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

Lawyers, judges and law enforcement professionals all have a responsibility to uphold the laws of Alabama and the United States. But those who twist the law for their own purposes do a disservice to themselves and to society. As a Birmingham criminal defense lawyer, I was shocked by recent revelations regarding an Alabama judge who reportedly used his authority to allegedly commit sexual assaults on convicted criminals and jail inmates.

According to news articles, former Mobile County circuit court judge, Herman Thomas, was recently acquitted on a number of charges, which included sexual abuse, kidnapping, extortion and sodomy. The initial finding of the court seems to indicate that Thomas is not guilty, however many people may not be convinced. Regardless of the outcome, it was very unsettling for criminal attorneys such as me to hear of a respected judge being accused of this type of alleged activity.

The 48-year-old Thomas resigned from the bench in October 2007, just before he was scheduled to stand trial before the Alabama Court of the Judiciary on multiple ethics violations charges. The complaint, dismissed after Thomas' resignation, accused him of "extrajudiciary personal contact" with some defendants but does not refer to any sexual contact.

The Alabama State Bar suspended Thomas' law license in March following the first indictment. The latest indictment has the names of the alleged victims blacked out. Both it and the initial indictment reference Thomas allegedly forcing victims to expose their buttocks and striking them with a belt or paddle.

The March indictment charged Thomas with 57 counts, and a second indictment in August added more. At one point, Thomas faced 105 counts, according to court records. A judge apparently threw out some of them because the statute of limitations had expired.

According to reports, during Thomas' judgeship he had a storage room furnished like an office near his eighth-floor chamber at Mobile's Government Plaza. Several criminal defendants have alleged, in affidavits and in court, that Thomas asked to paddle their buttocks in the room, and some said he suggested sexual encounters there, according to newspaper articles.

Citing a state forensics report, the newspaper reported in April that a semen stain found on carpeting in the room matched one of the nine alleged victims from the first indictment.

As would be expected, all Mobile County circuit judges recused themselves from Thomas' case. According to reports, the Alabama Supreme Court appointed retired Marengo County Judge Claud Neilson to hear the case.

Alabama judge cleared of sex abuse with inmates, AL.com, October 26, 2009

Former judge goes on trial in sex-with-inmates case, CNN.com, October 8, 2009

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The economy has made things difficult for everyone. But one industry that tends to thrive in hard times is crime, either organized groups or individual criminals. Bank robbery, auto theft, white-collar crimes like embezzlement, and of course illicit drug manufacture and sales. In my years as an Alabama criminal defense lawyer, I have represented clients who have been accused of alleged drug possession, drug trafficking, manufacturing, illegal growing of marijuana, and meth lab operation, to name just a few.

Working in Birmingham, AL, I have also seen the growth of the meth industry as a way for some people to illegally make money in a down economy. Recent reports show that police have shut down two alleged meth labs in the West Alabama area.
 
According to police, raids in Hale and Pickens counties halted operation of what authorities sais were two separate methamphetamine labs. Four people were reportedly taken into custody, with police officials in both counties searching for additional suspects.

Pickens County Sheriff David Abston described one of the suspects, Christopher Wayne Kelly, 28, as a “serial burglar.” He is asking burglary victims in four West Alabama counties to report missing items. Kelly, a Tuscaloosa resident who had been staying at his grandfather’s camp house in Pickens County, was taken into custody on Sept. 1, according to the authorities.

The man was charged with third-degree burglary, second-degree theft, manufacturing a controlled substance, possession of a controlled substance, first-degree possession of marijuana and possession of drug paraphernalia. Kelly was placed in the Pickens County Jail on $541,500 bail.

According to reports, police searched Kelly’s residence and turned up a suspected methamphetamine lab, plus several items believed to have been stolen during a burglary in south Pickens County on August 31. Pickens County police believe that the suspect took similar items from hunting camps in Tuscaloosa, Greene, Sumter and Pickens counties.

Law enforcement officials are also looking for 33-year-old Christopher Scruggs, an associate of Kelly’s who has several warrants out for his arrest in Jefferson and Tuscaloosa counties.

