Lawmakers Quickly Pass Death Penalty Fix
March 11, 2017
Florida juries would have to unanimously decide that defendants convicted of capital crimes should be put to death for the sentence to be imposed, under a measure that lawmakers rushed to pass during the first week of the annual legislative session.
The proposal, given final approval Friday by the House, is the Legislature’s second attempt to comply with a series of court rulings that for more than a year have blocked executions and prevented death-penalty cases from moving forward. It also would remove Florida from an “outlier” status as one of just two states that do not require unanimity for death sentences to be imposed.
The 112-3 vote in the House puts the proposal in the hands of Gov. Rick Scott, whose record of signing more death warrants than any other Florida governor was suspended after a U.S. Supreme Court ruling early last year in an Escambia County case known as Hurst v. Florida.
The 8-1 Hurst decision, premised on a 2002 ruling in a case known as Ring v. Arizona, found that Florida’s system of allowing judges, instead of juries, to find the facts necessary to impose the death penalty was an unconstitutional violation of the Sixth Amendment right to trial by jury.
The Legislature hurriedly passed a law during the 2016 session to address the Hurst ruling and required, among other things, that at least 10 of 12 jurors recommend death for the sentence to be imposed.
But a majority of the Florida Supreme Court struck down the new law in October, deciding that it, too, was unconstitutional because it did not require unanimous jury recommendations for death sentences. The issue deals only with the sentencing phase of capital cases, not the guilt phase, which requires unanimous jury verdicts.
The rulings in Hurst and a handful of other cases have caused consternation for defense lawyers, prosecutors and judges, who have been split on whether or not they could move forward with capital trials before the Legislature fixed the statute.
More than half of the state’s nearly 400 Death Row inmates may be eligible for new sentencing hearings as a result of a pair of Florida Supreme Court orders related to the original Hurst decision.
Adding to the confusion, the state court recently reversed a previous decision and ruled that capital trials could proceed, even without a legislative fix.
But that opinion did not slow down lawmakers — who last year ignored warnings from public defenders and others that 10-2 recommendations for death would not survive the scrutiny of the court — from rushing the statutory change through the process.
“Your positive vote today allows cases to move forward and for victims and their families to continue to have access to justice,” House Judiciary Chairman Chris Sprowls, a Palm Harbor Republican and former prosecutor, said prior to Friday’s vote.
The Senate unanimously approved the measure (SB 280) a day earlier.
If Scott signs the measure as expected, he could start signing death warrants again; the Florida Supreme Court indefinitely put on hold two executions ordered by Scott early last year.
“This will fix the immediate problems raised by Hurst, and it will put Florida in line with most of the other states that have the death penalty,” said Florida International University law professor Stephen Harper, who runs the school’s Death Penalty Clinic.
Harper predicted that Scott would resume signing death warrants once — and if — he signs the law, “but there’s still litigation to go in those cases.”
But challenges to the state’s death penalty law, related to the Hurst decisions, as well as a new lethal-injection process and litigation spurred by new death warrants make it unlikely that executions will resume immediately.
Some death-penalty experts maintain that, even with the unanimous jury recommendations, Florida’s law remains problematic.
Requiring unanimous jury recommendations is “only one step in a long journey,” said 10th Judicial Circuit Assistant Public Defender Pete Mills.
“Florida’s death penalty still has problems of constitutional magnitude, including but not limited to the failure to limit the scope of its application, racial disparities, geographic disparities, and execution of the mentally ill,” Mills, chairman of the Florida Public Defenders Association Death Penalty Steering Committee, told The News Service of Florida on Friday.
Florida also leads the country in the number of Death Row inmates who have been exonerated, Mills said.
Critics also argue that state law is not narrow enough to capture “the worst of the worst” for whom the death penalty should be reserved.
Hurst was sentenced to death for the 1998 killing of fast-food worker Cynthia Harrison in Pensacola. Harrison, an assistant manager at a Popeye’s Fried Chicken restaurant on Nine Mile Road where Hurst worked, was bound, gagged and stabbed more than 60 times. Her body was found in a freezer.
by Dara Kam, The News Service of Florida
Three Men Arrested In Online Child Exploitation Conspiracy
March 11, 2017
Three men have been arrested in an online child exploitation conspiracy using a social messaging app popular among teenagers.
The Escambia County Sheriff’s Office was notified in January about the sexual abuse of a child under 12-years old. Charles Hoyte McConnell III, age 22, was arrested for sexual assault, incest, cruelty towards a child/direct sexual performance by a child, and 18-counts of possession of child pornography.
During the investigation, deputies found out McConnell was using the “Kik” app to share a pornographic video of the sexual abuse.
Escambia investigators partnered with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and were able to arrest an Escambia County resident and a suspect from Santa Rosa County.
Jonah Authement, 22, was arrested in Escambia County after it was discovered he received the illegal pornographic video. He was charged with cruelty towards a child/promote sexual performance by a child and obscene communication/computer solicitation.
