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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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A former Shelby County resident was recently arrested by U.S. Marshals as part of a sex crimes task force operation in a neighboring state. The capture of one of Alabama’s “most wanted” criminals was carried out with the help of the U.S. Marshals Regional Task Force in Birmingham, Alabama, and with the cooperation of the Shelby County Sheriffs Office. The former Alabama resident and fugitive was captured in Louisiana on charges of second degree sodomy and second degree rape stemming from a case in Shelby County. The suspect, Jack Copeland, will be extradited back to Alabama to stand trial for these alleged sex crimes.

As an Alabama criminal defense lawyer based in Birmingham, I have represented many clients accused of criminal sexual behavior. Although the media tend to paint most sex crime suspects as guilty from the get-go, the law demands that everyone be treated as innocent until proven guilty. We’ve all heard of trial by the press, but in my world the only proper trial is one held in a court of law. Still, there is no getting around charges of second degree criminal sexual behavior.

Rape in the second degree is a Class B felony. For an adult such as Mr. Copeland, this is defined as engaging in sexual intercourse with a member of the opposite sex who is less than 16 years of age and more than 12 years old. It can also cover an instance of sexual intercourse with a member of the opposite sex who is unable to consent because of certain mental deficiencies.

According to a press release from the U.S. Department of Justice, Mr. Copeland was arrested in the afternoon of July 15 at an apartment complex in Lafayette, LA. The arrest was carried out by U.S. Marshals from the Western District of Louisiana’s Fugitive Task Force in Lafayette. The 37-year-old is wanted here for sex crimes and in Florida for several felonies including possession of a controlled substance and domestic battery. He was booked U.S. Marshal Task Force Officers booked Copeland into the Lafayette Parish Correctional Center where he will be extradited back to Alabama, then Florida to face his charges.

Alabama’s Most Wanted Arrested by U.S. Marshals in Lafayette, USMarshals.gov, July 15, 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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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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