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Tag: Alabama state government

  • Landfill fire near Birmingham burning for almost a month

    Landfill fire near Birmingham burning for almost a month

    BIRMINGHAM, Ala. — An underground fire has been raging at an environmental landfill near Birmingham for almost a month, covering Alabama’s largest metro area with smoke.

    Now, state officials, local fire departments and county commissions are trying to determine the next steps and who will cover the costs associated with putting it out, al.com reported.

    The fire started about a month ago at the Environmental Landfill, Inc., facility in St. Clair County, near the Birmingham suburbs of Moody and Trussville. James Mulkey, a fire inspector with the Moody Fire Department, said the department received its first call about the fire Nov. 25 at about 7:45 a.m.

    “The fire has gotten into the pile of debris, which is very large,” Mulkey said. “The actual size of the debris pile, we’ve heard estimates from 23 to 50 acres, and it’s multiple layers. In some places, this thing is 100-150 feet deep. We’re not sure because of the way it was done. They would bring stuff in, pile dirt on top of it and then put another layer in.”

    Mulkey said the fire is now almost entirely underground.

    “There’s very little flame activity above ground,” Mulkey said. “If you see flame, it’s coming out of a crevice or a fissure from the ground and all the smoke is coming out of the ground.”

    According to an Alabama Department of Environmental Management update posted Thursday, extinguishing the fire is “critical,” but will be difficult because of its location.

    “It appears that unauthorized solid waste (i.e. non-vegetative) was removed from the site following an ADEM enforcement action prior to the fire,” the update said.

    The landfill is not regulated by ADEM because it is only supposed to accept “green waste,” things like storm debris, leaves and limbs and vegetative material. In reality, though, tires and other materials have been found at the landfill amid the fire.

    ADEM External Affairs Chief Lynn Battle said the agency is investigating potential illegal dumping at the site.

    “ADEM is aware that there is some unauthorized solid waste on this site. ADEM will determine the appropriate enforcement actions following the conclusion of its investigation and review of relevant information,” Battle told al.com via email.

    Mulkey said he’s seen tires in the disposal area, but did not want to speculate as to whether there is other unauthorized waste in the burning pile. Efforts to reach the landfill owners for comment via email and telephone were unsuccessful.

    ADEM has cautioned residents who live near the facility to consider limiting outdoor activities, installing high-efficiency filters in their heating and air conditioning systems and sealing their home with caulk or other materials where outside air may be leaking in.

    The department also said the smoke is likely to continue being a problem for some time and “those with breathing-related health conditions may consider temporarily relocating.”

    The fire is burning in unincorporated St. Clair County. The Moody Fire Department responded to the fire first because it was the closest but the area is not under their jurisdiction. It has been acting with the Alabama Forestry Commission and the St. Clair County Commission to make decisions, but the agencies are looking to take more aggressive action to extinguish the flames.

    “All options are on the table,” Mulkey said. “Letting it burn itself out was one option that we looked at, but we realized that’s a pretty in-depth (fire) and we really can’t give a timeline on it.”

    There’s also the issue of who makes the ultimate decision on a plan of action and who pays for it.

    “It’s unincorporated St. Clair County, so the county commission will have a great deal of say,” Mulkey said. “As for regulatory agencies, and who’s ultimately responsible and financially responsible for this thing, that’s still a subject of some debate.”

    ADEM is primarily investigating the fire to see if violations occurred that could be prosecuted once the fire is extinguished.

    The Jefferson County Department of Health, which regulates air pollution in the Birmingham area, said it has received odor complaints, but the problem is outside its jurisdiction.

    Michael Hansen, executive director of Birmingham-area air quality group GASP, said the response from the state has been insufficient.

    “It’s absolutely unacceptable that state agencies are not doing more to protect the people from this dangerous air pollution event,” Hansen said. “We need a multi-agency state and local response to this situation.”

