Has White Judicial Panel Already Stacked The Deck Against Black Alabama Judge Dorothea Batiste?

Dorothea Batiste

The Alabama Court of the Judiciary has ruled that Jefferson County Circuit Judge Dorothea Batiste will not be allowed to raise issues of sexual harassment in her disciplinary trial, which starts next week.

Batiste claims that retired Jefferson County Circuit Judge J. Scott Vowell brought charges against her with the Alabama Judicial Inquiry Commission (AJIC) in retaliation for her complaints of sexual harassment against him to the Alabama Attorney General's Office. Those claims are central to Batiste's defense, but Chief Judge J. Michael Joiner has ruled that she cannot raise them.

"We are going into this with our hands tied," Batiste's lawyer, Julian McPhillips, said. (See link to video at the end of this post.)

That Mike Joiner presides over the Court of the Judiciary, and the Batiste case, should be a major concern to Alabama citizens. Before Governor Robert Bentley appointed him to the Alabama Court of Criminal Appeals, Joiner served as a circuit judge in Shelby County. That's where my wife and I first encountered him and quickly learned that he is thoroughly corrupt.

Joiner was the original judge on a groundless lawsuit filed against me by our troublesome neighbor, Mike McGarity. We would come to find out that McGarity has an extensive criminal record, with at least eight convictions on his record. McGarity somehow managed to get a job as a bar-code operator at Blue Cross and Blue Shield of Alabama, even though the company is supposed to conduct stringent background checks because of its status as a federal Medicare contractor. How did Mike McGarity and his lengthy criminal history slip through the cracks? We intend to put that question to Koko Mackin, vice president for corporate communications and community relations at BC/BS of Alabama. 

We also discovered that McGarity has three older brothers who all have criminal records--although two of them, Marshall (suicide) and Bill (AIDS), have died. A third brother, Charles Alan McGarity, has the most "impressive" criminal history of all, with felony convictions for theft and grand larceny standing out on his record.

Mike McGarity's lawsuit against me, under black-letter Alabama law, had to be dismissed on a motion for summary judgment (MSJ) within roughly eight months time. On our first MSJ, McGarity filed no timely or relevant evidence in response to our sworn, material facts, which meant we had to prevail. (See Voyager  Guar. Ins. Co. v. Brown, 631 So. 2d 848, (Ala. Sup. Ct., 1993.) But Joiner ruled against us, violating his oath to uphold the law in the process.

On our second MSJ, McGarity filed no response at all--no answer to our MSJ (which raised issues that had not been raised on the first one); no evidence to counter our sworn, material facts; nothing. Summary judgment can't possibly be denied under search circumstances. Alabama law states that summary judgment is a nondiscretionary ruling. And when the nonmoving party presents no evidence to counter facts presented by the moving party, the facts on record are considered to be uncontroverted and summary judgment MUST be granted. We cited the relevant law in a previous post:

Rule 56(e) of the Alabama Rules of Civil Procedure makes it clear. So does Alabama case law: When a party opposing a properly supported motion for summary judgment offers no evidence to contradict that presented by the movant, trial court MUST consider the movant's evidence uncontroverted, with no genuine issue of material fact existing." Voyager Guar. Ins. Co., Inc. v. Brown 631 So. 2d 848 (Ala., 1993).

Law doesn't get more simple than that, but Mike Joiner couldn't get it right and denied our second MSJ. That's like having a college math professor who doesn't know that 2 + 2=4.

It's not that Joiner is confoundingly dense, of course. It's that he's corrupt. He ruled against us because McGarity's attorney was William E. Swatek, of Pelham. And as we have reported on numerous occasions, Swatek has a 30-year history of unethical behavior with the Alabama State Bar. He's been disciplined at least three times, including a suspension of his license, and he was tried for perjury in a criminal trial from the early 1980s. Public records show that Swatek unquestionably was guilty as charged, but an Alabama jury somehow voted to acquit.

Joiner stepped down from my case, upon my recusal motion, only after we discovered that he and Swatek are regular golf buddies. Under the law, Joiner was obligated to disclose that conflict at the outset, but he did not do it.

Alabama courtrooms are riddled with rogue judges, but none can be worse than Mike Joiner. And yet, he sits as chief judge of the Alabama Court of Judiciary, he will sit in judgment next week of Judge Dorothea Batiste--and he already has made evidentiary rulings that will keep her from raising key points in her defense.

That means Mike Joiner is a lapdog for the Alabama judicial establishment, led by Scott Vowell, and Judge Batiste almost certainly will be removed from the bench. Overwhelming evidence suggests Batiste is being railroaded and treated in a far more harsh fashion than her colleagues who are white or male--or perform according to Scott Vowell's bidding.

