U.S. Senate hopeful John Merrill overlooks his own indiscretions to blame America's moral rot on a culture that has no room for "Gunsmoke" and "Bonanza"

John Merrill

America's moral core is rotting because of a "preoccupation with homosexual activities" and "the wife swap (TV) shows," according to Alabama 2020 U.S. Senate hopeful John Merrill.

That's the same John Merrill, currently Alabama's Republican secretary of state, who admitted in 2015 to an extramarital sexual encounter with a Tuscaloosa woman named Millie Brinyark. We wrote multiple posts about Merrill's indiscretion, including this one under the title "Alabama Sec. of State Merrill admits to extramarital sexual encounter, but denies receiving oral sex." (That headline, BTW, is legit, not from the Onion; more on that in an upcoming post.)

Did anyone in Alabama's right-leaning press, in their coverage of Merrill's comments about gays and wife-swap shows, mention his relationship with Millie Brinyark? Nope. Did any of them mention long-running reports about his affair with a woman who runs a real-estate development company in Huntsville? Nope, but we are working to nail down that story and hope to have it ready for publication in the near future.

In a deposition for a divorce case styled Brinyark v. Brinyark, Millie Brinyark provided graphic descriptions of her interactions with Merrill. Here are samples from a post where Legal Schnauzer broke the story on Jan. 29, 2015. First, Brinyark admits in the deposition that she and a teacher/coach named Mike Evans, were "groping each other" behind closed doors during school hours. Then the questions turn to another married man with whom Ms. Brinyark was chummy:

Q: Have you gotten yourself involved with any other married man?

A: Yes

Q: Who?

A: John Merrill.

What about specifics? The deposition provides plenty:

Q: Did you consider the fact that when another man touches what I will call your body, particularly your private parts, that's being unfaithful to your husband?

A: Yes.

Q: And Mike Evans did that, didn't he?

A: Yes.

Q: And John Merrill did that too, didn't he?

A: Yes.

Q: And you allowed them to do that?

A: Yes.

Then, we have one of the greatest question-answers in the history of depositions:

Q: And when you were touching their body, and putting your hand in their crotch, and touching their penis, did they tell you they didn't like that?

A: No.

I still break out laughing at that one. But the steamy stuff was just beginning. From our January 2015 post:

Men often are the aggressors in these situations, and that appears to be the case with Merrill. The deposition mentions that he is a politician, running for office:

A: John came to talk to me, and he came again and talked to me, and then I met with him that Sunday afternoon, and he had--he had been very sexual in his conversations and --

Q: Toward you?

A: Yes.

Q: In an inappropriate manner?

A: Yes.

Q: In what way?

A: Just that he talked about he had to have sex all the time and --

Q: He wanted to have it with you?

A: Uh-huh.

Merrill has to "have sex all the time"? Gee, how does the guy find time to serve as secretary of state? How could he possibly serve as U.S. senator? Here's more from our post that broke the Brinyark scandal:

How physical did things get?

Q: Did he touch, caress, and/or kiss your breasts?

A: Yes.

Q: Did you do the same for him?

A: Yes.

Q: So you touched his unexposed penis?

A: Yes.

Q. And did either one of y'all have oral sex with the other?

A: Yes.

Q: How many times?

A: Just once.

Q: Both for each other?

A: No.

Q: Him for you--did he commit or perform oral sex on you?

A: No.

Q: You performed oral sex on him?

A: Yes.

So, Merrill, while married, once happily accepted a BJ from someone not his wife? But he now portrays himself as an expert on moral rot in our society? Think I'm going to choke from all the H-Y-P-O-C-R-I-S-Y emanating from this story. It seems Merrill wants the rest of us to live in downtown Mayberry, while his life is like something out of Showtime After Dark.

Millie Brinyark and family

What exactly did Merrill say over the weekend about gays, wife swapping, and old-timey TV shows. This is from a report at The Hill:

Alabama Secretary of State John Merrill (R), a 2020 Senate candidate, says that Americans are too “preoccupied with homosexual activities” and “the wife swap shows,” ruining everything from TV to the country’s moral direction.

Merrill, one of multiple Republicans looking to challenge Sen. Doug Jones (D-Ala.) made the comments over the weekend at a town hall event in Dekalb County, according to the Yellowhammer News.

As he took questions from attendees, one asked about the culture shift and how the country’s principles have allegedly been eroded, prompting Merrill to point to what is being shown on TV, among other things.

“We’re too interested in seeing how this family’s finding a way to mess on this family or to see how people are trying to date on TV, or having wife-swapping on TV. That’s what we watch. When we push back against that, and we quit allowing it to be in our homes — that’s how those changes have occurred because we’ve allowed them to slowly but surely come into our lives,” he said.

“How have we allowed it to happen? There are no more good TV shows on like ‘Gunsmoke,’ ‘Bonanza,’ ‘The Virginian,’ ‘Andy Griffith,’ ‘I Love Lucy.’ We don’t have those shows anymore. We’re too interested in homosexual activities,” Merrill said.

“We’re too interested in seeing how this family’s finding a way to mess on this family or to see how people are trying to date on TV, or having wife-swapping on TV. That’s what we watch. When we push back against that, and we quit allowing it to be in our homes — that’s how those changes have occurred because we’ve allowed them to slowly but surely come into our lives,” he said.

Once Merrill found a few scapegoats for America's supposed decline, he couldn't top talking about it. He doubled down with his themes in an interview with al.com on Monday night:

In a phone interview Monday night, Merrill confirmed his remarks to AL.com.

“The foundational principles which we have grown up as a nation are no more,” the secretary of state and Senate candidate said. “There’s no more TV shows like ‘Gunsmoke’ or ‘Bonanza’ or ‘The Virginian’ or ‘I Love Lucy’ or ‘Andy Griffith.' [I] said people are too interested in homosexual activities. They’re too interested in the wife swap TV shows and the shows that are not morally uplifting. That’s the problem.”

Asked to explain what he meant, Merrill said, “I meant what I said. People are too interested in anything that is not uplifting, edifying. They’re too busy being preoccupied with homosexual activities and the wife swap shows."

He declined to give examples of how Americans are too preoccupied with “homosexual activities.”

Merrill said there are no longer shows “that are based on biblical foundations. ...Shows that promote family and culture with a father, a mother and children based on biblical teachings and biblical principles on which our nation was founded."

Did anyone in the audience at Fort Payne ask Merrill how "biblical principles" informed his actions with Millie Brinyark? The answer appears to be no, suggesting Merrill must be counting on Alabama voters to be stupid, forgetful -- or both. Did Merrill fall on his sword and mention the Brinyark peccadillo himself? Nope, must have slipped his mind.

That's understandable, given the Alabama mainstream press largely has provided a cover-up on the story -- one that is pretty darned embarrassing for the journalism profession.


(To be continued)

Alabama law-enforcement thugs are desperate to avoid discovery, which likely will show they were acting way outside "the line and scope of their employment" when they broke into our house and arrested me for blogging

Chris Blevins, an Alabama thug with a badge

The Alabama deputy-thugs who broke into our Birmingham home, beat me up inside my own house, doused me with pepper spray, and hauled me for a five-month imprisonment in the Shelby County Jail -- all over 100 percent civil issues, with no whiff of criminal allegations -- originally claimed in court documents they enjoyed state immunity to commit such acts. Even more outrageous, oily U.S. District Judge Virginia Emerson Hopkins agreed with them, dismissing excessive-force and related claims on immunity grounds.

But what happened when we pointed out in a Motion to Reconsider, and subsequent documents, that Alabama law holds one claiming state immunity must prove he was acting within "the line and scope of his employment." -- meaning no determination on such an issue can be made at the early dismissal stage, without discovery?

Well, the deputy-thugs, led by Chris Blevins and Jason Valenti (who threatened to break my arms, on my own driveway) apparently did not like that notion too much, so they decided to focus on some other form of "get out of jail free card" -- namely qualified immunity.

