1 year ago

Criminal justice at its worst: Shocking, shoddy, bias-filled investigation and DNA mishandling in Holtzclaw case

(Michelle Malkin/YouTube)

 

 

In Oklahoma City, words don’t mean what they plainly mean. Asking government officials simple questions prompts Orwellian acrobatics. By distorting language and obfuscating actions, public bureaucrats subvert transparency and evade accountability.

Whether in the fictional dictatorship of Oceania, or the true-life fascistic regime of North Korea, or the petty tyranny of Oklahoma, linguistic deceit is an instrument of a State with something to hide.

Two weeks ago, I reported that former Oklahoma City Police Department senior forensic analyst Elaine Taylor is the mother-in-law of Detective Rocky Gregory, who co-led the investigation of former OCPD officer Daniel Holtzclaw. This information was not disclosed by police or prosecutors before, during, or after a biased investigation, botched forensic analysis and testimony, and chaotic trial that resulted in a 263-year sentence for Holtzclaw — who has maintained his complete and actual innocence from the start and is appealing his convictions.

According to the Oklahoma City Police Operations Manual, Section 105.0 on relationships between department employees:

“All employees should avoid situations, which give rise to an actual or apparent conflict between their professional responsibilities and their relationships with other employees. However, should such a situation develop, it is the duty of the involved employee(s) to immediately notify their commanding officer, either in person or through the chain of-command, or directly notify their Bureau Chief.

“It becomes the responsibility of the employee’s Bureau Chief to eliminate conflict, by taking appropriate action and keeping the best interests of both the employee and the Department in mind.”

I asked Oklahoma City’s Police Chief William Citty and Taylor’s crime lab supervisor Campbell Ruddock three straightforward questions:

1) Were you aware of the close, familial relationship between Elaine Taylor and her son-in-law, Det. Rocky Gregory?

2) How was Taylor assigned to the Daniel Holtzclaw case, on which Det. Gregory served as co-lead sex-crimes unit investigator?

3) Did Taylor, Gregory or their commanding officers notify their bureau chiefs, and did either of those chiefs notify you?

Oklahoma City’s litigation division head Richard Smith responded on Citty and Ruddock’s behalf, stating that the police department policy on disclosing conflicts of interests that I cited “refers to the relationships of employees regarding supervision and/or assignments, not to family members working on the same cases.”

Strange. The plain language of the policy states that “all employees” should “avoid situations” giving rise to conflicts of interest “with other employees” — without regard to their status as supervisors and without any specification on whether the situations involve “assignments” or not.

Is there a special Okie dictionary that translates “all employees” to “all employees except the ones we decide should be exempt whenever we decide it’s convenient”?

Smith failed to answer how Taylor was assigned to the case. He did, however, admit that the “administration of the OCPD was aware of the relationship between Elaine Taylor and Rocky Gregory.” Yet, the administration did not disclose this relationship to Holtzclaw’s defense team, which was then denied an opportunity to cross-examine Taylor and Gregory about that relationship to impeach the witnesses by uncovering potential bias and prejudice against Holtzclaw.

Smith then implicitly argued that no conflict existed anyway because Elaine Taylor was “assigned to (accuser Jannie) Ligons’ rape complaint, which was assigned to Detective Kim Davis.”

Finally, Smith glibly asserted, “the forensic lab did not have a Holtzclaw case.”

The only thing missing from this doozy of a reply was a Clintonian retort that “It depends on what the meaning of ‘is’ is.”

Let’s break down the Oklahoma City litigation head’s flimsy rhetorical walls of obstruction:

1) Forensic analyst Elaine Taylor’s son-in-law, Det. Rocky Gregory, interrogated Holtzclaw with Det. Davis on June 18, 2014, just 14 hours after Holtzclaw pulled over Jannie Ligons at an end-of-shift traffic stop.

2) Forensic analyst Elaine Taylor’s son-in-law, Det. Rocky Gregory, mishandled and potentially contaminated the evidence bag used to store Holtzclaw’s uniform pants — the linchpin forensic evidence examined and tested by his mother-in-law.

As forensic expert Dr. Michael Spence noted in a sworn affidavit supporting Holtzclaw’s motion for an evidentiary hearing:

“At the June 18, 2014, interrogation of Officer Holtzclaw, investigators secured the uniform pants at about 6:00 p.m. At the beginning of this process, video footage showed Detective Gregory placing his bare hand into the evidence bag. The detective proceeded to push on the bottom of the bag — in order to fully open it. Officer Holtzclaw could then be seen handling his utility belt, his cell phone, his pockets, his wallet, and his keys —  all prior to unclasping his belt, unzipping his fly, and removing his pants. In addition to the obvious DNA transfer issues associated with this order of events, both the belt and the pants collected from Officer Holtzclaw were placed in one bag. Consequently, these items were stored together, transported together, and remained together, until the moment that the lab analyst accessed the contents of the evidence bag.”

