Warm Southern Breeze

"… there is no such thing as nothing."

Roy Moore: Threat, Or Savior? Examine his history to see!

Posted by Warm Southern Breeze on Sunday, November 12, 2017

First of all, let me state for the record: I am no fan of Roy Moore, nor have I ever been. So  if you’re closed minded enough to shut me out at this point, it’s your loss.

As a native, and long-time (almost lifetime) Alabamian with numerous family & friends still residing there, I “have a dog in that fight,” as is said. And to be certain, I love Sweet Home. What’s NOT to like about a state with one of the nation’s most significant diversity of flora and fauna, with mountains and beaches, clean water (for the most part), and moderate climate? It’s her politicians I loathe.

Sure, whenever the word “Alabama” comes up, most folks outside the state simply roll their eyes, and shake their heads. I mean, after all, who could forget George C. Wallace who once infamously said following his 1958 gubernatorial electoral defeat, “I was out-niggered by John Patterson. And I’ll tell you here and now, I will never be out-niggered again.”

Who could forget the host state where horrific actions by former Governor George C. Wallace, who in his 1963 gubernatorial inaugural infamously said “segregation now, segregation tomorrow, segregation forever,” and his notorious stand in the schoolhouse door a few months later at Foster Auditorium on the campus of the University of Alabama, in Tuscaloosa on June 11, 1963?

Who could forget the deaths of 4 little girls in the KKK bombing of the 16th Street Baptist Church in Birmingham, the Bus Boycott, lunch counter sit-ins, Bloody Sunday, Birmingham’s cruel Police Chief Theophilus Eugene “Bull” Connor, high-pressure fire hoses, police dogs, and the Selma to Montgomery March?

There’s no question that it is the “bad” Wallace most people enjoy remembering. But they also conveniently forget the “good” Wallace which, following his close brush with death on the Presidential campaign trail in Maryland when would-be assassin Aurthur Bremer’s five bullets cut him down May 15, 1972, permanently paralyzing him, had a Christian conversion experience, later wrote Bremer in prison and forgave him, and of his racist abuses later said in 1979 that, “I was wrong. Those days are over, and they ought to be over,” publicly sought forgiveness of the Black community which he previously alienated and ostracized, and was overwhelmingly re-elected Governor with their support for an unprecedented fourth term. He is the only Alabamian to have ever been governor four times. Concerning his change of heart, and stance, as the Drive by Truckers sing, “it’s the duality of the Southern thing.”

But more to the point.

Roy Moore rose from political obscurity following 1992 appointment to the Etowah County County Circuit Judgeship (16th Circuit) by then Republican Governor Guy Hunt – a Primitive Baptist preacher & Amway salesman whose only political experience had been as Cullman County Probate Judge, who was the state’s first Republican governor since Reconstruction, was later indicted and convicted of theft, conspiracy, and ethics violations, and forced to resign from office for misappropriating $200,000 from a 1987 inaugural account and using it for personal purchases, and for abusing a state-owned plane to fly to preaching appointments.

Whew! Almost gotta’ catch your breath following all that! But, as is said, “the apple doesn’t fall too far from the tree.”

But I won’t go into detail about Moore’s son Caleb who, now nearing 30 years of age, has been arrested at least nine times on various charges – most recently as October 2017 – ranging from numerous illicit narcotics possession charges throughout Alabama, 2-DUIs in 2 different states, criminal trespass, hunting over bait, and without permission, and more, but has yet to serve a day behind bars for any his various misdeeds. Again, “the apple doesn’t fall too far from the tree.”

Nevertheless…

Roy Moore, who has been colloquially known as “The Ten Commandments Judge,” gained notoriety for the circus atmosphere surrounding his steadfast refusal to remove a crude, homemade plaque of the Mosaic Law from his courtroom following orders to do so by a state Judge.

Parlaying himself into the role of a victim, he later campaigned for Alabama Supreme Court Justice, and won in 2001… but was later ousted November 2003 by the Alabama Court of the Judiciary for refusing to remove a monument which he commissioned of the Ten Commandments and had installed under the cloak of darkness in the Alabama Judicial Building.

Of note, a friend of mine had the lowest bid by far to remove the 5-ton granite monstrosity, but was rejected. Seems he proposed demolishing it and hauling it out in wheelbarrows to the dump.

Moore then campaigned in 2012 for the same office, and was again elected. In an Administrative order he issued January 6, 2016 to Alabama probate judges he defied the United States Supreme Court (SCOTUS) ruling in Obergefell v. Hodges, and ordered the magistrates in Alabama’s 67 counties to refuse to issue marriage licenses to same-sex couples, and to adhere to the Alabama Supreme Court rather than by the United States Supreme Court in the matter claiming the State court’s orders “remain in full force and effect.”

Because of his Administrative Order to the state’s Probate Judges, on May 6, the Alabama Judicial Inquiry Commission forwarded charges against him to the Alabama Court of the Judiciary, which suspended him with pay pending a settlement, or trial before that court.

