Jackson Jambalaya

Crime stats for Jackson have not been updated since January 2, 2011 and only twice since November.

Jackson major crimes overview for week ending January 30, 2011.

Jackson crime maps for week ending January 30, 2011.

City of Madison crime reports through Febuary 7, 2011.

Reader posted this on the JJ Facebook wall this morning:

"thanks Jackson PD for making the biggest mess on Lakeland this morning! Traffic light out at Ridgewood Rd, so they put out portable stop signs instead of getting out of their cars and directing traffic! According to Flowood PD, traffic is backed up to Hwy 471. Jackson's finest."

True?

Then there is this blog post from a writer at the Mississippi Business Journal thinking aloud that maybe the state should take over Jackson. One can imagine the squeals from the Kaze crowd if they read this piece.

Update: Here are some photos of Courtney Ann Jackson and Morgan Miller. Ms. Miller is supersmart by the way, she is a graduate of Cornell.













Update: Sorry, had to reset poll again. Idiot here accidentally left off Katina Rankin. My fault.

Well, it's that time of year again: The Hottest Reporter in Jackson poll. Pretend you are Ike Brown. Vote early and often. No qualifications required to vote here, so you don't have to do a Ruth Ice and forge some signatures, either. Seriously, all of these reporters are underpaid and overworked. They work long hours, take alot of abuse from those they cover, especially from politicians. Most of them are fresh out of school, scrapping and learning their trade, hoping they can improve enough to move on to a bigger market. It's a tough job and if anything, they are under appreciated. Lindsey Slater of Fox40 is the defending champ. Will she be the first repeat winner? Will this year's winner actually finish out her reign? I've also made it a little tougher: I added Linda and Marsha to the mix. This is like Dragonball Z and the Cell Saga: just keeps getting tougher and tougher. Remember to keep the comments nice.

































































































































From left to right, top to bottom:
Jewel Hillary (WLBT), Megan West Allen (WAPT)
Mary Burkett (WJTV), Julie Straw (WLBT) & past winner Monica Hernandez
Elizabeth Crisp Dellinger & Hubby (CL), Lindsey Slater (Fox40)
Mary Burkett (WJTV), Lacey McLaughlin (JFP)
Megan West, Katina Rankin (WLBT), Morgan Miller (WJTV)
Tracy Ambruster (WJTV), Lindsey Slater, Katina Rankin
Lindsey Slater, Sharita Erves (WAPT)
Barbie Basset (WLBT), Stephanie Maxwell (WAPT), Meg Pace (WAPT)
Ashley Conroy (WLBT), Linda Allen (WJTV), Melissa Faith Payne (WJTV)
Marsha Thompson (WLBT), Julie Straw
Laura Britt (Fox40), Barbie

I've had it. Reading through lost pet ads on Craig's list is heartbreaking at first, then maddening when you realize how much heartache could be prevented and how many pets would be protected IF THEIR OWNERS WOULD GET NAMETAGS!!!

Its not that hard people. Go to friggin' Petsmart. Less than ten bucks and five minutes you can have a tag on the spot made with your name and phone number that goes on your pet's collar. Yeah, I know, get the chip. Well, if its late at night when your pet gets out, think of the hours of heartache saved because the person finding your pet didn't have to wait until a vet was open. Don't want to go out to Petsmart? Go by Briarwood. Less than ten bucks for a name tag and you get it in the mail two to three days later. Order one online. There are numerous websites that ship nametags to you. If you're going to have a pet, there is NO excuse for not getting a nametag for the collar. This PSA is brought to you by Sonjay Poontang.

has an interesting work he wrote called H.O.P.E., How to Slay a Dragon's Little Brother on his blog you might want to check out.

The issue of the Hatch Act reared its head when Public Safety Commissioner Steve Simpson announced he is running for Attorney General and was earlier mentioned in a newspaper article covering the Madison County Sheriff's race. The Hatch Act prohibits government employees from running for public office. The question that usually arises is whether state or local government employees are covered by the law. The Office of Special Counsel states on its website a covered employee is:

"An officer or employee of a state or local agency is subject to the Hatch Act if, as a normal and foreseeable incident of his principal position or job, he performs duties in connection with an activity financed in whole or in part by federal funds. Coverage is not dependent on whether the employee actually administers the funds or has policy duties with respect to them. However, an employee may have other duties in connection with federally funded programs or activities, and thus may be covered by the Hatch Act, even though he does not apply for or administer federal loans or grants or have any authority or discretion over the federal funding." Special Counsel FAQ's, Federal Law

Considering how many local law enforcement agencies receive federal dollars for communications systems, Homeland Security, anti-drug programs, and supplementing salaries, the Hatch Act probably applies to some or all of those who have filed qualifying papers for the Madison County Sheriff election: Ridgeland Police Chief Jimmy Houston and Madison County Deputies Randall Tucker, Brad D. Harbour and Mark Sandridge. The Madison County Journal attempted to address this issue in a January story when it asked Chief Houston about the Hatch Act:

"There are federal statutes in the "Hatch Act" that prohibit certain city employees from running for public office while serving in an appointed position that receives federal funding in any way.

