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Black disabled veteran sentenced to spend 60 months in prison for medical marijuana

A 2016 arrest for marijuana that has turned into a 60-month sentence in an Alabama penitentiary for a disabled veteran from Arizona is drawing national attention.

Brandon Moseley

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Sean Worsley (VIA ALABAMA APPLESEED)

A 2016 arrest for marijuana that has turned into a 60-month sentence in an Alabama penitentiary for a disabled veteran from Arizona is drawing national attention.

On June 30, Alabama Appleseed director Leah Nelson wrote an account of an arrest and pending imprisonment of a Black disabled veteran that could not have happened in many other states.

The story has been picked up by The New York Times and a number of national news outlets.

Sean Worsley, a disabled Black veteran, and his wife, Eboni, were arrested in Pickens County in August 2016. The Worsleys had visited Eboni’s family in Mississippi and were on their way to North Carolina to visit his family. They made the life-altering mistake of stopping to purchase gas in Alabama on their way to North Carolina.

Sean was wounded in Iraq. The 33-year-old veteran is disabled with a traumatic brain injury and post-traumatic stress disorder from his service in Iraq. He uses medical marijuana to calm his nightmares and soothe his back pain. His medical marijuana was prescribed and purchased in Arizona, where it has been legal since 2011.

A Gordo police officer approached the Worsleys at the gas station. He said their music was too loud, was a violation of the Gordo noise ordinance and asked to search the vehicle. The Worsleys assented, believing they had broken no laws. That was a mistake. Marijuana is still illegal in Alabama even if you purchased it in one of the states where it is legal.

The officer said that he smelled marijuana and asked the couple about it. Sean told him he was a disabled veteran and had a medical marijuana card.

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“I explained to him that Alabama did not have medical marijuana. I then placed the suspect in handcuffs,” the report reads.

Eboni told the officer that the marijuana was behind the seat. The officer found the marijuana and the rolling papers and pipe Sean used to smoke it, along with a six-pack of beer, a bottle of vodka, and some pain pills, for which Eboni had a prescription. Both of them were arrested.

Eboni’s pills weren’t in the original bottle, which the officer said constituted a felony. The couple were both charged and spent six days in jail, but that was just the beginning of their Alabama legal saga.

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Once the Worsleys were released on bond, they paid $400 to get their car out of impound and had to have the car professionally cleaned because venison they had been transporting to North Carolina went bad.

When they returned to Arizona, they found the charges made it difficult for them to maintain housing and stability. They moved to Nevada and leased a house.

Almost a year later, the bail bondsman called and told them the Alabama judge was revoking bonds on all the cases he managed. They had to rush back, or he would lose the money he had put up for their bond, and they would be charged with failing to appear in court. They borrowed money to return to Alabama.

When they got to court, the Worsleys were taken to separate rooms. Eboni explained that Sean was disabled with serious cognitive issues and needed a guardian to help him understand the process and ensure he made an informed decision.

Eboni claims that Sean told her prosecutors told him that if he didn’t sign the plea agreement that they would have to stay incarcerated until December and that they would charge her with the same charges.

Rather than see his wife go to jail he signed the agreement.

Sean’s plea agreement included 60 months of probation, plus drug treatment and thousands of dollars in fines, fees and court costs.

Because the Worsleys lived in Arizona at the time of their arrest, his probation was transferred to Arizona, instead of Nevada, so they broke their lease agreement and moved back to Arizona. Sean’s Arizona probation officer, however, told them that their month-to-month rental did not constitute a permanent address.

At her direction, they contacted Sean’s probation officer in Alabama, who told them to return to Pickens County. They were short on funds so tried to do it by proxy. Drug treatment was another part of the terms of the probation.

Sean was denied treatment by the VA because smoking cannabis for medical purposes “does not meet criteria for a substance use disorder or meet need for substance abuse treatment.”

