Santa Rosa Gets TS Debby Assistance, Nothing For Escambia
July 13, 2012
Additional assistance to aid in recovery from the impacts of Tropical Storm Debby was approved Thursday for additional counties including Santa Rosa, but not Escambia.
Public assistance provides grant assistance for debris removal and emergency protective measures. Costs for repair, replacement, or restoration of disaster-damaged, publicly-owned facilities can also be covered under Public Assistance. To date, 29 counties have been approved for public assistance.
Assistance for individuals and families has been approved in 17 counties, not including Santa Rosa or Escambia.
Supreme Court Upholds Florida’s Drug Possession Law
July 13, 2012
Florida’s drug possession statute can force those who say they didn’t know they were breaking the law to prove that or be presumed guilty, the state Supreme Court said Thursday in one of the most closely watched Florida drug cases decided in recent years.
By a 5-2 ruling, the court upheld a 2002 Florida law that says defendants busted with drugs are presumed to have known they knew what they had was illegal, and if they claim they didn’t, requires them to prove that to jurors.
In not requiring “knowledge” of the illegality of whatever they were carrying, the law puts Florida at odds with at least 48 other states that require prosecutors to convince a jury that defendants knew they were carrying illegal drugs.
Under the Florida law upheld on Thursday, the state still must prove that defendants knew they were in possession of something – prosecutors just don’t have to prove the defendant knew that it was an illegal substance. For example, if drugs are found in the trunk of a car, the state would have to prove the defendant knew they were there. But if the defendant says he thought he was buying a bag of sugar, not drugs, he’d have to prove that to jurors, who, under the law, are allowed to presume he was carrying drugs.
The high court was asked to weigh in on the case after a state circuit judge in Manatee County last year threw out 46 drug possession cases, saying they conflicted with a recent federal court opinion that found the law unconstitutional. Lower federal court decisions, however, aren’t binding on state courts. The Manatee judge’s decision, which potentially invites the reversal of thousands of other drug possession cases, was appealed directly to the state Supreme Court.
Justice Charles Canady said lawmakers made their intent clear in passing the law.
“The conduct the Legislature seeks to curtail is the sale, manufacture, delivery, or possession of a controlled substance, regardless of the defendant‘s subjective intent,” Canady wrote in the majority opinion.
Critics of the law said it violates basic federal constitutional protections and the premise that defendants are innocent until proven guilty. They also argued the law wrongly assumes that wrongful imprisonment is unlikely.
“I cannot overstate my opposition to the majority‘s opinion,” said Justice James Perry in a dissent. “In my view, it shatters bedrock constitutional principles and builds on a foundation of flawed ?common sense.”
The state court ruling, however, conflicts with a federal court opinion rendered in July that found the state law problematic.
In that ruling throwing out another conviction, U.S. District Judge Mary Scriven found the state’s possession law unconstitutional, saying defendants must know a controlled substance is illicit to be convicted of a drug offense.
“Other states have rejected such a draconian and unreasonable construction of the law that would criminalize the ‘unknowing’ possession of a controlled substance,” Scriven wrote.
Scriven’s ruling in Mackle V. Shelton v. Secretary of Corrections brought a deluge of litigation, leading to the dismissal of charges in circuits across the state.
“(Scriven’s ruling) has produced a category-five hurricane in Florida criminal practice,” Miami-Dade Circuit Judge Milton Hirsh wrote in an opinion dismissing charges against 39 cases in Miami.
But a final word on which ruling stands would have to be made by the U.S. Supreme Court because federal District Court decisions are not binding on the state Supreme Court.
Derek Byrd, president of the Florida Association of Criminal Defense Lawyers, said he expects at least one of the cases to be appealed.
“It’s disappointing,” Byrd said of the Florida court ruling.”The bedrock of criminal law has always been that there must be criminal intent.”
By The News Service of Florida
Pictured top: Marijuana and rolling papers seized during a drug search in Century. NorthEscambia.com photo, click to enlarge.