Officially, Batiste is in trouble for making excessive use of her contempt powers in domestic-relations cases. That almost certainly is not the real reason for the charges against her, and the mainstream Alabama press is showing signs of awakening to this unconscionable situation. Consider this from WSFA television station in Montgomery:

"I have known throughout all of this, people were going off into conference rooms, meeting together after hearings, coming up with strategies with how to remove me," Batiste said.

Batiste took office in 2011. She said it didn't take long for problems to arise with the presiding judge. She claims the judge harassed her racially and sexually. She also claims he tried to influence the outcome of certain cases.She said she complained to state officials.

"As that got back to the presiding judge, and the Alabama Judicial Inquiry Commission, which we think we acting as his agent, then certainly the heat was turned up on her greatly," said Julian McPhillips, Batiste's attorney.The presiding judge has since retired. The court ruled those harassment claims will not be factor during the trial, which begins on Monday.

With Mike Joiner sitting as chief judge, and Scott Vowell likely pulling strings from a booth off stage, justice almost certainly will not be served in the case of Dorothea Batiste.


Video: WSFA report on Dorothea Batiste case

Allegations of Bribery Are Flying In Alabama Case That Led To $25-Million Lawsuit Against Vance Jr.

Robert Vance Jr.

Public documents show that attempted bribery has been present in the Alabama case that led to a $25-million federal lawsuit against Jefferson County Circuit Judge Robert Vance Jr. Records also indicate that William B. Cashion, the octogenarian businessman at the heart of the controversy, has a history of bribing public officials.

Just when you think our "justice system" can't get any uglier, up pops a case like William B. Cashion and Western Steel Inc. v. Steven Mark Hayden, et al (Case No. CV-2012-209). After pondering some of the sordid details in this case, you might feel compelled to cleanse yourself with an industrial strength shower. (See key documents in Part 1 and Part 2 of a renewed motion for recusal, at the end of this post.)

Where to begin? Well, let's start with evidence of attempted bribery. From page 8 of Part 1 in the recusal motion:

At some point the office of Judge Robert Vance received cash from Western Steel and/or William Cashion. 

Defendant Steven Mark Hayden (“Hayden”) was asked about his knowledge of these funds. Hayden testified that he knew only what he was told by Defendant, Frankie Cashion (“Frankie”). . . . 

Hayden later filed a motion with the Court requesting disclosure regarding the bribe. . . . 

From the deposition it is clear that Plaintiffs’ counsel had information regarding the details of this bribe.

Vance admits in the record that cash came his way--and yet, he has resisted all requests for him to step down from the case. Exhibits 8-11 in Part 2 of the recusal motion provide key evidence. From the motion:

At a subsequent hearing Judge Vance was asked about the aforementioned cash. . . .  Judge Vance revealed that he had transmitted the funds to the Administrative Office of Courts (AOC) and that the Federal Bureau of Investigation was notified as well.

Now we know that the bribery issue is serious enough for the FBI to be on alert--and the funds apparently came from the plaintiffs--but defendants are supposed to feel good about their chances of fair treatment in the case?

More details about the apparent bribe can be found in Exhibit 12. (See pages 31-33 of Exhibit 12 in Part 2 of the recusal motion below.) Vance says he received $500--five $100 bills--in an envelope that was sent to his home, apparently from Western Steel Inc. Vance described the envelope as "suspicious" and turned it over to authorities, who apparently have opened no case on the matter.

Plaintiff William B. Cashion is co-founder of Bessemer-based Western Steel Inc., and the record suggests he has a history of bribing public officials. Evidence includes an e-mail from Malcolm "Sandy" Wadsworth, one of Cashion's business associates, who says Cashion never has intended to use legitimate legal process in court cases that grew from his questionable investments in an Alabama gold mine.

The Wadsworth e-mail can be found as Exhibit A in Part 1 of the recusal motion below, and it says in part:

The Cashion team was completely against any peace discussions, they are happy with war, they are eager to fight and bent on destroying Mark Hayden in a Jefferson County Circuit Court. . . . (It was suggested that the deck is strongly stacked in Mr. Cashion’s favor in the Jefferson County Circuit Court. Mr. Cashion has bragged to the Wadsworths about how he has influenced Judges to rule in his favor during two previous court battles. He also told the Wadsworths that this is what you have to do if you desire to win in an Alabama Court.)

The Wadswoth e-mail goes on to state:

“The Cashion team is not playing fair and [is] bent on destruction … Mr. Cashion believes in the divine right of money and he believes because he has it he can do whatever he wants, no matter the cost to others.”

Consider some of the disturbing language in the Wadsworth e-mail:


* "Mr. Cashion believes in the divine right of money . . . "

* "[Cashion] also told the Wadsworths that this is what you have to do if you desire to win in an Alabama court case."


Is William B. Cashion trying to "buy justice" in Judge Robert Vance Jr.'s court room? It sure looks that way, but that is not the most disturbing aspect of this case. Mr. Cashion is well into his 80s, he is a private citizen, and court documents suggest he might not be of sound mind.

