Supreme Court Justices Ponder Obama Health Care Law
March 29, 2012
The U.S. Supreme Court grappled with a complex question Wednesday in the Florida-led challenge to the 2010 federal health overhaul: If the so-called “individual mandate” is unconstitutional, should the rest of the law also be thrown out?
The 2,700-page law deals with wide-ranging issues, such as expanding Medicaid eligibility and creating insurance exchanges for people to buy health coverage.
But the lightning-rod issue is whether it is constitutional to require almost all Americans to have coverage in 2014 or pay a penalty — a requirement that has become known as the individual mandate.
Paul Clement, an attorney for Florida and other opponents, argued Wednesday that other major parts of the law are connected to the mandate and that justices should reject the entire Affordable Care Act if the coverage requirement is unconstitutional.
Justice Antonin Scalia backed Clement’s argument and also said it would be hard for the Supreme Court to determine which parts of the law should be allowed to continue.
“Is this not totally unrealistic?” Scalia asked at one point, according to a transcript of the hearing. “That we are going to go through this enormous bill item by item and decide each one?”
But more-liberal justices said parts of the law could stand, even if the individual mandate is found unconstitutional. In questioning Clement, they said Congress — not the Supreme Court — should be responsible for deciding whether to make changes to other pieces of the law.
“So why should we say it’s a choice between a wrecking operation, which is what you (Clement) are requesting, or a salvage job?” Justice Ruth Bader Ginsburg asked. “And the more conservative approach would be salvage rather than throwing out everything.”
The arguments came on the third day of the landmark arguments about the constitutionality of the Affordable Care Act.
The final session Wednesday afternoon centered on part of the law that would expand Medicaid eligibility. Justices heard arguments Tuesday about the individual mandate.
By The News Service of Florida
U.S. Marshals Nab Fugitive At The Barber, Another At The Beach
March 29, 2012
U.S. Marshals nabbed two fugitives in Escambia County Wednesday — a Mississippi home invasion suspect getting a haircut and a Louisiana escapee on the beach
Mississippi Fugitive
A fugitive wanted by law enforcement in Mississippi was arrested by the U.S. Marshals Florida Regional Fugitive Task Force in Escambia County Wednesday afternoon while seated in a barber’s chair getting a haircut. The Task Force started working this case over a week ago when they received information from Oxford City Police Department in Mississippi that Richard OKelley was believed to be in the Pensacola area.
At about 3 p.m. Wednesday the Task Force and along with Escambia Patrol and their TAC Unit caught up with OKelley at a barber shop in the New Warrington area. OKelley, 28, was wanted by the Oxford Police for armed robbery of a residence with a gun and aggravated assault.
The warrant for his arrest was issued in Oxford on March 6 of this year. Reports from Oxford indicated that OKelley along with another person took part in a home invasion and shot the homeowner. A struggle then ensued with the homeowner and the other robber when his gun went off and shot OKelley. When the Task Force found OKelley one of his calves had what appeared to be a bullet wound.
OKelley was transported to the Escambia County Jail where he will be arraigned before an Escambia County judge on Thursday before ever being extradited back to Mississippi.
Louisiana Fugitive
A man who escaped from authorities in Louisiana Tuesday morning was caught by the U.S. Marshals Florida Regional Fugitive Task Force in Pensacola and Escambia Patrol deputies in the parking lot of Casino Beach around 11 p.m. Tuesday.
Shawn Jolivette had walked away from a jail road crew work detail at about 10 a.m. Tuesday. Task Force Officers from Escambia, Santa Rosa and Okaloosa County Sheriff’s Offices and agents from FDLE converged on Jolivette when he stepped outside of a business and was walked out into the parking lot.
The 33-year old Jolivette was arrested without incident; however a stolen vehicle from Lafayette was recovered from the parking lot that had a loaded 9mm handgun under the front seat. At the time of his arrest, Jolivette was only charged with the car theft and not the gun. Escambia Crime Scene Unit on scene seized the weapon for further processing. The Bureau of Alcohol, Tobacco and Firearms were also notified and are looking into pursuing charges against Jolivette for a convicted felon in possession of a firearm.
