Murder Charges Levied Against Mobile, AL, Driver in Fatal Auto Crash

A Mobile, Alabama, man was recently charged with murder following a fatal pickup truck crash in Grand Bay, AL, that killed two passengers, as well as seriously injuring the driver and a third passenger. The wreck occurred in the early evening of May 29 when a truck driven by 29-year-old Carl Miller left Ramsey Road and hit a tree at a high rate of speed, killing his two cousins, Billy J. Miller, 17, and Joseph Miller, 20.

According to reports, the Mobile County District Attorney's office alleges that Miller was under the influence of alcohol and marijuana at the time of the accident. The police investigation revealed that the truck was traveling between 90-100 mph prior to going off the road and hitting the tree. Authorities also said that none of the truck’s occupants was wearing a seatbelt.

This is a tragedy of the first order. Three of the people, the two victims and the driver, were relatives, and that family has suffered a terrible loss. Obviously, the driver exhibited poor judgment, but to charge him with two counts of murder is an added blow to the families and relatives of these men. In addition, Miller was charged with leaving the scene of an automobile injury accident.

As a Birmingham criminal and DUI defense lawyer, I have represented clients in this type of situation before. There is no doubt that the allegations pose a huge challenge to this man’s defense, but that is why criminal attorneys like myself have devoted entire careers to helping those individuals accused of a crime, even when the odds appear stacked against them.

For Mr. Miller, police say he was drunk and maybe under the influence of marijuana. Add to that the allegation that he left the scene of the accident and it would seem that he is guilty. But there could be plausible reasons for his leaving. Of course, guilt is one possibility, but maybe he left because he wanted to get help for himself and the other men -- he and the other survivor of the crash both had serious injuries. Frankly, we won’t know the details until his trial.

 

Mobile Man Charged With Murder In Deadly Wreck, WKRG.com, June 1, 2009

Murder charges filed against driver in double fatality, AL.com, May 31, 2009
 

 

Criminal Sexual Conviction Gets Alabama Elementary School Employee 27 Years in Prison

A Tuscaloosa, AL, resident was recently sentenced by a Birmingham court to more than 27 years in prison for two sex crime charges. Prince Knight, 38, had been convicted in March of this year for one count of travel with intent to engage in sexual conduct and a second count of transportation with intent to engage in criminal sexual activity.

According to reports, Knight was sentenced on June 10 by Judge L. Scott Coogler to 327 months imprisonment, followed by a lifetime of “supervised release.” Once released from jail, Knight must also register as a sex offender. He also has been ordered not to have unsupervised contact with any child less than 18 years of age.

The crime that initiated the charges occurred in January 2008 and involved Knight traveling from Tuscaloosa, Alabama, to Manhattan, Kansas, for the alleged purpose of engaging in illicit sexual conduct with a 15-year-old child. Knight reportedly picked up the child in Kansas and brought her back to his apartment in Tuscaloosa.

This is a sad case because the defendant worked as a cafeteria attendant at a local Tuscaloosa elementary school. The charges during the period in question, regardless of the outcome in court, surely would have haunted him for many years -- such is the misfortune of those accused of a sex crime. As it turns out, the guilty verdict sealed his fate. Many of the clients I represent as a Birmingham criminal defense attorney are already in a tough spot, but that doesn’t mean they don’t deserve the most aggressive defense possible.

In this case, the defendant already had the deck stacked against him. The prosecution called on his supervisor from the elementary school where he worked to testify that Knight called in sick on a Monday, but then showed up for work the very next day. Meanwhile, the 15-year-old girl he brought back to Alabama had left a note for her parents indicating that she had run away to visit her biological father in California.

Police subsequently located and retrieved the child in Tuscaloosa about a week later. The case involved the Riley County Police Department in Kansas, the Tuscaloosa County Police Department, and the Federal Bureau of Investigation. Being accused of any crime is serious, but with sex crimes involving minors, law enforcement is especially dogged in its efforts to bring the accused to justice. If you or someone you care about is in this type of situation, you should seek a qualified legal professional to handle your case as soon as possible.