But that is not the case with Robert Vance Jr. He is an elected official who appears to be Cashion's enabler. Vance is using public resources to subvert the 14th Amendment rights to due process and equal protection. 

William B. Cashion might be an old, mean-spirited, guy, but the public's main concern should be with the actions of Judge Robert Vance Jr.


(To be continued)


Previously in the series:

Jefferson County Circuit Judge Robert Vance Jr. Faces Lawsuit Seeking $25 Million in Damages (May 20, 2013)


Federal Lawsuit Claims AL Judge Robert Vance Jr. Favors Large Law Firm That Backs Him Financially (May 30, 2013)


With $25 Million Federal Lawsuit As A Backdrop, Judge Robert Vance Jr. Resists Calls For His Recusal (June 20, 2013)


Federal Court Cites Immunity In Granting Dismissal Of A $25-Million Federal Lawsuit Against Judge Robert Vance (July 8, 2013)

Robert Vance--Renewed Motion for Recusal1 by Roger Shuler

Robert Vance--Renewed Motion for Recusal2 by Roger Shuler

Man Who Claimed To Have Ted Rollins' Cell Phone Wanted Hard Cash In Exchange For His "Treasure"

How did our storyline about an unknown caller and Ted Rollins' iPhone reach a conclusion? Let's just say the episode started in a strange fashion--and it ended that way.

The caller said he worked for a construction/renovation company, and Rollins' Campus Crest Communities is the firm's largest customer. Someone at Campus Crest caused the caller to be fired from his job, so when the man realized he was in possession of Ted Rollins' old cell phone . . . well, he did some searching on the Web, discovered my blog, and thought I might be interested in the phone.

While scrolling through information on the phone, the caller said he learned a lot about Campus Crest. He saw documents about a lawsuit in Alabama, apparently at the University of South Alabama in Mobile, about a girl whose apartment had been broken into--and her parents were alleging lax security and negligent supervision at the complex. (See video at the end of this post.)

The man gave me the impression that he felt the phone had journalistic value, because of Ted Rollins' status as CEO of a major Wall Street-supported company, and he wanted to send me the phone. I told him that I didn't see a problem with that, as long as the phone had, in fact, been given to him, and thus, was his property.

It turns out the man was interested in more than journalism--he wanted to turn a profit. In an e-mail, he offered to give me the phone in exchange for $750. I said, no thanks, and that was the end of it.

Who was the guy? I don't know. He used an e-mail account--thebelk@hushmail.com--that apparently was designed to hide his identity.

What were his real motivations? I don't know, but my No. 1 guess is that he was trying to pull some sort of scam on me, perhaps at the instigation of someone connected to Ted Rollins. I notified Ted Rollins via e-mail about the episode, on the off chance that the man was trying to pull a scam on him. I received no reply, so that makes me think I was the likely target.

As for alleged pornographic images on the phone, referenced in an earlier post, I doubt that they existed. And if they did, I'm not sure they qualified as child pornography, based on the description I was given. The caller seemed to think that Ted Rollins was at risk of criminal prosecution because of the images, but I find that unlikely.

Was wrongdoing involved in all of this? I think it's possible. To make false representations, in an effort to sell a cell phone that probably does not exist or is not in your possession, might qualify as attempted wire fraud under 18 U.S.C. 1343. 

I intend to research that issue further before deciding what, if anything, I should do about this.



Previously in the series:

How Did An iPhone Belong To CEO Ted Rollins Come To Play Central Role In Curious Con Game? (July 9, 2013)

A Glimpse at Information on Ted Rollins' Cell Phone Raises Questions About Alabama Divorce Case (July 11, 2013)

Man Who Claims To Have CEO Ted Rollins' iPhone Describes Scheme To Deceive Stockholders (July 18, 2013)

Has Bonnie Cahalane's Lawyer Been Compromised By Allegations Of Infidelity In Her Own Divorce Case?

Angie Avery and Jamie Collins

The Alabama lawyer who failed to prevent Bonnie Cahalane's unlawful incarceration last year--and also has failed to prevent the unlawful sale of Cahalane's home--faces allegations of infidelity in her own divorce case.

Angie Avery Collins, of Clanton, is seeking a divorce from James Thomas "Jamie" Collins, but her estranged husband alleges in court documents that she engaged in an extramarital affair with a Chilton County sheriff's deputy named Shane Mayfield.

Jamie Collins states in a counterclaim that his wife's "course of conduct" created an "incompatibility of temperament" in the marriage. Jamie Collins goes on to state that the "bonds of trust have been severed."

This suggests that Angie Avery Collins is in a vulnerable position with her own pending divorce case. Does that explain, at least in part, Ms. Collins' weak representation of Bonnie Cahalane? Did Angie Avery Collins fail to fight for Bonnie Cahalane's personal freedom, and her property rights, because she wanted to gain favor with the Chilton County judicial establishment for her own divorce case.

