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Tuesday, February 14, 2017

Should she stay or should she go?

Blogger Comments:   Ana is losing popularity on another front as well her lies and deception has caught up with her in the case of the accident in Bay Minette, Alabama.   

Franklin's attorney claims that the Baldwin Counsel is "rude" "and is trying to harass and bully Franklin".  He should move to Morgan County and speak to some of the people here to whom Franklin has been rude, harassing and bullied.  Franklin spends most of her time in Mobile County with her latest beau Charlie Mcnichol, the Mobile County 911 Director.  Franklin severely injured the Hall family.  Ms. Hall is still unable to work.  Don't you think the Halls would feel that they are being bullied by Franklin and her team to expect the injured party to travel to North Alabama for an accident they didn't cause. 

Decatur Daily on-line poll and article below:





Attorneys in Sheriff Franklin lawsuit bickering over deposition site

  • By Keith Clines Staff Writer
  •  

  • The attorney representing Morgan County Sheriff Ana Franklin in a lawsuit in Baldwin County said the opposing attorney was “rude” and is trying to harass and bully Franklin by insisting she travel to Baldwin County to give a video deposition.
    Randall McNeill, a Montgomery attorney representing Franklin, said in a response to a motion by Britt Bethea, a Mobile attorney representing a Baldwin County couple injured in a June 7 wreck, that Bethea would not agree to taking the deposition in or closer to Morgan County.
    “Obviously, plaintiffs’ counsel is more inclined to harass the defendant,” McNeill wrote.
    Bethea, who is representing Hubbard and Martha Hall, filed a notice on Feb. 1 that the plaintiffs would take a video deposition from Franklin at the Baldwin County Courthouse in Bay Minette at 9 a.m. on Feb. 21.
    The next day, McNeill, who is hired by the county’s insurance provider, filed an objection to the notice. McNeill said in his motion that the two sides could not agree to the deposition date, time and location. McNeill said he suggested the deposition take place in Morgan County and then tried to arrange a compromise location at his Montgomery office, but Bethea dismissed his suggestions.
    McNeill said Bethea then filed the notice to take Franklin’s deposition in Bay Minette on Feb. 21 “essentially in hopes of bullying” Franklin by taking her away from her duties as sheriff.
    McNeill said the 620-mile round trip to Bay Minette would be “an undue burden on the sheriff, whose duties cannot be neglected or rescheduled due to a civil lawsuit.”
    Franklin has been to Washington, D.C., at least twice this year — in early January for U.S. Sen. Jeff Session’s confirmation hearings for U.S. attorney general and this week for the National Sheriffs’ Association Winter Conference.
    A Feb. 1 email from McNeill to Bethea said “you better believe that I am objecting to any deposition” that takes Franklin 300 miles from home. McNeill said Bethea was “rude” to insist on taking the deposition in Baldwin County.
    McNeill said he recognized the plaintiffs have a right to limited discovery on immunity issues raised by the defense.
    “This concession, however, does not open the door for abuse, annoyance, and undue burden and expense,” he wrote.
    McNeill noted Alabama rules of civil procedure allow a judge to limit discovery that is unduly burdensome and expensive. He asked the judge to order the deposition be taken either in Morgan County or at his Montgomery office.
    McNeill previously filed a motion asking that the lawsuit be dismissed because Franklin and other sheriffs in the state are granted immunity from civil lawsuits as long as they are acting within the line and scope of their duties.
    A sheriff’s jurisdiction does not stop at his or her respective county line, McNeill said in the motion. He said Franklin was acting within the scope of her duties when she was returning from an Alabama School Resource Officers conference in Gulf Shores.
    The Halls were injured when Franklin pulled in front of the couple’s car on Alabama 287 just south of the Interstate 65 interchange and north of Bay Minette, according to a state trooper’s accident report. They are asking for an unspecified amount of compensation for the injuries and damages they sustained due to Franklin’s alleged negligence and recklessness, court records show.
    Bethea filed a response Tuesday night arguing that the deposition should take place in Baldwin County because that’s where the wreck occurred while Franklin was on her personal time and that’s where the lawsuit is filed.
    He asked Baldwin County Circuit Court Judge Jody Bishop to deny McNeill’s motion and for Franklin to choose a convenient date for all parties to take the deposition in Baldwin County.
    “The defendant availed herself of jurisdiction in this honorable court by causing a wreck in Baldwin County, Alabama,” Bethea said.
    Bethea said he asked McNeill twice in the past two weeks to send him dates Franklin would be available to give the deposition in Baldwin County. McNeill’s reply was that he had not had a chance to talk to Franklin about possible dates.
    Bethea noted that the Halls were seriously injured on their way to work when the wreck occurred, but that Franklin was on her personal time. He said Franklin’s claim that she is immune from civil penalties because she was acting within the line and scope of her duties “is a highly disputed fact” in the case.
    Bethea wrote that Franklin raised the immunity defense despite the fact she was in civilian clothes and 300 miles from her jurisdiction when the wreck happened.
    Bethea’s filing included a series of emails between McNeill and himself. They are mostly about procedure and timing and go back to Nov. 20 when Bethea asked McNeill to file a response to the initial complaint in the lawsuit.
    “I’ve been working on a demand for early settlement negotiations on a compromise basis,” Bethea wrote in November. “Unfortunately, I believe the Halls’ damages are too great to discuss settlement at this point.”



2 comments:

  1. Nice sample size on that poll...looks like about 15 total votes.

    ReplyDelete
  2. Nice sample size on that poll...looks like about 15 votes.

    ReplyDelete