ICE and HSI arrested Santa Rosa County resident and Pace firefighter Danny Murphy on March 10th. A federal grand jury returned an indictment charging him with conspiracy, receipt, and possession of child pornography.
The indictment alleges that, between November 2016 and January 2017, Murphy knowingly conspired with others to participate in Kik instant messaging communications that distributed child pornography images and videos. The indictment further alleges that he received and possessed child pornography involving a minor under age 12. The defendant is currently being detained at the Santa Rosa County Jail.
The Escambia County Sheriff’s Office said no further arrests are expected in the case.
Tungoil Bridge Remains Closed
March 11, 2017
Tungoil Road at McDavid Creek in Walnut Hill is scheduled to be closed to through traffic through Friday, March 17. The bridge has been closed for rehabilitation since March 2. NorthEscambia.com photos, click to enlarge.
Sunny Today, Rain Tonight, Turning Colder (And Spring Foward)
March 11, 2017
Don’t forget to “Spring Forward” and set your clocks ahead one hour before going to bed tonight. And don’t forget to change the batteries in your smoke alarms.
After a record high temperature of 82 on Friday at the Pensacola airport, big changes are on the way this weekend.
Here is your official North Escambia area forecast:
Saturday: Mostly sunny, with a high near 71. Northeast wind around 5 mph becoming south in the afternoon.
Saturday Night: A slight chance of showers, then showers and possibly a thunderstorm after midnight. Low around 50. Calm wind becoming north around 5 mph after midnight. Chance of precipitation is 80%. New rainfall amounts between a tenth and quarter of an inch, except higher amounts possible in thunderstorms.
Sunday: Rain likely, mainly before noon. Cloudy, with a high near 61. Northeast wind 5 to 10 mph. Chance of precipitation is 60%.
Sunday Night: A 20 percent chance of rain. Mostly cloudy, with a low around 47. Northeast wind around 5 mph.
Monday: A 30 percent chance of rain. Mostly cloudy, with a high near 65. Northeast wind around 5 mph becoming northwest in the afternoon.
Monday Night: Mostly cloudy, with a low around 45. Northwest wind around 5 mph.
Tuesday: Sunny, with a high near 65. Northwest wind 5 to 10 mph.
Tuesday Night: Mostly clear, with a low around 38. North wind 5 to 10 mph.
Wednesday: Sunny, with a high near 57.
Wednesday Night: Mostly clear, with a low around 35.
Thursday: Sunny, with a high near 63.
Thursday Night: Partly cloudy, with a low around 43.
Friday: Partly sunny, with a high near 69.
Herrington Throws Shutout As Chiefs Beat Escambia Academy (With Gallery)
March 11, 2017
Tori Herrington threw a shutout as the Northview Chiefs beat Escambia Academy (Atmore, AL) 10-0 Friday night in Bratt.
Herrington allowed just three hits, no runs, had no errors and recorded 11 strikeouts. At the plate, Herrington was 1-3, with one run and one RBI.
For Northview: Jamia Newton 2-4, 2R; Kendall Enfinger 2-3, 3R; Aubrey Love 2-3, 3 RBI; Peighton Dortch 1-2; Alana Brown 1-3, R; Valen Shelly 3-3, 2R, RBI; Lydia Smith 2-3; RBI; Tieranna Redmond 2-4, 2RBI.
The Lady Chiefs will travel to Jay on Tuesday — varsity at 6:00, JV at 4:00.
For a photo gallery, click here.
NorthEscambia.com photos, click to enlarge.
Tate Remains Undefeated With 4-3 Win Over Milton
March 11, 2017
Tate 4, Milton 3
Belle Wolfenden had three RBI’s as the Tate Aggies beat Milton at home Friday night 4-3.
In a complete game on the mound, Hannah Brown allowed just four runs, had two errors, walked to and had five strikeouts for the Aggies.
Hitting for Tate: Hayden Lindsey 2-3, 2R, RBI, 2B; Belle Wolfenden 2-3, 3 RBI; Kayleigh Cawthorn 1-3, R. Hannah Brown 1-2; Sydni Solliday 1-3.
The Aggies remain undefeated — 8-3 overall, 4-0 in district. Tate will host Pace on Tuesday.
Tate 5, Milton 0 (JV)
Photo for NorthEscambia.com, click to enlarge.
Pine Forest Beats Tate; Northview Tops Freeport
March 11, 2017
Pine Forest 7, Tate 2
The Pine Forest Eagles defeated the Tate Aggies Friday night 7-2.
Tate was unable to recover as Pine Forest took a 2-0 lead in the second inning and added another unanswered runs in the third. Mason Land drove in two runs for the Aggies in the fifth.
For Tate: Mason Land 1-4, 2RBI, 2B; Hunter NeSmit 2-3; Ryan Green, 2-3, R; Jesse Sherrill 1-3, R.
