Fresh Loaf

Three times over the past two years, Troy Davis has come within 24 hours of his scheduled execution, only to be spared by an eleventh-hour stay.

Now, with another execution date all but certain, the longtime death row inmate has filed what very well could be his last appeal — and a rally tonight on the Capitol steps will attempt to bring even more awareness to Davis’ high-profile innocence claims.

Seven of the nine trial witnesses who took the stand against Davis in 1991 have since recanted their testimony, many of them alleging intimidation by Savannah police officers who were investigating the murder of one of their own. Officer Mark MacPhail, who’d been working off-duty as a security guard when he came to the aid of a pistol-whipped homeless man, was brutally gunned down in a Burger King parking lot in 1989.

Davis was later convicted of killing MacPhail, but witnesses have since claimed that another man — one of the two trial witnesses who didn‘t rescind his testimony against Davis — might have been the killer.

(more…)

Bookmark It

1. Atlantans mourn Frank Mullen (Beloved music photographer succumbs to cancer.)

2. Beltline CEO Terri Montague stepping down from project (A surprising move from the woman who’d been heading one of the largest public-works projects in recent Atlanta history.)

3. Ga. governor candidate John Oxendine loves ‘Confederate gray’ (Twittering candidate gives us a little too much information about his decorating taste.)

4. Beltline’s affordable housing program starts up despite shakeup, economy (Efforts are afoot to make sure us regular people can afford Beltline-proximate property.)

5. Craigslist dropping ‘erotic services’ category (Alt-weeklies rejoice! We’ve beat out Craigslist for smut ads.)

Bookmark It

1. AJC redesign infomercial — OMG (Daily paper’s feel-good promo sounds suspiciously like a pharmaceutical ad.)

2. Three people killed in Athens, Ga., shooting (As of now, a UGA-professor-turned-suspected-triple-murderer is still on the loose.)

3. NORML now has semi-legal status in Georgia (But the party was short-lived.)

4. AJC scooped by local blogger! (Atlanta Unfiltered scores a once-in-a-lifetime nod from the notoriously attribution-stingy daily.)

5. BREAKING: Atlanta Steam relocates, exurban perverts weep (Lingerie-wearing football team runs from Atlanta. Oh my.)

Bookmark It

Yes, we’re serious: a collection of stories devoted solely to being happy — in the midst of the worst economic crisis most of us have known. But it’s not just bizarre timing. It’s also highly uncharacteristic of us, no matter what the month or year. When have you ever heard of a newspaper like us focusing on good news? We’re an industry obsessed with rather unhappy stories, from governmental abuses to political corruption, horrific crime to doomsday projections. Yadda, yadda, yadda. We’re sick of it. Let’s take a break, huh?

Continue reading “The Happy Issue” …

Bookmark It

1. AJC buyout list official — 74 to leave (In addition to the dozens of veteran reporters who jumped ship, news of Pulitzer-winner Cynthia Tucker’s move to D.C. and food writer John Kessler’s brief departure from food-writing made it a very productive week for us pageview-hoarding wretches at Fresh Loaf.)

2. Atlanta Tea Party with Sean Hannity to feature ’shit sandwiches’ (It’s estimated that 10,000 people attended. Imagine the response had Hannity been offering roast beef!)

3. Bottoms up at Frolicon (That’s a lot of booty.)

4. Anti-tax protestors urged to, um, ride MARTA (Irony sandwich, anyone?)

5. CNN’s Anderson Cooper on why Republicans can’t find their voice (A  recap of last week wouldn’t have been complete without at least one teabagging reference. Phew.)

(Photo by Joeff Davis)

Bookmark It

Troy Davis

Longtime Georgia death row inmate Troy Davis, whose innocence claims have attracted national attention and who’s received three last-minute stays of execution, has lost what could be the last appeal to spare his life.

According the Eleventh Circuit Court of Appeals’ decision, issued today [PDF]:

Davis has failed to adequately explain why he had not exhausted his state remedies concerning … prior to filing his first federal habeas petition.

Basically, it’s not a matter of too little evidence in Davis’ favor but, rather, evidence that was presented way too late.

According to the AJC:

The 11th U.S. Circuit Court of Appeals rejected Davis’ bid in a 2-1 decision, saying he could not file a new appeal raising claims of innocence. But the court continued his stay of execution for 30 more days so Davis can pursue his final appeals before the U.S. Supreme Court.

In December 2008, a three-judge panel heard Davis’ most recent federal appeal for a new trial. Through his attorneys, Davis claims to have been wrongfully convicted in 1991 of killing a Savannah police officer. Seven of the nine witnesses who testified against Davis at trial have since recanted their testimony — many of them claiming that they were coerced into identifying Davis by the police department colleagues of murdered officer Mark MacPhail.