In Hale County, officials charged three suspects with manufacturing methamphetamine. According to reports, Charles Tucker, 39, and his wife, Tina Tucker, 35, were taken into custody, along with 34-year-old Wade Johnson, at the Tucker’s Millwood Road residence in Greensboro. The bust was the result of an undercover investigation, which led authorities to the home where at least three suspected methamphetamine labs were in plain sight.

Police say that all three Hale County suspects face charges of trafficking methamphetamine, manufacturing methamphetamine, possession of methamphetamine, and unlawful possession of drug paraphernalia.

The undercover probe that identified the Tuckers as suspects also led to the identification of other suspects who sold drugs to agents of the 4th Judicial Drug and Violent Crime Task Force. Authorities said that warrants and indictments have been obtained for other suspects as well.

Alleged meth labs found in Hale, Pickens counties, TuscaloosaNews.com, September 10, 2009

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As a Birmingham criminal defense lawyer, I find interesting the ingenuity of some people to invent new ways of doing things. From a criminal perspective, drug manufacturing is one of the more scientific pursuits. Not long ago, an Associated Press report disclosed that illegal drug manufacturers were using a new mix of ingredients to produce methamphetamine. But apparently this is nothing new to Alabama’s illicit drug industry.

While it may take a while for state and federal legislation to catch up with the new recipes that clandestine meth labs use to make their product, I’m certain that law enforcement agencies will still be arresting individuals for alleged drug manufacture and sale. The trouble for police and federal drug agents is the less conspicuous nature of this new approach.

According to news reports, most every meth lab in Alabama is using the new approach. “That’s all we’re seeing now as far as labs go,” said Albertville police Chief Benny Womack. “It’s much easier and quicker and doesn’t get as much attention. Somehow or another, these guys are better chemists than the ones who have degrees.”

Apparently, the new formula, or process, is called “shake and bake.” It uses a more simple recipe that requires just a two-liter soda bottle, cold pills and chemicals. The maker only has to mix the components by shaking the bottle. The resulting meth powder is reportedly highly addictive.

Reports for the AP reviewed lab seizures in 14 states, including Alabama, and found that the new method is spreading across the country and is contributing to a spike in the number of meth cases after years of declining arrests.

Because the volatile mixture requires fewer pills of common decongestants ephedrine and pseudoephedrine, it allows makers to skirt the law restricting over-the-counter sales of these medications. According to authorities, many meth users traveling from pharmacy to pharmacy, buying small quantities of pills to avoid attention.

The drug legislation and last year’s formation of the Safe Streets Task Force for Northeastern Alabama have combined to reduce the number of meth labs in the region, authorities said. The Birmingham Division of the FBI works directly with the Safe Streets Task Force, which includes 22 federal, state and local partners in Marshall, Etowah, DeKalb and St. Clair counties.

New meth formula avoids anti-drug laws, SandMountainReporter.com, September 8, 2009

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News reports out of Huntsville say six pounds of what drug dealers call “ice,” a crystallized form of meth, was seized in one of the largest drug busts in the history of North Alabama, according to police and drug enforcement officials. On September 3, officers from the Limestone County sheriff’s department arrested Bobby Ray Miller, a resident of Toney, Alabama, on criminal charges of drug trafficking and possession of drug paraphernalia. The 67-year-old was reportedly apprehended at his home on McKee Road along with six pounds of the illegal drug valued at nearly $200,000.

As a Birmingham criminal defense lawyer, I know that the drugs seized as part of this bust represent quite a sizeable piece of evidence, however, I also hold that every citizen is guaranteed under the Constitution to have his day in court. In our system of law, an individual is always considered innocent until proven guilty by a jury of his or her peers. My job as an Alabama criminal attorney is to provide an aggressive defense for those people accused of crimes by our justice system and to represent those clients well, both in the initial criminal case as well as any subsequent criminal appeals trials.

News reports of this incident stated that in addition to the large amount of crystal meth taken in the raid, deputies also seized $100,000 in cash, two Harley Davidson motorcycles, a semi-truck, two pick-up trucks, a Chrysler 300 sedan, and a trailer.

Law enforcement officials with the sheriff’s department say that this arrest for drug trafficking isn’t the first time that Miller has been charged with illegal activities in Alabama. Nearly 15 years ago, he was picked up on gambling charges. In 1995, police arrested the man and confiscated about $90,000 allegedly made off an illegal gambling operation.

