Birmingham Criminal Defense Blog : Birmingham DUI & Criminal Defense Lawyer & Attorney : Eversole Law Firm : Criminal and DUI Defense : Serving Birmingham, Montgomery, Alabama

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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
 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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
 

• Email This
• Print
• Comments
• Trackbacks
• Share Link