Birmingham Criminal Defense Blog

Birmingham Criminal News: Two Alabama Men Arrested for Posing as Private Detectives; Accused of Extortion

Steven Eversole — Wed, 03 Mar 2010 10:27:21 -0600

As a Birmingham criminal defense attorney, I have seen a wide of criminal indictments for crimes ranging from drug manufacturing and computer fraud to assault and murder. If there is one thing I am certain of, that is every citizen’s right to a fair criminal trail and to be considered innocent until proven guilty.

Just last month, two men from Lauderdale County, AL, were charged with extorting money from individuals in northern Alabama. According to news articles, the two posed on numerous occasions as private investigators using their false personas as a way to get money from their alleged victims.

The two men are reportedly both from Florence, Alabama. According to reports, 44-year-old Mark Douglas Wilson and 47-year-old Gregory Jones Harrison were charged with second-degree extortion by law enforcement authorities -- this is a Class C felony and punishable by up to 10 years in prison following a conviction. The recent arrests came following allegations against the two and a subsequent probe by the Alabama Bureau of Investigation.

Officials at the ABI allege that Harrison and Wilson presented themselves as private investigators working under contract with the ABI to conduct investigations into criminal activities. The two men are accused of attempting to extort large sums of money from the various individuals they had targeted.

According to information provided by the ABI, the suspects apparently explained to the victims that their names were included on a list of persons involved in criminal activity and that they would be arrested in an upcoming roundup by law enforcement. The extortion came in the form of promises to remove those person’s names from the fictitious list in exchange for certain payments.

Investigation into the alleged extortion arrangement commenced after the ABI was contacted by a local businessman who said he had been approached by Harrison and Wilson. The investigation reportedly lasted a little more than one week. Following the arrest the two suspects were placed in the Lauderdale County Detention Center until they were released on bail of $1,000 each.

Two local men charged with extortion, TimesDaily.com, January 23, 2010

Birmingham Crime News: DeKalb County Man Accused of Porn Video Production Loses Last Alabama Criminal Appeal

Steven Eversole — Wed, 24 Feb 2010 10:08:52 -0600

Across the state of Alabama, in towns and cities like Hoover, Phenix City, Huntsville and Dothan, individuals are arrested daily for crimes such as assault, theft, drug possession and criminal sexual behavior. As a Birmingham criminal defense lawyer, I understand the circumstances that can get a person caught up in the legal system. State and federal crimes can result in criminal convictions and lengthy jail and prison sentences.

It happens all of the time in this state and the appeals process can be critical in avoiding a life-altering conviction. Recently, the Alabama Supreme Court refused a final appeal by a DeKalb County man who was arrested for producing pornographic videos of juveniles at a business he once owned. He was convicted in 1990 and sentenced to four consecutive life terms.

According to news reports, 66-year-old David Lawrence Poole, who is currently serving his sentence at the Limestone Correctional Facility, had his final appeal denied without comment by this state’s highest court.

Based on new articles, the former owner of the Rainsville skating rink was arrested in 1989 at his DeKalb County home following complaints of a hidden camera located in a heating duct grille in the rink’s bathroom. A police investigation not only uncovered the video equipment, but by tracing the coaxial cable running from the camera to the suspect’s trailer parked next to the facility, law enforcement officials also found a cache of pornographic tapes.

Prior to this latest and apparently final attempt to appeal a guilty verdict, Poole had gone before the Alabama Court of Criminal Appeals last October. The result of that last appeal was a rejection by the court to hear Poole's case.

Eight years ago, Poole petitioned the Court of Criminal Appeals claiming that he was prosecuted in violation of search warrant laws and that the indictment was flawed. The original charges included four counts of producing obscene matter depicting persons under 17 years of age involved in obscene acts. According to reports, Poole later pleaded guilty to a fifth count.

Poole was arrested after a video camera was found behind a vent grille in the ceiling of the men's room at the skating rink he operated in 1989. A coaxial cable ran from the camera to Poole's trailer next to the rink.

Producer of porn tapes loses final state appeal, AL.com, January 15, 2010

Birmingham Criminal News: Defense in Homicide Case Claims Fatal Shooting Death of Policeman was Alcohol-related

Steven Eversole — Wed, 17 Feb 2010 10:52:22 -0600

As an Birmingham criminal defense attorney, I have the experience to aggressively defend individuals accused of various crimes ranging from petty theft to grand larceny and domestic violence to murder in the first degree. The innocence of defendants in a criminal trial is assumed until a conviction by a jury of their peers. No matter where you live -- Tuscaloosa, Decatur, Madison, Prattville or anywhere else in Alabama -- a jury may acquit a person arrested for a crime if the evidence gathered by the police is lacking, however in the case of some offenses the facts can be quite damning.

The trial of a man accused of fatally shooting a Huntsville police officer has seen some interesting defense tactics. According to recent news articles, Kenneth Shipp was arrested following the shooting death of Officer Eric Freeman in late 2007. The defendant’s criminal lawyer reminded jurors their job was determine whether or not Freeman's death was a result of Shipp’s intention to kill the officer, or simply a tragic result of the defendant’s reported drunkenness that evening.

According to court reports, Shipp was not only intoxicated that night, but was also under the influence of pharmaceutical drugs, which has apparently been established as fact in the case.

This is a serious situation for the defendant, who faces a capital murder charge for killing a police officer in the line of duty. In fact, the prosecution had at the time for the article stated that it would seek the death penalty if the 55-year-old man is convicted.

