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Bentley's "Sweetheart" Plea Deal Leaves Us Thirsty For Justice
By Donald V. Watkins
©Copyrighted and Published (via Facebook) on April 12, 2017
©Copyrighted and Published (via Facebook) on April 12, 2017
Alabamians are gratified that Robert Bentley was forced to resign his office as governor on Monday as a part of a plea deal with state prosecutors. Bentley gave up his governorship for an opportunity to dispose of his four felony ethics violations by pleading guilty to two misdemeanor charges that carried no jail time. It was a classic "sweetheart" plea deal for Bentley.
We are not convinced that justice was served in this case. Bentley and Rebekah Caldwell Mason engaged in a costly, three-year crime spree that looted the state treasury, Bentley's campaign account, and a 501(c)(3) non-profit account for personal gain. They also deprived Alabamians of honest government services on a systematic basis. This spree left scores of innocent crime victims in its wake.
Bentley smiled in his mugshot photo because he had escaped justice, again. The prosecutors who agreed to his plea deal apparently did not have the intestinal fortitude to take Bentley down on felony charges. They handled Bentley's case like he was a Hollywood celebrity. When the dust settled, Bentley's guilty plea left Alabamians thirsty for justice.
As we have seen in the recent cases of Robert Bentley, former House Speaker Mike Hubbard, and former federal judge Mark Fuller, rich and powerful members of Alabama's oligarchy usually get favorable treatment in the disposition of their criminal cases. Fuller lied during a judicial investigation into his conduct, but was never charged with perjury or obstruction of justice. Hubbard is still walking around free even though he was convicted on 12 counts of felony ethics charges in July of 2016. Bentley was placed in a "timeout" from the governor's office, but he is otherwise free to do as he pleases.
After Alice Martin departed as Deputy Attorney General last month, I knew Alabamians had lost the strongest and toughest prosecutor in Alabama. Bentley handpicked Steve Marshall to replace Attorney General Luther Strange. Marshall is a nice guy, but he is not tough enough for the Attorney General's job. He lacks the will, courage, and experience to take down powerful elected officials.
Here is a case in point:
While serving as Attorney General, Luther Strange asked the Legislature to stand down on the impeachment of Bentley because his office was investigating the governor. Later, Strange used his office's ongoing criminal investigation of Bentley as a bargaining chip to solicit and extract Bentley's appointment of him to Jeff Sessions' vacant senate seat. After Bentley made the appointment, Strange claimed there was no investigation of Bentley by the Attorney General's office.
As part of their quid pro quo deal, Bentley and Strange agreed that he would delay his call for the customary 90-day special election for gubernatorial appointments to elected positions until the 2018 general election. This delay ensured that Strange would not have to face a backlash from angry voters until the Republican primaries in 2018.
Luther Strange is still roaming around free. His illicit deal with Bentley constituted bribery on the part of both men. Each man traded the power of his office for a personal benefit. Rod Blagojevich, the former governor of Illinois, is serving a 14-year prison sentence for merely attempting to do what Bentley and Strange actually did.
Yet, Steve Marshall has done absolutely nothing to Luther Strange for soliciting and accepting an outright bribe from Robert Bentley.
I am hoping and praying that Alice Martin runs for Attorney General in 2018. She is an extremely talented prosecutor who is not afraid to take down big-name public corruption criminals, regardless of their party affiliation, gender, race, or station in life. As the U.S. Attorney in Birmingham from 2001 to 2009, Ms. Martin headed the North Alabama Public Corruption Task Force that obtained over 125 convictions of elected/appointed officials and contractors, including former Birmingham Mayor Larry Langford, five of six Jefferson County commissioners (i.e., Chris McNair, Gary L. White, John Katopodis, Jeff Germany, and Mary M. Buckelew), the Chancellor of Alabama Post-Secondary (Roy Johnson), and several powerful state legislators.
As Chief Deputy Attorney General, Ms. Martin and Special Prosecutions Division Chief Matt Hart successfully prosecuted Mike Hubbard despite stiff opposition from Bentley and a cabal of powerful Republican legislators.
Alice Martin is one of the two best prosecutors in Alabama history. Former Montgomery County DA Jimmy Evans is the other one. Like Evans, Ms. Martin's sole loyalty is to the rule of law, without fear or favor.
Every Bentley appointee who touched the governor's case failed the people of Alabama. Elizabeth Hamner, a Tuscaloosa state court judge, sealed Bentley's divorce files. Greg Griffin, a Montgomery state court judge, tried to block Bentley's impeachment proceedings. Stan Stabler, chief of the Alabama Law Enforcement Agency, tried to obstruct justice by tampering with witnesses and evidence in a futile effort to conceal Bentley's affair with Mason. Steve Marshall sold us out by approving the governor's "sweetheart" plea deal.
Prosecutor Matt Hart, who has dedicated his entire career to fighting public corruption, must have been holding back tears of sadness as he watched a serial criminal like Robert Bentley strike a "sweetheart" political deal that allowed him to waltz out of the Montgomery County courthouse with a smile on his face.
Alabamians deserved so much more than the snippet of justice we received in Bentley's criminal case. In the end, Bentley was smarter and stronger than the prosecutors who put together his plea deal.
If Alice Martin is reading this article today, I want her to know that the people of Alabama desperately need her back in the Attorney General's office – in the top job. Robert Bentley is gone, but Luther Strange remains a fugitive from justice. Ms. Martin is the only seasoned prosecutor I know who is not afraid to take down public corruption superstars like Robert Bentley and Luther Strange.
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