Eboni is a certified nursing assistant who works with traumatized children. Her job offer was rescinded due to the felony charge in Alabama. She also lost her clearance to work with sensitive information to which she needed access to do her job.

For a while, the Worsleys slept in their car or lived with family. In January 2019, they were homeless. Sean lost his homeless veteran benefits with the VA because Alabama had issued a fugitive warrant for his arrest after Sean missed a February court date in Pickens County. The case was referred to the district attorney’s office in March 2019.

Now Eboni’s health has failed and she needed heart surgery. Sean stopped taking on extra gigs to help her recover. To cover costs, the couple took out a title loan and lost Eboni’s truck when they could not keep up with the payments. With no transportation, they lost their home.

Sean’s benefits resumed in August 2019, but to save money, he failed to pay the $250 to renew his medical marijuana card. In 2020, Sean was arrested at a traffic stop in Arizona and the officer found that he possessed marijuana without a valid medical marijuana card.

Pickens County demanded that he be extradited back to Alabama at a cost to the state of Alabama of $4,345. That was added to the $3,833.40 he already owed in fines, fees and court costs.

On April 28, a Pickens County judge sentenced Mr. Worsley to 60 months in prison. That sentence would already have begun if it were not for the chronic prison overcrowding and the COVID-19 crisis that has gripped the prison system.

Sean has been in the Pickens County jail since early 2020. On April 28, the judge revoked his probation and sentenced him to 60 months in the custody of the Alabama Department of Corrections.

Sean’s mother hired an attorney to appeal the case, but that process has just begun and most inmates begin their sentence while the case is under appeal.

Former Speaker of the House Mike Hubbard was sentenced to a four-year sentence four years ago and has not served a day, but Sean Worsley does not have the friends that Hubbard has. He is in the Pickens County jail awaiting transport to a prison in Alabama.

Eboni is in the hospital for more heart surgery, and Sean will leave behind two children from a prior relationship, ages 12 and 14.

“I feel like I’m being thrown away by a country I went and served for,” Sean wrote in a letter to Alabama Appleseed. “I feel like I lost parts of me in Iraq, parts of my spirit and soul that I can’t ever get back.”

State Sen. Cam Ward, R-Alabaster, who chairs the Senate Judiciary Committee, said he is aghast that this could happen in Alabama.

“This is an anomaly. This is not the norm,” Ward said. “Most police departments in Alabama do not arrest people anymore solely for marijuana possession.”

Ward said usually when someone is charged with marijuana possession, they are charged with other felonies and marijuana possession is an add-on charge.

Ward said that marijuana possession is a class D offense under the sentencing reform package that he sponsored, which passed the Alabama Legislature in 2016. With a class D offense, there is no prison time.

In Sean Worsley’s case, the arresting officer in Gordo determined that the marijuana was not for personal use and thus charged Sean with a Class C offense. The arresting officer is no longer with the Gordo police department.

Ward told APR that out of the 23,000 inmates in the Alabama Correctional system, there are only 60 or 70 there just for marijuana offenses.

“They got arrested for a whole truckload, semi-truckloads even, for trafficking,” Ward said, not the small amount that Worsley will lose five years of freedom over.

Ward said that the state passed sentencing reform in 2016 so that things like this could not happen, but there was a lag time between passage and implementation, so Worsley was likely charged under the pre-reform standards.

Chey Garrigan, the executive director of Alabama Cannabis Industry Association, said the non-profit advocacy group is fighting to change Alabama’s marijuana laws so that medical marijuana is legal in this state and so that travelers like Sean Worsley don’t have to fear long incarcerations for amounts of marijuana that would be legal in 33 states.

“The Alabama Cannabis Industry Association, is extremely passionate about working with policymakers to bring about a necessary compassion for social justice,” Garrigan told APR.

The Alabama Senate has passed medical marijuana bills, sponsored by Sen. Tim Melson, R-Florence, in both 2019 and 2020, but the bills have never come before the Alabama House of Representatives for a vote.

