The times. (Gainesville, Ga.) 1972-current, November 06, 2018, Image 7
LOCATSOUTHEAST 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 Death notices are printed free as a public service by The Times. More information can be provided in paid obituaries. The rate is $50 per 100 words (or any part thereof). There is an additional mandatory $40 fee for online services, which includes a guest book that allows family and friends to post condolences. Deadline for publication is 6:30 p.m. seven days a week. Death notices and obituaries are accepted only from funeral homes. They should be emailed to obits@ gainesvilletimes.com. All submissions will appear in The Times and online at gainesvilletimes.com. For additional information, please call 770-718-3435 or 800-395-5005, ext. 3435, between 3 and 6 p.m. weekdays. 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.