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  • Mississippi set to execute man for killing 16-year-old girl

    Mississippi set to execute man for killing 16-year-old girl

    JACKSON, Miss. — A Mississippi man who pleaded guilty to raping and killing a 16-year-old girl is scheduled to be put to death Wednesday evening. He would become the second inmate executed in Mississippi in 10 years.

    Thomas Edwin Loden Jr., 58, is set to receive a lethal injection at the Mississippi State Penitentiary at Parchman at 6 p.m. He has been on death row since 2001, when he pleaded guilty to capital murder, rape and four counts of sexual battery against Leesa Marie Gray.

    In a late-night ruling on Dec. 7, a federal judge declined to block Mississippi from carrying out the execution amid a pending lawsuit from Loden and four Mississippi death row inmates over the state’s lethal injection protocol. Mississippi’s most recent execution was in November 2021.

    During the summer ahead of what should have been Gray’s senior year of high school, she had worked as a waitress at her uncle’s restaurant in northeast Mississippi. On June 22, 2000, she left work after dark and became stranded with a flat tire on a rural road.

    Loden, a Marine Corps recruiter with relatives in the area, encountered Gray on the road around 10:45 p.m. He stopped and began speaking with the teenager about the flat tire. “Don’t worry. I’m a Marine. We do this kind of stuff,” he said.

    Loden told investigators he became angry after Gray allegedly said she would never want to be a Marine, and that he ordered her into his van. He spent four hours sexually assaulting her before strangling and suffocating her, according to an interview he gave investigators.

    Court records show that on the afternoon of June 23, 2000, “Loden was discovered lying by the side of a road with the words ‘I’m sorry’ carved into his chest and apparent self-inflicted lacerations on his wrists.”

    After pleading guilty in September 2001, Loden told Gray’s friends and family during his sentencing: “I hope you may have some sense of justice when you leave here today.”

    Wanda Farris, Gray’s mother, described her daughter as a “happy-go-lucky, always smiling” teenager who aspired to become an elementary school teacher.

    “She wasn’t perfect, now, mind you,” Farris said. “But she strived to do right.”

    Farris plans on attending the execution Wednesday.

    In 2015, attorneys for the Roderick & Solange MacArthur Justice Center sued the Mississippi prison system on behalf of two death row inmates, saying the state’s lethal injection protocol is inhumane. Loden and two other Mississippi death row inmates later joined as plaintiffs.

    The Mississippi Department of Corrections revealed in court papers in July 2021 that it had acquired three drugs for its lethal injection protocol: midazolam, which is a sedative; vecuronium bromide, which paralyzes the muscles; and potassium chloride, which stops the heart.

    Jim Craig, a MacArthur Center attorney, said at a November court hearing that since 2019, only Alabama, Oklahoma, Mississippi and Tennessee have conducted executions using a three-drug protocol.

    According to the Death Penalty Information Center, 27 states have the death penalty. Craig said a majority of death-penalty states and the federal government used a three-drug protocol in 2008, but the federal government and most of those states have since started using one drug.

    In November, Alabama Gov. Kay Ivey sought a pause in executions and ordered a “top-to-bottom” review of the state’s capital punishment system after a series of failed lethal injections.

    A week before Loden’s scheduled execution, U.S. District Judge Henry Wingate handed down a ruling saying the execution could happen even while the lawsuit is pending. He wrote that the U.S. Supreme Court had upheld a three-drug lethal injection protocol as recently as seven years ago in a case from Oklahoma.

    Loden’s attorneys did respond to requests for comment.

    There are 36 inmates on death row in Mississippi. Death Penalty Action, a group opposed to capital punishment, convened a news conference Tuesday in front of the state capitol in Jackson to voice their opposition to Loden’s execution.

    “Clearly, something in him snapped for him to commit such a horrific crime,” said Mitzi Magleby, a spokesperson for the Mississippi chapter of Ignite Justice, an organization that advocates for criminal justice reform. “Mr. Loden was immediately remorseful. Shouldn’t there be room for grace and mercy in such a situation?”

