Montgomery – Attorney General Luther Strange welcomed Federal Judge Callie Granade’s decision Sunday night to grant a 14-day stay in her January 23, 2015, order enjoining the Attorney General from enforcing Alabama’s laws prohibiting same-sex marriage.
“Judge Granade’s decision to grant a stay of her January 23, 2015, ruling concerning Alabama’s ban on same-sex marriages is a step in the right direction,” said Attorney General Luther Strange. “While I would have preferred a longer stay to allow the matter to be settled by the U.S. Supreme Court’s anticipated ruling in June, the 14-day stay allows more time for my office to prepare our stay request to the 11th Circuit Court while also affording the public time to resolve the confusion over the impact of the recent ruling.”

AG Strange Announces Indictments in Multi-State Credit Card Fraud Scheme

MONTGOMERY)–Attorney General Luther Strange announced the arrests yesterday of two North Alabama men on felony charges in a multi-state credit card fraud scheme.  Jonathan William Sharpton, 31, of Colbert County and Barry Gene Holder, 53, of Lauderdale County were indicted on charges of first-degree theft of property, fraudulent use of a credit card, identity theft, and conspiracy to commit identity theft.
Attorney General Strange’s Office presented evidence to an Elmore County grand jury on January 8 resulting in Sharpton’s and Holder’s indictments**. Specifically, the indictments charge the two men with:
·         One count of first-degree theft of property by knowingly obtaining, by  deception, a credit card valued at more than $2,500 with the intent to deprive the owner of said property
·         One count of fraudulent use of a credit card to obtain property or service with the knowledge that the card was stolen, had been cancelled or revoked, or without authorization from the owner of such card
·         One count of identity theft to obtain goods or services through the use of identifying information of the victim, without authorization, consent, or permission of the victim, and with the intent to defraud for his own benefit or the benefit of a third person
·         One count of conspiracy to commit identity theft in agreement with one or more persons to obtain goods or services through the use of the credit card number of the victim without the authorization, consent or permission of the victim, and with the intent to defraud
If convicted, Sharpton and Holder face a maximum penalty of two to 20 years imprisonment and fines of up to $30,000 for each of the counts of first-degree theft and identity theft, which are class B felonies; and one to 10 years imprisonment and fines of up to $15,000 for each of the counts of fraudulent use of a credit card and conspiracy to commit identity theft, which are class C felonies.
Sharpton allegedly committed the crimes while he was incarcerated in the Elmore County Detention Facility. He currently is incarcerated in the Limestone Correctional Facility.  Holder is being held at the Elmore County Jail.  No trial date has been set at this time.
No further information about the investigation or about the alleged crimes may be released at this time.
Attorney General Strange commended those who are handling this case, noting in particular Assistant Attorney General John Hensley of the Attorney General’s Criminal Trials Division, Special Agents of the Attorney General’s Investigations Division, and the Sheffield Police Department.

