Sunday, October 05, 2008

5 OCT 08: BALLOT BOX BUSTERS?



This may be an ignorant question - but whatever happened to the Russell County NAACP? There was a chapter there several years ago. Does the Martin Luther King Day march double now as a reunion meeting?



I ask this question because Columbus NAACP President Bill Madison spoke at a Friday news conference in Phenix City. If anyone from a Russell County chapter was there, WLTZ didn't mention them. But then again, Madison wore his usual bright yellow jacket - and he DOES happen to be up for chapter re-election in November.



The Phenix City news conference concerned an investigation by the Russell County District Attorney. Prosecutors are doing another check of absentee voting - this time apparently involving the recent city election. Some people will stop at nothing to get Councilor Ray Bush arrested again....



Bill Madison complained prosecutors in Phenix City are trying to "open up the sacred ballot box." Sacred?! Let's see Madison try to make such a statement in the heart of Chicago....



Bill Madison says there should be a federal investigation, into why Russell County prosecutors are probing absentee voting. Hasn't he been paying attention to Alabama news? State Attorney General Troy King also wants a federal investigation - into why other counties haven't probed it enough.



It turns out Phenix City Councilor Arthur Sumbry already has contacted the Justice Department. He claims prosecutors and police officers are scaring voters, by knocking on their doors and asking questions. As we all know, these scare tactics should be left to the candidates....



Arthur Sumbry complains Phenix City officials and law officers are asking voters whom they supported and why, when it isn't any of their business. I can see his point about the privacy of voting. The questioning should be left for the news media pollsters, standing outside the Central Activities Center.



It was interesting to see Ronnie Reed standing in the background at Friday's news conference - because he's probably at the heart of what prosecutors are doing. You'll recall they tried to review all the absentee ballots Reed received to win a County Commission race in June. Did those voters organize a second Sunday picnic, to vote for Arthur Sumbry?



Yet Russell County prosecutors probably are trying to avoid what's happened in other Alabama counties. The state Attorney General has intervened in several cases where the voting seemed suspicious. If the District Attorney sits back and does nothing, Troy King could change his status from "accuser" to "accused."



This activity happens to come only days before the Phenix City runoff. Incumbents Ray Bush and Gail Brantley were runners-up in the first round of voting. If they fall short Tuesday, it probably ends their chances of having parking benches named after them on the renovated Broad Street.



Challenger Jimmy Wetzel openly declared on Friday's evening news the Streetscape work on Broad Street is a waste of money. In fact, Broad Street is closed all weekend for construction - well, except for business traffic. I think there's an auto parts store along that rough road, and it must be doing record business.



We moved up poker night to Wednesday again this past week. How did we do? Check our other blog, "On the Flop!"



E-MAIL UPDATE: Now to the Columbus election, and a response to the "debate" we mentioned Friday....



No need to have Lexis! The Court in Davis v. Zant found that the prosecutorial misconduct rendered the trial fundamentally unfair.



Davis v. Zant, 36 F3d 1538



The Court in Collier v. State found that the prosecutor's statements were improper and insinuated to the jury that it had a duty to protect the community from any future danger of Collier. "The prosecutor blatantly misused such evidence focusing the jury's attention on the fact that he had participated in a negotiated plea with Collier with respect to one of the transactions . . ." the prosecutor here blatantly misused such evidence by focusing the jury's attention on the fact that he had participated in a negotiated plea with Collier with respect to one of the transactions, by then pleading to them for forgiveness for his
"taking that plea bargain," and finally, by rallying them in what seems to have been his personal campaign to rectify in the instant case his actions in that prior case.



Collier v. State, 266 Ga. App 345



Duhhhhh - which candidate do you think this writer is supporting in the District Attorney's race?



The writer attached summaries of these two cases. Billy Collier was convicted of two stabbings at a bar in 2001. The Georgia Court of Appeals reversed that verdict in March 2004 - but the summary says it was due to "ineffective assistance of counsel." Collier's lawyer never objected to anything District Attorney Gray Conger said. So Conger's words may have been wrong, but the defense attorney saying nothing apparently was worse.



The words Gray Conger said in 2001 went back to a 1988 case, where Billy Collier received probation. During closing arguments, the prosecutor told jurors: "I want to plead and I want penance and I want forgiveness for taking that plea bargain...." Maybe Conger needs to make a similar plea at an upcoming campaign forum....



The Davis v. Zant case is a federal appeals court ruling of 1994, from a late 1983 homicide. The court granted John Michael Davis a new trial, based on "prosecutorial misconduct at trial" and misstatements by Gray Conger during closing arguments. Davis's attorney was Richard Hagler - who somehow has seen the light since 1983, and now defends accused law officers.



These two cases are eye-opening - but they also raise questions. Why were they not brought up in Gray Conger's other campaigns for District Attorney? Was his opponent in 2004 too busy trying to figure out why Conger switched to the Republican Party?



Another question is who's doing the deep digging into Gray Conger's legal record. This is the sort of stuff you'd only expect an attorney to do -- unless perhaps someone suggested Conger become John McCain's running mate.



We have one other e-mail, which doesn't seem political at all:



I just wanted to remind people to check the little box on their power bill to help others less fortunate to pay for their winter heating. This little chill in the morning air feels wonderful to us who don't fear the winter coming up. However,to the poor elderly and children it is an omen of what is to come...



My September bill from Georgia Power didn't seem to have that box. Neither did the Atmos Energy bill -- but the natural gas company does allow you to put payments on your credit card now. So you might not have to pay for a January cold snap until March or April, when you can't remember why the bill was so big.



Now for other quick notes from the weekend....


+ The evening news revealed the cook who was stabbed at Millie's Market on Independence Day is suing the store's manager. Lefty Incarnacion says he might countersue, because the cook errantly left the back door open for criminals. Are young people paying attention to this? You can get somebody's money without using weapons -- simply hire a good lawyer.



+ AAA advised NASCAR fans to fill their gas tanks well before reaching today's race at Talladega. Aw, c'mon! A few drivers probably are going to crash early - so have an open pit lane after the race ends, and give away the leftover fuel.



+ Vanderbilt was victorious over Auburn in college football 14-13. Auburn radio announcer Stan White called the Tiger offense "pathetic" -- and somewhere in Memphis, DeRon Furr may be considering a second college transfer.



(How about 5-0 Vanderbilt, off to its best start since 1943! Back then, a "Commodore" was an actual Navy rank - not a band name which only made sense with the song "Sail On.")



+ Georgia Tech downed Duke 27-0. So much for Duke trying to turn around its football legacy, by borrowing uniforms from the Indianapolis Colts....



+ Instant Message to Tyler Perry: Congratulations on opening your new studios, near Atlanta's Greenbriar Mall! I couldn't make the event - so did you dress like a man or a woman?



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