As I’ve said, it’s sometimes hard to keep all the dates in order as I’m working on the timeline. In Part 7, I went through December, but forgot one very important event in November.
November 23, 2023
Alabama Association of School Boards Executive Director Sally Smith sent out an email to members. The subject was “AASB’s LAF to assist in defense of Escambia County school board member”
The email read: The AASB Legal Assistance Fund (LAF) will assist in the defense of an Escambia County school board member facing an impeachment charge for “willful neglect of duty” under the School Board Governance Improvement Act.
AASB is extremely concerned about the timing of this action, which follows a recent vote of the board on the superintendent’s contract and appears to be a blatant misuse of the School Board Governance Act.
The LAF assists members involved in court cases of statewide significance and that are of common interest to school boards. We will vigorously defend the ability of Alabama’s school board members to make difficult — and sometimes unpopular — decisions without undue influence or fear of retaliation.
January 22
Don and I received an invitation to speak at a symposium April 19-21 at the University of California, Berkeley on the threats to local investigative journalism, our investigations into the Board of Education and subsequent arrests. Later that day, I sent her an email to respectfully decline since we had not had our first court date and had no idea how long we would be tied up in legal proceedings.
January 24
Judge Ben Fuller set a scheduling conference and hearing for any pending motions for February 26. The next day, Don and I received an email from attorney Earnie White’s office that both of us would need to attend.
February 12
I picked up paperwork at Earnie’s office to take to the jail. I didn’t know I was going to be arrested again. (I’ve written about this in a previous article.) When I finished mug shots and fingerprints at the jail, I had to go to the courthouse and pay a $35 bond filing fee.
February 13
Cierra White (Earnie’s law partner and daughter) filed a motion to dismiss the grand jury charges – “in violation of the First Amendment of the United States Constitution.”
Week of February 13
I received a notice to report for jury duty. I couldn’t believe it. It was almost laughable. It’s a random selection but still …
On February 19, I submitted the online jury duty information as required.
February 21
I met with Earnie and Cierra at their office.
February 21 late afternoon
Steve Billy recused himself from the grand jury case.
His grounds:
1) That the District Attorney has both a legal and a personal conflict;
2) Justice would best be served.
February 22
Steve Billy filed a motion to dismiss the impeachment case.
His grounds:
1) That to date the Defendant has been indicted for other felony offenses which upon conviction, would disqualify her from holding public office;
2) That a successful prosecution of her pending felony cases would have the same result as impeachment;
3) That the ends of judicial economy would best be served, as time and resources would be more wisely and efficiently used if this matter was dismissed;
4) That justice would best be served.
February 22
Judge Fuller granted the motion to dismiss the impeachment charge with prejudice
February 23
Don and I met with Earnie.
February 23
Judge Ben Fuller granted the state’s motion to continue the hearing and scheduling conference set for February 26. It would be rescheduled when a replacement prosecutor was appointed or assigned to this case by Attorney General Steve Marshall.
February 23
I went to the courthouse and talked with someone about getting my jury duty cancelled at this time. It was cancelled for the upcoming jury session.
February 26
Court was postponed.
Closing comments:
- In the AASB email to board members across the state, Sally Smith mentioned “unpopular” decisions. Indeed, those sitting on any board, commission, or council table are bound to make some “unpopular” decisions as they vote. However, my vote on the matter of the contract extension was popular with employees in the school system. It may have been unpopular with people outside the system, but they were not my concern.
- I can’t say enough about the support I received from the Alabama Association of School Boards. Fortunately, I didn’t need the Legal Assistance Fund, but I appreciated knowing it was there.
- When I do get called for jury duty again, I hope I get selected for the grand jury. Pretty sure that won’t happen.
- I often mention attorney Earnie White, but I need to note here that his daughter and law partner Cierrra was often in on our conversations and was working on our behalf as well. They were both great to work with. And if you think that’s a free plug for White & White, Attorneys at Law in Brewton, you would be correct.
- So many of you have asked me through the months, “What was this all about anyway?” Well, in my opinion and in the opinion of many others, these actions were taken to get Cindy Jackson and/or me to step down from the school board. That way, the three board members who were so adamant about keeping the former superintendent in her position could possibly have someone appointed who would vote with them.
If there was any doubt about the motive behind all this, note the February 22 entry when the DA filed a motion to dismiss the impeachment case. If I had been convicted on other felony charges, that conviction “would disqualify her from holding public office.”
And that was the crux of the matter – to keep me from holding my seat on the school board. - God is faithful.
To be continued.