 

Tusc. school cafeteria worker sentenced in child sex scheme, NBC13.com, June 11, 2009

Alabama Police Blotter: Murder, Sex, Counterfeiting and Drug Crimes across the State

Cullman County -- Police recently arrested a man for allegedly operating a meth lab at his home in Hanceville, AL. Billy Floyd Norris apparently called police to report some stolen property. When officers arrived, the 33-year-old man told them that that his roommates had robbed him. Police could not verify that a robbery had occurred, however they did discover traces of drugs on the premises, as well as evidence of an active methamphetamine lab. The Cullman Narcotics Enforcement Team took samples to positively identify the seized chemicals and drugs. Norris was charged with manufacturing and unlawful possession of a controlled substance. He was incarcerated at the Cullman County Detention Center on $1 million bond.

Franklin County -- A Russellville woman has been accused of raping a 13-year-old boy, according to authorities. Ashley Turner, 24, was indicted by a grand jury in May for allegedly having an extended sexual relationship with the boy at his home during 2008. The boy’s parents reportedly did not find out until after the relationship had been ongoing for some time. The Franklin County Sheriff's Office said Turner and the boy are friends and that the boy consented to the sexual relationship. Legally the boy is too young to consent -- therefore a charge of second-degree rape has been lodged against Turner. This is a Class B felony that carries a prison sentence of two to 20 years.

Madison County -- A resident of Harvest, Alabama, was arrested recently for attempting to pass a counterfeit $100 bill at a Madison McDonald's restaurant. According to reports, police arrested James Michael Cook on June 8 after an employee reported the incident to police. A preliminary investigation led authorities to find $6,200 in counterfeit $100s in Cook's possession. In a subsequent search, Madison police and the U.S. Secret Service located and seized an additional $9,700 in counterfeit $100 bills. Cook has been charged with first-degree criminal possession of a forged instrument and is being held in the Madison County jail on $20,000 bond.

Mobile County -- Authorities say that Stanley "Red" Harris was charged June 12 with capital murder in the death of 41-year-old Karen Tillman, who was shot to death during a robbery in Grand Bay. The Mobile County sheriff's office said it was unclear what type of relationship Harris had with Tillman or why the two were traveling together when the shooting occurred during the evening of June 11. According to reports, Tillman got out of the vehicle and was picked up by a passer-by who drove her to a nearby home. Deputies called to the scene of the shooting said that the victim named Harris as her attacker before she died. Harris was arrested at his grandmother's house in Irvington and is currently being held in the Mobile County Metro Jail without bail.

 

Man reports robbery, police find working meth lab, TheNewsCourier.com, June 15, 2009

Metro Breifs, AL.com, June 13, 2009
 

 

Acquitted Sexual Molestation Suspect Awaits Similar Charges in Alabama

A former Enterprise High School coach was recently acquitted of sex-related criminal charges out of state, but now he faces similar charges in Coffee County, Alabama. According to the Enterprise Police Department, 41-year-old Bubba Guy Nall is suspected of incest in 2006. Individuals can be charged with incest if they allegedly have sexual relations with a blood relative or even an adopted relative.

Enterprise investigators had interviewed the alleged victim in Florida, where the suspect was recently acquitted on similar charges. According to reports, the victim said she and Mr. Nall had sex multiple times while she was visiting the man in Alabama. Gary McAliley, the Coffee County district attorney in charge of the case, chose to have Nall arrested on one count of incest and then presented the remaining counts to a grand jury.

According to authorities, the Alabama grand jury met back in October 2007 and indicted Nall on seven counts of incest. Now that the man has been acquitted in Florida, Alabama is ready to try him here at home.

As a Birmingham criminal defense lawyer, I provide a very aggressive defense for all of my clients, especially to those accused of sex crimes. Society is in no way lenient when it comes to suspected sex offenders. The latest reports of this particular case show just how persistent the authorities can be in regard to sex-related offenses. There are always two sides to any story, but this type of case sometimes comes down to one person's word against the other's. This is why anyone accused of a sex crime deserves to have an experienced legal professional represent them in a court of law.

Although Mr. Nall was recently found not guilty of molestation charges in Levy County, Florida, he will have to stand trial in Coffee County soon. McAliley has already said that Nall’s acquittal on three counts of sexual battery on a child between the ages of 12 and 18 will have no influence on the Alabama case. McAliley said his office has different evidence against Nall than that found in Florida.

If you or a family member is accused of a crime, do yourself a favor and retain the services of qualified criminal defense attorney to handle your case. Criminal prosecution is serious business and you need an aggressive lawyer on your side.
 

Former EHS coach acquitted, Zwire.com, June 3, 2009

Convicted Alabama Sex Offender Still Drawing Teaching Pay and Public's Anger

Sex crimes in Alabama come with a heavy stigma attached. Nevertheless, everyone’s right to due process is constitutionally protected, including the appeals process. The case of a female Washington County teacher convicted of luring a 14-year-old male student for sex is just such an example.
 