Forensic analyst Elaine Taylor compounded her son-in-law’s mishandling of the evidence bag by failing “to collect any ‘substrate control’ samples from either the uniform pants or the belt,” Spence reported. Moreover, Taylor incorrectly testified at trial that “no male DNA was found” on two inside areas of the fly of Holtzclaw’s uniform pants, contrary to what her bench notes revealed. Taylor then contradicted her own “inconclusive” assessment of the contributors to DNA mixtures on a swab from the outside of the pants’ fly and the two swabs from the inside. This bolstered Assistant District Attorney Gayland Gieger’s false assertion that female accuser Adaira Gardner’s DNA could only have arrived on the pants through transfer of vaginal secretions.

Taylor’s own sworn testimony at trial was that she failed to observe any staining, failed to conduct serological tests and failed to use an alternate light source or provide any other scientific support for Gieger’s brazenly unscientific claim.

3) Forensic analyst Elaine Taylor’s son-in-law, Det. Rocky Gregory, was present during the search of Holtzclaw’s car in the wake of Ligons’ sexual assault allegation. All of the swabs taken from the car were submitted to the OCPD crime lab. In fact, when Elaine Taylor called Det. Davis to ask a question about the swabs, Det. Davis replied that she could not answer the questions because “I did not ask for those swabs to be taken.”

4) Forensic analyst Elaine Taylor’s son-in-law, Det. Gregory, was one of six participants in a meeting at the Springlake Division before Holtzclaw was taken to headquarters to be questioned about the Ligons stop.

5) Forensic analyst Elaine Taylor’s son-in-law, Det. Gregory, was involved with his supervisor, Lt. Timothy Muzny, in the process of preparing a photo lineup to show to accuser Ligons.

6) After Holtzclaw’s interrogation, forensic analyst Elaine Taylor’s son-in-law, Det. Gregory, accompanied Holtzclaw to his home, where Det. Gregory failed to take key pieces of forensic evidence, including Holtzclaw’s underwear (which Det. Gregory incorrectly assumed had been washed) and other uniforms.

7) Richard Smith’s denial that the crime lab handled a “Holtzclaw case” is contradicted by the lab’s own assignment of just two case numbers — SD14-273 and SD14-399 — for all the evidence tested. Both lab case numbers list the defendant as “Holtzclaw, Daniel.” Lab case No. SD14-273 combined evidence from several accusers’ allegations under that one case, beginning with Ligons’ allegations and including DNA from nine other accusers (Terri Morris, Sherry Ellis, Florene Mathis, Carla Johnson, Rosetta Grate, Kala Lyles, Regina Copeland, Adaira Gardner and Syrita Bowen), as well as DNA from Holtzclaw and his then-girlfriend Kerri Hunt.

8) Forensic analyst Elaine Taylor’s son-in-law, Det. Gregory, was one of 12 OCPD officials who executed a search warrant at 633 Culbertson Drive on Sept. 3, 2014, the residence where accuser Rosetta Grate alleged Holtzclaw assaulted her and where she alleged she had left DNA evidence on the back of a chair and on a towel she claimed she left in a bedroom closet. Taylor conducted testing on evidence collected at this scene where her son-in-law, who had earlier mishandled DNA evidence collection at Holtzclaw’s interrogation, was present.

Taylor’s test results showed that unknown male DNA from at least two males was found on chair samples from the front and back of the chair.

9) Det. Gregory was the lead detective investigating the sexual assault claims of accuser Terri Morris. He collected her buccal swabs during an interrogation at the Oklahoma County Jail and submitted her DNA to the crime lab as part of lab case No. SD14-273, which means that Det. Gregory was the head of a case for which he was directly submitting DNA evidence to his mother-in-law. His request to “test all swabs in this case for DNA analysis” was initialed by his mother-in-law.

10) Det. Gregory noted in one of his police reports on his investigation of Terri Morris’s allegations that her case and Ligons’ case were aggregated:

“Reference to all DNA involved in both cases 14-41539 (Morris) and 14-49050 (Ligons) they will be worked under 14-049050 since related. For further information see serology reports or Detective supplementals thereafter.”

