Perry to Ala Republicans: Time to cut government

Associated Press

Perry

BIRMINGHAM, Ala. (AP) — Texas Gov. Rick Perry is telling Alabama Republicans it's time to reduce the size of government and make the country friendlier to job-creating businesses.
Perry spoke at a fundraising dinner for the Alabama GOP on Friday night. The appearance came on the eve of his expected presidential announcement.
The conservative successor to one-time Texas Gov. George W. Bush didn't refer directly to his presidential plans. But he did ask audience members to send him a text message to get their phone numbers in his databank.
Perry called the federal government a "sprawling mess" that needs to be returned to the limited sized envisioned by the nation's founders in the Constitution.

Gambling trial could affect Ala. Legislature's

Associated Press

MONTGOMERY, Ala. (AP) — Some Alabama lawmakers say a federal corruption trial will change the way business is done at the Statehouse even though jurors either acquitted defendants or did not reach a verdict on the charges.
Democratic state Rep. Alvin Holmes of Montgomery said he expects other legislators to adopt his philosophy of not being influenced by campaign donations.
Macon County casino owner Milton McGregor, four former and current state senators and four others were on trial for the past 10 weeks on charges there was a conspiracy to influence the vote on legislation to legalize electronic bingo machines at some locations.
Republican House Speaker Mike Hubbard said the trial combined with tougher ethics laws could make lawmakers be more careful in the way they do business.

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Ala. judge orders seized bingo machines returned

Associated Press

MONTGOMERY, Ala. (AP) — Alabama's attorney general lacked probable cause to seize electronic bingo machines at Greenetrack in Eutaw, and a warrant used to take the machines contained misleading information, a judge has ruled.
Special Greene County Circuit Judge Houston Brown on Wednesday ordered the state to return to Greenetrack the electronic bingo machines seized by law enforcement officers after an investigation by Attorney General Luther Strange's office.
Strange said he would ask Brown to delay implementation of his order, and said he would immediately appeal to the Alabama Supreme Court.
"We strongly disagree with the court's findings and characterizations of the state's actions," Strange said in a prepared statement.
The machines were seized on May 31 after Brown granted a search warrant when the attorney general's office alleged that the machines were "slot machines."
In his order, Brown accused the attorney general's office of "judge shopping" when it originally had him appointed by the state Administrative Office of Courts to be a special judge and did not go to Greene County's two judges, Circuit Judge Eddie Hardaway and District Judge Lillie Jones-Osborne.
Greenetrack manager Luther Winn did not immediately return calls seeking comment.
Greenetrack was once one of the South's more successful greyhound race tracks, drawing in large crowds after the track opened in the 1970s. It was once home to one of the nation's top winning greyhounds, the legendary Joe Dump. But the track hit hard times as casinos opened in Mississippi and surrounding states created lotteries. Eventually the greyhounds stopped running and Greenetrack was left with simulcasts of horse and dog races around the country. Dump is buried on what was once the track's finish line.
The track reopened with electronic bingo machines after voters approved a constitutional amendment allowing bingo in the county. Employment at the track grew to about 400, but just a skeletal staff remains after the most recent effort to close it. Racing simulcasts are the only remaining activity at the track, about 40 miles southwest of Tuscaloosa.
State Sen. Bobby Singleton, who represents Greene County, said he hopes the judge's ruling will allow Greenetrack to put people back to work.
"I think this is a lesson to the governor and the attorney general for them to stop using the resources of the state to shut down legitimate businesses," Singleton said.
Greenetrack was closed last year in a raid by former Gov. Bob Riley's anti-gambling task force. The casino later reopened using machines that track operators said complied with an Alabama Supreme Court ruling that defined bingo. Those were the machines seized in May.
Strange has said he considers electronic bingo games to be slot machines. But Brown said in his order that the amendment to the Alabama Constitution allowing bingo at Greenetrack does allow the games to be played on electronic machines. A witness for the attorney general at a hearing before Brown said the bingo games must be played on paper.

