Supreme Court Considers Right To Public Defender
June 8, 2012
Grappling with whether poor people are getting adequate representation, the Florida Supreme Court heard arguments Thursday about whether the Miami-Dade County public defender’s office should be able to decline to take cases because of overwork.
The dispute raises constitutional questions about the quality of representation provided to criminal defendants and the relationship between the courts system and the Legislature. Attorney General Pam Bondi’s office and a statewide group of prosecutors have fought the Miami-Dade public defender’s attempts to decline to take certain types of felony cases.
Parker Thomson, an attorney for the public defender, argued Thursday that the Supreme Court has said lawyers should not represent clients if they can’t effectively handle the cases.
“This court said when you can’t represent a person, get out,” Thomson said. “And if you have not yet accepted representation, decline.”
But Louis Hubener, an attorney for the state, pointed to a law that bars public defenders from withdrawing from cases solely because of “inadequacy of funding or excess workload.” Also, he raised questions about the past management of the Miami-Dade public defender’s office, saying it had not filled open lawyer positions and instead used the money to increase salaries.
“He (the public defender) has to be accountable to someone for the use of his resources,” Hubener said.
The Supreme Court, which typically takes months to rule in such disputes, will consider two decisions by the 3rd District Court of Appeal that sided with the attorney general and prosecutors. The issue has been in the court system since 2008 and involves two related lawsuits — one focused on the overall public defender’s office and the other focused on an assistant public defender.
In the lawsuit involving the overall office, for example, a circuit judge ruled that then-Public Defender Bennett Brummer could temporarily decline to take third-degree felony cases. The 3rd District Court of Appeal overturned that ruling in 2009 and followed a year later in the case involving the assistant public defender.
Public defenders sometimes withdraw from representing people because of conflicts that arise, such as two clients being implicated in the same crime. The state has a system of what are known as “regional counsels” that can take cases, and private lawyers also can be appointed.
The Supreme Court justices Thursday asked numerous questions of attorneys on both sides of the Miami-Dade case. Justices R. Fred Lewis and Barbara Pariente, for instance, questioned Hubener about meeting the constitutional requirement that poor defendants receive effective legal representation.
Pariente said she agrees evaluations have to be based on more than just excessive caseloads. But she also pointed to an assistant public defender with 600 or more cases, indicating she thought that could prevent effective representation.
“I can’t believe there was a lawyer who had a caseload during a year of 600 cases,” she said.
Justice Ricky Polston, meanwhile, asked Thomson whether the “heart of the matter” was not enough funding from the Legislature. Polston also asked how the Supreme Court could resolve the issues.
“We can’t just make a decision out of thin air,” Polston said at one point.
First Lady Hopeful Ann Romney Tours Escambia County Clinic
June 8, 2012
Ann Romney spent Thursday afternoon doing what she pledges to do if her husband is elected president: Bringing attention to breast cancer.
“My huge concern is bringing more awareness to breast cancer,” said Romney, who is a breast cancer survivor and who also lives with multiple sclerosis.
Romney, the wife of presumptive Republican presidential nominee and former Massachusetts Gov. Mitt Romney, toured the Woodlands Medical Specialists clinic on Davis Highway.
“If I have the duty, honor and privilege of being the next first lady, I want to make sure more attention is brought to centers like this and sort of good practices people can learn from,” said Romney.
Like Michelle Obama, who trumps better childhood nutrition and physical fitness, and Laura Bush, who used her role as first lady to encourage literacy, Romney said she would use the White House to help “bring a compassion to people who are struggling.”
In addition to breast cancer, “there would also be the diagnosis and treatment of multiple sclerosis, it’s a very mysterious disease for a lot of people,” Romney said. “If you can combine those two with anyone who is going through a lot of struggles, or having a hard time in life. That leads out to not just health issues.”
The Woodlands Medical Clinic touts itself as a “center for specialized medicine” concentrating on the treatment and prevention of various forms of cancers, blood disorders and diseases, abnormalities of the urinary system and breast health.
Linda D’Amore, the chief executive officer of the Woodlands, lead Romney on a tour of the facility’s breast health services center, its imaging center, radiation therapy unit and its chemotherapy infusion center. At the infusion center, she spoke with several patients who were receiving their therapy.
“She is a fabulous woman, down to earth. As a breast cancer survivor, she understands what we do here very well, so it was our pleasure, ” D’Amore said. To have a first lady dedicated to spreading breast cancer awareness “would be a big advantage.”
