
The D.A. Tuesday talked with three jurors who said the verdict the judge read in the case was not the one they agreed to.
Thomas is a former Mobile Circuit Court judge.
Monday, he was found not guilty of sexually abusing and paddling inmates.
Tyson said, "We received phone calls from three of jurors in the Thomas case. They indicated that they needed to tell us some things."
But exactly what those things were are a mystery.
Tyson added, "Please don't ask me to disclose their names. Please don't ask me to disclose specifically what they had to say. That's premature at this point. But, let me just say, that new information comes to us today and we're going to have to react to it by filing appropriate papers in the courts."
The district attorney said he plans to file the affidavits or motions in the case as soon as Wednesday.
He said they'll be filed in the trial court presided over by Special Judge Claud Neilson, and according to Tyson, "maybe another appellate court, depending on what we decide finally what we need to do."
Thomas's attorney Jeff Deen said if jurors had concerns about the verdict, there was plenty of time to say something.
Deen said, "I would be vehemently opposed to setting aside anything now. They (the jurors) heard it read out, they heard the judge say it, and to come back a day later or something and say, 'Well, that's not what I really wanted,' they should have spoken up then."
So, as was the case during the trial, the prosecution and the defense don't agree.
Tyson said, "I thought that we were finished with the trials yesterday (Monday), but in light of the information that we have tonight, I do not think that we are."
Deen said, "I don't know what they (the jurors) are talking about, I really don't know. But, I just think legally, its over with."
As News Five reported on Tuesday's 5pm and 6pm newscasts, three jurors came forward saying the not guilty verdicts announced Monday were not unanimous.
The jurors said they were railroaded and did not vote to acquit Thomas.
Former Judge Herman Thomas Not Guilty









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