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

The United States Supreme Court recently decided that the well-known Miranda right pertaining to “remaining silent” has an expiration date. This could have wide-ranging effects on individuals arrested for crimes in cities like Montgomery, Mobile, Huntsville and other smaller towns around Alabama. As a Birmingham criminal attorney, my first concern is to provide an aggressive defense to my clients.

With this latest Supreme Court ruling, a suspect in a criminal case could theoretically be questioned two weeks following his initial Miranda reading and actually not have the protection normally expected of that law. In fact, the Supreme Court has said that a suspect who invokes his "right to remain silent" under Miranda can be questioned again after 14 days if he agrees to talk to law enforcement authorities of his own free will, he could unintentionally incriminate himself, allowing prosecutors to essentially use those more recent statements against him in a court of law.

According to reports, the 9-to-0 Supreme Court decision over a child abuse case essentially overturned a nearly 30-year-old rule that has barred the police from questioning a suspect once he had asked to remain silent and to speak with a lawyer.

The "Edwards rule" as it is also known was initially created in 1981 to prevent investigators from harassing suspects who are held in jail following their invocation of their Miranda rights. Prior to the inclusion of this rule, it was not uncommon for police to awaken a suspect in the middle of the night and ask him again to waive his rights and to admit to a crime.

More recently, this rule has been understood to preclude the police from re-questioning a freed suspect, even for other crimes in other places. As part of their ruling, Supreme Court justices stated that although the rule made sense for suspects who were held in jail, it did not make sense for suspects who had gone free.

"In a country that harbors a large number of repeat offenders, the consequence [of this no-further-questioning rule] is disastrous," Justice Antonin Scalia said, adding, “If there has been a "break in custody" and the suspect has gone free, the police should be allowed to speak with him after some period of time.

According to court records, the Court settled on 14 days because it "provides plenty of time for the suspect to get reacclimated to his normal life [and] to consult with friends and counsel."

As a result of this ruling, the high court overturned a lower court decision, essentially saying that the incriminating statements made by the defendant in the child abuse case -- weeks after the original Miranda reading -- could be used to convict him. It’s important to note that while all nine justices agreed on the outcome, two did not agree with the 14-day rule -- Justice John Paul Stevens said that time period was too short, and Justice Clarence Thomas said it was too long.

Supreme Court puts expiration date on 'right to remain silent', LATimes.com, February 25, 2010

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Times are tough and it's not surprising that some people are resorting to pretty crimes to make ends meet. As an Alabama criminal defense attorney, I have the skills to represent individuals caught in the legal system as a result of alleged illegal activities. Whether you live in Montgomery, Tuscaloosa, Decatur, Gadsden, or Opelika, local law enforcement has little tolerance for crimes of all types.

From speeding tickets and minor vandalism to sex crimes and felonious assault, courts from Huntsville to Mobile are seeing more and more criminal cases. The number of persons going before criminal court judges will likely increase in the future thanks to new legislation being pushed by local politicians.

According to reports, Alabama officials are looking to increase the penalties for gang-related crimes, such as graffiti painting. Although not as serious as other crimes, such as grand larceny, child pornography and criminal sexual behavior, graffiti painting has become a highly visible act that authorities apparently want to wipe out.

Reportedly, local legislators are working on a bill that will provide specific penalties for gang-related activities, including harsher punishment for so-called vandals who paint graffiti.

At the time of the news article, Alabama Senator Roger Bedford of Russellville and Representative Johnny Mack Morrow of Red Bay, were poised to introduce the Alabama Streetgang Act, brought about due to the frequent instances of graffiti painting in Russellville, AL.

Alabama does not have specific penalties related to gang activity. The proposed law would deem it a criminal offense to participate in an organized group of criminals or assist such groups. The law is supposed to boost the punishment for graffiti, which gangs reportedly use to mark their territory, according to law enforcement agencies.

