Molino Vehicle Fire Destroys Pickup Truck
December 23, 2016
A vehicle fire destroyed a pickup in Molino Thursday morning. There were no injuries reported in the Nancy Lane blaze. NorthEscambia.com photos by Kristi Barbour, click to enlarge.
Supreme Court Opens Door To New Death Penalty Hearings
December 23, 2016
In a pair of major rulings about the state’s embattled death penalty, the Florida Supreme Court on Thursday cleared the way for about half of the state’s Death Row inmates to seek new sentencing proceedings based on a seminal U.S. Supreme Court decision early this year.
But while the Florida justices granted relief for approximately 55 percent of the state’s 386 condemned inmates, a majority of the court also lifted a stay of execution in the case of James Asay — a signal that deaths by lethal injections could soon be back on track after a year-long hiatus.
Thursday’s highly anticipated opinions focused on the application of a January U.S. Supreme Court decision, in a case known as Hurst v. Florida, that struck down as unconstitutional the state’s death penalty sentencing system.
That ruling, premised on a 2002 case known as Ring v. Arizona, found that Florida’s system of allowing judges, instead of juries, to find the facts necessary to impose the death penalty was an unconstitutional violation of the Sixth Amendment right to trial by jury.
Florida lawmakers hurriedly rewrote the law this year after the Hurst ruling, requiring jurors to unanimously find that at least one aggravating factor exists before a defendant can be eligible for a death sentence and requiring at least 10 jurors to recommend death for the sentence to be imposed.
But the Florida Supreme Court in October struck down part of the new law, finding that it was unconstitutional because it did not require unanimous jury recommendations for death sentences.
In one of Thursday’s rulings, a majority of the Florida court decided that the Hurst ruling should apply to all cases that came after the Ring decision. It noted that 14 years separated those two U.S. Supreme Court decisions.
“In this instance … the interests of finality must yield to fundamental fairness,” the majority wrote in the case of John Mosley, convicted of murdering his girlfriend and their infant child in 2004. “Because Florida’s capital sentencing statute has essentially been unconstitutional since Ring in 2002, fairness strongly favors applying Hurst, retroactively to that time.”
The Mosley decision also makes clear that, because the court will analyze each case individually, not all capital defendants who are eligible under Hurst will ultimately receive the opportunity for a new sentence. Defendants who waived their right to a jury trial would also not be eligible for new sentencing hearings.
Retroactive application of the Hurst ruling is critical “to prevent a violation of the fundamental and critically important right to a trial by jury,” the majority wrote in Thursday’s 83-page Mosley opinion.
But Justice Charles Canady, in a dissent joined by Justice Ricky Polston, warned about the effects on the court system of allowing new sentencing hearings in death-penalty cases going back to the Ring ruling in 2002.
“The difficulties involved in conducting new penalty phase proceedings for such a large number of cases involving murders committed over such an extended period of time truly beggars description,” Canady wrote. “The impact on the system of justice — courts, prosecutors, and public defenders — will be enormous.”
In Asay’s case, the court ruled that Hurst should not apply retroactively to cases finalized before the Ring decision because, in part, of the impact on the administration of justice.
“Penalty phase resentencing is a time-intensive proceeding that requires significant preparation and discovery, death-qualifying a jury, and generally, a multi-day trial,” the majority wrote. “While some of the prior witnesses’ statements could be admitted based on the transcripts from the prior sentencing, the jury’s ability to weigh the strength of those witnesses would clearly be impacted. Finally there is an important consideration regarding the impact a new sentencing proceeding would have on the victims’ families and their need for finality.”
All but two of the justices — Canady and Peggy Quince — authored separate opinions in the Asay case. Justices Barbara Pariente and James E.C. Perry concurred in part but offered dissenting opinions in which they said that all of the state’s Death Row inmates — including those in cases before Ring — should be eligible for resentencing.
Justice R. Fred Lewis concurred in the result but wrote that the Hurst ruling should be extended retroactively to all capital defendants who raised the issue of unanimity, even before Ring was decided.