However, Houston points to several opinions from the state Attorney General's office that allowed similar situations where a police chief ran for sheriff.

"I cannot campaign while on duty and I can't utilize anything that belongs to the city while trying to get elected," Houston said. "I'll be very careful to maintain that and I believe there is enough time nights and on weekends between now and Aug. 2 to run for sheriff.

"I assure you the city of Ridgeland and its citizens will no be hurt by me running for sheriff," he continued. "I take my job very seriously."

It would have been interesting if Mr. Watson had actually cited some actual opinions because a quick review of several opinions does not support Mr. Houston's claim. The Attorney General stated in Opinion No. 2009-00425 (2009):

"The Hatch Act is a federal law under the jurisdiction of the Office of Special Counsel. We do not interpret federal law by way of an official opinion.

Generally, the Hatch Act restricts political activity of individuals principally employed by state, county, or municipal executive agencies who work in connection with programs financed in whole or in part by federal loans or grants. State and local employees may be candidates for the public office in nonpartisan elections.

Whether an individual is covered by the Hatch Act and whether a covered employee has violated the Hatch Act must be determined by the Office of Special Counsel." (The AG emphasized this last sentence.)

If there is one consistent theme in requests for AG opinions about the Hatch Act for decades, it is the Attorney General does not interpret federal law and refers all questions to the Office of Special Counsel although Mike Moore did state in 1995: " Also, municipal employees covered by the federal Hatch Act would be prohibited from being candidates in partisan elections."(Opinion No. 95-0338 in 1995). One opinion even states an employee can avoid violation in a non-partisan special election for Alderman but ironically would have to resign to run for re-election since it would be partisan with party primaries. A 1979 opinion declines to interpret the Hatch Act when a police officer asked if it allowed him to run for Sheriff.

Thus it is very interesting Mr. Houston points to several AG opinions according to Mr. Watson when the Attorney General specifically and repeatedly states his office will not interpret federal law. Since we are discussing the interpretation of the Hatch Act, lets take a look not at what the Mississippi Attorney General thinks but instead at what the U.S.Office of Special Counsel thinks. The Counsel says covered employees can not even take a leave of absence:

"f you are covered by the Hatch Act, taking a sabbatical or leave of absence will not allow you to be a candidate in a partisan election. State and local employees subject to the Hatch Act continue to be covered while on annual leave, sick leave, administrative leave, furlough or any other paid or unpaid leave.

So much for campaigning while "off-duty". The Hatch Act will not allow a covered employee to campaign at all or run for office while an employee regardless of whether he is off-duty or not "on the clock". Period. The Special Counsel has a few more things to say about the application of the Hatch Act :

"If my candidacy is found to be in violation of the Hatch Act, can I relinquish the duties that cause me to be covered by the Hatch Act, and thus negate my violation?

Answer: No. A person is in violation of the Hatch Act when, at the time he engaged in prohibited conduct, he was covered by the Hatch Act. It has been held that candidacy begins when preliminary steps are taken to establish a candidacy, not just when a formal announcement is made. For example, canvassing voters, polling for name recognition, or meeting with campaign managers are preliminary steps taken that would be viewed as candidacy for purposes of the Hatch Act (even if a formal candidacy is not declared). If such steps are taken by someone who is covered by the Hatch Act, a violation of the Act will have occurred. A change in duties at a later time will not negate the already existing violation."

One 2010 law review article blasted the Hatch Act for creating the dilemma for potential candidates who just happen to be local government employees:
"It happens prior to every election. An employee of a local or state government agency decides to run for political office on the employee’s own time only to find out that he will lose his job if he actually files to run for office. What would have been an election fight turns into an employment dispute. Some choose to withdraw their candidacy, some choose to continue their race at the expense of their day job, while some are given no choice at all. The covered employees are put in this position because of a federal law called the Hatch Act.1 The Hatch Act’s coverage of state and local government employees often comes as a surprise to those involved because the statute does not provide clear notice regarding who and what is actually covered.2 Even if the potential candidates are aware of federal grants coming into an agency, they think of themselves as state)not federal)employees and do not necessarily realize that federal grants make state employees answerable to the Hatch Act."

All four candidates thus might be in violation of the Hatch Act. Regardless of whether a violation has occurred, and it is the opinion of this writer such violations have probably taken place, the law is clear that if they want to run for Sheriff and if federal dollars are connected to their jobs or they oversee the administration of federal money, then they have to resign if they want to run for Sheriff. The question will be the nexus of their respective positions to federal money.

Olga's WILL OPEN TONIGHT!!! Cabin fever? Don't want to cook or no power? No problem. Come to Olga's and take a break. The bar WILL be open as well. ;-)

Tomorrow night from 7:30 to 10:30: Hunter Gibson. Reservations available.

This post is a paid advertisement.