At the time of his escape, Jolivette was incarcerated at the Avoyelles Parish Sheriff’s Office Jail in in Louisiana on several state charges of parole violation. There were also federal detainers lodged against Jolivette on federal firearms charges of which he had already been sentenced to 63 months in jail. It is unsure how Jolivette was assigned to a work detail while there was were federal detainers on him. Jolivette will remain in Escambia County Jail to face the local charges before being sent back to Louisiana.
Second Man Wanted In Homicide
March 29, 2012
Escambia County Sheriff’s Office investigators are searching for a second man wanted for the murder of Fredric Ortiz.
Rico Cordale Roberson is wanted for his involvement in the March 20 fatal shooting. Ortiz was found gunned down on Hayworth Avenue, just off Highway 29 near I-10.
Roberson’s accomplice, Bryan Hines, was arrested over the weekend at the Pensacola International Airport as he tried to use his pass card to get to work. Hines is being held at the Escambia County Jail under a $250,000 bond.
Roberson is described as being 5-foot 10-inches tall and weighing 205 pounds. He was last known to be driving a newer model white Dodge Charger that may be displaying a Louisiana tag. Roberson is known to frequent the Ensley and Lincoln Park areas, according to investigators. Roberson is considered armed and dangerous.
Anyone with information on Roberson’s whereabouts is asked to call the Escambia County Sheriff’s Office at (850) 436-9620 or Crime Stoppers at (850) 433-STOP.
Century Correctional Citizens Advisory Committee Meets
March 29, 2012
Century Correctional Institution is turning to a citizens group for advice on how the prison can better serve the community.
An organization meeting for the Century CI Citizens Advisory Committee was held Thursday morning at the prison with a group of community members that are involved with the facility in one form or another. Advisory Committee members include local school principals, government officials, law enforcement representatives and others — many of which utilize work crews from CCI.
“It’s a community partnership,” Warden Richard Comerford told the group. “These prisons were brought into these communities years ago for two reasons — to create jobs and for us to reach back out into the community.”
With an annual payroll of $17.3 million, plus about $1.8 million in operating expenses and about $1.2 million in food service allocations, the 1400-inmate Century CI has a significant impact on the Century-area economy, the warden said.
The Century Correctional Institution Citizens Advisory Committee will continue to meet throughout the year.
Pictured top: Century Correctional Institution Citizens Advisory Committee members and staff meet Thursday morning. Pictured inset: Warden Richard Comerford addresses the group. NorthEscambia.com photos, click to enlarge.
Stand Your Ground Law Clarification Needed
March 29, 2012
While there’s no consensus on whether the state’s “stand your ground” self defense law may apply in the Trayvon Martin case, and not everyone agrees on whether it’s bad or good law, a consensus is emerging that it may not be as clear as it could be as to what it allows and doesn’t.
As the 2005 law has come under intense scrutiny in the wake of the Sanford shooting of the unarmed 17-year-old Martin, veteran lawmakers haven’t been able to agree even on what the measure allows, which, the bill’s sponsor acknowledges may point to a need for clarification.
“There’s nothing in the statute that provides for any kind of aggressive action, in terms of pursuit and confront,” said Rep. Dennis Baxley, R-Ocala, who sponsored the measure in 2005. “So I think that’s been some misapplication of this statute. If anything could come out of this very tragic circumstance, it could be some clarification of when this applies and how.
It’s always hard to predict what lawmakers might do on a particular issue, but several members of the Legislature on both sides of the law – supporters and opponents – did say this week that it likely would come in for some clarification. And while there have been calls for repeal, particularly from a few black lawmakers, most said they thought some sort of change was more likely.
“There’s a critical and urgent need to look at the law, and at least clarify it, or explain it,” said Rep. Darryl Rouson, D-St. Petersburg, one of several African-American legislators who have called for revisiting the statute either in a special session, or when lawmakers convene.
The incoming Democratic leader in the House, Rep. Perry Thurston, D-Plantation, and also African-American, acknowledged that a full repeal of the law isn’t likely, but also referred to the general sense that prosecutors, police and even judges may not know exactly where the lines are in terms of self defense in a public setting.
“The concern is that the application has not been fully explained, there’s some vagueness about some of the terms,” said Thurston. “We just need to make sure it’s being applied appropriately.”