In her dissenting opinion, Pariente objected that “the requirement of jury unanimity in the ultimate decision as to whether a defendant is sentenced to death is of such fundamental significance that fairness requires” retroactive application.
“The majority’s conclusion results in an unintended arbitrariness as to who receives relief depending on when the defendant was sentenced or, in some cases, resentenced,” she wrote. “To avoid such arbitrariness and to ensure uniformity and fundamental fairness in Florida’s capital sentencing, our opinion in Hurst should be applied retroactively to all death sentences.”
Perry went even further.
“The line drawn by the majority is arbitrary and cannot withstand scrutiny under the Eighth Amendment because it creates an arbitrary application of law to two groups of similarly situated persons,” Perry, who is forced to retire at the end of this year, wrote. “Coupled with Florida’s troubled history in applying the death penalty in a discriminatory manner, I believe that such an application is unconstitutional.”
Attorney Martin McClain, who took over Asay’s case in January after Gov. Rick Scott signed a death warrant ordering Asay’s execution, said the court’s opinion in his client’s case leaves unanswered questions. Thursday’s ruling came 10 months after the court heard arguments in the Asay’s case.
“Obviously, the issue is complex, as is reflected in the opinions,” McClain told The News Service of Florida. “All that’s really established today is that post-Ring people have a better argument for relief than pre-Ring people.”
Scott spokeswoman Jackie Schutz said the governor’s office is “reviewing the ruling.” But, according to McClain, Scott cannot reschedule an execution date for the convicted killer because the court’s ruling Thursday left open the possibility of a request for a rehearing.
Thursday’s decisions evoked mixed reactions from defense lawyers, with many of them echoing Perry’s concerns.
“Certainly, a fair number of my clients will be entitled to relief. However, the court’s opinions do really raise an arbitrary concern that similarly situated defendants are being treated differently under the law. That’s unfair and a violation of the Eighth Amendment,” lawyer Maria DeLiberato said.
Karen Gottlieb, co-director of the Florida Center for Capital Representation at Florida International University’s College of Law, predicted that the decisions regarding retroactivity will spur more litigation.
“The defendants whose cases were final prior to Ring, their sentencing proceedings were no less unconstitutional than those sentencing proceedings that were not final at the time of Ring and those that came after Ring,” Gottlieb said. “The bottom line is we are talking about unconstitutional sentencing proceedings, no less unconstitutional prior to Ring than post-Ring. They were always unconstitutional.”
by Dara Kam, The News Service of Florida
Holiday Closures For Escambia County Offices
December 23, 2016
Below is a listing of offices and departments closed on Friday, Dec. 23, Monday, Dec. 26 and Monday, Jan. 2 for the Christmas and New Year’s holidays.
- Escambia County Board of County Commissioners
- Escambia County Property Appraiser
- Escambia County Tax Collector
- Escambia County Area Transit administrative offices
- Escambia County Supervisor of Elections office
Exceptions:
- Escambia County Area Transit will run regular routes Friday, Dec. 23, Monday, Dec. 26 and Monday, Jan. 2. Modified service will run every two hours on Saturday, Dec. 24 and Saturday, Dec. 31. There will be no bus service Sunday, Dec. 25 and Sunday, Jan. 1. There will be no UWF Trolley service from Saturday, Dec. 10 – Friday, Jan. 6.
- The Escambia County Animal Shelter will be open Friday, Dec. 23. The animal shelter will be closed Saturday, Dec. 24 – Monday, Dec. 26 and Monday, Jan. 2. Animal Control will respond to emergencies only Friday, Dec. 23 – Monday, Dec. 26 and Monday, Jan. 2.
- The Escambia County Clerk of the Court & Comptroller’s office hours are as follows:
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- The Clerk’s Finance, Official Records and Clerk to the Board offices, located at 221 Palafox Place, will be closed Friday, Dec. 23. All other clerk offices will be open.