In August, Judge William Albritton of the U.S. District Court for the Middle District of Alabama dismissed Moore’s lawsuit which challenged the constitutionality of his suspension and discipline. Later that same month, the Alabama Court of the Judiciary held a hearing in which it refused to dismiss the complaint against Moore, or to dismiss him summarily from the bench, and suspended him September 30, 2016, for the remainder of his second term, which was due to expire January 13, 2019.

He appealed his suspension on October 3 that year, but the Alabama Supreme Court upheld the decision on April 19, 2017. Because he would be aged over 70 years at that time, Alabama law forbids his holding office, so he was effectively rendered null and void.

Which all brings us to the present.

Roy Moore is now the Republican party’s nominee to replace former U.S. Senator Jeff Sessions, who after nomination by POTUS Donald J. Trump, and Senate confirmation, became the U.S. Attorney General. On December 12, 2017 in a Special Election, Moore will be facing Democrat candidate Doug Jones, a former Federal Prosecutor who is most renown for successfully prosecuting long-lost KKK domestic terrorists Bobby Frank Cherry, and Robert Edward Chambliss who killed four little girls in the 16th Street Baptist Church bombing on on Sunday, September 15, 1963, in Birmingham, Alabama, and for indicting Eric Robert Rudolph who for 10 years bombed various buildings across the Southeast, and was known as the “Olympic Park Bomber.”

But most recently, Moore has been blasted by accusations from four women unknown to each other, whose claims were independently validated by over 30 people, who did NOT seek out the press, and who told horrific tales about Moore, who at the time was in his early 30’s and Deputy District Attorney for Etowah County, Alabama, and was known to “date” teenagers, and one of the four, whom at the time was aged 14, whom is identified as Leigh Corfman. In the allegations, the four told of him plying them with alcohol, taking them to his trailer, and fondling them. Or, more accurately, sexually assaulting them, including one episode in which he was alleged to have undressed to his underwear, and undressed to her underwear the 14-year-old, and then groped her breasts and crotch while he was visibly sexually aroused.

His “MO,” or modus operandi, the tell-tale methods he used were all independently identified, and corroborated by the four. They all knew where he lived. They all knew where he worked. They all knew he was in his 30’s, and they all knew that he knew they were under age.

To be certain, Moore was NOT accused of rape, but groping the genitals and breasts of teens not only a felony crime then, but it is now as well. However, the Statute of Limitations has since long expired for any possible attempt to prosecute for the crimes.

The women have no political or ideological axe to grind, and one is a registered Republican, and stated that she voted for Donald Trump.

Most recently, a former colleague of Moore’s whom worked alongside him in the Etowah County District Attorney’s Office – Teresa D. Jones, now residing in Sarasota, Florida and partner in a law firm there – wrote on the Gadsden Times website comments section that, “I was a deputy DA in Gadsden with Roy Moore. I have no doubt these stories have validity. Roy was known to eschew dating his own age and preferred teenagers. I challenge [sic] all of my colleagues in the Bar and on the bench at that time to come forward to support that Roy Moore should not be elected to represent the place of my birth and home for many years. Teresa D. Jones, Sarasota, Florida.”

Moore has vehemently denied any such actions, though he has not denied knowing the women, and has “danced” around the issue by not answering with specificity the questions asked of him, and when radio personality Sean Hannity asked Moore, he responded saying, “Not generally no.” He then added that, “I don’t remember that, or dating any girl without the permission of her mother.”

Despite the horrific nature of the claims, and their veracity, it has been equally shocking to see the number of Republicans to come forward to defend Moore stating that all allegations are false for any variety of reasons, despite the facts surrounding them all. Equally bizarre are some of the ludicrously preposterous defenses being made such as citing the Virgin Mary and Joseph as some sort of exemplars to justify Moore’s criminal actions, and his denials.

To describe the debacle as a “side show” would be a gross mischaracterization. To call it a “freak show” would be only slightly more accurate.

Even the stalwart conservative standard bearer National Review has said Moore is “dangerous, unfit and vile,” and “does not belong in American government.”

However, some are still unpersuaded that Moore could have possibly behaved as a pedophile sexual abuser, and have asserted any variety of equally ludicrous and preposterous claims which are nothing but pure hyperbole, and more accurately outlandish conspiracy theories.

Now… even IF every allegation against him was false, there is something which is even MORE DISTURBING about Moore, and which is PUBLIC RECORD.

During his time on the bench as Alabama Supreme Court Chief Justice, Moore and others heard and ruled July 10, 2015 on a case known as Eric Lemont HIGDON v. STATE of Alabama about a crime which occurred at a Christian Day Care Center in Clay, Alabama.

Here… I’ll just copy/paste from the ruling, so you can read the horrific crime for yourself.