“The most important thing is for women to get screened. If they don’t get screened, they’re going to miss the opportunity to detect it early. To put any light on breast cancer, whether it’s the first lady or anyone who could so that, would be very important.”
Romney visited Pensacola on the third and final day of a visit to Florida. She started in Miami on Tuesday, where she met with a small group of Latino women voters. On Wednesday, she visited an equine therapy center in Ocala. There, she spoke about how equine therapy had helped her deal with MS.
Romney’s visit to Pensacola brought her to one of the staunchest Republican areas of the state. In Escambia County, 44 percent of voters are registered Republicans, with just 37.8 percent registered Republicans. In Santa Rosa, 57 percent of voters are registered Republicans, while just 25 percent are Democrats.
The former governor, however, was not the favorite of local Republicans in the January presidential preference primary. He came in second to the more conservative former Speaker of the House Newt Gingrich in both counties.
In Escambia, Gingrich got 38.8 percent of the vote, while Mitt Romney garnered 37.7. In Santa Rosa, Gingrich got 40.8 percent and Mitt Romney got just 33 percent.
By Louis Cooper
Pictured top: Ann Romney, wife of presumptive Republican presidential nominee Mitt Romney, toured the Woodlands Medical Clinic in Pensacola Thursday afternoon. Courtesy photo for NorthEscambia.com, click to enlarge.
Child Killed, Four People Injured In I-10 Wreck
June 8, 2012
A 10-year old Pensacola boy was killed and four other were injured in a single vehicle rollover accident Thursday morning on I-10.
According to the Florida Highway Patrol, Ladarius Drayton was pronounced dead at the scene of the accident between the Avalon Boulevard exit in Santa Rosa County and the Scenic Highway exit in Pensacola.
Niela V. Johnson, 28, was traveling on I-10 when she lost control about 11:25 a.m. while changing lanes. Her 1999 GMC 1500 SUV overturned multiple times across the westbound lanes of I-10. The SUV came to rest upright at the wood line next to the interstate.
Niela Johnson was seriously injured, as was front seat passenger Talacius O. Campbell, 27. Passenger Alyili Fields, 11, was seriously injured, while passenger Annasha Drayton was critically injured.
Charges are pending the outcome of the FHP’s investigation.
Pictured top: Debris is scattered across I-10 westbound following a fatal crash in Santa Rosa County. The SUV involved came to rest off the shoulder of the road. Pictured inset and below: At least one person was transported by LifeFlight to an area hospital following the crash. Photos by Rick Evans for NorthEscambia.com, click to enlarge.
Wahoos Earn Series Opening 5-2 Win Over Birmingham
June 8, 2012
The Blue Wahoos used a five-run sixth inning to roll to a 5-2 win over the Birmingham Barons in the first game of the five-game set from Regions Park in Birmingham on Thursday night.
With the Wahoos trailing 1-0, Joel Guzman hit a ground ball to third with the bases loaded, the ball was bobbled and the tying run scored without an out getting recorded on the play. With the bases still loaded, the next batter, David Vidal, was hit by a pitch to force in the go-ahead run. Yordanys Perez cleared the bases on the very next pitch with a double in the right-centerfield alley scoring all three runners and putting the Wahoos in front 5-1.
Tim Crabbe (3-2) pitched well for the Blue Wahoos by allowing just two hits over five-plus innings. He struck out six and was charged with two runs in earning his third win of the season. Donnie Joseph retired the final four Birmingham batters to earn his league-leading 13th save of the season. Simon Castro (5-3) was pegged with the loss. He was charged with all five Wahoos runs, only four were earned, over six innings.
The Wahoos have now won three of their last four and look for their second-straight win on Friday night. Lefty Tony Cingrani (0-0, 2.70) will oppose right-hander Cameron Bayne (5-4, 6.10). First pitch is set for 7:05 at Regions Park.
By Tommy Thrall
Pictured top: Tim Crabbe allowed just two hits over five-plus innings in the winning effort Thursday as the Blue Wahoos beat the Birmingham Barons. Photo by Chris Nelson for NorthEscambia.com, click to enlarge.
Two Business Owners Busted For Spice
June 8, 2012
The owners of two specialty “smoke shops” in Santa Rosa County have been arrested for selling illegal bath salts and spice.
Michael D. Johnson, owner of Stackhouse Records in Milton, was arrested on six separate warrants after undercover officers made numerous bath salt and spice purchases from his establishment this year.
Johnson was also charged with one count of possession of a controlled substance for a small amount of “spice” that was located in his establishment during a search warrant executed on April 3. Johnson was also charged with three counts of sale of amphetamine, eight counts of sale of a hallucinogen, one count of sale of a synthetic narcotic, and one count of possession of a controlled substance. He was booked into the Santa Rosa County Jail without bond.
