(Montgomery, AL - August 12, 2010) Alabama Governor Bob Riley is naming Etowah County Deputy District Attorney Billy Ogletree to serve the remaining term of resigning Circuit Court Judge, Clark Hall.

Hall's official resignation on July 30th opened the bench for a special appointment by the Republican Governor. The following week, the county Republican Party's executive committee selected party chairman Will Clay as their recommendation to Riley by a 24-14 vote over Ogletree.

Riley is not obligated to follow the party's recommendation, and on at least one occasion in Etowah County, he has disagreed with their decision. Riley named Todd Entrekin as Sheriff following James Hayes' death over the recommendation by the party to the Governor.

Riley says of his selected replacement, "Billy Ogletree is a respected public servant who understands and appreciates the responsibilities that come with being a circuit judge.  I’m confident he will do an outstanding job."

Ogletree is currently a Deputy District Attorney for the 16th Judicial Circuit where he has prosecuted criminal cases. Prior to his service in the Etowah County DA's office, Ogletree has worked as a private practice attorney in Gadsden and Greensboro, AL since earning his law degree in 1987 from the University of Alabama.

During his comments to the Republican Party of Etowah County, Ogletree promised if he was named to succeed Hall that he would promise to win the bench back in 2012. Clay had previously been named to the same court and was voted out of office shortly after his appointment to the outgoing Judge Hall, a Democrat, who did not complete his first term.

“Becoming circuit judge is a very high honor,” says Ogletree.  “I appreciate Governor Riley’s confidence in my abilities and will work hard for the people of this judicial circuit.”

Jamie Scott Barron, 19, Gadsden Charged with Third Degree Burglary, Second Degree Arson	Jimmy Franklin Vernon, 18, Gadsden Charged with Third Degree Burglary, Second Degree Arson

(Gadsden, AL - August 21, 2010) Alabama Deputy Fire Marshal Ray Cumby is charging two Gadsden teenage boys with third degree burglary and second degree arson according to a press release from Etowah County Sheriff Todd Entrekin's office today.

Etowah County Sheriff Todd Entrekin says the two young males have been arrested and charged following an investigation by the Etowah County Arson Task Force.

According to Cumby, 19 year old Jamie Scott Barron and 18 year old Jimmy Franklin Vernon were arrested and charged with one count each of third degree burglary and second degree arson. Both charges are felonies, he says.

According to the report, the incident occurred on Saturday, August 7th at a home on Juanita Street in Glencoe, Alabama. The report indicates Vernon had been evicted from that residence three weeks earlier. In retaliation, both young men returned to the home and set it on fire.

According to the Sheriff's website, both are being held in the Etowah County Detention Center on $7,500 bond each.

(Gadsden, AL - August 21, 2010) The following is an exact word for word replication of the "Third Shift Report" from Gadsden Police Chief Richard Crouch to Mayor Sherman Guyton, dated June 12, 2010.

TO: Mayor Sherman Guyton

FROM: Richard Crouch

DATE: June 12, 2010

SUBJECT: Required Report

On April 8, 2010, I received a memorandum from you directing me to work a 10:00 PM to 6:00 AM, Monday through Friday schedule for a period of 30 shifts and to prepare a written report at the end of that period. Your memo referenced Resolution R-88-10, passed by the City Council on April 6, 2010. That resolution made reference to "complaints about problems that have been occurring in the City" and "possible violations of the curfew laws and the safety of people in communities in the city where law enforcement seems to be absent and not adequately protecting innocent citizens and residents." It also specifically addressed a Council work session on March 9, 2010 and a group of citizens who spoke at that meeting.

These facts were used as the basis to represent the night shift assignment as being investigative in nature and as having a legitimate business purpose. There was even a specific public denial that the assignment was "punitive" even though I had not publicly stated my belief to that effect, nor to the best of my knowledge had anyone else prior to that denial.

There are several other facts which I believe reveal that the stated purpose of the assignment was a subterfuge. First, it has been standard practice for several years now that the City Clerk's office notifies the affected department director when a citizen requests time to address the Council about a problem. This allows the director to hear first-hand the citizen's concerns and provides an opportunity for the director to provide an immediate response to the comments if appropriate. The Police Department has had representatives at many Council work sessions down through the years under those circumstances. In regard to the March 9 work session, no notice was provided to me or any other member of the command staff and therefore no member of the staff was there. My first knowledge that such conversation had occurred at the March 9 pre-council meeting was when the resolution was brought up in April.

Second, if the information presented at the March 9 meeting was of such gravity to cause great concern for the Mayor and Council it seems almost certain that the matter would have been referred to the Council's Public Safety Committee for further review. The Police Department would obviously have been involved in that process and would have had opportunity to respond to the allegations. That referral apparently never occurred.

Third, there is little doubt in my mind that if the information received in the March 9 meeting had been caused you significant concern, you would have made me aware of the allegations and required a response on your own initiative rather than waiting for the Council to pass a resolution over a month later. That never occurred.

Fourth, in the absence of a Public Service Committee referral or mayoral action, surely some individual member of the Council would have made contact with me or a member of the staff to seek some additional information and/or to express his concerns on the information received at the March 9 meeting. That never occurred.

Finally, the Council work session in question occurred three months and three days ago and the information contained in Resolution R-88-10 is till all that I know about that meeting. There has been no communication from teh Council or the administration to expound on the "problems which have been occurring in the City", the absence of law enforcement, or possible curfew violations. I have heard speculation within the Department that the timing of the meeting was related to the homicide of a 17 year old victim which occurred on March 7, 2010, but we have no confirmation of that fact.

