DA Plans to Appeal Ex-Judge’s Acquittal in Prisoner-Paddling Case
Posted Oct 28, 2009 11:30 AM CDT
By Martha Neil
Saying that three jurors had "expressed some concerns" about the acquittal this week of a former Alabama judge in a prisoner-paddling case, Mobile County District Attorney John Tyson Jr. told a local newspaper that he plans to appeal the not-guilty verdict.
However, defense attorney Robert "Cowboy Bob" Clark told the Press-Register that the acquittal of ex-Mobile County Circuit Judge Herman Thomas stands because jurors aren't allowed to impeach their own verdict.
Thomas was reportedly found not guilty by a Mobile County jury Monday on seven counts, and Judge Claud Neilson then granted a defense motion to dismiss another 14 counts. However, three jurors subsequently said the verdict announced in court didn't accord with their own votes, as discussed in previous ABAJournal.com posts.
The charges against Thomas, 48, included sex abuse, assault, sodomy and attempted sodomy, the newspaper notes.
ABAJournal.com: "Ex-Judge Accused of Paddling Prisoners is Acquitted on All Counts"
ABAJournal.com: "Jurors Dispute Ex-Judge’s Acquittal in Prisoner-Paddling Case"
Press-Register: "Herman Thomas case: Judge's dismissal of 14 charges not unprecedented, say experts"