Ms. Crisp's Clarion-Ledger blog post on beer politics. No conspiracy theories Elizabeth, we are just following the money is all.

City of Madison crime reports through February 1, 2011.

Crime reports for Jackson have not been updated since January 2, 2011.

The Rez News blog reported a few weeks ago that engaging in door to door sales in Rankin County is illegal without a permit or if the activity is not covered by several exemptions in the law. The law exempts civic organizations, school activities, and religious organizations. The Rankin County Sheriff's office arrested several people when complaints were made (Just call the RCSO). Scuttlebutt is the people arrested were from out of state and had criminal records. Props to Pennington's office for taking action.

One thing apparently illegal under the ordinance is the practice selling puppies from the side of the road illegal without a permit. The ordinance states transient business sales are "the sale of any item with such sales being temporary or seasonal, not conducted from an established building, and those items sold "door to door". The law only applies to the unincorporated parts of Rankin County. Post and copy of ordinance.

The Reeves campaign sent out a press release this afternoon announcing his candidacy for Lieutenant Governor:

"Mississippi Treasurer Tate Reeves will launch a statewide tour next week to announce his campaign for Lieutenant Governor.

The initial announcement tour will include ten stops throughout the State of Mississippi to take place Monday, February 7th through Wednesday, February 9th. More campaign events will be held in cities across the state in coming weeks.

“I’m running for Lt. Governor to fight for policies that will make our state the best place for small businesses and entrepreneurs to expand their businesses, innovate and create jobs,” said Reeves. “We need an outsider as Lt. Governor – someone with a private sector background who has training in economics and experience managing money. As Lt. Governor I will continue to act as a watchdog for taxpayers and will always put Mississippi first. My top priorities will be improving public education, making state government more efficient and accountable and creating the best possible environment for creating new jobs and economic growth.”

The initial statewide announcement tour will begin in Tate Reeves’ hometown of Florence at the Florence Middle School gym and will continue through Olive Branch, Tupelo, Leland, Pascagoula, Meridian, Columbus, Magee and Laurel.

Detailed information on the times and locations of tour stops is attached.

Paid for by Friends of Tate Reeves / www.TateReeves.com"



Tip to Mr. Reeves: If you're going to do this, do it right. Sell t-shirts, you know,the black ones you see at every Van Halen or Aerosmith concert? Something like that.

Kimberly Ray accused Ridgeland attorney Vann Leonard of stealing proceeds from a life insurance policy meant for her after her husband died in a lawsuit filed in Madison County Circuit Court on January 20, 2011.

Ms. Ray's husband, Dr. Craig Thomas,died in 2009. Ms. Ray retained Mr. Leonard to manage the estate and all related legal matters. Ms. Ray claims in her petition Mr. Leonard received a "large sum of money on behalf of Ms. Ray" and "refused" to give her the money. The lawsuit charges Mr.Leonard with several counts, including fraud and conversion.

If you are a health care provider suffering from problems with the MississippiCAN program, feel free to email me at kingfish1935@gmail.com. Yes, I know you fear retaliation from the Division of Medicaid, and with good reason, but all information will be kept confidential.

Yes, Claiborne did show up today although Judge Ellington ruled he will have a hearing on motion for default judgment filed by Travelers in two weeks. Looked all pretty in his dark suit, red tie, and pretty boy hair although his lawyer, Tal Braddock, did his best to imitate Gaius Baltar in one of his goofy pin-stripe suits. Don't think it will get a Six for him from the way he looked.

Update: JJ reported recently on the conviction last summer of Kimberly Miller, a branch manager for Regions Bank in Ridgeland, for embezzling nearly $60,000. JJ can now report it has confirmed she was embezzling for the Fraziers.

No compensation has been received by Miller, Anhueser-Busch, any of their distributors, agents, or representatives. Hell, I wish they would. ;-)

Campaign finance reports were turned in yesterday and that means we can see how much money the beer lobby (Anheuser-Busch/Southern Beverage/Clay Firm/Capitol Advocacy Group/Capitol Resources Group) spent in 2010.

Capitol Advocacy Group, the creation of lobbyist Beth Clay, received $30,000 in donations and spent $26,950. Anheuser-Busch donated $5,000 to CAG while the Clay Firm gave $25,000. It should be pointed out Anhueser-Bush pays Ms. Clay $90,000 a year so there is a chance some of the AB money is funneled to CAG through Ms. Clay's retainer.

CAG doled out quite a bit of money to Mississippi politicians in 2010. The biggest recipient was Tate Reeves, State Treasurer and candidate for Lieutenant Governor: $5,750. The rest of the donations are:

Tate Reeves: $5,750
Stacy Pickering: $3,000
Merle Flowers: $1,000
Doug Davis: $1,000
Jack Gordon: $1,000
Joe Warren: $1,000
Johnny Stringer: $1,000

There were many donations made for $500 and $250. Dean Kirby, Billy Hewes, nor Phil Bryant received any donations from CAG in 2010. However, that is not to see the Senate Finance Committee Chairman did not receive any beer money in 2010. Anheuser-Bush gave Mr. Kirby $1,000 and the Clay firm donated another $2,500. It is also important to note Southern Beverage paid Capitol Resources Group (Super-lobbyist Clare Hester and John Lundy) $60,000 and supper-lobbyist Clifford Thompson $6,750. Southern Beverage's spending on lobbyist skyrocketed from less than $10,000 a year before 2007 to nearly $70,000 a year since 2007. Beer money......it just keeps flowing and flowing......