Rachael Hartsell, owner of Showcase Smoke Shop in Milton was arrested on charges stemming from the execution of a search warrant at her business on April 3. Deputies said Hartsell was found to be in possession over 1,000 packages and 16 different brands of “spice”. She was also charged with selling spice to an undercover officer. She was released from jail on a $85,000 bond.
““We will continue to arrest those responsible for this type of activity. As with all illegal narcotics, they have no place in this county. We will continue to do our very best in shutting down any establishment that disregards the laws that are in place to keep our community safe and drug free,” Sheriff Wendell Hall said.
No Injuries In McDavid Rollover Accident
June 7, 2012
There were no injuries in a single vehicle rollover accident Thursday afternoon in McDavid.
The driver of a southbound car apparently lost control in a curve on Highway 29 near Cox Road just before 3 p.m., over-corrected, ran off onto the shoulder of the road and overturned. The vehicle came to rest upside down.
One person involved in the accident, 40-year old Brandon Link Austin, first told authorities that he was the passenger in the vehicle and not the driver. He was not injured in the crash. The Florida Highway Patrol’s investigation into the crash is continuing as they work to determine the driver of the vehicle.
Escambia County EMS, the McDavid Station of Escambia Fire Rescue and the Escambia County Sheriff’s Office also responded to the call.
Pictured: There were no injuries in this single vehicle crash Thursday afternoon in McDavid. NorthEscambia.com photos, click to enlarge.
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Cantonment Tax Office Closing Monday; Molino Office Opens July 2
June 7, 2012
The Escambia County Tax Collector’s Cantonment office will close next Monday, June 11, as it is moved permanently to a new location in Molino. A newly constructed 7,000 square foot building for the tax collector and property appraiser will open in Molino on Monday, July 2.
The Molino service center on Highway 95A will process motor vehicle and vessel registrations and titles, hunting and fishing licenses, property taxes, and business tax receipts. Limited driver license and ID card services will be available by appointment only. The new office will continue to offer drive thru service and a 24-hour drop box. Office hours will remain the same — Monday through Friday from 8:00 a.m. until 4:30 p.m.
The Molino office is opening ahead of schedule, according to Tax Collector Janet Holley, as construction continues next door to covert the old Molino School into a 15,600 square foot library, community center and museum by November.
“We could not move during tax season,” Holley said, “so we are glad to be moving in now.” By October, the office is busy preparing tax bills.
The county currently leases the Cantonment service center location in the old Winn Dixie Shopping Center for about $60,000 per year. That money, Holley said, will likely be saved and returned by her office to the county’s coffers at the end of the fiscal year.
The current employees at the Cantonment location will be transferred to the tax collector’s Marcus Pointe office during the move, and then moved to Molino on July 2.
“The new Molino office really looks great; we are pleased,” Holley said.
The new Molino tax collector and property appraiser office will also house a polling station for early voting and elections.
Other Escambia County Tax Collector offices are located as follows:
Marcus Pointe
6451 North W Street
Pensacola, Florida 32505
Warrington
507 North Navy Boulevard
Pensacola, Florida 32507
Downtown
213 Palafox Place
Pensacola, Florida 32502
All offices are open 8:30 a.m. until 4:30 p.m. Monday through Friday.
Pictured: The new Escambia County tax collector and property appraiser office in Molino. NorthEscambia.com photo, click to enlarge.
Sorry I Hit Your Car: No Money, No Driver’s License, No Insurance
June 7, 2012
When Flomaton resident Ashley Kirk finished her shopping at Century’s Food Giant, she was surprised to find that someone had hit the side of her 2000 Nissan Maxima and driven away. But she was even more surprised at the note left behind by someone that apparently had a load on their conscience.
“Apparently someone either backed out and hit me or just went down the side of my car with theirs. Not really sure, but when I read the note I couldn’t help but to bust out laughing,” Kirk said.
“Sorry I hit your car no money no driver lisense and no insurense but had to get of my cheste. Sorry agin,” the note riddled with spelling errors said.
“Well at least they were honest,” she said “Kind of felt sorry for them. My vehicle has been hit before and the person left, but never has this happened before. I got a good laugh out of it.”
Kirk does have full coverage insurance that will pay for her repairs.
Submitted photos for NorthEscambia.com, click to enlarge.