Wahoos, Chattanooga Rained Out
July 13, 2012
Heavy rain Thursday in southeastern Tennessee forced the game between the Blue Wahoos and Chattanooga Lookouts to be postponed until Friday. The two teams will wrap up the three-game set with a doubleheader beginning at 5:15 EDT at AT&T Field in Chattanooga. Both games will be seven inning contests.
The Blue Wahoos will send left-hander Tony Cingrani to the mound in game one with right-hander Mark Serrano getting the nod in game two. The starters for Chattanooga have not yet been announced.
Following the twin-bill, the Blue Wahoos will hit the pavement back to Pensacola to open a four-game set with the Jacksonville Suns on Saturday night at 6:30 p.m.
Law Would Boost Medicaid Payments To Florida Doctors
July 13, 2012
In a move aimed at getting doctors to treat more low-income patients, the federal health overhaul likely will lead to increased Medicaid payments to Florida primary-care physicians.
The federal Affordable Care Act, which was largely upheld last month by the U.S. Supreme Court, requires higher Medicaid payments to primary-care physicians in 2013 and 2014. Florida Republican lawmakers had not started moving forward with the higher payments because of their broader opposition to the act, which they deride as “Obamacare.”
Senate Health and Human Services Appropriations Chairman Joe Negron, R-Stuart, said Thursday he hopes Congress will ultimately repeal the act. But even if such a repeal happens, Negron said he supports the state increasing Medicaid payments to primary-care physicians
“It’s real simple,” Negron said. “If you pay people fairly for their work, they’re happy to take on more patients.”
The federal government would fully fund the increased payments in 2013 and 2014, though Florida would have to pick up a share of the additional costs in later years. The act would require Medicaid payments to primary-care physicians, such as family doctors and pediatricians, to mirror higher payment levels in the Medicare program.
In Florida, that could be a substantial boost for some types of doctors. As an example, Tallahassee physician Louis St. Petery, executive vice president of the Florida Pediatric Society, said pediatricians who treat Medicaid patients get paid an average of 56 percent of what Medicare would pay.
St. Petery and officials of other physician groups said the low Medicaid payment rates have deterred doctors from seeing Medicaid beneficiaries, which has created problems in patients having access to care. St. Petery said many doctors consider the higher Medicare payment levels as “the break-even rate.”
“For years, we have argued that Medicaid payment for physician services should be on par with Medicare payment,” Tim Stapleton, executive vice president of the Florida Medical Association, said in an e-mail. “The fact is that Florida physicians are paid very poorly under Medicaid. As a result, many physicians do not accept Medicaid, not because they don’t want to take care of these patients, but because they can’t afford to treat them.”
The U.S. Supreme Court’s landmark decision in late June upheld most of the Affordable Care Act, though it gave states an option about whether to go along with part of the law that would expand Medicaid eligibility to more low-income people. Gov. Rick Scott, an outspoken critic of the act, has said Florida will not expand Medicaid eligibility, at least in part because of the possibility of increased costs in the future.
But while the state appears unlikely to expand eligibility, it might have little choice about carrying out the physician-payment increases. In an e-mail to other members of the governor’s staff last week, Jane Johnson, a health-policy aide to Scott, indicated that the physician payment increases are not optional.
In response to a question Thursday about Scott’s stance on moving forward with the increases, spokesman Lane Wright said in an e-mail: “Governor Scott has stated he will comply with any part of the law that is required before January 1, but he hopes the law will be repealed before any of these other provisions go into effect.”
A Senate budget plan early this year included fine print that would have allowed the state to use $438.5 million in federal funds to increase primary-care physician payments in January 2013. But House leaders would not go along with the idea, because it was linked to the Affordable Care Act, which was under review at the Supreme Court.
With the issue being left out of the budget, it is somewhat unclear how the state could move forward with the increased physician rates in January. One possibility would be for the Legislative Budget Commission, a joint House and Senate panel that can make budget changes, to take up the issue.
