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Alabama’s Supreme Court recently issued a stay of execution for a convicted murderer. According to a news report, the stay was granted at the request of Robert Bryant Melson, who received a death sentence in the robbery-murder of three employees of an East Gadsden Popeye’s Chicken and Biscuit restaurant in 1994. As a Birmingham criminal defense lawyer, I have the experience to represent individuals charged with crimes such as grand larceny, assault and murder or manslaughter.

Being an Alabama criminal attorney, I hold that every person accused of a violent crime or other criminal offense is innocent until proven guilty by a court of law. This is everyone’s constitutional right and I adhere to this important rule of law. According to the news article, the execution was to be held on February 18, but has now been delayed to await the outcome of a case being considered by the United States Supreme Court.

The 38-year-old Melson was originally convicted for the slayings of restaurant employees Nathaniel Baker, 17, Tamika Collins, 18, and Darrell Collier, 23. According to reports, a fourth employee, Bryant Archer, was the only survivor of the shootings when Melson and an accomplice, Cuhuatemoc Hinricy Peraita, robbed the restaurant in April 15 of that year. Based on court records of the incident, Archer was also shot during the robbery but survived the ordeal.

Melson’s stay was granted by the Alabama Supreme Court at Melson's request so that he and his attorney could to hear the outcome of a Florida case that is currently being considered by the U.S. Supreme Court. That case reportedly involves an issue similar to Melson's case, which revolves around whether petitions were filed in a timely manner.

This stay would appear to be Melson’s last chance, since records indicate that he exhausted his final appeal last October when it was denied by the U.S. Supreme Court.

Alabama Supreme Court stays Melson's execution, GadsdenTimes.com, January 27, 2010

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Alabama’s Lawrence County has created a special victims unit (SVU) to specifically handle sex crimes in the area. Police regularly arrest individuals charged with criminal sexual behavior. Some, if not many, of these people are innocent. In Birmingham, Tuscaloosa, Huntsville, Mobile and all other municipalities throughout Alabama, everyone is considered innocent of a crime until proven guilty by a jury of their peers.

As a Birmingham criminal defense attorney, my job is to defend accused sex offenders in court. The latest move by law enforcement will most likely bring more arrests and indictments upon residents and other individuals in Lawrence County. According to reports, this new SVU department is expected to enhance the law enforcement activities of the Lawrence County Sheriffs Department.

In an effort to put more emphasis on sex crimes and crimes against children, the Alabama Department of Economic and Community Affairs is financing the new special victims unit. According to news reports, the unit will have two specialized investigators, both charged with investigating crimes and working within the local school system and also promoting a variety of community awareness programs.

Crimes and other areas of law enforcement to be handled by the new unit, which will be part of the department's criminal investigations division, will include domestic violence, sexual crimes and child abuse. There will be two specially trained investigators working in the unit. According to reports, the Lawrence County Sheriff’s Department has always had a “heavy volume” of sexual crimes and crimes against children, which is one of the reasons for the county forming this new unit.

The sheriff’s department said that the two investigators will also register and monitor all sex offenders. These two SVU deputies have already been closely involved with investigations involving children because they are members of the Lawrence County Drug Endangered Children Program.

Special victims unit to focus on sex crimes, TimesDaily.com, November 6, 2009

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In Birmingham, Mobile, Huntsville or other Alabama cities, criminal sexual behavior takes many forms. Pedophilia is one area of sex crimes that society and law enforcement fight hard to control. An individual accused of being a sexual predator has an uphill battle to start with, but a conviction for this type of behavior will affect a person for the rest of his or her life. As a Birmingham criminal defense lawyer, I have represented numerous people arrested for sexually-based offenses, as well as other crimes, such as theft, drugs and assualt.

A recent news article pointed up the lengths that communities will go to protect their children from pedophiles. According to reports, Redland Elementary School has initiated a pilot security program with which the administrators can perform a background check on any person visiting the school by scanning the person’s driver’s license before issuing a pass to that individual.

The program is designed to protect the elementary school children against registered sex offenders, namely pedophiles. Said one law enforcement official, “A school is a candy store for pedophiles and we don’t want them shopping here.”

The system being tested at Redland Elementary is part of a visitor verification and sex offender checking system. Redland is reportedly serving as the pilot program for “QUICK ACCESS,” a Web-based system that alerts school officials if a known sex offender attempts to gain access to the school.