I tried to arrange an interview with Ms. Collins to explore such issues, but she has refused to take questions on her divorce case and its possible impact on the Bonnie Cahalane matter.

A timeline of events raises serious questions about Angie Avery Collins' loyalty to her client in Wyatt v. Wyatt, where Bonnie Cahalane sought a divorce from Harold Jay Wyatt. The comment to Rule 1.7 of the Alabama Rules of Civil Procedure states the following about a lawyer's duty to her client:

Loyalty is an essential element in the lawyer’s relationship to a client. An impermissible conflict of interest may exist before representation is undertaken, in which event the representation should be declined. . . .

If such a conflict arises after representation has been undertaken, the lawyer should withdraw from the representation.

Has Angie Avery Collins followed through on her professional obligations? Let's consider the following timeline:

* July 12, 2012--Angie and Jamie Collins are separated;

* July 26, 2012--Bonnie Cahalane Wyatt is incarcerated due to her failure to pay an alleged property-related debt in Wyatt v. Wyatt;

* September 11, 2012--Angie Collins files for divorce from Jamie Collins;

* September 28, 2012--Jamie Collins responds with a counterclaim for divorce;

* December 14, 2012--A court document is filed in which Jamie Collins raises specific issues of infidelity involving his wife and Shane Mayfield;

* December 18, 2012--Bonnie Cahalane is released from jail when she "agrees" to sell her house to helped settle an alleged debt to Harold Wyatt. This agreement was reached while Cahalane was under the duress of returning to jail if she did not give her OK. Under such conditions any agreement or contract is void.

The Collins divorce originally was assigned to Chilton County Circuit Judge Sibley Reynolds, the same judge who unlawfully threw Bonnie Cahalane in jail and coerced into an agreement for the sale of her house. The divorce case since has been assigned to a judge from Talladega County, upon Jamie Collins' motion to recuse all Chilton County judges because of their working relationships with Angie Collins.

Does Ms. Collins possess the wherewithal to stand up to Judge Reynolds, or anyone else in the Alabama judicial hierarchy, when she's in a weak position with her own divorce case? The answer appears to be no.

Black-letter Alabama law--perhaps best stated in a case styled Dolberry v. Dolberry, 920 So. 2d 573 (Ala. Civ. App., 2005) --holds that a party is not subject to contempt and incarceration because of a property-related debt from dissolution of a marriage. Did Angie Collins cite Dolberry, or similar cases, to help keep her client out of jail? We've studied the record and see no sign that she did.

Another fundamental legal concept--well stated in a case styled Claybrook v. Claybrook (Ala. Civ. App., 2010)--holds that a contract is void when it is reached under duress. Did Angie Collins cite Claybrook, or similar cases, to protect her client's property rights? Again, the answer appears to be no.

That brings us back to issues that Angie Collins' faces in her own divorce case. And that brings us to a Chilton County sheriff's deputy named Shane Mayfield.


(To be continued)

MS Federal Judge Henry Wingate Has An Ugly Habit Of Allowing Cases To Gather Dust On His Docket

Henry Wingate

The federal judge who presided over the Bush-era political prosecution of former Mississippi attorney Paul Minor has a history of letting cases sit for months, even years, with little or no action on them.

We have shown in a series of posts on the Minor criminal case that U.S. District Judge Henry Wingate, based in Jackson, Mississippi, is breathtakingly corrupt.  That issue takes on added urgency now that Minor has been released from prison and is facing a lawsuit from insurance giant USF&G that grew out of the criminal prosecution--and Wingate is in the dubious position of presiding over that case, too.

A lack of ethics is not the only troubling feature of Henry Wingate's "judicial temperament." A recent report from the Jackson Free Press (JFP) indicates the judge is lazy, incompetent, or both. In a piece by R.L. Nave, JFP reports that it obtained a March 22, 2013, report showing Wingate has a backlog of cases that is far larger than those of other judges. 

The report shows Wingate had 49 cases on his docket, with 97 different motions pending longer than six months. Wingate's backlog far exceeds that of the judge with the second highest number of motions older than six months—Judge Carlton Reeves, with 17 six-month-old motions pending as of March. Judge Keith Starrett had six motions pending, while the other 11 federal judges had no cases older than six months, the report shows.

What does this mean for parties who come before Wingate? Nave spells it out in the JFP report:

On June 26, 2002, Roger Johnson was alone in a recreation room at the Hinds County Detention Center when a group of fellow prisoners attacked him. Johnson, who is serving a 30-year-sentence for armed robbery at East Mississippi Correctional Facility in Meridian, filed a lawsuit in federal court against then-Hinds County Sheriff Malcolm McMillin and jail guard Delanio Sanders for failing to protect him from the assault.

That was May 2004.

Since Johnson filed his suit, Hinds County has a new sheriff, and Mississippi has a new governor, but one aspect of the lawsuit hasn't changed: It remains on the civil docket of U.S. District Judge Henry T. Wingate.