    Farris told The Associated Press on Friday that she forgave Loden years ago, but she did not believe his apology.

    “I don’t particularly want to see somebody die,” Farris said. “But I do believe in the death penalty. … I do believe in justice.”

    ———

    Emily Wagster Pettus contributed to this report. Michael Goldberg is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Follow him on Twitter at twitter.com/mikergoldberg.

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  • Today in History: December 12, Paris climate accord adopted

    Today in History: December 12, Paris climate accord adopted

    Today in History

    Today is Monday, Dec. 12, the 346th day of 2022. There are 19 days left in the year.

    Today’s Highlight in History:

    On Dec. 12, 2015, nearly 200 nations meeting in Paris adopted the first global pact to fight climate change, calling on the world to collectively cut and then eliminate greenhouse gas pollution but imposing no sanctions on countries that didn’t do so.

    On this date:

    In 1787, Pennsylvania became the second state to ratify the U.S. Constitution.

    In 1870, Joseph H. Rainey of South Carolina became the first Black lawmaker sworn into the U.S. House of Representatives.

    In 1913, authorities in Florence, Italy, announced that the “Mona Lisa,” stolen from the Louvre Museum in Paris in 1911, had been recovered.

    In 1915, singer-actor Frank Sinatra was born Francis Albert Sinatra in Hoboken, New Jersey.

    In 1917, during World War I, a train carrying some 1,000 French troops from the Italian front derailed while descending a steep hill in Modane (moh-DAN’); at least half of the soldiers were killed in France’s greatest rail disaster. Father Edward Flanagan founded Boys Town outside Omaha, Nebraska.

    In 1977, the dance movie “Saturday Night Fever,” starring John Travolta, premiered in New York.

    In 1985, 248 American soldiers and eight crew members were killed when an Arrow Air charter crashed after takeoff from Gander, Newfoundland.

    In 1995, by three votes, the Senate killed a constitutional amendment giving Congress authority to outlaw flag burning and other forms of desecration against Old Glory.

    In 2000, George W. Bush became president-elect as a divided U.S. Supreme Court reversed a state court decision for recounts in Florida’s contested election. The Marine Corps grounded all eight of its high-tech MV-22 Osprey tilt-rotor aircraft following a fiery crash in North Carolina that killed four Marines. (The Osprey program was revived by the Pentagon in 2005.)

    In 2010, the inflatable roof of the Minneapolis Metrodome collapsed following a snowstorm that had dumped 17 inches on the city. (The NFL was forced to shift an already rescheduled game between the Minnesota Vikings and New York Giants to Detroit’s Ford Field.)

    In 2019, British Prime Minister Boris Johnson led his Conservative Party to a landslide victory in a general election that was dominated by Brexit.

    In 2020, thousands of supporters of President Donald Trump gathered in Washington for rallies to back his desperate efforts to subvert the election that he lost to Joe Biden; sporadic fights broke out between pro-Trump and anti-Trump demonstrators after sundown, and four people were taken to the hospital with stab wounds. Charley Pride, the son of sharecroppers in Mississippi who became the first Black member of the Country Music Hall of Fame, died in Dallas at 86 from what a spokesman said were complications from COVID-19. John le Carre, the former spy whose novels defined the Cold War espionage thriller, died in England at the age of 89.

    Ten years ago: North Koreans danced in the streets of their capital, Pyongyang, after the regime of Kim Jong Un succeeded in firing a long-range rocket in defiance of international warnings. Pope Benedict XVI sent his first tweet from his new account; it read, “Dear friends, I am pleased to get in touch with you through Twitter. Thank you for your generous response. I bless all of you from my heart.”

    Five years ago: Democrat Doug Jones won Alabama’s special Senate election over Republican Roy Moore, who had denied accusations of sexual misconduct with teenage girls that allegedly took place when he was in his 30s; it was the first Democratic Senate victory in Alabama in a quarter-century, and came despite an endorsement of Moore by President Donald Trump. San Francisco Mayor Ed Lee, the city’s first Asian-American mayor, died at the age of 65 after collapsing while grocery shopping.