- All offices of the Clerk of the Circuit Court & Comptroller will be closed Monday, Dec. 26.
- All offices of the Clerk of the Circuit Court & Comptroller will be closed Monday, Jan. 2.
- All West Florida Public Library branches will be closed Friday, Dec. 23 – Tuesday, Dec. 27 and Monday, Jan. 2. The Pensacola Library, located at 239 N. Spring St., will also be closed Sunday, Jan. 1.
- The Perdido Landfill will be open for normal business hours Friday, Dec. 23, Saturday, Dec. 24, Monday, Dec. 26 and Monday, Jan. 2. The Oak Grove Convenience Center will also be open for normal business hours during the holidays.
Cook Up A Christmas Gift Idea
December 23, 2016
by Dorothy Lee, Escambia Extension Agent
Christmas is a joyous season. It’s a time to remember friends and neighbors with small tokens of your love and appreciation.
Every holiday season is magical, but can also be a perplexing time. How do you choose gifts for your friends and loved ones that are unique, and sure to be cherished?
Remember Christmas when you were young? How the simplest projects—stringing lights, hanging icicles, baking cookies, gathering pine cones, or making ornaments for the tree—filled the season with fun and excitement. Bring back that special magic with your own holiday projects. These holiday projects are gifts from the heart.
If you have spent many hours in past seasons trying to find the answer to the perplexing question of what to give, perhaps this year you can find the answer in your own kitchen. Flavorful gifts you can create in an evening or two at home might be the just the solution. Most of us like to follow the pleasure of cooking with sharing the scrumptious results. So this holiday season prepare some delicious food gifts for friends and relatives.
A jar of homemade jam or jelly conveys a welcome sign of friendship to neighbors or coworkers. Besides being fun to make and share, oven-baked goods, snacks, and other savory items are attractive and often cost less than those that are store-bought. This is a gift that comes from the heart without breaking the bank. For a holiday touch, add a pretty ribbon or a note from a square of wrapping paper.
Fresh from the oven, a batch of pumpkin muffins or a loaf of whole grain bread will send warm holiday greeting to friends. Decorated with raisins and nuts, gingerbread men will appeal to anyone who fancies the spicy flavors of cinnamon, ginger, and cloves. When invited to festive dinners take along a basket filled with your own gift assortment of cookies packaged in inexpensive containers with recipes and a personalized message included. You will find these gifts easy to transport and the hostess is sure to appreciate the gesture.
Another gourmet goodies idea to consider is sharing a decorative jar or tin packed with flavorful popcorn or a nutritious trail mix. Top a decorative tray with herbed cheese rounds. Herbs offer a delicious alternative to salt. Herb seasoning mixes can be packaged in a decorative glass jar or bottle and tied with festive ribbon. Be sure to attach a label with instructions for serving and a recipe for making more.
When making these gourmet goodies, you might want to prepare an additional batch so you will have a last minute gift on hand. The additional jar of jam or jelly can make a special gift for last minute visitors. These gifts are seen as thoughtful and well-prepared when they are in reality a last minute thought.
For more information, contact Dorothy Lee, UF/IFAS Extension Escambia County at (850) 475-5230 or email dclee@ufl.edu.
Florida Leads States In Obamacare Enrollments
December 22, 2016
Florida led the nation with 1.3 million residents signing up for 2017 coverage under the federal Affordable Care Act by a Monday deadline, the U.S. Department of Health and Human Services announced Wednesday.
Floridians seeking health insurance through the federal marketplace were up more than 14 percent from the 1.14 million Floridians who had signed up during the same time last year, federal officials said. More than 1.5 million Floridians were covered by the federal program, which is also known as Obamacare, in 2016. The 1.3 million Floridians signed up for 2017 coverage will grow, as the number does not include consumers who were automatically enrolled in the program, federal officials said. The number also only reflects those signing up for coverage beginning Jan. 1.