The state’s costs of increasing physician payment rates also are unclear, though a January analysis indicated the cost during the 2014-15 fiscal year — the first year the state would have to pick up part of the tab — would be as much as $188.6 million.
Michelle Dahnke, a spokeswoman for the Florida Agency for Health Care Administration, said in an e-mail Thursday that the state is waiting for information from the federal government about the “impact” of the Supreme Court decision on various parts of the Affordable Care Act. She said the agency has not updated the cost estimates since January.
Regardless of the federal law, Negron said he thinks the state can find money to increase physician payments. He said, for example, that the state has increased payment levels for dentists who treat children enrolled in Medicaid. Also, a 2011 law aimed at transforming Medicaid into a statewide managed-care system includes a provision to spur higher physician payments.
“It’s about priorities,” Negron said. “And making sure our friends and neighbors on Medicaid can see a doctor is a top priority for me.”
By Jim Saunders
The News Service of Florida
Caregiver Support Meeting Scheduled
July 13, 2012
The Council on Aging of West Florida will host a Century Caregiver Support Group Meeting on Thursday, July 19 at 6 p.m.
There is no cost and the public is invited. Reservations are not required. The meeting will be held at Century Care Center located at 6020 Industrial Blvd. The group meets on the third Thursday of each month at the same time and location. County residency is not required to attend.
The support group is designed to reduce stress, increase coping skills, provide strategies for effective management of care giving tasks and enable caregivers to provide high quality care in the home. The programs are sponsored by Council on Aging of West Florida, the State of Florida Department of Elder Affairs and the Northwest Florida Area Agency on Aging. For more information, call (850) 432-1475.
Goldie J. Morris
July 13, 2012
Mrs. Goldie J. Morris, 88, passed away on July 11, 2012, in Atmore.
Mrs. Morris was a native of Burnesville, MS, a former resident of Monroeville and a resident of Atmore for most of her life. Mrs. Morris was a member of the American Legion Auxiliary and she attended Brooks Memorial Baptist Church.
Mrs. Morris was preceded in death by her husband, Grady Edward Morris and grandson David Morgan.
She is survived by one son, G. Allen (Brenda) Morris of Marietta, GA; one daughter, Sylvia Morgan (Bernard Owens) of Atmore; two brothers, Alton (Junior) Forrester and Don Forrester both of Columbia, MS; three grandchildren and five great-grandchildren.
Funeral services will be Saturday, July 14, 2012, at 1 p.m. at the Petty-Eastside Chapel Funeral Home with Rev. Dave Taylor officiating. Burial will follow at Oak Hill Cemetery.
Visitation will be Friday, July 13, 2012, from 5-8 p.m. at Petty-Eastside Chapel Funeral Home.
Pallbearers will be John Morgan, Scott Morris, Paul Gillikan, Gary Weathers, William Forrester and David Forrester.
Honorary Pallbearers will be Rebekah’s Sunday School Class.
Petty-Eastside Chapel Funeral Homes, LLC in charge of all arrangements.
Cab Driver Stabbed, Robbed
July 12, 2012
A Yellow Cab driver was robbed and stabbed earlier this morning by a man he had just picked up for transport. The incident occurred just before 6 a.m. south of Cervantes Street on L Street.
The victim, 62-year old Bill Whittaker, told Pensacola Police Officer Shawn Dockery he was dispatched to the 4100 block of Mobile Highway just after 5:30 a.m. to pick up the man. Once he got into the cab, the suspect initially told the driver to take him to A and Cervantes streets, but when they reached that area, he changed his destination to C and Cervantes streets.
Dockery said when they reached the second location, the suspect said he wanted to go to L and Cervantes streets. Whittaker was attacked when he stopped just south of Cervantes on L Street.
Dockery said the suspect, who was sitting in the back seat, put a knife to the driver’s neck and demanded cash. Whittaker then struggled with the suspect, who managed to stab him in the upper right thigh.
