Thomas' trial set for October

The trial for former Circuit Court Judge Herman Thomas is still set to begin in October. Thomas is accused of paddling inmates at Metro Jail, and asking for sexual favors.

His attorney tried to get some of the charges thrown out on a technicality.

Thomas sat expressionless as his attorney argued on his behalf. Friday's main argument centered around the statute of limitations on ethics and felony charges. Defense attorney Bob Clark wants the charges dismissed.

"The statute of limitations in Alabama is three years for a felony. Felonies that were committed in 2001, 2002 up to 2005 is the last act they're claiming. So that's over three years," Clark said.

However, the state claims Thomas' power still continued over his alleged victims.

"These men, these young men, were continued to be under the control of Judge Thomas. They continued to be on probation to him. They were constantly available for him to say, 'If you don't do this, I'll put you back in jail,'" said Assistant District Attorney Nikki Patterson.

Patterson said Thomas would take the victims in and out of jail for things unrelated to their actual legal proceedings. Patterson argued the assault, kidnapping, extortion, and sex abuse charges against Thomas are crimes of violence.

"In Alabama there is a three year the statute of limitations for non-violent crimes. If the crime involves violence in any way, it's taken out of that statute of limitations," Patterson added.

"He didn't threaten to paddle them, he threatened to send them to jail if they didn't allow for it. It's two different things. He didn't threaten them with violence he threatened them to go back to jail is what they claim," Clark said.

Patterson said they're looking into nearly 30 counts of ethics charges.

"If someone has a sexual fetish that involves beating young males without their pants up and that is sexually stimulating to them, then for them that's a thing of value," she said.

Judge Claud Neilson said he'd make his decision by next Tuesday or Wednesday. Thomas and his wife quickly left the courtroom without making any comments.

The trial will begin on October 5. The jury will be given a questionnaire to fill out on that day. The judge hopes to have a jury seated by the following Friday.