Federal appeals court upholds Langford conviction

Associated Press

BIRMINGHAM, Ala. (AP) — Former Birmingham Mayor Larry Langford on Friday lost an appeal of his conviction on bribery, conspiracy, money laundering and other charges.
The U.S. 11th Circuit Court of Appeals turned down Langford's appeal of his conviction on 60 counts concerning his activities when he was president of the Jefferson County Commission. Langford asked that his 2009 conviction be overturned because his attorneys said the evidence was insufficient to sustain some of his convictions.
Langford's attorney, Michael Rasmussen of Birmingham, said he had not had time to study the ruling and did not have any immediate comment.
A three-judge panel of the 11th Circuit ruled it could not find any basis to overturn Langford's conviction. Langford was mayor of Birmingham at the time of his conviction.
Langford is serving a 15-year prison sentence at a federal prison in Ashland, Ky. Langford was accused of receiving more than $240,000 in bribes.
First Assistant U.S. Attorney John England in the Northern District of Alabama said Langford's willingness to accept bribes "helped bring Jefferson County to the brink of financial ruin."
"Public officials are not above the law, and corruption among them will not be tolerated," England said.
Jefferson County is Alabama's largest and has suffered severe financial problems linked to a massive sewer project. County officials have been working since 2008 to avoid filing for what would be the nation's largest municipal bankruptcy. The financial problems occurred during a time when several county officials, including Langford, were convicted of taking bribes and other public corruption charges.
In the ruling, the appellate judges said the government proved "beyond a reasonable doubt" that as a county commissioner Langford "accepted bribes and did not disclose them to the public."
Evidence in Langford's trial showed he was taking tens of thousands in checks, fancy suits and jewelry from investment banker Bill Blount while his firm was among those advising the county to enter complicated bond deals for financing the sewer project.
The verdict marked a long fall for Langford, a one-time television news reporter who was once mentioned as a possible gubernatorial candidate in the 1990s.
As mayor, Langford was known for his flashy clothes and idea-a-minute style of governing. He drew both fans and critics with a series of plans for the state's largest city, including a bid to bring the Olympics to Birmingham in 2020.
Langford is also former mayor of the suburban town of Fairfield in western Jefferson County.

Woman sent to prison in Liberty National fraud

Associated Press

BIRMINGHAM, Ala. (AP) — A federal judge has sentenced a Florida woman to 15 months in prison on charges that she defrauded the Alabama-based insurance company she worked for in Florida.
U.S. District Judge C. Lynwood Smith Jr. sentenced 29-year-old Diana Bellomo of Ocala, Fla., on three counts of wire fraud and one count of mail fraud. Prosecutors said she created and submitted 259 fake insurance applications to her employer, Birmingham-based Liberty National Life Insurance Co., between March and July of 2010.
Authorities say Bellomo was managing the company's Lake Worth, Fla., branch. They say she received $83,814 in commissions on policies Liberty National issued on the fraudulent applications. Smith also ordered her to pay restitution.
She's scheduled to report to prison Sept. 29.

Shark bodies wash up on Alabama beach

WALA-TV

DAPHNE, Ala. (AP) — Biologists say they aren't sure about the type of the sharks that have washed ashore at Montrose Beach in Baldwin County.
WALA-TV reports that more than 14 sharks washed ashore.
Biologist Chris Denson says the bodies are too badly decomposed to determine the type of shark.
Marcus Drymon, Fisheries Biologist with the Dauphin Island Sea Lab, says there was a report of sharks on shore last month, and they turned out be bull sharks.
Researchers say the cause of death remains a mystery, but they say salinity has a major effect on the fish, and anything from a pulse of fresh water or extremely dry weather can change the amount of salt in the water.
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Information from: WALA-TV, http://www.fox10tv.com/

Ala. National Guard soldier killed in Afghanistan

Associated Press

MONTGOMERY, Ala. (AP) — An Alabama National Guard soldier was killed when his unit was attacked in Paktika province in Afghanistan.
Alabama Army National Guard officials confirmed that 41-year-old Capt. Waid C. Ramsey of Red Bay died Thursday of wounds suffered when his unit was attacked with small arms fire.
Alabama Army National Guard Commander Maj. Gen. Perry Smith said Ramsey was deployed to Afghanistan with the Guard's 20th Special Forces Group of Birmingham.
Ramsey is the second soldier from the 20th Special Forces Group to die in combat in Afghanistan in the last two years. Ramsey is the eighth Alabama National Guard soldier to die since the Sept. 11, 2001 attacks while deployed overseas in the war on terror.
Ramsey's unit is scheduled to return to Alabama later this year.

