Five North Escambia Roads To Be Striped
July 26, 2018
The Escambia County Commission has approved $105,197 for pavement markings and associated items on several North Escambia roads.
The roads to be striped for safety purposes are:
Molino Road — $18,132
Melvin Road — $18,662
Dawson Road — $15,950
Lambert Bridge Road Section 1 — $21,276
Lambert Bridge Road Section 2 — $11,895
Dortch Road — $14,282
The work will be done by Coastline Striping.
Pictured: Recent striping on West Highway 4 near Byrneville. NorthEscambia.com photo, click to enlarge.
Appeals Court Weighs Restoration Of Felons’ Rights
July 26, 2018
Yraida Guanipa, a Miami consultant, stood outside the federal appeals court Wednesday morning in downtown Atlanta dressed in a bright orange scarf draped over a smart dark gray suit.
Guanipa has a master’s degree and is working on a doctorate, achievements she’s garnered since her release from prison in 2006.
Despite her academic successes and the creation of a business devoted to helping other families deal with the stain of incarceration, the shame and pain of the 11 years Guanipa served behind bars for drug-related charges persists.
That’s because she can’t vote.
Under a Florida process scrutinized Wednesday by a three-judge panel of the 11th U.S. Circuit Court of Appeals, Guanipa is one of hundreds of thousands of felons waiting to have their voting rights restored.
“This is another sentencing that is a timeless sentence,” Guanipa, who was born in Venezuela, told The News Service of Florida. “Every time I talk to somebody about I cannot vote, it feels like I’m still incarcerated. It feels like I’m still doing part of the sentence.”
Guanipa is among the plaintiffs in a lawsuit challenging the Florida Board of Executive Clemency’s process for restoring the right to vote to felons like her who’ve completed their sentences and paid restitution. Gov. Rick Scott, aided by Attorney General Pam Bondi, initiated the revamped process shortly after taking office in 2011.
Lawyers for the plaintiffs are taking a novel approach to the case. They maintain that Florida’s discretionary process violates the First Amendment, despite a dearth of cases anywhere in the country supporting that argument.
“This is a groundbreaking case. No court in the country before the district court in this case had ever ruled that the First Amendment prohibits arbitrary licensing of the right to vote to felons, the way Florida is engaged in its process right now,” Jon Sherman, an attorney with the Fair Elections Center, which represents the plaintiffs, told reporters after Wednesday’s hearing.
U.S. District Judge Mark Walker found that the state’s arbitrary process violates the First Amendment and ordered the clemency board — made up of Scott and the state Cabinet — to come up with a set of “specific, neutral criteria” upon which to base their decisions.
But that victory was short-lived, when a separate three-judge panel of the 11th Circuit in April blocked a Walker order that would have required state officials to quickly overhaul Florida’s process of restoring felons’ rights. That panel decided 2-1 that “binding precedent” gives the governor “broad discretion to grant and deny clemency, even when the applicable regime lacks any standards.”
The April ruling, however, did not end the state’s appeal of Walker’s ruling that the current restoration process is unconstitutional, prompting Wednesday’s hearing.
Florida Solicitor General Amit Agarwal told Wednesday’s panel — comprised of Chief Judge Ed Carnes, Judge Elizabeth Branch and U.S. District Judge Darrin Gayles, who serves in Florida’s Southern District and was assigned to the appeals court — the state’s clemency process is not facially unconstitutional.
“No case, state or federal, published or unpublished … has ever held or even implied that clemency decisions or vote-restoration decisions in particular must be made pursuant to specific standards,” Agarwal said.
Allowing Walker’s decision to stick would have far-reaching “practical implications” ranging from state decisions about clemency to presidential pardons, Agarwal argued.
But Gayles seemed bothered that Florida’s system puts it in a small class, joined only by Iowa and Kentucky.
“Would I be correct to say that at least 40 states restore rights automatically” for felons convicted of certain crimes, Gayles said, asking, “How many of the states employ no standards for this important decision?”
“We’re not aware of any state that has clemency processes that are directed by neutral, non-discriminatory standards,” Agarwal said.
But Gayles said that was because most states automatically restore felons’ voting rights after a certain period of time has elapsed and/or certain conditions are met.
And the judge seemed to reject the argument that requiring more specific standards to restore voting rights would infringe on decisions about pardons.
