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Reps. Merika Coleman, Terri Collins introduce legislation aimed at fighting human trafficking

Gabby Dance

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Rep. Merika Coleman, D-Birmingham, and Rep. Terri Collins, R-Decatur, introduced four bills aimed at fighting human trafficking on Wednesday in honor of Human Trafficking Awareness Day.

Three of the bills passed unanimously through the committee. One, HB260, will receive a public hearing and will be voted on next week.

“Human trafficking is the fastest-growing criminal enterprise in the world, second only to the drug trade as the largest in the world,” said ADAA President Tom Anderson of Enterprise. “Alabama is not immune, as we have seen an increasing number of cases in Alabama involving both sex trafficking and labor trafficking, including children.”

HB261, HB262 and HB264, the three bills passed out of committee, received their second reading on the House floor on Thursday. They will be up for debate next week.

The bills would require health care workers and truck drivers to undergo training on signs of human trafficking.

If enacted, all current people in those fields would be required to receive training by July 1, 2020. After that, all new employees must be trained within their first six months of employment.

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“There are more slaves in the U.S. today than at any other point in our country’s history,” said Doug Gilmer, resident agent in charge with the U.S. Department of Homeland Security. “The I-20 corridor from Atlanta to Birmingham is the most trafficked section of interstate in the entire nation.”

The bills would also allow publication of photos of those who solicit or purchase sex, increase penalties for businesses who defy qualifications to provide information of human trafficking hotlines and make the Alabama Department of Labor, the Alcoholic Beverage Control Board and the Public Service Commission responsible for enforcing these laws.

“As the issue of human trafficking continues to gain local and national attention, including a recent string of arrests in multiple Morgan and Madison County massage parlors last week, we want to make sure Alabama is doing everything it can to be on the forefront of combating this incredibly prevalent issue,” Coleman said.

One of the state’s first encounters with human trafficking occurred in 2013, when a 17-year-old girl kidnapped in Mississippi was drugged and forced into sex trafficking in Alabama and Tennessee. The victim escaped her captor in Dothan. The abductor was then sentenced to 50 years of prison in Houston County.

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“As district attorneys, our members see cases of human trafficking first hand,” said Barry Matson, executive director of the Alabama District Attorneys Association. “Their call is not just to prosecute the traffickers, though that is critical, but also to help the victims out of their dire situations. Most often, these are children and women who are controlled by traffickers through coercion, physical force or fraud.”

According to the Alabama Human Trafficking Task Force, 80 percent of trafficking victims are female and the average age for initial force into sex trafficking is between 11 and 14 years old. Half of the world’s 27 million sex trafficking victims are children.

The human trafficking industry is estimated annually at $110 million in Alabama. Worldwide, it is estimated at $150 billion annually.


The bills were supported and assisted by several service providers, law enforcement, the Alabama Attorney General’s Office and the Alabama Human Trafficking Task Force.

 

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Corruption

Prosecution accepts misdemeanor plea in high-profile environmental administrator’s case 

The plea deal came shortly before Jefferson County Circuit Court Judge Stephen C. Wallace was to hear arguments on selective and vindictive prosecution.

Bill Britt

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(STOCK PHOTO)

Almost two years ago, Trump administration EPA Region 4 Administrator Onis “Trey” Glenn III was charged with more than a dozen state felony ethics violations. On Monday, he pleaded guilty to three misdemeanor charges after reaching a plea agreement with the prosecution.

The plea deal came shortly before Jefferson County Circuit Court Judge Stephen C. Wallace was to hear arguments on selective and vindictive prosecution.

According to a statement from the Ethics Commission at the time, Glenn, along with former Alabama Environmental Management Commissioner Scott Phillips, was charged after a Jefferson County grand jury returned indictments against the two on Nov. 9, 2018, according to a statement from the Ethics Commission.

Rather than moving forward with the case, prosecutors dropped the felony charges against Glenn. They opted to reach an agreement to accept a plea on three counts of “unintentional” violations of the ethics code. Glenn received a two-year suspended sentence for his actions.

“In the interest of efficiency, we were pleased to take advantage of the opportunity to resolve this matter,” Glenn’s attorney Matt Hart told APR when reached for comment. “My client pleaded to unintentional, misdemeanor violations of the ethics law, and the matter is concluded.”

