
Defense attorneys opposed the testimony during a hearing Monday afternoon, saying Thomas is not accused of having a sexual fetish, but Chief Assistant District Attorney Nicki Patterson disagreed describing Thomas as a sexual predator who engaged in "unusual sexual acts."
Dr. Catalina Arata, a retired professor from the University of South Alabama, is an expert in sexual abuse and the behavior of sexual abuse victims, according to Patterson, who plans to use the doctor as an expert witness. "The law says an expert can testify to anything that is beyond the ordinary understanding of a juror," she said.
Thomas is facing 83 felony charges including sodomy, sex abuse, kidnapping and extortion. Fifteen alleged victims have accused the former judge of forcing them to drop their pants while he paddled them for sexual pleasure in a secret office near his chambers. The allegations appear to stem from incidents that allegedly happened from 1999 to 2005. At least three of the victims say they were also forced to perform other sexual acts in exchange for leniency in court or under the threat of being sent back to jail.
Thomas has denied all of the allegations, and his attorneys have been quick to attack the credibility of the accusers. Bob Clark, one of Thomas' attorneys, was scolded by Patterson in court Monday after he referred to the accusers as "bums."
Retired Judge Claud Neilson, who was brought in from Marengo County to preside over the case, dismissed prosecutors motion to remove Clark and Jeff Deen from Thomas' defense team, saying both men should be disqualified because they or associates from their firm have represented several of the accusers in previous cases. Outside the courtroom Monday, Clark called Patterson the "b" word for filing the grievances.
Prosecutors are also awaiting Neilson's decision on whether three judges, including Mobile County Circuit Court Judge Charles Graddick, will be allowed to testify. Patterson says their testimony would be used to explain to jurors the proper conduct of a judge. Patterson also plans to use the judges as fact witnesses.
Monday, 300 potential jurors received a questionnaire to fill out. One of the 62 questions asked potential jurors if they are affiliated with a number of organizations including 100 Black Men of Greater Mobile, Alabama Democratic Conference, MAMGA and dozens of fraternities. The questionnaire also asks jurors if they or a member of their family have ties to Bishop State Community College.
Attorneys on both sides spent most of the day Tuesday reading through the answers. Attorneys will begin striking the jury Wednesday, and opening statements could begin as early as Thursday afternoon.
Time Threatens Herman Thomas Case









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