That does not work for them either, as we will show here in a moment, but let's consider this question first: What does it mean that the cops abandoned their state-immunity issue so quickly? We can think of two answers:

(1) They want to avoid discovery at all costs because it will reveal the extent of their thuggishness, and who ordered it;

(2) They essentially are admitting that they were not acting within the "line and scope of their employment." That suggests they were on a special assignment, to assault and arrest a troublesome blogger, that had nothing to do with their official duties as agents of the state.

We addressed the Blevins' defendants state-immunity claims in our reply brief (embedded at the end of this post, along with our appellants' brief):

The Blevins defendants’ state-immunity argument fails because they have not established that they were operating within the line and scope of their employment at the time of Roger Shuler’s arrest. The trial court erred regarding the burden of proving a defendant is entitled to state immunity. Judge Virginia Emerson Hopkins put the burden on the Shulers, writing: “Plaintiffs do not dispute that the defendants (Sheriff Curry, Deputy Sheriff Blevins, and Deputy Sheriff Valenti) were acting in the course and scope of their employment when the complained-of touching allegedly occurred.” The Alabama Supreme Court, however, has adopted a burden-shifting framework for establishing a right to immunity, per Ex parte Estate of Reynolds, 946 So. 2d 450 (Ala., 2006): “A defendant initially bears the burden of demonstrating that he was acting in a function that would entitle him to immunity.” In this case, the defendants hold the burden of proving they were acting within the line and scope of their employment, and they have not come close to doing that, making dismissal on this issue improper. 

Blevins’ immunity argument especially fails because Alabama law holds that no determination can be made on such an issue at the motion to dismiss stage, without discovery. From Ex parte Haralson, 853 So. 2d 928 (Ala.,2003): “The Court cannot conclude, at this early stage of the proceedings, without evidence showing that at the time of the accident, [the deputy] was acting within the line and scope of his employment, that [the deputy] is entitled to immunity.” No such evidence has been produced in the instant case, so the Shelby County sheriff officials are not entitled to a finding in their favor on immunity. At this early point in the proceedings, they definitely are not protected by any form of state immunity.

Our reply brief also showed the cops do not enjoy qualified immunity either:

Blevins’ qualified immunity argument fails per Ex parte Alabama Department of Youth Services, 880 So. 2d 393 (Ala. Supreme Court. 2003, which holds: “a State agent shall not be immune from civil liability in his or her personal capacity: (1) when the Constitution or laws of the United States, or the Constitution of this State, or laws, rules, or regulations of this State enacted or promulgated for the purpose of regulating the activities of a governmental agency require otherwise; or (2) when the State agent acts willfully, maliciously, fraudulently, in bad faith, beyond his or her authority, or under a mistaken interpretation of the law.

The Shulers’ complaint is filled with allegations that deputies violated clear constitutional rights and did so “willfully, maliciously, fraudulently, in bad faith.” The deputies clearly acted outside the scope of their employment. Code of Alabama 36-22-3(4) states: “It shall be the duty of sheriffs in their respective counties, by themselves or deputies, to ferret out crime, to apprehend and arrest criminals and, insofar as within their power, to secure evidence of crimes . . . . In the instant matter, there was not even a whiff of a criminal allegation against Roger Shuler. He was targeted because of a complaint that was 100 percent civil – a bogus defamation claim brought by defendants Rob Riley and Liberty Duke, and their various lawyers. Shuler was targeted because of a temporary restraining order and preliminary injunction that have been prohibited as unlawful prior restraints under more than 200 years of First Amendment law. (See Near v. Minnesota, 283 U.S. 697, 1931.) Nothing in Sec. 36-22-3(4) suggests it is within the deputies’ line and scope of employment to break into a citizen’s home, beat him up and douse him with pepper spray, and arrest him on a totally non-criminal matter – while never stating his purpose for being on the property (a violation of state law, under Code of Alabama 15-10-2) and never showing or stating that he possessed a warrant.

These issues become particularly profound when you consider that Americans enjoy a Fourth Amendment right to be free from unreasonable searches and seizures, especially inside their homes -- as the U.S. Supreme Court has made clear:

Speaking of warrants, the U.S. Supreme Court’s finding in Payton v. New York, 455 U.S. 537 (1980) “prohibits the police from making a warrantless and nonconsensual entry into a suspect's home in order to make a routine felony arrest. The deputies’ entry into the Shulers’ home was warrantless and nonconsensual and did not involve a criminal arrest, much less a felony arrest.” Bottom line: The Shelby County deputies violated at least two rulings of the nation’s highest court – rulings that invoked the First and Fourth Amendments – and the force used (for an unlawful arrest) was illegal, per Jackson v. Sauls, 206 F. 3d 1156 (11 th Cir., 2000). (". . . if a stop or arrest is illegal, then there is no basis for any threat or any use of force, and an excessive force claim would always arise but only collaterally from the illegal stop or arrest claim.")

On the evening of Oct. 23, 2013, I had a constitutional right to pull our car into our garage without worrying that Chris Blevins (or any other thug with a badge) would enter, and after being told to get out, beat me up and arrest me over a matter that was not a felony and was not even criminal in the slightest.

This post has focused on the facts and law related to the Blevins defendants and shows they have no defense for their thuggish actions. But perhaps the most important point involves a real-world reality: The Blevins defendants cannot withstand discovery because it will show they were not acting in the "line and scope of their employment," and it will show who ordered them to arrest me for blogging.


(To be continued)

From "falling out" with Donald Trump to arrest of Chinese businessman for child molestation, the Jeffrey Epstein sex-trafficking story gains traction in a hurry

Jeffrey Epstein and his temple on
Little St. James Island (from Wayne Madsen Report)

Donald Trump apparently is telling the truth about having a "falling out" with convicted pedophile and accused sex trafficker Jeffrey Epstein -- although it was over a real-estate deal and not any concerns from Trump about Epstein's taste for sex with underage girls. Since Epstein's arrest on July 6, the scandal has developed tentacles that reach to China; Israel; Virgin Islands; Russia a ranch near Stanley, New Mexico; and vacation spots in the Michigan lake country, near Traverse City.

All of this comes from reporting over the past four days at D.C.-based Wayne Madsen Report (WMR). Let's take a look at some of the latest on a scandal that threatens a sitting U.S. president and VIPs from around the world:

Breaking News: Donald Trump actually tells the truth!

Trump is not lying, Madsen reports, when he speaks of a falling out with Epstein. Here's how Madsen describes it:

Trump’s relationship with Epstein did not falter over Epstein’s continued sexual molestation of underage girls but was caused by a dispute over Palm Beach real estate. The early 1990s was a time when Trump and Epstein allegedly engaged in orgies with girls as young as 12- and 13-years old at Epstein’s Manhattan mansion-townhouse. In 2002, Trump said that Epstein was a “terrific guy” who liked beautiful women on the “younger side.” Trump did not criticize Epstein but offered him praise.

In 2004, Epstein, who was still close to Trump, showed him a foreclosed Palm Beach mansion, called Maison de L'Amitié,that Epstein was planning to purchase for $36 million. Trump, without telling Epstein, bought the property for $40 million through a limited liability corporation called Trump Properties LLC. Since Trump Properties had no money, the deal was totally financed by Deutsche Bank, which has apparently taken over from the defunct BCCI as the new “Bank of Crooks and Criminals International.”

Perhaps as a result of new scrutiny of Trump’s business, as well as social ties to Epstein, Trump lashed out at those probing Deutsche Bank in a July 11 morning tweet:

“The Fake News Media loves the narrative that I didn’t use many banks because the banks didn’t like me. No, I didn’t use many banks because I didn’t (don’t) need their money (old fashioned, isn’t it?). If I did, it would have been very easy for me to get . . . And remember, a bank that I did use years ago, the now badly written about and maligned Deutsche Bank, was then one of the largest and most prestigious banks in the world! They wanted my business, and so did many others!”

