In a surprise verdict, a jury acquitted former judge Herman Thomas of sexual abuse, attempted sodomy, and assault related to allegations that he brought inmates to his chambers for sex and spankings. The judge insisted that he brought the men to his office to “mentor” them, but prosecutors put forward evidence of semen on the carpet and testimony of numerous former inmates that they had sex with him or allowed him to spank them for lenient treatment.
After being acquitted by the jury on major counts (but hanging on other counts), the trial judge directed a verdict on all counts in favor of Thomas.
This is a major victory for defense attorney Robert Clark who insisted that the judge was “trying to get them to do right, to be productive citizens.” Prosecutors put forward evidence that placed a different meaning on what Thomas thought was “getting them to do right” or be “productive.” However, some of their witnesses had to be dropped and one said that he was pressured to implicate the judge by his defense lawyer, here.
Thomas is now going to seek the reinstatement of his law license.
For the full story, click here
Alan,
You are correct. I thought I have read that somewhere. Even I am wrong sometime, more times than I can count thought, I am sure.
http://www.wkrg.com/alabama/article/verdict-does-not-mean-thomas-will-get-law-license-back/486063/Oct-27-2009_6-38-pm/
> since the State of Alabama Bar met and declined to reinstate him once the case was dismissed tells me something more is going on behind the scenes
Can you cite a source for that? It is my understanding that following his temporary suspension, further disciplinary proceedings were stayed by mutual agreement pending the outcome of the criminal trial. See http://www.gadsdentimes.com/article/20091027/APN/910271972
Alan,
In his latest publicity stunt, the prosecutor now says he plans to file a “writ of mandamus” with the appeals court.
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A writ such as this is a request for the higher court to Order the lower court to do something rather than wait for the hope of am expedited Appeal. This rarely happens. However, since the State of Alabama Bar met and declined to reinstate him once the case was dismissed tells me something more is going on behind the scenes.
This will set up some interesting cases to be followed on either side as a lot of what we take for a matter of fact in the judicial system will be toast as we know it.
It will set up Federalism to come about ever so more quickly. I fear that we will only have one body of law and that will be how the special court such as Marshall Law interpret them.
Is the ride over and can I get off yet? Some parts of this make me feel squeamish.
In his latest publicity stunt, the prosecutor now says he plans to file a “writ of mandamus” with the appeals court
http://www.al.com/news/press-register/metro.ssf?/base/news/1256721311135050.xml&coll=3
Alan,
That is correct. It was indeed a civil case. Jeopardy only attaches in criminal proceedings. But once the jury was empaneled Jeopardy attached. The jury dismissed/acquitted on some charges directly and by stating that they were hung it was up the judge to decide as a trier of fact based upon the evidence presented whether to proceed or not. I think the Prosecutor has an up hill burden.
Same basic issue as Ford was it over once a settlement was entered?
P.S., By “double jeopardy”, I of course mean the Fifth Amendment prohibition on double jeopardy in criminal prosecutions
That was a civil case. Double jeopardy does not apply to civil cases, but it does apply to criminal cases.
Alan,
Well if they do it like they do in Texas then it can be set aside. Ford had reached a settlement inquire within the all knowing Turley Site for answers:
http://jonathanturley.org/2009/04/24/texas-supreme-court-overturns-verdict-based-on-nine-word-note-from-foreperson/
It would not surprise me in the least if they were allowed to retry this man on these acquitted charges. I expect that the special master was tired of this case.
The prosecutor is apparently going to attempt to get the acquittal set aside based on an alleged irregularity in reporting the verdict. Likely a political/publicity stunt, since he must know double jeopardy bars the reinstatement of these charges.
http://www.fox10tv.com/dpp/news/local_news/mobile_county/da_plans_to_file_motion_in_thomas_case
rafflaw,
If you think paddling was challenging, you should have had the Nuns. I wish I had gotten paddled. I think some of the Nuns were former SERE instructors.
Oh, I did get my fair share after it was I was in parochial school. I am unsure if I was a challenge or challenged.
Mrspo and AY,
The jury system is still good. You have to take into account that this is Alabama, not the real world.