Former Rep. Schmitz to get resentenced next month

Associated Press

BIRMINGHAM, Ala. (AP) — A defense lawyer for former Democratic state Rep. Sue Schmitz of Toney is asking that she be sentenced to time served when she is resentenced on Sept. 6 in Birmingham.
U.S. District Judge David Proctor scheduled the hearing after a federal appeals court upheld her three mail fraud convictions but threw out four convictions for theft from a federally funded program.
Schmitz is due to finish her 30-month sentence on March 31, 2012, but defense lawyer Bill Clark filed court papers Thursday asking that she be released on time served.
Schmitz was one of 17 people who were convicted or pleaded guilty during a federal investigation of Alabama's two-year college system.

Remnants of Emily could redevelop; Muifa batters Okinawa; Central U.S. roasts

Tropical Storm Emily degraded into an open tropical wave yesterday afternoon, after Hurricane Hunters could no longer locate a center of circulation at the surface. Through the morning yesterday, the storm appeared to lose most of its strong thunderstorm activity on the north side, and mid-level circulation was broad (tropical cyclones need a tight, coherent circulation to maintain themselves). Soon after the Hurricane Hunters took a pass through the storm, the National Hurricane Center demoted Emily from a tropical storm to a remnant low, while continuing to stress the rainfall threat to Hispaniola and eastern Cuba. Today it appears the center of the remnants are located just north of eastern Cuba in the southern Bahamas, although thunderstorm activity continues across eastern Cuba. Hispaniola probably saw rain and thunderstorms again early this morning, the strongest of which were on the eastern side of the island. New thunderstorm activity is starting to develop in the southeast Bahamas. Given Wednesday's rain gauge analysis from CPC, Hispaniola probably saw at least an additional 5 inches of rain yesterday.

Environmental conditions remain pretty much the same as yesterday, but are expected to become more favorable for Emily's remnants, and redevelopment of the storm is possible. Circulation from the low to mid-levels is still broad and tilting to the east with height due to the lingering moderate westerly wind shear. However, this shear is expected to dissipate some over the next 24 hours, and signs of this are already present to the west of the remnants. The dry air that has been following the storm since its inception has dissipated, as well.


Figure 1. Satellite imagery of the remnants of Tropical Storm Emily as they move northwest away from Cuba and Hispaniola and into the Bahamas.

Forecast for Emily's Remnants
Interestingly, the models have come into better agreement on the forecast for former Emily now that it has lost its surface circulation and degenerated into a tropical wave. The ECMWF, which has come out ahead in this forecasting game so far, is optimistic today that Emily will redevelop. Other global models—GFS, CMC, and FIM—also redevelop the storm. Consensus on timing of redevelopment seems to be when the wave reaches the northern Bahamas in 24 to 48 hours. At 12Z (8am EDT), the high-resolution HWRF model run forecasted a track that was furthest to the west of all the models, scraping eastern Florida as it travels northwest. The most probable track and intensity forecast that I see at this point is north-northwest movement over the next 24 to 36 hours, at which point the system will take a fairly sharp turn to the northeast and out to sea. Without an already established, coherent circulation, it appears unlikely that if Emily is reborn it will intensify into anything more than a moderate tropical storm. However, there is some potential as the system moves out to see that it could gain some strength and develop hurricane-force winds before it transitions into an extra-tropical cyclone.

Typhoon Muifa passes to the south of Okinawa, heads into East China Sea

The center of Typhoon Muifa passed to the south of Okinawa earlier this morning (Eastern time) and it continues to batter the islands with high winds and torrential rain. Local radar estimate rainfall rates as high as 80 mm/hour (approx. 3 inches/hour) in the strongest rain bands. Kadena Air Force Base near the city of Okinawa has been reporting sustained winds of 47 mph with gusts up to 72 mph. Muifa is expected to turn northwest today as it enters the East China Sea as a category 1 on the Saffir-Simpson scale, and then intensify into a category 2 as it passes close to eastern China. This morning, the forecast is that Muifa will probably not make landfall anywhere as a typhoon.


Figure 2. Radar imagery from the Japan Meteorological Agency around 1am JST. Scale is in millimeters. Highest rainfall rates appear to be approximately 3 inches/hour.