Over the last several months, groups identified as the "South Side 13," "Latin Kings," "18th Street" and "13th Street" have spray-painted various structures around the city, including sports parks, business establishments and billboards.

In one instance, police arrested four juveniles found coming out of an alley on Washington Street near a graffiti painted hardware store. According to Russellville police, the four were carrying bags containing spray-paint cans and also had paint on their hands and clothing.

Although the four youths allegedly admitted having painted graffiti on the local business, news reports indicate that police officials remain frustration that current laws would not allow them to made examples out of those four kids.

Based on news articles, the proposed law would recognize four new punishable offenses:

1) Graffiti damage of more than $2,500 would be a Class B felony
2) Graffiti damage between $500 and $2,500 would be a Class C felony
3) Graffiti damage less than $500 would be a misdemeanor
4) Possession and distribution of graffiti tools would be a Class A misdemeanor

Officials want stiffer graffiti punishment, TimesDaily.com, January 23, 2010

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As a Birmingham criminal defense lawyer, I know that a percentage of people arrested for various non-violent crimes were simply in the wrong place at the wrong time. In the eyes of law enforcement, however, there is no justification for breaking any Alabama law. But as a defense lawyer for individuals who have been accused of crimes, I know that a person’s motivations and actions can often fall into a gray area. This is why we have trials that allow defendants a chance to explain themselves.

Regardless of where you live or work -- Montgomery, Tuscaloosa, Auburn or Prichard, or anywhere across the state for that matter -- illegal gambling can and does lure many otherwise law abiding folks, which then makes a possible arrest and conviction something that can adversely impact a person’s life. Not long ago, Alabama’s Department of Public Safety (DPS) announced a number of raids on and continuing investigations of gambling dens in Macon and Houston counties.

According to reports, DPS and the Alcoholic Beverage Control Board took part in law enforcement operations at VictoryLand and Country Crossing, and has ongoing operations in these areas.

Part of the Governor's Task Force on Illegal Gambling, DPS officials say that the conducting of these raids on other law enforcement operations are usually held without notice, which is standard protocol. Usually police and other agencies will perform early-morning raids of suspected illicit gambling locations, catching the operators and their clients in the act.

The element of surprise is particularly important, according to police, because any evidence found as a result can contribute to the prosecution of other more serious crimes, such as theft, fraud, financial and tax crimes, not to mention public corruption.

Editorial: Ala. Dept of Public Safety & Gaming Raids, WSFA.com, February 02, 2010

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Due apparently to a lack of information sharing between Alabama and federal law enforcement authorities, hundreds if not thousands of people who are barred by law from buying hand guns, rifles and shotguns may have done so with scarcely a problem. According to a recent news report, Alabama failed to report thousands of individuals who are barred from firearms possession to the federal government. This situation could have allowed persons living in cities such as Montgomery, Tuscaloosa, Decatur and Prattville to buy firearms contrary to that allowed by law.

As a Birmingham criminal defense lawyer, I help many people across Alabama who have been accused of a crime. Not all of these individuals are guilty, and all are considered innocent until proven guilty in a court of law. This latest news article points up the confusion that is sometimes caused by the lack of communication between state and federal agencies.

According to reports, Federal authorities and gun control advocates believe that literally  thousands of potentially unstable mental patients who have been released from state institutions now have easy access to guns because of Alabama's narrowly defined reporting law.

In one instance, a former West Point graduate who served 18 years in the U.S. Army walked into a local Bass Pro Shop and bought a shotgun, pistol and rifle. Police reports indicate that the instant background check run by store personnel in Spanish Fort failed to flag the customer as a person barred from buying a gun. The reason for this, say law enforcement authorities, is due to the fact that Alabama reports just a small fraction of mental health commitments to a national database.

The 42-year-old military veteran, David Otto Gluth, Jr., was previously treated for post-traumatic stress disorder at the Walter Reed Army Medical Center. Additionally, a psychiatrist who treated him at the AltaPointe Health System in Mobile, AL, stated that Gluth might also suffer from bipolar disorder with psychotic features and other problems. In 2008, he was reportedly involuntarily committed to Searcy Hospital in Mount Vernon, which made him ineligible under federal law to buy or own a gun.