Supporters of the law, which allows the use of defensive lethal force in public without a duty to retreat first, say it’s not clear yet whether it would apply in the shooting death of Martin last month in Sanford. George Zimmerman, a community resident who had volunteered for the neighborhood crime watch, shot Martin in what he told police was self defense. The case has gained national attention but has also drawn new attention to the stand your ground law, which was first passed in Florida, but is now law in several other states. Zimmerman’s lawyer, Craig Sonner, said in a nationally televised interview, that the stand your ground defense probably would come into the case. Zimmerman hasn’t been arrested or charged with anything.
The measure largely expanded common law doctrine about what people may do to defend themselves when attacked in their home or car – they have long been able to stand their ground and fight force with force in those places. Under the 2005 law, that also goes for people who feel threatened out in public, in a street, a business, or at a public event, for example.
Meanwhile, the incoming Senate Democratic leader, Sen. Chris Smith, D-Fort Lauderdale, again urged Gov. Rick Scott to let lawmakers look at the issue sooner rather than later, pleading for the governor to call a special session. Smith had asked earlier this week for a special session on the stand your ground law, but Scott said he wants to wait until a law enforcement investigation is complete and then have a task force meet make recommendations on what, if anything, to do about the state’s self defense law.
“A preventable death is exactly what you’re risking now,” Smith responded in a second letter on Wednesday. “…We have more than enough evidence already on hand of the deadly confrontations and self defense claims to begin a closer examination of the law’s track record and whether changes are needed to stop its abuse. There is absolutely no reason the public should accept any delay when seven years of history already exist.”
Rep. Dwight Bullard, a Miami Democrat, said earlier this week that many who don’t think the law works very well might be OK with a new measure that seeks to clarify how it should work – but said that at a minimum that had to happen.
“If not, I can definitely look to see multiple offerings of repealing the law,” said Bullard.
Lawmakers aren’t currently scheduled to return until next year and won’t file new legislation until after the November election.
By The News Service Florida
Four Injured In Highway 29 Wreck (With Photo Gallery)
March 28, 2012
Four people were injured in a two vehicle crash about noon Wednesday on Highway 29, including two children airlifted to a Pensacola hospital.
The Florida Highway Patrol says Charles Edward Reed, 66, of Century pulled his 2006 Ford F250 pickup from Byrneville Road into the path of Chevrolet Equinox that was northbound on Highway 29.
For more photos from the scene, click here.
The driver of the Chevrolet, 36-year old Karen Michelle Murray of Jasper, Ala., was transported to Sacred Heart Hospital in Pensacola by ambulance. Her children, 12-year old Sara Murray and 13-year old Katherine Sherer,, were airlifted by LifeFlight to Sacred Heart Hospital. Reid was transported by ambulance to Jay Hospital. None of the injuries were considered severe.
Reid was cited by the FHP with violation of right of way.
NorthEscambia.com photos, click to enlarge.
71 Arrested As Deputies Crack Down On Meth (With Photo Gallery)
March 28, 2012
The Santa Rosa County Sheriff’s Office has made 71 meth-related arrests since late last year, including a handful of North Escambia area residents. And deputies are not done yet — they are looking for 13 more people on outstanding drug related warrants.
The investigation began in October 2011 after narcotics investigators began to receive increased complaints and information regarding meth activity in Santa Rosa County. according to Sheriff Wendell Hall.
Investigators began to target individuals that were purchasing large amounts of pseudoephedrine — one of the key components in making methamphetamines. The operation yielded 71 meth-related arrests as of Tuesday, plus 19 meth labs, 6 meth lab “dump sites”, 1 rolling meth lab in a vehicle and 791.4 grams of meth/meth oil with a street value of about $80,000.
For photos of one of the meth labs, click here.
