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Friday, March 31, 2017

It is easier to ask for forgiveness than get permission

Blogger Comments:  Franklin has been taking inmate food funds for years.  Now all of a sudden she asked for permission to keep the food funds.  A logical question would be why now?  Maybe because she is afraid that Judge Kallon will find out how much money she has taken over the years.  Sure that Alabama Sheriff's Association is backing the sheriff all the way, the State Legislature is afraid of the Alabama Sheriff's Association, the Commissions want nothing to do with feeding the inmates so, whats left?  The legislatures are scared to kill the law because they fear they will lose their jobs.  Maybe they should be voted out of office if they place their positions over feeding the inmates.

The law gives the Sheriffs legal justification to feed the inmates less than nutritional meals.  According to our sources Franklin refused to allow any of the Federal Funds to be used for feeding the inmates.  Sheriff Franklin knew her butt was cooked and found a means to pay the money back. Why didn't the good, christian, law abiding sheriff pay the money back once she realized the scheme fell through, that is if it did.

It sounds like the courts should subpoena each account managed by the sheriff to see how many counter checks Sheriff Franklin has written over the past six years.  Sounds like her attorneys do not want that to happen. 


Sheriff asks court not to make her spend all inmate food money for meals



  • By Keith Clines Staff Writer
  •  
  • Updated 
Morgan County Sheriff Ana Franklin has asked a federal judge not to force her to spend all the money she receives to feed Morgan County Jail inmates for that purpose.
The motion filed by Franklin’s attorneys this week asks U.S. District Judge Abdul K. Kallon to terminate the requirement for jail food spending that was inserted in a 2009 amended consent decree for former Sheriff Greg Bartlett to be cleared from contempt of court.
Kallon on Thursday approved a request by the Southern Center for Human Rights, which is representing inmates in a class-action lawsuit against the county, for a time extension to respond to Franklin’s motion.
A hearing is scheduled for April 14 at 1:30 p.m. in the federal courthouse in Decatur for Franklin to show why she should not be held in contempt of the order.
The Southern Center for Human Rights asked for the show cause hearing because Franklin removed $160,000 from the account in 2015. Franklin loaned $150,000 of the money to a now-bankrupt used automobile dealership.
Franklin and her attorneys have argued that state law allows her to convert to personal use any money left over after feeding inmates. Franklin has replaced the money she withdrew in 2015 despite her claims that the surplus money is hers.
The motion filed by Franklin attorneys Mark Maclin and Barney Lovelace said Franklin wants the chance to present evidence to the court that she has fully complied with the original 2001 consent decree requiring the sheriff to provide inmates a nutritional diet.
Morgan County Jail inmates filed a class-action lawsuit against the county and Sheriff Steve Crabbe in 2001 concerning jail conditions. The two sides agreed to a consent decree later that year, but the case was back in court in 2008 after inmates complained about Bartlett serving them corn dogs three times a day for two months.
Clemon found Bartlett in contempt of the consent decree and ordered Bartlett to federal prison until Bartlett could offer a reasonable solution. Clemon agreed to Bartlett’s proposal that earmarks all inmate food money be spent to feed inmates, and included it in a 2009 amended decree.
Franklin and her attorneys have argued that Clemon erred in including the stipulation in the amended decree and that it only applied to Bartlett to clear Bartlett of contempt.
Attorneys with the center have said the order applies to Franklin because federal civil lawsuit procedures made Franklin a defendant when she succeeded Bartlett.
The motion filed Tuesday gave two reasons for Kallon to eliminate that requirement from the decree.
First, they said, the 2009 amendment by Clemon did not include a finding that “the relief is narrowly drawn, extends no further than necessary to correct the violation of the federal right, and is the least intrusive means necessary to correct the violation of the federal right … .”
They also said Kallon should terminate the amendment because the decree gave Franklin the right to ask that it be dropped at least two years after the 2009 decree.
The Southern Center for Human Rights, which is the court-appointed monitor of the decree, said in an earlier filing that Franklin has had six years to ask the court to not make her spend all the food money to feed inmates, but instead withdrew $160,000 for personal use.
Lovelace and Sarah Geraghty, managing attorney at the Southern Center for Human Rights in Atlanta, did not respond to requests for comment Thursday afternoon.
keith.clines@decaturdaily.com or 256-340-2438. Twitter @DD_KeithClines.

5 comments:

  1. Let me get this straight. Ana took the money after being told the money was off limits, pays the money back because she knew she was wrong, now she's asking permission not to be force to spend all the food money on feeding the inmates? Is she trying to get permission before the next hearing? So she wont be found guilty of taking more than the 160,000? This is crazy.

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  2. Ana Franklin does not care one bit what any taxpayer, voter or citizen thinks of her. She has spent her years in office lining her pockets quietly with inmate food money (that the consent decree clearly states that she cannot take). Why would she care? She doesn't even care about the employees that work for her. Especially the poor souls tasked with running what is suppose to be her jail. She has absolutely nothing to do with running anything. I ask, how can you fire employees of the jail for not complying with the consent decree yet blatantly break it yourself?

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  3. RESIGN...or us as taxpayers will make sure that happens. I know she has all her cronies trying to figure out who is doing the truthful posts...wont work Sheriff...the County knows what you did and if you would only hand over bank statements and every single check you wrote out of all accounts this mess would be over. Don't care who you are dating or done since you took office.The few good deputies left know the truth. Please save yourself the pain and anguish...yes I screwed up...Should have asked 6 years ago to take the money...instead I took it upon myself to make a corporate decision...wrong move. RESIGN while you are ahead and behind bars. Just a little advice.

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  4. First of all,Ziaja has no intention of leaving.He does not have to.His boss,John Venegoni,is also heavily involved in this ponzi scheme.Also it has been said for years, that the federal drug task force team that Franklin and Ziaja are members of has been stealing drug bust money.There is more than one cookie jar where Franklin and Ziaja are involved.Keep in mind that Ziaja is broke.Franklin has cleaned him out.I believe that he and Venegoni are trying to build up a nest egg before the "Poop" hits the fan. A.G.Strange was as corrupt as anyone can be,and the ALEA was his goon squad.I know things that would make a persons hair stand on end.Franklin and Ziaja are very sick,twisted people.This Title Marts thing is just a drop in the bucket.

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