Police were made aware of the potentially mentally unstable individual after he allegedly got into an argument with another customer in the store, talking about his needing a steady hand to shoot someone. A spokesman for the tore said he was confident that the company followed the law.

According to gun control advocates, if a store employee observes strange and threatening behavior from a customer it is a good indication that the gun should not be sold. This was apparently borne when Fairhope police responded to complaints of an armed man walking around the Rock Creek subdivision. They arrested Gluth and booked him on a disorderly conduct charge.

Gun loophole: Alabama fails to report thousands who are barred from firearms possession, AL.com, January 17, 2010

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Across the state of Alabama, in towns and cities like Hoover, Phenix City, Huntsville and Dothan, individuals are arrested daily for crimes such as assault, theft, drug possession and criminal sexual behavior. As a Birmingham criminal defense lawyer, I understand the circumstances that can get a person caught up in the legal system. State and federal crimes can result in criminal convictions and lengthy jail and prison sentences.

It happens all of the time in this state and the appeals process can be critical in avoiding a life-altering conviction. Recently, the Alabama Supreme Court refused a final appeal by a DeKalb County man who was arrested for producing pornographic videos of juveniles at a business he once owned. He was convicted in 1990 and sentenced to four consecutive life terms.

According to news reports, 66-year-old David Lawrence Poole, who is currently serving his sentence at the Limestone Correctional Facility, had his final appeal denied without comment by this state’s highest court.

Based on new articles, the former owner of the Rainsville skating rink was arrested in 1989 at his DeKalb County home following complaints of a hidden camera located in a heating duct grille in the rink’s bathroom. A police investigation not only uncovered the video equipment, but by tracing the coaxial cable running from the camera to the suspect’s trailer parked next to the facility, law enforcement officials also found a cache of pornographic tapes.

Prior to this latest and apparently final attempt to appeal a guilty verdict, Poole had gone before the Alabama Court of Criminal Appeals last October. The result of that last appeal was a rejection by the court to hear Poole's case.

Eight years ago, Poole petitioned the Court of Criminal Appeals claiming that he was prosecuted in violation of search warrant laws and that the indictment was flawed. The original charges included four counts of producing obscene matter depicting persons under 17 years of age involved in obscene acts. According to reports, Poole later pleaded guilty to a fifth count.

Poole was arrested after a video camera was found behind a vent grille in the ceiling of the men's room at the skating rink he operated in 1989. A coaxial cable ran from the camera to Poole's trailer next to the rink.

Producer of porn tapes loses final state appeal, AL.com, January 15, 2010

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As an Birmingham criminal defense attorney, I have the experience to aggressively defend individuals accused of various crimes ranging from petty theft to grand larceny and domestic violence to murder in the first degree. The innocence of defendants in a criminal trial is assumed until a conviction by a jury of their peers. No matter where you live -- Tuscaloosa, Decatur, Madison, Prattville or anywhere else in Alabama -- a jury may acquit a person arrested for a crime if the evidence gathered by the police is lacking, however in the case of some offenses the facts can be quite damning.

The trial of a man accused of fatally shooting a Huntsville police officer has seen some interesting defense tactics. According to recent news articles, Kenneth Shipp was arrested following the shooting death of Officer Eric Freeman in late 2007. The defendant’s criminal lawyer reminded jurors their job was determine whether or not Freeman's death was a result of Shipp’s intention to kill the officer, or simply a tragic result of the defendant’s reported drunkenness that evening.

According to court reports, Shipp was not only intoxicated that night, but was also under the influence of pharmaceutical drugs, which has apparently been established as fact in the case.

This is a serious situation for the defendant, who faces a capital murder charge for killing a police officer in the line of duty. In fact, the prosecution had at the time for the article stated that it would seek the death penalty if the 55-year-old man is convicted.