Agarwal conceded “there are legitimate policy concerns” but said those decisions were best left up to “policy-making branches of state government.”
The state requires felons to wait five or seven years to apply for rights restoration — and years after that to complete the process. Since the process when into effect in 2011, the clemency board has restored rights to about 3,000 of the 30,000 felons who’ve applied, compared to more than 155,000 whose rights were restored under former Gov. Charlie Crist and about 70,000 who regained their voting rights under Crist’s predecessor, Jeb Bush.
When asked why a “purely discretionary clemency system” would not violate the Constitution, Agarwal said clemency does not take rights away.
“That problem is caused by the criminal conviction, not by the absence of mercy,” the solicitor general said.
That comment bothered Guanipa, who said she understood the case hinges on a constitutional matter.
“But I just wish the court would be a little more human and see the human part of this. It’s a timeless sentencing, apart from your sentencing,” she ruefully said.
Agarwal urged the panel to side with the state, arguing that “a convicted felon who has lost the right to vote … does not and cannot have the right to vote under the First Amendment.”
But Sherman said the U.S. Supreme Court has repeatedly ruled that “arbitrary” licensing is unconstitutional.
Carnes appeared unconvinced by Sherman’s arguments, repeatedly interrupting the lawyer and pointing out that there was no basis for his First Amendment theory.
“You’re asking us to be the first court of appeal in the country to hold this?” a skeptical Carnes asked.
“Yes, your honor, that is true,” Sherman said.
And Carnes seemed bothered by the implications on presidential pardons.
“The point is, does the president have to have and follow standards. … What’s the difference?” he asked.
Sherman said the right to vote would have to be “handled separately” from other rights being granted in a presidential pardon.
Branch, meanwhile, asked if the plaintiffs, who concede that the Constitution doesn’t require Florida to restore voting rights to felons, weren’t running the risk of forcing the state to do away with the clemency process altogether.
Sherman said the state had promised it would not do away with restoration of voting rights and pointed out that just a small number of felons have had their voting rights restored since the new policy went into effect seven years ago.
“You’re willing to throw the next couple of hundred under the bus?” Carnes demanded.
“That’s not our risk assessment,” Sherman replied.
Pressed by Carnes, Sherman refused to identify the criteria the state should use to develop standards he thought would meet constitutional muster.
That line of questioning prompted Branch to explore whether the plaintiffs were actually seeking automatic voter restoration by creating a checklist so someone “could sit in a dark room and start plugging in” data to determine whose rights would be restored.
Sherman said the district court had already rejected an attempt to have Florida adopt an “automatic” restoration of rights system.
“At the end of the day, there’s still unfettered discretion unless we impose automatic restoration,” Branch persisted.
After the hearing, Sherman told reporters a ruling against the plaintiffs would allow the clemency board to adopt “any manner of arbitrary basis for deciding” whether someone would get their voting rights restored.
“If we’re wrong, then the executive clemency board can restore people based on their eye color, their height, whether they’re attractive or not, whether they deem them intelligent or not, whether they’re fluent in English,” Sherman said. “And you would never learn of that, because they can make that determination in their own minds and never say as much, publicly. That’s the real harm in the system.”
by Dara Kam, The News Service of Florida
Flomaton Man Charged With Attacking Woman, Holding Her Against Her Will
July 26, 2018
A Flomaton man has been charged with attacking a woman and holding her against her will.
Kenneth Allen Polk, 35, is charged with false imprisonment and battery.
The victim told deputies that her ordeal began at the casino in Atmore when Polk became jealous of men that were flirting with her. Once they arrived back at the victim’s Brewton home, Polk began repeatedly hitting her with his fists in her head and face and other parts of her body and choked her until she blacked out, according to an arrest report.
She said Polk ransacked her home into order to find her keys before choking her until she passed out.
The victim woke up to find Polk had driven her to the Pen Air credit union on North Century Boulevard where he forced her to withdraw cash from her account using an ATM, the report states.
A witness told deputies that he saw Polk punch the victim and choke her until she passed out again at Pen Air. He then reportedly drove north toward Flomaton, stopping at a gas station in Century where the victim escaped.
Deputies noted that the woman suffered busted lips, a blood nose, and scratches and bruises all over her body.
Polk remained in the Escambia County Jail Thursday morning with bond set at $30,000.
