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The Times, Gainesville, Georgia | gainesvilletimes.com
Tuesday, November 6, 2018 7A
Legal battle centers on release
of Alabama execution details
BY KATE BRUMBACK
Associated Press
ATLANTA — A federal appeals
court is considering whether a lower
court judge was wrong to rule that Ala
bama’s execution protocol should be
unsealed at the request of news outlets.
U.S. District Judge Karon Bowdre
ruled in May that the public has “a com
mon law right of access” to a redacted
version of the state’s lethal injection
protocol and related court records.
The state appealed, and a three-judge
panel of the 11th U.S. Circuit Court of
Appeals in Atlanta on Monday heard
arguments in the appeal.
The Associated Press, The Montgom
ery Advertiser and the Alabama Media
Group had asked the court in March to
unseal records in a lawsuit brought by
death row inmate Doyle Lee Hamm.
Alabama prison officials in February
halted Hamm’s scheduled execution at
the last minute when the lethal injec
tion team was unable to connect an
intravenous line to his veins.
Alabama has for years refused to
release the details of its execution pro
cess and where it gets the drugs used in
lethal injections.
The public has a great interest in
understanding how Alabama carries
out executions and the unsealing of
the documents would likely “promote
understanding of a historically signifi
cant event,” Bowdre wrote in a 19-page
memorandum ordering the release of
the records. She wrote that the state
could keep secret some information,
like the names of low-level prison
employees involved in executions.
Hamm’s attorneys had sued to block
his execution, saying his veins were
so damaged by lymphoma, hepati-
‘The public has a
great interest in
understanding how
Alabama carries
out executions and
the unsealing of the
documents would
likely “promote
understanding of a
historically significant
event.
Karon Bowdre
U.S. District Judge
tis and past drug use that it would be
extremely difficult to execute him.
As part of that litigation, the state
provided Hamm’s attorneys with a
redacted copy of the execution proto
col after securing a protective order
from the judge to keep it confidential.
Stephen Frisby, a lawyer for the
state argued in court that while the
execution protocol was provided to
Hamm’s attorneys and the judge, it
was never attached to a filing in the
case and therefore shouldn’t be con
sidered a judicial record that is subject
to release.
Bowdre had concluded in her order
that it was a judicial record because
she “needed and relied upon” that
document to decide Hamm’s case.
The reason it wasn’t formally filed is
because the parties and the court were
rushing to address Hamm’s claim
before his scheduled execution date,
she wrote.
Frisby argued that even if the execu
tion protocol is subject to the common-
law right of access, the state’s interest
in keeping it secret for security reasons
outweighs the interest of news outlets
to access it.
Catherine Martinez, representing
the news outlets, acknowledged that
the state has legitimate security inter
ests but argued that redactions can
eliminate that problem. The balanc
ing test between the parties’ interests
starts with the presumption that judi
cial records are open to the public, she
said.
Frisby also argued that the news
outlets shouldn’t have been allowed
to intervene in Hamm’s case because
they waited until the case had been dis
missed. But Martinez noted that their
motion was filed the same day that
the case was dismissed and that the
court’s jurisdiction over a sealing order
extends beyond the end of the case.
The panel of judges grilled Frisby,
repeatedly asking why an execu
tion protocol should be exempt from
release and whether the public is enti
tled to know what the judge considers
when deciding a case.
But Judge Gerald Tjoflat cautioned
Martinez not to take the harsh ques
tioning of the state as an indication
that her side had a leg up. The judges
asked Martinez about the timing of
the new outlets’ motion to intervene in
the case and the balancing test judges
use to determine whether to unseal
documents.
ATLANTA
Prosecutors: Man kills other
man over argument in bar
Prosecutors say a man who killed another man over
an argument at an Atlanta bar has been convicted of
murder and sentenced to life in prison.
The Fulton County District Attorney’s Office tells
news outlets in a statement 33-year-old Torry Bowman
was convicted and sentenced Thursday in the killing
of 25-year-old Alec Price. Bowman and 30-year-old
Terrell Goodman got into an argument with Price and
his brother over Price accidentally bumping Bowman
inside the bar last year.
Prosecutors say the brothers went to the bar to grieve
their grandmother’s cancer-related death that day.
Bowman waited outside for them to leave and shot Price
three times. Price’s brother wasn’t injured.