Based on reports, the shooting incident occurred on December 14, 2007, following what has been described as a simple investigation of a possible DUI traffic accident at Bailey Cove and Weatherly roads. However, that routine drunk driving traffic stop ended moments later when Shipp allegedly shot Officer Freeman at point-blank range with a small .22-caliber pistol.

Police reports show that Shipp shot Freeman as he and another officer, Kevin Lambert, were escorting Shipp to a patrol car to wait for a DUI investigator. When a third officer arrived, he found Lambert, Shipp and another man, a former police officer, wrestling on the ground and trying to get the gun away from Shipp.

Court records indicate that other officers arriving at the scene hear the defendant yelling that he had a bomb and demanding that they shoot and kill him. Based on news reports, Shipp’s defense team questioned whether the defendant’s behavior was consistent with intoxication. In Alabama intoxication is not a defense in and of itself. But it can sometimes be used as a defense if someone is so intoxicated that they suffer from mania and clearly don't know what they are doing.

Defense focus: Shipp intoxication, AL.com, February 02, 2010

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Alabama’s Supreme Court recently issued a stay of execution for a convicted murderer. According to a news report, the stay was granted at the request of Robert Bryant Melson, who received a death sentence in the robbery-murder of three employees of an East Gadsden Popeye’s Chicken and Biscuit restaurant in 1994. As a Birmingham criminal defense lawyer, I have the experience to represent individuals charged with crimes such as grand larceny, assault and murder or manslaughter.

Being an Alabama criminal attorney, I hold that every person accused of a violent crime or other criminal offense is innocent until proven guilty by a court of law. This is everyone’s constitutional right and I adhere to this important rule of law. According to the news article, the execution was to be held on February 18, but has now been delayed to await the outcome of a case being considered by the United States Supreme Court.

The 38-year-old Melson was originally convicted for the slayings of restaurant employees Nathaniel Baker, 17, Tamika Collins, 18, and Darrell Collier, 23. According to reports, a fourth employee, Bryant Archer, was the only survivor of the shootings when Melson and an accomplice, Cuhuatemoc Hinricy Peraita, robbed the restaurant in April 15 of that year. Based on court records of the incident, Archer was also shot during the robbery but survived the ordeal.

Melson’s stay was granted by the Alabama Supreme Court at Melson's request so that he and his attorney could to hear the outcome of a Florida case that is currently being considered by the U.S. Supreme Court. That case reportedly involves an issue similar to Melson's case, which revolves around whether petitions were filed in a timely manner.

This stay would appear to be Melson’s last chance, since records indicate that he exhausted his final appeal last October when it was denied by the U.S. Supreme Court.

Alabama Supreme Court stays Melson's execution, GadsdenTimes.com, January 27, 2010

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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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The poor economy apparently hasn't increased the nation's crime rate, but Alabama's continues to rise. According to the Federal Bureau of Investigation (FBI), crime nationwide dropped last year, but not in Northern Alabama. Here in Birmingham, where I maintain my criminal defense practice, I find that a percentage of individuals accused of property and theft crimes do so because of money problems; some are falsely accused.Crime in Montgomery, Tuscaloosa, Mobile and elsewhere seems to have gotten worse. Burglary and motor vehicle thefts are property crimes.

A recent news article reported that law enforcement officials were not surprised about the latest statistics from the FBI. However, police aren’t particularly happy hearing that property crime in Northwest Alabama increased in 2008. Statistics from the Alabama Criminal Justice Information Center's 2008 Crime in Alabama report indicate there were 181,434 property crimes in 2008, compared to 174,802 in 2007 and 164,810 in 2006.

By contrast, the FBI’s report shows that nationwide there were 9.7 million property crimes reported in 2008, about 0.8 percent lower than the 9.8 million reported in 2007.