For the record, in case the speculation about the March 9 meeting being related to the homicide is accurate, Christopher Hoyt, age 17, was shot at approximately 12:40 AM on March 7, 2010, immediately after leaving a party at the Boys & Girls Club, an agency which receives considerable financial support from the City of Gadsden. The individual who fired the fatal shot had also been at the same party. Among the exceptions stated in the City's curfew ordinance is: "when the minor is returning directly home from a school activity, entertainment, recreational activity or dance". We would have welcomed the opportunity to make this information available to the Council and the concerned citizens had we been provided the chance to do so. We could also have reported that within approximately twelve hours after the shooting our investigators had the suspect identified.

Within six days after the shooting our people had an approximate location on the suspect in Huntington, West Virginia. In less than two weeks after the initial incident we had communicated an exact location to the Huntington Police Department, they had the suspect in custody and our officers had extradited him back to Alabama to face murder charges. I am very pleased with the performance of our patrol officers, crime scene technicians, communications personnel, criminal investigators and the Department’s handling of this case.

For the reasons related above, I do not for one minute buy into the sham that the intent of the night shift assignment was anything but punitive and harassing. It fits int a pattern of harassment which has been on-going for many months now, including Councilman Avery’s proposed resolution (September, 2009) relocating my office to the Department’s training center.

To comply with your April 8 directions, I will reiterate the same suggestions regarding the curfew ordinance which I originally communicated to the Council in 1999 and again in 2003. The existing ordinance is a relatively useless tool for several reasons. First, the exceptions to the ordinance are so broad as to render the ordinance impotent. The above-cited exception, which includes “entertainment” as an exclusion covers such a broad range of activities that returning home from virtually any activity would be excepted from enforcement. A subsequent exclusion is stated as “when the minor is in a motor vehicle with parental consent for normal travel.” Given the fact that parents can also be charged regarding the minor’s curfew violation, there is great incentive for the parent/guardian to have given consent for the minor’s travel, thereby exempting both of them from enforcement. The Code provides no enlightenment on what should be considered “normal” travel.

Second, the ordinance has a built-in first offense warning for both the minor and the responsible parent/guardian. I know of no other provisions within the City or Alabama codes which block full enforcement on the first offense. If the first offense warning were eliminated we would need to ensure that a significant educational effort was initiated to inform all parties of the curfew. This educational campaign would deter violations which may currently be based on ignorance of the curfew while allowing first-offense enforcement with intentional violations and/or negligent violations by parents/guardians. The revised ordinance should provide for the filing of a first-offense petition in juvenile court for the minor and issuance of a first-offense Municipal Court citation to the responsible parent/guardian. Second offenses would be handled by placing the minor in temporary custody of juvenile authorities and seeking a warrant for custodial arrest on the parent/guardian.

Finally, none of the above will have much impact if there is not a credible threat of assuming temporary custodial contol of the minor. That threat does not currently exist. Our only option for custodial control is the Coosa Valley Detention Center in Anniston. Bedspace at Coosa Valley is limited to the point that we currently have difficulty securing a slot for far more serious offenders than curfew violators. It would be a rare occasion for space for a curfew violator to be available. However, as you know, funding for Coosa Valley has been a point of contention between the City and Etowah County for the past several years, which leaves the City poorly positioned to request any changes in bedspace or space allocations at the facility. We have never explored the creation of a local facility for housing juvenile offenders because neither interest nor funding has been apparent. However, we will initiate such exploration if the idea seems to have any viability.

I have no other recommendations arising from my tenure on the night shift on any of the issues you addressed in your April 8, 2010 memorandum.

(Gadsden, AL - August 21, 2010) Gadsden Police Chief Richard Crouch's "Third Shift Report" is now public, including comments made by the chief which describe efforts by Mayor Sherman Guyton and the City Council to obtain the report "subterfuge" and a "sham."

Chief Crouch was assigned to night shift in April for a period of thirty says by Mayor Guyton for the purpose of preparing a written report concerning complaints about curfew laws and public safety of residents in what some in city government referred to as "under-served areas." Crouch's report was returned to Mayor Guyton on June 12, 2010 titled "Required Report."

In that four-page report, Crouch spends approximately two-thirds berating the council and mayor for forcing such an assignment on the Police Chief. At the time of Guyton's assignment by the mayor expressly described to not be a punishment , but rather a period of discovery by a department head, "something I would not hesitate to do with any of my directors," Guyton explained to Gadsden Metro at the time.

After requesting information concerning the Chief's report several times, GadsdenMetro.com reporter, Phillip Swindall asked City Council members and Administration officials about the existence of the report during the Tuestay, August 3 pre-council meeting. Council members and administrative officials both acknowledged existence of the report, but neither provided a copy of the report.

The following week, Tuesday, August 20, a formal written request was made to the City Clerk's office. Upon review from the city's legal department, the report was made available this morning, Wednesday, August 21.

Gadsden Councilman Robert Avery says the report (which will follow in its entirety in another article), "demonstrates the lack of respect the chief has for his mayor and for the council."

Crouch is currently facing a complaint filed in Etowah County Circuit Court regarding his punishment of a Lieutenant of his department. That case will be defended by an attorney hired by the City of Gadsden on his behalf.