South-Central U.S. continues to bake

The extreme heat continues again today after 269 high maximum and 250 high minimum temperature records were set yesterday, 19 and 29 of which were all-time records, respectively. 206 of yesterday's records were 110°F or higher. Yesterday, Reuters was reporting that Texas was one power plant shutdown away from rolling blackouts. The forecast today doesn't look any better. Heat index values up to 125° are forecast in eastern Texas and the Lower Mississippi Valley.

Particularly toasty heat index values from yesterday:

• Mobile, Alabama: 120°
• Arkadelphia, Arkansas: 121°
• Bay St. Louis, Mississippi: 121°
• Memphis, Tennessee: 122°


Figure 3. Heat index forecast from the ECMWF for today. Scale is in degrees Fahrenheit. You can plot model forecasts using Wundermap by choosing the "Model Data" layer.

OZARK POLICE DEPARTMENT DAILY CRIME BULLETIN

@ 12:45 am. Attempted Suicide. Patterson Dr. Complainant (Sonda Medley) stated she confronted her
boyfriend/suspect (Johnny L. Russell) about personal matters. Complainant stated she left the suspect
alone in the bedroom. Suspect came out of the room, obtained a steak knife and began cutting himself.
 
@ 8:04 am. Criminal Mischief 3rd. Mixon School Rd. Victim (Elaine Huss) stated an unknown suspect(s)
cut all four tires on her vehicle. 

@ 8:17 am. Criminal Mischief 3rd. Mixon School Rd. Victim (Virginia A. Kyser) stated an unknown
suspect(s) cut the victim’s rear driver’s side tire. 

@ 10:30 am. Criminal Mischief 3rd. Briarhill Ct. Victim (Melanie Wheeler) stated suspect (Michael
Cooper) threw an unknown object at her vehicle causing minor damage
. 
@ 12:05 pm. Harassing Communications. Andrews Ave. Victim (Jennifer F. Waugh) stated suspect (Sean
Stifler) called her stating he worked for a law firm that had a claim against her from a cash advance
company from the year 2008. Victim stated she has never taken out this type of a loan. 

@ 2:24 pm. Harassment. Hull St. Victim (Hosea Crittendon) stated suspects (Kevin Shipman) and
(Rodney Stuckey) have threatened him over money he owes them. 

@ 8:17 pm. Fraudulent Use of Credit/Debit Card. Discount Tobacco. Victim (Seth M. Shook) stated
suspect (Tammy P. Barnette) used his credit/debit card without permission.
 
@ 8:36 pm. Theft of Property 1st.  AACFCU (online). Victim (Seth M. Shook) stated suspect (Linda Hurt
Moody) had been removing money from his bank account via the internet.
 
@ 8:57 pm. Robbery 1st. Andrews Avenue. Victim (Tamalyn S. Thompkins) stated an unknown suspect
pulled out a handgun, demanded her purse and fled the scene.

@ 9:01 pm. Harassment. Andrews Ave. Victim (Ingrid M. Mechur) stated suspect confronted her at her
residence over a rent payment. 

@ 9:08 pm. Burglary 3rd/Theft of Property 1st. Eufaula St. Victim (Seth M. Shook) stated suspect (Tammy
P. Barnette) was asked to take some of his belongings for safe keeping. When victim was giving his
belongings several items were missing. Victim is unsure if suspect (Barnette) or an unknown suspect took
the items. 

@ 9:55 pm. Domestic Dispute. Candlewick Blvd. (Timothy J. Loyless, Sr.) and (Timothy J. Loyless, Jr.) 
were arguing over personal matters.

ARRESTS:
Antonia Venetez Stuckey – Failure to Appear. 186 Stanford Pl. 24 YOA

Books A Million employee arrested for theft

On August, 2011 the Dothan Police Department made a felony arrest following a brief theft investigation. Investigators learned an employee of Books A Million was stealing merchandise from his employer. The case was turned over to police by security members of the business and has now been closed following the arrest.

·        Odis Wayne Steward, black male, 51 years of age, of Liberty Court was arrested and charged with Second Degree Theft of Property with a $5,000 bond.

Tropical Storm Emily stalls, remains a threat to Hispaniola

All afternoon, Tropical Storm Emily has remained on a westward track with maximum sustained winds of 50 mph. In the 8pm EDT update from the National Hurricane Center, the storm was nearly stationary, with no forward movement. The storm gained some thunderstorm activity over its center of circulation throughout the day, but remains sheared to the east. In order for tropical cyclones to intensify (or, continue to exist at all), they need to be vertically stacked and standing straight up in the atmosphere. Emily continues to be tilted east due to 20 knots of westerly wind shear, which is apparent on satellite and also in recent satellite analysis of upper-level circulation.