Feds Dismiss County Claims About Poarch Creek Land, Casinos
June 7, 2012
A federal official has notified the Escambia County (Ala.) Commission that the land where the Wind Creek Casino sits is protected tribal land, shooting down the commission’s claims that a Supreme Court decision says the contrary.
In April, the commission said it wanted the Poarch Band of Creek Indians to start paying property and other other taxes on tribal lands in Atmore — including the Wind Creek Casino — because they don’t legally qualify to operate tax free. The commission fired off a letter to the U.S. Department of Interior claiming the lands should fall under local and state jurisdiction.
The county’s claims were denied in a two-paragraph letter from Donald Laverdure, acting assistant secretary of Indian affairs for the U.S. Department of the Interior.
“The Department of the Interior can confirm that the land referenced in your letter was acquired in trust by the United States in 1984 and proclaimed to be a reservation in 1985,” Laverdure’s letter states. “The (Poarch Band of Creek Indian’s) reservation, including the portion of the reservation that is situated within the geographical boundary of Escambia County, Alabama, is held in trust by the United States for the benefit of the band. As such, the band enjoys all rights and privileges associated with having its reservation held in trust by the United States under federal law.”
The Escambia (Ala.) Commission had claimed in its letter that a 2009 Supreme Court ruling that said essentially that under the Indian Reorganization Act of 1934, the federal government had no right to create land trusts with tribes that were not recognized by 1934 — 50 years before the Poarch Creeks were recognized.
Laverdure’s letter did not directly respond to the claims about that 2009 Supreme Court decision in Carcieri v. Salazar.
The Escambia County (Ala.) commissioner that represents the Atmore area, Brandon Smith, publicly expressed his opposition to the commission’s claims and letter to the Department of the Interior.
Jacksonville Edges The Pensacola Blue Wahoos 2-1 To Take Series
June 7, 2012
Jacksonville starting pitcher Matthew Neil shutout Pensacola over six shutout frames, while center fielder Donnie Webb totaled three hits and fell a double short of the cycle as the Suns topped the Blue Wahoos 2-1 on Wednesday night at Pensacola Bayfront Stadium.
The win gives Jacksonville a 3-2 series victory and improves their season’s record to 28-32, while Pensacola fell to 27-33 on the year. It was the third time in four series this season that the final game decided a series between the two teams.
The Suns got on the board with single scores in the third and fifth frames. Webb led off the third with a triple before scoring on a sacrifice fly to center, while Webb would increase the advantage to 2-0 with a solo homer to right in the fifth.
The Blue Wahoos cut the deficit in half in the eighth when CF Ryan LaMarre started the frame with a base knock and advanced to second and third on a Jacksonville fielding miscue, before he came home on RF Josh Fellhauer’s sacrifice fly to right.
Neil (6.0 IP, 5 H, 0 R, 0 ER, 6 SO)earned his first victory at the Double-A level after being promoted to Jacksonville on May 18, tossing six shutout frames and yielding just five hits while fanning six. Suns relievers James Leverton (1.2 IP, 1 H, 1 R, 0 ER, 1 SO) and Evan Reed (1.1 IP, 1 BB, 3 SO) followed Neil by combining to give up the lone unearned run on only one hit in the last three innings. Neil received his first hold of the year, while Reed notched his 12th save of the year to tie him for the Southern League lead.
Pensacola starter Daniel Corcino (5.0 IP, 5 H, 2 R, 2 ER, 1 BB, 5 SO) suffered the loss to fall to 2-4 despite allowing just two earned runs on five hits in five innings of work. Chris Manno (2.0 IP, 1 BB, 3 SO) and Drew Hayes (2.0 IP, 1 H, 3 SO) were outstanding in support of Corcino, surrendering just one hit and a walk in the final four scoreless frames.
Webb (3-4, 2 R, 1 3B, 1 HR, 1 RBI) and LaMarre (3-4, 1 R) each recorded three hits for their respective clubs, with each collecting half of their team’s six base knocks in the game. Blue Wahoos SS Didi Gregorius and 3B David Vidal each tallied a base knock in the contest to extend their hit streaks to nine and six respectively.
Pensacola will now travel to Birmingham to face the Barons, the Double-A affiliate of the Chicago White Sox, with the first pitch of the series scheduled for Thursday night at 7:05 pm. RHP Tim Crabbe is expected to get the nod for the Fish, while Birmingham is slated to send RHP Simon Castro to the hill.
By Andrew Green
Pictured: OF Ryan LaMarre tallied three hits in the Fish’s 2-1 loss Wednesday night. Photo by Chris Nelson for NorthEscambia.com, click to enlarge.