In other words, Det. Gregory and Det. Davis, supervised by Lt. Muzny, consolidated the forensic evidence in the Morris and Ligons cases under 14-049050 (the case number assigned to Ligons’ incident) since they were both “related” to Holtzclaw. As described previously, the police submitted DNA from Ligons and nine other accusers under Ligons’ lab case No. SD14-273. Police incident number 14-49050 (Ligons’ case) is present on many evidence documents signed by Elaine Taylor (such as chain of custody forms for accusers’ buccal swabs). This means that Taylor was well aware that numerous alleged victims were involved in No. 14-049050 — not just Jannie Ligons.

In sum, Det. Gregory was actively and intimately involved in the Holtzclaw investigation from day one, including participating in a strategic meeting with higher-ups before Holtzclaw’s interrogation, conducting the interrogation with Det. Davis, overseeing the search of Holtzclaw’s vehicle, and participating in the formulation of a photo lineup for accuser Ligons (which Det. Davis nixed). Det. Gregory personally collected and directly submitted DNA evidence in the Holtzclaw case to his mother-in-law and participated in a raid of a home where more DNA evidence in the Holtzclaw case was collected and submitted to his mother-in-law.

At the crime lab, Elaine Taylor was fully aware that various accusers’ allegations and forensic items were consolidated together as part of the Holtzclaw case.

Taylor revealed her unscientific and unprofessional bias at trial when she testified that “unfortunately” Holtzclaw’s DNA was not found in the oral wash from accuser Ligons’ hospital rape exam. Based on his single, two-hour interrogation of Holtzclaw, Taylor’s son-in-law, Det. Gregory, deemed him a “psychopath.”

Taylor’s collaboration with the prosecution to emphasize that the DNA on Holtzclaw’s pants that she matched to accuser Adaira Gardner was most likely from vaginal fluid transfer “not only contradicted the scientific results,” according to Dr. Spence, but also “defied the logic that wearers typically leave DNA on their frequently used garments.” He further noted that the minuscule quantities of DNA mixtures found on Holtzclaw’s pants “were quite consistent with the expected transfer of epithelial skin cells during incidental handling events.”

As six independent scientists and forensic experts who released a public report on the flaws and failures of the OCPD crime lab, prosecution and defense counsel in Holtzclaw’s case noted, the presence of unknown male DNA in the mixture supports the valid, nonsexual explanation of how the DNA arrived on Holtzclaw’s pants: nonintimate skin cell DNA indirect transfer.

Yet, Taylor and Assistant District Attorney Gayland Gieger misled the jury on this point. And significantly, Det. Gregory publicly expressed his own similarly erroneous and unscientific views about transfer DNA.

When I asked him, “Is it possible that there is an innocuous and completely non-nefarious reason that the 17-year-old’s DNA was on his pants?” Det. Gregory replied, “No.”

When I asked him, “He couldn’t have gone to the bathroom, put his hands down there?” Det. Gregory replied, “No.”

How did Det. Gregory arrive at these views, and did he discuss them with Taylor?

Did it ever occur to either that the unknown male DNA on Holtzclaw’s pants might possibly belong to Det. Gregory?

Elaine Taylor’s and her son-in-law, Det. Gregory’s, shared bias against Holtzclaw and shared incorrect beliefs about the DNA evidence went unexamined at trial because the OCPD administration, despite being aware of their relationship, failed to disclose it to Holtzclaw’s defense counsel.

According to Smith, in response to a prior public records request that I filed in August 2017, the police department found zero emails between Taylor and Gregory regarding the Holtzclaw case — an amazing outcome given their familial ties and the high-profile nature of the case.

Shouldn’t other defendants and their lawyers in other criminal cases on which Taylor and Gregory worked together know about their family ties?

Shouldn’t the public know if their shoddy, biased work together produced other unjust convictions based on confirmation bias-driven investigations and faulty forensic evidence collection, testing, analysis and testimony?

Shouldn’t the public have immediate access to a full list of the cases on which this mother-in-law and son-in-law duo worked?

Through artifice and word games, the Oklahoma City Police Department hopes to deny the blindingly obvious: The failure to disclose OCPD crime lab analyst Elaine Taylor and Det. Rocky Gregory’s family connection undermined an accused man’s right to a fair trial and denied him the opportunity to expose bias, conflict and potential misconduct that could well have changed the outcome of the trial and the fate of Officer Daniel Holtzclaw.

Michelle Malkin is host of “Michelle Malkin Investigates” on CRTV.com.

