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

Posted on May 29, 2009 by Steven Eversole

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

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Drug Suspect Sues for 2008 Beating by Five Birmingham Cops

Posted on May 21, 2009 by Steven Eversole

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

 

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

Posted on May 20, 2009 by Steven Eversole

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

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Convicted Alabama Sex Offender Arrested for Violating Registry Rules

Posted on May 13, 2009 by Steven Eversole

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

 

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Felony Child Abuse Charges for Alabama Kindergarten Teacher

Posted on May 5, 2009 by Steven Eversole

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

 

 

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