(Photo courtesy Georgia Department of Corrections)

Bookmark It

Creative Loafing CEO Ben Eason

1. CL CEO keeps company (Creative Loafing Inc.’s biggest creditor fails in its efforts to take over the six-newspaper chain, and CL’s bankruptcy saga continues.)

2. Earl Paulk, DeKalb’s frisky “bishop,” to be laid to rest (The charismatic leader of a 12,000-congregant mega-church was repeatedly accused of sexual misconduct, all but obliterating his legacy.)

3. Mayor’s race begins in earnest at witching hour Friday (Upon the official end of the ‘09 legislative session, campaign season for local pols kicked into high gear.)

4. Georgia’s Confederate History Month, the idea that will not die (Misguided lawmakers push for a 30-day holiday that much of rural Georgia already celebrates 365 days a year.)

5. It’s official: Borders is off and running (After dropping out of the mayoral race to care for her ailing parents, City Council Prez Lisa Borders is back in.)

Bookmark It

Eason

Fresh from a Tampa courtroom, our colleague Wayne Garcia has the scoop on CL’s ownership dispute:

Ben Eason, whose family started Creative Loafing in Atlanta in 1972, was vindicated in a federal bankruptcy court in Tampa today, as a judge ruled against a lender’s effort to take control of the nation’s second-largest chain of alt-weekly newspapers.

Judge Caryl E. Delano said despite contradictory (and flawed, in her estimation) reports about the chain’s value since going into Chapter 11 bankruptcy protection in September 2008, there was no evidence given that Eason’s management of the media company is harming its value, as lender Atalaya Capital Management had maintained in its effort to dislodge Eason and the current management.

To the contrary, Delano read from the bench, three days of hearings showed that Eason’s management had done a lot to preserve value, by making budget cuts and introducing an emphasis on web publishing models, including one in Tampa that has produced a sharp increase in web traffic while making the print edition a break-even proposition instead of a money-losing one.

“I find that Atalaya has not met its initial burden of proof and is not entitled to relief [from court stays against it foreclosing on the company's debt] at this time,” Delano said.

Continue reading “CL CEO keeps company — UPDATED” …

Bookmark It

Creative Loafing CEO Ben Eason

Here’s the latest — and most pressing — dispatch on Creative Loafing’s bankruptcy case, from our colleague Wayne Garcia at CL’s Tampa paper:

The battle for control of the six-altweekly newspaper chain Creative Loafing Inc. reaches a climax this afternoon in a Tampa bankruptcy courtroom, when Federal Judge Caryl E. Delano is set to rule on a motion by lender Atalaya Capital Management to take over the company.

Atalaya wants to foreclose on its $31 million in loans given to finance CL’s 2007 expansion and purchase of Washington City Paper and the Chicago Reader. That action was blocked when CL filed for bankruptcy court protection under Chapter 11 of the federal code in September 2008.

I’ll be there and will report as soon as possible from the anti-technology courthouse (no cell phones or laptops allowed in federal court).

Download the judge’s order setting the announcement for 2 p.m. on Tuesday. She’s allowing the out-of-town Atalaya attorneys to attend via telephone.

Bookmark It

1. AJC plans to cut staff by 30 percent (As we later reported, nearly 90 editorial staffers will be bought out or laid off. That sucks.)

2. Atlanta to New Orleans rail line in danger … because of Alabama? (At least this story has a happy ending.)

3. Atlanta City Council OKs Decatur Belt deal— with a catch (Marietta Street residents protect their neighborhood from destruction, and the newest Beltline plan is a win-win)

4. Examining the Sweet 16: Nova v. Duke is can’t miss basketball (Needless to say, we rooted for the Tar Heels.)

5. Georgia slips in ’safest state’ rankings to no. 39 (The Peach State dropped seven spots, to be exact — the largest plummet in the country. Oops.)

(Photo by Joeff Davis)

Bookmark It

Our colleague Wayne Garcia at our sister paper in Tampa has another dispatch from the (seemingly never-ending) bankruptcy case that will determine Creative Loafing Inc.’s fate:

Both sides have filed their closing arguments in writing, concluding the hearing process for an attempt by lender Atalaya Capital Management to take control of the Creative Loafing newspaper chain from CEO Ben Eason. Now, federal bankruptcy District Judge Caryl Delano will rule, expected to come via telephone conference call in the next few days, possibly by Tuesday of next week.

