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

Being an experienced Birmingham criminal defense attorney, I have the knowledge and skills to represent Alabama residents and other persons accused of committing crimes by the law enforcement agencies of this state. These criminal acts can include theft, larceny, assault, drug possession, criminal sexual behavior, murder and other crimes. As an Alabama criminal lawyer, I do believe that an individual is innocent until proven guilty in a court of law. That’s something nobody can take away because it’s a Constitutional protection granted to everyone in the United States.

Recently, a Franklin County grand jury handed down a number of indictments for a variety of crimes. Many of these individuals will claim that they were unjustly accused. A trial will be held to determine the guilt or innocence of each person. Here is a selection of those indictments:

• Aaron Andrew Adams, 22, Vina -- third-degree robbery
• Sarah Marie Beasley, 25, Haleyville -- possession of a controlled substance and drug paraphernalia
• Andrew Eric Bryant, 19, Haleyville -- seven counts of fraudulent use of a credit card
• Harold Clayton Bryant, 44, Russellville -- possession of drug paraphernalia and attempting to manufacture a controlled substance
• Richard Henry Fisher, 25, Red Bay -- second-degree attempting to manufacture a controlled substance, contributing to truancy and third-degree theft of property
• Tyler Blake Garrison, 18, Russellville -- four counts of third-degree burglary, three counts of second-degree theft of property and one count of attempted theft of property
• Guillermo Castro Gutierrez, 19, Russellville -- second-degree criminal possession of a forged instrument, first-degree identity theft and second-degree forgery
• Jason Anthony Hacker, 25, Vina -- third-degree burglary, third-degree criminal mischief, unlawful breaking and entering a motor vehicle and five counts of third-degree theft of property
• Donnell Lee Harris, 44, Sheffield -- third-degree burglary and second-degree theft of property
• Ryan Bonds Hester, 29, Phil Campbell -- possession of a controlled substance, possession of drug paraphernalia and two counts of domestic violence third-degree assault
• Rafe Hollander, 23, Russellville -- violation of the community notification act as a sex offender
• Dana L. Johnson, 35, Haleyville -- possession of a controlled substance and unlawful possession of drug paraphernalia
• Anthony Wayne Lane, 28, Russellville -- second-degree receiving stolen property, third-degree assault, third-degree burglary and third-degree theft of property
• Hector Ortiz, 25, Fayette -- second-degree forgery, leaving the scene of an accident, public intoxication, resisting arrest and obstructing justice by giving false identification
• Carey Renea Peters, 32, Vina -- second-degree theft of property, violation of protective services, attempting to possess a controlled substance and possession of drug paraphernalia
• Joseph Thomas Postell, 20, Harvest -- second-degree escape
• Cody James Simpson, 20, Florence -- first-degree theft of property and third-degree burglary
• Erskin L. Spearman, 33, Jasper -- public intoxication, second-degree possession of marijuana, carrying a pistol without a permit and certain persons prohibited from carrying a firearm
• Robert Duncan Strickland, 19, Red Bay -- possession of drug paraphernalia and contributing to truancy
• Tilena Ann Watson, 36, Red Bay -- second-degree manufacturing of a controlled substance
• Roger Lee West, 28, Mount Hope -- second-degree forgery
• David Leeander Whitman, 30, Phil Campbell -- first-degree theft of property

Franklin County grand jury, TimesDaily.com, November 26, 2009

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If crime wasn’t on the rise lately we probably wouldn’t be seeing such a flurry of local criminal indictments across Alabama. Recently a grand jury in Coffee County handed down more than two dozen indictments for a variety of alleged crimes in the area. As a Birmingham criminal defense lawyer, I represent many different clients, many of whom believe they do not deserve the charges for which they have been arrested. Drug possession and trafficking, Internet crime, criminal sexual behavior, larceny, burglary and all manner of felonies, I always provide a strong and aggressive defense for my clients.

These are a few of the latest charges and accusations by state and local authorities leveled against various individuals throughout our area. The Coffee County Sheriff’s Department served 25-plus grand jury indictments early in September. More will undoubtedly follow.

News reports state that warrants served on the indictments included Christopher D. McCray, 20, of County Road 723, Chancellor, who was arrested on New Year’s Day on charges of murder and attempted murder at the Castle Ridge Apartment complex in Enterprise. According to Enterprise Police Capt. Mike Lolley, police found Tori Maurice Jones, 30, of Hull Street, dead inside an apartment, shortly after midnight. Jones had been shot once in the face and once in the chest. Injured at the scene was George Presley, 26, who walked into Medical Center Enterprise with a gunshot wound in the forehead.