Tuscumbia Police Chief Tony Logan said the economy has always dictated crime. "With unemployment the highest it's been in years, there are people who are stealing," Logan said. "And with an increasing drug problem and methamphetamine problem, there is more stealing to support that habit; we've all seen an increase in that."

Tuscumbia was the only city Northern Alabama’s five largest cities to see a decline in thefts. There were 161 thefts reported in 2008, compared to 191 in 2007. But Logan said he's worried that the impact of high unemployment will play a bigger role in thefts and burglaries in 2009 than in 2008.

With poor economy, law enforcement officials aren’t surprised, TimesDaily.con, September 27, 2009

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A Chickasaw, AL, woman was expected to plead guilty to child porn charges after she allegedly drugged two youngsters prior to a sexual encounter with an adult male. As a Birmingham criminal defense lawyer, I know the value of having a qualified legal professional by your side in serious criminal cases like this one. In this particular instance, the defendant reportedly has a history of mental illness, which may be a mitigating factor during sentencing.

According to news reports, 30-year-old Melissa B. Gray was charged by local authorities with drugging two children for sex and was, at the time of the report, expected to make a blind plea to a child porn charge in a Mobile, Alabama, court.

The Chickasaw resident supposedly drugged the two minor as a prelude to a planned sexual encounter with a man she met online. Her possible guilty plea to charges of child pornography was based on documents filed in court by her attorney at the time of the news article.

According to an affidavit filed earlier this year by the Alabama Bureau of Investigation, Jonathan Daniel Bervig from Milton, FL, met Gray over the Internet and began swapping child pornography with her. The affidavit claims that Bervig told investigators in January that he arranged to drive to Gray's house to have sex with a young relative of hers and another child, both of whom would be drugged so as not to resist. However, Bervig said that when he arrived the children were still awake and alert so he left.

According to reports, an undercover investigator, who posed as Bervig, later sent instant messages to Gray, who tried again to set up a sexual liaison. Law enforcement officers went to Gray's home on January 6 and found a prescription for Percocet, a painkiller that can cause drowsiness and confusion. At that time, officers tried unsuccessfully to awaken a seven-year-old boy at the home before taking him to a hospital.

Local police and other law enforcement officials found a computer at Grey’s home with dozens of images of child pornography, as well as incest stories involving young boys, according to investigators.

At the time of the news article, Gray was expected to enter a "blind plea" to possession and distribution of child pornography charges, meaning that she would get no promise of a lenient sentencing recommendation from federal prosecutors in Mobile. The defendant, a former schoolteacher, faces a mandatory minimum sentence of five years in prison. According to reports, the worst-case scenario for her would be just over 12 years, based on advisory sentencing guidelines. U.S. District Judge Kristi DuBose was slated to make the final decision.

Drugging children for sex suspect to make blind plea to child porn charge, AL.com, September 17, 2009

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A Robertsdale, AL, man has been sentenced to 16 years in prison for trying to have sex with a 14-year-old boy across state lines. According to news reports, David Allen Girard, was arrested and charged with for using a computer facility to lure a minor child to engage in sexual activity. Police said that the man had a previous conviction in Alabama for the possession of child pornography and is a registered sex offender in this state.

Authorities had alleged that the 53-year-old Alabama man chatted with the victim on a web site called “gay.com” in what appears to have been a sting operation to catch sexual predators. As a Birmingham criminal defense lawyer, I have the ability to represent individuals charged with criminal sexual behavior such as this man was.

According to reports, the defendant had apparently arranged to meet the youngster in Pensacola, FL, for the purpose of having sexual relations with him. Driving from his residence in Alabama to Florida, Girard found that the “14-year-old-boy” was actually a fictitious person created by a group of local law enforcement officers working in an undercover Internet sting operation.

Following the out-of-state arrest, the man was taken into custody. Police reportedly found on his person condoms and personal lubrication. A U.S. district judge sentenced Girard to 195 months in federal prison to be followed by a life time term of supervised release.