Several of those arrested are from the North Escambia area. According to Santa Rosa County Jail records, they are:
- Clifford Eugene Kennedy, Cantonment — possession of listed chemicals with intent to manufacture a controlled substance
- Richard Paul Carpenter, Jay — producing marijuana
- Jessie Herman Ridderbjelke, Jay — producing methamphetamine, possession of drug paraphernalia
- Thomas Collinsworth, Jr., formerly of Jay now living in Milton — possession methamphetamine, possession of marijuana, possession of drug paraphernalia
- Kevin Francis Malone, formerly of Jay now living in Milton — possession of listed chemicals with the intent to manufacture a controlled substance
- Kimberly Ann Grant, Brewton – obtaining a controlled substance by fraud, three counts
- David Franklin Farmer, Pensacola — trafficking in methamphetamine, possession of narcotic equipment
- Amity Brianne Rogers, Pensacola — possession of listed chemicals with intent to manufacture a controlled substance
- John David Holmes, Pensacola — sale of a controlled substance
- James Allen McCoy, Pensacola — possession of methamphetamine with intent to distribute, possession of a controlled substance without a prescription, possession of marijuana, possession of drug paraphernalia
Last Friday, the Santa Rosa Sheriff’s Office conducted a warrants sweep with 19 of 32 targeted individuals arrested and two meth labs discovered. Deputies say they still have outstanding drug warrants for the arrest of the following 13 individuals:
- Meranda Anne Anderson
- Anthony Ray Barnes
- Glynn James Black
- Scott Allen Bosman
- Justin Allen Bowers
- Steven Raymond Byrd
- Brenda Kay Douglas
- David Wesley Johnson
- James Michael Measell
- Sara Megan Scott
- Jesse Jack Stephens
- Nathan Garret Stephens
- Charles Francis Teeter
Anyone with information about any of the 13 persons on the list above is asked to call Santa Rosa CrimeStoppers at (850) 437-STOP. Information that leads to a meth arrest means an automatic $500 reward.
For photos of one of the meth labs, click here.
Pictured: One of the meth labs discovered Friday by the Santa Rosa County Sheriff’s Office. Submitted photos for NorthEscambia.com, click to enlarge.
Sex Offender Released From Century Correctional Back Behind Bars
March 28, 2012
A convicted sex offender released from Century Correctional Institution has been arrested for failing to register with the state.
Kenneth Lamar Cobb, 36, was released from Century Correctional on February 27 with a GPS ankle monitor. According to an Escambia County Sheriff’s Office report, he visited the Escambia County Main Jail on that day to register as required as a sex offender, listing the Executive Inn on Pensacola Boulevard as his permanent address.
But the following day, he cut off his required GPS monitor and was listed as absconded by his probation officer. An address verification conducted by the Sheriff’s Office found that Cobb had spent only one night at the Executive Inn before checking out.
Cobb was arrested Monday on charges of failing to report a change in his address and failing to report vacating a permanent residence. He was booked into the Escambia County Jail with bond set at $30,000.
Cobb was sentenced to prison in 2009 as sexual offender for battery and false imprisonment of a minor.
Supreme Courts Digs Into Health Care Mandate
March 28, 2012
A divided U.S. Supreme Court quizzed attorneys Tuesday about the most-controversial part of the 2010 federal health overhaul — a requirement that almost all Americans have health coverage in 2014. It’s a case that was first heard in Escambia County as Judge Roger Vinson of Federal District Court in Pensacola ruled against the mandate.
Justice Anthony Kennedy, who is widely viewed as a swing vote, asked questions that indicated skepticism about Obama administration arguments that the Commerce Clause of the U.S. Constitution allows the requirement.
“I understand that we must presume laws are constitutional, but, even so, when you are changing the relation of the individual to the government in this … unique way, do you not have a heavy burden of justification to show authorization under the Constitution?” Kennedy asked U.S. Solicitor General Donald Verrilli.
Conservative justices Samuel Alito and Antonin Scalia hammered Verrilli about the limits of federal power, offering hypothetical questions about such things as requiring people to have burial insurance.
“You can get burial insurance. You can get health insurance,” Alito said, according to a transcript of the two-hour hearing. “Most people are going to need health care. Almost everybody. Everybody is going to be buried or cremated at some point. What’s the difference?”
But justices such as Elena Kagan and Ruth Bader Ginsburg appeared to side with an administration argument that the Commerce Clause allows the coverage requirement because the costs of treating the uninsured get shifted to other people — ultimately leading to higher premiums for the people with insurance.
“Those (uninsured) people are in commerce,” Kagan said. “They are making decisions that are affecting the price that everybody pays for this service.”
The arguments about the so-called “individual mandate” came on the second day of the Supreme Court’s landmark hearings in a Florida-led challenge to the federal health overhaul, known commonly as the Affordable Care Act. The hearings will end Wednesday with arguments about the constitutionality of part of the act that would expand Medicaid.
By The News Service of Florida
New Playground Installed At Hurricane Park
March 28, 2012
A new playground has been installed at Hurricane Park in Flomaton. The park is located on Highway 31 across from Flomaton High School. NorthEscambia.com photos, click to enlarge.