Conspirators in Gulf Oil-Spill Fund Fraud Sentenced

BIRMINGHAM – A federal judge has sentenced three south Alabama family members to prison for running a scheme to steal more than $3 million from the claims fund established by British Petroleum for victims of the 2010 Deepwater Horizon oil spill, announced U.S. Attorney Joyce White Vance and FBI Special Agent in Charge Roger C. Stanton.
U.S. District Judge Sharon Lovelace Blackburn sentenced Marcella Truss, 53, to 12 years and one month in prison. The judge also ordered Truss to pay $1.9 million in restitution and to forfeit that same amount as proceeds of illegal activity. Judge Blackburn sentenced Truss’ husband, Martee Davis, 42, to 13 years and three months in prison. The judge ordered Davis to be responsible for the same restitution and forfeiture as Truss. Judge Blackburn sentenced Truss’ brother, Howard Lenard Carroway, 42, to 8 years in prison. Truss and Davis lived in Grand Bay, Ala., and Birmingham, and Carroway lived in Mobile during the course of the scheme.
The overall conspiracy involved the filing of more than 50 fraudulent claims, in the names of 37 people, over about 18 months with the Gulf Coast Claims Facility, according to the government’s sentencing memoranda for the three defendants. The conspirators executed their scheme by wire, mail and in person in three states, spanning four jurisdictions, according to the government. The scheme involved the repetitive and coordinated use of emails, phones, and a variety of falsified documents, including tax and payroll records.
“Stealing money intended to help disaster victims recover is a serious and heartless crime, as today’s sentences reflect,” Vance said. “These defendants saw a disaster that blackened and fouled the Gulf of Mexico, spoiled much of its coastline and damaged or destroyed the livelihoods of thousands of people, and they chose to exploit the tragedy for their own criminal profit. We place a high priority on investigating and prosecuting such fraud to ensure that funds available to help victims of natural and man-made disasters do not fall into the hands of criminals,” she said.
“Relief funds meant to assist individuals, businesses and communities are essential in order to restore normalcy after a disaster,” Stanton said. “This process is hampered by those few, like today’s defendants, who wish to defraud and siphon relief and disaster funds away from those who are most at need. The FBI, along with its law enforcement partners, will continue to investigate and bring to justice those who defraud the government for their own personal gain,” he said.
A federal jury in October found Truss, Davis and Carroway guilty of conspiracy to commit wire and mail fraud between August 2010 and December 2011 for filing false claims with BP Gulf Coast fund. Evidence at trial showed the oil spill fund paid almost $2 million on the fraudulent claims. The jury also convicted the trio of aggravated identity theft in carrying out the scheme.
The jury further found Truss guilty on 31 counts of wire fraud for submitting, or causing to be submitted, false claims to the GCCF, and on one count of mail fraud related to a check received as part of the scheme. It convicted Davis on three wire fraud counts.
The jury convicted Truss and Davis of laundering money stolen from the GCCF. It found Carroway guilty on five wire fraud counts and on two counts of obstructing justice for telling recruits in the scheme to lie to prosecutors.
BP owned the Macondo Oil Well where the Deepwater Horizon drilling rig exploded in 2010. The company established the GCCF in June 2010 to administer and settle claims made against it by individuals or business for losses, damages or other costs resulting from the massive oil spill.
Truss, Davis and Carroway originally were charged along with two other people, Truss’ son, Robert Truss III, 26, of Houston, and Cedric Dion Ravizee, 37, of Birmingham. Robert Truss pleaded guilty last year  to conspiracy, money laundering, wire fraud and mail fraud, and Ravizee pleaded guilty to one count of wire fraud.
In total, 20 people have been convicted in the Northern District of Alabama on charges related to the scheme to defraud the GCCF. Marcella and Robert Truss, Davis and Carroway recruited the 16 other defendants to provide personal information that was used to file false claims. Those recruited then received claim payments and provided a portion of the payments to the ringleaders. The 17 remaining defendants in the fraud are to be sentenced this week.
All of the fraudulent claims submitted to the GCCF falsely stated that the individual had worked for a company called Built by Request and had lost wages because of the Deepwater Horizon incident. Marcella Truss owned BBR and dissolved the company after the scheme played out.
The FBI investigated this case. Assistant U.S. Attorneys Henry Cornelius, Jacquelyn M. Hutzell and Xavier O. Carter are prosecuting the case.

The Birmingham Police Department reports that detectives have arrested and charged a suspect in connection with a homicide investigation. The incident occurred Thursday, January 15, 2015 in the 1600 Block of 3rd Ave. West (Birmingham Inn).

The victim has been identified as:
Lucretia Rachel, B/F, 45, of Birmingham, Alabama

The suspect has been identified as:
Johnny Coach, B/M, 50, of Birmingham, Alabama. A Murder warrant with a $75,000 bond has been obtained against the suspect. The suspect is in the custody of the Jefferson County Jail.

The investigation revealed the victim was killed by strangulation.

If there is anyone who has additional information pertaining to this case, they are encouraged to contact the B.P.D. Homicide Unit @ 254-1764 or Crime Stoppers @ 254-7777.

Homicide Investigation

The Birmingham Police Department reports that detectives are conducting a homicide investigation. The incident occurred Monday, January 26, 2015 at 34th Street North and 33rd Avenue North.

