Thursday, September 26, 2013

Serious Charges, But A Lifetime Stigma.

"The long-term effect is he has a charge of rape on his record, even though it was dismissed, there is no expungement (judicial record-clearing) in Alabama, so it is really unfortunate for that reason and he'll have to overcome that." 

The sad truth of the state of Alabama, please read the story of three men.





FLORENCE, Alabama -- The three men exonerated by a Lauderdale County grand jury late last week of first-degree rape charges -- stemming from an incident at the University of North Alabama in March -- are looking forward to a return to normal life, their attorneys said today.
The three men, a former UNA student D'Anthony Byrd, 19; Eddrick Harris, 19, a former UNA football player and DeAndre Harrison, 20, who is on the UNA football team, testified before the grand jury last week, along with the alleged victim and a police investigator, said Lauderdale County District Attorney Chris Connolly.
"We fairly presented the case to the grand jury and allowed the defendants an opportunity to testify," Connolly said. "We wanted the grand jury to make the call and they did that."
The three men were arrested after a woman reported she was raped in a campus dorm in March. Byrd was not a student at the time. Harris and Harrison were kicked out of school, but later reinstated, after a student disciplinary board review.
Harrison was allowed to practice with the team, but not allowed to play until his case was resolved, his attorney Heath Tousdale said. Tousdale said the defense's own investigation corroborated Harrison's story that he had consensual sex with the victim. Tousdale said the accuser didn't know the men, but she approached them and went to a dorm room with them. He said the investigation found that after the event the woman was seen on a videotape laughing and discussing what had happened.
Later that evening she was acting strangely, Tousdale said, and her friends to her to the emergency room, police were then called. Tousdale said the allegation was that she was too intoxicated to consent and that she may have been slipped a drug, but no evidence supported the drugging claim.
"This was probably a little poorly handled by the UNA investigation team," Tousdale said. "Unfortunately these guys had to go through this. (Harrison) didn't get to play in first few games because of it. He's a really good kid, good grades, good citizen. It's a great feeling or him that he has gotten this off his shoulders.
"He is certainly excited that the truth came out."
Tousdale, Harris' attorney Tony Hughes and Byrd's attorney Dane Perry all pointed that even though the men have been cleared of the charges, they will carry a first-degree rape arrest on their records.
"The long-term effect is he has a charge of rape on his record, even though it was dismissed, there is no expungement (judicial record-clearing) in Alabama, so it is really unfortunate for that reason and he'll have to overcome that."
Hughes said Harris had a difficult time after the charges were filed and eventually left school, losing his scholarship in the process. He said with the grand jury's clearing of his name, Harris is seeking to have his scholarship reinstated and return to UNA in the classroom and on the football field.
"He's started the readmission process," Hughes said. "He's talking with the coaches to see if he can still have a scholarship offered back to him. He's had offers from other places to play and get a scholarship but UNA is his love, he wants to go to UNA."
Byrd's attorney Perry said his client was very happy to receive his call Friday night with the news that the grand jury had rejected the case against him.
"His plans right now are kind of uncertain," Perry said. "Track is his love and he helped out the Muscle Shoals track team, but once this came out they banned him from campus. He's going to try and get back to that, helping out. Eventually he wants to go back (to UNA)."

Saturday, September 21, 2013

Are You Serious?

Mobile, AL -
Today good news for a University of South Alabama student and Iraqi War vet who’s been battling his way through a maze of bureaucracy and lack of common sense.
When John Campbell got back from class today to his home in Prichard, there was his car.
Bay City Towing brought it there for free and gave Campbell $125 to help with repairs.
Just one of the many acts of generosity Campbell’s received from News 5 viewers during his ordeal.
“I was really surprised,” said Campbell.  “I appreciate everybody that came together to help me.”
The best news came from District Attorney Ashley Rich after News 5 brought Campbell’s story to her attention.
“As soon as (heard about the case), I had an assistant district attorney file a motion to null proc the case and take it  immediately down to Judge Hardesty and Judge Hardesty signed it so there are no charges pending against him,” said Rich.
Campbell was arrested September 3rd and charged with a felony, even though the car was registered and tagged in his name. The problem was that the car was reported stolen in Prichard years ago, and even though that eventually got cleared up, the case wasn't’t taken out of the system.
“I can only apologize that he got caught up in the system because people many years ago didn’t do their job,” said Rich.
Rich says it’s inexcusable that USA and Prichard Police wouldn’t let Campbell even get his lap top and school work out of the car for 13 days causing him to fall behind in his studies.
“There are a lot of balls that got dropped in this case,” said Rich.
“Over the weekend I’ll be doing a whole lot of making up and thru the week but I’ll be able to handle it and catch up,” said Campbell.
Campbell says during his arrest, USA Officer Tevis Austin pointed his gun at him. USA says Officer Austin only “unholstered” his weapon. Last fall, Austin shot and killed naked freshman Gil Collar on campus. He was cleared of criminal wrong doing and returned to work
Campbell still has a couple of legal loose ends to tie up. First, he’ll need to file a motion to get his arrest expunged from his record. The D.A. says her office will help with that. Second, he’ll have to contact the Sheriff’s Office and his bail bondsman to see if he can get back the $750 he had to pay to get out of jail.
And, if and when he ever gets some free time, Campbell knows what he’ll be doing
  
“6-8 months I can get it where I want it to be.”
He plans to fully restore the 1977 Lincoln Continental to its original grandeur

Glad to see the D.A. helping in this manner, but unfortunately Alabama has no true expungement measure. This is a key reason a solid expungement measure is needed.