Questions surround the prosecution’s decision to settle the case for a confession to minor offensives in such a high profile case. Still, from the beginning, the case was marred by allegations that the Alabama Ethics Commission’s lawyers had mishandled the investigation and indictments.

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Indictments against Glenn and Phillips were reported by AL.com even before the pair was arrested or served with the indictments. In AL.com’s report, Ethics Commission Executive Director Tom Albritton said that then-Jefferson County District Attorney Mike Anderton had requested the Ethics Commission help indict the two men.

As first reported by APR, shortly after Glenn and Phillips’ indictments, Albritton and his team’s actions raised serious questions about the process that led to charges against the two men. APR reported that Albritton and Ethics Commission lawyer Cynthia Propst Raulston approached Anderton, and he did not request help with the case from the commission, as was reported in AL.com.

Later, APR confirmed that the Ethics Commission approached Anderton, contradicting Albritton’s public statement. In a sworn statement given on Feb. 9, 2019, Anderton said it was Ethics Commission lawyers who approached him, as first reported by APR in November of last year.

According to Anderton, in the fall of 2018, Propst Raulston approached him because “she had a case she wanted to present to the Jefferson County Grand Jury.”

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He further states, “I told Ms. Raulston that I would facilitate her appearance before the grand jury but that my office did not have the resources to support her case. I also told her that she would have to prosecute the case herself.”

These and other aberrations came into sharper focus when Hart — the state’s most famous prosecutor of his generation turned defense attorney — began diving into the particulars of the prosecution’s case.

Glenn’s defense argued from the start that procedural process was circumvented when Albritton and Propst Raulston took the complaint directly to a grand jury rather than the Ethics Commission as prescribed by the Legislature.

An ethics commissioner told APR privately that the commission was never informed about a complaint against the two men, nor was the investigation.

According to internal sources, actions taken by Albritton and Propst Raulston created turmoil at the commission and raised a question about who would prosecute the case on the state’s behalf.

During the process, Albritton, Propst Raulston, and other attorneys for the commission asked the attorney general’s office to take over the case; however, according to sources within the office, the AG turned them down after a review found “statutory problems” with how the case against Glenn and Phillips was handled.

In a motion to dismiss, the defense said, “In sum, the Ethics Commission Staff trampled Mr. Glenn’s rights in obtaining the indictment without giving him his required notice and an opportunity to be heard as required by the Alabama Ethics Act, and then after indictment denied him notice as guaranteed by the Grand Jury Secrecy Act and failed to protect his presumption of innocence as required by the Rules of Professional Conduct.”

While not explicitly noted in the motion to dismiss, the relationship between environmental group GASP and the prosecution was a subject that would have been heard in the hearing on selective and vindictive prosecution.

Immediately following Glenn and Phillips’ indictment, GASP posted a celebratory tweet, even taking credit for the indictment.

Former GASP director Stacie Propst is the sister of Ethics Commission lawyer Propst Raulston who presented the case to the Jefferson County grand jury.

While many in the environmental community celebrated Glenn’s indictment, the defense argued the prosecution took an illegal short cut to indict him, which denied Glenn due process and amounted to selective and vindictive prosecution.

Monday’s plea agreement ended the two-year drama without further exposure as to what happened behind the scene. Phillips’s case is still pending.

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Corruption

Former Barbour County sheriff arrested, charged with taking money from sheriff’s office

Upshaw was charged with two crimes connected to taking more than $85,000 from several accounts that belong to the sheriff’s office.

Eddie Burkhalter

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(STOCK PHOTO)

Alabama Attorney General Steve Marshall on Tuesday announced the arrest of Leroy Davie Upshaw, the former sheriff of Barbour County, on charges that he used his office for personal gain. 

Upshaw, 49, surrendered to the Barbour County Sheriff’s Office on Monday and was released on bond, according to a Marshall’s office. He had served as sheriff until his term ended in January 2019. 

Upshaw was charged with two crimes connected to taking more than $85,000 from several accounts that belong to the sheriff’s office, Marshall’s office alleges. One charge alleges that he used his public office to receive personal financial gain and the other charge alleges that he used his office to obtain financial gain for members of his family. 