Based on reports, the shooting incident occurred on December 14, 2007, following what has been described as a simple investigation of a possible DUI traffic accident at Bailey Cove and Weatherly roads. However, that routine drunk driving traffic stop ended moments later when Shipp allegedly shot Officer Freeman at point-blank range with a small .22-caliber pistol.

Police reports show that Shipp shot Freeman as he and another officer, Kevin Lambert, were escorting Shipp to a patrol car to wait for a DUI investigator. When a third officer arrived, he found Lambert, Shipp and another man, a former police officer, wrestling on the ground and trying to get the gun away from Shipp.

Court records indicate that other officers arriving at the scene hear the defendant yelling that he had a bomb and demanding that they shoot and kill him. Based on news reports, Shipp’s defense team questioned whether the defendant’s behavior was consistent with intoxication. In Alabama intoxication is not a defense in and of itself. But it can sometimes be used as a defense if someone is so intoxicated that they suffer from mania and clearly don't know what they are doing.

Defense focus: Shipp intoxication, AL.com, February 02, 2010

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Birmingham Criminal Defense Lawyer News: Former Alabama Policeman Convicted of Raping Minor Stepdaughter in Mobile County

Steven Eversole — Wed, 10 Feb 2010 10:11:05 -0600

It’s tragic when a police officer, a person charged with upholding our laws, is found to have violated the public’s trust by committing a criminal offense. Further, when any officer of the court is convicted of any crime, it hurts all of us deeply. As a Birmingham criminal defense attorney, I am committed to representing individuals who as accused of crimes in Alabama, whatever that may be -- petty theft, methamphetamine manufacture, drug trafficking or sex crimes, to name a few.

Crimes involving criminal sexual behavior are particularly heinous. If committed by a law enforcement officer they become especially tragic and shocking. In a recent court case in Mobile County, a former Chickasaw, AL, policeman has been convicted of sexual assault and rape of a female family member. Sadly, the victim died in a traffic accident two years previous.

According to the news, 51-year-old Bob Ingle was convicted of the 2006 rape of his then 10-year-old stepdaughter, Rebecca McEvoy. The prosecution’s case was naturally complicated by McEvoy’s untimely death in January 2008. Ingle’s criminal defense attorney had argued that McEvoy’s death had made it impossible for Ingle to cross-examine his accuser, which is a basic right in our modern court system.

Regardless of the defense’s comments, the trial went ahead and Ingle was found guilty on several charges of sex abuse, rape and sodomy. After months of delays, the Mobile County jury convicted the former police officer on January 27 of raping his stepdaughter. Deliberations lasted less than two hours, after which Circuit Judge Michael Youngpeter ordered the Ingle to be electronically monitored while on bail awaiting sentencing on February 25.

According to reports, McEvoy first accused Ingle of sexually abusing her in 2006. Although the victim had died, the judge ruled that any statements she made to police could not be heard by the jury however other statements she may have made to friends, family and medical personnel would be admissible.

First-degree rape and sodomy are punishable by 10 years to life in prison. Sexual abuse of a child younger than 12 is punishable by up to 20 years in prison.

Former Chickasaw police officer convicted of raping 10-year-old stepdaughter, AL.com, January 27, 2010

Former policeman convicted in stepdaughter’s rape, AL.com, January 28, 2010

Birmingham Criminal Defense News: Mobile Teacher Arrested for Child Sex Abuse in Baldwin County, Alabama

Steven Eversole — Wed, 03 Feb 2010 10:21:40 -0600

Being accused, or worse, convicted of a sex crime can ruin a person’s life. Police and law enforcement agencies throughout Alabama regularly arrest individuals for a range of offense related to criminal sexual behavior. From Mobile and Birmingham to Huntsville and Tuscaloosa, child pornography (also referred to as kiddy porn), sexual assault, rape and other crimes of a sexual nature are some of the most stigmatized offenses recognized by the public. Defending against charges such as these takes experience and knowledge of our vast legal system.

As a Birmingham criminal defense lawyer, I have represented many individuals accused of various offenses, including sex crimes, white-collar crime and drug possession and manufacture. Every one of the cases I handle has one thing in common: the prosecution must prove guilt beyond a reasonable doubt. Because citizen is guaranteed that he or she is considered innocent until proven guilty, this is a guiding principle behind out system of laws.

According to a recent news article, a Causey Middle School teacher was arrested in January on child sex abuse charges. Based on police reports, a Mobile County school official revealed that Charles Milton Lewis, Jr. had previously been accused of exposing himself to a Causey student. The accusation was apparently not proven and therefore was not included in the teacher's personnel file, according to the school system.

Lewis, as 50-year-old a science and reading teacher at Causey, was jailed on January 12 in Baldwin County on charges of sexual abuse of a child under age 12 and contributing to the delinquency of a minor, according to the sheriff's department. At the time of the news report, the man was being held in the Baldwin County Corrections Center.

According to reports, Lewis is accused of exposing himself as well as fondling a nine-year-old boy who spent an evening at the teacher’s home in July of last year. Reportedly an acquaintance of Lewis, the boy is not a student at Causey, according to a spokesperson for the Mobile County school system.

School system officials have stated that Lewis' personnel file in the system's human resources department contains no reported instances of any inappropriate behavior. According to reports, however, the accusation of sexual misconduct came to light in the form of a formal letter of complaint to the school system last fall.

However, according to a school spokesperson, the letter was not placed in Lewis’ personnel file because the central office “gets complaint letters all the time and the allegations were unsubstantiated.” School policy prohibits filing anything in personnel files that is not substantiated.

