Motion Hearing Date Set In Center Stage Case Filed By Luther StrangeRickey Stokes
Posted by: RStokes
Date: Mar 13 2013 11:39 PM
HOUSTON COUNTY: In the case of Luther Strange, Alabama Attorney General verses Center Stage, in a civil forfeiture action, a hearing date has been set.
The case is scheduled before Twentieth Judicial Circuit Judge Mike Conaway. Judge Conaway has set a hearing date of March 21, 2013 at 1:30 PM to hear the outstanding motions in the case. At this time we do not have a list of the outstanding motions which will be heard.
The case stems from the search warrant signed by Judge Conaway allowing Alabama Attorney General Luther Strange to execute a search warrant for Center Stage. In the search Strange seized money and machines from Center Stage.
While the Attorney General says the operation is illegal, he has yet to file any criminal charges in the case. However he is working for a civil forfeiture of the machines and the equipment. This is a way to circumvent his having to prove the legality of the machines. We have to only take the politicians words because he can't put up or shut up in a criminal proceedings.
All of the Judges recused themselves from the case, except for Judge Conaway. Appointed by Governor Bob Riley and interviewed by Sonny Reagan, the prosecutor from the Attorney General in this case, the defendant's sought to have Judge Conaway removed from hearing the case. Judge Conaway refused to recuse himself. The defendants carried the case to the Alabama Supreme Court.
Alabama Attorney General Luther Strange in and through Sonny Regan fought the removal of Judge Conaway and wanted him to stay on the case. The Alabama Supreme Court denied to the motions of the defendants and allowed Judge Conaway to remain on the case. The Supreme Court of Alabama gave no guidance, just denied the motion of the defendants.
A motion to reconsider was filed but the Alabama Supreme Court denied the motion for the second time.
Now Judge COnaway has set a March 21 court hearing date. The time is 1:30 PM and the location is the fourth floor of the Houston County Courthouse.
Alabama Attorney General Office
While the Alabama Attorney General's Office opposed the recusal of Judge Conaway, they filed motions in Greene County for the recusal of the Greene County Judge. Their motion to recuse was much like the Center Stage motion. This motion was granted and a Jefferson County Judge was assigned to handle the case. That Judge issued a search warrant for Luther Strange and allowed a raid of Greene Track.
Following the raid and presentation of the case by the Attorney General, the Jefferson County Judge ruled the Attorney General's Office had lied, misrepresented the truth and had an expert witness that was no expert witness. The Jefferson County Judge in the Greene County case ordered all machines returned to Greene Track. They are up and operating today.
The Attorney General sought a search warrant in Macon County for Victoryland. When they were refused the Attorney General filed under seal an appeal to the Alabama Supreme Court. In a surprise move ( only to those who do not know them ) the Supreme's ordered the Macon County Judge to issue a search warrant. One was issued but only after the judge wrote on the search warrant that he was forced. The Alabama Supreme Court issued a 46 page opinion. The Attorney General cited it a victory. However, the Alabama Supreme Court is not a court which tries the facts and takes testimony. The Attorney General won a one sided battle and the defendants were not allowed to present their case.
Alabama Supreme Court
The Alabama Supreme Court is not a court like we normally think of. The Alabama Supreme Court is not a court where witnesses are placed on the witness stand under oath and they hear testimony. They are a court that reviews records, transcripts of testimony taken in Circuit Court. The Supreme Court does not hear the facts of the case concerning the issue at hand. That is only done in the Circuit Courts.
In fact, something I learned from Retired Circuit Court Judge P.B. McLaughlin. The only person in Alabama with the authority to sentence a person to the Alabama Prison system is that of a Circuit Judge. No other person or Judge has that authority, to include the Alabama Supreme Court Justices.
So to get to the point...if Alabama Attorney General Luther Strange could not win a one sided battle with no opposition, then he would be pretty poor. So the fight was one sided and no testimony was taken at the trial level.
Refused A Search Warrant In Houston County
When Bob Riley was Governor and Mobile County District Attorney John Tyson was appointed the Czar ovver Gambling in Alabama, all Houston County Judges recused themselves from the case. A special Judge was appointed from Crenshaw County. That Judge refised to issue a search warrant for what was then Country Crossings.
When Tyson and Riley could get no search warrant issued, that is when they dispatched 130 Alabama State Troopers to Houston County to intimidate Country Crossings into closing. Tyson had no search warrant which surprised the 130 Alabama State Troopers who were ordered to come to Houston County. When it was later learned they had no search warrant the Troopers were ordered from the property.
Tyson and Riley then ordered a surveillance vigil of intimidation across the street to keep them closed through communistic tactics rather than the rule of law.
Governor Bentley has lied to get elected
Alabama Governor Robert Bentley said at Dobb's BBQ when he was seeking election as Governor he thought the people of Alabama needed to vote on the issue. he got elected.
Governor Candidate and the Bob Riley choice Bradley Byrne said the people did not need to vote on the issue. Bryne got beat.
Governor Candidate Ron Sparks said if he was elected Alabama would have electronic bingo. Sparks got beat.
Bentley said the people needed to vote on it. He got elected and then can not remember what he said!!! Usual politician!!!