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5 days ago

8 Alabama inmates opt for execution by nitrogen gas

A lawsuit challenging Alabama’s lethal injection process took an unexpected turn Tuesday after eight inmate plaintiffs asked to be put to death by the state’s new execution method: inhaling nitrogen gas.

The Alabama attorney general’s office and lawyers for inmates submitted a joint motion Tuesday to dismiss the litigation.Lawyers said the inmates’ claims challenging the state’s lethal injection process as inhumane are now moot, “because their executions will be carried out at the appropriate time by nitrogen hypoxia.”

Breathing the inert gas causes oxygen depletion in the blood stream.

Alabama had previously carried out executions by lethal injection and electrocution.

Alabama in March added nitrogen to the list, becoming the third state to authorize executions by nitrogen.

No state has yet used the method.

According to the motion, the eight inmate plaintiffs in the lawsuit had a June 30 deadline to request execution by nitrogen and all did so.

“The plaintiffs in this case, and anyone else who elected the new method, cannot now be executed by lethal injection,” said John Palombi, an attorney with the Federal Defenders Program, who is representing inmates in the lawsuit.

It’s not clear how many inmates had the choice or how many altogether have requested nitrogen.

A spokesman for Alabama Attorney General Steve Marshall said his office did not have additional comment.

A spokesman for the Department of Corrections could not immediately be reached for comment late Tuesday.

Robert Dunham, executive director of the Death Penalty Information Center, said it could be some time before the inmates see a death chamber with nitrogen.

“At least for the prisoners who elected nitrogen gas over lethal injection, there will be no executions until Alabama has an approved nitrogen-gas protocol in place.

It will take time for that to happen and, because the gas protocol will also be untried, it will face its own set of legal challenges,” Dunham wrote in an email.

Dunham said the eight inmates also may “prefer the unknown risks of nitrogen hypoxia to the known risks” of lethal injection drugs while Alabama avoids having to litigate the lethal-injection issue by voluntarily dismissing the case.

Palombi said the eight inmates did not waive their rights to eventually challenge the humaneness of execution by nitrogen and urged the state to make the protocol public when it is developed.

“While the best way to reduce the risks of botched executions would be to abolish the death penalty, if the death penalty does exist, it must be carried out in a constitutional manner with the respect and dignity that is required of such a solemn event,” Palombi said.

(Associated Press, copyright 2018)

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Rep. Byrne: Americans are better off now

Two years ago, I joined other Republican House members in unveiling our “Better Way” agenda. The agenda covered everything from national security to tax reform to the economy. It was a bold vision about a different path for America that wasn’t driven by a larger, more powerful federal government. Instead, we advocated for a better way where we got government out of the way and allowed the American people to flourish.

Working with President Trump, we have held true to our promises to the American people. Two years later and with many parts of the agenda in place, we can safely say that Americans are better off now. Our communities are safer. The economy is booming. Our military is being rebuilt. Our “Better Way” is paying off.

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Our communities are safer because we have made supporting law enforcement a top priority. We have passed historic legislation to address the opioid crisis, which is having a horrible impact on communities in Alabama and throughout the country. In addition to better policy, we have invested $4 billion in grants and programs to help combat the opioid crisis.

We passed legislation to devote more resources to school safety, and we have made real progress in the fight against human trafficking. In fact, we have seen a 60% decline in online advertising for sex trafficking.

Also, important to keeping our communities safe, we set aside $1.5 billion for physical barriers and technology along the southern border and provided for over 90 miles of a border wall system. Border security is national security.

No one can deny that the American economy is booming. Just consider these numbers: 90% of Americans are seeing larger paychecks under our tax reform bill. 3.7 million jobs have been created since November 2016. There are 6.6 million job openings in the United States as of May 2018, meaning more jobs than job seekers. And, $4.1 billion has been saved in agency regulatory costs by rolling back burdensome government regulations.

One of my biggest concerns during the Obama Administration was the hollowing out of our military. We had planes that couldn’t fly and ships that couldn’t sail. We were not making the continuous critical investment in our military necessary to keep up with our adversaries. Thankfully, those days are over.

We have made the largest investment in our military in 15 years. This means 20,000 new troops, the largest pay increase for our service members since 2010, more training time, better equipment, new ships, and much more.

On the world stage, countries know that the United States means what we say. ISIS is on the run in the Middle East, North Korea has come to the negotiating table, and China is being held accountable for their dangerous trade practices.

Now, I want to make clear that much work remains. For example, we have to keep working to fix our broken immigration system and ensure that our borders are finally secure. We also cannot give up on our efforts to improve health care in our country. Costs remain too high and rural communities right here in Alabama are facing dangerous hospital closures.

But, despite what some on the other side of the aisle and the national news media want you to believe, the American people are better off now than they were two years ago. That’s a testament to our pro-growth agenda, but, more importantly, it is a testament to the spirit and drive of the American people.

Want to know more? I encourage you to visit Better.gop to learn more about the various ways the American people are better off now.

U.S. Rep. Bradley Byrne is a Republican from Fairhope. 

32 mins ago

Illegal alien beheads 13-year-old Huntsville girl

Law enforcement officials in Alabama say an illegal alien and an immigrant in America on a green card are responsible for murdering a 13-year-old girl with special needs and her grandmother, who had connections to Mexican drug cartels, says a report by AL.com.

