City of Anniston approves preliminary agreement with RMC Board

The Anniston City Council voted Monday to approve a preliminary agreement to resolve its recent legal disputes with the Regional Medical Center Board. The council did not, however, release the terms of the agreement pending coordination with the hospital board.

The council met in a called meeting to vote on the measure after its representatives settled on the tentative agreement with the board through a neutral mediator during the weekend.   City Manager Brian Johnson said the board must also approve the agreement to fully settle the matter. Johnson said the board had met Monday evening to vote on the agreement.

Johnson and Mayor Vaughn Stewart declined to release the exact terms of the agreement until the board has officially approved the terms as well. The council met in executive session to discuss the terms before the vote.

RMC's lawsuit demands a judge reverse the council's October decision to remove Kernion from his seat and appoint Johnson and Anniston resident Paula Watkins to the board. As part of the mediation agreement, however, RMC agreed to dismiss its challenge to Johnson's appointment. Also, a temporary injunction from the court kept Kernion as chairman.

Blount county teacher removed from classroom

Matt Wester

A teacher at Cleveland High School in Blount County is accused of having an improper relationship with a female student.  Blount County superintendent James Carr says Matt Wester was removed from the classroom on Nov. 25.  Carrs says he received a report that Wester had an improper relationship with a student. 

The case is being investigated by the district attorney’s office.

 Wester has been an instructor at school for nearly three years and was the assistant head football coach and head track coach.

Appeals court gives Etowah prosecutors additional time to file response to court filings

Joyce Hardin Garrard

A state appeals court has given Etowah County prosecutors more time to respond to legal challenges in the case of a woman charged in her granddaughter’s running death.

The Alabama Court of Criminal Appeals says prosecutors have until next week to answer arguments filed by attorneys representing  Joyce Hardin Garrard. Defense attorneys filed motions asking that the case be dismissed because of what they see as potential problems with the autopsy.

The state asked for more time to file documents that were supposed to be due last week.

Garrard is charged with capital murder in the February 2012 death of her 9-year-old granddaughter, Savannah Hardin. Prosecutors claim the woman made the girl run until she collapsed as punishment for a lie about eating candy bars.

Garrard argues that her rights have been violated by a nearly three-year wait for trial, and that the doctor who performed the autopsy was later fired by the Department of Forensic Science over allegations which included possible falsification of documents and dereliction of duty. In their motions, the lawyers contend the physician has failed to testify in other cases and may not be available to testify in Garrard’s trial.

Her attorneys, Dani Bone and Sam Bone, contend in court documents that the child died because of long-standing health problems. The court filings state that testimony about the girl’s physical condition and the autopsy could be vital at trial. The lawyers have asked the appeals court to order Etowah County Circuit Judge William Ogletree to throw out the charge.

Hospital negotiations

The city of Anniston and the Regional Medical Center board have just nine days remaining  to settle their recent legal disputes or a judge may do it for them.

The parties have until Dec. 9 to reach an agreement or else they must return to court to settle a months-long fight that resulted in the board suing the city.

Officials with the city have declined to comment on the ongoing negotiations.

Both parties decided Oct. 9 to use a neutral mediator to help barter a deal after agreeing to try to settle their issues outside of court.

RMC's lawsuit demands a judge reverse the council's October decision to remove Kernion from his seat and appoint city manager Brian Johnson and Anniston resident Paula Watkins to the board. As part of the mediation agreement, however, RMC agreed to dismiss its challenge to Johnson's appointment. Also, a temporary injunction from the court kept Kernion as chairman.

All other disagreements must be settled through mediation or the court.

City and board representatives spent 12 hours with the mediator in Birmingham on Oct. 28 but failed to reach a resolution. The city and board have been negotiating through the mediator by phone and email since then.

The situation is the culmination of a months-long struggle between the city and the board over whether the board is a public entity, how autonomous it is from the city and how much information about the Anniston-based hospital it must provide to the public.

Unemployment fraud

A dozen Alabamians pleaded guilty in the past few months to defrauding the state's unemployment insurance benefits program and must pay restitution totaling $42,277. They were charged with violating the Alabama Unemployment Compensation Law by making false statements in claims for benefits, according to a news release.  The department's Benefit Payment Control Section investigated the cases. All defendants must repay the entire amount they received through false claims. All were sentenced to jail time, with most of their sentences suspended pending restitution payment and good behavior.  Among those who pleaded guilty and were sentenced in September, October and November were

    Jamarious L. Carter, of Anniston, unlawfully received $2,140 in benefits

  Courtney T. Wilson, of Sylacauga, unlawfully received $7,338 in benefits

Suspected unemployment compensation fraud can be reported to the Alabama Department of Labor by calling 1-800-392-8019.

Two killed in weekend fire in Childersburg

The Childersburg Fire Department says two people died in a fire on Saturday between the hours of 4 and 5 Saturday morning in the Kymulga area.

 Fire officials confirm an 89-year-old woman and her 10-year-old granddaughter were killed in the fire.

 Family members say six people were in the home at the time of the fire.

 The family says they have lost everything. They are trying to get in touch with the red cross for help