Local attorney Vann Leonard's guilty plea and waiver of indictment has been rescheduled for February 24, 2011. It was supposed to take place yesterday but was postponed. There is no information as to what charge Mr. Leonard is pleading guilty.

The WSJ ripped Newt Gingrich in an editorial for his brazen defense of ethanol subsidies in an effort to get votes in Iowa and then provides a history lesson on Mr. Gingrich's not-so-conservative past. Editorial. Its worth reading and contains some gems. Enjoy.

Update: Municipal Election Commission or whatever it calls itself won't hold a hearing and rejected the petition. No word if the Whitwell campaign will go to court.

Update: Something definitely is not adding up. Here are documents with actual signatures of Ronald Potter. Compare them to the signatures from Ms. Ice's qualification papers posted below.



















Original post (January 30, 2011):

The Quentin Whitwell campaign is filing a petition challenging the qualifying papers filed by attorney Patricia Ice for the Ward 1 City Council election. Brent Southern, Attorney for the Whitwell campaign, is including this letter to the City Clerk with the petition (petition is posted below):

Ms. Brenda Pree
City Clerk
219 South President St.
Jackson, MS 39205

RE: Special Election for Jackson City Council, Ward 1; Certification of Candidates

Dear Ms. Pree:

I understand that Ms. Patricia Ice has submitted paperwork seeking to qualify for the Special Election for the Ward 1 Council Seat set for February 15, 2011. As you know, part of the process to qualify for this Special Election is to submit a petition with a minimum of 50 original signatures of voters in Ward 1.

It has come to my attention that the Petition submitted by Ms. Ice may not contain the requisite signatures, thereby making her ineligible to participate as a candidate for this position. Enclosed please find the Petition of Quentin Whitwell which outlines some of the potential problems with Ms. Ice’s submission.

I wanted to alert you to this situation before the ballot is certified and before unnecessary expense is incurred in preparation for the Special Election. As such, with the submission of this Petition, I ask that the process be suspended and no further action be taken until such time as the issues raised can be addressed.

If you have any questions, feel free to call me.

Sincerely,
　
Brent E. Southern

BES/
cc: Hinds County Election Commission
Jackson Municipal Election Commission


Here are some of the signatures in question. Check out this one from Maude Wright. The one on the left is a copy made of the qualifying papers. The one on the right is from a prior voter sign-in sheet:





See a problem? Here is another one:





Just one problem: Spouses can't sign for each other in these matters. There are some other questionable signatures and Y'all Politics has further commentary on them, but I think the case is weaker on those signatures. These are the two main ones that are questionable and if they are rejected, then Ms. Ice will be disqualified from the race.


Here is a copy of the petition:





No contributions have been made to the Whitwell campaign. Mr. Whitwell's campaign purchased advertising on this website. The Ice campaign is more than welcome to contact this site at kingfish1935@gmail.com and purchase advertising. JJ is an equal-opportunity offender.

Don't forget you have a hearing tomorrow in bankruptcy court in Jackson, MS at 2:30 PM. Since you've had a problem appearing at hearings lately, I thought you'd appreciate the notice since you don't seem to get your mail.

The Mayor had this to say about the Jackson School Board in today's Clarion-Ledger:
"But "the mayor cannot dictate to the school board," Harvey Johnson said. "Never has, never will."

Really? That is the problem, Harvey. You appoint members and wash your hands of anything pertaining to Jackson Public Schools. That is why they are a joke. There is no accountability for the board. Citizens have no input, no chance to make things right at the ballot box. See Harvey, if you were a leader and not a machine politician, you would copy the original Kingfish and have the undated, signed resignation letters of every single board member you appoint and hold them responsible for public education in Jackson. Maybe its time to remove the power to appoint school board members from the Mayor and instead start electing them.

Guilty plea of Vann Leonard scheduled for tomorrow has been cancelled until further notice.

Clarion-Ledger reporter Elizabeth Crisp attempts to shed some light on the beer debate:

"This year, the legislature will consider a few bills that aim to increase the flow – so to speak – of beer in Mississippi.
But as they have in years past, it seems those bills are again heading toward failure.
Despite what appears to be an overwhelming support for the legislation among business owners and consumers, lawmakers are still hesitant to take up bills that appears “pro-alcohol” in a state where blue laws are the norm....