Early last year, a Mobile, AL, federal jury convicted 56-year-old Charlene Schmitz of using a computer and cell phone to lure an 8th grade student for sex. She was sentenced to 10 years and one month in prison and is currently serving time in Florida while her criminal defense lawyer continues to pursue her appeal.

The Washington County school system’s attempts to fire Schmitz following her conviction have been hindered by an Alabama law that gives tenured teachers the right to challenge their dismissal in front of an arbitrator. And although an arbitrator has been selected, legally no hearings can be held until Schmitz's appeals and related state charges have been resolved.

Recent reports reflect the outrage that a convicted sex offender and felon is still employed by the county and continues to receive a salary and retirement benefits totally nearly $70,000 since her termination in May 2008. According to reports, Schmitz would also be eligible for any pay raises between now and the conclusion of her case.

The anger directed at this woman is understandable, but the fact is until her appeal has been decided, she has the right to refrain from self-incrimination. But this right could be jeopardized by any arbitration hearings held prior to the end of the criminal cases. Though it is frustrating for the school administration, as well as for the community, this is her right. Constitutionally protected and guaranteed.

As a Birmingham criminal defense lawyer, I have represented many different clients over the years. Although the crimes of which they were accused vary widely, the one thing they shared was equal protection under the law. What people forget here is that on appeal this woman’s conviction could be overturned. So until then, her rights must be maintained.

Sadly, even if she is exonerated, her life has been turned upside down. Being accused of a child sex crime, even if proven innocent, could be difficult to live down and she may find herself a pariah in the community regardless of her possible innocence.

No matter what the final outcome, the complaints of her continuing to receive pay do not consider her rights under the law. Not until the legal process has reached its end should this woman be required to surrender one bit of that which she is legally entitled.


Washington County teacher convicted of luring student for sex continues to draw salary, AL.com, June 2, 2009

Catch-22, DothanEasgle.com, June 3, 2009
 

Child Pornography Sex Case Sends Alabama Man to Jail for Nearly Six Years

A Mobile, AL, federal judge ordered a Loxley man to serve five years and 10 months in jail after the defendant pleaded guilty to criminal sexual charges pertaining to child pornography. On Thursday, May 28, 46-year-old Alabama resident, Francis Edward Tyrrell, said he was remorseful and told the court and the children on the porn tape that he was sorry and didn’t “think it would go this far.”

However, United States District Judge Kristi DuBose was apparently unmoved by the defendant’s courtroom repentance. In fact, the judge took the prosecution’s suggestion and gave Tyrrell an extra 10 months in prison, above and beyond the mandatory minimum of 60 months.

The assistant U.S. attorney, Sean Costello, pushed for the longer sentence, reminding the court that the defendant not only possessed and viewed the video, but also paid his own money -- $79.99 -- to buy it, essential creating a market for the child pornography tape and supporting an illegal business.

According to the criminal complaint, local agents were first alerted to Tyrrell's name and credit card on a pornography website membership list. This type of offense typically becomes a federal crime when the Internet is employed by an individual. When the authorities confronted the Tyrrell at his home, he voluntarily allowed them to search his house and computer hard drive.

As a Birmingham Criminal Defense Lawyer, I know this area of the law very well. I defend clients against both Alabama state and federal child pornography charges, which can be very serious in some cases. But fines and jail time are only part of the picture when it comes to child sex crimes.

One important reason you need a lawyer who will provide an aggressive defense is because the public’s attitude toward people accused of child sex crimes is extremely hostile. Mr. Tyrrell found this out the hard way outside of the courtroom. While awaiting trial, he was attacked by another inmate in the Escambia County jail, supposedly because of his alleged offense. That attack resulted in the defendant being struck in the eye with a sharp metal object -- his doctors are still unsure as to whether he will see again with that eye.

 

Child porn charges get Loxley man 5 years in prison, AL.com, May 28, 2009

Drug Suspect Sues for 2008 Beating by Five Birmingham Cops

Caught on camera following a 22-minute chase, five Birmingham, AL, police officers are shown beating a defenseless suspect after the minivan in which he was driving rolled over on a freeway entrance ramp. The year-old video footage taken by a camera in one of the pursuing police cruisers captured the final moments of the chase. After the drug suspect was ejected from the rolling vehicle, several of the cops swooped down on the apparently unconscious man and pummeled him a number of times with their fists, feet and a billy club, according to reports.