The Epstein  scandal quickly produces international shock waves

Epstein's ties to Israel form a fascinating angle to the story, and Madsen reports that underage girls were not the only victims in Epstein's perverse network:

Reporter and author Vicky Ward was told that before his Senate confirmation hearing to be Labor Secretary, Acosta had replied to White House staff interviewers that he had struck the sweetheart federal and state of Florida non-prosecution agreement (NPA) with Epstein because the pedophile “belonged to intelligence,” that Acosta was “above his pay-grade” and needed to “back off.” Based on Epstein’s close circle, which includes billionaire retail magnate Les Wexner, a strong supporter of Israel; the late Mossad asset, publisher Robert Maxwell; Maxwell’s daughter, Ghislaine Maxwell; Israel’s uncompromising lapdog, attorney Alan Dershowitz; and former Israeli Prime Minister Ehud Barak, the “intelligence” masters for Epstein is Mossad. Epstein fits the bill of Mossad’s Talmudic motto, “Through Deception Thou Shalt Wage War.” Sexual blackmail of politicians and other important people has always been firmly part of Mossad’s playbook. And while Epstein’s prurient interests involved young girls, WMR has been informed by well-positioned sources that others within Epstein’s trafficking network produced underage males for select Epstein’s “clients.”

Speaking of Israel, Epstein's Little St. James Island includes a structure that appears to be a temple of some sort, perhaps a synagogue. What kind of activities took place there? That remains unclear, writes Madsen:

Little St. James is a 78-acre island located southeast of the coast of St. Thomas. Between 2009 and 2013, Epstein had a temple built in the southwest corner of the island. The blue and white stripe color scheme and gold dome on the structure strongly hint that it is a synagogue of some nature. However, the building is no ordinary synagogue. On the roof is a statue of the Greek god of the sea, Poseidon, along with statues of two crested birds that appear to be cockatoos. A statue of Minerva, the Roman goddess of wisdom and strategic warfare, was also reported on the grounds around the temple. The Jewish religion prohibits the worship of idols, so Epstein’s temple is some sort of strange hybrid of a Greco-Roman-Judaic nature. The door on the temple’s building has a medieval lock designed to keep people confined in the structure.

The presence of a number of underage girls on the island at various times -- some girls as young as 12 -- suggests that the “temple” was used for some sort of bizarre sexual rituals. The temple and other structures on the island are only visible from the air, since access to the island is severely restricted. Some reports claim the gold dome and statues on the roof of the temple have been removed. Epstein also owns the nearby larger island of Great Saint James. Locals and tourists who once visited Great Saint James now avoid it like the plague. Local construction workers, who were hired to build Epstein’s island mansion, temple, and helipad, were required to sign non-disclosure agreements (NDA) and, almost to a person, are silent about what they have witnessed on the island, derisively nicknamed “Pedo Island” by the locals.

Little Trouble in Big China

Roughly five days after Epstein's arrest a prominent Chinese businessman was arrested on child-molestation charges in Shanghai. How did that happen so quickly, and what could be the ramifications? Writes: Madsen:

On July 11, Shanghai prosecutors charged Wang Zhenhua, the chairman of SeaZen Holdings Co. Ltd., a major Chinese real estate developer, and Future Land, a Hong Kong developer, with child molestation. Another man, identified only as Zhou, were arrested after the mother of a girl from Jiangsu province said Zhou took her daughter to a Shanghai five-star hotel, where she was molested by Wang and Zhou. Zhou first coaxed the girl by taking her to Shanghai Disneyland. Wang was also politically connected and served on the advisory board for the Shanghai municipal government. The government announced that Wang had been expelled from the body after his arrest. The fact that a billionaire pedophile, who likely had gotten away with molesting young girls for some time, would have been taken down so soon after Epstein’s arrest gives rise to the possibility that among Epstein’s papers have been discovered the names of powerful politicians and businessmen around the world. An FBI tip-off to the Shanghai police directly or through INTERPOL, may have resulted in policed surveillance of Wang and his associates. And in what could pose additional problems for Trump, the portfolio of SeaZen Capital Partners LLC includes properties around Trump properties in Palm Beach County, Florida, ground zero for Epstein and a Chinese intelligence blackmail and influence-peddling operation that involves Mar-a-Lago, billionaire members of Mar-a-Lago, and Trump golf courses.

From the Great Southwest to the Upper Midwest

The public probably thinks of the Epstein scandal arising mostly out of New York City and Palm Beach, Florida. But as Madsen reports, its tentacles reach far into more remote locations:

The U.S. Virgin Islands government is not the only one suspected of consorting with Epstein, who was required to check in with local authorities as a registered sex offender. Epstein was of no interest to authorities in New Mexico, where he maintains the high-desert Zorro Ranch, just east of the Sandia Mountains in Stanley. New Mexico Attorney General Hector Balderas said he will push for legislation to require anyone with a sex trafficking conviction to register as a sex offender in New Mexico. At least one of Epstein’s underage victims said she was abused by Epstein at the Zorro Ranch. Epstein bought the ranch property from former Governor Bruce King, who died in 2009. Balderas’s predecessor as Attorney General, Gary King, who is also Bruce King’s son and an unsuccessful gubernatorial candidate, claimed he returned Epstein’s campaign donations. Gary King’s family continues to own land around the Zorro Ranch, where Epstein also built an airplane hangar and runway. Former Governor Bill Richardson said he gave Epstein’s contributions to his political campaigns to charity.

Epstein also owned the Jeffrey Epstein Scholarship Lodge at Michigan's Interlochen Center for the Arts, a fine-arts children's boarding school and camp near Traverse City, Michigan. Epstein stands accused of raping then-15-year old Jennifer Araoz at the camp and grooming 13-year old Maria Farmer to be one of his sex slaves.

(Trivia: What recurring character in our Legal Schnauzer story has curious ties to New Mexico? Why, that would be Birmingham attorney and grease ball Rob Riley. Gee, I wonder how Riley developed his connections in New Mexico. Hmmmm.)


A possible Epstein plea deal and ties to organized crime in Russia

What could an Epstein plea deal mean for compromised VIPs around the globe. Madsen writes:

As Trump did not cut ties with Epstein over Epstein’s sexual consorting with minors but over a real estate deal, a significant question remains: Since Epstein faces, perhaps, the rest of his life in prison, he is in a position to negotiate a plea deal with prosecutors if he provides them names of others involved in what Epstein’s indictment by the US Attorney for the Southern District of New York (SDNY) calls a global “vast network” of victims. Epstein may not have been a billionaire, on paper, but he had access to billions of dollars, much of which -- as is the case with Trump – came from Deutsche Bank. What congressional and SDNY prosecutors are keenly interested in is: What is the amount of Russian oligarch and organized criminal syndicate money that was laundered by Deutsche Bank for businessmen like Trump and Epstein.

The Epstein story is so smarmy that we could use some humor to help break up the perversity. The Israeli angle reminds us of the classic Adam Sandler comedy "You Don't Mess with the Zohan." Here are some highlights. Enjoy:

Alabama Congressional delegation, with Alabama Power CEO Mark Crosswhite, could face DOJ scrutiny as N. Birmingham Superfund scandal heats up again

A singing Canary, Luther Strange, Dave Roberson
(From banbalch.com)

Former attorney general and U.S. senator Luther Strange might not be the only Alabama politico with a bribery problem in his future. If former Drummond Co. executive David Roberson "sings like a canary" for federal prosecutors in Washington, D.C., members of the Alabama Congressional delegation might join Strange in the cross hairs, according to a recent report at ban.balch.com.

On top of that, the CEO of Alabama's most powerful corporate entity might be under federal scrutiny.The fallout from the North Birmingham Superfund Scandal emits an overwhelming stench of "pay to play politics" -- one U.S. attorney Jay Town did not even try to fully resolve in last summer's criminal trial.

Writes K.B. Forbes, publisher of the Ban Balch Web site: (Related documents are embedded at the end of this post.)

The vast majority of the U.S. Congressional delegation from Alabama may have their own crisis, too. Even though none of these members of Congress represent the North Birmingham area, they jointly signed a letter to the EPA, allegedly provoked, too, by Balch.

* On October 30, 2014, a ghost-written letter drafted by Balch and Bingham and signed by six members of the U.S. House of Representatives in Alabama was dispatched. That same day, Congressman Robert Aderholt reported receiving $5,000 from Alabama Power, according to FEC filings.