The judicial and legal establishment is well aware of Wingate's tendency to sit on cases.  In 2010, the U.S. Fifth Circuit Court of Appeals scolded Wingate for taking more than six years to enter a final judgment in a civil case. From a law.com article about the Fifth Circuit's finding in the case:

In a footnote to its decision released earlier this month, the panel said, "the district court sat on the verdict for six and one half years before it entered a judgment. It is truly regrettable that the plaintiff has been denied his just recovery for these several years by the lack of judicial diligence."

If you live in the Southern District of Mississippi, Henry Wingate has the authority to take away your freedom--even if you committed no crime, as was the case with the Minor prosecution. He also has the authority to take away some, or all, of your assets--money and personal property that perhaps you have lawfully accumulated over your entire life.

We have put this sort of power in the hands of a man who cannot show the slightest hint of "judicial diligence"? That is a frightening proposition, and even lawyers in Wingate's district know it. From the JFP article:

The JFP contacted several attorneys who declined to speak on the record about Wingate's lack of urgency in dispensing with his cases, but the consensus among attorneys who practice in federal court seems to be that drawing Wingate is undesirable.

One attorney, who practices in federal court and did agree to speak but asked that we not use his or her name, said Wingate's delays "have a very harmful impact" on plaintiffs who are seeking relief through the courts.

"The old adage that 'justice delayed is justice denied' is very apt here," the attorney said.

Luther Strange's Mistress Sought To Modify Custody In Order To Take Top AG Position In Montgomery

Jessica Garrison and Luther Strange

Jessica Medeiros Garrison tried to modify the custody agreement in her divorce case so she could take a job in Montgomery with Alabama Attorney General Luther Strange. When Garrison's ex husband objected to the relocation, she took up residence in Birmingham and went to work for an organization that recently funneled $50,000 to the campaign of . . . Luther Strange.

Is this the sort of political back-scratching that grew from a longstanding extramarital affair between Strange and Garrison? Does their relationship go beyond questionable personal ethics to possible violations of campaign-finance laws? What kind of price has Jessica Medeiros Garrison been willing to pay in order to climb the ladder of high-level Republican politics in Alabama?

We sought to put those questions, and more, to both Garrison and Strange. But they did not respond to our requests for interviews.

Some insight, however, comes from a Verified Amended Petition for Modification of Custody filed on August 22, 2011, in Jessica Garrison's divorce from Tuscaloosa city councilman Lee Garrison. (See document at the end of this post.) The parties both lived in Tuscaloosa when the divorce was completed on October 21, 2009, and they reached a custody agreement for their son, Michael Lee Garrison (date of birth, 3/27/07).

Jessica Garrison managed Luther Strange's successful campaign in 2010 and was a partner at the Tuscaloosa law firm of Phelps Jenkins Gibson & Fowler when she accepted the position as Strange's chief counsel in January 2011. The new job, however, presented complications. From her petition for custody modification:

In January 2011, the Mother was offered a once-in-a-lifetime appointment as Chief Counsel and Deputy Attorney General at the Office of Alabama Attorney General, Luther Strange. Her appointment followed her successful work as Luther Strange's Campaign Manager and required that she relocate to Montgomery, Alabama. The Mother duly notified the Father of her change in employment and intended relocation, expecting that given the short driving distance between Montgomery and Tuscaloosa, she and the Father would be able to work out an agreeable arrangement that would allow her to relocate with the child and still permit him generous time with their son. Instead, the Father objected to the relocation and communications between the parties deteriorated. Despite engaging in both therapeutic and formal mediation, the parties were unable to reach an agreement. The Mother never changed her principal residence to Montgomery.

What are the duties of the chief counsel for Luther Strange? The job intended for Jessica Garrison apparently went to former Bradley Arant lawyer Kevin L. Turner, and his LinkedIn profile describes the duties this way:

He serves as the principal adviser to Alabama Attorney General Luther Strange on all legal and administrative matters and is responsible for overseeing the operations of the office.

Turner only has been practicing law since September 2007, so it's hard to see how he is qualified to be principal adviser to the state's chief law-enforcement officer. The same might be said of Jessica Garrison, although she certainly is more experienced than Kevin Turner. Her only experience in a high-level state position came from working as an intern for former Attorney General Jeff Sessions and working in public relations for former Attorney General William H. Pryor.

State law required Jessica Garrison to relocate within 60 miles of Tuscaloosa, and that forced a change in her career plans. From the petition for custody modification:

In an effort to minimize the conflict between the parties and to create a situation that might allow for the kind of compromise the Mother had initially envisioned, she secured alternate employment through the Republican Attorneys General Association [RAGA], effective July 27, 2011, that requires that she reside in Birmingham rather than Montgomery, and she has been hired to serve Of Counsel for the law firm of Balch & Bingham LLP in their Birmingham office. Birmingham, Alabama, is less than sixty miles from the Father's home in Tuscaloosa.

