When indictments were reported by Al.com against Scott Phillips and Onis “Trey” Glenn III for multiple violations of the Alabama Ethics Act, the pair had not been arrested or served with the indictments.
However, Alabama Ethics Commission Executive Director Tom Albritton spoke in glowing terms about the hard work his office and the Jefferson County District Attorney’s office had done to bring a felony case against the men.
Albritton’s disclosure of the indictments before Phillips and Glenn were arrested and indicted may be a severe breach of state law.
Alabama Code Title 12. Courts § 12-16-210 reads: “Any judge, district attorney, clerk or other officer of court or grand juror who discloses the fact that an indictment has been found before the person indicted has been arrested or has given bail for his appearance to answer thereto shall, on conviction, be fined not less than $200.00, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months.”
According to sources within Jefferson County, the Clerk’s office has raised the issue that the men were not arrested and served in accordance with the law. These actions have resulted in what one individual describes as a “Massive bureaucratic CYA in Jefferson County.”
“Albritton and his people took the true bill from the grand jury and headed straight to the press,” said a person within the Jefferson County system.
Albritton’s conduct may have also violated the Alabama Rules of Professional Conduct as stated in Rule 3.6.(6), which reads, “the fact that a defendant has been charged with a crime, unless there is included therein a statement explaining that the charge is merely an accusation and that the defendant is presumed innocent until and unless proven guilty.” Nowhere in Albritton’s statements to Al.com does he add this disclaimer.
According to multiple sources, Albritton’s people gave Al.com’s Kyle Whitmire the story over the weekend so the news would break after Veterans Day. Al.com reported the men were indicted on Friday, Nov. 9.
Attorneys for Phillips and Glenn learned about the indictments early Tuesday morning. They asked for copies of the charges before noon on Tuesday but were informed that they could not receive the indictments until the pair turned themselves in to authorities. Their attorneys were then notified that the men could not turn themselves in until Friday.
But this is just part of the story which, according to an APR source, “looks more like a grab for relevance by an irrelevant ethics commission using a DA who’s on the way out the door.” Anderton, a Republican political appointee, is leaving the DA’s office having lost his bid for election to Democrat Danny Carr.
In Al.com’s report, Albritton says Jefferson County District Attorney Mike Anderton had requested the Ethics Commission help in indicting the two men. But it was the Ethics Commission who approached Anderton, sources within his office have confirmed.
Multiple sources tell APR that it was the Ethics Commission who approached Anderton in a hurry-up play to grab headlines before the Attorney General’s Special Prosecution Division could investigate the pair properly.
Albritton told APR that he couldn’t comment publicly on any specific conversations between the Ethics Commission and the JeffCo DA’s office. But in general terms, he said, the Commission routinely engages in conversations with DAs and other agencies. Albritton also said that Anderton’s request came in the form of a letter, and he said Anderton asked if the Commission “would be willing to” open the investigation because Anderton’s office lacked the personnel to effectively pursue the case.
According to state and Jefferson County insiders not authorized to speak publicly, Anderton was not even aware of an investigation into Phillips and Glenn until two weeks ago, and he was not pursuing the issue until he was asked to take the matter before a regularly impaneled grand jury by Albritton’s office.
“It’s a lie,” said one of APR‘s sources who monitored the process and knows what took place, “They ask Anderton.”
Albritton’s move was prompted at least in part by a letter reportedly sent from the environmental group GASP allegedly detailing Phillips and Glenn’s questionable activities.
Founded in 2009, as a 501(c)(3) health advocacy organization called “Alabama First,” the group changed its name to GASP in 2010, according to its website.
GASP attorney David A. Ludder told APR that he felt it best not to comment on the matter. Gasp’s Executive Director Michael Hansen agreed with Ludder that it was best not to comment on a pending case.
The GASP letter also is believed to have shown that the statute of limitations for an indictment was drawing near. Albritton told APR that timing is what prompted his office to move quickly without consulting Special Prosecution Division Chief Matt Hart. However, the statute doesn’t seem to expire until around December 21.
Another significant question is why Albritton’s office went behind the attorney general’s back to present the case to a Jefferson County Grand Jury when the Special Prosecution Division already has a Special Grand Jury impaneled in Jefferson County.
There is little doubt that attorneys for Phillips and Glenn will pick apart the Ethics Commission’s actions involving these indictments.