Floridians can still enroll in Obamacare through Jan. 31, with the coverage beginning March 1. Updated numbers, including the automatic enrollees, will be released next month.
In a phone conference with reporters, Sylvia Burwell, the Health and Human Services secretary, said the Florida numbers, and the record 6.4 million consumers who signed up nationally for the Jan. 1 coverage, reflect the fact that the federal health care program “is vital to them and their families.” Burwell said the federal health care program faces “head winds” as President-elect Donald Trump and Congress have vowed to repeal Obamacare.
But she said Floridians who sign up for the 2017 coverage will be covered through next year, as the debate evolves over repealing and replacing the program in Washington, D.C.
Molino Road To Be Closed For Bridge Replacement
December 22, 2016
Molino Road will be closed beginning the first week of January to replace the bridge over Penasula Creek, just east of Sunshine Hill Road.
The project scope includes replacing the bridge, completing drainage improvements and signing and marking. A detour will be in place while the new bridge is built. The detour will consist of Highway 29 to Crabtree Church Road to Sunshine Hill Road to Molino Road, or Molino Road to Sunshine Hill Road to Crabtree Church Road to Highway 29.
The project is expected to be completed in approximately 265 calendar days.
The bridge has reached a level of deterioration to warrant replacement and is next on the list of the FDOT’s Five-Year Work Plan. The project will be funded and the construction work will be performed under contract for the Florida Department of Transportation. After completion of the structure, Escambia County will be responsible for the maintenance of the bridge.
The wood piling supported Molino Road Bridge over Penasula Creek was constructed in 1958.
ictured top: The Molino Road bridge over Penasula Creek. Pictured below: The deteriorating wood pilings that support the bridge. NorthEscambia.com photos, click to enlarge.
Vehicle Burglary Suspect Arrested
December 22, 2016
An 18-year old Atmore man has been arrested for a string of vehicle burglaries just north of the Alabama/Florida state line.
David Tyler Vickery was charged with eight counts of breaking and entering an automobile, four counts of theft of property second degree and one count of theft of property third degree.
Atmore Police said the vehicle burglaries occurred in the area Forest Hill Drive and Rockaway (Rocky Way) Creek Road areas. Police responded to reports of suspicious activity in the area and found Vickery with stolen property in possession, according to Atmore Police Chief Chuck Brooks.
Brooks said everyone should lock their vehicle doors, especially around the holiday season.
No Injuries In Pine Cone, 297A Crash
December 22, 2016
There were no injuries in a two vehicle crash Wednesday evening at Pine Cone Drive and Highway 297A. The accident remains under investigation by the Florida Highway Patrol. No further details have been released. NorthEscambia.com photos by Kristi Barbour, click to enlarge.
Peanut Butter Bounty Distributed To Local Food Banks
December 22, 2016
Over 4,000 jars of peanut butter collected during the UF/IFAS Escambia County Extension’s “Take a Bite out of Hunger” Peanut Butter Drive were delivered to 22 local food pantries this week.
The food drive asked residents to meet the challenge of donating 1,000 pounds of unopened jars of peanut butter at five drop-off locations in the county during the months of September and November. The goal was exceeded thanks to citizens and local peanut producers Rodney and Mike Helton, with 4,871 jars totaling 4,000 pounds collected — a 43 percent increase over the 2,800 jars collected in 2015.
The peanut butter was distributed to the following food pantries:
- Manna Food Pantries
- Mount Canaan Baptist Church
- EscaRosa Coalition for the Homeless
- St. James Missionary Baptist Church
- Myrtle Grove United Methodist Church
- Highland Baptist Church
- Salvation Army
- Carver Park Resource Center
- Abundant Life Assembly of God (Century Church)
- Perdido Bay United Methodist Church
- Alfred-Washburn Center
- Brentwood Assembly of God
- Allen Memorial United Methodist Church
- Aldersgate United Methodist Church Molino
- Gonzalez United Methodist Church
- Liberty Church North Campus
- First Baptist Church of Bratt
- Waterfront Rescue on Herman Street
- St. Monica’s Espical Church
- First Baptist Church of Flomaton
- Cathedral of Faith Church
- Marcus Pointe Baptist Church
This is the fourth year UF/IFAS Escambia County Extension has teamed up with the Florida Peanut Producers Association to participate in the peanut butter drive, with donations to food pantries being made in the month of December. As many families in our community experience food insecurities, they rely upon food pantries to supplement their family’s meals and reduce worries about running out of food. The donated peanut butter can help meet the need of providing healthy options for local residents in need.
