Criminal Procedure

DA's Final Answer: Ex-Judge's Acquittal Stands in Prisoner-Paddling Case

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Explaining that three jurors who earlier raised questions about the not-guilty verdict in a criminal case against a former Alabama judge have backed down, the Mobile County District Attorney now says that the case against Herman Thomas is finally concluded, reports the Press-Register.

“It is now time for this community to try to heal and to move on with business,” says district attorney John Tyson Jr. “Congratulations to Mr. Thomas and to his legal staff.”

Earlier, jurors said the acquittal of Thomas in a prisoner-paddling case this week did not accord with their votes and Tyson said he intended to pursue an appeal. But, when questioned by the district attorney’s office, one juror couldn’t remember exactly how he voted, another declined to sign an affidavit and a third also declined, not wanting to be the only juror to do so, the newspaper recounts.

The time for such objections to be raised was in court when the verdict was read, Tyson now says. He tells the newspaper that the prosecution didn’t poll the jury after the verdict was announced in court to confirm that they agreed with it.

Earlier related coverage:

ABAJournal.com: “After Trial Win, Defense Lawyer Polls Jury, Gets Guilty Verdict”

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