    One year ago: Despite critical acclaim and two years-worth of anticipation, Steven Spielberg’s lavish “West Side Story” revival made little noise at the box office, with just $10.5 million in ticket sales on its opening weekend. Veteran anchor Chris Wallace announced at the end of his “Fox News Sunday” program that he was leaving Fox News after 18 years; CNN then announced that he was joining its new streaming service.

    Today’s Birthdays: Former TV host Bob Barker is 99. Basketball Hall of Famer Bob Pettit is 90. Singer Connie Francis is 85. Singer Dionne Warwick is 82. Rock singer-musician Dickey Betts is 79. Hall of Fame race car driver Emerson Fittipaldi is 76. Actor Wings Hauser is 75. Actor Bill Nighy (ny) is 73. Actor Duane Chase (Film: “The Sound of Music”) is 72. Country singer LaCosta is 72. Gymnast-turned-actor Cathy Rigby is 70. Singer-musician Sheila E. is 65. Actor Sheree J. Wilson is 64. Pop singer Daniel O’Donnell is 61. International Tennis Hall of Famer Tracy Austin is 60. Rock musician Eric Schenkman (Spin Doctors) is 59. Author Sophie Kinsella is 53. News anchor Maggie Rodriguez is 53. Actor Jennifer Connelly is 52. Actor Madchen Amick is 52. Actor Regina Hall is 52. Country singer Hank Williams III is 50. Actor Mayim Bialik is 47. Model Bridget Hall is 45. Actor Lucas Hedges is 26. Actor Sky Katz is 18.

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  • Alabama pausing executions after 3rd failed lethal injection

    Alabama pausing executions after 3rd failed lethal injection

    BIRMINGHAM, Ala. — Alabama Gov. Kay Ivey sought a pause in executions and ordered a “top-to-bottom” review of the state’s capital punishment system Monday after an unprecedented third failed lethal injection.

    Ivey’s office issued a statement saying she had both asked Attorney General Steve Marshall to withdraw motions seeking execution dates for two inmates and requested that the Department of Corrections undertake a full review of the state’s execution process.

    Ivey also requested that Marshall not seek additional execution dates for any other death row inmates until the review is complete.

    The move followed the uncompleted execution Thursday of Kenneth Eugene Smith, which was the state’s second such instance of being unable to put an inmate to death in the past two months and its third since 2018. The state completed an execution in July, but only after a three-hour delay caused at least partly by the same problem with starting an IV line.

    Denying that prison officials or law enforcement are to blame for the problems, Ivey said “legal tactics and criminals hijacking the system are at play here.”

    “For the sake of the victims and their families, we’ve got to get this right,” she said.

    Corrections Commissioner John Hamm said the department is fully committed to the review and is “confident that we can get this done right.”

    “Everything is on the table — from our legal strategy in dealing with last minute appeals, to how we train and prepare, to the order and timing of events on execution day, to the personnel and equipment involved,” Hamm said in a statement issued through the governor’s office.

    Marshall “read the governor’s and commissioner’s comments with interest” and “will have more to say on this at a later date,” said Mike Lewis, a spokesman for the attorney general.

    The Death Penalty Information Center, an anti-death-penalty group with a large database on executions, said no state other than Alabama has had to halt an execution in progress since 2017, when Ohio halted Alva Campbell’s lethal injection because workers couldn’t find a vein.

    The executive director of the organization, Robert Dunham, said Ivey was right to seek an investigation and a pause, but any review of the system needs to be done by someone other than the state’s prison system. While Ivey blamed defense efforts for execution failures, Dunham said her “willful blindness” to the prison system’s woes were part of the problem.

    “The Alabama Department of Corrections has a history of denying and bending the truth about its execution failures, and it cannot be trusted to meaningfully investigate its own incompetence and wrongdoing,” he said.