“The Court of Criminal Appeals, in its opinion, summarized the pertinent facts surrounding the offense:

“In the summer of 2012, Higdon, who was 17 years old, worked as an intern at Momma’s Place Christian Academy, a day-care facility. Higdon’s duties primarily consisted of cleaning the day-care facility and supervising children, either alone or in conjunction with an adult. During that summer, K.S., who was then four years old, was enrolled as a student at Momma’s Place.

“During August 2012, Higdon accompanied K.S. to the bathroom on multiple occasions. While in the bathroom, Higdon pulled down K.S.’s pants, touched K.S.’s penis, and performed oral sex on K.S. K .S. did not report Higdon’s actions because Higdon told K.S. not to tell anyone.

“On August 23, 2012, A.D., the parent of another child enrolled in the day-care facility, filed a police report alleging that Higdon had performed similar acts on her son. A.D. contacted K.S.’s mother, K.W., to alert her to the allegations against Higdon. K.W. asked K.S. if anyone at the day-care facility had touched him inappropriately. K.S. replied that Higdon had touched him and had ‘put his mouth on his wee-wee.’ During an interview with the clinical director of the Prescott House, a child-advocacy center, K.S. stated that Higdon had touched him and had performed oral sex on him on several occasions in the bathroom at Momma’s Place.”

Yes, rape and oral copulation of a 4-year-old child by a 17-year-old male.

Here again is copy/paste from the ruling.

“A jury convicted Higdon of first-degree sodomy of K.S., a child less than 12 years old, § 13A–6–63(a)(3), Ala.Code 1975, and of first-degree sodomy by forcible compulsion of K.S., § 13A–6–63(a)(1), Ala.Code 1975. Higdon appealed his convictions to the Court of Criminal Appeals. The Court of Criminal Appeals affirmed Higdon’s conviction for first-degree sodomy of a child less than 12 years old and reversed Higdon’s conviction for first-degree sodomy by forcible compulsion, holding that the State had failed to present sufficient evidence of the element of forcible compulsion, and rendered a judgment in Higdon’s favor on that charge.”

Now, just in the case we’re clear about this, the court overturned “reversed Higdon’s conviction for first-degree sodomy by forcible compulsion” (meaning they overturned it) based upon the ground that “the State had failed to present sufficient evidence of the element of forcible compulsion.” That was the much more serious crime.

Again, from the ruling.

“The State petitioned this Court for a review of the Court of Criminal Appeals’ reversal of Higdon’s conviction for first-degree sodomy by forcible compulsion,1 requesting that this Court overrule Ex parte J.A.P., which holds that, in a case in which the State must prove forcible compulsion and the offender is a juvenile in a relationship of trust with a child victim, evidence of the element of forcible compulsion cannot be established by an implied threat.”

In essence, the State asked the court to review the reversal based upon a previous ruling in law which said that “in a case in which the State must prove forcible compulsion and the offender is a juvenile in a relationship of trust with a child victim, evidence of the element of forcible compulsion cannot be established by an implied threat.”

Again THIS IS THE CRITICALLY IMPORTANT FACTOR:

“…evidence of the element of forcible compulsion cannot be established by an implied threat.”

The State asked the Court to overrule the J.A.P. ruling because it “prohibits the State from proving the element of forcible compulsion through evidence of an implied threat, as defined in § 13A–6–60(8), Ala.Code 1975, in cases in which the defendant is a juvenile in a position of authority over a child victim.”

And so on, and so forth… there are numerous cases cited to support the State’s claim, all legally valid justifications to OVERTURN the Appellate Court’s ruling which tossed out Higdon’s second “conviction for first-degree sodomy by forcible compulsion.”

The Court noted in it’s ruling that “When a defendant who plays an authoritative role in a child’s world instructs the child to submit to certain acts, an implied threat of some sort of disciplinary action accompanies the instruction. If the victim is young, inexperienced, and perhaps ignorant of the ‘wrongness’ of the conduct, the child may submit to acts because the child assumes that the conduct is acceptable or because the child does not have the capacity to refuse.”

ALL Justices concurred – STUART, Justice, BOLIN, PARKER, MURDOCK, MAIN, WISE, and BRYAN, JJ., concur. SHAW, J., concurs specially. Thus, the “conviction for first-degree sodomy by forcible compulsion,” was upheld.

However, Chief Justice Moore was the solitary dissenter.

He wrote in part that “Because there was no evidence in this case of an implied threat of serious physical injury under this definition, or of an implied threat of death, Higdon cannot be convicted of sodomy in the first degree “by forcible compulsion.””

Again, let’s just make 100% certain that we understand this CORRECTLY.

As Alabama Supreme Court Chief Justice, Roy Moore in 2015 voted AGAINST convicting a 17-year old who sodomized (performed oral sex upon) a 4-year old child.

Is that the kind of man you want to represent you in Washington, D.C. as a United States Senator?

By the way… in a strange twist of irony, Luther Strange was the Prosecuting Attorney for the State of Alabama when that case was argued before the Alabama Supreme Court.

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