The identity of the victim will be released upon notification of immediate family.

On Monday, January 26, 2015 North Precinct officers were dispatched to the listed location on a person shot. Upon arrival, officers found the victim lying on his back in a pool of blood with what appeared to be a gunshot wound to his right leg.  Officers observed a trail of blood going down the street for about eight yards. The victim was pronounced deceased at the scene by Birmingham Fire and Rescue.

Our investigation revealed that the victim was being chased by a white colored four door vehicle. Additional information will be released as it becomes available. Detectives are investigating the death as a homicide.

If there is anyone who has information pertaining to the case, they are encouraged to contact the B.P.D. Homicide Unit @ 254-1764 or Crime Stoppers @ 254-7777.

Bessemer Mayor Kenneth E. Gulley presented the state of the city address at the Bessemer Civic Center on Jan. 26, highlighting economic growth and reductions in crime during his speech.
Gulley, who won a second term in August, said the city of 27,000 continues to see a surge of business growth.
Milo’s Tea announced plans for a $13 million expansion last year. J.B. Processing, a new company, announced it was preparing to start a $35 million expansion of the Masonry Arts Facility on Third Avenue North and 21st Street in Bessemer.
The city welcomed Steyr Arms and new ownership at Alabama Splash Adventure in 2014.
Gulley said the growth in business and industry is bringing jobs to the city.
The mayor added that Bessemer’s recent string of business growth and announcements is far from ending.
“We continue to hear from business interest eyeing Bessemer as a place to locate,” Gulley said. “And we believe more interest will come because of our aggressive recruitment and our unique location and what we have to offer.”
Two of the city’s large municipal projects are progressing, Gulley said. The new 55,000-square foot Recreational facility is currently under construction. The $13 million project is expected to be completed in Spring 2016.
Construction on a new City Hall building is expected to start this spring.
“Bessemer is thriving,” he said. “Good things are happening here and our future is truly bright.”
Gulley highlighted a continued drop in Bessemer’s crime rate. The city saw a 5 percent drop in its crime rate in 2014. It marks the fourth consecutive year the city saw a drop in its crime rate. Overall, crime is down 30 percent since 2011.
Gulley said there were fewer homicides, burglaries and vehicle thefts in Bessemer compared to when his administration took office.
“We continue to make great strides in combating crime in our city, but we also are aware that much work lies ahead,” he said.
The police department opened a new South Precinct in the Tannehill Promenade Shopping Center to improve visibility in that area and speed response times to neighborhoods such as Carriage Hills and the Greenwood community. It also plans to purchase new vehicles and body cameras, Gulley said.
Gulley said he wants to continue to make sure municipal employees are compensated among the top in the county in order to keep experienced employees in the city. The city has approved raises totaling 9 percent over the past three years for all city employees and approved bonuses for retirees.
He also highlighted the ability to purchase new equipment for city departments.
The city was struck by an EF2 tornado in April 2014. Gulley said the city’s strong finances helped it recover quickly from the storm.
The city was also able to provide cost-of-living increases to city employees because of its strong financial positions.
“The city’s finances continue to be strong,” Gulley said. “This year we were again able to provide 3 percent cost-of-living increases to all of our city employees. This marks an overall increase of 9 percent over the last three years. We were also able to give our retirees a much-deserved bonus.
Our city finances are strong because of the fiscal responsibility of this mayor and council.”
The city will continue efforts to combat blight and is working on a study to address flooding in the Pipe Shop community, he said. A $1.3 million paving project has been approved for city streets in addition to almost $5 million secured for various road projects through the state’s ATRIP program.