Many, including Republicans Sen. Dean Kirby and Lt. Gov. Phil Bryant, seem hesitant to even put the issue up for a vote in committee or on the floor.
So what are your thoughts on the beer issue?" blog post

The political reporter for the state newspaper might try digging through some campaign finance reports, or better yet, read this website (Sorry, I just had to write that. ;-) ) since JJ documented last week the money trail from Anheuser-Busch to Senate Finance Committee Chairman and the man responsible for killing these beer-friendly bills, Dean Kirby.

The Budweiser lobby in Mississippi consists of several players: Anheuser-Busch, Lobbyist Beth Clay and her firm, and Capitol Advocacy Group, a PAC created by Ms. Clay and funded by AB. However, there is another serious player: Southern Beverage, which is AB's distributor. Southern Beverage has not one, not two, but three lobbyists and not just any lobbyists: Clare Hester, John Lundy, and Clifford Thompson. All super-lobbyists and two, Ms. Hester and Mr. Lundy, are both members of Capitol Resources Group (CRG), Henry Barbour's firm. A review of campaign finance reports reveals how much money Southern Beverage has paid to its lobbying team:

2010: Not available.
2009: Clifford Thompson: $6,750, CRG: $60,000
2008: Clifford Thompson: $6,750, CRG: $60,000
2007: Clifford Thompson: $6,500, Al Sage: $3,000, CRG: $60,000
2006: Clifford Thompson: $6,500, Al Sage: $3,000
2005: Clifford Thompson: $6,500
2004: Clifford Thompson: $6,500, Al Sage: $3,000
2003: Clifford Thompson: $6,500, Al Sage: $3,000
2002: Clifford Thompson: $6,500, Al Sage: $3,000
2001: Clifford Thompson: $6,500, Al Sage: $3,000
2000: Clifford Thompson: $6,500, Al Sage: $3,000

A pattern emerges when reading these reports: Southern Beverage, Anhueser-Busch, and Capitol Advocacy Group did not spend much money in Mississippi politics until 2007. Southern Beverages spending on lobbyist jumped from $9,000 a year to nearly $67,000 in 2007 and has remained at that level. This team includes those some would argue are the two top lobbyists in Mississippi. A reexamination of the money trail documented last week shows the same pattern: AB gave little money to PAC's or Senator Kirby prior to 2007. Suddenly Anheuser-Busch was donating $10-20,000 per year to Capitol Advocacy Group. CAG is then making large donations to Senator Kirby.

Is there any particular reason why Anheuser-Busch and Southern Beverage started dropping money bombs and hiring the top lobbyists in 2007? These activities just happened to start taking place right before newly-elected State Senator David Baria began introducing "craft" beer-friendly legislation in the 2008 session? Anheuser-Bush and Southern Beverage have a huge market share in Mississippi and anything affecting said market share is going to draw their undivided attention. The increase in donations by Anheuser-Busch and its PAC to Senator Kirby began after the 2007 elections and right before the 2008 session. Meanwhile, Senator Kirby publicly states he will not allow any "craft" beer legislation to receive a hearing or vote in his committee. Coincidence?

Well, our old friend, former Farm Bureau President David Waide,is at it again, telling more lies about the animal cruelty bill, SB# 2127, to the Daily Times Leader (West Point):

"Waide said he is against anyone being cruel to animals, but feels the charge for those found guilty of animal cruelty should continue to be a misdemeanor.
“There's so many people in Farm Bureau who make their living in livestock production, and we have to be careful how we craft this Bill so we don't affect their livelihood,” Waide said. “Farmers every day catch wild dogs that kill calves. We don't want farmers in jeopardy of conviction, trying to protect his livelihood. I just cannot accept making (the crime) a felony.”
Waide said farmers and anyone else should be able to protect their animals and other property from the threat of dogs and other animals.
Waide said if the Bill passes and individuals caught torturing animals are charged with a felony, one disadvantage for some county taxpayers is that they would have to pay for the convicted to have an attorney if the convicted can't afford one..." Article

Mr. Waide either failed to read the bill or is lying. Lying? Kingfish, that is a really strong accusation. Yes, it is indeed a strong accusation but a reading of the bill makes it clear Mr. Waide's statements do not coincide with the facts. Rather than simply refute Mr. Waide point by point, I'm going to break down this bill and provide some unexpert analysis.

Section 1 merely restates current law in Mississippi. Section 2 introduces the felony portion of the proposed law:

"(2)(1) If any person with malice shall torture, mutilate, maim, burn, starve, disfigure or kill any domesticated dog or cat, every such offender, for every offense, shall be guilty of aggravated cruelty to a dog or cat, which is a felony, and upon conviction shall be committed to the custody of the State Department of Corrections for not less than twelve (12) months nor more than five (5) years, and fined an amount not less than One Thousand Five Hundred Dollars ($1,500.00), nor more than Ten Thousand Dollars ($10,000.00)."

Section (2)(1) covers the most egregious forms of animal cruelty: setting a dog on fire, chopping off its body parts for fun, or throwing it off a bridge. The law specifies it applies only to DOMESTICATED dogs and cats. This is Mississippi. Everyone is pretty familiar with the problem of feral cats and wild dogs roaming the countryside, including the author of the bill.