Pedophiles are typically prohibited by law to live or approach within a certain radius of a school. This latest system is apparently designed to root out those individuals who are currently in the sex offender database and who violate state law requiring sex offenders to stay away from areas with a high density of children, such as elementary schools and other educational facilities.

The equipment used in Redford Elementary School reportedly cost about $900. It includes a camera and a scanning/printing device. According to the article, a school staff member simply scans the visitor’s Alabama driver’s license, or types in the visitor’s name. So long as the individual is not on the sex offender database, the machine then prints out a visitor’s badge including a bar code. The system also records when visitors arrive and when they leave the school.

Security program piloted at Redland, thewetumpkaherald.com, December 4, 2009
 

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Being charged with the traffic death of another individual in Alabama can be a terribly stressful situation for most anyone. As a criminal defense lawyer who has defended numerous people accused of crimes in Birmingham and other parts of the state, I know that when a traffic fatality results in a murder charge, it tops the list of serious crimes. This is when you need a competent and experienced criminal lawyer to handle your case.

A recent case being brought before a local court has put a Mobile man in the defendant’s chair. According to news articles, Leon Joseph Smith was charged with murder in the drunk driving-related death of a 20-year-old motorcycle rider in 2008. Based on reports, Christopher Willis was killed on September 27, 2008, when his motorcycle slammed into Smith's car, which allegedly turned in front of the motorcycle.

Although police say that Smith was drunk at the time, the man’s defense attorney has pointed out that Willis was speeding at the time of the collision -- his bike was reportedly traveling in excess of 70mph. Police reports indicate that Willis had been dining at a local restaurant earlier in the afternoon and was headed to a friend's home to watch a football game when the crash occurred.

According to police, Smith had a blood-alcohol content (BAC) four times the legal limit in Alabama. Smith, 64, was cited for the crash that instantly killed Willis on Hillcrest Road around 4pm on a Saturday afternoon.

Emergency medical technicians responding to the accident reportedly saw Smith, who refused medical treatment, gargling mouthwash at the scene. The driver declined to take any field sobriety tests, and was subsequently arrested by the police.

News reports show that a later test revealed Smith's blood-alcohol level to be "at least" 0.365 percent.Prosecutors maintain that Smith, being drunk, showed a "reckless indifference for other people on the roadway."Alabama law allows for drivers to be charged with manslaughter or murder if they cause a fatal accident while driving under the influence.

Mobile man faces murder charge for traffic wreck, AL.com, December 08, 2009

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In Alabama, criminal sexual behavior is a type of crime that gets a high level of attention, not only from law enforcement but also from the public. The negative reaction that most people have to news stories depicting sex crimes is an example of the devastating potential of being accused or arrested of sexual assault, pedophilia or any number of sexually-based offenses. As a Birmingham criminal defense lawyer, my office is capable of handling cases of individuals allegedly involved in these and other crimes.

A recent news story talked about a Troy University professor who was arrested for alleged sex abuse of a young woman at his business office in Dothan, AL. According to authorities, police investigators arrested 62-year-old Ronald Phillip Bae of Cottonwood, Alabama, who was reportedly charged with felony first-degree sex abuse. The arrest came after an investigation into allegations that the man had inappropriate sexual contact with a 21-year-old woman.

In an odd coincidence, new articles say that Bae is a 23-year employee at Troy University who currently serves as a professor of criminal justice, this according to the Troy University Dothan website. The site also indicates that Bae earned his doctorate from the University of Southern Mississippi, and undergraduate degrees from the University of Evansville in Indiana.

Reports show that Bae was taken to the Dothan City Jail and held on a $15,000 bond. At the time of the news article, Bae was scheduled to be transferred to the Houston County Jail.

According to Dothan Police Capt. Steve Parrish, supervisor of the criminal investigation division, the alleged sex abuse crime occurred at an office that Bae has in downtown Dothan. News reports indicate that Bae runs a separate business -- located on North Oates Street -- called Bae Polygraph & Hypnosis Center. He reportedly is a member of the Georgia, Florida and Alabama polygraph associations.