This atrocious act of brutality screams lawsuit in anyone’s book. Which is exactly what the victim, 38-year-old Anthony Warren, and his Alabama criminal defense lawyer are pursuing with a suit filed on March 12. It claims that police officers "repeatedly struck the claimant about his head and body causing him to be hospitalized for four days and unconscious for the majority of that time."

The suit is in excess of $100,000 and asserts that, aside from the numerous physical injuries the man received on January 23, 2008, police interfered with the administration of justice and entered into a conspiracy to tamper with evidence. Oddly, top city and police officials were not even aware of the taped beating until they were contacted by the district attorney's office two months ago.

As a Birmingham criminal lawyer, my stance is that any municipality, as well as any officers who are found guilty of having a hand in such an episode, should be sued outright for this kind of violation of individual rights. This is why criminal defense lawyers exist. Because law enforcement has such overreaching power, any person who is charged with or even suspected of a crime must seek professional legal representation. Always.

Admittedly, many people have little sympathy for an alleged drug suspect running from the law, and outwardly, that’s what the police video shows. But depending on the facts of the case, the suspect could have been innocent. In fact, that’s why the law clearly states that a person is innocent until proven guilty. Taken to its logical end, it is easy to understand that this is why defendants stand trial in a courtroom, and not on the side of the road.

What those cops did last year was nothing short of roadside justice, which for a public servant is inexcusable, especially for those who are entrusted with the power to enforce our laws. When a police officer oversteps the bounds of decent and ethical behavior, he is no longer acting in society’s best interest. In such cases, he must be held accountable for his actions.

At my law firm, I provide an aggressive defense for individuals accused of crimes such as drug possession and sale, sexual assault, and theft. If you feel you have been mistreated by the police, give me a call for a free legal consultation.

 

Birmingham police beating video: Attorney for beaten man filed claim against city, AL.com, May 20, 2009

Birmingham police beating video: Five officers fired, AL.com, May 20, 2009, AL.com, May 20, 2009

 

Alabama Woman Accused of Murder-For-Hire Plot Awaits Appeal

An Alabama woman arrested in 2007 on charges of solicitation of murder has yet to find justice. Even though the charges against 32-year-old Shana R. Cromwell were dismissed last year by Autauga County Circuit Judge Ben Fuller, the Prattville resident is still awaiting a final decision in her case. She remains free on $50,000 bond.

Accused of a murder-for-hire plot against her ex-husband two years ago this June, Cromwell’s case was all but thrown out by Judge Fuller last year after she renounced her intention to have her ex-husband, Michael Flynn, killed. But the local district attorney recently appealed Fuller's ruling, which was followed by Alabama's criminal appeals court overturning that previous decision and sending the case back to the lower court.

According to reports, the appeals court decided that whether Cromwell renounced her intention "should be left to the jury." Because of this, Cromwell has asked for a re-hearing. Following this latest appeal, the defense will have to let the law run its course until the Cromwell is either released or tried for solicitation of murder.

As a practicing Birmingham Criminal Defense Attorney, I am very familiar with cases such as Ms. Cromwell’s. No matter what the situation, a person in her shoes needs a qualified criminal defense lawyer who knows the law inside and out. The facts in this case are hard to ignore, but not insurmountable.

Cromwell, who lives on Cedar Ridge Road in Prattville, was arrested on June 28, 2007, after she allegedly met with an undercover Alabama Bureau of Investigation (ABI) agent who was posing as a hit man. The meeting took place on June 15, 2007, when the two allegedly discussed the murder of Cromwell’s ex-husband. She was indicted five months later on November 14, 2007, according to court records.

Last week, on May 12, the courthouse in Prattville received documentation stating that Cromwell had asked the appeals court to change its ruling. According to Cromwell’s attorney, the defense is seeking a re-hearing. If that is unsuccessful, they will appeal to the Alabama Supreme Court. According to her lawyer, even the state's own case agent said she renounced her intention to solicit the murder of her ex-husband.

Renouncing the intention to have someone killed is a defense and would result in the charge being dropped. But there exists a difference of opinion between the defense and prosecution as to the interpretation of what the ABI agent testified to, putting this case into limbo until the appellate process has been completed.