* A week before, Drummond Company gave Congressman Bradley Byrne $5,000 on October 22, while forking out another $5,000 to Congressman Mike Rogers on October 24.

* Balch and Bingham sweetened the money trail by tossing $2,000 to Congressman Aderholt on October 28, 2014.

* At various times in October, Congressman Mo Brooks received $2,000 total from Balch and Bingham, $2,500 from Drummond, and $5,000 from Alabama Power.

* Congresswoman Martha Roby reported a $4,000 contribution from Alabama Power on election day, November 4, 2014—five days after the letter was mailed out.
Over $30,000 was used to grease the wheels.

For those of you keeping score at home, that's Aderholt, Byrne, Rogers, Brooks, and Roby on the Greasy-Palm Sleaze Train for Balch and Bingham. They are all white and Republican -- but Oliver Robinson, a black Democrat, sits in jail. Just when you think Alabama "justice" can't get any uglier or racist . . .

Mark Crosswhite

What about that powerful CEO? We're talking about Mark Crosswhite of Alabama Power. Writes Forbes in a post titled "Is Alabama Power's Crosswhite in DOJ's cross hairs?"

In Alabama, the plantation mentality wants everyone to stay in their place and to accept the injustice or unsavory conduct—quietly.

Even if you are a success story and not from the gentry class, the people with the plantation mentality won’t accept you, especially if you are African-American.

If ex-Drummond Vice President of Government Affairs David Roberson sings to the feds, who will be hurt the most in this evolving Greek tragedy?

Alabama Power.

And who would be in the DOJ’s cross hairs? Most likely Mark Crosswhite, the current CEO of Alabama Power and a former long-time Balch and Bingham partner.

How does Crosswhite fit in with the plantation mentality? Forbes explains:

In 2016, two-years after he was named Alabama Power’s CEO,Crosswhite told al.com, “”For years I had been deeply involved in helping with the decision-making process, in offering recommendations, courses of action, but I was never involved in the final decision-making and when the chance came to cross over from the legal side to the business side that is why I did it.”

So Crosswhite likes to make decisions. Final decisions.

Might the feds be interested in some of Crosswhite's final decisions? Forbes says the answer is yes:

Investigators may ask:

* Did Crosswhite make the final decisions, courses of action in regards to the corrupt AstroTurf entity Alliance for Jobs and the Economy (AJE) that laundered money to bought-and-paid for politician Oliver Robinson?

* Did Crosswhite make the final decision to send Balch lobbyist Jeffrey H. Wood (working on behalf of Alabama Power) up onto Capitol Hill to get the inside scoop on the North Birmingham suppression effort?

* Did Crosswhite make the final decision to support the effort to suppress and discourage poor African-Americans in North Birmingham from testing their toxic and contaminated property?

* Was Crosswhite in any way “deeply involved” in the decision to have Balch and Bingham target and harass GASP, the tiny but vocal environmental group?

* Did Crosswhite know at any time that AJE money was going to bribe Oliver Robinson directly?

* Did Crosswhite make the final decision, the alleged deal that prevented federal prosecutors from calling anyone from Alabama Power in the North Birmingham Bribery Trial last year?

Could it be that Mark Crosswhite bit off more than he can chew? Writes Forbes:

Crosswhite, we are told, loves to be the most powerful man in Alabama.

He relished the ouster of Bill Canary from the Business Council of Alabama last summer (which Crosswhite spearheaded).

But the foolish plantation mentality of Alabama has no standing before a federal grand jury or congressional hearing.

Crosswhite, who has deep roots in Alabama from the early 19th century according to his bio, should be furious at Balch and Bingham for exposing Alabama Power to possible criminal and civil RICO actions because of the ego of Schuyler Allen Baker, Jr.—a dinosaur partner at Balch.

Schuyler’s sheer stupidity of fighting to the death against Burt Newsome, a commoner not from the gentry class of Mountain Brook, has wrecked havoc on the firm. Newsome is also representing David Roberson in his $50 million civil lawsuit against Balch and Drummond Company.

Fighting those with a plantation mentality, Newsome has refused to remain silent and subservient. And even many of the powerful are respecting Newsome for not taking it on the chin.

In the forthcoming weeks, Balch’s most important client and former partner may feel the scorching heat of the U.S. Department of Justice simply because Balch wouldn’t bring closure with a commoner.

Stupidity at its highest. Even a seasoned decision maker like Crosswhite would agree.

During our appeal of "The Jail Case" before U.S. 11th Circuit, Rob Riley defendants claim my wife, Carol, was not a party to underlying court action in Shelby County, AL -- despite public records to the contrary

Riley Jackson lawyers: Dealing in deceit

Which opposing party is attempting the most brazen legal chicanery in our pending appeal of "The Jail Case" before the U.S. Eleventh Circuit in Atlanta? The "honor," in what should be a surprise to no one, goes to the Rob Riley defendants and their esteemed counsel from the Birmingham firm of Stott and Harrington.

How does the Riley scam work? Well, let's take it step by step.

Our lawsuit, focusing primarily on my unlawful arrest and incarceration for blogging in Shelby County, Alabama, is timely on at least two grounds: (1) Accrual of the statute of limitations  (SOL) in a civil-rights case is governed by federal law, which holds that the SOL in a case involving false arrest and imprisonment does not begin to run until the imprisonment ends. My imprisonment ended on March 26, 2014, and "The Jail Case" lawsuit was filed on March 26, 2016, inside the two-year window under Alabama law; (2) A legal concept called "equitable tolling" extends the SOL in cases where a party is hampered by a legal disability.

In our case, the disability in question is the broken arm that my wife, Carol, suffered at the hands of deputies in Greene County, Missouri, during an unlawful eviction. Carol's broken arm, which came just as we were about to file our notice of appeal and original brief in "The Jail Case," was a comminuted fracture that required eight hours of trauma surgery and involved a number of possible complications that could have been life threatening. It also required about six months of intensive physical therapy, and during that time, I pretty much became Carol's full-time caregiver.

If that does not qualify as a legal disability that prompts equitable tolling, I'm not sure what would. But the Riley defendants were not having it. Since they had no real legal argument, they decided to distort reality, with the assistance of their lawyers from Stott and Harrington. Here is how we described it in our reply brief (embedded below, with our appellants' brief):

Perhaps the most blatant outrage in the Riley response brief involves the Shulers’ claim re: equitable tolling, due to Carol Shuler’s broken arm – broken by law-enforcement thugs in Missouri. Riley states: “It is nonsense to suggest that an injury to Carol Shuler should extend the statute of limitations date for a claim of abuse of process which belonged only to Roger Shuler. Carol Shuler was not a party in the underlying Shelby County court action upon which the abuse of process claim was based.”

We invite you to examine a couple of documents (here and here) from the underlying court action in Shelby County. The first is an amicus curiae memorandum from the Alabama office of the American Civil Liberties Union (ACLU), showing that Judge Claud Neilson's actions in ordering my arrest and incarceration were wildly unlawful. Under "Respondents" near the top of the motion, you will notice the name Carol T. Shuler. That's my wife, the one who had her arm broken. Her name is present because she was a party to the case, put there by the Riley defendants themselves, who included her in their lawsuit.

Stott and Harrington

The second document is Rob Riley's Motion for Contempt. Again, the name Carol T. Shuler appears among Respondents. And Riley even goes so far as to seek her arrest.

How do the Riley defendants, and their Stott and Harrington lawyers, then reach the conclusion Carol was not a party in the Shelby County court action? That defies explanation, and here is our reaction in the replay brief:

Carol Shuler was not a party? Really? Are the Riley defendants and their lawyers monstrous liars or are they too lazy to check the public record? The Riley lawyer does not even know who his client sued? Carol Shuler most certainly was a defendant in the underlying court action, and a simple search on Alacourt.gov shows that (if Riley hasn’t caused the record to be sealed). In fact, the Riley defendants specifically sought Carol Shuler’s unlawful arrest and incarceration, just as they did with Roger Shuler; their law-enforcement cronies just weren’t able to kidnap her. This blatant false statement in a legal brief should call into question all of the so-called arguments Riley attempts to pass off as legitimate.