Lewis has been on paid administrative leave since January 6, following an arrest for drunken driving two days earlier. According to reports, he was involved in an early morning crash on January 4 in Baldwin County. Police say that his blood alcohol content was 0.11 percent at the time of the crash.

Teacher in sex abuse case exposed himself to Causey school student, complaint claims, AL.com, January 15, 2010

Investigation of Mobile teacher deepens, Fox10TV.com, January 14, 2010

Alabama Supreme Court Issues Stay of Execution for Man Convicted of 1994 Triple Murder in East Gadsden

Steven Eversole — Wed, 27 Jan 2010 10:57:36 -0600

Alabama’s Supreme Court recently issued a stay of execution for a convicted murderer. According to a news report, the stay was granted at the request of Robert Bryant Melson, who received a death sentence in the robbery-murder of three employees of an East Gadsden Popeye’s Chicken and Biscuit restaurant in 1994. As a Birmingham criminal defense lawyer, I have the experience to represent individuals charged with crimes such as grand larceny, assault and murder or manslaughter.

Being an Alabama criminal attorney, I hold that every person accused of a violent crime or other criminal offense is innocent until proven guilty by a court of law. This is everyone’s constitutional right and I adhere to this important rule of law. According to the news article, the execution was to be held on February 18, but has now been delayed to await the outcome of a case being considered by the United States Supreme Court.

The 38-year-old Melson was originally convicted for the slayings of restaurant employees Nathaniel Baker, 17, Tamika Collins, 18, and Darrell Collier, 23. According to reports, a fourth employee, Bryant Archer, was the only survivor of the shootings when Melson and an accomplice, Cuhuatemoc Hinricy Peraita, robbed the restaurant in April 15 of that year. Based on court records of the incident, Archer was also shot during the robbery but survived the ordeal.

Melson’s stay was granted by the Alabama Supreme Court at Melson's request so that he and his attorney could to hear the outcome of a Florida case that is currently being considered by the U.S. Supreme Court. That case reportedly involves an issue similar to Melson's case, which revolves around whether petitions were filed in a timely manner.

This stay would appear to be Melson’s last chance, since records indicate that he exhausted his final appeal last October when it was denied by the U.S. Supreme Court.

Alabama Supreme Court stays Melson's execution, GadsdenTimes.com, January 27, 2010

Birmingham Criminal Defense Lawyer Update: Lawrence County, AL, Establishes Sex Crimes Special Victims Unit (SVU)

Steven Eversole — Wed, 20 Jan 2010 10:09:43 -0600

Alabama’s Lawrence County has created a special victims unit (SVU) to specifically handle sex crimes in the area. Police regularly arrest individuals charged with criminal sexual behavior. Some, if not many, of these people are innocent. In Birmingham, Tuscaloosa, Huntsville, Mobile and all other municipalities throughout Alabama, everyone is considered innocent of a crime until proven guilty by a jury of their peers.

As a Birmingham criminal defense attorney, my job is to defend accused sex offenders in court. The latest move by law enforcement will most likely bring more arrests and indictments upon residents and other individuals in Lawrence County. According to reports, this new SVU department is expected to enhance the law enforcement activities of the Lawrence County Sheriffs Department.

In an effort to put more emphasis on sex crimes and crimes against children, the Alabama Department of Economic and Community Affairs is financing the new special victims unit. According to news reports, the unit will have two specialized investigators, both charged with investigating crimes and working within the local school system and also promoting a variety of community awareness programs.

Crimes and other areas of law enforcement to be handled by the new unit, which will be part of the department's criminal investigations division, will include domestic violence, sexual crimes and child abuse. There will be two specially trained investigators working in the unit. According to reports, the Lawrence County Sheriff’s Department has always had a “heavy volume” of sexual crimes and crimes against children, which is one of the reasons for the county forming this new unit.

The sheriff’s department said that the two investigators will also register and monitor all sex offenders. These two SVU deputies have already been closely involved with investigations involving children because they are members of the Lawrence County Drug Endangered Children Program.

Special victims unit to focus on sex crimes, TimesDaily.com, November 6, 2009

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Birmingham, AL, Criminal Defense News: Elmore County Schools Increase Security to Protect Kids against Pedophiles

Steven Eversole — Wed, 13 Jan 2010 10:55:34 -0600

In Birmingham, Mobile, Huntsville or other Alabama cities, criminal sexual behavior takes many forms. Pedophilia is one area of sex crimes that society and law enforcement fight hard to control. An individual accused of being a sexual predator has an uphill battle to start with, but a conviction for this type of behavior will affect a person for the rest of his or her life. As a Birmingham criminal defense lawyer, I have represented numerous people arrested for sexually-based offenses, as well as other crimes, such as theft, drugs and assualt.

A recent news article pointed up the lengths that communities will go to protect their children from pedophiles. According to reports, Redland Elementary School has initiated a pilot security program with which the administrators can perform a background check on any person visiting the school by scanning the person’s driver’s license before issuing a pass to that individual.

The program is designed to protect the elementary school children against registered sex offenders, namely pedophiles. Said one law enforcement official, “A school is a candy store for pedophiles and we don’t want them shopping here.”

The system being tested at Redland Elementary is part of a visitor verification and sex offender checking system. Redland is reportedly serving as the pilot program for “QUICK ACCESS,” a Web-based system that alerts school officials if a known sex offender attempts to gain access to the school.

Pedophiles are typically prohibited by law to live or approach within a certain radius of a school. This latest system is apparently designed to root out those individuals who are currently in the sex offender database and who violate state law requiring sex offenders to stay away from areas with a high density of children, such as elementary schools and other educational facilities.