Thursday, September 19, 2013

2014 Senate Bill News

Great News!! 

Senator Roger Bedford has stated he will re-introduce a expungement bill for 2014 and Senator Harri Anne Smith is in the process of drafting a bill for 2014. Let's rally around these two brave individuals and support change for a balanced Alabama.

Story of Change

Please read the story from a new member of the movement.


"I'm apart of the expungement Alabama movement. We were advised to contact our local legislators about the concept of changing laws concerning ex felons. I am an ex felon. My crime was committed in 2003. I was 18 years of ages at the time, and it was my first offense. I was denied youthful offender. Since then I served my time and was released in 2006. I completed my 2 year probationary period with no new offenses or misconduct. I graduated from Fortis college, with my certification in Emergency Medical Technician. I'm currently working as a mental health worker for Jefferson County. But my past plagues me from moving forward with my future. I was young and made a mistake that haunts me from moving forward with a career and life. So I'm writing you to ask that this change be considered for people with theses same circumstances. What's the point in having a corrections system, if society still views that person with a negative perspective for life. There is no way to move forward in Alabama with a conviction record that lingers to place you in a category which there seems to be no escape from. So please help this movement move forward."

Please Read!!

This story is a prime example of way expungement is needed. This young man's mother shared his story in our comment section and it's heartbreaking. Please share stories, sign the petition, and contact your representatives. Remember, they are suppose to work for us, not against us.

"I HAVE A PRIME EXAMPLE FOR YOU, THIS IS BALDWIN COUNTY ALABAMA, I WAS MARRIED TO A MAN THAT MY SON SHARES HIS NAME SAKE. THE MAN WAS ARRESTED SEVERAL TIMES DURING OUR 25 YEAR MARRIAGE, FOR POSSESSION OF DRUGS, AND ALCOHOL RELATED ISSUES, AT THE TIME OF ALL OF THIS MY SON WAS A CHILD, RANGING IN AGE 10 TO PRETEEN. MY SON WAS ARRESTED FOR MINOR IN POSSESSION OF ALCOHOL AROUND HIS 19TH BIRTHDAY, LONG STORY SHORT, HE WAS BOOKED IN UNDER HIS DAD'S RECORD AND ALL OF HIS PRIORS WERE LINKED TO THIS ARREST, AND THEY ARE NUMEROUS, NOT EVERYONE WILL TAKE THE TIME TO LOOK AT THE DATES OF ARREST, ALL THEY SEE IS HIS PICTURE AND ALL OF THE CHARGES, AND I AM HERE TO TELL YOU THIS CAN AND WILL DESTROY A PERSONS REPUTATION WITHOUT ANY CARE FROM ANYONE THAT HAS THE AUTHORITY TO KEEP THIS SORT OF THING FROM HAPPENING TO PEOPLE, THE TREATMENT OF CITIZENS IN BALDWIN COUNTY IS UNJUST WITHOUT REGARD TO A PERSONS REPUTATION, NO MONEY???...NO VOICE!!!"

Monday, September 16, 2013

We need expungement

am asking for your help in raising public awareness of Alabama Expungement. I and many others need these bills to pass so we will have a fair standing. Unlike our neighboring states, Alabama has no provision for expunging the proceedings against a person once he is exonerated of a criminal charge. This might not have mattered 10 years ago, but the digital age puts information on the desktops of anyone who wants it. When competing for jobs, the notation of a criminal proceeding -- even if you're not guilty -- is an unjust encumbrance.

"In 2006, such a notation closed several doors for me in the financial services area. In 2007, it took me out of the running for a federal job. And, last month, I was deferred by the U.S. Department of Commerce. In the most recent case, I received a letter saying there was a "potential" criminal match, and though I was given the opportunity to submit court documentation, this takes time, and a deferral may translate to a denial depending on the hiring timetable. The Senate passed its bill on April 6, but the House has not acted on its bill since it emerged from committee in January. This legislation passed both chambers in the 2009 session, only to be pocket vetoed by Gov. Bob Riley. It looks as though we are headed for a repeat of the 2008 legislative session, when legislation passed one chamber only to be buried under a budget filibuster in the other. This is the sixth year the bill has been introduced by state Rep. Chris England, himself a former county prosecutor. With only four legislative days left in the current session, I'm looking to you for help."

John M. Woodruff
Pelham

Friday, September 13, 2013

Alabama Senator Harri Anne Smith Bill Support

Received a response from Senator Harri Anne Smith. She is on board with the fight for fairness in Alabama and is drafting a bill. Continue to call and e-mail legislators to help get expungement in Alabama.

"I want you to know how right you are.  I am having a Bill drafted to introduce in the Senate this coming session.  I like you believe that when you have paid your debt to society that it is paid and should not follow you the rest of your life. 
I am working with The Dothan Area Chamber of Commerce Workforce Development Director on this piece of legislation because it is a Workforce Development issue.  I am very glad that my Chamber of Commerce recognizes this as an issue that is important to the area I serve and the people that I represent and serve.  I will send you a copy of the draft as soon as I have it ready.  I am the only Independent State Senator in the Senate and hope that there will be more interest in this issue this session.  Thank you for all you have done to bring this issue to light.  It is important to Alabama Families."
Harri Anne Smith