6 lbs. of meth seized in Limestone County drug bust, WAFF.com, September 4, 2009

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A local mother has been charged with conspiracy to commit murder and solicitation of murder in the shooting of another woman. As an Alabama criminal defense lawyer, my firm has represented clients in situations similar to 42-year-old Yolanda Seay, who was arrested in mid-August at her home in Birmingham. According to news reports, Seay was taken to county jail after a judge set her bond at $120,000. Conspiracy and solicitation are serious charges that require a skilled legal professional well versed in Alabama criminal law and knowledge of the Alabama criminal appeals process.

This woman’s situation is very complicated because Seay has been linked to crimes allegedly committed by other family members over the years. Seay’s sons, Cortez, Martez and Demarius have been charged or convicted at various times with separate slayings and attempted murder. News reports indicate that only recently did police connect Yolanda Seay with some of the crimes committed by her sons.

Investigators reportedly believe that Yolanda Seay played an active role in the planning and solicitation of the shooting of Kandi Hawkins, a witness against two of her sons in separate cases. Hawkins was shot in June and apparently left for dead. She reportedly survived the shooting, however injuries suffered during that incident left her a quadriplegic and she is currently being cared for at an undisclosed location.

Seay’s first-born, 25-year-old Martez, has been charged with capital murder in the May execution-style slaying of Lonnie Vaughn, a Vestavia Hills father of two who was found in northeast Jefferson County, nude and shot multiple times. Hawkins also is charged with capital murder in that case. Martez Seay has also been charged with solicitation for murder and conspiracy to commit murder in the shooting of Hawkins, who reportedly was his girlfriend.

The youngest Seay son, Demarius, is awaiting trial for capital murder in the April 2008 shooting death of a 17-year-old Parker High School student. Demarius is also charged with attempted murder in the shooting of Hawkins.

According to news reports, Yolanda Seay’s middle child, Cortez, pleaded guilty and was sentence to life in prison for the 2004 murder of a 50-year-old man at a drug house. Cortez Seay was convicted of killing the man over a money dispute.

Mom burdened when three sons implicated in Birmingham murders is now charged too, AL.com, August 17, 2009

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Over the years, I have defended numerous clients in criminal court against a wide variety of charges. A recent news article pointed out the difficulties that a defendant can run into if charged with a serious offense involving the wounding of an innocent bystander during a gun fight. As an experienced Birmingham criminal defense lawyer, I know what influences a jury for or against a defendant. The incident that occurred at the corner of Lomb and Cotton avenues in southwest Birmingham is one such example.

According to police and other reports, gunfire was exchanged between two men inside the convenience store of a local Shell gas station. The incident reportedly was precipitated by an argument between the two, which took place around 9:45 a.m. on Thursday, August 20. During the exchange, in which 20 shots were fired, another customer in the store was slightly wounded.

That man, a 54-year-old assistant pastor at a Birmingham church, was reportedly grazed in the left shoulder by one of the bullets during the gunfight. The man refused medical treatment and said he would take himself to a local hospital. A statement taken from the wounded man at the scene indicated that the two gunmen were shooting indiscriminately at each other with little regard to anyone else in the immediate area. Fortunately, no one else was killed or injured during the incident.

The shootout ended as one of the gunmen ran outside, escaping before police arrived. The other gunman who remained inside was taken into custody by police officers. The facts were sparse in the news reports, but I have aggressively defended numerous clients involved in similar situations. Depending on who instigated the gunfight, there may have been good reason for the other man to defend himself; though the wounding of an innocent bystander, a clergyman at that, will most likely complicate that defendant’s case.

It is every person’s right under the law to have his of her case heard in a court of law. As an Alabama criminal defense attorney, I believe everyone is innocent until proven guilty regardless of public opinion or appearance of guilt based on the so-called facts disseminated through the media. And while criminal trials do not always result in the best outcome for some defendants, in my experience it is usually recommended that individuals pursue the criminal appeals process when the outcome of the original trial has been less than satisfactory.

Bystander wounded, one arrested in shootout at southwest Birmingham gas station, AL.com, August 20, 2009
 

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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

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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

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