The equipment used in Redford Elementary School reportedly cost about $900. It includes a camera and a scanning/printing device. According to the article, a school staff member simply scans the visitor’s Alabama driver’s license, or types in the visitor’s name. So long as the individual is not on the sex offender database, the machine then prints out a visitor’s badge including a bar code. The system also records when visitors arrive and when they leave the school.

Security program piloted at Redland, thewetumpkaherald.com, December 4, 2009

Alabama Criminal Defense News: Mobile Mans Faces Murder Charge in DUI Traffic Accident Case

Steven Eversole — Wed, 06 Jan 2010 10:33:59 -0600

Being charged with the traffic death of another individual in Alabama can be a terribly stressful situation for most anyone. As a criminal defense lawyer who has defended numerous people accused of crimes in Birmingham and other parts of the state, I know that when a traffic fatality results in a murder charge, it tops the list of serious crimes. This is when you need a competent and experienced criminal lawyer to handle your case.

A recent case being brought before a local court has put a Mobile man in the defendant’s chair. According to news articles, Leon Joseph Smith was charged with murder in the drunk driving-related death of a 20-year-old motorcycle rider in 2008. Based on reports, Christopher Willis was killed on September 27, 2008, when his motorcycle slammed into Smith's car, which allegedly turned in front of the motorcycle.

Although police say that Smith was drunk at the time, the man’s defense attorney has pointed out that Willis was speeding at the time of the collision -- his bike was reportedly traveling in excess of 70mph. Police reports indicate that Willis had been dining at a local restaurant earlier in the afternoon and was headed to a friend's home to watch a football game when the crash occurred.

According to police, Smith had a blood-alcohol content (BAC) four times the legal limit in Alabama. Smith, 64, was cited for the crash that instantly killed Willis on Hillcrest Road around 4pm on a Saturday afternoon.

Emergency medical technicians responding to the accident reportedly saw Smith, who refused medical treatment, gargling mouthwash at the scene. The driver declined to take any field sobriety tests, and was subsequently arrested by the police.

News reports show that a later test revealed Smith's blood-alcohol level to be "at least" 0.365 percent.Prosecutors maintain that Smith, being drunk, showed a "reckless indifference for other people on the roadway."Alabama law allows for drivers to be charged with manslaughter or murder if they cause a fatal accident while driving under the influence.

Mobile man faces murder charge for traffic wreck, AL.com, December 08, 2009

Birmingham Criminal Defense News: Alabama College Professor Accused of Sexual Abuse in Dothan

Steven Eversole — Wed, 30 Dec 2009 10:27:13 -0600

In Alabama, criminal sexual behavior is a type of crime that gets a high level of attention, not only from law enforcement but also from the public. The negative reaction that most people have to news stories depicting sex crimes is an example of the devastating potential of being accused or arrested of sexual assault, pedophilia or any number of sexually-based offenses. As a Birmingham criminal defense lawyer, my office is capable of handling cases of individuals allegedly involved in these and other crimes.

A recent news story talked about a Troy University professor who was arrested for alleged sex abuse of a young woman at his business office in Dothan, AL. According to authorities, police investigators arrested 62-year-old Ronald Phillip Bae of Cottonwood, Alabama, who was reportedly charged with felony first-degree sex abuse. The arrest came after an investigation into allegations that the man had inappropriate sexual contact with a 21-year-old woman.

In an odd coincidence, new articles say that Bae is a 23-year employee at Troy University who currently serves as a professor of criminal justice, this according to the Troy University Dothan website. The site also indicates that Bae earned his doctorate from the University of Southern Mississippi, and undergraduate degrees from the University of Evansville in Indiana.

Reports show that Bae was taken to the Dothan City Jail and held on a $15,000 bond. At the time of the news article, Bae was scheduled to be transferred to the Houston County Jail.

According to Dothan Police Capt. Steve Parrish, supervisor of the criminal investigation division, the alleged sex abuse crime occurred at an office that Bae has in downtown Dothan. News reports indicate that Bae runs a separate business -- located on North Oates Street -- called Bae Polygraph & Hypnosis Center. He reportedly is a member of the Georgia, Florida and Alabama polygraph associations.

Crime Courts Troy University professor charged with sex abuse, DothanEagle.com, November 5, 2009

Birmingham Criminal Defense News: Franklin County, AL, Grand Jury Indictments

Steven Eversole — Wed, 23 Dec 2009 10:14:28 -0600

Being an experienced Birmingham criminal defense attorney, I have the knowledge and skills to represent Alabama residents and other persons accused of committing crimes by the law enforcement agencies of this state. These criminal acts can include theft, larceny, assault, drug possession, criminal sexual behavior, murder and other crimes. As an Alabama criminal lawyer, I do believe that an individual is innocent until proven guilty in a court of law. That’s something nobody can take away because it’s a Constitutional protection granted to everyone in the United States.