The brutal beheading of 13-year-old Mariah Lopez took place after she witnessed her grandmother, Oralia Mendoza, get attacked with a knife in a cemetery, according to court testimony.

Mendoza, the 49-year-old grandmother, was alleged to have had connections with the Sinaloa Mexican drug cartel, a popular and deadly drug-trafficking organization.

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Mendoza, along with Israel Palomino and Yoni Aguilar, had traveled to Georgia on June 2 to pick up methamphetamine, according to Investigator Stacy Rutherford. During the trip, one of the men became suspicious that Mendoza’s involvement was a setup.

Authorities say that Mendoza and Aguilar lived together and had dated one another in the past.

Palomino and Aguilar reportedly woke up Mendoza one night and told her that they were taking her and her granddaughter somewhere safe.

On June 4, Mendoza and Lopez were reportedly driven to Moon Cemetery located on Cave Springs Road. According to Aguilar, Mendoza and Palomino got out of the car and argued about the entire situation.

According to Aguilar, that is when the situation escalated and Palomino stabbed Mendoza. Due to Mendoza’s granddaughter being at the scene during the crime, Aguilar and Palomino took the 13-year-old girl to a separate location nearby and beheaded her.

Aguilar revealed to investigators that he was holding a knife when Palomino walked up to him and moved his arm back and forth in a sawing motion. Lopez was later beheaded.

Days later, both Aguilar and Palomino were placed in custody.

Two knives were recovered and cell phone signals from both of the men’s cellphones were pinged at the locations of each occurrence.

Palomino, 34, and Aguilar, 26, are both charged with two counts each of capital murder in the slayings of Mariah Lopez and her grandmother, Oralia Mendoza.

@RealKyleMorris is a Yellowhammer News contributor and also contributes weekly to The Daily Caller

1 hour ago

Roy Moore is not done embarrassing Alabama yet

Whether you view former Supreme Court Justice Roy Moore as the “Ten Commandments’ Judge”, the “guy banned from the Gadsden Mall”, or the “guy who lost to Doug Jones”, you probably don’t think very highly of him. He has brought loads of scorn upon the state of Alabama — some feel this is not his fault.

Whatever you think of Judge Moore, you probably think he should go away. Unfortunately, it appears that he is not interested in doing that. “Borat” creator Sacha Baron Cohen has a new TV series and Moore was apparently a target of one of his pranks.

Moore is rightly embarrassed, but is pretending he is going to sue Cohen if he airs the tape Moore is concerned about:

“I am involved in several court cases presently to defend my honor and character against vicious false political attacks by liberals like Cohen. If Showtime airs a defamatory attack on my character, I may very well be involved in another.”

Why this matters:

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Moore is an attorney and was the Chief Justice of the Alabama Supreme Court. He knows as well as anyone that if he said something on a tape during an interview it can be used. He will not win a single lawsuit he is involved in, but he will bilk his supporters for more money. He may sue, but you can sue on anything. He cannot win a lawsuit with a comedian who is producing a satire piece.

Moore is a public figure, a target for liberals, and he needs to fade into obscurity. Moore also needs to realize that his insistence on standing on the public stage only hurts the causes he holds dear. If he truly cares about Alabama, and not only about himself, he will stop answering media inquiries.

@TheDaleJackson is a contributing writer to Yellowhammer News and hosts a conservative talk show from 7-11 am weekdays on WVNN

2 hours ago

University of Alabama System chooses new interim chancellor Finis E. St. John

The University of Alabama System has chosen an interim chancellor to replace the retiring of current chancellor Jay Hayes at the end of the month.

Finis E. “Fess” St. John, IV, who currently serves on the UA system’s Board of Trustees, will succeed Hayes on August 1.

St. John will take an unpaid leave of absence from St. John & St. John law firm in Cullman and will serve as interim chancellor without compensation.

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“The fact that Fess St. John is willing to serve as our Interim Chancellor without compensation is a tremendous public service,” Board Trustee Joe Epsy said in a statement.

“We are extremely grateful that he is willing to step in and take on these complex administrative duties at a crucial time for our campuses and the UAB Health System,” Epsy continued, in part.

St. John graduated cum laude from Alabama in 1978, where he was a member of Phi Beta Kappa, Omicron Delta Kappa and Jasons. He went on to receive a law degree from the University of Virginia.

3 hours ago

Georgia woman gets five years for filing fraudulent tax returns through Birmingham business

A Georgia woman has been sentenced to five years in prison for preparing and filing fraudulent tax returns through her Alabama-based business.

U.S. Attorney Jay E. Town, in a news release, says U.S. District Judge R. David Proctor sentenced 38-year-old Patrice Anderson on Monday for 13 tax-related counts. A federal jury convicted Anderson in September for using her Birmingham-area business, Queen’s Fast Tax, to file returns between 2009 and 2012 that she knew contained false information.

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Evidence at trial showed that Anderson filed tax returns claiming refundable credits to which her clients were not entitled so that they could receive much larger refunds than they were eligible for. In return, Anderson would charge the clients abnormally high fees – up to $3,000 per fraudulent return – to file their taxes.

(Associated Press, copyright 2018)

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