If you or a loved one has been accused or arrested of a crime, Eversole Law recommends that you seek a seasoned legal professional for your defense. Our experienced staff is ready to help you fight for your rights under the law. Call us today for a free, no-obligation consultation at (866) 831-5292.

 

Murder-for-hire case sent back to lower court, MontgomeryAdvertiser.com, May 13, 2009

Convicted Alabama Sex Offender Arrested for Violating Registry Rules

A sex offender convicted 20 years ago of second-degree sodomy in Alabama has recently been arrested in Tennessee for alleged failure to register with that state's sex offender database. According to reports, Donna Jean Corley was picked up by Pulaski police after it was learned that she had not registered her home address of 637 Magazine Road with the state’s sexual offenders registry.

Police chief, John Dickey, explained that the 65-year-old Corley, also known as Donald Gene Thorn, was arrested on April 24 and released the next day once bond of $3,500 had been posted. According to police, Corley is known by another alias, that of Hornbuckle. The suspect was bound over to a grand jury in Giles County on May 7.

Persons accused of sex crimes can have a difficult time fighting those charges. As seen here, a conviction follows you wherever you go, making it very difficult to lead a normal life. All the more reason to retain a legal professional who has experience representing individuals accused of sex offenses. As a Birmingham Criminal Defense Attorney, I have the skills to see that your rights are defended properly in a court of law.

In this particular case, the defendant is facing jail time for non-compliance with state sex offender laws. According to news reports, the assistant district attorney stated that failure to comply with the sexual offender registry is a Class E felony. If convicted, Corley could be sentenced from 90 days to two years in jail, while also being fined a minimum of $350.

More damning is the statement of a local resident who claims to know Corley. Stating that the defendant regularly attended an auction in Alabama, the resident said Corely would buy Teddy bears and other stuffed animals and "hand them out to the children who were there with their parents.” The person continued, “She would also buy bicycles and give them away to the children at the auction. These were kids she didn’t even know.”

If you or a relative has been accused of or arrested for a sex offense, Eversole Law strongly urges you to contact a qualified criminal defense lawyer to be sure that your case is handled correctly.

 

Alleged Registry Violation Goes to Grand Jury, GilesNews.us, May 13, 2009

Corley Case Bound Over To Grand Jury, WKSR, May 12, 2009

 

Felony Child Abuse Charges for Alabama Kindergarten Teacher

An Atmore, Alabama, couple have been indicted for felony child abuse by an Escambia County grand jury. The woman, Tracy Linam, 37, is a kindergarten teacher at Rachel Patterson Elementary. She and her 44-year-old husband, Terry Desmond Linam, had been booked into the Escambia County Detention Center, but were subsequently released on bond of $165,000 each.

Court records indicate that the couple allegedly tortured, willfully abused and maltreated the children. The indictment states that each adult struck the children with a hand or foot in the genital area and included "shoving, cursing, belittling, threatening, pulling or snatching hair." The couple reportedly also forced the kids to take medication to make them sleep.

The two were each charged with three counts of aggravated child abuse, which is a Class B felony in Alabama, plus three counts of domestic violence in the third degree -- a Class A misdemeanor, according to the Alabama Attorney General’s office. Each of the felony counts represent a sentence of from one to 20 years, while the misdemeanor counts are punishable by one year in jail.

According to Joy Patterson, spokesperson for the Alabama Attorney General’s office, the three children involved in the case were Terry Linam’s from a previous marriage. It has been reported that the alleged abuse was physical, not sexual, according to Escambia County Chief Deputy Mike Lambert.

Lambert told the press that the indictments were a result of an ongoing investigation that began with the sheriff’s office. During the investigation the district attorney recused himself due to “some conflicts,” according to Lambert. The case was then handed over to the attorney general’s office, which continued the investigation and presented material to the grand jury.

This type of case can ruin a career, especially for someone who works with young children. Based on local reports, it appears that Tracy Linam has been placed on paid administrative leave until the case is resolved, this according to Escambia County School Board Superintendent, Billy Hines. The implications, however, are very serious. Serious enough to seek the best legal help available.

If you or someone you know has been accused of a crime, we advise that you retain a professional criminal defense attorney. We at Eversole Law understand that there's more than one side to any story. In addition to the embarrassment, defendants face a wrenching uncertainty about their futures. You need a defense team that will fight for your rights. 


Escambia County teacher facing abuse charges placed on leave, AL.com, April 30, 2009

Pair indicted in child abuse case, BrewtonStandard.com, April 29, 2009