Recently, a Franklin County grand jury handed down a number of indictments for a variety of crimes. Many of these individuals will claim that they were unjustly accused. A trial will be held to determine the guilt or innocence of each person. Here is a selection of those indictments:

Aaron Andrew Adams, 22, Vina -- third-degree robbery
Sarah Marie Beasley, 25, Haleyville -- possession of a controlled substance and drug paraphernalia
Andrew Eric Bryant, 19, Haleyville -- seven counts of fraudulent use of a credit card
Harold Clayton Bryant, 44, Russellville -- possession of drug paraphernalia and attempting to manufacture a controlled substance
Richard Henry Fisher, 25, Red Bay -- second-degree attempting to manufacture a controlled substance, contributing to truancy and third-degree theft of property
Tyler Blake Garrison, 18, Russellville -- four counts of third-degree burglary, three counts of second-degree theft of property and one count of attempted theft of property
Guillermo Castro Gutierrez, 19, Russellville -- second-degree criminal possession of a forged instrument, first-degree identity theft and second-degree forgery
Jason Anthony Hacker, 25, Vina -- third-degree burglary, third-degree criminal mischief, unlawful breaking and entering a motor vehicle and five counts of third-degree theft of property
Donnell Lee Harris, 44, Sheffield -- third-degree burglary and second-degree theft of property
Ryan Bonds Hester, 29, Phil Campbell -- possession of a controlled substance, possession of drug paraphernalia and two counts of domestic violence third-degree assault
Rafe Hollander, 23, Russellville -- violation of the community notification act as a sex offender
Dana L. Johnson, 35, Haleyville -- possession of a controlled substance and unlawful possession of drug paraphernalia
Anthony Wayne Lane, 28, Russellville -- second-degree receiving stolen property, third-degree assault, third-degree burglary and third-degree theft of property
Hector Ortiz, 25, Fayette -- second-degree forgery, leaving the scene of an accident, public intoxication, resisting arrest and obstructing justice by giving false identification
Carey Renea Peters, 32, Vina -- second-degree theft of property, violation of protective services, attempting to possess a controlled substance and possession of drug paraphernalia
Joseph Thomas Postell, 20, Harvest -- second-degree escape
Cody James Simpson, 20, Florence -- first-degree theft of property and third-degree burglary
Erskin L. Spearman, 33, Jasper -- public intoxication, second-degree possession of marijuana, carrying a pistol without a permit and certain persons prohibited from carrying a firearm
Robert Duncan Strickland, 19, Red Bay -- possession of drug paraphernalia and contributing to truancy
Tilena Ann Watson, 36, Red Bay -- second-degree manufacturing of a controlled substance
Roger Lee West, 28, Mount Hope -- second-degree forgery
David Leeander Whitman, 30, Phil Campbell -- first-degree theft of property

Franklin County grand jury, TimesDaily.com, November 26, 2009

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Birmingham Criminal News: Northern Alabama Saw Property Crime Rate Increase in 2008

Steven Eversole — Wed, 16 Dec 2009 10:54:25 -0600

The poor economy apparently hasn't increased the nation's crime rate, but Alabama's continues to rise. According to the Federal Bureau of Investigation (FBI), crime nationwide dropped last year, but not in Northern Alabama. Here in Birmingham, where I maintain my criminal defense practice, I find that a percentage of individuals accused of property and theft crimes do so because of money problems; some are falsely accused.Crime in Montgomery, Tuscaloosa, Mobile and elsewhere seems to have gotten worse. Burglary and motor vehicle thefts are property crimes.

A recent news article reported that law enforcement officials were not surprised about the latest statistics from the FBI. However, police aren’t particularly happy hearing that property crime in Northwest Alabama increased in 2008. Statistics from the Alabama Criminal Justice Information Center's 2008 Crime in Alabama report indicate there were 181,434 property crimes in 2008, compared to 174,802 in 2007 and 164,810 in 2006.

By contrast, the FBI’s report shows that nationwide there were 9.7 million property crimes reported in 2008, about 0.8 percent lower than the 9.8 million reported in 2007.

Tuscumbia Police Chief Tony Logan said the economy has always dictated crime. "With unemployment the highest it's been in years, there are people who are stealing," Logan said. "And with an increasing drug problem and methamphetamine problem, there is more stealing to support that habit; we've all seen an increase in that."

Tuscumbia was the only city Northern Alabama’s five largest cities to see a decline in thefts. There were 161 thefts reported in 2008, compared to 191 in 2007. But Logan said he's worried that the impact of high unemployment will play a bigger role in thefts and burglaries in 2009 than in 2008.

With poor economy, law enforcement officials aren’t surprised, TimesDaily.con, September 27, 2009

Former Alabama School Teacher to Plead Guilty to Child Pornography Charges in Mobile Courtroom

Steven Eversole — Wed, 09 Dec 2009 10:10:27 -0600

A Chickasaw, AL, woman was expected to plead guilty to child porn charges after she allegedly drugged two youngsters prior to a sexual encounter with an adult male. As a Birmingham criminal defense lawyer, I know the value of having a qualified legal professional by your side in serious criminal cases like this one. In this particular instance, the defendant reportedly has a history of mental illness, which may be a mitigating factor during sentencing.

According to news reports, 30-year-old Melissa B. Gray was charged by local authorities with drugging two children for sex and was, at the time of the report, expected to make a blind plea to a child porn charge in a Mobile, Alabama, court.

The Chickasaw resident supposedly drugged the two minor as a prelude to a planned sexual encounter with a man she met online. Her possible guilty plea to charges of child pornography was based on documents filed in court by her attorney at the time of the news article.

According to an affidavit filed earlier this year by the Alabama Bureau of Investigation, Jonathan Daniel Bervig from Milton, FL, met Gray over the Internet and began swapping child pornography with her. The affidavit claims that Bervig told investigators in January that he arranged to drive to Gray's house to have sex with a young relative of hers and another child, both of whom would be drugged so as not to resist. However, Bervig said that when he arrived the children were still awake and alert so he left.

According to reports, an undercover investigator, who posed as Bervig, later sent instant messages to Gray, who tried again to set up a sexual liaison. Law enforcement officers went to Gray's home on January 6 and found a prescription for Percocet, a painkiller that can cause drowsiness and confusion. At that time, officers tried unsuccessfully to awaken a seven-year-old boy at the home before taking him to a hospital.

