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

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

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
 

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

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

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

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

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

An Atmore, Alabama, couple have been indicted for felony child abuse by an Escambia County grand jury. The woman, Tracy Linam, 37, is a kindergarten teacher at Rachel Patterson Elementary. She and her 44-year-old husband, Terry Desmond Linam, had been booked into the Escambia County Detention Center, but were subsequently released on bond of $165,000 each.

Court records indicate that the couple allegedly tortured, willfully abused and maltreated the children. The indictment states that each adult struck the children with a hand or foot in the genital area and included "shoving, cursing, belittling, threatening, pulling or snatching hair." The couple reportedly also forced the kids to take medication to make them sleep.

The two were each charged with three counts of aggravated child abuse, which is a Class B felony in Alabama, plus three counts of domestic violence in the third degree -- a Class A misdemeanor, according to the Alabama Attorney General’s office. Each of the felony counts represent a sentence of from one to 20 years, while the misdemeanor counts are punishable by one year in jail.

According to Joy Patterson, spokesperson for the Alabama Attorney General’s office, the three children involved in the case were Terry Linam’s from a previous marriage. It has been reported that the alleged abuse was physical, not sexual, according to Escambia County Chief Deputy Mike Lambert.

Lambert told the press that the indictments were a result of an ongoing investigation that began with the sheriff’s office. During the investigation the district attorney recused himself due to “some conflicts,” according to Lambert. The case was then handed over to the attorney general’s office, which continued the investigation and presented material to the grand jury.

This type of case can ruin a career, especially for someone who works with young children. Based on local reports, it appears that Tracy Linam has been placed on paid administrative leave until the case is resolved, this according to Escambia County School Board Superintendent, Billy Hines. The implications, however, are very serious. Serious enough to seek the best legal help available.

If you or someone you know has been accused of a crime, we advise that you retain a professional criminal defense attorney. We at Eversole Law understand that there's more than one side to any story. In addition to the embarrassment, defendants face a wrenching uncertainty about their futures. You need a defense team that will fight for your rights. 

Escambia County teacher facing abuse charges placed on leave, AL.com, April 30, 2009

Pair indicted in child abuse case, BrewtonStandard.com, April 29, 2009

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