COPYRIGHT 2017 CREATORS.COM

3 hours ago

Can cleaning the ocean be marketed?

Trillions of pieces of plastic are creating huge garbage patches in the world’s oceans. One company’s efforts to do something about this problem can lead us to rethink some perceived economic wisdom.

The National Oceanic and Atmospheric Administration estimates that two million tons of plastic enters the world’s oceans each year. Most of this waste results from irresponsible disposal. Ocean currents have created five major garbage patches. The most notable is the Great Pacific Garbage Patch between California and Hawaii, double the size of Texas and containing 1.8 trillion pieces of plastic. The patches are nuisances, can harm ocean life, and provide one rationale for banning plastic straws, silverware, and bags, although the wisdom of plastic bans is a topic for another day.

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Floridians Andrew Cooper and Alex Schulze witnessed the ocean trash problem while surfing in Bali and started 4Ocean in response. As the company’s website describes it, “Devastated by the amount of plastic in the ocean, they set out to find out why no one was doing anything about it.”
The problem was that no one could get paid to pick up the trash, and Mr. Cooper and Mr. Schulze hit upon an idea. For $20, customers can buy a 4Ocean bracelet made from recycled plastic and remove one pound of trash. To date, 4Ocean has removed more than 4.4 million pounds of plastic.
Can we trust that 4Ocean removes trash from the ocean? To assure customers, 4Ocean relies on Green Circle Certification. Green Circle provides third party certification of a variety of environmental claims, including recycled content in products, energy savings, and carbon footprint reduction. Companies like 4Ocean pay Green Circle to assess their operations. For certified claims, Green Circle lets the customer use their symbol and enters the product in their online database.

Certification seemingly faces a conflict of interest: Won’t Green Circle always certify the claims of paying customers? While this is a danger, ultimately a third party certifier really sells only its veracity. 4Ocean will only pay if Green Circle’s seal matters to potential customers. Green Circle, which has been in business since 2009, makes money over time only by being honest.

Third party certification has a long history. The case most studied by economists is Underwriters’ Laboratories, which tests consumer products for safety. The UL stamp assures insurers that lamps, toasters, and other products are not fire hazards.

How does this relate to government and environmental protection? Americans value protecting the environment, but conventional wisdom holds that business cannot make money protecting the environment. Any commercial venture must charge for its product or service, and normally does so by allowing only paying customers to get the product or service.

Yet allowing only paying customers to benefit from environmental protection is almost impossible: everyone benefits if the Great Pacific Garbage Pile is cleaned up. If businesses cannot market environmental protection, we will have to turn to government and taxes.

We have an incentive to let someone else clean up the ocean, but also like to contribute to good causes. 4Ocean taps into this sentiment, and their bracelet lets customers to show off their good deed. Environmental groups raise millions of dollars in a similar fashion. Charities do this too; Save the Children allows donors to learn the story of a child they “rescue.”

Proponents of government action will point with justification that the funds raised through markets to protect the environment are small relative to the scale of the problems. The 2,200 tons of plastic 4Ocean is just a drop in the bucket. Yet government efforts can be poorly funded, very costly, and of poor quality. The Government Accountability Office has repeatedly documented the flaws of the Energy Star labeling program.

Ultimately we must pay for environmental protection. Businesses and charities must deliver to continue being supported by their customers or patrons. Each success in marketing environmental protection enables a valuable alternative and should be celebrated.

Daniel Sutter is the Charles G. Koch Professor of Economics with the Manuel H. Johnson Center for Political Economy at Troy University and host of Econversations on TrojanVision. The opinions expressed in this column are the author’s and do not necessarily reflect the views of Troy University.

4 hours ago

VIDEO: Alabama’s abortion bill gets plenty of attention, changes to a proposed lottery fund education, tariffs hurt Alabama farmers and more on Guerrilla Politics …

Radio talk show host Dale Jackson and Dr. Waymon Burke take you through this week’s biggest political stories, including:

— Is Alabama’s abortion ban good policy or good politics?

— Will the 25 percent allocated for education secure the passage of a lottery in Alabama?

— Will Alabama farmers blame President Donald Trump or the previous administration for the current impact tariffs are having on their livelihoods?

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Jackson and Burke are joined by Democratic activist Pam Miles to discuss plans to protest Alabama’s abortion ban and how Democrats in Alabama move forward.

Jackson closes the show with a “parting shot” at those perpetrating the “25 white men” narrative when discussing Alabama’s abortion ban.

https://www.facebook.com/303363616352436/posts/2418925051462938/

Dale Jackson is a contributing writer to Yellowhammer News and hosts a talk show from 7-11 am weekdays on WVNN.

