Alabama High School Principal's Wife Charged for Having Sex with 16-year-old Student

The wife of a Lowndes County high school principal turned herself into police recently after being charged with having sex with a young student from East Lawrence High School. A former school employee and wife of the school’s principal, Rebecca Nichols, is accused of giving the boy alcohol and marijuana, as well as having sex with him at her home on numerous occasions earlier this year. As a Birmingham criminal defense attorney accustomed to such cases, I know that this type of activity happens more than many people would like to believe.

According to reports, Nichols was charged by the Lowndes County Sheriff's office with contributing to the delinquency of a minor, following accusations from the boy’s mother. Although the police have said that they will not be charging the woman with a felony, because the student was 16 years old and allegedly initiated the sex, the boy’s mother reportedly said that Nichols was the initiator of the sex and should be charged with rape.

Regardless, Ms. Nichols, like anyone charged with criminal sexual behavior, should retain the services of a qualified criminal lawyer to be sure that her case is handled correctly. Also, according to reports, Nichols and her husband, Principal Ricky Nichols, are currently going through a divorce. Although this is more of a curiosity for newspaper readers, it may have some effect on the direction of the case.

This situation is all the more sad, as Ricky Nichols had reportedly become a father figure to the young man ever since his father passed away from brain cancer. The 16-year-old apparently was friends with Nichols’ stepsons and even spent Thanksgiving with the family, as well as occasionally staying with the family. Mr. Nichols has stated that he had no knowledge of the relationship between his wife and the boy until about a month ago, when the boy and his mother approached him with the shocking news.

 

Principal's wife accused of having sex with Alabama teen, MontgomeryAdvertiser.com, August 8, 2009

Alabama Appeals Court Ruling Impacts Future Computer Sex Crimes Defense

For those opponents of police entrapment, a recent ruling by an Alabama criminal appeals court will likely come as a disappointment, at least in regard to electronic dissemination of obscene materials and other computer sex crimes cases. As a Birmingham criminal defense lawyer representing individuals accused of criminal sexual behavior, I find some of the practices used by police and other law enforcement agencies to catch sexual predators a little difficult to swallow.

This recent decision is the first instance that an Alabama court has ruled that a crime actually has occurred when an adult uses his or her computer to convey obscene photos or other materials to what he or she believes is a child, even if that recipient is a law enforcement officer posing as a minor. While this is a blow to criminal defense attorneys who represent clients charged with sex crimes, it in no way diminishes my own personal commitment to provide an aggressive defense to people accused of crimes in our state.

According to new reports, the appeals court upheld the conviction that John Baney received in Marengo County for sending obscene pictures to what he thought were two Demopolis cheerleaders. In reality, the two profiles were created by a police officer. Although Baney and his lawyer challenged the conviction because pictures weren't received by a child, the appeals court said what mattered was Baney's intention. A new appeal is reportedly in the works by Baney's lawyer.

I have sympathy for children and minors victimized by sexual predators, but I also know that there are always two sides to every story. I also believe that every person accused of a sex crime, or any other type of crime for that matter, is entitled to a fair trial and to be represented by an attorney who will act in his or her best interests.

 

Computer sex still a crime, even if 'child' is adult cop, Alabama appeals court rules, AL.com, August 7, 2009

Kidnapping and Sexual Abuse Charges Levied Against Former Alabama Circuit Court Judge Herman Thomas

As a Birmingham, AL, criminal defense lawyer, I am committed to representing those persons accused of crimes in Alabama, be they related to drug trafficking, criminal sexual behavior or other allegedly unlawful activities. I have for years defended individuals charged with a variety of criminal behavior. And while I believe that every person has the right to an aggressive criminal defense, I have little tolerance myself for those in the law enforcement community and the judiciary who by their own actions demonstrate that they are above the law they have sworn to uphold.

Such may be the situation with a former Alabama circuit court judge, Herman Thomas, who had already been indicted on 57 counts of various crimes including kidnapping, sex abuse, sodomy and extortion. The indictments this past spring accused Thomas of sexually assaulting jail inmates and defendants under his power as a judge and, in some cases, paddling them.

According to recent reports, the special Mobile County grand jury that brought those initial criminal charges against Thomas has now issued another volley of additional indictments. With more than 100 criminal counts, I must say that this is quite damning. Regardless, nobody, not even Mr. Thomas, should be judged solely on the volume or type of charges brought against him or her.

The report produced by the 18-member grand jury, which is divided equally between blacks and whites and about equally between men and women, indicates six new accusers on top of the nine listed in the panel's March report, as well as last week's 46 additional criminal counts. The 48-year-old Thomas claims that the charges are racist in nature.

The ex-judge stepped down from the bench in October 2007 and reportedly this past March his law license was revoked amid the criminal allegations. Thomas and his lawyer had just returned last Friday from Montgomery, where they met with Alabama State Bar officials in preparation for a civil trial on the reinstatement of his license. His criminal trial is set for October 5 in Mobile.


Herman Thomas grand jury issues more charges, AL.com, August 8, 2009

Montgomery, AL, Neighborhood Argument Results in Shooting of Teenager

As an Alabama criminal lawyer practicing in Birmingham, I have represented numerous clients accused of various crimes, including assault, manslaughter, theft, criminal sexual behavior, and drug possession and sales. Many of these people believed themselves to be innocent of the charges, but the authorities and the prosecution could not accept their explanation. Since there are always two sides to every story, I have dedicated myself to the aggressive defense of people like the Montgomery, AL, woman who recently was arrested for first degree assault with a hand gun.

It apparently all started in the early evening as a dispute between some neighbors regarding a parking situation at one of the houses on Courtland Street in Montgomery. According to police reports, a 51-year-old woman was looking to back her car out of a shared driveway, but found that her car was blocked in by another vehicle. News reports say that as the argument escalated, Annie Mae Smith allegedly pulled out a gun and began to wave it in the air. Sadly, during her display, a 16-year-old who was also involved in the dispute was accidentally shot, however not fatally.

When police arrived, the boy’s mother told the officers that her son had stepped between the two women when the gun went off. Smith claimed that the gun discharged as she was raising it into the air and that she had no intention to shoot the boy. The teenager was apparently hit in the back of the neck -- X-rays showed that the bullet exited through the left side of his jaw. He lost three teeth and may require surgery to repair his jaw, but fortunately he was not killed.

This is a perfect example of how a simple argument can ratchet up to an explosive point. While Smith says that she only meant to fire the gun into the air, Montgomery police charged her with 1st degree assault. She posted bond the very next day.

Smith’s neighbors say that the woman isn't the kind of person who would shoot someone. In fact, a number of them told reporters that Smith is a wonderful person who goes to work everyday and minds her own business. The other side of the story is bound to come out in court. Already there is some discussion that the woman may have felt cornered and physically in danger, which may explain her actions -- all the more reason to choose a qualified and experienced criminal lawyer for a case such as this.

 

Driveway dispute turns violent, WSFA.com, July 17, 2009