Lauren Estes

Hartselle Enquirer

Morgan County Sheriff Ana Franklin was scheduled for a Federal Court hearing on Friday, April 14 in regards to her removing $160,000 from the Jail’s inmate fund in 2015.

Although the argument of Franklin’s attorney Barney Lovelace argued that the consent degree amended in 2009 only applied to then Morgan County Sheriff Greg Barlett. However, U.S. District Judge Abdul Kallon did not agree.

“The language in the consent decree is clear, all funds must be used to feed inmates,” Kallon said. “Why is this sheriff not obligated to follow that? What gives her the right to say that the consent decree doesn’t apply to her?”

Kallon went on to say that he saw the removal of the funds as a clear violation of the consent decree that is in place.

A question made by Kallon during the argument to Lovelace was why Franklin didn’t see it was fit to ask for clarification by the court before removing money from the inmate food account.

In an interview after the federal hearing, Franklin told media partners she loaned the money to the Priceville Partners dealership in order to recoup the jail food account where $21,000 was that was lost from the previous year in the food account. She said she was supposed to receive a 17% interest rate on the loan to the dealership that would make-up for the loss in revenue.

“Yes the money was removed, but it was also returned back to that, it was available for the feeding of the inmates. At no time during that time, did the inmates ever suffer inadequate feeding, while the money was in with litigation.”

Franklin told interviewers that nutritionally balanced diets were not the issue in this case.

“We will continue to prepare for the remainder of this show cause portion of this to show the evidence that we have that the inmates have not been treated inhumanly,” Franklin said. “It’s also important to note that during the time that Sheriff Bartlett had the feeding situation that happened, inmates were complaining about their diet.”

“We have not had those complaints,” Franklin said. “As a matter of fact, over 90% of the inmates housed in the jail over 90 days, have in fact gained weight. That is important to me, and we will be able to show those things. I have tried to obey all laws, and I take seriously my personal obligation to feed, treat, house and take care of those people under my control and care inside the jail. That’s what I believe I have done throughout these six years. That’s what I believe the evidence will show when we are allowed to present that. That’s what I will continue to do as long as I am sheriff.”

During additional post hearing interviews, it was suggested that Franklin put the car before the horse.

“Yes, that seemed to be his ruling procedurally today,” Franklin said. I wasn’t aware of that, that’s all I can say to that. I was told early on that this provision didn’t apply to me. I didn’t see the need to terminate that provision because I was told that it didn’t apply to me based on all the reasons that we talked about today.”

When asked why she didn’t ask for clarification from the courts about the consent decree, she said that she was told by multiple parties that the consent decree didn’t apply to her.

Franklin would not name those who she said she received legal advice from about the decree not applying to her.

“In no way was I trying to disrespect the consent decree,” Franklin said.” I do respect the decision of the judge. I understand what he is saying, his position today and the ruling he gave from the bench.”

Lovelace said he felt they gave compelling arguments in their briefs, that the January 2009 order by Judge Clemmon did not apply with the prison Litigation Reform Act.

“I think the next step that were going to have this hearing sometime in June on whether the inmates were fed a nutritional diet and we expect that the evidence will be overwhelming that they were fed a nutritious diet.”

Several times during the hearing Kallon said Franklin should have asked the court if the amended decree specifying that all the money be spent for meals applied to her.

Lovelace said it’s not necessary that all the food money be spent to provide inmates nutritionally adequate meals.

“I agree that they can be fed nutritionally adequate meals without spending all the money,” Kallon said. “But here we have a consent decree for all the funds to be used for only that purpose. How is that is not clearly understood?”

Kallon went on to say that he would research further into the matter and would issue a ruling on the case but did not issue a date of for the ruling.

The next hearing has been set for potentially June of 2017 with the official date to be announced.