Emily's tropical storm-force winds extend 115 miles to the north and east of the center, and tropical storm conditions are probably already being felt in Hispaniola. Isolated rainfall amounts of up to 20 inches are expected on the eastern side of the storm. The longer Emily tracks west before making a turn to the northwest, the more likely it is that Haiti will see the heavier rainfall amounts. In any case, Emily is a serious threat for flash flooding and mudslides on the island of Hispaniola and eastern Cuba.


Figure 1. MODIS satellite imagery from earlier today, plotted using NASA's new Rapid Response Web Mapping Service.

Forecast for Tropical Storm Emily
The forecast for Emily remains similar to this morning's update, with a slight shift to the east in track. The National Hurricane Center forecasts that the storm will make landfall in Haiti overnight tonight or early tomorrow as a tropical storm. After that, it will continue on a track to the northwest until Saturday, when it will turn to the northeast and out to sea. This is all assuming Emily makes the turn to the northwest over the next 12 hours.

This afternoon the HWRF and GFDL shifted their forecast track slightly to the east away from the Florida coast. Consensus shifted this way as well, and that change is also present in the official forecast track. As the storm moves north of Hispaniola and Cuba, environmental conditions will become more favorable, and the storm could gain some organization. But this is very hard to predict since Emily hasn't actually made a turn to the northwest, yet. Furthermore, the longer Emily tracks to the west, the more of a threat it becomes to the Florida coast.

Typhoon Muifa a landfall threat for China coast

Typhoon Muifa has sustained winds of 109 mph, with gusts up to 132 mph, and is a category 2 on the Saffir-Simpson Hurricane Scale. Muifa's concentric eyewalls are plainly visible on both infrared satellite imagery as well as radar, which is indicative of a mature, intense cyclone undergoing eyewall replacement cycles. Typhoon Muifa is expected to remain a category 2 with winds of at least 104 mph through mid-day Saturday, at which point it is forecast to intensify slightly to a category 3 as it approaches the China coast. As of this afternoon, Muifa is expected to make landfall south of Shanghai, near Zhoushan, Saturday afternoon or evening (local time). In addition to being a serious threat to all of the involved coastal cities, this is a particularly dangerous track for Shanghai and Hangzhou, since near-hurricane-strength winds will be out of the east, pushing water into the surrounding inlets. The forecast landfall location has been trending south along the coast, so it doesn't appear that China will be able to escape a Muifa landfall.


Figure 2. Infrared satellite imagery of Typhoon Muifa from August 3rd.

Dr. Carver will have an update later tonight should there be any interesting changes to Emily or the forecast. I'll be back tomorrow with another post.

• Garrett Allan Maddox, white male, 20 years of age inhales air duster while driving , passes out and crashes

On August 3, 2011 the Dothan Police Department responded to a crash involving a vehicle versus a building. Members of the Traffic Division were requested and responded to handle the case. The investigation revealed that the driver, Garrett Allan Maddox, ingested “Dust Off”, a can of compressed air used to air clean electronic equipment, by huffing the substance. Maddox lost consciousness and ran off the road while traveling on Honeysuckle Road.  The vehicle entered a cemetery and collided with many headstones before exiting the cemetery and crossing South Park Avenue where it ran through a fence enclosing the Stonecreek Landing Subdivision. The vehicle continued and collided with another fence within the community and exited the subdivision.  Maddox’ vehicle then crossed Moore Road and collided with the West Side of Selma Baptist Church, causing substantial damage. The driver was arrested for Driving Under the Influence of Any Substance Which Impairs the Mental or Physical Faculties.

·        Garrett Allan Maddox, white male, 20 years of age, of Brushfire Drive was arrested and charged with Driving Under the Influence of Any Substance Which Impairs the Mental or Physical Faculties with a $500 bond.

felony arrest following an investigation of a stolen vehicle

On August 2011 the Dothan Police Department made a felony arrest following an investigation of a stolen vehicle. Investigators say Brittney Danzey was arrested and charged with first degree theft for taking a 1995 Chevrolet Impala on July 28, 2011. The vehicle was later located in Dothan where it had been abandoned and the case has now been closed following the arrest.