Whittaker then gave the suspect an undisclosed amount of cash before the suspect got out of the cab and ran west on Cervantes Street, Dockery said.
The suspect was described as a black male in his 30’s and about six feet tall. Anyone having information on the incident is asked to contact the Pensacola Police
Department at (850) 435-1900.
One Arrested: Traffic Stop Nets Nearly 2 Pounds Of Pot, Cash And A Gun
July 12, 2012
A Century traffic stop turned up nearly two pounds of marijuana, over $700 in cash, a gun and other drugs — landing one woman in jail.
Escambia County Sheriff’s deputies observed a suspicious vehicle pull behind a mobile home at 9520 Ivey Street in Century and later watched as two black males entered the trailer.
Inside the suspicious vehicle, deputies found Antoinette Johnae Thompson, age 23.
Also in the vehicle, deputies found a .22 caliber pistol, numerous bags containing a total of one pound, 13 ounces of marijuana, Percocet pills and $709 in currency, according to an Escambia County Sheriff’s Office report.
Deputies knocked on the front door of the mobile home for several minutes before the owner exited. She denied that two black males had entered the residence, despite a deputy observing them inside through an unobstructed window, the report states. The homeowner would not allow deputies to search the mobile home.
Thompson, according to the report, denied that the items in the rental car belong to her, and she denied knowing the names of the two men.
Thompson was charged with possession of marijuana over 20 grams and possession of drug paraphernalia. She was released from the Escambia County Jail on a $3,000 bond.
Two Injured: Small Plane Crashes In Escambia County
July 12, 2012
Two people were injured when a small airplane crashed shortly after takeoff Wednesday evening in Escambia County.
The crash happened at Ferguson Airport, near the intersection of Blue Angle Parkway and Highway 98, at about 6:45 p.m.
Two Pensacola men -James Gudaitis, 50, and Aaron Young, 29 – were transported to Baptist Hospital for treatment. Gudaitis was listed in serious condition while Young was treated and released. The plane was a Piper PA-28-140.
The accident will be investigated by the National Transportation and Safety Board.
Escambia Deputy Shot At Apartment Complex
July 12, 2012
[Updated] A bulletproof vest is being credited with saving the life of an Escambia County deputy who was shot Wednesday night at the Oakwood Terrace Apartments on Truman Avenue off W Street.
Deputy Ryan Robinson, 32, was shot. He has worked for the Sheriff’s Office since 2006.
A shot was fired into Robinson’s stomach, but his bulletproof vest stopped the round. He was transported to Sacred Heart Hospital by ambulance for evaluation. He was treated and released, and is now recovering at home on paid administrative leave pending a medical release.
The incident happened about 10:45 p.m. as three members of the Escambia County Sheriff’s Office Tactical Anti-Crime Unit, also known as TAC unit, were conducting “proactive police work” in the apartment complex. Deputies Robinson gave chase, and one of the men fired at a him.
Deputies quickly surrounded one apartment and removed four people, once of which they believed to be the shooter. In the meantime, someone stole an unmarked TAC Unit vehicle that was found abandoned a short time later a few blocks away at the intersection of Coons and Norris avenues. A manhunt followed in the area for the suspect with numerous officers, K-9 units and the department’s helicopter.
The manhunt for the suspect and the investigation continued into the early morning hours with the assistance of the Pensacola Police Department and the Florida Highway Patrol.
There have been no arrests. The suspect in the deputy shooting is considered armed and dangerous, according to the Sheriff’s Office. Anyone with information about the incident is asked to call the Escambia County Sheriff’s Office at (850) 436-9620 or Gulf Coast Crime Stoppers at (850) 433-STOP
Pictured: The scene at the Oakwood Terrace Apartments on Truman Avenue off W Street after an officer was shot Wednesday night. Photo courtesy WEAR 3 for NorthEscambia.com, click to enlarge.