For anyone who thinks that sex crimes are not serious offenses, this story shows that the penalties can be harsh and remain with a person for their entire life. Because of this, it is always wise to seek the services of a qualified criminal defense attorney who has experience defending individuals accused of criminal sexual behavior.

Alabama man sentenced for trying to have sex with a minor, SRPressGazette.com, October 13, 2009

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White collar crime in Alabama can range from petty theft to embezzlement to Internet fraud. Hard economic times can cause people to attempt crimes like these, or they can become embroiled in a difficult situation with seemingly no way out. As a Birmingham criminal defense lawyer, I know that many people accused of a particular crime feel they are not guilty. I also know that some people who may have committed a criminal act did so under heavy emotional or financial pressure.

While what happened may seem clear cut, there are usually extenuating circumstances that as defense attorneys we must explain to a jury so they can make an informed decision on the guilt or innocence of a defendant. A recent news article pointed out one kind of crime that may be more common than people imagine. A former SouthBank employee has reportedly been indicted for allegedly stealing more than a half-million dollars from that financial institution.

The defendant, a 48-year-old Huntsville woman, was recently indicted on charges she stole more than $500,000 over a five-year period while she was employed by SouthBank. Keleste Sherrill is a former assistant manager at the bank's Jefferson Street branch. She was charged with bank fraud after having allegedly stolen money from the bank's vault and ATM machines between January 2004 and August 2009. Bank management estimates the total amount at $533,000.

According to reports, SouthBank President Art Freeman said bank officials discovered an irregularity on a Friday afternoon last August. After completing an internal investigation the following Monday, bank officials confronted Sherrill as she arrived at work and described what they had found. Freeman said the woman was cooperative.

The Huntsville prosecutor’s office alleges that Sherrill used ATM ledgers and avoided bank cameras as a part of the scheme, according to the indictment. This initial indictment is just the first phase in the process of criminal prosecution. If convicted, the woman could be looking at up to 30 years in prison and may even have to pay $1 million in fines.

Former SouthBank employee indicted in $500K Huntsville bank theft, AL.com, September 30, 2009
 

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It’s a shame when a representative of the court is charged with a crime. Of course, any person accused of a criminal act, such as child pornography or criminal sexual behavior, is always considered innocent until proven guilty. However, to have the charges brought forth in the first place can truly be an embarrassment to the individual and their profession. As a Birmingham criminal defense lawyer, I can empathize with this defendant and only hope that justice will be served quickly and with an even hand.

According to news reports, a Dothan attorney is facing multiple child pornography charges. His legal representative had recently asked the court for litigation expenses, including money to pay for a computer expert. The attorney handling Randy Carroll Brackin’s child porn case told the Houston County Courthouse that his client would be submitting an affidavit of indigency, declaring he could not afford to retain an attorney.

The case stems from a February 5 arrest in which Houston County Sheriff’s investigators took the 62-year-old Brackin into custody, charging him with 11 felony counts of possession of child pornography or obscene material. If convicted, the man faces one to 10 years in prison for each of the class C felony crimes.

According to police reports, deputies seized evidence related to the case from five different locations, including Brackin’s office, home, a female friend’s home, a storage facility and his mother’s home. Some of the images found on computers included pictures of some sexual acts and nudity. The children depicted in the pictures were under the age of 12, authorities claimed.

Because Brackin has served as an attorney in Houston County and appeared before numerous judges in that locality, a judge from Dale County, Circuit Court Judge P.B. McLauchlin, Jr., was brought in to preside over the case. The judge has set a tentative trial date for Brackin’s case for early 2010. As a result of the criminal charges, Brackin’s license to practice law was suspended earlier this year.

The defense had asked for bond requirements to be loosened, saying that Judge Lawson Little had already withdrawn the requirement that Brackin wear an electronic ankle bracelet while out on bond. Brackin’s attorney said some of the remaining restrictions included that his client live with his mother, that he call Houston County dispatch anytime he wants to leave the house and that he cannot leave Houston County or the state of Alabama.

