Inside look at the Herman Thomas case

MOBILE, Ala. - At first, Ethel Lucky heard rumors. "People say he'll whoop you and then he'll let you out of jail." But then she had a talk with her son in 2002 and discovered those rumors might be true. "He told me. {He} came home and told me."

Ethel admits her son, 26-year-old Demetrius, was in and out of jail. He faced various charges, including shooting into an occupied dwelling. So she was ok with former Circuit Court Judge Herman Thomas helping her child get on the right path, at least that's what she hoped.

"I thought he was really trying to help Demetrius," she said. And then Lucky's son revealed to her that Thomas wanted to whip him in exchange for a shorter jail term.

In fact, Demetrius eventually told Mobile County investigators in this complaint. The document says Thomas gave Demetrius two options, take the paddle whipping or face lock up.

Thomas even took off his belt. But Lucky did not agree. "Demetrius said he wasn't going to let him spank him." So he was sent to jail.

Investigators claim in the report Thomas would visit Lucky while on probation.

Thomas' Attorney Robert Clark says all of the state's witnesses are criminals who want a "get out of jail free card". "These inmates would kill their mama to get out of prison," said Clark. "Their whole deal is gain the system, play the system."

There is evidence of what investigators say happened in the judge's chambers. One report even states semen stains were found on the carpet. But Clark says all of that is "mumbo jumbo".

He invites prosecutors to present witnesses who are not convicted criminals. "Have y'all had a story where all of these people from the public came forward and say the Judge did this and that. Did I miss that? Because I don't have a single person in the free world saying Judge Thomas did this that and the other."

The case is now in the discovery phase and is set to go to trial in October. For Ethel, she wants the truth to come out soon, but as for her faith in Thomas. "I don't have trust in him anymore."

Right now, Demetrius Lucky is in Atmore jail until 2011. As for Thomas, his attorney says they are fighting two battles.

For one, they want to get the judge's law license back and they have to prove his innocence of what he calls "illegitimate accusations".
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To see court papers, click here.
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Governor Bob Riley appointed attorney Michael Youngpeter to fill the vacancy created when Herman Thomas resigned.

Youngpeter graduated from the University of South Alabama in 1982 and got his law degree from Alabama in 1987.
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How judges are disciplined

Inquiry Commission and the Court of the Judiciary. The Commission may receive, initiate and investi­gate complaints concerning any judge of a court of Alabama's Unified Judicial System. After review by the Commission, any resulting complaint may be heard and decided by the Court of the Judiciary.

Source: www.alabar.com
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Alabama's Judges

Alabama's small claims, district, juvenile and circuit court judges, and Alabama's appellate court judges and justices must be attorneys licensed to practice law in Alabama. This requirement does not apply to Alabama's probate judges. All of Alabama's judges and justices currently are elected and hold office for a period of six years. While judicial vacancies are nor­mally filled by the appointment of the Governor, the appointed judge or justice must thereafter be elected to hold office.

Source: www.alabar.com
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To contact the Alabama State Bar call (334) 269-1515 or go to their website, www.alabar.org.