This year the legislative session was interrupted by the coronavirus crisis before the House could consider the Senate bill.

Brandon Moseley is a senior reporter with eight and a half years at Alabama Political Reporter. You can email him at [email protected] or follow him on Facebook. Brandon is a native of Moody, Alabama, a graduate of Auburn University, and a seventh generation Alabamian.

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Congress

U.S. Rep. Bradley Byrne announces new chief of staff

Eddie Burkhalter

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U.S. Rep. Bradley Byrne

Congressman Bradley Byrne, R-Alabama, on Friday announced that Seth Morrow will serve as his chief of staff.

“As we enter the last half of 2020, my office remains busy assisting constituents and advancing our legislative priorities. I know Seth shares my focus on finishing out my term in Congress strong, and he is well prepared to move into the Chief of Staff role,” Byrne said in a statement. “My staff and I will continue working hard every day to fight for the people of Southwest Alabama and advance our conservative agenda.”

Morrow is a native of Guntersville and has worked for Byrne since June 2014, serving as deputy chief of staff and communications director. 

“I am grateful for this opportunity, and I’m committed to ensuring our office maintains our first class service to the people of Southwest Alabama. Congressman Byrne has always had the hardest working team on Capitol Hill, and I know we will keep that tradition going,” Morrow said in a statement.

Morrow replaces Chad Carlough, who has held the position of Byrne’s chief of staff since March 2017. 

“Chad has very ably led our Congressional team over the last few years, and I join the people of Southwest Alabama in thanking him for his dedicated service to our state and our country,” Byrne said. 

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Congress

Voting rights activist calls for federal Department of Democracy

LaTosha Brown, a Selma native who co-founded Black Voters Matter, issued a statement saying that it is time to reimagine American democracy.

Micah Danney

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(VIA BLACK VOTERS MATTER)

The co-founder of an organization that is working to mobilize Black voters in Alabama and elsewhere used the 55th anniversary of the Voting Rights Act on Thursday to call for a new federal agency to protect voting rights nationwide.

LaTosha Brown, a Selma native who co-founded Black Voters Matter, issued a statement saying that it is time to reimagine American democracy.

“The Voting Rights Act should be reinstated, but only as a temporary measure. I want and deserve better, as do more than 300 million of my fellow Americans,” Brown said.

The U.S. Supreme Court invalidated a key provision of the law in a 5-4 ruling in 2013, eliminating federal oversight that required jurisdictions with a history of discrimination to get approval before they changed voting rules.

“To ensure that the Voter’s Bill of Rights is enforced, we need a federal agency at the cabinet level, just like the Department of Defense,” Brown said. “A Department of Democracy would actively look at the patchwork of election systems across the 50 states and territories. With federal oversight, our nation can finally fix the lack of state accountability that currently prevails for failure to ensure our democratic right to vote.”

She cited excessively long lines, poll site closings and voter ID laws in the recent primaries in Wisconsin, Georgia, Kentucky and Texas as voter suppression techniques that disproportionately affect Black and other communities of color.

Brown said that the July 17 passing of Rep. John Lewis, who was nearly killed marching for voting rights in Selma in 1965, has amplified calls for the Voting Rights Act to be strengthened. That’s the right direction, she said, but it isn’t enough.

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“History happens in cycles, and we are in a particularly intense one. We have been fighting for the soul of democracy, kicking and screaming and marching and protesting its erosion for decades,” Brown said.

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Congress

Negotiations on a bipartisan coronavirus relief bill appear to have broken down

Brandon Moseley

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The United States Capitol Building (STOCK PHOTO)

Both parties in Congress and the White House hoped to have agreement on a bipartisan coronavirus relief bill, but those hopes appear to have been dashed after a Thursday night meeting at the White House.

The Washington Post reports that the White House and Democrats failed to reach an agreement late Thursday night on the fifth virus relief bill. White House officials and Democratic leaders ended a three-hour negotiation with no agreement and both sides far apart on basic issues.