Goodman was also charged and will have a trial later.
Ludacris, Migos to perform at State
Farm arena pre-Super Bowl concert
Ludacris, Migos and Lil Jon will represent Atlanta and
hip-hop culture when they perform at the EA SPORTS
BOWL days before the Super Bowl next year.
Electronic Arts Inc. and OnLocation Experiences
announced Monday that Lil Yachty, Metro Boomin and
Lil Baby will also hit the stage at the State Farm Arena
in Atlanta on Jan. 31, 2019, for the concert celebrating
rappers from Atlanta. Super Bowl 53 will take place
Feb. 3 at the Mercedes-Benz Stadium in Atlanta.
Ludacris, a Grammy winner and successful actor, will
perform alongside special guests. More performers who
are from Atlanta will be announced at a later date.
Public reprimand ordered for judge
Georgia’s highest court has ordered a public repri
mand to a judge for frequently being late for court.
In an opinion issued Monday, the Georgia Supreme
Court said Chatham County Recorder’s Court Chief
Judge Tammy Stokes violated the Code of Judicial
Conduct through “habitual tardiness” and “excessive
absenteeism.”
The reprimand is to be imposed in person in open court
by a judge chosen by the high court.
The opinion says that over the past year Stokes fre
quently took the bench more than an hour late and
offered no good reason for her tardiness. She also missed
38 of her scheduled court days in 2017 and has already
missed 36 this year.
Associated Press
OBITUARIES
Bobbie Jean Grindle
Died Nov. 3,2018
Mrs. Bobbie Jean Grindle, 86, of Gaines
ville passed away Saturday, Nov. 3,2018.
A lifelong resident of Hall County, Mrs.
Grindle was the daughter of the late Samuel
and Pauline “Piney” Dougherty McKin
ney. She was retired from Cornett Carpets
and was a member of Cool Springs Baptist
Church.
Survivors include her daughters and sons-
in-law, Joy and Terry Hatchett, Blairsville;
Tammy and Tracy Hulsey, Gainesville; Con
nie and Michael Queen,
Flowery Branch; sons and
daughters-in-law, Sam and
Sandye Grindle, Gaines
ville; Stacy and Michele
Grindle, Buford; grand
children, Rachel Lindley
(Brad), Christy Hatchett,
Sarai Hatchett, Danielle
Hulsey, Elia Thomas (Rod
ney), Hayden Grindle, Kyle Grindle, Tamara
White (Jimmy) and Julia Faith Grindle. Ten
great-grandchildren and a host of nieces and
nephews also survive.
Mrs. Grindle is preceded in death by her
parents; husband, Ford Grindle; sisters,
Nadine White, Kathleen Tanner, Katie Ste
phens, Ann Malasitt; brothers, Ben McKin
ney, Ernest McKinney; and a host of half
brothers and half sisters.
Funeral services will be held at 2 p.m.
Wednesday, Nov. 7,2018, at the Cool Springs
Baptist Church. The Rev. Charles Grant Jr.,
the Rev. Franklin Grant and the Rev. Hayden
Grindle will officiate. Interment will follow
in the Cool Springs Baptist Church Cemetery
with the Rev. Doug Forrester officiating. The
family will receive friends Tuesday, Nov. 6,
from 6 p.m. until 8 p.m. at Little & Davenport
Funeral Home.
In lieu of flowers the family has asked that
memorial contributions be made to Commu
nity Baptist Church Building Fund, c/o Sam
Grindle, Treasurer, 4938 Price Road, Gaines
ville, GA 30506.
Little & Davenport Funeral Home and
Crematory, Gainesville
Sign the online guest book at gainesville-
times.com.
The Times, Gainesville, Ga.
Nov. 6,2018
Amy Westbrook Grizzle
Jan. 10, 1967-Nov. 5, 2018
Evans Funeral Home announces the death
of Mrs. Amy Westbrook Grizzle, 51, of Com
merce, Ga., who passed away Monday, Nov.
5,2018, in Athens, Ga.
Mrs. Grizzle was born Jan. 10,1967, in Ath
ens, Ga., a daughter of Lloyd S. Westbrook
Jr., Ila, Ga., and Patricia “June” Hardy West
brook, Commerce, Ga. Mrs.