Wahoos Hold Off Lookouts, Win Second Straight 5-4
July 26, 2018
The Blue Wahoos held off a ninth inning rally by the Lookouts to hold on for a 5-4 win Wednesday afternoon at AT&T Field in Chattanooga.
The game got off to an eventful start when Wahoos manager Jody Davis was ejected during Jose Siri’s at bat to begin the game. Siri was subsequently ejected a couple pitches later after objecting to a called third strike. Pensacola cashed in on TJ Friedl’s one-out double to claim an early 1-0 lead later in the inning.
With a 1-0 lead, the Wahoos opened up a 4-0 advantage with three runs in the second inning. Luis Gonzalez tripled home Gavin LaValley and Narciso Crook to make it 3-0. Gonzalez scored a batter later on a Cassidy Brown single before the next three batters were retired to end the inning. TJ Friedl reached on an error to start the fifth inning and scored when Shed Long singled him home putting the Wahoos up 5-0.
Tony Santillan (W, 3-0) was strong through five scoreless innings but ran into trouble in the sixth. The Lookouts loaded the bases with nobody out before Jaylin Davis doubled home all three runs to cut the Wahoos lead to 5-3. Santillan retired the next two batters before getting lifted for Joel Bender who finished the inning stranding Davis at third.
The Lookouts rallied again in the ninth inning scoring a run and loading the bases with two outs before Carlos Navas (S, 4) struck out Davis to end the game, securing Pensacola’s second straight win, 5-4.
Despite the early offense, Chattanooga’s pitching retired the final 13 Blue Wahoos hitters. Aristides Aquino was held hitless to snap his hit streak at eight games. Santillan earned his third win in four starts going 5.2 inning with three runs allowed on three walks and three strikeouts. Navas allowed just the one ninth inning run over his two innings out of the bullpen to record the save. Paco Rodriguez (L, 3-1) was the opener for the Lookouts and suffered the loss after he was charged with three runs on two hits with two walks over one-plus inning of work. Taylor Poppen shouldered most of the load for Chattanooga with two runs allowed, one earned, over seven innings.
The series continues Thursday when the Wahoos look to lock up another series win, to keep their series unbeaten streak of nine alive.
Century Council Member Receives $12,000 Loan Refinance From Town
July 25, 2018
The Century Town Council has approved a $12,000 loan refinance for a council member, but details surrounding the loan remain unclear.
At the Monday, July 16 town council meeting, the refinance was approved for council member Sandra McMurray-Jackson, but few details were provided on the loan program. And, over a week later, a public records requests for loan documentation has gone unanswered.
“I have an existing loan in the amount of $12,000, and I am asking the town for a refinance of the loan….at six percent,” Jackson said at the council meeting, requesting a three-year term. No details were provided on the status of the loan being refinanced.
Council member Ben Boutwell questioned the purpose of the loan, with Jackson responding that it was an economic development loan for her funeral home business.
“We had a few (business loans). My business was one like 20 years ago when I built my office. I got the revolving loan,” council President Ann Brooks said. “The funeral home was one, and then one was the flower shop. The only three that we have done through the revolving loan.” The “flower shop”, we are told, has since gone out of business. There was no mention if the loan was or was not repaid (*See update below.)
“That’s the first I’ve ever heard of it,” Boutwell said.
No other council member questioned any details about the loan before it was approved 4-0. Jackson did not cast a vote.
After the meeting, Brooks said she received a $50,000 loan in 1997 and made her final payment in 2011. Brooks was not in office at the time the loan originated. She ran unsuccessfully for a council seat in 2003 and mayor in 2006 before being elected to her current council seat in 2007.
She said she applied for the loan after being informed of its availability by then-mayor Benny Barnes.
On Tuesday, July 17, NorthEscambia.com made a verbal and written request to Town Clerk Kim Godwin for numerous documents that would provide the details on the three loans and the overall program. As of early Wednesday morning, July 25, no documents had not been provided in response to our public records request.
Update: After publication of this article, the town provided a spreadsheet Thursday morning showing a loan history on a $60,000 loan to “Purrfect Creations” that originated in August 1999 was paid off in June 2015. The record does not include payment dates for the first two years of the loan (it does not indicate that payments were late – the dates simply are not listed). It does indicate that payments were late or missing several times. No loan terms, loan agreement, ownership or other documentation was provided.