Both the Riley defendants and the Stott-Harrington lawyers are "officers of the court," so this sham argument probably constitutes fraud on the court. We will be studying that issue and considering how to respond as we await findings from the Eleventh Circuit.


(To be continued)

Documents from North Birmingham Superfund scandal suggest Luther Strange might be one of several Alabama politicos with bribery issues in their futures

Documents related to the North Birmingham Superfund scandal suggest former Alabama Attorney General Luther Strange accepted a bribe to send a letter opposing the Environmental Protection Agency's (EPA) clean-up efforts.

Strange might not be the only Alabama politico to dip his toe into criminal waters, and a Birmingham-based blog's reporting on the matter has set off hysteria among the state's officialdom and legal elites, especially in Washington, D.C. and likely Montgomery and Birmingham, too. Former Drummond executive David Roberson, and attorney Burt Newsome reportedly are working the ropes to spill all of the ugly details to the U.S. Department of Justice.

As for Strange, let's consider the timeline of his dubious actions, as reflected in documents embedded at the top of this post:

(1) An email that Balch and Bingham lawyer Joel Gilbert sent to the Alabama AG's Office, requesting Strange's opposition to the EPA -- Oct. 13, 2014;

(2)  A draft of the letter, written by Gilbert, opposing EPA action -- dated Oct. 8, 2014;

(3) Contribution detail, in the amount of $25,000, from Drummond Co. to Luther Strange Campaign Committee -- Oct. 17, 2014;

(4) A copy of the letter, on official letterhead of Alabama AG's Office (and signed by Strange), sent to EPA administrator Heather McTeer Toney -- dated Oct. 23, 2014.

What does all of this mean? Let's turn to K.B. Forbes, editor of banbalch.com, for analysis. From a post titled "Scary Canary! Panic as Roberson–the Missing Link– Considers Singing to Feds":

Our sources in Washington, D.C. tell us there has been panic since our post a week ago about ex-Drummond executive Dave Roberson who is now considering singing like a canary to federal investigators.

Venable, the prestigious law firm out of Baltimore, that tried unsuccessfully to prevent the indictments of Balch and Bingham partners Steven McKinney and Joel I.Gilbert, is now out and about, hot on the trail. Our sources could not tell us who has contracted them (Balch? Drummond?).

Our website traffic confirms the sheer depth of the panic: we had record traffic on Monday and Tuesday of last week, quadruple the typical traffic and extremely unusual just days before a national holiday.

Why the panic? Forbes provides insights:

And what so upsets Drummond, Alabama Power and Balch and Bingham if Roberson were to squeal?

Could it be payments for official acts? The signing of ghost-written letters in exchange for campaign cash? The confirmation of alleged corruption and an alleged bribery ring?

Ex-U.S. Senator Luther Strange, Balch and Bingham’s biggest stooge, appears to face a real criminal problem of his own. Allegedly provoked by Balch, he involved himself in the North Birmingham EPA matter even though Strange had no authority to do so. At the time, the Governor had delegated the Alabama Department of Environmental Management to handle all issues related to the North Birmingham EPA matter.

* On October 13, 2014, convicted felon and Balch-made millionaire Joel I. Gilbert sent Luther Strange, then the Alabama Attorney General, a draft letter about the North Birmingham EPA matter.

* Four days later, on October 17, Strange accepted a $25,000 contribution from Drummond Company.

* Six days later after the money was deposited, Strange signed the ghost-written letter and dispatched it on his official letterhead to the EPA on October 23, 2014.

What about other Alabama politicos -- generally of the GOP variety -- who might be hearing a freight train comin' around the bend? We will address their issues in an upcoming post.

Former Drummond exec's lawsuit could reopen North Birmingham scandal and and blow the masks off some of Alabama's most hideous political bottom feeders

Birmingham Superfund site

Some of the biggest names in Alabama politics might be breathing a sigh of relief now that the North Birmingham Superfund scandal seems to have blown over. But several of them could be developing tightness in the sphincter if recent developments prove the scandal remains very much alive, as reported at banbalch.com (BB).

What could bring the Superfund scandal roaring back to life? According to a recent post at BB, the answer is a lawsuit that former Drummond Co. executive Dave Roberson filed in March against Balch and Bingham and others who helped make him the fall guy in last summer's criminal trial. From a recent BB post titled "Roberson planning to sing like a canary":

Facing 30 months in federal prison, bankruptcy, the loss of the family home, and the insurmountable emotional toll he and his family have suffered, ex-Drummond Commpany executive Dave Roberson is prepared to talk with federal prosecutors about the intricate details of the North Birmingham Bribery Scheme.

Roberson never testified in his criminal trial and has never told anyone outside legal counsel about the meticulous and unsettling details.

What could turn the tables and revive the Superfund matter? Roberson's attorney in the civil matter is Burt Newsome, who has seen Balch and Bingham attempt to steal his lucrative collections practice, take threatening actions against his wife and family, and pay a Jefferson County judge, apparently to make unlawful rulings in what BB calls "The Newsome Conspiracy Case."

Newsome, it appears, will not be playing softball with Drummond, Balch, or any of the other political predators involved in the Superfund scandal. Writes BB Publisher K.B. Forbes:

Just a few months back, Balch and Bingham and Drummond Company were not concerned because Roberson’s criminal lawyers were paid by Drummond and Balch’s grip on Jefferson County including federal probes was solid.

But all that changed when Roberson hired Burt Newsome as his civil lawyer. Newsome, who allegedly was wrongly targeted, falsely arrested and defamed by Balch and Bingham, is running circles around the Balch posse.

U.S. Attorney Jay E. Town has been intentionally avoided and overlooked due to his ties to former U.S. Senator Luther Strange, Balch’s biggest stooge.

Instead, Roberson’s civil lawyer is working with federal investigators in Washington, D.C. and Capitol Hill senior staff. circumventing the political cronyism and corruption of Birmingham.

Newsome is conducting an end run around compromised local U.S. attorney Jay Town? Yikes, that could strike fear into the hearts of certain Alabama crooks, who once enjoyed the cover provided by Mr. Town and like-minded prosecutors. Reports Forbes:

And who should be worried?

Our sources say management members at Alabama Power, Drummond Company, Thompson Tractor, and Balch and Bingham—corporate supporters of the AstroTurf and money laundering entity Alliance for Jobs and the Economy that funneled over $360,000 in bribes to disgraced State Representative Oliver Robinson—appear to have possibly given incomplete testimony or even perjured themselves.

More interesting now are the five-figure campaign contributions (to investigators: alleged bribes) paid to Balch’s biggest stooge Luther Strange and ex-Governor Robert “Luv Guv” Bentley after signing the multiple ghost-written letters to the EPA against the North Birmingham expedited clean-up efforts.

The ghost-written letters were allegedly drafted by convicted felon and Balch-made millionaire Joel I. Gilbert.

We can think of several other Alabama politicos who might have reason to worry if the lid is ripped off the Superfund scandal:

* Jeff Sessions --  The former U.S. senator and Trump attorney general pocketed hundreds of thousands of campaign-contribution dollars from Balch and Drummond during  his 20 years in Congress. Sessions also intervened to oppose Environmental Protection Agency (EPA) action in the Superfund bribery scandal -- and he did so just weeks after conferring with Balch lawyers.

* Richard Shelby -- Alabama's senior U.S. senator joined with other state scum suckers to send a letter to the EPA condemning the use of the “air deposition theory” at the 35th Avenue site.

* Luther Strange -- The former U.S. senator and state AG sent detailed letters to the EPA in October 2014 and January 2015 opposing its efforts in North Birmingham. Drummond gave Strange a $25,000 campaign contribution less than a week before the first letter and another $25,000 donation a month after the second.

Jeff Sessions, Luther Strange, Richard Shelby

* Jabo Waggoner -- The long-time state senator in 2015 successfully introduced a resolution opposing the EPA actions at the 35th Avenue Superfund site. According to the Justice Department, the measure was in fact authored by Balch’s Joel Gilbert.

