, at least that I can find a record of on the Web.

The Huntsville Times had actually done a story on allegations about unpaid taxes and liens on the Shaw family oil business in Shelby County, Shaw Oil, back in October.

Meanwhile, the Shaw campaign denied that Judge Shaw’s brother, identified as Larry on the Shaw campaign Website, was officially associated with the campaign. Cooper apologized for his behavior and said nothing like those harassing e-mails would happen again.

If I hear another word out of the guy, I will publish them.

But it may be too late. The word has been spread far and wide to all kinds of local and national media outlets and investigators, and the investigation into voter fraud in Alabama is now on.

Buck’s Pocket will have to wait a few days, I guess : )

Meanwhile, our inquiry got the post on Shaw changed at Judgepedia.org, which had declared Shaw the winner.

This is worth looking at closely, considering how George W. Bush’s political swami Karl Rove mucked up the Supreme Court in Alabama in the 1990s by abusing key hot-button phrases such as “jackpot justice.”

Maybe we should coin another phrase for this race. How about black gold justice? He who has the most oil money wins a seat on the court?

Only in Alabamaland … or maybe in Alaska, also : )

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