Dothan attorney facing child porn charges claims indigency, DothanEagle.com, September 24, 2009

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Everyday we see instances where the law doesn’t reflect the capabilities and extent of technology. This appears to be the case in Alabama and other states with frequent instances of young people, teenagers and preteens, being accused of criminal sexual behavior. As a criminal defense lawyer in the Birmingham area, I have defended numerous clients who have been accused of crimes such as drug possession, theft, sexual abuse, and pornography, just to name a few.

The newest use for smart phones (mainly by youngsters) seems to be causing a great deal of trouble. “Sexting,” or sending lewd and sexually explicit photos of oneself to friends via cell phone, has gotten a bunch of kids in trouble with local authorities. One particular case caught my eye and points to a possible flurry of court cases that may occur in the future.

According to news reports, there's an uproar in Wisconsin due to a local 14-year-old boy who is now facing child porn charges. The Milwaukee police say the boy threatened to spread rumors about the girls he targeted if they didn't send him nude and semi-nude pictures -- which they did.

Local authorities claim they found 80 images from several girls on the 14-year-old's cell phone. And one nude snapshot of a girl was found on hundreds of phones. To most parents, this will seem horrendous, but is it a crime worthy of child pornography charges?

The girls whose photos have been distributed were aged between 13 and 15 years old when they sent the photos. Investigators have not yet identified all of them.

Milwaukee police claim that the 14-year-old’s exchanging of sexually explicit photos with other kids is a simple case of child porn, and not the more common sexting that people are hearing more about. Based on news reports, investigators have also seized computers belonging to a group believed to have begun the forwarding.

While one can wonder what drove this 14-year-old to do what he did, the real question is whether or not it was innocent curiosity or truly a criminal act. The problem is that the police are attempting to apply a law that never envisioned this kind of behavior, not to mention the technology that makes it all possible.

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Reading a recent news report, I saw that The Shoals is way overrepresented when it comes to people on death row. Being convicted of murder is about as serious as it gets in the criminal arena, and death row is a place nobody wants to go. As an Alabama criminal defense attorney, I have represented many individuals accused of murder, homicide or manslaughter. Depending on the circumstances, some people in this situation simply do not deserve the death penalty.

At the time of the article, there were 203 inmates on death row in Alabama. Of those, 10 inmates had committed one or more homicides in Colbert, Franklin or Lauderdale counties. Five of those death row inmates from the Shoals and were there since March 2007. Many are waiting for a decision from the Alabama Court of Criminal Appeals or Supreme Court.

Although more people have been sentenced to death in Colbert, Franklin and Lauderdale in the past 25 months than were sent to death row in the previous 25 years, local prosecutors are not worried the Shoals is becoming a hotbed for violent homicides.

"We're not any more violent than we have ever been," said Lauderdale County District Attorney Chris Connolly. "Every murder is violent. I just think juries are just fed up with crime and they are willing to recommend the death penalty where they feel it is warranted. There were capital murder cases here in the past where there was a conviction, but the jury recommended life without parole and the judge upheld the recommendation."

In Alabama, life without the possibility of parole and the death penalty are the only sentencing options for capital murder. Jurors recommend a punishment in capital cases, but the judge is not bound to follow the recommendation.

According to Alabama law, any time a homicide is committed for monetary gain; committed during another felony such as robbery; has more than one victim; the victim was a law enforcement officer; or the victim was younger than 14, it meets the criteria for capital murder in Alabama.

However, it does occur occasionally that when a homicide even meets the criteria for capital murder, the victim's family asks prosecutors to not pursue the death penalty. This can happen for a variety of reasons. Sometimes the victim’s family doesn't believe in the death penalty for moral or religious reasons, or they just don't want to have to spend 15 or 20 years or even more going to appeal hearings for the person convicted of killing a loved one.

Alabama death row has strong Shoals presence, TimesDaily.com, September 14, 2009

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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

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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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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
 

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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

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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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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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