The Dothan Eagle reported in 2018 that Upshaw’s troubles began when the sheriff’s office was audited and cited for 11 errors, including one in which Upshaw gave himself the additional salary that had gone to the former work release administrator.

If convicted of the class B felony of using his office for personal gain, Upshaw could face up to 20 years in prison.

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Corruption

Attorney general opposes motion to reconsider Hubbard’s prison sentence

“Hubbard is not being punished for his reversed convictions. He is being punished for the crimes of which he remains convicted,” Marshall wrote to the court. 

Eddie Burkhalter

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Former Alabama House Speaker Mike Hubbard reported for his prison sentence at the Lee County Detention Facility on Sept. 11.

Alabama Attorney General Steve Marshall in a court filing Tuesday opposed a request by former House Speaker Mike Hubbard’s attorney for the court to reconsider his 4-year sentence on six felony ethics violations.

Marshall in the filing said that after four years of appeals, Hubbard remains convicted of those felonies.

“This Court’s carefully calibrated sentence of a four-year split, among other penalties, properly accounted for the severity of Hubbard’s crimes, the position of trust he abused, and the need for serious penalties to deter other wrongdoers,” Marshall wrote to the court. “In addition, Hubbard’s refusal to admit any guilt or express any remorse makes him wholly unfit to receive any leniency now that he is finally in jail.”

“In sum, nothing material has changed since Hubbard earned his four-year sentence four years ago. It’s simply time for him to serve it. Accordingly, his motion should be denied,’ Marshall continued.

Hubbard had originally been convicted by a Lee County jury on 12 ethics violations, and the Alabama Court of Criminal Appeals upheld 11 of those convictions, but the Alabama Supreme Court later reversed five of those convictions and upheld six.

He began serving his four-year sentence for the six convictions of using his office for personal gain on Sept. 11.

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Hubbard’s attorney argued in a separate court filing that the court should reconsider his sentence because five of the 12 convictions were reversed, but Marshall told the court Tuesday that the sentence Hubbard received was just.

“Hubbard is not being punished for his reversed convictions. He is being punished for the crimes of which he remains convicted,” Marshall wrote to the court.

Hubbard’s attorney in his request to reconsider sentencing also argued that Hubbard has already suffered from a “divestment of his business interests.”

Hubbard’s convictions related to consulting contracts that enriched him while he served as speaker.

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The state’s attorney general at the time of his conviction determined that Hubbard had bilked Alabama out of more than $2 million.

“Suffice it to say, it is a bad advocacy strategy for Hubbard to mourn his loss of an income stream worth millions, which he financed on the backs of hard-working Alabamians who expected an honest elected official. That Hubbard has lost some of these ill-gotten gains in no way suggests that Hubbard has paid back his debt to society,” Marshall wrote to the court.

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Corruption

Former State Sen. David Burkette pleads guilty, avoids jail

Josh Moon

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Former Alabama Sen. David Burkette

Former State Sen. David Burkette will avoid jail time and be sentenced to a 30-day suspended sentence as part of a plea deal reached on Monday. 

Burkette, who pleaded guilty to one count of violating the Fair Campaign Practices Act, will also have to pay a $3,000 fine and serve 12 months of probation as part of the deal. He was sentenced in Montgomery Circuit Court on Monday after being charged two weeks ago with failing to deposit more than $3,600 in contributions into campaign accounts — a misdemeanor.

He also resigned his seat in the Alabama Senate as part of the plea deal. 

“I’m just happy to still be here,” Burkette told the court following his sentencing, according to multiple media reports. 

The former senator suffered a stroke in 2018 and has been confined to a wheelchair since. His current health status played a role in his sentence considerations. 

The charges against Burkette stem from a series of complaints filed against him with the Alabama Ethics Commission — all of them related to various issues during his time on the Montgomery City Council. The charge for which he pleaded guilty occurred in 2015.

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The Ethics Commission referred numerous charges to the Alabama attorney general’s office, according to sources familiar with the investigation of Burkette, but the attorney general’s office elected to charge Burkette with only the misdemeanor as part of the deal that saw him resign. 

“Candidates for public office at the state, county and municipal levels must comply with the State’s Fair Campaign Practices Act,” said Attorney General Steve Marshall. “Personally profiting from campaign funds erodes public confidence in the system and will not be tolerated.”

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