Attorneys seek to have case against Gadsden chief dismissed

Chief John Crane

Attorneys for Gadsden Police Chief John Crane have filed a challenge to the constitutionality of Gadsdens Civil Service Board Act as well as the legal standing of Joy Bates, niece of murder victim Nita Denson, and are asking to have Bates’ case against the chief dismissed. The Civil Service Board in June found Crane to be in violation of its rules for having a ministerial relationship with Denson’s murderer and son, Justin Denson, and suspended him for 15 days, with 10 days withheld. Bates appealed the board’s ruling on June 18. Her attorney, Michael Rasmussen, during the hearing on her complaint asked the Civil Service Board to dismiss Crane as chief. Her appeal is scheduled to be heard Aug. 26 before Presiding Circuit Judge Allen Millican. Michael Haney, one of Crane’s attorneys, filed a motion containing the latest challenges late Friday alleging that the Civil Service Board Act is unconstitutional because it does not afford Crane the due process he is entitled to under law. In a motion filed Wednesday, Rasmussen said Crane violated guidelines about treating victims of crime fairly. He said Crane through his relationship with Denson also violated the guidelines, which call for nurturing cooperation between the criminal justice system and witnesses and enhancing the willingness of victims or witnesses to assist in the prosecution of criminal offenders. Rasmussen also filed a motion to disqualify Roberts because he has a conflict of interest. He alleges that because Roberts is filing a challenge to the constitutionality of the Civil Service Board while representing Gadsden as city attorney, it is a conflict. Haney said that Roberts has no conflict because his job as city attorney is irrelevant to the appeal, because the city of Gadsden is not a party to the case between Crane and Bates.