Gun Proposals Could Have Better Shot in Senate
December 22, 2016
A measure that would expand how and where Florida’s more than 1.67 million concealed-weapons license holders can carry handguns may have an easier path through the Senate in 2017 than in the past.
Senate President Joe Negron, R-Stuart, this week sent the bill (SB 140) to three committees, two of which are led by prominent gun-rights supporters. The bill would need to make it through the committees before it could be considered by the full Senate during the 2017 legislative session, which starts in March.
“I’ve always been a strong proponent of the Second Amendment rights of law-abiding citizens,” Negron said Tuesday before he assigned the bill to committees.
The bill, sponsored by Senate Judiciary Chairman Greg Steube, R-Sarasota, would allow people with concealed-weapons licenses to openly carry handguns in public and also would allow them to be armed on college and university campuses. They also could carry guns at airport passenger terminals; in elementary and secondary schools; and at legislative and local government meetings.
Negron assigned the measure to the Steube-led Judiciary Committee and to the Governmental Oversight and Accountability Committee, which is chaired by Ocala Republican Dennis Baxley, who in 2005 sponsored the House version of the state’s “stand-your-ground” self-defense law.
The Senate president Tuesday also assigned the bill to the Rules Committee, which is led by Fort Myers Republican Lizbeth Benacquisto. While not as prominent as Steube and Baxley on gun-related issues, Benacquisto in 2016 voted during a Higher Education Committee meeting in favor of allowing concealed-weapons license holders to carry guns on college and university campuses.
Influential National Rifle Association lobbyist Marion Hammer praised Negron when asked about the committee assignments for the bill. But she wouldn’t make any prediction on the bill’s future.
“It is my hope that Senate members will have an opportunity to vote on this bill,” Hammer said Wednesday in an email.
During the 2016 session, open-carry and campus-carry measures failed to advance through the Senate Judiciary Committee, which was chaired by former Sen. Miguel Diaz de la Portilla, R-Miami. Diaz de la Portilla lost a re-election bid in November.
The campus-carry proposal has been opposed by university and college leaders, campus law- enforcement officials and faculty members.
Florida State University President John Thrasher, a former House speaker and senator, this month reiterated his strong opposition to allowing guns on university and college campuses.
As a member of the Senate, Thrasher helped kill a bill in 2011 that would have allowed gun owners with concealed-weapons licenses to bring their firearms on campuses.
“I opposed it. I killed it. I have worked against it since then,” Thrasher told the FSU faculty during his annual “state of the university” address on Dec. 7. “And you have my promise that I will work against it this year also.”
The proposals during the 2016 session first went through the Senate Criminal Justice Committee, where they drew narrow support. Negron has named Sen. Randolph Bracy, D-Orlando, to chair that committee in 2017, but it appears the panel will not hear the Steube bill.
Parts of Steube’s proposal appear in separate measures that have been filed in the House for the 2017 session.
Rep. Scott Plakon, R-Longwood, introduced a House version of the campus-carry measure (HB 6005). Also, Rep. Jake Raburn, R-Lithia, has proposed a bill (HB 6001) that would allow people with concealed-weapons licenses to bring guns into the passenger terminals of airports.
The House overwhelmingly approved campus-carry and open-carry bills during the 2016 session. Steube and Baxley, who were elected to the Senate last month after serving in the House, voted for both bills.
by Jim Turner, The News Service of Florida