Herman Thomas found not guilty

MOBILE, Ala. - When the jury couldn't come back with a full verdict in the case of a former judge accused of assault, sodomy and sexual abuse, the presiding judge took matters into his own hands.

The courtroom was filled with supporters, all sitting on the edges of their seats. The accused, Herman Thomas, sat dispassionately at the defense's table, waiting for the judge's ruling.

"I find there has been no forcible compulsion in any of the sexual abuse counts or sodomy counts. So, by order of the judge, the verdict is not guilty," said Judge Claud Neilson.

The jury could only find Thomas, a former circuit court judge, not guilty of five counts of sexual abuse, and one count each of sodomy and assault. He was accused of spanking inmates in return of sexual favors.

"They say they're hung," said Defense Attorney Robert "Cowboy Bob" Clark. "They say they can't reach a verdict. Damn, I'd reach one in no time."

Jurors wound up deliberating for three days to come up with their partial verdict.

Things started heating up in the trial against former circuit judge Herman Thomas in March 2009, when he was arrested at his own press conference. Hours before, a grand jury indicted Thomas on 57 ethics charges.

Thomas' attorney, Robert "Cowboy Bob" Clark, called it a "high-tech lynching".

Mobile County District Attorney John Tyson, Jr., disputed Clark's racist claims.

"For us to go forward on something because of race is outside what I understand the law to be," said Tyson.

Thomas was bonded out of jail shortly after being booked. Thomas was charged, at the time, with 57 counts of kidnapping, sodomy, sex abuse, extortion and ethics violations.

He is accused of paddling inmates from Mobile County jail and forcing them to perform sexual favors in exchange for leniency in the courtroom.

"People say he'll whoop you and then he'll let you out of jail," Ethel Lucky said of the rumors.

But the former judge, who resigned from the bench in 2007 when the allegations first surfaced, has denied all of the charges.

Officials said Thomas' troubles started with a family favor. Authorities said he arranged for his cousin, former Mobile County School Board Member David Thomas, to serve time in the newer Prichard jail rather than Metro, on a traffic conviction. At the time, Thomas himself asked to be investigated.

Shortly after his arrest, The Alabama State Bar's disciplinary commission refused to reinstate Thomas' law license. The panel deliberated for less than an hour Thursday in Montgomery before issuing a decision denying the ex-judge's appeal of the Bar's ruling to suspend his law license.

In a court filing, Thomas waived his arraignment and submitted his plea in writing.

Then, on August 10, a grand jury added additional indictments against Thomas. He was charged with using his position for personal gain.

On October 5, jury selection began for the trial. Also, Judge Claud Neilson threw out 20 ethics violations against Thomas, because the statute of limitations had run out.

Three-hundred people were brought to the courthouse for jury selection. They were required to fill out a jury questionnaire, with 62 questions.

After days of weeding down potential jurors, a jury of 12 was chosen, with four alternates. It consisted of seven women, and five men.

Day one of testimony began on October 16. At the time, Thomas was facing more than 70 counts of sexual abuse, kidnapping, extortion, and sodomy.

The state originally had 15 alleged victims, but one case was dropped. The case dismissed involved Willie Pearson.

"Pearson told me he was lying about the judge," Clark told FOX10.

"He has been a very reliable witness, and this is absolutely no reflection on what we believe about the truth of his allegations," said chief Assistant District Attorney Nicki Patterson.

When asked if Pearson should still be called to testify, Clark was all for it.

"Oh, hell yeah, we gotta call Willie. Let Willie talk about how they made him lie."

The following Monday, it was reported that the former judge was told to ditch his trademark bow tie, in an effort to "temper his image." A professional out of New York said the change was wise, because some people view bow ties as frivolous.

Day two of the Thomas trial brought a corrections officer, two alleged victims, and one of their mothers to the stand to testify.

The State asked one of the alleged victims to demonstrate how the judge told him to stand. He bent over a chair, to show the jurors. Patterson then asked him what happened when he bent over the chair.

"He started hitting me with a belt, full force. It wasn't no tap," he said. "I was crying because it hurt bad."

"Everything I tried, I failed, so I welcomed the judge into our lives," said the mother.

She broke down and cried on the stand, when the State mentioned sex.

Testimony continued into day three of the case. Two more accusers took to the stand.

One of the alleged victims Thomas paddled him with a wooden paddle, on the eighth floor of the courthouse. It was the same room other alleged victims have identified.

"After the fifth lick I turned around and he put my mouth on his private parts," said the alleged victim. "I tried to push him away."

The alleged victim said his mouth 'did' touch Thomas' private part.

"Then I ran out of the room," said the alleged victim.

The fifth accuser took the stand on day five, and explained to jurors about the first time he was allegedly paddled by Thomas.

"He was paddling me like I was still a child," testified the man.

The state questioned why the man let the judge paddle him.

"Because he was a judge, and felt like I would get my probation revoked," said the alleged victim.