Two Century Liquor Store Employees Charged With Stealing Using Rewards Program
July 25, 2018
Two employees have been charged with stealing thousands of dollars in cash or product from a liquor store in Century in scheme involving shopper reward points.
Teresa Lachelle Burt, 41, and Latoya Trenise Washington, 31, were each charged with felony grand theft and felony fraud for the thefts from the Fusion liquor store next to the Food Giant on North Century Boulevard.
The store offers a shopper reward point program, awarding points for each dollar spent to a customer’s reward account. According to the Escambia County Sheriff’s Office, Burt and Washington would fraudulent assign shopper points to accounts and then reconcile daily transactions by taking possession of product or cash equal to the number of points. Customers were unable to notice anything wrong with their reward transactions.
Burt was able to take $2,178 in product or cash from the store using the scheme, while Washington took $923 in product or cash, according to their arrest reports. Investigators were not able to determine from store records if the women took product, cash, or both.
Burt and Washington were released from the Escambia County Jail $7,500 bond each.
NorthEscambia.com photo, click to enlarge.
Primary Election Ballots Headed To Escambia County Mailboxes
July 25, 2018
The Escambia County Supervisor of Elections Office delivered more than 27,000 vote-by-mail ballots to the post office Tuesday for the August 28 primary election. This is in addition to the more than 5,600 ballots sent to military and overseas voters earlier this month.
Voters who have requested to vote-by-mail should begin receiving their green or ivory colored ballot packages by the end of the week. Voted ballots must be received in the Supervisor of Elections Office no later than 7 p.m. on election day, August 28 and require a first-class postage stamp if returned by mail. The U.S. Postal Service recommends voters mail ballots at least one week before the due date. Ballots may also be returned by hand to the Supervisor of Elections Office.
The deadline to request a vote-by-mail ballot for the primary election is 5 p.m. on Wednesday, August 22. To request a vote-by-mail ballot or track the status of your ballot, visit EscambiaVotes.com and click “Vote by Mail”, or contact the Supervisor of Elections Office at (850) 595-3900.
As a reminder, Florida holds closed primary elections. In partisan primary elections, you are only eligible to vote in primary contests for the party in which you are registered, unless it is a universal primary or nonpartisan contest. The deadline to register to vote or to change party affiliation is Monday, July 30.
Pictured: Over n 27,000 vote-by-mail ballot were mailed Tuesday in Escambia County. Photos for NorthEscambia.com, click to enlarge.
Portion Of Cove Avenue To Be Closed About A Week
July 25, 2018
Cove Avenue South between Nine Mile Road and Fretz Street will be closed to through traffic beginning Thursday. Signs will be posted directing traffic to detour along Fowler Avenue and Bowman Avenue. The closure is part of a project upgrading the existing sewer system to improve the sanitary system.
The roadway closure is expected to remain in effect for approximately seven days and every effort will be made to expedite construction efforts to reopen the road before Friday, Aug.3.
If other lane or roadway closures are necessary beyond the anticipated time periods, another notice will be issued.
Woman Doesn’t Get Far After Escaping From Escambia (AL) Jail
July 25, 2018
A woman only made it less than 100 yards away in an escape Monday night from the Escambia County (AL) Detention Center in Brewton .
Meagan Brooke Dantzler, age 26 of Atmore, escaped about 7 p.m. from the women’s minimum security barracks.
Escambia County Chief Deputy Mike Lambert said Dantzler ran past a corrections officer as the officer entered the facility. He said she was wearing thermal underwear with food stuffed her her bra.
“It appeared she had been planning this,” Lambert said.
Her escape came at the jail’s shift change time, meaning that a larger than normal number of corrections officer were at the jail at the time of the escape. The Brewton Police Department and Escambia County (AL) Sheriff’s deputies formed a perimeter around the facility, and a K-9 team from the Fountain Correctional Facility in Atmore tracked Dantzler. She was found in a wooded area near the jail.
Dantzler was being held on burglary and theft charges. She will face an additional escape charge.
“She was captured due to the great cooperative effort of the Brewton Police Department and other law enforcement,” Lambert said.
Northview Cross Country Meeting Is Monday
July 25, 2018
There will be a Northview High School cross country meeting Monday, July 30 at 8 a.m. in the Northview library to discuss the upcoming season. Students interested in running cross country and parents are encouraged to attend. NorthEscambia.com file photo, click to enlarge.