Crime Courts Troy University professor charged with sex abuse, DothanEagle.com, November 5, 2009

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Being an experienced Birmingham criminal defense attorney, I have the knowledge and skills to represent Alabama residents and other persons accused of committing crimes by the law enforcement agencies of this state. These criminal acts can include theft, larceny, assault, drug possession, criminal sexual behavior, murder and other crimes. As an Alabama criminal lawyer, I do believe that an individual is innocent until proven guilty in a court of law. That’s something nobody can take away because it’s a Constitutional protection granted to everyone in the United States.

Recently, a Franklin County grand jury handed down a number of indictments for a variety of crimes. Many of these individuals will claim that they were unjustly accused. A trial will be held to determine the guilt or innocence of each person. Here is a selection of those indictments:

• Aaron Andrew Adams, 22, Vina -- third-degree robbery
• Sarah Marie Beasley, 25, Haleyville -- possession of a controlled substance and drug paraphernalia
• Andrew Eric Bryant, 19, Haleyville -- seven counts of fraudulent use of a credit card
• Harold Clayton Bryant, 44, Russellville -- possession of drug paraphernalia and attempting to manufacture a controlled substance
• Richard Henry Fisher, 25, Red Bay -- second-degree attempting to manufacture a controlled substance, contributing to truancy and third-degree theft of property
• Tyler Blake Garrison, 18, Russellville -- four counts of third-degree burglary, three counts of second-degree theft of property and one count of attempted theft of property
• Guillermo Castro Gutierrez, 19, Russellville -- second-degree criminal possession of a forged instrument, first-degree identity theft and second-degree forgery
• Jason Anthony Hacker, 25, Vina -- third-degree burglary, third-degree criminal mischief, unlawful breaking and entering a motor vehicle and five counts of third-degree theft of property
• Donnell Lee Harris, 44, Sheffield -- third-degree burglary and second-degree theft of property
• Ryan Bonds Hester, 29, Phil Campbell -- possession of a controlled substance, possession of drug paraphernalia and two counts of domestic violence third-degree assault
• Rafe Hollander, 23, Russellville -- violation of the community notification act as a sex offender
• Dana L. Johnson, 35, Haleyville -- possession of a controlled substance and unlawful possession of drug paraphernalia
• Anthony Wayne Lane, 28, Russellville -- second-degree receiving stolen property, third-degree assault, third-degree burglary and third-degree theft of property
• Hector Ortiz, 25, Fayette -- second-degree forgery, leaving the scene of an accident, public intoxication, resisting arrest and obstructing justice by giving false identification
• Carey Renea Peters, 32, Vina -- second-degree theft of property, violation of protective services, attempting to possess a controlled substance and possession of drug paraphernalia
• Joseph Thomas Postell, 20, Harvest -- second-degree escape
• Cody James Simpson, 20, Florence -- first-degree theft of property and third-degree burglary
• Erskin L. Spearman, 33, Jasper -- public intoxication, second-degree possession of marijuana, carrying a pistol without a permit and certain persons prohibited from carrying a firearm
• Robert Duncan Strickland, 19, Red Bay -- possession of drug paraphernalia and contributing to truancy
• Tilena Ann Watson, 36, Red Bay -- second-degree manufacturing of a controlled substance
• Roger Lee West, 28, Mount Hope -- second-degree forgery
• David Leeander Whitman, 30, Phil Campbell -- first-degree theft of property

Franklin County grand jury, TimesDaily.com, November 26, 2009

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The poor economy apparently hasn't increased the nation's crime rate, but Alabama's continues to rise. According to the Federal Bureau of Investigation (FBI), crime nationwide dropped last year, but not in Northern Alabama. Here in Birmingham, where I maintain my criminal defense practice, I find that a percentage of individuals accused of property and theft crimes do so because of money problems; some are falsely accused.Crime in Montgomery, Tuscaloosa, Mobile and elsewhere seems to have gotten worse. Burglary and motor vehicle thefts are property crimes.

A recent news article reported that law enforcement officials were not surprised about the latest statistics from the FBI. However, police aren’t particularly happy hearing that property crime in Northwest Alabama increased in 2008. Statistics from the Alabama Criminal Justice Information Center's 2008 Crime in Alabama report indicate there were 181,434 property crimes in 2008, compared to 174,802 in 2007 and 164,810 in 2006.

By contrast, the FBI’s report shows that nationwide there were 9.7 million property crimes reported in 2008, about 0.8 percent lower than the 9.8 million reported in 2007.

