Herman Thomas Case Is Over

Alabama Mobile  The three jurors who complained the day after the trial claiming they did not vote "not guilty" have backed out.
by Jessica Taloney
Published: Thu, October 29, 2009 - 3:25 pm CST
MOBILE, Alabama - The dispute over the verdict in the Herman Thomas sex abuse trial is over.

Three jurors, who contacted District Attorney John Tyson one day after the verdict was announced, have now backed out of plans for a post-trial challenge.

One of the jurors told News Five he voted not guilty to just two charges, not the seven that were announced in court. Another juror said on the attempted sodomy charge there were eleven guilty votes and just one not guilty vote, and jurors were hopelessly deadlocked on the remaining charges. Special Judge Claud Neilson acquitted Thomas of the attempted sodomy charge along with 13 others after jurors failed to reach a unanimous decision.

Tyson was expected to file a motion Wednesday challenging the verdict, but late Wednesday afternoon he announced the three disgruntled jurors no longer wanted to be involved in the case.

"It is now, I think, time for this community to try to heal and try to move on with business," said Tyson, who said the jurors were not interested in the public attention that has followed this case.

Thomas, a former Mobile County circuit court judge, was acquitted on 21 counts of sexually abusing and assaulting inmates in exchange for leniency in his courtroom.

Thomas' attorney, Jeff Deen, said he is glad this case is over.

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The victimology played as much of a role as anything in the failed prosecution. Thomas appears to have chosen wisely. None of the witnesses were choirboys which made the defense team’s cross examination easy. It makes it comical that Cowboy & Deen are parading a victory when all they had to do was call the witnesses’ character into question. The jury disregards the DNA & goes for a naive “he’s a good man, he couldn’t have done this.”  The room where the DNA was found was not a public room, in fact maintenance workers at Govt. Plaza reported that even they didn’t have keys to the room.

Keep in mind, the people that acquiesced & reportedly took a paddling (or worse)got reduced sentences. A number of them continued criminal activity that landed them additional time as a result, hence how many were serving time after participating in Thomas’ spanking program in contrast to the ones that refused the paddle and got lengthy sentences. Its circular logic when people attack the witnesses for being criminals when the defendant was cutting their sentences to slaps on the wrist (or arse, for that matter) after which many re-offended. Of course the witnesses weren’t choir boys, a lot of them were low-level thugs…that was the purpose of selecting them, as who’s going to believe their claims over a reputable judge? They stood to gain very little for announcing what they did, and certainly lose any street credibility or toughness points.

Alright, Game 3 is about to start…

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Yes, the DA and the feds both dropped the ball.  I think the DA threw something together at the last minute because they got backed in a corner by certain members of the media.  They did not appear to be playing this case to win it.  They shrugged off every strange move that “impartial” judge made. 

I don’t have enough fingers to point at all the people who could have done a better job here.  I get that most people don’t care about the victims, but they’re all missing the big picture of what it says about us when something like this can happen right in front of our faces.

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BamaBob:  Now this is the first time we agreed.  Thats all I want people to do is to look at the big picture.  The Mobile DAs office should hire better attys and the Baldwin case should have not been broght back a third time.  We have found common ground. grin

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Fenian and Bamabob,don’t be so reserved,let it all out.LOL
I’ve gotten a lot of good laughs out of both trials comments.It shouldn’t be a laughing matter but I can’t help but laugh.I try to respect everyone’s opinions and comments even though they may not be mine.Humor is hard to find now adays in this jet set world.Everyone have a good day,this ole swamp dweller has to go mobile on the laptop for a while.Talking about texting and driving,try keeping up with the comments and driving.grin just jokeing,the wife drives me every where usually,while I read or play on the laptop.

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Instead of doing their homework and building a strong, relevant case, it looks as if they just threw a plate of spaghetti at the wall and waited to see if any of it would stick.  Bizarre….

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Every time charges were dropped or witnesses dismissed, instead of questioning the logic, we got a press statement about “streamlining” the case. It was borderline comical.

posted from my iPhone

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That sums it up pretty well?

Nothing about the prosecution in the Thomas trial impressed me.  It came across as being very sloppy and almost half-hearted.  The defense didn’t have to do much of anything on this one.

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Both DA’s offices dropped the ball. There, feel better? It’s been said before frequently.

The difference is that one office failed to prepare a case properly and the other failed to fight procedural irregularities, conduct proper voir dire, poll the jury, etc… One jury made a choice based on lack of evidence, the other appears ignorant, biased, and like most of its members were dropped on their heads as children.

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I respect that Carl.  You are right right.  race should not be brought up.  I think both DAs offices should vett their cases better.

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And there are a lot of guilty people not in prison because of a lack of evidence.I believe both cases,former judge Thomas’s and Buzbee’s might have been rushed a bit but they all seem to be working short handed.If I were on either jury we’d still be deliberating or a mistrial would have to be called.I see no race card being played here,a black and a white.In my opinion both should have been found guilty.

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