·        Brittney Nichole Danzey, black female, 25 years of age, of Junaluska Avenue was arrested and charged with First Degree Theft with a $5,000 bond.

Record number of towns join Ala. sales tax holiday

The Birmingham News

BIRMINGHAM, Ala. (AP) — A record number of Alabama communities will participate in a back-to-school sales tax holiday.
Authorities will temporarily stop collecting the 4 percent state sales tax on designated school supplies and clothing from Friday through Sunday. The local sales tax will also be exempted in 272 participating communities, which is five more towns than last year and the most since the program started in 2006.
The Birmingham News reports that one notable exception is cash-strapped Jefferson County, which could become the largest-ever U.S. municipality to declare bankruptcy.
The National Retail Federation estimates that Southern shoppers will spend about $615 per family on back-to-school purchases.
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Information from: The Birmingham News, http://www.birminghamnews.com

Audubon backers papers held in Ala. archives

Montgomery Advertiser

MONTGOMERY, Ala. (AP) — John James Audubon's paintings and sketches of birds and mammals made him a legend during his lifetime, and an important link to his 19th-century success story is housed in Montgomery.
They are not Audubon's artifacts, but they do come close in the form of papers and artifacts once owned by his chief financial backer — Edward Harris.
In 1843, Harris accompanied Audubon on the Upper Missouri River expedition and brought back a treasure trove of items secured from Indian tribes along the way.
History professor and author Daniel Patterson provided a special treat for history buffs Thursday when he traced the background of both men, touching on their unique relationship as well as their pioneering contributions to the country.
"Audubon was a man of extreme commitment to his work," said Patterson, who spoke at the state Department of Archives and History. "He was a very passionate man and that was evident by his writings."
Patterson, an English and literature professor at Central Michigan University, said Audubon, who died in 1851 at the age of 65, possessed "incredible energy." He slept only a few hours a night and then continued working throughout the rest of the day.
As Audubon slowly built his reputation, he killed thousands of birds in order to sketch and paint them. Then, he sold his works for $2 or $3 each to help finance his projects, Patterson said.
"He's generally representative of one or two extremes -- either an environmental saint or the bird butcher of the world for all the birds he killed during his career," said Patterson.
Audubon's travels and paintings he derived from them during the first half of the 19th century "probably made him one of the five most popular Americans by the late 1830s," Patterson said.
"There was George Washington, Thomas Jefferson, Benjamin Franklin, somebody else and then Audubon," said Patterson. "He had become an international celebrity by that time."
During the Missouri River expedition, Patterson said, Harris did more than just tag along to view the wildlife. He became an active participant and made notes to help him complete his own manuscript of the trip.
"Harris' journal was the second most important eyewitness testimony to everything that happened on this expedition," Patterson said.
Most authors bring along books to sell, but Patterson did more than sign copies for those in the audience. He followed up by offering details about the artifacts that Harris brought back from the trip to the Upper Missouri River.
Archives curator Bob Bradley said the Harris artifacts, which include a bison horn used to hold Harris' gunpowder, are available to view by appointment only. The collection was donated to the state Archives by Harris' descendants.
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Information from: Montgomery Advertiser, http://www.montgomeryadvertiser.com

An AP Member Exchange

Police: Officer in deadly wreck was driving 43 mph

WALA-TV

MOBILE, Ala. (AP) — Mobile police say an officer was driving 43 mph in a 35-mph zone while responding to a report of gunshots when his patrol car collided with two pedestrians, killing one of them and seriously injuring his wife.
Mobile Police Chief Micheal Williams said Officer Richard Brown was responding to a report of shots fired when he hit Michael Bragg and his wife, Mary, as they crossed a street Friday night.
Williams said Brown didn't see the couple until it was too late. He said the police department used the GPS unit in Brown's patrol car to pinpoint his speed.
WALA-TV reports (http://bit.ly/pfSOGT) that Brown remains on paid administrative leave.
Police said the Braggs are from Overland Park, Kan., and were on their way to Florida when they stopped in Mobile.
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Information from: WALA-TV, http://www.fox10tv.com/

AG ANNOUNCES PRISON SENTENCE FOR WOMAN WHO STOLE RETIREMENT SAVINGS FROM HER HOSPTIALIZED MOTHER

(MONTGOMERY)-- Attorney General Luther Strange announced that a woman has been sentenced to serve two years in prison for stealing $130,000 of retirement savings from her hospitalized mother. Debra Davis pleaded guilty October 18, 2010, to first-degree theft, and on July 28, she received a sentence of 10 years imprisonment, of which she was ordered to serve two years with the remainder suspended and followed by three years of supervised probation.