Grizzle was a pre-K teacher
for over 21 years, loved the
outdoors, arts and crafts
and had started her own
arts and crafts business.
Mrs. Grizzle was a mem
ber of White Plains Baptist
Church where she served
faithfully. Above all her
accomplishments, Mrs. Grizzle loved serving
her Lord and Saviour.
Survivors in addition to her parents
include husband, Doug Grizzle, Commerce,
Ga.; sister, Ann Cain, Athens, Ga.; nephews
and nieces, Blake Sanders, Chelsey Cain, Bre-
annah Hendley, Michelle Morris and Olivia
Morris; two sisters-in-law, Trade Morris and
husband Tommy, Delene Hendley and hus
band Dale; mother-in-law, Linda Grizzle.
Funeral services are scheduled for 1
p.m. Thursday, Nov. 8,2018, from the White
Plains Baptist Church with Pastor Cary Pitt
man officiating. Interment will follow in the
church cemetery.
The family will receive friends at the
funeral home Wednesday, Nov. 7,2018, from
4 p.m. until 8 p.m. and from 11 a.m. until 1
p.m. at White Plains Baptist Church prior to
the service on Thursday.
Honorary pallbearers will be Wilt and
Judy Baxley, Hartwell and Barbara Lan
caster, Raymond Church and Jerry Gibby.
In lieu of flowers the family requests flow
ers be omitted and donations made to the
American Cancer Society, 105 Westpark
Drive, Suite C, Athens, GA 30606; The Kidney
Foundation Cancer Research at www.kid-
neycancer.org/donate; The Gideons Inter
national, Jackson West Camp, P.O. Box 755,
Jefferson, GA 30549.
Evans Funeral Home, Jefferson
Sign the online guest book at gainesville-
times.com.
The Times, Gainesville, Ga.
Nov. 6,2018
Elise Darracott Jones
Died Nov. 4,2018
Elise Darracott Jones, 100, of Cumming,
Ga., passed away Sunday, Nov. 4,2018.
Elise was a lifetime member and the
oldest living member of Mayfield Baptist
Church. She also taught Sunday school
there. She is preceded in death by her hus
band, Hubert Lee Jones; her parents, How
ard and Ruby Darracott; a sister; and several
brothers.
Elise is survived by her children, Mary
Sue and the Rev. Leonard Ridings of Cum
ming, Helen and the Rev. Larry Webb of
Gainesville, Doyle and Gayle Jones of Cum
ming; seven grandchildren; 20 great-grand
children; seven great-great-grandchildren;
brother and sister-in-law, Ray and Beverly
Darracott of Cherokee County; caregiv
ers, Rebecca McBrayer, Laura McGovern,
Diane Boyd; and several nieces, nephews
and other loving relatives and friends.
Funeral services will be held on Wednes
day, Nov. 7,2018, at 11 a.m. in the chapel of
Ingram Funeral Home with the Rev. Gerald
Blackburn, the Rev. Ruel Martin, the Rev.
Troy Milford, the Rev. Larry Webb and
the Rev. Leonard Ridings officiating. Inter
ment will follow at Green Lawn Cemetery
in Roswell. The family will receive friends
on Monday from 4-8 p.m., Tuesday from 2-4
p.m. and 6-8 p.m. and Wednesday from 9
a.m. until the hour of service.
In lieu of flowers, donations may be made
to the Mayfield Baptist Church Cemetery
Fund in her name.
Ingram Funeral Home & Crematory,
Cumming
Sign the online guest book at gainesville-
times.com.
The Times, Gainesville, Ga.
Nov. 6,2018
Martin Richard Slark
Died Sept. 12, 2018
Mr. Martin Richard Slark, 86, of Sautee
passed away Wednesday, Sept. 12, 2018,
from natural causes. He was born in 1932
in Lancaster, N.Y., to the late Arthur Henry
and Julia Ellen Slark. Mr. Slark worked as a
civil engineer for the Georgia Department
of Transportation and was a member of
Nacoochee United Methodist Church.
Mr. Slark was a wonderful and loving
husband and father. He served his coun
try in the Korean War, and he always had
a special place in his heart for all God’s
creatures.
