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

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

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

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

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

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

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

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

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

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

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

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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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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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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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