Attorneys File Motions To Dismiss and Motion To Recuse In Raid Of Center Stage

Rickey Stokes

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Posted by: RStokes
Date: Aug 24 2012 4:04 PM

HOUSTON COUNTY: Attorneys in Houston County filed late this afternoon two filings in Circuit Court in the case State of Alabama by and through Attorney General Luther Strange attempting to take $ 283,657.68 in U.S. Currency.

The case filed by Attorney Ernie Hornsby and Ashton Ott of Farmer, Price, Hornsby and Weatherford, LLP and William White of Parkman and White, LLC filed the court action claiming the money seized and computer equipment belonged to the Houston County Economic Development Authority ( HEDA ). They have asked for the forfeiture of the money proceeding be dismissed and returned to HEDA.

Primarily the Motion To Dismiss action filed cites the lack of jurisdiction over HEDA, Insufficiency of Service of Process, Failure To State A Claim on Which Relief Can Be Granted. The Demand For Relief says Strange should not be “rewarded for its manipulation of the Alabama Rules of Civil and Criminal Procedure” and the action filed should be dismissed.

Attorney General Luther Strange and Twentieth Judicial Circuit District Attorney Doug Valeska went to Fairhope where the Judge’s were in a Judicial Conference seeking out a particular Circuit Judge to sign a search warrant for Center Stage. Following the signing of the search warrant certain paperwork is required to be filed with the courts within 10 days of the signing of the search warrant. To date the Attorney General’s Office has failed to file the affidavit for the search warrant with the Houston County Circuit Clerk.

Motion To Recuse

After the filing of the Motion To Dismiss the attorney’s filed a Motion to Recuse. The case is currently assigned to Circuit Judge Larry Anderson. The search warrant signed in Fairhope Alabama was signed by Circuit Judge Mike Conaway.

In a letter dated December 11, 2009 from the Judicial Inquiry Commission to then Presiding Judge Brad Mendheim, the commission cites reasons for recusal of then all Circuit Judges in the Twentieth Judicial Circuit. At the time of the filing the Circuit Judges serving were Judge Ed Jackson, Judge Lawson Little, Judge Larry Anderson and Judge Butch Binford.

Currently serving as Circuit Judges in the Twentieth Judicial Circuit are Judge Larry Anderson, Judge Mike Conaway, Judge Kevin Moulton, Judge Butch Binford and Judge Brad Mendheim. Judge Conaway, Moulton and Binford were all appointed to the Judge position by former Alabama Governor Bob Riley.

The motion seeks the recusal of all sitting judges of the Twentieth Judicial Circuit.

Attorney General Luther Strange and District Attorney Doug Valeska

In the hours before former Alabama Governor Bob Riley left office and Attorney General Luther Strange took office, Riley took from the citizens of Alabama $ 7.9 million dollars badly needed for the BP recovery of the Gulf Coast. Riley put the money in the Attorney General’s Office earmarked specifically for fighting electronic bingo.

When Strange, Riley and Sonny Regan’s hands were caught in the “oil barrel” the money was returned.

District Attorney Doug Valeska participated in the “illegal gustapo type raid” of Country Crossings by then Governor Bob Riley and Gambling Task Force Czar John Tyson. No law enforcement officer in their right mind would have ever dreamed that 130 Alabama State Troopers would have hit Country Crossings without a search warrant. It was a scene from the Natzi Germany Gustapo life seeing all of those Stormtroopers invade a persons property through intimidation.

Even the stormtroopers who had no choice but were under orders from above were amazed when they found out no search warrant existed. Some thought how could their leaders order them to participate in such a gustapo style scene. ( The Troopers are respected it was their leadership that were stupid ). And Doug Valeska participated with the leadership!

And once again District Attorney Doug Valeska sided with Attorney General Luther Strange and raided Center Stage. Valeska and Strange are working to take the $ 283,657.68 from HEDA.

Refusal For Interview

The day following the raid of Center Stage I asked for an interview with Alabama Attorney General Luther Strange. Strange called a press conference on August 8^th and we did not get an invitation.

We then requested another interview and we were declined a interview.

I stand by my position that Luther Strange does not have the courage to answer questions from me.

We will keep you updated as this case moves forward.

Motion to Dismiss Center Stage 082412

Motion to Recuse Center Stage CV 2012 900266