Federal trial challenging use of Pepper Spray in Birmingham City Schools

On January 23, Federal District Court Judge Abdul Kallon heard additional testimony from witnesses in J.W. et al. v. A.C. Roper on the use of Freeze +P chemical spray in Birmingham City Schools.
B.J., a former Jackson-Olin High school student, described the time when he was maced in 2009 as unwarranted and unreasonable.
Birmingham Chief of Police A.C. Roper was also questioned about the use of chemical spray in Birmingham City Schools and training for school resource officers.
“This week, the Court heard from all eight plaintiffs in this case about their experience being maced in Birmingham City Schools,” said Ebony Howard, senior staff attorney for the Southern Poverty Law Center. “It was truly empowering for these former students to be able to step forward and call out this injustice in front of the officers who sprayed them with mace while attending school.”
The trial continued on Monday, January 26 at 9 a.m. with two expert witnesses. Dr. Daphne Glindmeyer, a psychiatrist, who testified about the psychological effects of pepper spray on students in school environments. Chief Daniel Coulombe, a law enforcement expert, was to discuss the appropriate use of chemical spray in schools, as well as proper decontamination procedures.
The federal lawsuit, brought by the Southern Poverty Law Center in 2010 on behalf of current and future Birmingham City Schools students, argues the use of pepper spray to enforce basic school discipline violates students’ Fourth and Fourteenth Amendments rights.

The Southern Poverty Law Center, based in Alabama with offices in Florida, Georgia, Louisiana and Mississippi, is a nonprofit civil rights organization dedicated to fighting hate and bigotry, and to seeking justice for the most vulnerable members of society. For more information, see www.splcenter.org.

Dr. Cathy Randall and Anthony A. “A.J.” Joseph have been elected to the Board of Directors of Alabama Power.
Dr. Randall is Chairman of the Board of Tuscaloosa-based Pettus Randall Holdings LLC and former Chairman of the Board of Randall Publishing Company. Mr. Joseph is an attorney and shareholder with Birmingham-based Maynard Cooper & Gale.
“We are proud and honored to welcome Dr. Randall and Mr. Joseph to our board,” said Alabama Power Chairman, President and CEO Mark Crosswhite. “They each bring a lifetime of excellence and integrity to our company. They are leaders in their fields and highly respected by their peers.”
Dr. Randall is a former director of the University Honors Programs at the University of Alabama, where she earned two Ph.D. degrees. She was named one of the university’s top 31 women graduates of the 20th century and currently chairs the prestigious Alabama Academy of Honor, whose membership is limited to 100 outstanding living Alabamians. Prior to her work at the university, Dr. Randall was a news anchor at then-CBS affiliate WCFT-TV.
Mr. Joseph was born and raised in Birmingham. He began his legal career in 1980 as an Assistant District Attorney for Jefferson County in the Bessemer office. He then joined the FBI as a Special Agent, working in Birmingham, St. Louis and Philadelphia. In 1986 he returned to Birmingham, where he served as an Assistant U.S. Attorney. He later joined the firm of Johnston Barton Proctor & Powell.
Dr. Randall and Mr. Joseph have extensive records of community service.
Mr. Joseph served as 2013-14 President of the Alabama State Bar (ASB) and 2007 President of the Birmingham Bar Association. He also has served as Chair of the American Bar Association Criminal Justice Section and on the ASB Executive Committee. He is a former president of the Legal Aid Society of Birmingham and has served on the boards of directors for Advent Episcopal School, Homewood City Schools Foundation, the Downtown Birmingham YMCA, the Alabama Center for Law and Civic Education, and Big Brothers Big Sisters of Greater Birmingham, among other organizations.
Dr. Randall recently joined the U.S. Presidential Scholars board and the board of Alabama Heritage magazine. She has served as national president of Mortar Board Inc., and president of the boards of directors of the American Village and Alabama Women’s Hall of Fame. She also has served as director of Alabama Girls State. She is a member of the boards of directors of Mercedes Benz U.S. International, the Alabama Archives and History Foundation and the David Mathews Center for Civic Life.
Dr. Randall is the widow of H. Pettus Randall III and the proud mother of three: Jaynie Randall Lilley, Kate Randall Danella and H. Pettus Randall IV.
Mr. Joseph and his wife Cassandra have three sons: Kevin Joseph, Justin Joseph and Aaron Joseph.

Alabama Power, a subsidiary of Atlanta-based Southern Company (NYSE:SO), provides reliable, affordable electricity to more than 1.4 million customers across the state.