There’s nothing new in either closing argument, just a recitation of each side’s opinion about whether the value of CL has dropped since filing for bankruptcy court protection on Sept. 29, 2008, and whether the current management is harming the company’s value and therefore diminishing the collateral used to secure $31 million in loans from Atalaya. That money was used to retire debt and purchase the Washington City Paper and Chicago Reader.

Continue reading “Closing arguments filed in CL bankruptcy case” …

Bookmark It

Think of the Urban Explorer’s Handbook as the ultimate guide for vacationing in your own city. Can’t afford the South of France? (Um, who can?) Bummed about missing out on skiing the Rockies, sunning in SoCal, vineyard-hopping in Napa? Screw it. You can spend a sunny afternoon in Decatur for a gazillionth of the cost! Venturing along Buford Highway is almost as good as traipsing through Vietnam (or Thailand or Peru or Mexico)! Cabbagetown is Atlanta’s own little slice of Bohemia!

Crack open this year’s issue to find six-hour itineraries for each of your favorite neighborhoods highlighting brand new hot spots, quirky, off-the-beaten-track treasures, and “Don’t Miss” destinations and events. Since there’s only so much we can squeeze into print, the Urban Explorer website features even more neighborhoods jam-packed with a plethora of listings to help you plan a mini vacation in your own back yard. The best restaurants? Check. Eclectic shopping destinations? You got it. Galleries to get your art fix? Of course!

Grab your travel buddy, fill your canteens and dust off that vintage Polaroid. It’s time to explore Atlanta.

Behold: The 2009 Urban Explorer’s Handbook

Bookmark It

1. Atlanta job fair at Georgia World Congress Center (If this post had attracted thousands of visits a few years back, I’d have laughed to myself and said, “What next? Creative Loafing declares Chapter 11 bankruptcy?” Hahahahaha.)

2. Soapbox: Jekyll Island Authority ‘at it again’ (At 239 comments and counting, the Jekyll post is encroaching on Black Mafia Family territory. A JIA v. BMF beef? Scary.)

3. AJC layoffs: this week or next (I’m not going to make a snide remark about the abovementioned job fair. This economy is no place for snide remarks.)

4. Georgia mayor’s Facebook page confuses nation (How easy it is to offend with a can of Schlitz and a pack of Camels!)

5. Sneak peek: Creative Loafing’s website makeover (The euphoria of making our own top-five list is only slightly diminished by the fact that most commenters trashed our makeover. Meanies.)

(Photo by Joeff Davis)

Bookmark It

Here’s the latest dispatch our colleague in Tampa, Wayne Garcia, about Creative Loafing Inc. CEO Ben Eason’s attempt to retain control of his six-newspaper company. The case continues next Tuesday in Florida bankruptcy court.

Ben Eason

It was A Tale of Two Media Companies as Creative Loafing CEO and President Ben Eason testified Thursday afternoon during a hearing to determine whether he keeps ownership of the alt-newspaper chain.

Or perhaps I should write, ownership of the alt-digital media company. Much of Eason’s testimony concerned the collapse of the print news publishing economic model starting in 2005 and accelerating with the advent of the current recession in mid-2008. Under direct examination from CL’s bankruptcy lawyer David Jennis, Eason detailed how the company responded to 20 percent decreases in advertising revenues that he says company officials started seeing in July 2008.

“There’s been significant changes in our business…” Eason said in what qualified as the understatement of the day.

Continue reading “CL CEO testifies in bankruptcy court” …

Bookmark It

Our Tampa colleague, Wayne Garcia, is closely following Creative Loafing’s court appearance today in Florida, during which the company’s CEO is arguing to maintain ownership of his six newspapers. Here’s Garcia’s first post of the day:

The Creative Loafing chain is in a Tampa bankruptcy court hearing today as owner Ben Eason tries to fend off his biggest creditor, which wants to take ownership of the chain and says it has “lost confidence” in Eason’s management.

Atalaya Capital Management LP, an investment fund that is owed $31 million from financing CL’s 2007 pay-down of debt and purchase of the Chicago Reader and Washington City Paper, said in court this morning that it would continue to operate the newspaper chain “as a going concern” and put more dollars into it rather than get rid of it in a fire sale.

Atalaya partner Michael Bogdan testified that the firm has hired another investment banking firm with media experience, Bulkley Capital of Dallas, Texas (with an office in Atlanta, the home of CL’s largest newspaper) to advise it and provide “management assistance” in running the CL papers if it is successful in court today. That firm’s founder, Brad Bulkley, has strong media experience, Bodgan said. Bulkley’s website describes it this way:

Continue reading “CL bankruptcy case in court today” …

Bookmark It

1. Atlanta THUNDERSNOW!!!! (Yes, that was last week. Snow. Inches of it. Followed by 80-degree bliss. Georgia is rad.)

2. Man found dead in Capitol office building (State employee apparently took his own life.)

3. Gena Evans: ‘Best day’ at GDOT was day I was fired (What the former Department of Transportation commissioner meant to say was, “Take this job and shove it!”)