6 hours ago

Roby: A pro-life update from the federal level

Throughout my time in Congress, I have been staunchly and unapologetically pro-life. I will continue to use this platform to fight for life at every stage because unborn babies cannot fight for themselves. Since much of the news in our state and throughout the country lately has focused on recent pro-life efforts, I would like to take this opportunity to share an update about my work on the federal level to defend the unborn.

In February of this year, the Trump Administration’s Department of Health and Human Services issued a rule that would restrict Title X family planning grants from being steered to entities that are not physically and financially separate from abortion providers. A series of court injunctions have frozen these rule changes, and as a result, hundreds of abortion facilities, like Planned Parenthood, are still receiving federal tax dollars through Title X grants.

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While the rule is going through the judicial process, the Democrat majority on the House Appropriations Committee has elected to tie the hands of the Department of Health and Human Services through legislation stating that the Department may only act in accordance with regulations established prior to January 18, 2017, just two days before Donald Trump became President. This is unacceptable – we simply cannot handcuff the current administration to regulations of the past.

During the recent full Appropriations Committee markup of the Labor, Health and Human Services, and Education Subcommittee Fiscal Year 2020 funding bill, I offered an amendment that would allow the courts, rather than the Democrat majority in the House, to decide the fate of the Trump administration’s proposed rule restricting Title X family planning grants from being awarded to facilities that provide abortions. Despite the inclusion of the Hyde Amendment, abortion providers have been able to get their hands on American tax dollars through these Title X funds. I am unapologetically pro-life, so I don’t want this to happen, and the majority of the people I represent don’t want this to happen.

The Trump administration’s proposed rule would draw a clear, bright line between family planning services and abortion providers. Unfortunately, my amendment did not pass, but to ensure that the rule has a fighting chance of becoming law, we must allow it to go through our judicial process – not block it legislatively as part of a political game.

In addition to the Department of Health and Human Services, the Food and Drug Administration (FDA) is also taking measures to stand up for the unborn. Two foreign companies, Aid Access and Rablon, have been known to distribute chemical abortion drugs to customers in the United States by mail-order. This practice is already illegal, and the FDA has taken action against it, but it is still happening.

This abortion drug, called Mifeprex, is approved by the FDA, but it is only legally available to patients in the United States through health care providers. It is not available in retail pharmacies, and it is certainly not legally available on the Internet. However, these abortion-by-mail providers, primarily based in Europe, have widened their consumer base to include the U.S. They provide remote consultations, send prescriptions to be filled in India, then send the abortion drug to U.S. customers by mail.

By violating the FDA’s safety protocols, these companies are endangering the health of American women and their children. The FDA has been combating these practices, but I recently led a letter, signed by 117 of my colleagues, that was sent to Dr. Norman Sharpless, acting FDA commissioner, urging him to further crackdown. I was proud to join my fellow pro-life colleagues in sending the clear message that we will not tolerate these dangerous, illegal practices, and I applaud the steps the FDA has already taken to protect women and unborn children.

I share these updates to make the point that while we still face challenges, our pro-life momentum is strong, and I will keep pushing forward on the federal level. I want the people I represent in Alabama’s Second District to know that defending the unborn remains a top priority of mine, and I will continue to speak out for those who cannot speak for themselves.

Martha Roby represents Alabama’s Second Congressional District. She lives in Montgomery, Alabama, with her husband Riley and their two children.

8 hours ago

University of Alabama, other Southern flagship universities see biggest bump in enrollment

Enrollment at several universities in the South jumped more than 50 percent in a decade, according to data from the College Board.

University of Arkansas saw its number of full-time students grow 63 percent from 2007 to 2016, the most of any flagship university. University of Alabama and University of Mississippi had the next largest increases at 55 percent and 51 percent, respectively.

In addition to the allure of football tailgate parties, students may have been enticed by lower tuition fees and living expenses. Among the 50 flagships, University of Arkansas ranked No. 38 in cost, while Alabama was No. 30 and Ole Miss came in at No. 44.

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Admissions officers should take note. The high school class of 2012 ushered in a first wave of declines in the number of graduates nationwide, according to a report by the Western Interstate Commission for Higher Education in Boulder, Colorado. The trend will worsen after 2025, when the impact hits from a drop in births that began with the 2007 recession.

