Tuesday, October 27, 2009

MOBILE, Ala. (AP) | A former Alabama judge was cleared Monday of charges that he spanked and sexually abused male inmates.

Former Mobile County Circuit Judge Herman Thomas was found not guilty on seven counts after more than a week of testimony. Judge Claud Neilson threw out the remaining 14 charges.

Mr. Thomas, 48, wept and hugged his wife and supporters after the judge threw out the remaining charges. He left court without comment. As he left, one supporter threw her hands in the air and shouted, “Thank you, Jesus.” Other supporters gathered in a circle to pray.



Defense attorneys had painted Mr. Thomas as a prominent civic leader who became a victim of felons who lied about him to manipulate the court system.

Prosecutors said Mr. Thomas brought 11 young male inmates to a private courthouse office and severely paddled their bare bottoms for sexual gratification. Some of the inmates testified they had sexual contact with the judge.

Defense attorney Jeff Deen said Judge Neilson’s decision to toss the remaining charges was not surprising because the jurors had acquitted Mr. Thomas on every charge where they could reach a unanimous decision.

Mr. Deen said Mr. Thomas’ next goal is to regain his law license, which has been suspended by the Alabama State Bar. That could take months, Mr. Deen said.

District Attorney John Tyson said, “We are extremely disappointed. We worked very hard in this case and we did what we thought was the right thing.” He said it was a difficult case because young men with criminal records were testifying against a well-known community leader, and the jury verdict reflected that.

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“We went with the people we had,” he said.

Carol Meeks of Mobile, a Thomas supporter who sat through the three-week trial, said she agreed with defense attorneys that Mr. Thomas was targeted by lying felons. “He’s a very good man, and he’s done a lot for this community. We need more people like him who look out for young people in our community,” she said.

The jury of seven women and five men heard seven days of testimony before beginning deliberations late Thursday afternoon over charges of sex abuse, second-degree assault, sodomy and attempted sodomy.

Before the trial, prosecutors indicated that other inmates had been spanked, but were not included in the charges against the judge. Mr. Tyson said he has no plans to try to bring additional charges involving other young inmates.

Judge Neilson said he threw out charges of second-degree assault because the assault must be committed with a dangerous weapon or instrument. “The use of a paddle or belt in this case is not a dangerous weapon,” he said.

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He said prosecutors lacked evidence to support the sex abuse and attempted sodomy charges.

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