The change in job plans did not alter the close ties between Jessica Garrison and Luther Strange. RAGA is an affiliate of the Washington-based Republican State Leadership Committee (RSLC), which has engaged in a number of curious financial maneuvers involving Indian gaming money, Luther Strange, and other high-level Republicans in Alabama. 

We already know about the personal hanky panky involving Jessica Garrison and Luther Strange. We soon will be taking a closer look at their financial connections.


(To be continued)

Garrison Divorce--Modification of Custody by Roger Shuler

RealtySouth Agent Amber Darnell Tries to Squelch Reporting On Unlawful Sale Of Chilton Co. House

Amber Darnell

An Alabama real-estate agent has tried to put a halt to reporting on the unlawful sale of a house in Chilton County.

Amber Darnell, of RealtySouth, is listed in court documents as the agent for the sale of a house belonging to Clanton resident Bonnie Cahalane.

I contacted Darnell recently and informed her that Circuit Judge Sibley Reynolds had unlawfully ordered Cahalane jailed for five months last year as part of the fallout from a divorce case styled Wyatt v. Wyatt. The judge then orchestrated an agreement for the sale of Ms. Cahalane's house while she was under threat of being returned to jail if she did not comply.

When I informed Darnell that both the incarceration and resulting sales agreement were contrary to black-letter Alabama law, she didn't much seem to care. "I'm just doing what the court has told me to do," she said.

Darnell, however, did seem to care about any unsightly publicity that might come from the sale. (See video at the end of this post.) Here is part of our exchange:

"There's nothing I've said that you would need to publish." 

"Well, that's for me to decide." 

"No, it's not because I'm the one who's verbally saying it. And there's not anything I've said or anything that you need to publish." 

"I will publish what I feel needs to be done."

Darnell then referenced a statement I had made earlier about Cahalane's right not to be unlawfully incarcerated or be the victim of court-ordered theft. Somehow, Darnell equated that to her own alleged right not to be quoted about the sale of a house for which she is the listed agent:

"You're so concerned about someone else's rights, but when it comes to my rights, you're not worried about mine?" 

"What rights of yours [have I violated]? I told you who I am and asked a few questions." 

"And I said what I need to say and said you don't need to publish anything at this point." 

"Well, you don't have that right, to tell me whether or not to publish. I make that decision."

Since that approach didn't seem to be working, Darnell decided to try insults:

"I've read your blog--it was brought to my attention by the ex husband (Harold Wyatt)--I know you are attacking RealtySouth and anyone you can attack." 

"I'm publishing information that is right from the court file. You are the listed agent, and that's fact."

It seemed Darnell could use a refresher course on some basics of the law. So I decided to give her one:

"A woman is about to lose her house, and I consider that kind of important. The law is what's written; it's not what Sibley Reynolds says it is. . . . This is a judge who throws someone in jail for five months on a supposed debt? You just can't do that. 

"Then you can't have a contract with the threat of the person going back to jail if she doesn't agree to it. That's Law School 101."

Darnell tried, without much success, to distance herself from inconvenient truths:

"I was not part of her being in jail. I don't know anything about that." 

"How did the house come to be listed with you?" 

"It was court ordered."

"I would encourage you to look beneath that court order because it's unlawful. I'm sure you wouldn't want to have your house taken from you unlawfully. I wouldn't want it done to me, and I don't want it done to Ms. [Cahalane]. We have lots of problems with judges who don't rule according to what the law says. That's what I'm trying to shine light on."

Man Who Claims To Have CEO Ted Rollins' iPhone Describes Scheme Designed to Deceive Stockholders

Theresea Kilgore

Officials at Campus Crest Communities spent way more than expected on an office renovation at their Charlotte headquarters and intentionally spread the costs over multiple projects to deceive stockholders about excess spending.

Evidence of that can be found on CEO Ted Rollins' iPhone, according to an unknown caller to Legal Schnauzer. The man claimed the iPhone came into his possession when Campus Crest gave away office equipment to individuals working on the renovation.

"Our company had around $400,000 in charges that [Campus Crest] didn't plan on spending, so . . . they divided the $400,000 up among other projects across the country. [That way] the stockholders wouldn't realize what they were actually spending on the office renovation." (See video at the end of this post.) 

The iPhone includes contact info for a number of celebrities, including musician Rosanne Cash, basketball great Julius Erving, and pro wrestler Hulk Hogan. Just for fun, the caller said, he called the number for Rosanne Cash to see what would happen. When she answered the phone and identified herself as "Rosanne," the guy got flustered and said he must have the wrong number. "I called Julius Erving, too," the man said.