The element of malice is required to prove evil intent (ah...remember the Melton trial and Mr. Danks' long discourse on malice?). Thus merely kicking a dog or protecting your property is not going to be considered aggravated animal cruelty under this section. The felony charge of aggravated cruelty is similar to simple assault and aggravated assault. or the misdemeanor and felony components of domestic violence laws. Section (2)(2) merely states the suspect can't be charged for aggravated cruelty can't also be charged with cruelty to animals for an offense involving the same animals. Section (2)(3)(a)deals with restitution to pet owners:

"The measure for such restitution in money shall be the current replacement value of such loss and the actual veterinarian fees, special supplies, loss of income and other cost incurred as a result of actions in violation of subsection (1) of this section"

and Section (2)(3)(b) authorizes a judge to order restitution for law enforcement:
"The court shall also order that restitution be made to all law enforcement agencies, animal control, or humane societies for the costs of investigation, sheltering, transporting, rehabilitation and other costs directly related to the case."

Section (2)(3)(c)(i) allows a judge to order psychiatric evaluation and counseling:
" The court may also require: (i) Psychiatric or psychological evaluation, and if determined appropriate, psychiatric or psychological counseling or treatment for a length of time prescribed by the court. The cost of any psychiatric or psychological evaluation, counseling, or treatment shall be ordered paid by such person up to the jurisdictional limit of the court."

Let's face it: someone who tortures animals for fun or burns them to death needs psychological help. Yes, animals ARE property but they are still ALIVE. Beating a dog in the head with a hammer is not the same thing as destroying someone's tv set with the same hammer and everyone knows it. Numerous studies have shown those who torture animals all too often move on to more heinous crimes. I keep using the example of Luke Woodham for a reason. Animals do indeed make good test subjects but unfortunately, not just for science but also for crimes that are brutal in nature.

Sections (ii) and (iii) state those convicted of aggravated animal cruelty can lose their right to own animals for a period of time specified by the court. The animal control officer is also allowed to make unannounced home visits if the offender is allowed to keep animals after conviction.

Section (2) dealt with the offense and penalties. Section (3) specifies the exemptions. Most, if not all, of the reasons Mr. Waide and his ilk give for opposing this bill are actually dealt with in this section. Section (3)(1)(a) states someone will NOT be prosecuted for

"(a) Defending himself or herself or another person from physical or economic injury being threatened or caused by an animal;
(b) Injuring or killing of an unconfined animal on the person's property if the unconfined animal is reasonably believed to constitute a threat of physical injury or damage to any animal under the care or control of the person;"

This section allows you to protect your family AND your property. This is especially important in rural areas where there are few, if any, animal shelters and no animal control officers. Wild animals, including dogs, are an active threat and not one person in MS-FACT denies a person has the right to defend his family, pets, and livestock. Section (d) protects the rights of veterinarians to practice. Section (e) allows someone to put an animal out of his misery if suffering.

Section (g) covers the subject most dear to Farm Bureau's heart and gives lie to what Mr. Waide claims:

(1) Nothing in this chapter shall be construed as prohibiting a person from:
"(g) Performing accepted agricultural and animal husbandry practices on livestock or poultry, including, but not limited to, slaughter, butchering, food processing and marketing practices"

Everyone get that? This law PROTECTS farmers and those engaged in the production of poultry, fish, and beef products. This is the reason I say Mr. Waide is lying or he has not read the bill because the key objection of Farm Bureau is covered in this bill. There is no way this can be construed as a means to give PETA nuts a way to attack Farm. If someone says he is against this bill because its being pushed by animal rights activists who want to make everyone vegetarians, ask him to point that out in the bill. He will not do so because it does not exist.

The rest of the bill has definitions and other exemptions such as pest control, good Samaritan protections, rodeo activities, hunting, fishing, and training of animals. The criticisms Farm Bureau made a year ago were thoroughly addressed in this bill. Mr. Waide can lie to reporters as much as he wants to about this bill but the fact remains, agricultural interests ARE protected in this bill as are the rights of farmers to defend their families, property AND livestock. Its time Mississippi joined forty-six other states and made aggravated animal cruelty a felony.

SUNO Aloomni President in the Times-Picayune this week:

"Southern University was not developed to graduate people," he said. "It was developed to give (poor and poorly prepared) people...the opportunity to get a higher education. We don't have to graduate anybody."

No way to spin this one. USA Today reported this week out of wedlock births were 41%- 73% for blacks, 53% for hispanics, 29% for whites. The article is very sobering and gives a clue where we are headed if something is not done about this problem.

Crime stats for Jackson have not been updated since January 2, 2011.

Jackson major crimes overview for week ending January 23, 2011.

City of Madison crime reports through January 26, 2011.

one step closer to the bottom of the well. Happy Birthday to my favorite Uncle Tom.