Tuscumbia Police Chief Tony Logan said the economy has always dictated crime. "With unemployment the highest it's been in years, there are people who are stealing," Logan said. "And with an increasing drug problem and methamphetamine problem, there is more stealing to support that habit; we've all seen an increase in that."

Tuscumbia was the only city Northern Alabama’s five largest cities to see a decline in thefts. There were 161 thefts reported in 2008, compared to 191 in 2007. But Logan said he's worried that the impact of high unemployment will play a bigger role in thefts and burglaries in 2009 than in 2008.

With poor economy, law enforcement officials aren’t surprised, TimesDaily.con, September 27, 2009

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A Chickasaw, AL, woman was expected to plead guilty to child porn charges after she allegedly drugged two youngsters prior to a sexual encounter with an adult male. As a Birmingham criminal defense lawyer, I know the value of having a qualified legal professional by your side in serious criminal cases like this one. In this particular instance, the defendant reportedly has a history of mental illness, which may be a mitigating factor during sentencing.

According to news reports, 30-year-old Melissa B. Gray was charged by local authorities with drugging two children for sex and was, at the time of the report, expected to make a blind plea to a child porn charge in a Mobile, Alabama, court.

The Chickasaw resident supposedly drugged the two minor as a prelude to a planned sexual encounter with a man she met online. Her possible guilty plea to charges of child pornography was based on documents filed in court by her attorney at the time of the news article.

According to an affidavit filed earlier this year by the Alabama Bureau of Investigation, Jonathan Daniel Bervig from Milton, FL, met Gray over the Internet and began swapping child pornography with her. The affidavit claims that Bervig told investigators in January that he arranged to drive to Gray's house to have sex with a young relative of hers and another child, both of whom would be drugged so as not to resist. However, Bervig said that when he arrived the children were still awake and alert so he left.

According to reports, an undercover investigator, who posed as Bervig, later sent instant messages to Gray, who tried again to set up a sexual liaison. Law enforcement officers went to Gray's home on January 6 and found a prescription for Percocet, a painkiller that can cause drowsiness and confusion. At that time, officers tried unsuccessfully to awaken a seven-year-old boy at the home before taking him to a hospital.

Local police and other law enforcement officials found a computer at Grey’s home with dozens of images of child pornography, as well as incest stories involving young boys, according to investigators.

At the time of the news article, Gray was expected to enter a "blind plea" to possession and distribution of child pornography charges, meaning that she would get no promise of a lenient sentencing recommendation from federal prosecutors in Mobile. The defendant, a former schoolteacher, faces a mandatory minimum sentence of five years in prison. According to reports, the worst-case scenario for her would be just over 12 years, based on advisory sentencing guidelines. U.S. District Judge Kristi DuBose was slated to make the final decision.

Drugging children for sex suspect to make blind plea to child porn charge, AL.com, September 17, 2009

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A Robertsdale, AL, man has been sentenced to 16 years in prison for trying to have sex with a 14-year-old boy across state lines. According to news reports, David Allen Girard, was arrested and charged with for using a computer facility to lure a minor child to engage in sexual activity. Police said that the man had a previous conviction in Alabama for the possession of child pornography and is a registered sex offender in this state.

Authorities had alleged that the 53-year-old Alabama man chatted with the victim on a web site called “gay.com” in what appears to have been a sting operation to catch sexual predators. As a Birmingham criminal defense lawyer, I have the ability to represent individuals charged with criminal sexual behavior such as this man was.

According to reports, the defendant had apparently arranged to meet the youngster in Pensacola, FL, for the purpose of having sexual relations with him. Driving from his residence in Alabama to Florida, Girard found that the “14-year-old-boy” was actually a fictitious person created by a group of local law enforcement officers working in an undercover Internet sting operation.

Following the out-of-state arrest, the man was taken into custody. Police reportedly found on his person condoms and personal lubrication. A U.S. district judge sentenced Girard to 195 months in federal prison to be followed by a life time term of supervised release.

For anyone who thinks that sex crimes are not serious offenses, this story shows that the penalties can be harsh and remain with a person for their entire life. Because of this, it is always wise to seek the services of a qualified criminal defense attorney who has experience defending individuals accused of criminal sexual behavior.

Alabama man sentenced for trying to have sex with a minor, SRPressGazette.com, October 13, 2009

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