As for less famous people, photos of Birmingham resident Theresea Kilgore show up throughout the iPhone's contents, the man said. Kilgore has been a curious character in the Rollins v. Rollins divorce case. We described Kilgore's role in attending a settlement conference and encouraging Sherry Carroll Rollins to accept several outrageously low-ball figures. That was in a post titled "Here Is More Evidence That CEO Ted Rollins Lied Under Oath To Reduce His Child-Support Payments." 

Why would Theresea Kilgore show up in photos, apparently taken at locations around the country, on Ted Rollins' cell phone? We have no idea. "She's in a lot of pictures," the caller said. "She went on a lot of vacations with them."

The man again expressed alarm about images on the phone that he considered to be child pornography. "If I turn this phone over to authorities, [Ted Rollins] will be arrested immediately."

I expressed doubt about that because, based on descriptions of the images, I'm wasn't sure they amounted to child pornography. 

The man admits that one reason he called me is that he had a contentious relationship with a Campus Crest employee and ultimately felt he had been treated badly on the renovation project.

What was the outcome of all this? Our story will be winding down with the next post in our series.


(To be continued)



Previously in the series:


How Did An iPhone Belong To CEO Ted Rollins Come To Play Central Role In Curious Con Game? (July 9, 2013)

A Glimpse at Information on Ted Rollins' Cell Phone Raises Questions About Alabama Divorce Case (July 11, 2013)

AL Judge Dorothea Batiste Claims She's The Target Of A Vindictive Prosecution Directed By Scott Vowell

Dorothea Batiste

Suspended Jefferson County Judge Dorothea Batiste complained to the Alabama Attorney General's office last October that Presiding Judge J. Scott Vowell was harassing her and pressuring her to change orders in divorce cases.

Vowell became aware of Batiste's visit to the AG's office in Montgomery, and his resulting anger helped spur a campaign of complaints against Batiste to the Alabama Judicial Inquiry Commission (AJIC), according to court documents filed yesterday. 

Attorney Julian McPhillips urges the Alabama Court of the Judiciary to drop the charges against Batiste, claiming she is the victim of a vindictive prosecution that kicked into high gear when Vowell learned of her AG complaint. (See motion, including summary of Batiste's complaint to AG, at the end of this post.)

A subpoena to Jesse Seroyer, of the Alabama Attorney General's office, produced an "Investigative Report Form" on Batiste's complaint regarding Vowell. McPhillips obtained a copy of the report yesterday and promptly filed a motion asking the Court of the Judiciary to drop the case against his client.

Batiste filed an EEOC complaint, alleging sexual harassment against Vowell, on April 26, 2013. That came just one week after the AJIC formally brought charges against Batiste, and it suggested Batiste might have filed the harassment claims only after learning of the AJIC charges.

The Attorney General's report, however, shows that Batiste first complained about Vowell some seven months before she learned of the AJIC charges. In an affidavit filed with her EEOC complaint, Batiste states that she did not learn Vowell was leading a campaign against her with the AJIC until spring 2013. 

Based on the AG's report, it appears Batiste made official complaints about Vowell long before she knew he had launched a campaign against her with the AJIC.

"This is dynamite in the sense that . . . it confirms and corroborates her complaints," McPhillips. "This shows that, back in October, she didn't know what to do. . . . She didn't know how to handle it, so she came down and made a complaint, and three different people heard it. . . . "

What about the specifics of Batiste complaint from last October? Here is part of the AG's report:

Judge Batiste related that the presiding judge in the 10th circuit, the Hon. J. Scott Vowell, had countermanded her judicial authority as a domestic relations judge on several occasions and had made inappropriate sexual advances toward her on several occasions. 

How ugly did Vowell's behavior become? Again, from the report:

Judge Vowell continued to badger Judge Batiste about her cases and requested frequent personal meetings. Judge Vowell began a routine in which he would call on Fridays to Judge Batiste's office and demand a personal meeting. Judge Batiste advised that during these meetings Judge Vowell was "touchy-feely and always whispering in her ear." This type of behavior began a few months after Judge Batiste took office. She recalled that the first time Judge Vowell acted inappropriately, he placed his hands around her hips when they were alone and told her, "Ain't you a good looking thing. . . . "

Judge Batiste said this type of sexually harassing behavior occurred on [such] a frequent basis that she began to be afraid of being left alone with Judge Vowell. . . . 

In regards to the sexual harassment, Judge Batiste advised that she had only told members of her immediate family about Judge Vowell's inappropriate advances. Judge Batiste advised that she was embarrassed to tell people about the sexual-harassment issues due to the fact that "it's not supposed to happen to me. I'm a judge."

A recent federal case in the Northern District of Alabama, styled U.S. v. Brown, 862 F. Supp. 2d 1276 (2012), addresses both selective prosecution and vindictive prosecution. McPhillips argues that both issues are present in the JIC case against Batiste. From the Brown ruling:  

Brown has alleged both selective prosecution and vindictive prosecution. Vindictive prosecution is distinguishable from selective prosecution in that vindictive prosecution arises when the severity of the charges against a defendant is increased after the defendant exercises a constitutional right after criminal charges have begun, while selective prosecution occurs when a person is prosecuted based on an immutable personal characteristic, such as race or religion, or in response to some constitutionally-protected act that a person has done prior to the criminal charge being brought against him.