4. Speakeasy with Outkast’s Andre Benjamin (Rapper’s “Class of 3000″ cartoon transitions from TV to the stage.)

5. Animated superheroes burst from shadows of live-action films (In other animation news, comic-book protagonists transition from ink to celluloid.)

(Image from Regator’s “thundersnow” t-shirt page on Zazzle)

Bookmark It

Why, yes. We did get a haircut. And some new threads. We’ve been working out, too. A lot. So glad you noticed.

It’s true — we’ve finally overhauled our creaky ol’ website. Here’s just a tiny glimpse of our new homepage, which we hope you’ll find better-looking and friendlier than our old one. You’ll be privy to the real deal later today NOW. (Please excuse anything that looks out of whack; we’re working out the last few kinks this very moment.)

Our new-and-improved  Music, Food & Drink, News & Views, and Arts & Entertainment pages — as well as our new A&E blog, Culture Surfing — are pretty damn hot, too. You’ll see. Soon. Like in a few hours this very second.

Of course, our makeover won’t be complete until you, dear reader, tell us what might be tweaked to make it better. Don’t be shy (not that you would). Leave us a comment on this post, or hit us up here.

Bookmark It

1. East Atlanta neighbors stand up against crime (Ken Womack’s eavBuzz.net helps folks monitor their ‘hood — in real time.)

2. GDOT Commissioner Gena Evans fired (Chief of beleaguered transit agency later tells CL her sob story.)

3. Piedmont Park residents not cool with tunnels under Atlanta (But the rest of the city thinks they’re pretty awesome.)

4. Smart-growth guru smacks Atlanta (Andres Duany is to Atlanta what Toby Young is to overcooked fish.)

5. Strip-club arson case gets seamy (How could it not?)

(Photo by Joeff Davis)

Bookmark It

Back in late February, 2004, the Democrats were busy fielding candidates for what — for them — would be a deflating presidential election. Sen. John Kerry was eying ex-nominee Howard Dean’s base of grassroots supporters — and was bracing himself against the threat that was Ralph Nader.

In a short chat with CL, Kerry had this to say in the Feb. 26, 2004, issue of the Loaf …

Kerry in Atlanta: ‘Let’s not eat our own’

Hours after Ralph Nader threw his hat back into the ring, Democratic front-runner John Kerry insisted he’s the best choice for reform-minded voters.

“I’m going to speak to Naderites [and] to people who supported Howard Dean,” Kerry said in a brief interview with Creative Loafing in Atlanta. “I intend to speak to those folks. I think my career speaks to them.”

Continue reading ‘Kerry in Atlanta: “Let’s not eat our own”‘ …

(Photo by Jim Stawniak)

Bookmark It

Richard Blais, the Willy Wonka of Atlanta

Over at our sister blog, Omnivore, Atlanta’s favorite molecular gastronomist and “Top Chef” 2008 short-lister Richard Blais will be dishing up celebrity-chef insight as Creative Loafing’s newest columnist.

Blais is ready and willing to “field as many questions as I can” and “take some harsh critique from real people behind ridiculous screen names” — with a couple of exceptions:

The rules are simple. I won’t be writing about any of my projects in Atlanta. My boss, my “chef”, my editor, the food critic, who I’ve sworn profanity at from the comfort of my own kitchens at times, won’t have it. And neither will I.

Read “Knife’s Edge: Richard Blais takes on CL …”

Bookmark It

1. Our complete Oscar predictions, even ‘Documentary Short’ (It undoubtedly was Fresh Loaf’s gusto for “The Conscience of Nhem En’s” that pushed this blog post over the top.)

2. Upcoming AJC cuts to be ’substantial’ (Tragic and unfair, but not really a surprise.)

3. The Televangelist: ‘Lost’ episode 6 (What happened Ben? What happened to Aaron? What happened to Kate’s unconvincing attempt to abide by the law?)

4. Georgia has the Bible Belt blues (The Christian Coaltion relied on teetotaling teenagers to threaten our chance to buy beer on Sundays. Meanies.)

5. Madea Goes to Jail, locks out critics (Tyler Perry is predictably cagey about his newest project.)

(Photo by Ishika Mohan)

Bookmark It

The three former Atlanta police officers involved in the 2006 shooting death of a 92-year-old woman will be sentenced Monday on federal civil rights conspiracy charges.