Local police and other law enforcement officials found a computer at Grey’s home with dozens of images of child pornography, as well as incest stories involving young boys, according to investigators.

At the time of the news article, Gray was expected to enter a "blind plea" to possession and distribution of child pornography charges, meaning that she would get no promise of a lenient sentencing recommendation from federal prosecutors in Mobile. The defendant, a former schoolteacher, faces a mandatory minimum sentence of five years in prison. According to reports, the worst-case scenario for her would be just over 12 years, based on advisory sentencing guidelines. U.S. District Judge Kristi DuBose was slated to make the final decision.

Drugging children for sex suspect to make blind plea to child porn charge, AL.com, September 17, 2009

Alabama Man Goes to Jail for Attempting to have Sex with a Minor Child

Steven Eversole — Wed, 02 Dec 2009 10:16:20 -0600

A Robertsdale, AL, man has been sentenced to 16 years in prison for trying to have sex with a 14-year-old boy across state lines. According to news reports, David Allen Girard, was arrested and charged with for using a computer facility to lure a minor child to engage in sexual activity. Police said that the man had a previous conviction in Alabama for the possession of child pornography and is a registered sex offender in this state.

Authorities had alleged that the 53-year-old Alabama man chatted with the victim on a web site called “gay.com” in what appears to have been a sting operation to catch sexual predators. As a Birmingham criminal defense lawyer, I have the ability to represent individuals charged with criminal sexual behavior such as this man was.

According to reports, the defendant had apparently arranged to meet the youngster in Pensacola, FL, for the purpose of having sexual relations with him. Driving from his residence in Alabama to Florida, Girard found that the “14-year-old-boy” was actually a fictitious person created by a group of local law enforcement officers working in an undercover Internet sting operation.

Following the out-of-state arrest, the man was taken into custody. Police reportedly found on his person condoms and personal lubrication. A U.S. district judge sentenced Girard to 195 months in federal prison to be followed by a life time term of supervised release.

For anyone who thinks that sex crimes are not serious offenses, this story shows that the penalties can be harsh and remain with a person for their entire life. Because of this, it is always wise to seek the services of a qualified criminal defense attorney who has experience defending individuals accused of criminal sexual behavior.

Alabama man sentenced for trying to have sex with a minor, SRPressGazette.com, October 13, 2009

Huntsville, AL, Bank Employee Indicted for $500,000 SouthBank Theft

Steven Eversole — Wed, 25 Nov 2009 10:17:46 -0600

White collar crime in Alabama can range from petty theft to embezzlement to Internet fraud. Hard economic times can cause people to attempt crimes like these, or they can become embroiled in a difficult situation with seemingly no way out. As a Birmingham criminal defense lawyer, I know that many people accused of a particular crime feel they are not guilty. I also know that some people who may have committed a criminal act did so under heavy emotional or financial pressure.

While what happened may seem clear cut, there are usually extenuating circumstances that as defense attorneys we must explain to a jury so they can make an informed decision on the guilt or innocence of a defendant. A recent news article pointed out one kind of crime that may be more common than people imagine. A former SouthBank employee has reportedly been indicted for allegedly stealing more than a half-million dollars from that financial institution.

The defendant, a 48-year-old Huntsville woman, was recently indicted on charges she stole more than $500,000 over a five-year period while she was employed by SouthBank. Keleste Sherrill is a former assistant manager at the bank's Jefferson Street branch. She was charged with bank fraud after having allegedly stolen money from the bank's vault and ATM machines between January 2004 and August 2009. Bank management estimates the total amount at $533,000.

According to reports, SouthBank President Art Freeman said bank officials discovered an irregularity on a Friday afternoon last August. After completing an internal investigation the following Monday, bank officials confronted Sherrill as she arrived at work and described what they had found. Freeman said the woman was cooperative.

The Huntsville prosecutor’s office alleges that Sherrill used ATM ledgers and avoided bank cameras as a part of the scheme, according to the indictment. This initial indictment is just the first phase in the process of criminal prosecution. If convicted, the woman could be looking at up to 30 years in prison and may even have to pay $1 million in fines.

Former SouthBank employee indicted in $500K Huntsville bank theft, AL.com, September 30, 2009

Lawyer from Dothan, Alabama, Charged with Child Porn in Houston County

Steven Eversole — Wed, 18 Nov 2009 10:43:07 -0600

It’s a shame when a representative of the court is charged with a crime. Of course, any person accused of a criminal act, such as child pornography or criminal sexual behavior, is always considered innocent until proven guilty. However, to have the charges brought forth in the first place can truly be an embarrassment to the individual and their profession. As a Birmingham criminal defense lawyer, I can empathize with this defendant and only hope that justice will be served quickly and with an even hand.

According to news reports, a Dothan attorney is facing multiple child pornography charges. His legal representative had recently asked the court for litigation expenses, including money to pay for a computer expert. The attorney handling Randy Carroll Brackin’s child porn case told the Houston County Courthouse that his client would be submitting an affidavit of indigency, declaring he could not afford to retain an attorney.

The case stems from a February 5 arrest in which Houston County Sheriff’s investigators took the 62-year-old Brackin into custody, charging him with 11 felony counts of possession of child pornography or obscene material. If convicted, the man faces one to 10 years in prison for each of the class C felony crimes.

According to police reports, deputies seized evidence related to the case from five different locations, including Brackin’s office, home, a female friend’s home, a storage facility and his mother’s home. Some of the images found on computers included pictures of some sexual acts and nudity. The children depicted in the pictures were under the age of 12, authorities claimed.

