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Wednesday, March 22, 2017
Wreck Case Continued and ordered Into Mediation
So, it appears both this case and the Show Cause case in
Federal court have been continued. We are not sure yet what has happened
but it's clear her claims of immunity did not serve Ana well. Her
admissions to wrong doing as to removal and use of inmate food funds into what
she claims is a legitimate business are also very telling. We know this
"legitimate business" was a Ponzi scheme. Also, her at the time
boyfriend signed promissory notes for his involvement or investments but Ana,
still trying to hide her investment did not. Her cousin was charged with
numerous felony crimes for his involvement in the same company. The
Sheriff cancelled her upcoming rodeo event. The persons involved in all
this have not been to work this week as they should have been but that is not
out of the ordinary. The case in Federal court also being continued is
significant also. How many other additional admissions have been made at
this point and how much mediation is really going on? Time will soon
tell. Much more to come in the very near future. It seems the
attempts of spinning and lying about the truth and events of and by the Sheriff
and her co-conspirators may have finally come to an end. We will soon see
if this is indeed the case. And likely who and what was finally
responsible for this, if it is the case.
As I write this very early in the morning I also
expect other Media outlets to do stories on this, in addition to the story by
Decaturdaily.com below. There is a great deal of speculation going on by
many as to what happens next. We hope these speculations can be put to rest in
the very near future or days to come and that the closure is just around the
corner. Regardless for so many so significantly affected by Ana and her
crew's actions, by all of this, it can certainly be viewed as light at the end
of the tunnel.
Morgan Sheriff Ana Franklin wreck lawsuit ordered to
Clines Staff Writer
2017 Updated 2 hrs ago
A Baldwin County Circuit Court judge has ordered a civil lawsuit filed by a couple injured in an automobile accident last summer with Morgan County Sheriff Ana Franklin be sent to mediation for a possible settlement.
Judge Jody W. Bishop this week referred the case to mediation and named Mobile attorney Michael Upchurch as mediator.
Upchurch, a member of the Frazer, Greene, Upchurch and Baker firm, is a certified mediator and has mediated about 1,200 cases since 1993, according to the firm’s website. He is also a certified arbitrator.
Hubbard and Martha Hall filed a lawsuit against Franklin in September 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.
Franklin’s attorney, Randall McNeil, provided by the county insurance provider, said in a motion to dismiss the lawsuit that the state constitution gives sheriffs immunity from civil lawsuits if they are acting within the line and scope of their duties.
The Halls’ lawsuit said they were severely injured in June when Franklin turned her Ford Expedition into the path of their Toyota Corolla on Alabama 287 north of Bay Minette near an Interstate 65 interchange.
Bishop said in his order that all in-court proceedings will be put on hold for 60 days from the date of the mediation order. But, he said, mediation won’t interfere with discovery or other time requirements.
“The parties shall contact the mediator immediately to schedule mediation,” Bishop said in his order.
Upchurch will schedule a mandatory meeting for all parties, their attorneys and insurance representatives, if insurance is involved, Bishop said.
The Halls’ attorney, Britt Bethea, did not return a message Tuesday seeking comment.
Randall McNeill, a Montgomery attorney who represents Franklin through the county’s liability insurance provider, does not comment on pending cases.
Bishop on Monday scheduled a motion hearing for May 23 and a status review on July 24 in the Baldwin County Courthouse in Bay Minette.
Meanwhile, Hubbard Hall has been charged with murder in the Feb. 21 shooting death of his son, Mark Hubbard Hall, with a pistol, according to court records. He was released from Baldwin County Jail on $100,000 bail.