* Gary Palmer -- The Republican U.S. representative joined with Sessions and Shelby to send a letter to the EPA condemning the use of the “air deposition theory” at the 35th Avenue site. Attached to the letter was a copy of Waggoner’s ghostwritten resolution. In July 2016, according to an EPA spokesman, officials from the agency briefed staffers for Sessions, Shelby, and Palmer regarding the status of the 35th Avenue site.

*Jessica Medeiros Garrison -- The long-time GOP operative, and one-time campaign manager and mistress for Luther Strange, has worked all around the Superfund scandal without (so far) being fully exposed. Reports Mother Jones: "[Jeffrey] Wood, [Ed] Haden, and other Balch lawyers spearheaded high-profile legal fights with the Obama-era EPA. Wood and Haden represented Republican members of Congress in a 2016 court filing siding with West Virginia as it fought EPA carbon emission standards at coal power plants. The lawsuit appeared to be coordinated by coal behemoth Murray Energy and the fossil fuel industry-funded Republican Attorneys General Association. RAGA’s executive director at the time, Jessica Medeiros Garrison, was simultaneously an attorney at Balch from 2011 through 2016. She has also worked for Sessions."

Public documents suggest Garrison has dropped out of Luther Strange World and aligned on with the Gaty Palmer Universe. We have received several reports that the Palmer-Garrison relationship has become quite personal, going well beyond political and professional issues. Palmer has a trail of sexual-harassment complaints, dating to his days at the Alabama Policy Institute, so a Palmer-Garrison match might be a natural. We are researching that matter for a possible series of posts.

* Doug Jones -- Most of the Superfund Sleaze has involved Republicans, but U.S. Sen. Doug Jones (D-AL) largely has avoided scrutiny, even though he served as attorney for the money-laundering foundation of former State Rep. Oliver Robinson, who pleaded guilty to accepting bribes from Drummond and Balch. Prosecutors stated that Robinson, Roberson, and Gilbert developed a bribery contract through Balch, and Jones was serving as Robinson's lawyer during that general time period. Did Jones assist in preparing the contract, did he review it, does Jones have ties to Balch and Bingham that might cause him to become active in such a transaction? Would Oliver Robinson enter into such a contract without checking with his personal attorney?


Here is what Alabama political insider Jill Simpson wrote on Facebook in December 2017, noting Jones' propensity for working with unsavory characters:

Doug Jones did the legal work for corrupt black politician Mr Robinson's foundation that accepted bribes from Republican law firms and Drummond folks for toxic tort committed against the black community in Birmingham. Just looks to me like another corrupt republican deal Doug was involved in plus for years he has acted like he was for the black community but he doesn't fool me. I still remember hearing from old FEMA and Pentagon guys as a young storm gypsy stories sitting around a beach fire about how Doug Jones represented one of the head guys for the Klan, Tom Posey, and how that guy was trading airplane loads of guns and getting dope in the Contra deals and dumping on black communities all over our state -- and how Doug got him off, and the fellow was guilty as sin.

Does Doug Jones, in fact, have some ugly ties to Balch and Bingham -- perhaps a "special friend" with ties to the law firm? We have been working on that story for several months and expect to have it nailed down soon. It could throw a major wrench into Jones' hopes for re-election in 2020.

Arrest of billionaire financier Jeffrey Epstein on sex-trafficking charges could lead to a "downward spiral" from which President Donald Trump cannot escape

Jeffrey Epstein and Donald Trump

Saturday's arrest of billionaire hedge-fund manager Jeffrey Epstein could mark the beginning of a nightmarish scenario for Donald Trump, reports a D.C.-based investigative journalist. An indictment against Epstein was unsealed this morning in New York, and the case is expected to be the lead story on cable-news networks throughout the day.

According to a special Sunday edition of the Wayne Madsen Report (WMR), "things just became much worse for Donald Trump." Writes Madsen:

Billionaire Wall Street hedge fund financier Jeffrey Epstein was arrested by federal authorities on July 6 at Teterboro Airport in New Jersey. Epstein was returning on his private jet from a trip to Paris. After his arrest, Epstein was taken to the Metropolitan Corrections Center in Manhattan while awaiting arraignment in federal court at Foley Square on July 8. Epstein's old friend, Donald Trump, was spending the weekend at Trump's Bedminster, New Jersey gold club, 44 miles from the Teterboro airport where Epstein was arrested.

How could this spell deep trouble for Trump, beyond his friendship with Epstein? Madsen provides insights:

Epstein, who, according to a joint report by WMR and the Justice Integrity Project in Washington, allegedly raped a 12-year old girl named Maria and a 13-year old, Katie Johnson, the latter a pseudonym, has been charged by federal prosecutors in New York with one count of sex trafficking and one count of conspiracy to commit sex trafficking. The 1994 rape, according to more than one witness, not only involved Epstein but his then-close friend, Trump. The incident is said to have occurred at a midtown Manhattan mansion owned by retail billionaire Les Wexner, who owns, among other store chains, Victoria’s Secret, a prominent employer of underage female models. The 12-year old rape victim had been abducted in 1993 from a street corner in Waterbury, Connecticut and provided to a child sex trafficking ring.

Epstein's legal travails even have tainted the Trump administration:

In 2008, Epstein beat federal charges of underage sexual trafficking of minor girls by agreeing to a non-prosecution agreement (NPA) with the U.S. Attorney’s Office in Miami, then headed by Trump’s current Labor Secretary Alex Acosta, and the Florida Attorney General’s office. The arrangement was called the “deal of a lifetime” by supporters and critics. Had the deal not been drawn up, federal sex trafficking charges brought against Epstein that were contained in a 52-page indictment, could have imprisoned him for life.

Epstein pleaded guilty to state charges of soliciting prostitution from a minor and agreed to serve 13 months, with unsupervised daytime work release, in an isolated wing of the Palm Beach County Stockade. He also was required to register as a sex offender. Epstein also agreed to pay restitution to his victims. In return, the federal government and state of Florida agreed to a lifetime moratorium on future prosecutions of Epstein or any of his other associates and friends. 

Various reports have named Epstein longtime mentor Les Wexner; the Duke of York, Prince Andrew; Harvard law professor Alan Dershowitz, as well as Trump, among the “friends and associates” of Epstein covered by the NPA. Several of Epstein’s victims, including Virginia Roberts Giuffre, who was an underage “towel girl” at Trump’s Mar-a-Lago club in Palm Beach, sued Epstein, charging that their rights under the federal Crime Victims’ Rights Act (CVRA) had been violated by Acosta’s NPA.

A crack in the Epstein case came about five months ago:

In February, US Judge for the Southern District of Florida Kenneth Marra ruled, against strong opposition from the Justice Department, that the Acosta NPA violated the CVRA rights of Epstein’s victims and he has been deliberating on whether to vacate the agreement. Justice Department attorneys in Miami have been arguing that the 2008 NPA with Epstein must stand. . . .

Over the last several months, the Miami Herald has run a series of exposes, written by reporter Julie K. Brown, exposing further details of the NPA and have identified more of Epstein’s victims. 

The U.S. Attorneys Office for the Southern District of New York (SDNY) filed the most recent criminal charges against Epstein. The charges were contained in a sealed indictment and cover sex trafficking between 2002 and 2005 and occurring in Palm Beach and New York City. 2002 is the year that Trump said of Epstein, “I’ve known Jeff for fifteen years. Terrific guy. He’s a lot of fun to be with. It is even said that he likes beautiful women as much as I do, and many of them are on the younger side.”

Trump seemed to find humor in Epstein's behavior at one time, but that might not be the case anymore, reports Madsen:

What is most interesting is the fact that the SDNY’s Public Corruption Unit (PCU) is handling the case against Epstein. This has raised eyebrows among experienced former federal prosecutors because it indicates that the Epstein case may involve malfeasance in office by government officials. Also, one of the SDNY prosecutors handling the Epstein case in Maureen Comey, the daughter of former FBI director James Comey, who Trump fired in 2007 during a fit of rage. Ms. Comey, a graduate of Harvard Law School, has been with the SDNY since 2015 and is with the Office’s Violent and Organized Crime Unit. . . .

