Herman Thomas Jury Selection Begins

Mobile Judge  UPDATED Former judge Herman Thomas faces dozens of charges stemming from allegations that he forced inmates to perform sexual acts.
by Jessica Taloney
Published: Mon, October 05, 2009 - 9:34 am CST Last Updated: Tue, October 06, 2009 - 11:21 am CST
MOBILE, Alabama - To read the jury questionnaire click here.

5:25 p.m.
-Prosecutors want to call a doctor to testify about sexual fetishes during the Thomas trial. Defense attorneys objected.
-Judge Claud Neilson is expected to make a ruling Tuesday.

4:06 p.m.
- The judge dismissed four more ethics charges.
- Thomas will be tried on 83 charges.

2:54 p.m.
- Judge dismissed 16 ethics charges but denied a motion to dismiss sodomy, sex abuse, assault and extortion because they were violent crimes.

1:06 p.m.
- Thomas' jury will be selected from a pool of 300 potential jurors.
- Jury questionnaire includes 62 questions.
- One question asks whether jurors are a member of specific organizations including 100 Black Men of Greater Mobile, MAMGA, and a long list of fraternities.
- Another question asks if jurors have ties to Bishop State Community College.

10:34 a.m.
Jury selection began Monday in the sex abuse and extortion trial involving a former judge.

Herman Thomas is facing 103 felony charges stemming from allegations that he forced inmates to perform sexual acts under the threat of being thrown back in jail and in some cases in exchange for leniency in the courtroom.

Potential jurors received questionnaires Monday morning, which will be used by attorneys on both sides to strike the jury Wednesday.

Thomas will be back in court at 1 p.m. when Judge Claud Neilson, a retired judge from Marengo County, will rule on the defense's motion to dismiss many of the charges based on the statute of limitations.



According to Bob Clark, one of Thomas' attorneys, the judge issued an order Monday morning saying he will dismiss many of the 31 ethics violations that allegedly occurred more than four years ago, which is the statute for ethics charges.

The statute of limitations for other non-violent felonies in Alabama is three years.

Thomas, who was appointed to the Circuit Court bench in 1999, stepped down in October 2007 as the allegations began to surface.

News Five will be in the courtroom for this afternoon's hearing. Tune in to WKRG News Five at 5 p.m. and 6 p.m. for the latest.





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The Bishop State thing concerns Herman’s cousin, David Thomas, and his link with Bishop State.  David was accused of all sorts of mischief, including that Mardi Gras hit and run.  He was fired from his position at Bishop State shortly after.  After his conviction, Herman allegedly intervened to help him get moved to a more comfortable prison.  This was one of the many complaints against Thomas for abusing his power by helping friends and relatives. 

There was very recently an appeal filed in a wrongful termination case against Bishop State by David Thomas.  So they don’t want anyone involved with Bishop to get in the middle of this.

Well, I guess that makes some sense and the prosecutor can always object if Cowboy crosses a line with his questioning.

Everyone already knows none of these young guys are saints and most do have long records.  So, it will all come down to how it all ties together.  You are right though.  There ain’t nothing in this for them except for ridicule and worse coming from the supporters of Thomas.

In that jury questionnaire they specifically want to know if a person has any connection to Bishop State.  What does everyone make of that?

I think people do care about the back stories of criminals,more than you would believe probably. For some,there may be a chance to move onto a better life and do right.Some will be career criminals.It is those we usually see reported on. I had the privilege of talking to one not too long ago. A guy on parole, who t-boned me in Prichard-no insurance,no license…but didn’t run and I had a nice chat with him. I wish him the best. I even BEGGED the responding officer NOT to ticket him. I also met a young man the other day who had been kicked out of school for being “bad.” I don’t know the story behind it-but after I told him to pull his pants up, I told him I believed in him and that I knew he COULD succeed.

All that being said, I wouldn’t be too quick to jump to the conclusion that because people want to see the criminal element locked up, that they don’t believe there is “some” good in them too.jmo Hopefully the jury will be fair minded,and this doesn’t get thrown out on “technicalities,” or whatever the correct legal term would be if Cowboy said the jury was biased.

I agree Bob.  I think he’s going down hard.  These guys aren’t going to get out of jail because of their testimony.  This isn’t fun for them.  Some of them are being threatened and mocked by their community.  Thomas was very well respected and loved.  These boys are brave.

PS..  You’re right Bob.  Some of them were former clients of the defense attorneys.  I think that is one of the complaints of the prosecution, but it looks like they’re going to be allowed.

Since the cases with the victims are already long over, the conflict of interest rules would be there to protect the current client (Thomas).  So that means if they inform him of the conflict of interest, he has the right to waive it and go ahead and allow them to represent him.  So in this situation, it looks like it’s up to Thomas. 

So back to your original question… What happened in the original cases with these victims?  What sort of relationship did these attorneys have with Thomas then?

If it was just one guy’s story, it probably would be an opened and closed case.  But, there are 15 of these guys willing to testify.  There are jail records showing when he would check them out for a weekend.  Plus, semen belonging to at least one of the fifteen was found in the room at Government Plaza.  That starts to build into a fairly solid circumstantial case, imo.

Cowboy will slam the 15 black guys and then yell racism at the top of his lungs.  It should make for an interesting show.

I’m pretty sure Cowboy’s strategy revolves around trashing the credibiilty of the accusers.  I think it’s unfortunate that many people (possibly jurors?) will sympathize with that reasoning.  In that regard, Thomas did a good job choosing his victims.  (Allegedly, of course). 

Nobody’s really looking out for the young “thugs” locked up in jail.  Just from the comments you can read on here alone, people dislike them in general and aren’t interested in their back story or what good they may or may not have done, and may one day do in the future if they turn their life around. I see a lot of: “If you commit a crime (or run from the cops, etc), screw you! You deserve whatever’s coming to you!” 

If too many of the jurors have that attitude, Cowboy will convince them that the witnesses are not credible.  That’s what makes this such a tough case for the prosecution.  Thomas’ (alleged) actions seem completely outrageous in retrospect, but he knew what he was doing.  Bully the folks nobody else cares about, and no one will even notice.

I would think comments to WKRG would count depending on which side was questioning you and what your comments were.lol I’ve never had the joy of jury duty…wonder why????lol

So, I guess we will hear opening statements Friday, if all goes well.  That should give us an idea what direction Cowboy will try to take the case.

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