    Earlier this year, after Tennessee Gov. Bill Lee halted a lethal injection in April because he learned the drugs hadn’t been tested as required, he ordered an independent investigation and paused all executions through the end of the year.

    Alabama’s execution of Joe Nathan James Jr. took several hours to get underway in July because of problems establishing an IV line, leading anti-death-penalty group Reprieve US Forensic Justice Initiative to claim the execution was botched.

    In September, the state called off the scheduled execution of Alan Eugene Miller because of difficulty accessing his veins. Miller said in a court filing that prison staff poked him with needles for more than an hour, and at one point left him hanging vertically on a gurney before announcing they were stopping. Prison officials have maintained the delays were the result of the state carefully following procedures.

    Ivey asked the state to withdraw motions seeking execution dates for Miller and James Edward Barber, the only two death row inmates with such requests before the Alabama Supreme Court.

    Alabama in 2018 called off the execution of Doyle Hamm because of problems getting the intravenous line connected. Hamm had damaged veins because of lymphoma, hepatitis and past drug use, his lawyer said. Hamm later died in prison of natural causes.

    Alabama should have imposed an execution moratorium after Hamm’s failed execution for the benefit of everyone, said Bernard Harcourt, an attorney who represented Hamm for years.

    “As a political matter, Gov. Ivey mentions only the victims, but these botched executions have been ordeals for the men on the gurney, their families, friends, ministers, and attorneys, and all the men and women working at the prison and involved in these botched attempts. The trauma of these executions extend widely to everyone that they touch,” Harcourt said.

    ———

    More of AP’s coverage of executions can be found at https://apnews.com/hub/executions.

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  • Former officer: Alabama ‘not in control’ of state prisons

    Former officer: Alabama ‘not in control’ of state prisons

    MONTGOMERY, Ala. — A former corrections officer on Friday compared Alabama prisons to a “third world country with a concrete floor” and said he believes federal officials should intervene in the system.

    “The Alabama Department of Corrections is not in control of any prison in Alabama and hasn’t been for a while,” Stacy George, who recently resigned after 13 1/2 years at Limestone Correctional Facility, said.

    George, who ran for governor in 2014 and 2022, spoke to reporters and relatives of prisoners outside the Department of Corrections headquarters, saying he wanted people to hear the truth about what was going on inside. George recently resigned because of complications from an injury.

    He described coming into work and seeing blood trails through the prison, inmates threatening suicide with nooses or razor blades, and staffing levels so low that made it difficult to monitor the prison or care for inmates in need.

    “We have to treat people like human beings. Everybody’s in danger — the officers, the incarcerated individuals,” George said.

    George said sometimes there would be nine officers working in the prison that houses 2,200 inmates. He said there should be about 35. “There could be people bleeding to death in the cell and nobody even know it for hours,” George said.

    George, a Republican, said he believes politics contributed to overcrowding. Politicians and judges seek lengthy prison sentences for offenders, he said, while there is political pressure to keep parole rates low.

    George said he hopes federal officials will intervene in the system. George said conditions have rapidly deteriorated in recent months. Department reports show the number of security staff decreased from 2,177 on Oct. 31, 2021 to 1,879 on June 30.

    Alabama inmates in September went on a work strike to protest conditions in the state’s lock-ups, refusing to labor in prison kitchens, laundries and more.

    The Alabama Department of Corrections, in a statement to al.com, said it could not comment on George’s statement about staffing numbers

    “Staffing is the subject of ongoing litigation and court orders,” the ADOC said. “Additionally, disclosure of specific staff numbers at a facility creates the risk of a security issue. For these reasons, the Department is unable to comment on specific staff numbers and/or implications.

    “However, the Department is actively engaged in a number of initiatives aimed at recruiting and retaining correctional officers and other facility staff, including medical and mental health staff. The focus on staffing of facilities is a Departmental priority.” The state has raised officer pay but continues to struggle with staffing.

    The U.S. Department of Justice has an ongoing lawsuit against Alabama over prisons it says are “riddled with prisoner-on-prisoner and guard-on-prisoner violence.”