Update: Well what do you know, a few days after my post about Capitol Advocacy Group's campaign finance reports, the one that was due a year ago is suddenly submitted. It shows one donation: $5,000 from Anheuser-Bush. No donations were made to Senator Kirby, just small ones of $1,000 or less to various legislators.










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This article might shed some light on what is going on in the beer industry and why AB pours thousands of dollars into Senator Dean Kirby's coffers:

"Beer shipments fell 2 percent last year, which stands as the worst decline since the excise tax doubled in 1991. Sales fell about 3 percent in the first five months of this year, according to the Washington-based Beer Institute.

The first quarter of the year was "horrible," said Eric Shepard, executive editor at Beer Marketer's Insights. "It was a fairly deep hole to dig out of."

One bright spot was the growth of craft beers such as those from Sweetwater Brewing Co., Terrapin Beer Co. and other small brewers. Craft beer sales grew 7.2 percent by volume and 10.3 percent in dollars last year, bolstered by more shelf space in grocery stores and the popularity of their seasonal styles" AJC Article

Might be worth to AB to funnel $30,000 or so a year (yes, I used that word on purpose) to some politicians in Mississippi in order to save a few million dollars a year in sales.

Earlier post: State Senator Dean Kirby: Bud man and a Beer Money Fan

Senate Bill #2127 passed the Senate Judiciary Committee yesterday and heads to the floor of the Senate. Opponents of the bill have spun much bad information. Read the bill for yourself, its only six pages. It doesn't affect livestock, requires an element of malice, and has a list of specific exemptions that cover most of the objections raised by opponents who clearly have not read the bill. Former MS-FACT President Tiffany Frautschi submitted the editorial posted below to JJ.

New poll out: Who should replace Toby Trowbridge as Madison County Sheriff? Fire away.

From the Associated Press:

"The law on non-economic caps - also called punitive damages - puts a limit on what juries can award someone for such things as pain and suffering. The limits on damages were adopted by lawmakers after years of contentious wrangling over tort reform." Article


Anyone see a problem?

The U.S. Bankruptcy Court for the Northern District of Mississippi issued an order in the case against local attorney Richard Schwartz:

"Richard Schwartz and Schwartz & Assoc., PA, is ordered to pay $172,414.68 into the registry of the bankruptcy court, within 30 days of the entry of the order, pending the outcome of the adversary proceeding. These funds are considered as property of the bankruptcy estate. Order Due by 2/7/2011." (PACER)

Shirley Douglas suffered injuries in an automobile accident and retained Richard Schwartz to represent her. Mr. Schwartz obtained a settlement from the insurance company for $500,000. Ms. Douglas filed bankruptcy before the case was settled. Mr. Schwartz hired attorney Vann Leonard to deposit the funds with the bankruptcy court and obtain his fee of $172,414 (His contingency fee of one-third of the settlement amount.). The court approved the payment of his fee but Mr. Leonard kept the remaining $327,585 for himself. Mr. Leonard is scheduled to plead guilty to the theft of the money in federal court at the end of the month (The specific charge is not known.).

Ms. Douglas and the bankruptcy trustee filed suit against Mr. Schwartz and Mr. Leonard seeking recovery of the $500,000. Mr. Schwartz fought the suit but apparently to no avail after yesterday's ruling.

JJ asked in a poll last week: Should the name of the Ross Barnett Reservoir be changed? 65% of you voted no, keep the former Governor's name. Only 14% thought it should be changed.

The Securities and Charities Division of the Mississippi Secretary of State's office issued a final cease and desist order against Steadivest, Marshall Wolfe, and Jack Harrington on December 1, 2010. The Division fined Mr. Wolfe $850,000 and Mr. Harrington $170,000 for their activities as principals in the collapsed Steadivest. The notice was just posted online.

A lawsuit filed by several victims of Steadivest fraud against Steadivest and several parties is pending in federal court. It is currently languishing on the docket as Judge Wingate is staying true to form in terms of moving cases on his docket. The bankruptcy petition filed by Steadivest is still active.

Collection of all Steadivest posts.

Here are the exhibits to the order:

Minutes for the January 4, 2011 meeting of the Hinds County Board of Supervisors are posted.

No new documents have been filed in the lawsuit filed against Spencer Copeland, Sherry Frazier, Nan Copeland, South Lamar Truck & Trailer Sales, and other parties. The lawsuit was filed on December 3, 2010. No reponses have been filed.


By the way, Claiborne Frazier has a scheduled hearing February 1, 2011 in U.S. Bankruptcy Court.

Update: Mississippi Business Journal has a blog post mentioning this post and some other information this morning. AB told the MBJ it had no position on the bill.

Original post:

State Senator Dean Kirby received more cash from Capitol Advocacy Group and Anheuser-Busch than other other politician in Mississippi according to campaign finance reports. Anheuser-Busch donated $3,000 to Senator Kirby while CAG, a PAC created by Anheuser-Busch's lobbyist, gave $14,500 as well. No other politician in Mississippi received such generosity from the beer lobby since 2007 as did Senator Dean Kirby and Lieutenant Governor Phil Byrant.