Because Brackin has served as an attorney in Houston County and appeared before numerous judges in that locality, a judge from Dale County, Circuit Court Judge P.B. McLauchlin, Jr., was brought in to preside over the case. The judge has set a tentative trial date for Brackin’s case for early 2010. As a result of the criminal charges, Brackin’s license to practice law was suspended earlier this year.

The defense had asked for bond requirements to be loosened, saying that Judge Lawson Little had already withdrawn the requirement that Brackin wear an electronic ankle bracelet while out on bond. Brackin’s attorney said some of the remaining restrictions included that his client live with his mother, that he call Houston County dispatch anytime he wants to leave the house and that he cannot leave Houston County or the state of Alabama.

Dothan attorney facing child porn charges claims indigency, DothanEagle.com, September 24, 2009

Alabama Sex Crime News: Teenager Faces Child Pornography Charges for Distributing "Sexting" Images

Steven Eversole — Wed, 11 Nov 2009 17:30:37 -0600

Everyday we see instances where the law doesn’t reflect the capabilities and extent of technology. This appears to be the case in Alabama and other states with frequent instances of young people, teenagers and preteens, being accused of criminal sexual behavior. As a criminal defense lawyer in the Birmingham area, I have defended numerous clients who have been accused of crimes such as drug possession, theft, sexual abuse, and pornography, just to name a few.

The newest use for smart phones (mainly by youngsters) seems to be causing a great deal of trouble. “Sexting,” or sending lewd and sexually explicit photos of oneself to friends via cell phone, has gotten a bunch of kids in trouble with local authorities. One particular case caught my eye and points to a possible flurry of court cases that may occur in the future.

According to news reports, there's an uproar in Wisconsin due to a local 14-year-old boy who is now facing child porn charges. The Milwaukee police say the boy threatened to spread rumors about the girls he targeted if they didn't send him nude and semi-nude pictures -- which they did.

Local authorities claim they found 80 images from several girls on the 14-year-old's cell phone. And one nude snapshot of a girl was found on hundreds of phones. To most parents, this will seem horrendous, but is it a crime worthy of child pornography charges?

The girls whose photos have been distributed were aged between 13 and 15 years old when they sent the photos. Investigators have not yet identified all of them.

Milwaukee police claim that the 14-year-old’s exchanging of sexually explicit photos with other kids is a simple case of child porn, and not the more common sexting that people are hearing more about. Based on news reports, investigators have also seized computers belonging to a group believed to have begun the forwarding.

While one can wonder what drove this 14-year-old to do what he did, the real question is whether or not it was innocent curiosity or truly a criminal act. The problem is that the police are attempting to apply a law that never envisioned this kind of behavior, not to mention the technology that makes it all possible.

Whether this becomes a serious case for that 14-year-old in Wisconsin has yet to be determined. But one thing is for certain, parents must keep a close and eye on their kids as possible. Talk to them and find out as much as you can about their friends and what they do with their free time. Even when we try our best as parents, kids don’t always act responsibly and they do get into trouble.

My job as a criminal defense attorney is to defend those accused of serious crimes. Occasionally, a youngster will get caught up in an adult’s world and run afoul of the law. That’s when I recommend retaining the services of a qualified attorney to help you and your child avoid a life-changing criminal conviction.

14-year-old faces kiddie porn charges for sexting nude photos of classmates, Examiner.com, October 15

Former Alabama Circuit Judge Acquitted of Sex Crimes against Inmates in Mobile, AL

Steven Eversole — Wed, 04 Nov 2009 10:05:30 -0600

Lawyers, judges and law enforcement professionals all have a responsibility to uphold the laws of Alabama and the United States. But those who twist the law for their own purposes do a disservice to themselves and to society. As a Birmingham criminal defense lawyer, I was shocked by recent revelations regarding an Alabama judge who reportedly used his authority to allegedly commit sexual assaults on convicted criminals and jail inmates.

According to news articles, former Mobile County circuit court judge, Herman Thomas, was recently acquitted on a number of charges, which included sexual abuse, kidnapping, extortion and sodomy. The initial finding of the court seems to indicate that Thomas is not guilty, however many people may not be convinced. Regardless of the outcome, it was very unsettling for criminal attorneys such as me to hear of a respected judge being accused of this type of alleged activity.

The 48-year-old Thomas resigned from the bench in October 2007, just before he was scheduled to stand trial before the Alabama Court of the Judiciary on multiple ethics violations charges. The complaint, dismissed after Thomas' resignation, accused him of "extrajudiciary personal contact" with some defendants but does not refer to any sexual contact.

The Alabama State Bar suspended Thomas' law license in March following the first indictment. The latest indictment has the names of the alleged victims blacked out. Both it and the initial indictment reference Thomas allegedly forcing victims to expose their buttocks and striking them with a belt or paddle.

The March indictment charged Thomas with 57 counts, and a second indictment in August added more. At one point, Thomas faced 105 counts, according to court records. A judge apparently threw out some of them because the statute of limitations had expired.

According to reports, during Thomas' judgeship he had a storage room furnished like an office near his eighth-floor chamber at Mobile's Government Plaza. Several criminal defendants have alleged, in affidavits and in court, that Thomas asked to paddle their buttocks in the room, and some said he suggested sexual encounters there, according to newspaper articles.

Citing a state forensics report, the newspaper reported in April that a semen stain found on carpeting in the room matched one of the nine alleged victims from the first indictment.