Some of the boost in enrollment at schools in warmer locales coincides with a rise in the region’s population growth, with exceptions. Florida’s population grew by 2.45 million since 2010 while its flagship university saw enrollment slide 4.4 percent from 2007 to 2016.

Studying in the Sunshine State comes with a hefty price tag for non-residents. Out-of-state students at the University of Florida pay more than four times what their in-state counterparts pay, the largest premium among the 50 flagship schools. University of North Carolina at Chapel Hill ranks second. Out-of-state students there pay more than $35,000 in tuition while those in-state pay less than $9,000.

University of Michigan is the most expensive flagship university for out-of-state students, at close to $50,000 per year. Next are University of Virginia and University of California at Berkeley. All three are consistently among the top-ranked U.S. public colleges.

Meanwhile, the cost gap for in-state and out-of-state students decreased the most at University of Georgia over the last decade.

University of MontanaUniversity of Idaho and University of Alaska saw the biggest declines in enrollment despite their in-state tuition costs trailing their faster-growing counterparts. Enrollment also tumbled at University of South Dakota, which has the best deal for out-of-state students. Tuition and fees for the 2018-19 school year there were just $12,425.

(With assistance from Janet Lorin and Marie Patino. Contact the reporter at shagan9@bloomberg.net.)

This article first appeared on Bloomberg.

(Courtesy of Alabama NewsCenter)

10 hours ago

Birmingham Botanical Gardens water features get a makeover

Every spring, visitors stream into the Birmingham Botanical Gardens. Children dart among the uprights at the Granite Garden fountain and dash to the Rose Gardens to see if the roses have started to bloom, or humor their parents and pose for photos.

Whether they’re coming for exercise or inspiration, guests of all ages and interests have a chance to enjoy the sights and sounds of springtime, and among these – in no small part – are the artistry and lyrical babbling of the gardens’ beloved water features.

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Over the past two years, more than half of the gardens’ 14 water features have undergone a transformation, thanks to membership support and the combined efforts of Jane Underwood, operations manager with the Friends of Birmingham Botanical Gardens, and Virgil Mathews, district horticulture supervisor with the city of Birmingham. During your next visit, check out these newly refurbished water features – a testament to the dynamic relationship between garden and water landscape.

The Cochran Water Wall in the Hill Garden was the first to be rehabbed. Dedicated in 1988, it is the focal point of the garden.

“The water wall had stopped sheeting over the entire top edge. As a result, the basin was not filling up and recirculating,” Underwood says. “We had to figure out where water was going and how to repair it.”

Underwood and Mathews worked with Alabama Aquatics, which removed the tile on the back wall and sealed the wall before replacing the tile. Problem solved.

They then turned their attention to the 1967 Japanese Garden streambed because the water was not cascading over the waterfalls.

“It was flowing into cavities before it ever reached the waterfall,” Underwood says.

Parrot Structural Services pumped the cavities with hydraulic cement to fill the voids. They applied the same treatment to the Abroms Rhododendron Species Garden basin, the Curry Rhododendron Garden pond and the Fern Glade streambed.

The team was excited to discover a way to have the iconic North and South Urns repaired on-site. Dedicated in 1988, the urns are fixtures of the Formal Garden and help frame the space. Estes Paintingused epoxy to fill rust holes in the cast-iron vessels, sanded the urns and repainted them.

Alabama Aquarium & Pond Services (AAPS) then installed new pumps and placed them in such a way that they’re not visible from the paths,” Underwood says.

Other improvements were less extensive but no less important. In the Curry Rhododendron Garden pond, “horticulturist Tiffany Sutton had been filling the pond with a hose when the water level dropped,” Underwood says. A new pump with an auto-fill feature now fills it as needed.

The 2006 Loblolly Pine Cone fountain by sculptor Brad Morton in the Southern Living Garden also received a new pump. The Abroms Rhododendron Species Garden basin, which like most streambeds at the gardens was created with shotcrete applied directly to the soil without rebar to reinforce it, was rebuilt using reinforced concrete. Thanks to the combined efforts of Bright Future Electric and AAPS, the quaint pond in the McReynolds Garden greets visitors with the gentle welcome of a bubbly fountain.

“It’s amazing – the feel of the place – when the fountains are up and running,” Underwood says. “When you walk through the Japanese Garden or sit in the new swings in the Abroms Rhododendron Species Garden, water makes such a difference in the aesthetic of these spots. The gardens feel so alive.”

This story first appeared in the spring 2019 issue of The Garden Dirt magazine published by Friends of Birmingham Botanical Gardens.

(Courtesy of Alabama NewsCenter)