He is survived by his loving wife Mrs. Jane
Slark; his daughter and son-in-law Carol
and Scott Archer of Phoenix, Ariz.; and his
daughter and son-in-law Connie and Don
Leddy of Commerce, Ga. Mr. Slark is also
survived by his five grandchildren Melinda,
Taylor, Thomas, Rachel and Matthew.
A celebration of Marty’s life will be
held Saturday, Nov. 24, 2018, at 2 p.m. at
Nacoochee United Methodist Church —
1371 Ga. 17, Sautee, GA 30571. The ser
vice will be officiated by Pastor Keith
Windmiller.
In lieu of flowers friends are free to
donate to a charity of their choice or send
in memory of Marty Slark to Marty’s favor
ite charity, Randy and Friends — P.O. Box
907532, Gainesville, GA 30501.
Barrett Funeral Home, Cleveland
Sign the online guest book at gainesville-
times.com.
The Times, Gainesville, Ga.
Nov. 6,2018
DEATH NOTICES
Cosby Lee Barron
May 30, 1939-Nov. 4,2018
Cosby Lee Barron, 79, of Clarkesville died
Sunday. Funeral service, 11 a.m. Wednes
day, Nov. 7, funeral home. Hillside Memo
rial Chapel & Gardens, Clarkesville.
Ned Beatty Sr.
Died Nov. 5,2018
Ned Beatty Sr., 96, of Oakwood died Mon
day. Little & Davenport Funeral Home and
Crematory, Gainesville.
Jimmy Brown
Died Nov. 4,2018
Jimmy Brown, 79, of Maysville died Sun
day. Funeral service, 2 p.m. Wednesday,
Nov. 7, Ridgeway Baptist Church. Little-
Ward Funeral Home, Commerce.
Michael Scott Dorsey
Died Nov. 4,2018
Michael “Mike” Scott Dorsey, 51, of Jef
ferson died Sunday. Memorial service, 4
p.m. Nov. 10, funeral home chapel. Lawson
Funeral Home, Hoschton.
Barbara Cooper Glass
Died Nov. 3,2018
Barbara Cooper Glass, 82, of Jefferson
died Saturday. Funeral service, 11 a.m.
Wednesday, Nov. 7, First Baptist Church of
Jefferson. Evans Funeral Home, Jefferson.
Marilyn Elizabeth Joiner
Died Oct. 30, 2018
Marilyn Elizabeth Joiner, 84, of Gaines
ville died Oct. 30. Memorial service, 4 p.m.
Sunday, Nov. 11, New Hope United Method
ist Church, Gainesville. McDonald and Son
Funeral Home, Cumming.
John E. Lalonde
Died Nov. 2,2018
John E. Lalonde, 79, of Cumming died
Friday. McDonald and Son Funeral Home,
Cumming.
Missy Gail Longwell
Died Nov. 4, 2018
Missy Gail Longwell, 82, of Cleveland died
Sunday. Visitation, 2-6 p.m. Tuesday, Nov.
6, funeral home. Barrett Funeral Home,
Cleveland.
Mary Louise Medlin
Died Nov. 3,2018
Mary Louise Medlin, 94, of Dahlonega
died Saturday. Funeral service, 2 p.m.
Thursday, Nov. 8, funeral home. Ward’s
Funeral Home, Gainesville.
Michael Allen Nations
Died Oct. 26, 2018
Michael Allen Nations, 56, of Gaines
ville died Oct. 26. Lawson Funeral Home,
Hoschton.
Steve Dwayne Vandegraft
Died Nov. 1, 2018
Steve “Duke” Dwayne Vandegraft, 61, of
Gainesville died Nov. 1. Funeral service,
11 a.m. Wednesday, Nov. 7, funeral home
chapel. Memorial Park Funeral Home,
Gainesville.
Dennis Craig Yeager
Died Nov. 5,2018
Dennis Craig Yeager, 64, of Dahlonega
died Monday. Memorial service, 4 p.m.
Thursday, Nov. 8, funeral home chapel.
Anderson-Underwood Funeral Home,
Dahlonega.
Obituary information
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For additional information, please call
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INTRODUCING
Little & Davenport
Funeral Home
To inquire about pricing packages available to
memorialize a pet in print, please contact Megan Lewis
at 770-535-6371 or mlewis@gainesvilletimes.com
Pets at Peace will appear in The Times
the last Sunday of each month.