Former officer Arthur Tesler pleaded guilty to the charge last October. The other two officers, Gregg Junnier and Jason Smith, cooperated early on with the FBI and entered guilty pleas. (Tesler initially declined a plea offer.)

All three men also faced state charges. Junnier and Smith could serve up to 10 years after pleading guilty to voluntary manslaughter — though their sentences could be reduced due to their cooperation. Tesler, who was sentenced to four years on a lesser state charge, faces 10 years on the federal one.

In November 2006, the defendants and a handful of other Atlanta cops executed a search warrant at 92-year-old Kathryn Johnston’s Neal Street home — a warrant based on false information that illegal drugs could be found inside. After firing 39 rounds at Johnston and killing her, the officers planted drugs in her house to cover their tracks.

Monday’s sentencing is expected to last for several hours and might continue on Tuesday.

Bookmark It

Pink flamingos have descended on this East Atlanta home.

Grassroots, community-based crime-fighting is the de rigeur cause in Atlanta these days, and rightfully so.

Concerned city dwellers, including armed robbery victim Kyle Keyser, are banding together to try to reverse a disarming spike in brazen crimes — and they’re doing so in BIG numbers. Keyser’s Facebook group, Atlantans Together Against Crime and Cutbacks, has more than 6,000 members. Whoa.

Another grassroots group, Pink Flamingos Against Crime (its founding members include CL staffer Jason Hatcher, who recently witnessed a scary crime on his street), is urging intowners to plant plastic birds in their yards as an act of civil disobedience.

The birds are intended to send a message to folks like Atlanta Mayor Shirley Franklin and Police Chief Richard Pennington that citizens are pissed about increasing crime rates and peeved about police-force cutbacks.

The group will be hawking pink flamingos outside Joe’s Coffee in East Atlanta, 510 Flat Shoals Ave., from 5-8 p.m. tonight.

(Photo by Johnny Hollywood)

Bookmark It

In 2004, then-state Sen. Joey Brush fought gay marriage.

Five years before the country erupted in protest over California’s passage of Proposition 8, Georgia was gearing up for its own vote on a constitutional amendment banning gay marriage.

What a bummer that the one time we’re years ahead of California on a national trend, it has to be something that’s a source of disgrace.

In 2004, in the months leading up to the passage of Georgia’s amendment, then-CL staff writer Kevin Griffis penned a delicious story that pointed to the hypocrisy of state lawmakers who supported the anti-gay-marriage bill. One lawmaker in particular who wanted to keep gays from marrying — in order to protect the “sanctity” of marriage — was accused in court papers of cheating on his wife with two married women.

Without further ado, here’s Griffis’ 2004 story:

In defense of hypocrisy
State senator preaches “sanctity of marriage,’ is accused of adultery

During Monday’s Senate debate over a resolution to put a constitutional amendment banning gay marriage before Georgia voters, Sen. Steve Thompson issued a warning to his colleagues.

“You’re trying to out-moralize each other over here and some of you are going to break your necks,” the Powder Springs Democrat said. “Because that white horse is tall, and that fall has a kick.”

In other words, don’t cast stones if you live in a glass house.

The debate over the anti-gay marriage amendment, which the Senate approved and sent to the House on Monday, has the state Capitol boiling over with long-simmering rumors of extramarital affairs by the very people now holding themselves up as defenders of “the sanctity” of marriage. And at least one prominent state senator who supported the anti-gay amendment has been accused in court of an affair.

Sen. Joey Brush, R-Martinez, is alleged to have had extramarital affairs during the last decade with two women — one of whom, under oath in a 1997 Columbia County divorce case, identified Brush as a sexual partner.

“That had nothing to do with the vote yesterday,” he said. “The vote yesterday was about same-sex marriages. That’s all it was about, and that’s what the people of my district want to do, vote on it.”

Asked if he’d find it hypocritical to legislate morality if he didn’t abide by his own wedding vows, Brush — the Senate Education Committee chairman — retorted, “Well, I find you pretty hypocritical.” He then trotted away.

Continue reading “In defense of hypocrisy” …

Bookmark It

1. Woodstock lawmaker hates edumacation (BJs and prostitutes and legislators — oh my.)

2. Beltline, Amtrak, GDOT maps and more! (Looks like some serious wonks are reading Fresh Loaf. Hi guys!)

3. Piedmont parking deck foe gets award (Parking decks bad. People who hate parking decks good.)

4. Homer Simpson’s worst nightmare (Everybody lusts after donuts — almost as much as they lust after … )

5. Lust List 2009: The Countdown ( … super-sexy unsung Atlantans.)

Bookmark It