There have been a number of other legal cases involving Epstein in recent months. The Justice Department's Office of Professional Responsibility (OPR) has been investigating the role of Acosta in hammering out the NPA with Epstein’s lawyers, who, at the time of the agreement, included Whitewater special counsel Kenneth Starr, Dershowitz, and famed Miami celebrity attorney Roy Black. Ironically, even as OPR is investigating the legitimacy of the NPA, Justice Department lawyers are arguing in federal court in Miami that it is inviolable and must stand. Also, on July 3, US Second Circuit Judge Jose Cabranes, speaking on behalf of a three-judge panel, ruled that the Justice Department must unseal and produce some 2000 pages of documents dealing with the Epstein NPA. It is believed the documents contain damaging information on Epstein’s friends and associates, including his top aide, Ghislaine Maxwell, the daughter of the late British publisher Robert Maxwell. Robert Maxwell has been linked to Russian Jewish mob boss Semion Mogilevich, who, in turn, has been linked to Trump’s real estate and casino businesses. In December 2018, Epstein concluded a last-minute deal with Bradley Edwards, a south Florida attorney representing Epstein’s victims and who had been sued by Epstein. The financial out-of-court settlement resulted in Epstein’s victims not having to testify in court.

The Epstein story has a strong international element, especially in Great Britain. Writes Madsen:

The involvement of British citizen Maxwell and Prince Andrew in the Epstein matter is drawing attention to another recent story concerning top secret cables sent to London from Washington by British ambassador to the United States Kim Darroch. Among the recipients of Darroch’s cables was Mark Sedwill, the British national security adviser and Cabinet Secretary. Darroch warned in one dispatch to London that, with Trump, “we could also be at the beginning of a downward spiral, rather than just a roller coaster: something could emerge that leads to disgrace and downfall.”

With the FBI involved in the renewed criminal probe of Epstein that links to Maxwell and Prince Andrew, the British ambassador would have, as a matter of course, been briefed by federal authorities on prominent UK citizens being in legal extremis in the United States. In addition, one of the cooperating witnesses for Special Counsel Robert Mueller, Trump campaign interlocutor with Abu Dhabi and Saudi Arabia, George Nader, was arrested at John F. Kennedy International Airport early last month on charges of transporting child pornography into the United States from abroad. How much does Nader know about Trump administration involvement in wider child sexual exploitation and trafficking? Time will tell but the clock has just started moving much faster.

St. Louis Co. pays $750,000 to settle lawsuit over SWAT raid that included fatal shooting of family dog -- reminding us of military-style police force we faced in eviction that ended with my wife's shattered arm

Angela Zorich home in St. Louis County

A Missouri woman's federal lawsuit against St. Louis County and four of its police officers, over a SWAT raid of her home that included the shooting death of the family dog, settled yesterday for $750,000.

The case was heard in front of a jury, and in the end, the county opted to settle with the Zorich family for $750,000. After the county agreed to settle, Angela Zorich stated:

"They know what they did wrong. That money sends a message. The trial showed exactly what happened.”

According to press reports, officers appeared at Angela Zorich's house wearing body armor and carrying M4 carbine rifles. Why the overwhelming show of force. Zorich had failed to pay her gas bill. No kidding -- and no wonder St. Louis Post-Dispatch columnist Tony Messenger wrote the following in a June 25 article about the early stages of the trial, which seemed to focus around Kiya, a 4-year-old pit bull that was fatally shot:

Kiya's dead, but this case isn't really about her.

In a court case that's expected to last about a week and a half, what will really be on trial is the militarization of the St. Louis County Police Department.

That department, Zorich's attorneys said in opening statements, has a policy that it's tactical operations unit -- the SWAT team -- executes all search warrants, even when just checking on a house where the gas bill has gone unpaid. Applying massive force in such a case is a violation of Fourth Amendment protections against unreasonable search and seizure, said attorney Nicole Matlock (of the St. Louis firm Dobson and Goldberg).

"What could possibly have justified (Officer Robert Rinck) deciding to call in the (tactical operations) team?" she asked jurors.

St. Louis County is not the only part of Missouri with a militarization problem in its police force. The Zorich raid, in April 2014, is reminiscent of our experience with the Greene County Sheriff's Office (GCSO), which raided our duplex apartment in September 2015 for an eviction that was unlawful on at least 10 grounds -- including the fact that no judge had signed off on a final order, allowing the eviction to proceed. The only such document in the case file is described multiple times as "interlocutory," which means non-final -- especially since a court date already had been set to consider various issues raised in the case.

X-ray of Carol Shuler's broken arm.

Without authority from a judge, six to eight Greene County officers (including Sheriff Jim Arnott) burst into our home, wearing body armor, and Deputy Scott Harrison pointed an assault rifle directly at my head. Deputy Jeremy Lynn grabbed my wife Carol, slammed her face-first up against a wall and pounded her head multiple times into the wall. The frantic episode ended with an officer wearing a blue shirt -- we call him "Mr. Blue Shirt" because the GCSO has refused to identify him -- slamming Carol butt-first to the ground and yanking on both of her arms in a violent upward and backward motion.

Our pet cat survived the raid unscathed, but Carol was not so fortunate. Her left arm was shattered just above the elbow in what is called a comminuted fracture (breaks in two or more places) -- the kind of injury normally associated with trauma, such as a car wreck. Carol needed roughly eight hours of trauma surgery at Cox South Medical Center, during which a number of complications had her life on shaky ground.

As if our experience was not filled with enough outrage, Greene County Prosecuting Attorney Dan Patterson filed criminal charges against CAROL -- claiming she had assaulted a law-enforcement officer, even though the officer in question (Jeremy Lynn) admitted he initiated contact with Carol, which means, under Missouri law, she could not have committed the alleged offense. For good measure Greene County Judge Jerry Harmison allowed officers to unload a cornucopia of false, inconsistent, and perjurious statements to find her guilty -- punishing her with what amounted to a $10 fine and a suspended imposition of sentence (SIS), which means the whole sham eventually should be cleared from her record.

Angela Zorich

We have a pretty good idea of the terror inflicted on the Zorich family, and we are in the early stages of a federal civil-rights lawsuit -- not only against Greene County and its officers, but against landlord Trent Cowherd, and at least two lawyers (Craig Lowther and David Shuler, my brother) who helped orchestrate the whole thing.

As for the Zorich case, how could an unpaid utility bill turn into a matter for the police? The best explanation we can find comes from a court ruling that was issued just before the case headed to trial last week. Writes U.S. Magistrate Judge Patricia L. Cohen (citations omitted):

In early 2014, Plaintiff lived in a single-family home with her husband, three adult sons, a six-year-old daughter, and three dogs, including a pit bull named Kiya. At that time, (Robert) Rinck was an officer with the St. Louis County Police Department's Problem Properties Unit ("PPU"). Plaintiff's neighbor, who was an investigator for Laclede Gas Company and an acquaintance of Rinck, had called the police department several times to complain about Plaintiff's dogs barking. On April 23, 2014, the neighbor called Rinck to inform him that the gas company had suspended Plaintiff's natural gas service.

Before visiting Plaintiff's residence, Rinck "ran" Plaintiff's address in the County's Crime Matrix program to determine whether any residents of the home had arrest/criminal histories or outstanding arrest warrants. Rinck's search revealed that Plaintiff's husband, Michael, and her three sons, Joseph, Zacariah, and Isaiah, had criminal histories, which included arrests for violent offenses, and that Plaintiff and her sons had outstanding arrest warrants. Rinck also reviewed a list of all calls for police service to Plaintiff's address, including a report that Plaintiff's pit bull attacked a neighbor's dog.

Kiya, the pit bull

On Friday, April 25, 2014, Rinck and two problem property specialists from the County's Department of Public Works went to Plaintiff's house for the purpose of investigating whether the property was safe for occupancy. The County Police Department's other problem properties officer, Officer Rehagan, met Rinck and the property specialists at the residence. When Rinck knocked on the front door and loudly announced himself, the door opened inward. Someone inside the house slammed and locked the front door, and Rinck heard a male voice shout, "fuck you." Rinck knocked several more times, but no one answered the door.