Tate 12, Pine Forest 1 (JV)
Tate 4, Gulf Breeze 3 (9th)
Northview 10, Freeport 8
The Northview Chiefs took the lead with four runs in the seventh to defeat Freeport 10-8 on the road Friday night.
For Northview: Quinton Sampson 2-3, 2R, RBI; Josh Neese 1-4, R; Josh Chivington 2-4, 2B, R; Zach Payne 2R; Seth Killam 2-2, R; 2RBI; Blake Reid R; Daniel Macaro R; Devin Stabler R; Josh Smith RBI.
Up next: Northview travels to W.S. Neal on Monday.
NorthEscambia.com file photo.
Alvis Respress
March 11, 2017
Alvis Respress, 92, of Atmore, AL passed away, Thursday, March 9, 2017, in Atmore.
He was born on September 23, 1924, to the late Daniel Alvin and Hattie Brake Respress in Darlington, FL. He was a Staff Sgt in the U.S. Army during WWII. After WWII he was employed at St.Regis Paper Company; was an engineer for L&N Railroad and was also a farmer. He was of Baptist faith and a member of Huxford Lodge and Order of Eastern Star for over 50 years.
He is preceded in death by his parents; brothers, Albert, Amon, Elzie, Edmon and Fred Respress; sisters, Ruthie Wise, Orie Eason and Myrtle Velzie.
Survivors include his wife, Bernice Respress; one son, Benny Alvin (Bobbie) Respress, all of Atmore, AL; grandchildren, Leslie (Ray) Sellers and Tyler (Ashley) Respress; great-grandchildren, Jackson Sellers and Myles Sellers.
Services were held Saturday, March 11, 2017, at Johnson-Quimby Funeral Home Chapel with Bro. Dale Norris officiating.
Interment was in Serenity Gardens.
Active pallbearers were Matt Mason, Morgan Mason, John Hassebrock, Heath Fillmore, Randall Musgrove and Tommy Strawbridge.
Honorary pallbearers were Luther West, Hilbert Hall, Alfred Wolfe, James Weber, Tony James, Wayne Harrison, Romeo Coleman and Bart Rehm.
Johnson-Quimby Funeral Home is in charge of all arrangements.
Mattie Ruth Bailey
March 11, 2017
Mattie Ruth “Maw Maw” Bailey, 89, of Canoe, AL, passed away Tuesday, March 7, 2017, at her residence. She was a homemaker. She was born on February 7, 1928, in Brewton, AL to Charlie and Sallie Tarleton Booth. She was a member of Moyeville Baptist Church and attended First Baptist Church of Canoe.
She is preceded in death by her parents; her husband, Raleigh O’Neal Bailey; a son, Charles O’Neal Bailey; infant granddaughter, Megan Bailey; infant great-granddaughter, Ashley Abbott; and her seven brothers and five sisters.
She is survived by three sons, Gary (Darlene) Bailey of Canoe, AL, Douglas (Beverly) Bailey of Lenoir City, TN and Keith (Laura) Bailey of Canoe, AL; six daughters, Regina Gohagan of Robinsonville, AL; Miriam (Ray) McBride of Bratt, FL, Annette (Tommy) Young of Canoe, AL, Sharon Martin of Bratt, FL, Janet (Tom) Redden of Concord, NC, and Kim (Randy) Martin of Canoe, AL; 20 grandchildren, 30 great-grandchildren, and three great-great-grandchildren.
Graveside services were held Friday, March 10, 2017, at Robinsonville Baptist Church Cemetery with Bro. Waylon Stuckey and Bro. Ricky Tedder officiating.
Active pallbearers were the Bailey boys, Gary, Doug, Keith, Raleigh, Jacob, and Little Raleigh.
In lieu of flowers, donations may be made to Southern Care Hospice, 1321 South Main Street, Suite 4, Atmore, AL, 36502; Helping Hands Ministry, 544 Arthur Hall Road, Atmore, AL, 36502; or the charity of your choice.
Johnson-Quimby Funeral Home is in charge of all arrangements.
Navy Federal Named To Fortune’s 100 Best Companies To Work For List
March 10, 2017
For the seventh year, Navy Federal Credit Union has been selected as a Fortune 100 Best Companies to Work For.
“Navy Federal is an outstanding place for a career,” said Cutler Dawson, president/CEO of Navy Federal. “We believe that employees should come first in any organization. Creating a work environment where people can learn, prosper and grow while being part of a team they believe in is what a great place to work is all about.”
As part of Navy Federal’s recognition, Fortune noted that 95 percent of Navy Federal employees say they feel good about the ways Navy Federal contributes to the community, and 92 percent of team members feel a sense of pride in their accomplishments.
“Our goal is exceptional member service and experience. This is possible with motivated employees. It is all about our team members. They deserve a great place to work,” Dawson added.