AY,
If you think paddling was challenging, you should have had the Nuns. I wish I had gotten paddled. I think some of the Nuns were former SERE instructors.
Alan,
I must censor what you read. I read the article and link and I am aghast. If Scalia really stated this and it out of the article:
“Hitler developed a wonderful automobile,” Scalia said. “What does that prove?”
I will ask you does this clown (Scalia) not remember that it was not Hitler that created any such automobile. It had already been created in France in the late 1800, hence “Auto Mobile” and at the time frame he speaks he is talking about Italy as well and it was run by a communist manifesto as well. Think “Rome, Berlin Tokyo, Axis” not that I am the brightest bulb in the box but I could really do better. Maybe he is Sicilian, they have there own culture. Not wise to mess with them.
Back to the statement: He built the entire manufacturing plant on the backs of slave labor. Yeah,and a certain family profited off of the slave labor by financing these plants in Nazi Germany whose American Assets were frozen by FDR as conducting business with the enemy act. My how names have changed but the family remains the same.
correction: it had been reported that Justice Scalia was misquoted
http://balkin.blogspot.com/2009/10/justice-scalia-comes-clean-on-brown-v.html
Alan,
Thank you for the link. In response to the Sct. It is my understanding that a Judge is not to comment on cases former, current or pending except through a written opinion.
I wonder if Scalia is going to want to run for President or something like that. Usually they go from the Whitehouse to the Sct not the other way around.
I believe JQA was the only one to go on to be a legislator.
Adams was elected a U.S. Representative from Massachusetts after leaving office, the only president ever to do so, serving for the last 17 years of his life. In the House he became a leading opponent of the Slave Power and argued that if a civil war ever broke out the president could abolish slavery by using his war powers, which Abraham Lincoln partially did during the American Civil War in the 1863 Emancipation Proclamation.
Link: http://en.wikipedia.org/wiki/John_Quincy_Adams
I guess I had forgotten that Monroe was the 5th. If I would have bet on this I would have said Washington was the first, Adams, Jefferson, Madison the Adam’s. Heck, I had to google it up and it was Monroe, James that was the 5th President. I guess you forget the honest ones first. From what I understand he was too honest to be in office.
Maybe Hillary as SOS is positing herself as Adams did while Monroes SOS…..
Alan,
Prairie View A&M University. My dad taught there for one year on sabbatical. Everyone was very friendly and my memories of Prairie View are overall very good.
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Well we are a friendly lot here in Texas. I am just sorry that you had to be exposed to that Other school. You can recover if you wish even as traumatic as an experience that that A& whats is that again. I am just traumatized just thinking that they were able to steal THE University money out of the PUF.
On 28 May 1923, the Santa Rita No. 1 oil well, in Reagan County discovered the first oil on PUF land; in the following decades, the PUF’s revenue made UT Austin among the best-endowed in the nation.
See Alan you just can’t get better than that. Then some jack ass in the legislature redirected THE UNIVERSITYS money to that other system.
Link: http://en.wikipedia.org/wiki/Permanent_University_Fund
Again, accept my condolences for being exposed to that theft.
I am only fuuna ya.
In other news, “Supreme Court Justice Antonin Scalia said he likely would have dissented from the historic 1954 Brown v. Board of Education decision that declared school segregation illegal and struck down the system of ‘separate but equal’ public schools”
http://www.eastvalleytribune.com/story/146308
a demonstration of how juries sometimes come up with compromise verdicts…
“A jury member in the Herman Thomas trial says had he known the judge was going to rule not guilty once jurors couldn’t reach a decision, he ‘would have stood his ground.’ … The juror, who did not want to be identified, said the jury thought it was going to be a hung jury.”
http://www.fox10tv.com/dpp/news/local_news/mobile_county/jurors_speak_day_after_thomas_ruling
Prairie View A&M University. My dad taught there for one year on sabbatical. Everyone was very friendly and my memories of Prairie View are overall very good.
Alan,
My condolences having to live so close to, whats that other schools name? Texas A and something…..
You know the main campus was men’s only and some turned a hissy fit when women were allowed to go to school there….
Prairie View