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DA won't file post trial motions

Updated: Friday, 30 Oct 2009, 6:22 AM CDT
Published : Thursday, 29 Oct 2009, 6:01 PM CDT

MOBILE, Ala. - The Mobile County District Attorney's office will not file post trial motions in the Herman Thomas trial. The decision was announced late Thursday afternoon.

District Attorney John Tyson, Jr. said the three jurors who raised concerns about the verdicts backed out.

Tyson said one said she didn't want to be involved any further.

"She had misgivings about becoming the center of attention," he said.

Tyson said another juror said, he may have voted not guilty seven times, and a third said he didn't to be the only one.

"After a lot of hard work, this case is over," said John Tyson. "Congratulations to Herman Thomas and his legal staff. This community it able to move on."

Monday, Herman Thomas was found not guilty of sexual abuse, assault, sodomy and attempted sodomy. The former circuit court judge was accused of paddling inmates at Metro Jail and sexually abusing them.

A jury ruled not guilty on seven counts, and left 14 undecided. Judge Claud Neilson ruled not guilty on the remaining 14.

Three jurors had raised concerns over the verdicts not being counted correctly and that the judge threw out the 14 counts. They took their concerns to the DA's office.

But Tyson said now the jurors aren't willing to sign affidavits. Without the juror's cooperation, there is nothing for the DA's office to travel on.

"It is important for this community to understand, when jurors stepped forward we had to take them seriously, we did track them down and try to interview them, and try to follow the law. But as we get ready here, they are not willing to go forward," said Tyson.

Tyson also said he doesn't know of any additional cases against Herman Thomas.

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