The Mississippi Business Journal reported Senator Dean Kirby, Chairman of the Finance Committee, made it clear any bills to raise the alcohol content of beer in Mississippi or bills supporting the brewing of "craft beer" in Mississippi are dead on arrival in his committee and will not be introduced. Clay Chandler also reports Lieutenant Governor Phil Bryant supports Dean Kirby:

"Bryant said in an e-mailed statement that he did "not see a reasonable public benefit to increasing the alcohol content in Mississippi."
Sen. Dean Kirby, R-Pearl, chairman of the Finance Committee, confirmed that the beer legislation stood zero chance of making it out of his committee, and that he wouldn't introduce it.
"I really don't want to put my committee members in an uncomfortable position in an election year," he said of his reasons for not bringing the bill to a vote.
Kirby said he would allow Bailey and Henderson and other pro-craft beer groups to present their case to his committee some time before the session ends."

Senator David Baria introduced SB #2064. The bill will raise the alcohol content of beer sold in Mississippi from 5% to 8%. This will permit the sale of more expensive "gourmet" beers sold in the other 49 states.

Some will say Dean Kirby is standing up for Christian values and protecting Mississippi from the drunks. If that is the case then why is Dean Kirby Budweiser's best friend in the legislature? Don't think its true? Let's play follow the money.

A review of campaign finance reports reveals Senator Kirby has received quite a bit of money from Anheuser-Busch and Capitol Advocacy Group. CAG is a political action committee created by Beth Clay, A-B lobbyist (oh to hell with it, I'm going to start using "Bud", much easier to type.) and her son, Stephen. The reports show:

7/28/09: Bud gave $1,000 to Dean Kirby
12/15/08: CAG gave $12,500 to Dean Kirby. The next-highest donation was $1,500.
12/2/08: Bud gave $1,000 to Dean Kirby
10/31/08: Bud gave $15,000 to CAG
10/21/08: Clay Firm gave $20,000 to CAG
12/9/07: CAG gave $2,000 to Dean Kirby
10/4/07: Bud gave $2,000 to CAG
10/15/07: Bud gave $500 to Dean Kirby
8/13/07: Bud gave $500 to Dean Kirby
6/29/07: Bud gave $20,000 to CAG.
8/26/03: Bud gave $500 to Dean Kirby

Campaign finance reports are due next week so it will be interesting to see if the pattern of large donations from the beer lobby to Mr. Kirby continued in 2010.

The registered lobbyist for Anheuser-Busch is Beth Clay. Anheuser-Busch paid Ms. Clay $92,197 in 2008, $77,873 in 2007, $79,241 in 2006, $76,000 in 2004, $44,800 in 2003, $74,666 in 2002, and $76,500 in 2001. There was no compensation for 2005 and 2009. CAG did not file a campaign finance report for 2005 and 2009 as well so it appears CAG does not have any activity every four years.

Anheuser-Busch was the only donor to CAG in the last election cycle, 2007, giving $22,000 to the PAC. The largest donations that year were to Dean Kirby, Alan Nunalee, and Phil Bryant (Wonder if Alan and Brett will start shrieking I'm picking on poor ole Phil.). CAG gave money to the following politicians in 2007:

Phil Bryant: $5,000
Mike Chaney: $500
Jeff Smith: $1,000
Jerry Turner: $200
Ryan Sadler: $200
Dick Hall: $500
Jim Hood: $250
Johnny Stringer: $1,000
Lee Yancey: $250
Lester Spell: $500
Lynn Posey: $500
Delbert Hoseman: $500
Alan Nunnellee: $2,000
Dean Kirby: $2,000
David Blount: $500
Billy Hewes: $1,000

The following parties gave money to CAG in 2007:
Anheuser-Busch: $22,000

The pattern continued in 2008 campaign finance report. Donations given to Mississippi politicians:

Dean Kirby: $12,000
Percy Watson: $1,000
David Baria: $1,000
Briggs Hopson: $500
Gary Jackson: $500
Kenneth Wayne Jones: $500
Buck Clarke: $500
Hob Bryan: $1,000
Lee Yancey: $500
Vic Carmichel: $1,500
Chris McDaniel: $500
Ed Blackmon: $1,000
Willie Perkins: $500
Jim Hood: $200
David Blount: $500

The following parties gave money to CAG:
Pfizer: $1,500
Clay Firm: $20,000
Anheuser-Busch: $15,000

The question must be asked why Senator Kirby is dead-set on killing any beer legislation in his committee. Is it because as he explains it, he doesn't want to put his members in an "uncomfortable" position? Is it because of supposed "Christian" values? Or is it because he takes more money than any other politician in Mississippi from Anheuser-Busch and Capitol Advocacy Group? Are Dean Kirby and Phil Bryant protecting Anheuser-Busch from competition from "boutique" beers? Beer money or the Bible? Only Senator Kirby and Phil Bryant can answer that question.