Week three of the trial began on October 19. Letters allegedly written between the accuser and the former judge.

In one of the letters, the alleged victim said he wrote to Herman Thomas and asked how his family was. The letter also said: "Did you tell them you have a new son now?"

The alleged victim said Thomas never called him 'son,' but he did act like a father figure.

Day seven began with three more cases being thrown out. All the ethics charges were thrown out because of statute of limitations. Also, Thomas' former court reporter, Yolanda Marshall, was called to testify.

"Did you ever ask Thomas if he paddled anyone?" asked Attorney Barry Matson.

"No," answered Marshall.

Yet the state said she told authorities she did ask him, and he denied paddling anyone.

Archbishop Oscar Lipscomb was also called to the stand.

"Prior to March of 2009, what was your opinion of Herman Thomas?" asked defense Attorney Jeff Deen.

"I thought he was good, very good. I trusted him," said Archbishop Lipscomb.

On October 21, Judge Neilson threw out all extortion and kidnapping charges against Thomas.

"Let's talk about everything except masturbation. What are you calling sexual favors?" asked Judge Neilson.

"Exposing the bare buttocks," the state replied.

Judge Neilson then threw out the extortion in first degree charges. Assault first degree and sodomy charges will go forward.

"Which I told y'all all along this is how I thought you ought to try the case," said Judge Neilson.

Both sides rested their case by the 21st.

"He ain't no pervert," Clark told the jury in closing arguments.

They jury began their deliberation on October 22.

"Each charge and each case should be considered separately," said Judge Neilson. "I have withdrawn from your consideration kidnapping, extortion and ethics counts."

The only counts left were sodomy, sexual abuse, attempted sodomy and assault second degree.

Deliberation continued into Friday, and still no verdict was reached.

Monday's coverage of the Thomas trial begins here.

2:30 p.m. Judge finds Thomas not guilty of all charges.

"Most of the cases the alleged or implied threat was they were going to jail, if they didn't take a whip. The law requires the threat must place a person in fear or immediate danger. I find there has been no forcible compulsion in any of the sexual abuse counts or sodomy counts. So, by order of the judge the verdict is not guilty," said Judge Claud Neilson.

2:18 p.m. The jury found Herman Thomas not guilty on seven counts: sexual abuse (5), sodomy, assault; couldn't reach an agreement on the others.

Defense attorney Jeff Deen is asking for an acquittal on the remaining charges a jury couldn't reach a verdict on.

"I find as a matter of law that the use of paddle or belt in this case is not a dangerous weapon. I find not guilty of assault in second degree, of all assault charges," said Judge Claud Neilson.

2:09 p.m. Herman Thomas has been found not guilty of some charges, and there is no verdict on others. The jury has been discharged.

1:38 p.m. Once jurors got back from lunch, Judge Claud Neilson asked for a progress report.

The foreman told Judge Neilson it has reached a verdict on some of the charges, but not all. The foreman also told Judge Neilson, it will be "almost impossible" to reach a decision.

Judge Neilson told the jurors to go back to deliberating.

Attorney Jeff Deen and Attorney Robert Clark and Herman Thomas have just left the courtroom.

11:45 a.m. The jury wanted Judge Claud Neilson to re-read testimony of one of the alleged victims.

The testimony was from one of the alleged victims the state said was a victim of sodomy. There are 11 alleged victims in this case.

Jurors asked questions on Friday about attempted sodomy, assault and wanted Judge Neilson to re-read jury instructions.

Defense Attorney Jeff Deen said jurors could argue for a week.

11:14 a.m. Jurors have returned from their first break and are back to deliberating.

Thomas and one of his attorneys, Robert Clark, are sitting at the defense table talking to each other.

Thomas' supporters are sitting in the courtroom, talking to each other.

State prosecutors are standing up near their table talking to each other.

Judge Claud Neilson is not in the courtroom.

Jurors have been deliberating since three o'clock Thursday. Most people are hopeful Monday is the day a verdict is returned.

10:27 a.m. Shortly after 10:00 Monday morning, jurors presented Judge Claud Neilson with a question. However, no one has relayed the question to anyone in the courtroom.

State prosecutors aren't in the courtroom.

Thomas and one of his attorney's Robert Clark are sitting at the defense's table.

The courtroom is full of people waiting for the jury to reach a verdict.

Thomas is charged with sodomy, attempted sodomy, sexual abuse and second degree assault.

Sodomy carries a 10 years to life in prison sentence. Attempted sodomy carries a two-to-20 years in prison sentence. Sexual abuse carries a one-to-10 years in prison sentence. Assault second degree carries a one-to-10 years in prison.

9:33 a.m. Herman Thomas and roughly thirty of his supporters are waiting in courtroom 4500 for the jury to reach a verdict in his trial.

Thomas and his wife Linda are sitting on the front row staring straight ahead.

A court worker just took a piece of paper from the jury room.