Our community is facing a frightening crisis involving the health and fitness of our youth. Alabama ranks second in obesity in our country. Our FCCLA Chapter has decided it is time to do something to address this critical issue. We decided on our project, “Wild Out Wednesday – Shake Up Your Health and Fitness.” The program would be set up to accommodate 50 high school students at Wenonah High School with plans for other sessions throughout the year. Plans were to have two stations on fitness and one station related to healthy eating. Students would rotate to each station. Chapter members planned to teach fitness through exercising with the YMCA and dance. One station focused on the national program, “Choose Your Plate” and taught the students the importance of eating healthy. A nutritious snack was also served to the students.
“Wild Out Wednesday” was a huge success. The students had fun learning about fitness and healthy eating. Information sheets were given to the students to take home and share with their parents. Evaluation sessions with the classes were planned following the project.
This project was also a great way to get the positive message out about FCCLA and family and consumer sciences. “Wild Out Wednesday” was a positive experience for students, teachers, FCCLA members and the community.

Pastor John B. Norman, Jr.  was recently honored with street renaming ceremonies held Sunday January 18th, at Rivers of the Living Waters Faith Church. Pastor John B. Norman, Jr. has served faithfully for  38 years in the West End community.

BIRMINGHAM, ALA. – Birmingham’s historic Ramsay High School, which sits atop Red Mountain and has been a key part of the city’s educational foundation for decades, now has an established Alumni Association to further the academic and social advancement of the students and the school. Graduates from around the globe are being sought to become a part of the association.
For more information on working with or contributing to the Ramsay Alumni Foundation or becoming a part of the Ramsay High School alumni association email ramsayhsaa@gmail.com or contact Daniel Walker at (770) 617-5224.

During the Birmingham City Council meeting on January 27, 2015 Council:

Approved an Ordinance “TO FURTHER AMEND CAPITAL FUND BUDGET” for the fiscal year ending June 30, 2015 by appropriating $10,000,000.00 to Freedom Center.

Cliff Notes
Did this Item Pass? Approved 7-1 vote
What purpose will this item serve? Anytime a budget is amended, changes are made
in the amount of money allocated for specific items. Changes can be either transferring money to projects such as the Freedom Center or amending the budget to fit the current needs of special Economic Development projects. The Mayor can authorize the amendment at the approval of the Birmingham City Council. The $10,000,000.00 allocated will be used to begin the process of renovation at the A.G. Gaston Motel.
Next steps: A funding agreement will be voted to be executed to begin the building
process.
For more information please contact the Office of the Mayor at 205.254.2771.

Status of other items approved by the Council at today’s meeting include the
following:

1. Approved an Ordinance authorizing the Mayor to execute (1) a Funding
Agreement with The Historical Preservation Authority of the City of
Birmingham under which the City will provide funding in the amount of
$10,000,000 to the Authority and in-kind services for the development of a
project to include a building to be known as the “Freedom Center” located within
the block bounded by 5th and 6th Avenues North and 15th and 16th Streets
North, which will house a public policy institute and will provide and promote
research, educational and outreach activities which focus on the extension of
human and civil rights around the world, the addition of archive space for the Civil
Rights Institute and the renovation of the A. G. Gaston Motel, and (2) a Ground
Lease with the Authority under which the City will lease the property to the
Authority for a term of 20 years at an annual rental of $1.00 per year.
Cliff Notes
Did this item pass? Approved 7-1 vote
What purpose will this item serve? The Historical Preservation Authority of the City of Birmingham will serve as an extension of the Civil Rights memoirs used for educational and outreach activities, administer and promote research in efforts to focus on the extension of human and civil rights around the world.
Next Steps: Once funding is in place groundbreaking dates will be set and announced at the discretion of the Mayor.
For more information please contact the Office of the
Mayor at 205.254.2771.