Others included:

• Jeffrey Todd Ivie, 35, of New Brockton, on charges of trafficking and manufacturing of illegal substances, possession of marijuana, first degree and use and possession of drug paraphernalia
• Michael Brett McClain, 19, of Enterprise on charges of first-degree robbery
• Gregory Michael Thames, 37, of Bonifay, Fla., on manufacturing a controlled substance
• Jeffrey Fluellen, 30, of Enterprise, on possession of cocaine and first-degree marijuana charges
• Wilfred H. Wittekind, 75, of Oakwood Dr., Enterprise, on a first-degree sodomy charge
• Robert Wayne Strickland, 45, of Chancellor, on a charge of second-degree assault
• Sarah Smith Rodgers, 27, of Geneva, on distribution of a controlled substance, second-degree possession of marijuana and possession of drug paraphernalia
• Thomas E. McCaw, 25, of Daleville, on charges of second-degree assault, tampering with physical evidence, manufacturing and attempting to elude police
• Nelson Roldansolano, 27, of Melbourne St., Enterprise, on a charge of second-degree felony rape
• Philip Lamar Nolin, 44, of New Brockton, on nine counts of possession of a forged instrument
• Drake Robert Stinson, 20, of Elba, possession and receiving a controlled substance and use and possession of drug paraphernalia

Coffee County Grand Jury hands down indictments, EpriseNow.com, September 15, 2009

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A registered sex offender was arrested on June 30 in Town Creek, Alabama, as a result of neighbors’ allegations that children were staying with him. The 47-year-old was remanded to the Lawrence County Jail recently with bail set at $15,000. Charged with adult criminal sex offender-prohibited residence, Stephen Wayne Caldwell must now arrange for a new place to live -- the location of his home, according to police reports, was in violation of Alabama laws governing persons convicted of sex crimes.

Having spent my career as a Birmingham, AL, criminal defense lawyer, I know a great deal about sex crimes defense and the penalties that convicted sex offenders typically face. I make every effort to provide an aggressive defense for individuals accused of sex crimes, but a person must also make an effort to improve their situation going forward. In this instance, the man apparently did not follow the rules set by the State of Alabama and register his residence with authorities -- this is a requirement for persons convicted of a sex crime.

Previously convicted in a Kentucky federal court for possession and distribution of child pornography back in 1997, Caldwell has about six weeks to submit a new address to Alabama law enforcement, which is required for all convicted sex offenders living in this state. More importantly, he may end up facing additional legal complications due to allegations that his roommate’s children were staying in the same residence with him. But this remains to be determined.

In any case, I always recommend that anyone accused of a crime should seek the services of a qualified and experienced criminal attorney. The state has a great deal of resources, which is why you need to have a tough litigator on your side.

Registered sex offender arrested after kids spend night at house, TimesDaily.com, July 9, 2009

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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

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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
 

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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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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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As a Birmingham criminal defense lawyer, I often hear of sex crime cases that can only be successfully defended by a skilled legal professional. Occasionally, laws change to make this job more challenging. Alabama House Bill 661, three years in the making, will likely put more teeth in the laws governing sexual misconduct involving youngsters.

In fact, a rise in sexual felony cases against educators, physicians, camp counselors and other adults who act inappropriately with minors could occur if this legislation becomes law. Under the law being proposed in House Bill 661, adults with authority over juveniles would face much more severe punishment for inappropriate behavior with children 18 years of age or under.

This new legislation would greatly affect the outcome of cases like one in Hudson County. In that case, the relationship between a former Dothan High principal and a 16-year-old student may have resulted in jail time for the adult had stricter laws been in place. Evidence included phone logs, as well as text messages showing the defendant, Andrew Sewell, had told the youngster that he loved her and wanted to marry her. He had also written the girl a number of excuses for absences.

Sewell eventually pleaded guilty to a misdemeanor charge of contributing to the delinquency of a minor. Had the victim been 14 years old, instead of 16, Sewell would have faced second-degree rape charges. If convicted he could have gone to jail, as well as been required to register as a sex offender upon his release.

House Bill 661 would result in serious charges and punishments for offenses such as Sewell’s. It would allow adults with authority over children aged 18 or under to be charged with rape, sodomy or sexual abuse should they engage in sexual activity with those in their care. This would affect teachers, principals, doctors treating young patients, foster parents and any other adult who exercises supervision, oversight, custody or control over a child 18 years of age or younger.

As written, the bill does have some flaws, for which it has received due opposition. For instance, it currently lacks wording dealing with situations where, for example, a 19-year-old assistant manager of a fast-food restaurant could be prosecuted for having a relationship with a 17-year-old employee. Scenarios like this must be addressed before the bill becomes law, so that our already over-burdened court system does not become weighed down further by a glut of nuisance cases.

Another piece of legislation, House Bill 810, provides a more narrowed definition of what constitutes a sex crime involving a minor. The wording in this bill would make it a crime for an employee of a school to engage in sex or have sexual contact with a student of either gender, and regardless of the student’s age.
 

Law would make inappropriate teacher-student relationships a felony, Dothaneagle.com, April 18, 2009

Sex with Students, cbs42.com, April 20, 2009

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