Officer LaChance responded to Rinck's call for assistance and informed Rinck that he was familiar with the Zorich family. According to LaChance, residents of Plaintiff's house were "hostile and combative with the police." Rinck also spoke to one of Plaintiff's neighbors, who complained about Plaintiff's barking dogs and the "loud and offensive language and behavior of members of the Zorich family" and informed Rinck that an infant and a four-or five-year-old girl might reside there. The neighbor allowed Rinck and the housing specialists to enter his backyard for the purpose of inspecting Plaintiff's property, and they observed that Plaintiff's deck "appeared to be in imminent danger of collapse." Rink also observed the lock on the natural gas meter. Before leaving the property, Rinck placed a problem properties notification sticker on Plaintiff's window.

Later that day, Plaintiff "googled" the PPU and found a phone number, which she called.  The first woman Plaintiff spoke to informed her "there was no indication of any issues at her address in the computer" and directed her to an employee named Kim. Plaintiff left Kim two messages requesting return telephone calls.

Plaintiff called the number again the following Monday, April 28, 2014, and spoke to someone who instructed her to call either Rehagan or Rinck directly. Plaintiff first called Rehagan, who informed her that the PPU needed to inspect the interior of her house because they had received an anonymous report that her electricity and gas were off. Plaintiff replied that only her gas was off and, when Rehagan insisted that her electricity was off, Plaintiff said "That's bullshit," and Rehagan terminated the call. Plaintiff called Rehagan back to apologize, and Rehagan advised her to call Rinck.

Plaintiff then called Rinck, who informed Plaintiff that he was investigating her home for lack of gas service and that someone in her house had said "fuck you" to him. Rinck did not mention the condition of the exterior deck. When Rinck advised Plaintiff that he wished to "meet at the property and conduct an inspection," she responded, "Well, I'll have to talk to my husband." Rinck told Plaintiff that "the investigation would continue."

How does an unpaid gas bill become a matter for police? Why is it up to cops to help determine if a property is safe for occupancy? Why do they need a SWAT team to make such a determination? How in the hell does any of this happen?

Thankfully, the Zorich family received $750,000 worth of justice for the ordeal. In my view, the figure should have been higher.

Feds must think Missouri resident Scott J. Wells has superpowers because they charged him with child-porn offenses that are physically impossible to commit

Scott J. Wells

How did federal prosecutors level child-pornography charges on Missouri resident Scott J. Wells, even though their own narrative shows it was physically impossible for him to commit the alleged offenses?

The charging documents the feds prepared are kind of important -- Wells has been unlawfully detained for more than two years, based on them. But does anyone in the Western District of Missouri bother to proof read their own filings? Does anyone bother to read them at all? The answer to both questions seems to be no. (The charging documents are embedded at the end of this post.)

The case against Scott Wells begins unraveling near the end of page 3, moving on to page 4, of the criminal complaint-affidavit in Case No. 6:17-cr03043-MDH, under the heading "Probable Cause." James D. Holdman Jr., a special agent (SA) with United States Immigration and Customs Enforcement (ICE), Office of Homeland Security Investigations (HSI) in Springfield, MO, prepared the affidavit and writes as follows:

Probable Cause 

7. On March 8, 2017, Southwest Missouri Cyber Crimes Task Force (SMCCTF) Officer (TFO) Lee Walker reviewed two CyberTips, 16533142 and 16099575, from the National Center for Missing and Exploited Children (NCMEC). Both CyberTips were initiated by Facebook. . . . CyberTip 16099575 was received by NCMEC on December 21, 2016, and CyberTip 16533142 was received by NCMEC on January 15, 2017.

8. CyberTip 16533142 was initiated by Facebook, after a file, 9p6ov3uhu4048okk15645265_10210760647827988_2086195755_n.jpg., containing suspected child pornography had been uploaded from a Facebook account. The suspect file was uploaded from a Facebook account with a screen name of scott.wells.79 and user ID 11033732066. The account listed a verified email address of scottw3820@yahoo.com. The suspect file was uploaded on December 15, 2016, at 15:18:55 hours UTC, using IP address 173.19.198.141. This affiant reviewed the image from CyberTip 16533142. The image depicts a minor, prepubescent female lying on what appears to be a bed with her pants pulled down, her legs spread and up in the air, exposing her vaginal and anal area. The minor female's hands are on her bottom.

9 CyberTip 16099575 was initiated by Facebook after a file, erhdoxdu14c8wk44015644194_10210760665228423_1722966896_n.jpg., containing suspected child pornography had been uploaded from a Facebook account and sent to another Facebook account. The suspect file was uploaded to and sent from scott.wells79's Facebook account. The suspect file was uploaded on December 15, 2016, at 15:18:55 UTC, using IP address 173.19.198.141. The suspect file was sent from scott.wells79's account to an account with a Facebook screen name of kara.adkins1007. This affiant reviewed the image from CyberTip 16099575. The image depicts a minor, prepubescent female laying on her stomach with no pants on, with her legs spread, exposing her vaginal and anal area.

First, we note that Nos. 7-9 deal with two issues: (1) No. 7 describes Facebook's actions in sending a "cyber tip" to the National Center for Missing and Exploited Children, which forwarded the tip to a law-enforcement task force in Southwest Missouri; (2) Nos. 7 and 8 describe actions Scott Wells allegedly took, sparking a search of his home and an arrest.

Second, we note the areas in Nos. 8 and 9, highlighted in yellow, where Holdman states multiple times that Wells "uploaded" suspect images from his own Facebook account -- the second time sending the image to another Facebook account. I don't claim to be an expert on computer terminology, but I'm pretty sure there is a difference between an "upload" and a "download." Here is how one Web site puts it:

Uploading is the process of putting web pages, images and files onto a web server. Downloading is the process of getting web pages, images and files from a web server.

To make a file visible to everyone on the internet, you will need to upload it. When users are copying this file to their computer, they are downloading it.

In other words, when an image originates with a user and is placed on the Web, it is uploaded. When an image already is on the Web and someone clicks on it, perhaps saving it, that is a download. Scott Wells has said he received a Facebook file from a woman in Tennessee (apparently Kara Adkins) and clicked on it without knowing what it was and without asking for it. When he saw the image, he thought it was the woman's daughter, that the mother essentially was enticing Facebook users with pornographic images of her own child. Wells has said he forwarded the image to the daughter in an effort to alert her about the mother's unlawful acts. Federal prosecutors now claim this act of alerting a victim amounts to distribution of child porn.

Brady Musgrave

So, prosecutors don't seem to know the difference between an upload and a download, and that alone might be grounds to dismiss the case because the feds' narrative appears to misstate the facts of the case. But the feds' much bigger problem can be found in the green highlighted areas above.

In No. 8, the affidavit states that Wells "uploaded" the first file on "December 15, 2016, at 15:18:55 hours UTC."  In No. 9, the affidavit states that Wells "uploaded" the second file -- a different file, with a different file name -- on "December 15, 2016, at 15:18:55 hours UTC."

The feds have charged Scott Wells with "uploading" two separate suspect files -- and he did both at the exact same time, right down to the second. I took enough physics in high school to know that can't be done. David Copperfield couldn't do it, so Scott Wells -- who is almost legally blind in one eye and must use a walker from the effects of a benign brain tumor -- certainly couldn't do it.

That leaves this question: Will Brady Musgrave, Wells' third court-appointed attorney -- take the necessary steps to get the charges dismissed and his client freed from more than two years of wrongful incarceration? We intend to find out. Another question: How did U.S. prosecutor James Kelleher let the Wells case get so far without noticing that it alleges an offense that is physically impossible to commit. As a "minister of justice" under Missouri law, will Kelleher do the right thing and dismiss the case -- maybe even helping Scott Wells receive the compensation to which he is entitled, under federal law, for having two years of his life stolen.? Is Kelleher capable of doing the right thing? We intend to find out about that, too.

BTW, this is not the only ground upon which the Wells case -- as a matter of law -- must be dismissed. We will discuss another one in an upcoming post.


(To be continued)