“A jail sentence is fitting for the crime committed by this woman, who raided her mother’s retirement accounts and then gambled away the money her mother had saved and depended upon for the later years of life,” said Attorney General Strange. “This is a tragic betrayal that continues to cause tremendous suffering and loss for the victim.”

In prior hearings, the Attorney General’s Office presented to the Court the facts of the crime: Davis’ mother, Doris Anderson, of Wetumpka, was hospitalized in critical condition in December of 2008 and remained there until March of 2009. Davis obtained power of attorney for her ill mother, and used it to access and to deplete the entire savings in her mother’s retirement accounts.

Sentencing had been set for April 6, but Davis failed to appear and a warrant was issued for her arrest. She surrendered on May 2, and has been incarcerated since then. In addition to her imprisonment, she is ordered to pay $100 a month in restitution.

According to information presented by the Attorney General’s Office at the time of sentencing, after Davis stole the money from her mother, she lost it by gambling. Furthermore, the mother not only is without her retirement savings, but faces a bill for federal taxes on the money that was stolen from her.

Attorney General Strange commended Assistant Attorney General Noel Barnes, chief of his Office of Consumer Protection, for bringing this case to a successful conclusion. He also thanked the Wetumpka Police Department for its investigation of the matter.

Out of prison 1 day on FEMA fraud charges, Clarke County woman commits new fraud

By Associated Press
MOBILE, Alabama — A Clarke County woman responsible for the region’s biggest personal fraud against the Federal Emergency Management Agency following Hurricane Katrina wasted no time committing a new offense when she got out of prison, prosecutors allege.
In fact, according to a federal prosecutor in Mobile, Lawanda Williams set the wheels in motion before she even got out of a halfway house Feb. 11. Assistant U.S. Attorney Sean Costello said Williams faxed documents to Alabama Power from a work-release job at a Taco Bell in Spanish Fort in preparation for fraudulently obtaining a loan in someone else’s name.
U.S. District Judge Ginny Granade threw the book at Williams today, rejecting the 37-year-old Jackson woman’s explanation that she intended to pay for the $3,000 worth of appliances she bought on credit.
“Frankly, Ms. Williams, I don’t believe your representations,” Granade said before sentencing her to another 2 years in prison, the maximum penalty. “The record from this court and others is that you are a con person and a fraudster. ... You have begun down a path from which there is no going back unless you decide to change.”
The judge also denied a request by Assistant Federal Defender Fred Tiemann to allow Williams to serve the sentence at the same time she serves a 10-year prison term imposed by a Clarke County Circuit Court judge for the same conduct.
According to court records, Williams got out of the halfway house on Feb. 11 and completed the purchase that same day in Jackson of a washer and dryer, a computer and a TV set from Alabama Power. A tip led Alabama Power to reclaim the items on March 4.
Williams admitted that she used the name and personal information of a woman named Tiffany Brooks, whom the defendant met in prison. Tiemann said his client knew she would not qualify for credit in her own name and had the woman’s permission to use hers.
“I wanted the court to be aware that the state is punishing her for the underlying conduct,” Tiemann told the judge.
Costello sought the 2-year maximum, noting that Williams has a string of criminal convictions dating to age 17 and that she has had only 2 months of verified employment in her life — in 1995.
“It’s the only appropriate sentence in this case. Frankly, it’s probably too little,” he said. “She had no intention of paying the money back.”
Williams pleaded guilty in 2006 to federal crimes stemming from her submission of 28 phony applications for assistance following Hurricane Katrina in 2005. FEMA approved 20 of those applications for $277,377.
Granade sentenced her in 2007 to 6 years and 3 months in prison and ordered her to pay back $267,377. The judge also ordered her to surrender 4 automobiles, real estate, televisions, electronics equipment and other items she purchased with the money.
At the request of prosecutors, Granade later chopped 8 months off of Williams’ sentence in recognition of assistance she provided in another case of FEMA fraud.