Judge Neilson explains Thomas ruling

MARENGO COUNTY, Ala. - Fox 10 News has learned the jury in the Herman Thomas trial almost didn't get a chance to make it's decision in the case.

In a Fox 10 News exclusive interview, Judge Claud Neilson told us he almost ruled on the charges right after the testimonies ended. Judge Neilson said he knew the Prosecution would have a hard time proving beyond a reasonable doubt that Thomas was guilty of the charges he faced.

He said in pre-trial meetings with the Prosecution he raised concerns about whether the charges they were pursuing were even specifically outlined as illegal in Alabama State Law.

Judge Neilson said he almost threw out the second degree assault charges as well as the sexual abuse charges. He said he thought those charges were more in line with assault third degree and sexual misconduct, both of which are misdemeanors.

Judge Neilson explained that the statute of limitations had run out on several of the charges meaning the alleged criminal acts happened too long ago to be tried in court.

Judge Neilson said according to the words of the law a belt or paddle is not a life threatening weapon, which is why he thought the assault charges were third degree and therefore not eligible for prosecution.

In response to questions about the jurors who went to the District Attorney's office with concerns about how the verdict came to be, Judge Neilson said none of them spoke up in court. He said once they left the courtroom that was it, the case was closed.

The defense is trying to get former Judge Herman Thomas his law license back. Judge Neilson said he didn't see a reason why the state would deny that request since Thomas was not convicted of any felony charges.