Sexual Fetish Testimony In Limbo

Alabama Mobile  Prosecutors are awaiting a judge's decision on whether a clinical psychologist will be allowed to testify about sexual fetishes during the Herman Thomas trial.
by Jessica Taloney
Published: Tue, October 06, 2009 - 2:44 pm CST Last Updated: Tue, October 06, 2009 - 5:40 pm CST
MOBILE, Alabama - Prosecutors are awaiting a judge's decision on whether a clinical psychologist will be allowed to testify about sexual fetishes during the trial of former Circuit Court Judge Herman Thomas.

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.
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It doesn’t matter if there is insufficient evidence to convict in court. The court of public opinion will not forget the number of complaints lodged against this man and will consider him guilty. He is finished in the judicial world.

claycity as you say Greenough, Doyle and Mims did nothing like this. They were just made examples of (not guilty of anything that anybody else hadn’t done) Thomas will get off because there is not enough evidence (not any reliable sources) nothing but jail bait who will say and do anything to get out!

One of 15 thrown out for some reason.  Heck, Claycity might end up right, if it is already dissolving so quickly.

Oh, she’s dangerous now!  ;-p

Thanks.  grin

Sounds like this will go on for the rest of the day and into tomorrow.  They still have a slew of potential jurors rounded up in the ceremonial courtroom at GP, so I am told.

gulp

Yep, what fly said.  red face

Both parties can get rid of an unlimited number of jurors based on an actual reason (bias, personal interest, etc).  They can toss some of them just from the questionnaire.  Then they each get to dismiss a specific number of candidates with no reason given.  So they sift through whoever’s left and toss out the ones they think are worst for their case.  Whoever is left makes up the actual jury panel.  All of this is part of the process of “striking the jury.”  So yes, we’re getting closer.

“striking the jury” could have all new definitions in this case but…
otherwise it means the act of eliminating potential jurors from the pool until an adeqate number of individuals acceptable to both sides has been identified. The process will involve questioning jurors about thier answers on the questionare. Some number of those who submitted thier questionares will be eliminated right off the bat based on their answers.

Go to the forums, start to post a message and you will see the word “smiley” at the upper left of the window.  Pick one and it will put the needed text in the box, i.e.  :  gulp : minus the spaces.

Dang it!

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