As would be expected, all Mobile County circuit judges recused themselves from Thomas' case. According to reports, the Alabama Supreme Court appointed retired Marengo County Judge Claud Neilson to hear the case.

Alabama judge cleared of sex abuse with inmates, AL.com, October 26, 2009

Former judge goes on trial in sex-with-inmates case, CNN.com, October 8, 2009

Alabama Crime News: Mobile's Top 10 Fugitive Criminals

Steven Eversole — Wed, 28 Oct 2009 10:35:24 -0600

As an experienced Birmingham criminal defense lawyer, I have the skills to represent individuals charged with crimes ranging from petty theft to grand larceny, assault to murder. As an Alabama criminal attorney, I firmly believe that a person is innocent until proven guilty in a court of law -- it’s everyone’s constitutional right. I recently read a news account by the Press-Register detailing Mobile’s 10 most wanted suspects for various crimes.

According to that article, this list of fugitives includes individuals wanted in connection with murder, assault and robbery, among other offenses. One of the men on this list is a 17-year-old boy who has been charged with fatally shooting his cousin in a park in Theodore, AL. Another allegedly beat up a friend for keeping him from driving drunk.

In all cases, the city of Mobile considers these people fugitives from the law. According to the city’s chief of police, Phillip Garrett, they each have “committed serious felony crimes and owe a debt to society." Some of those individuals and their alleged crimes are included here:

Lamont Jermaine Fagan, 28 -- charged with murder in connection with the early-morning August 13 shooting death of Rickey Deloach in the Josephine Allen public housing community. Two other men are reportedly already in jail regarding this crime.
Markus Dewayne Lee, 17 -- accused of shooting his cousin, Blake Davis, at a park on Diamond Road in Theodore. The victim was reportedly trying to break up a fight when he was allegedly shot by Lee.
LaDerrick Kevon Davis, 29 -- named in five counts of unlawful breaking and entering a vehicle, authorities say he has active warrants charging possession of burglar's tools and possession of a controlled substance. The five auto break-ins of which Davis is accused allegedly took place in recent months at Chantilly's nightclub on Airport Boulevard.
Thomas Crooke, 23 -- charged with second-degree assault, accused of punching and kicking a friend who attempted to stop him from driving away from the Whiskey Night Club because he was drunk. The friend suffered a broken shoulder and nose, according to the warrant.
Willie Lionel Williams, 23, -- accused of first-degree robbery and second-degree assault after an individual was robbed and shot in the leg at the VIP Barber Shop on St. Stephens Road in June. Warrants also are on file against Williams for second-degree assault, first-degree burglary and first-degree possession of marijuana.

Mobile's 10 Most Wanted includes 2 murderers, 4 robbers and man who beat up, AL.com, September 10, 2009

Alabama Police Report Finding and Shutting Down Meth Labs in Hale and Pickens Counties

Steven Eversole — Wed, 21 Oct 2009 10:41:14 -0600

The economy has made things difficult for everyone. But one industry that tends to thrive in hard times is crime, either organized groups or individual criminals. Bank robbery, auto theft, white-collar crimes like embezzlement, and of course illicit drug manufacture and sales. In my years as an Alabama criminal defense lawyer, I have represented clients who have been accused of alleged drug possession, drug trafficking, manufacturing, illegal growing of marijuana, and meth lab operation, to name just a few.

Working in Birmingham, AL, I have also seen the growth of the meth industry as a way for some people to illegally make money in a down economy. Recent reports show that police have shut down two alleged meth labs in the West Alabama area.

According to police, raids in Hale and Pickens counties halted operation of what authorities sais were two separate methamphetamine labs. Four people were reportedly taken into custody, with police officials in both counties searching for additional suspects.

Pickens County Sheriff David Abston described one of the suspects, Christopher Wayne Kelly, 28, as a “serial burglar.” He is asking burglary victims in four West Alabama counties to report missing items. Kelly, a Tuscaloosa resident who had been staying at his grandfather’s camp house in Pickens County, was taken into custody on Sept. 1, according to the authorities.

The man was charged with third-degree burglary, second-degree theft, manufacturing a controlled substance, possession of a controlled substance, first-degree possession of marijuana and possession of drug paraphernalia. Kelly was placed in the Pickens County Jail on $541,500 bail.

According to reports, police searched Kelly’s residence and turned up a suspected methamphetamine lab, plus several items believed to have been stolen during a burglary in south Pickens County on August 31. Pickens County police believe that the suspect took similar items from hunting camps in Tuscaloosa, Greene, Sumter and Pickens counties.

Law enforcement officials are also looking for 33-year-old Christopher Scruggs, an associate of Kelly’s who has several warrants out for his arrest in Jefferson and Tuscaloosa counties.

In Hale County, officials charged three suspects with manufacturing methamphetamine. According to reports, Charles Tucker, 39, and his wife, Tina Tucker, 35, were taken into custody, along with 34-year-old Wade Johnson, at the Tucker’s Millwood Road residence in Greensboro. The bust was the result of an undercover investigation, which led authorities to the home where at least three suspected methamphetamine labs were in plain sight.

Police say that all three Hale County suspects face charges of trafficking methamphetamine, manufacturing methamphetamine, possession of methamphetamine, and unlawful possession of drug paraphernalia.

The undercover probe that identified the Tuckers as suspects also led to the identification of other suspects who sold drugs to agents of the 4th Judicial Drug and Violent Crime Task Force. Authorities said that warrants and indictments have been obtained for other suspects as well.

Alleged meth labs found in Hale, Pickens counties, TuscaloosaNews.com, September 10, 2009