House Speaker Nancy Pelosi, D-California, has insisted on a $3.4 trillion package. The White House wants a $1 trillion relief package.

“We’re still a considerable amount apart,” said White House chief of staff Mark Meadows after emerging from the meeting with Pelosi, Senate Minority Leader Chuck Schumer, D-New York, and Treasury Secretary Steven Mnuchin. Trump was called into the meeting several times, but they were unable to resolve key issues.

Pelosi said that the meeting was “consequential,” but blamed Republicans for the breakdown in negotiations.

“They didn’t take the virus seriously in the beginning, they’re not taking the consequences of the virus seriously at this time, and that’s why it’s hard to come to terms,” Pelosi said.

Mnuchin said that if the administration decides that further negotiations are futile, Trump would move ahead unilaterally with executive orders to address things like unemployment aid. Schumer said Democrats were “very disappointed” in how the meeting went and that any White House executive orders could be challenged in court.

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Pelosi claimed that Meadows pounded the table at one point. Meadows denies the allegation.

“We are very far apart,” Pelosi said. “It’s most unfortunate.”

Over 30 million unemployed Americans will see their unemployment checks dramatically cut next week without an extension of benefits. Trump has suggested that he could increase the benefits through unilateral executive action. Critics suggest that would be unconstitutional.

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Democrats want about $1 trillion in aid for cities and states, but Trump has dismissed that demand as a “bailout” for mismanaged states and has agreed to just $150 billion in aid for states.

Meadows said that the White House has agreed to go above $1 trillion, but that Democrats still have refused to go below $3.4 trillion. Democrats are also pushing for more money for food stamps, child care and the U.S. Postal Service as part of the plan. All of this would be paid with more deficit spending.

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Corruption

Arrest warrant issued for Rep. Will Dismukes for felony theft

Dismukes is charged with first-degree theft of property in connection with a theft that occurred at his place of employment between the years 2016 to 2018.

Eddie Burkhalter

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Alabama State Rep. Will Dismukes, R-Prattville, has been accused of theft of property, a Class B felony. (WSFA)

An arrest warrant has been issued for Alabama State Rep. Will Dismukes, R-Prattville, for felony theft from a business where he worked, Montgomery County District Attorney Daryl Bailey said Thursday.

Dismukes is charged with first-degree theft of property in connection with a theft that occurred at his place of employment between the years 2016 to 2018, Bailey said during a press conference.

Bailey said the charge is a Class B felony and levied when a person steals in excess of $2,500 and that “I will tell you that the alleged amount is a lot more than that.” 

“The warrant has just been signed, his attorney has been notified and we are giving him until late this afternoon to turn himself in,” Bailey said.

Bailey said the employer contacted the district attorney’s office with a complaint about the theft on May 20, and after reviewing bank records and interviewing witnesses, the decision was made to charge Dismukes with the theft. 

WSFA reported Thursday that the theft occurred at Dismukes’ former employer, Weiss Commercial Flooring Inc. in East Montgomery. Bailey did not provide any more specifics on the charge but said the employer signed the arrest warrant after countless hours of investigation on the part of the DA’s office.

While the charge stems from a complaint filed months ago, Dismukes been in the headlines recently and faced a torrent of calls for his resignation in recent weeks after posting to Facebook an image of himself attending a birthday celebration for the first grand wizard of the Ku Klux Klan, Nathan Bedford Forrest.

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The event was hosted by an individual with close ties to the League of the South, a hate group, according to the Southern Poverty Law Center.

In response, Dismukes stepped down from his post as a pastor at an Autauga County Baptist church but defiantly refused to step down from the Legislature.

If convicted of the felony, Dismukes would be immediately removed from his seat in the Alabama House, to which he was elected in 2018.

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In June, the Alabama Democratic Party called for his resignation over previous social media posts glorifying the Confederacy.

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