    The lawsuit accuses Alabama of operating prisons where conditions are so poor they violate the U.S. Constitution’s ban on cruel and unusual punishment. While Alabama has acknowledged problems in state prisons, the state is disputing the Justice Department’s allegations of unconstitutional conditions and is fighting the lawsuit in court.

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  • Attorneys: Inmate endured ‘torture’ during execution attempt

    Attorneys: Inmate endured ‘torture’ during execution attempt

    MONTGOMERY, Ala — An Alabama inmate said prison staff poked him with needles for over an hour as they tried to find a vein during an aborted lethal injection last month. At one point, they left him hanging vertically on a gurney before state officials made the decision to call off the execution.

    Attorneys for 57-year-old Alan Eugene Miller wrote about his experience during Alabama’s Sept. 22 execution attempt in a court filing made last week. Miller’s attorneys are trying to block the state from attempting a second lethal injection.

    Two men in scrubs used needles to repeatedly probe Miller’s arms, legs, feet and hands, at one point using a cell phone flashlight to help their search for a vein, according to the Oct. 6 court filing. The attorneys called Miller the “only living execution survivor in the United States” and said Alabama subjected Miller “to precisely the unnecessary and wanton infliction of pain that the Eighth Amendment was intended to prohibit.”

    Alabama has asked the state Supreme Court to set a new execution date for Miller, saying the execution was canceled only because of a time issue as the state faced a midnight deadline to get the lethal injection underway.

    “Despite this failed execution, the physical and mental torture it inflicted upon Mr. Miller, and the fact that Defendants have now botched three lethal injection executions in just four years, Defendants relentlessly seek to execute Mr. Miller again—presumably by lethal injection,” attorneys for Miller wrote, referencing an execution that was canceled and another that took three hours to get underway.

    “What then, in Defendants’ view, is a constitutional amount of time to spend stabbing someone with needles in an attempt to kill them?” his attorneys wrote.

    The 351-pound (159-kilogram) inmate testified in an earlier court hearing that medical workers always have difficulty accessing his veins, and that is why he wanted to be executed by nitrogen hypoxia, a newly approved execution method that the state has yet to try.

    Miller said he was led into the execution chamber at 10 p.m., about an hour after the U.S. Supreme Court lifted an injunction that had been blocking the lethal injunction, and was strapped to the gurney at about 10:15 p.m.

    After the two men used needles to probe various parts of his body for a vein, also using a phone flashlight to help, Miller told the men, “he could feel that they were not accessing his veins, but rather stabbing around his veins.” Later, a third man then began slapping his neck in an apparent attempt to look for a vein.

    The three men in scrubs stopped their probing and left the chamber after there was a loud knock on a death chamber window from the state’s observation room, according to the court filing. A prison officer then raised the gurney to a vertical position. Miller said the wall clock read 11:40 p.m. and he estimated that he hung there for about 20 minutes before he was let down and told that his execution was cancelled for the evening.

    “Mr. Miller felt nauseous, disoriented, confused, and fearful about whether he was about to be killed, and was deeply disturbed by his view of state employees silently staring at him from the observation room while he was hanging vertically from the gurney. Blood was leaking from some of Mr. Miller’s wounds,” the motion stated.

    Miller was sentenced to death after being convicted of a 1999 workplace rampage in which he killed Terry Jarvis, Lee Holdbrooks and Scott Yancy.

    “Due to the lateness of the hour, the Alabama Department of Corrections was limited in the number of attempts to gain intravenous access it could make. ADOC made the decision to halt its efforts to obtain IV access at approximately 11:30 p.m., resulting in the expiration of the court’s execution warrant,” the state attorney general’s office wrote in the request for a new date.

    This is at least the third time Alabama has acknowledged problems with vein access during a lethal injection. The state’s July execution of Joe Nathan James took more than three hours to get underway. Alabama called off the 2018 execution of Doyle Hamm after being unable to establish an intravenous line.

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