2. Referred to the Public Safety Committee a Resolution approving the agreement
with Edwin M. Moyo, M.D., Birmingham, AL, in an amount not to exceed
$100,000.00/annually, to provide professional medical care, evaluations and
treatment to inmates incarcerated in the Birmingham City Jail, for a term of
approximately two (2) years, February 1, 2015 through December 31, 2016 and
authorizing the Mayor to execute the agreement on behalf of the City.
Cliff Notes
Did this item pass? Voted unanimously to Refer
What purpose will this item serve? Edwin M. Moyo, M.D., was selected as the
physician for medical care, screenings and necessary treatment to those incarcerated at the Birmingham City Jail. He will serve in this capacity for approximately (2) years. This resolution will authorize the Mayor to move forward with the full agreement and hire Dr. Moyo on behalf of the City of Birmingham.
Next Steps: Once the Public Safety Committee addresses the contract, this item will
come back before the Birmingham City Council to be approved. Once the agreement is approved, Dr. Moyo can begin his service term.
For more information please contact the Office of the Mayor at 205.254.2771.

3. Approved a Resolution accepting the lump sum bid of Nineteen Thousand Two
Hundred and 00/100 Dollars ($19,200.00) of H & M Mechanical, Inc., 3100
Richard Arrington Jr. Boulevard, North Birmingham, AL 35203, for the East
Pinson Valley Recreation Center Rooftop Unit Replacement located at 3000
Jefferson State Parkway, Birmingham, Alabama 35215, received by the
Department of Planning, Engineering and Permits on Friday, December 19,
2014, be and the same is hereby accepted, this being the lowest and best bid
submitted.
Cliff Notes
Did this item pass? Approved on the consent agenda
What purpose will this item serve? The City of Birmingham accepts bids from
companies/vendors to provide select services as needed to build and or repair City of Birmingham facilities. The Department of Planning, Engineering and Permits
administers the bidding process under the Alabama Bid Law. The bid for the Eastern Valley Recreation Center to receive a new HVAC unit to replace the current rooftop unit was awarded to H&M Mechanical, Inc. in the amount of $19,200.00
Next Steps: H&M was the lowest bid submitted. PEP will select the date for installation.
For more information please contact the Office of the Mayor at 205.254.2771.

4. Approved a Resolution accepting the lump sum bid of Battle Miller Construction
Corporation, 586 Shades Crest Road, Birmingham, in the amount of $729,400.00
for Legion Field Renovations, this being the lowest and best bid submitted, and
authorizing the Mayor to enter into a contract with Battle Miller Construction
Corporation, in substantially the form contained within the proposal documents
and in accordance with said bid, providing that the total compensation payable
under the contract not exceed the appropriation.
Cliff Notes
Did this item pass? Approved on the consent agenda
What purpose will this item serve? The City of Birmingham accepts bids from
companies/vendors to provide select services as needed to build and or repair City of Birmingham facilities. The Department of Planning, Engineering and Permits (PEP) administers the bidding process under the Alabama Bid Law. The bid for the Legion Field renovations was awarded to Battle Miller Construction with the lowest and best bid submitted.
Next Steps: PEP will confirm a start date for renovations to begin.
For more information please contact the Office of the Mayor at 205.254.2771

Announcements and Reminders
1. The State Legislative Agenda Workshop will be held Tuesday January 27, 2015 at 2:00 p.m. at the Birmingham Crossplex.

2. The Planning and Zoning Committee Meeting will be held Tuesday January 27, 2015 at 4:00 p.m. in 5th Floor Engineering Conference Room.

3. The Health and Medical Benefits Board Meeting will be held Wednesday January 28, 2015 at 12:00 noon in Conference Rooms “D & E”.

4. The Committee of the Whole Meeting will be held Wednesday January 28, 2015 at 4:00 p.m. in Conference Rooms D&E.

Are you unable to attend the Birmingham City Council meetings? Watch Council
Meetings on demand. From anywhere in the world you can log on to
www.birminghamalcitycouncil.org and click on the tab Watch Council Meetings; or from the comfort of your home, tune to Bright House Cable Channel 340. The Birmingham City Council meetings are free and on demand.
The City of Birmingham will make reasonable accommodations to ensure that people with disabilities have equal opportunity to enjoy all city services, programs and activities.
If accommodations are required for public meetings, please contact Chiara Morrow,
Public Information Officer, with reasonable advance notice by emailing
chiara.morrow@birminghamal.gov or by calling 205-254-2055.