AG Pledges Legal Help In Thomas Case

Alabama Mobile  Attorney General Troy King is offering legal resources to assist District Attorney John Tyson with post trial motions in the Herman Thomas sex abuse case.
by Jessica Taloney
Published: Wed, October 28, 2009 - 1:27 pm CST Last Updated: Wed, October 28, 2009 - 2:07 pm CST
MOBILE, Alabama - Attorney General Troy King is offering legal resources to assist District Attorney Johny Tyson with post trial motions in the Herman Thomas sex abuse case.

"This is has been a most unusual proceeding from beginning to end," said Chris Bence, King's chief of staff.

A jury of seven women and five men found Thomas, a former circuit court judge, not guilty on five counts of sex abuse, one count of sodomy and one count of assault. Special Judge Claud Neilson then acquitted Thomas on the remaining 14 counts, saying prosecutors did not prove the belt or paddle allegedly used during the assaults was a deadly weapon and there was not a threat of physical injury or death during the alleged sexual abuse.

Bence tells News Five the attorney general's opinion is that prosecutors should have the opportunity to retry a case, which ends in a hung jury, but he said a judge does have the discretion to entertain motions to acquit at any point during the trial, including after the verdict is read. "To wish against a power that exists is frivolous," said Bence, who admitted it is rare for a judge to acquit a defendant after a jury has rendered a verdict.

Tuesday, three jurors came forward disputing the not guilty verdicts that were read aloud in court. A jury's verdict must be unanimous, but one juror said he only voted not guilty to two charges, and the jury was hopelessly deadlocked on the remaining charges. The three jurors met with Tyson Tuesday afternoon.

Tyson, who would not discuss details of the meeting, said he plans to file a post-trial motion Wednesday afternoon.

"There's a pretty strong hurdle they're going to have to overcome," said David Patton, a law professor at the University of Alabama. "There's not a second bite of the apple," he said, suggesting if prosecutors are hoping to retry the case they could run into a problem with double jeopardy.

As of 3 p.m. Wednesday, Tyson's motion had not been filed in Mobile County Circuit Court.

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Looks like the conversation got pretty deep last night, if you know what I mean. lol I like to hear all sides on something like this but the BS is not required and only causes others to question the validity of the comments.

The D.A.‘s office owns the failure in this case. They stalled too long, they did not bother to ensure the charges clearly linked to the crimes and they didn’t bother to make sure the jury understood their instructions completely. It also looks very much like the judge went into the case with a heavy bias for his fellow judge and political compatriot.

This is a very good article that shines a little light on what was happening in the jury room. The not guilty verdict was not close in the least.

http://www.lagniappemobile.com/articles/2755-thomas-juror-speaks-out

I agree with you Mob1.

This entire case was a complete waste of time and money… It was a joke from the start, anyone with half a brain should have known he would get off scott-free.

Having criminals are primary witness’s is never good. They may have been telling the truth the entire time but they have no credibility.

But hey whats done is done, he was a judge and the fact is nothing will ever happen, it will continue to be a waste of money.

I wonder how much he pledged now that the case is over.

Claycity, that is not correct.  The issue in the Dubose case was whether the State Bar could discipline Dubose while he was still a judge for acts that occurred before he was a judge.  The State Bar was denied jurisdiction over Dubose by the Alabama Supreme Court and subsequently amended the Rules of Disciplinary Procedure to keep this from happening again. 

This issue doesn’t apply to the Thomas case.  The Bar has no jurisdiction while a judge is in office, but does have jurisdiction once he is no longer a judge and resumes practicing law, even for acts that occurred while he was a judge. 

Alabama Rules of Disciplinary Procedure
Rule 1 (a)
3) Former Judges. Former judges who have resumed their status as lawyers are subject to the jurisdiction of the Supreme Court of Alabama and the Disciplinary Commission and the Disciplinary Board of the Alabama State Bar for misconduct that occurred while they were judges, before they became judges, or after the resumption of the practice of law and that would have been grounds for lawyer discipline.

BamaBoy.  Where did you attend college?

“I wish there were more people with common sense.”

Hmmmmmmmm….... I guess ya “when” a few and ya looze a few.

I sure hope English is not your native language, considering the fact that you want to lecture others about sense, common or otherwise.

An I day again.  If the DAs office want to try another case.  They cannot ever when this case.  Why did you think the US Attorneys office did not take the case.  I worked in the Civilian legal system for a long time.  Why dod you think DA’s across the country load a lot of charges.  Because they want the defendant to plead the case down.  It doesn’t mean they have a case.  I have seen a judge throw cases out whena defendant pled guilty, b/c there was no evidence of the defendant being guilty.  I wish there were more people with common sense.

One of the jurors now says that they were hopelessly deadlocked on all but two of the charges and over half of them were voting guilty. They all agreed it was a hung jury and would be a mistrial. Then something funny happened. That sounds like a possible conviction was close at hand except that there might have been a couple of ringers on that jury.

Something came across fishy about Judge Neilson from the beginning. He immediately started tossing out many of the charges. He did not allow two of the victims their day in court because he was just tired of listening to it. And then he says to heck with the jury and rules on the case after the fact. No defendant gets that lucky by accident.

just you wait for tomorrows bombshell. glad i will be out of town. if it hasn’t hit the news by noon i’ll drop it on here. oh what the heck. the alabama bar doesn’t have any jurisdiction over what ever happened to with judge thomas when he was a siting judge. only the committee of the judiciary does. remember judge dubose a few months ago. anyway when herman resigned he took themselves out from underneath their microscope. they no longer have any reason to investigate nor any way to discipline him.he reverts to the control of the bar. and the bar doesnt have the authority to intervene on the activities of sitting judges, and the behavior in question happened when he was a sitting judge.

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