In the motion filed yesterday, McPhillips argues that his client suffered because she exercised her constitutional right to file a complaint with the Alabama Attorney General's office--and that goes to the vindictive nature of Scott Vowell's claims against her. From the McPhillips motion:

Judge Batiste requests that this court consider Judge Batiste's third affirmative defense of sexual harassment and retaliation to be amplified to include vindictive prosecution by Scott Vowell, who has used the AJIC and his close friends on the AJIC to punish Judge Batiste for her sexual harassment allegations to the Alabama Attorney General's office.

Dorothea Batiste Vindictive Prosecution by Roger Shuler

AG Luther Strange Has A Messy Extramarital Affair With Ex Campaign Aide Jessica Medeiros Garrison

Luther Strange and
Jessica Medeiros Garrison

Alabama Attorney General Luther Strange has engaged in a lengthy extramarital affair with his former campaign manager, sources tell Legal Schnauzer. In fact, the affair appears to be ongoing.

Jessica Medeiros Garrison divorced Tuscaloosa city councilman Lee Garrison in October 2009, roughly one year before Strange won his race for attorney general. Their son, Michael Lee Garrison, was born on March 27, 2007. The Garrisons became entangled in a protracted court battle over custody, and Luther Strange's name plays a prominent role in that case.

Strange has been married to his wife, Melissa, for more than 30 years, and they have two sons. In a 2010 campaign video, Melissa Strange talks at length about her husband's integrity and his determination to "do what's right." (See video at the end of this post.)

The Stranges for years owned a home at 3210 Briarcliff Road in Mountain Brook, but sources say Luther Strange has purchased a house in The Waters development in the Pike Road community, near Montgomery.

Revelations about an extramarital affair call into question any moral authority Luther Strange might claim as the state's chief law-enforcement officer. One of the grounds he has cited for aggressive actions against the VictoryLand casino in Macon County is his claim that the facility and owner Milton McGregor have "a sordid past."

Now it appears that Strange's past, and present, are a bit sordid. Neither Luther Strange nor Jessica Medeiros Garrison responded to interview requests for this story.

Sexual fidelity is not the only issue at the heart of the Luther Strange/Jessica Garrison story. It also involves curious financial transactions, which have benefited Ms. Garrison and raised questions about the AG's judgment. That is particularly relevant in light of the ethics and campaign-finance charges Strange has brought against former Democratic state senator Lowell Barron.

Who is Jessica Medeiros Garrison? She is a University of Alabama graduate who worked on Strange's failed 2006 campaign for lieutenant governor. She was his campaign manager in 2010, even though she had no previous experience in such a high-level position. Like Strange, Garrison has voiced powerful opposition to gambling in Alabama.

Garrison was a partner at the Tuscaloosa law firm of Phelps Jenkins Gibson & Fowler, which has powerful ties to University of Alabama trustee Paul Bryant Jr., before accepting a position as chief counsel for Luther Strange in January 2011.

Complications from her custody case led Garrison to decline that position and move to Birmingham, where she serves in an "of counsel" role with the firm Balch & Bingham. She lives at 119 Main Street in Mountain Brook, not far from the former Luther Strange residence.

Garrison's rise in Republican political circles might have grown from her ties to U.S. Senator Jeff Sessions and former Attorney General William H. Pryor, currently a federal judge on the U.S. Eleventh Circuit Court of Appeals. This is from a 2011 Tuscaloosa News article titled "Local Attorney To Join AG's Staff: Jessica Garrison To Be Chief Counsel For Luther Strange":

Garrison previously served in the attorney general’s office under Sessions and Pryor. She was director of Public Relations and Legislative Affairs for Pryor and was an intern and assistant director of Public Relations and Legislative Affairs for Sessions.

“It’s a true honor to return to the attorney general’s staff under the leadership of Luther Strange at a historical time for our state government,” she said. “Defending our state’s rights, protecting families and restoring honesty and integrity to the office are among our top priorities."

Garrison earned a bachelor’s degree from the University of Alabama, where she was president of the Student Government Association, and a juris doctorate from the UA School of Law. She clerked for then-Tuscaloosa County Circuit Judge Scott Coogler, who is now a U.S. district judge for the Northern District of Alabama, and in 1998 joined Phelps, Jenkins, Gibson & Fowler, where she had been a partner since 2008.

Jessica Medeiros Garrison says that she and Luther Strange wanted to restore "honesty and integrity" to the office of attorney general. In a series of future posts, we will examine how such high-minded words square with reality.

Speaking of honesty and integrity, those words show up in the Luther Strange campaign video below.


(To be continued)