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The After The Trial blog presents insights on ongoing and recent trials around the state of Alabama, including weekly criminal law round-ups.

Alabama Criminal Law Round-Up August 16th

J.D. Lloyd - Wednesday, August 16, 2017


 

Here are a few of the criminal law stories that have recently occurred around the state of Alabama:


 

- The Tuscaloosa County Metro Homicide Unit recently released surveillance photos of a shooting incident in a local parking deck late last month. Two female suspects had chosen to fight at the top of the deck, and the incident began building a crowd. The fight escalated beyond control as people in the crowd started fighting each other with two people shooting into cars. When authorities searched the scene, they discovered more than 100 bullet shell casings and several bullet holes in various part of the deck. Police are still looking to identify the suspects. 

 

- Two teens (Arron Raynard Jones, 17, of Birmingham, and Jakobe Isaiah Carter, 18, of Phenix City) are being held on burglary and capital murder charges without bond for allegedly killing a construction worker outside a Madison Publix Store. Police said the two teens had been accused of running away from the Three Springs juvenile facility when they allegedly killed the construction worker. After killing the man with blunt trauma to the head, police believed the teens took the victim's cellphone and wallet, labelling it a crime of opportunity. Authorities later found the suspects hiding in the woods.

 

- A dispute over Taco Bell tacos caused an Athens man to turn violent. Tyler Tarrell Dukes, 19, has been accused of assaulting his brother with a baseball bat after he was asked to share his food. Limestone County authorities were called to the scene and found the victim bleeding from his head. Dukes has been charged with second-degree assault and could face up to ten years in prison if convicted. 

 

 

Alabama Criminal Law Round-Up August 4th

J.D. Lloyd - Friday, August 04, 2017

 


Here are a few of the criminal law stories that have recently occurred around the state of Alabama:

 

 

- Early Wednesday morning, Jefferson County sheriff's deputies responded to a call about suspicious activity and possible meth use in Mulga. They found the suspect in a van outside an abandoned house. While searching the van, authorities discovered an active methamphetamine manufacturing process in a soda bottle that was warm to the touch. Investigators and HAZMAT personnel from the sheriff's office a Narcotics Unit safely disposed of the "cook" a few hours later. Police charged the suspect, 43-year-old Kenneth Carver, with unlawful possession of a controlled substance, illegal manufacture of a controlled substance, and illegal possession of drug paraphernalia. He is being held in Jefferson County Jail on a $121,000 bond. 

 

- An argument about who the "big dog" was in a Huntsville neighborhood led to an intense, two-day argument between two neighbors and the eventual chopping death of one of the men at the beginning of June. After entering the house to speak with 63-year-old Robert Bezotte about payment arrangements for $40 he owed, 56-year-old Randal Wayne Beard grabbed an ax and struck Bezotte multiple times, killing him with blunt force trauma. Beard's stepson and a friend alerted the police to the situation. The authorities found Bezotte dead in his bed. Beard had walked out of the house and sat in a chair on the carport when first responders arrived. Police then found Bezotte's prescription drugs in Beard's truck as well as a wallet with a large sum of cash. Prosecutors are trying to charge Beard with capital murder, alleging that Beard had robbed as well as killed Bezotte. Beard is being held in the Madison County Jail without bail as he awaits a possible hearing before a grand jury. 

 

- A national prostitution sting led Tuscaloosa police to arrest 33 men at the Best Western Hotel on East McFarland Boulevard on July 14th, July 15th, July 21st and July 22nd. Participating in the National Johns Suppression Initiative last month, undercover officers made advertisements on websites such as Backpage.com. With the help of Northport police, the investigation by Tuscaloosa authorities yielded 31 men who were charged with soliciting prostitution and two men who were charged with traveling to meet a child for an unlawful sex act. Four firearms were also seized during the four-day bust. 
 
 
 
 

 

 

 

Alabama Criminal Law Round-Up July 26th

J.D. Lloyd - Wednesday, July 26, 2017

 


Here are a few of the criminal law stories that have recently occurred around the state of Alabama:

 

 

- Four teenagers held a mother of two at gunpoint while they stole videos games from her Hartselle home. The armed male suspect forced the mother to the ground and the other two suspects took the games as well as a gaming system. Snapping a picture of the getaway vehicle - which also was driven by a fourth suspect - and two of the suspects, she called authorities who conducted an unsuccessful search of the area. However, a few days later, the victim and her friend saw the vehicle in a trailer park. Police came and arrested the driver, 19-year-old Jared Austin Cooper, who is being held on a $30,000 bond. Police also arrested 16-year-old Lauren Casey Stafford and are on the lookout for 17-year-old Brandon Michael Price. Stafford and Price will be tried as adults, and all three suspects are charged with first-degree burglary. The fourth suspect is being charged as a juvenile. 

 

 

- An argument over cutting the grass and a property dispute led to the death of an Autauga County man on July 15th. Neighbors reported hearing a verbal altercation between 59-year-old John Brown and 73-year-old Joseph Huffman over Brown's mowing the lawn in a certain five-acre parcel of the 40-acre Pink Lilly Community. During the argument, Huffman fatally shot Brown once with a shotgun. Huffman is currently out on a $30,000 bond. 

 

- Coosa County sheriff's deputies and a group Alabama Law Enforcement Agency narcotics officers recently conducted a raid that led to the arrest of two men and the confiscation of more than $310,000 of marijuana. After showing the warrant to resident and convicted felon Randolph Pearce, police entered the home and soon discovered an elaborate hydroponic marijuana grow operation complete with grow lights, timers, irrigation, fertilization and more. There were about 30 plants in the property's outbuilding as well as another 32 in a plant-cloning apparatus. Pearce received charges of first-degree manufacture of a controlled substance, first-degree possession of marijuana and possession of drug paraphernalia; he is at Coosa County Jail on a $30,000 bond. An accomplice, 46-year-old Anthony Wayne Grogan, attempted to flee the scene during the raid. A separate search of his residence turned up weapons and illegal drugs. Grogan was charged with possession of a controlled substance, certain persons forbidden to possess a firearm, possession of drug paraphernalia, first-degree possession of marijuana and first-degree manufacture of a controlled substance.
 
 
 
 
 

 

 

O.J. Simpson Gets Parole

J.D. Lloyd - Thursday, July 20, 2017

 


Today, the State of Nevada Board of Parole Commissioners voted to parole O.J. Simpson. In 2008, Simpson was convicted of several offenses including armed robbery and kidnapping in connection to him and other trying to recover some of his old memorabilia. While sentenced to 33 years in prison, much of his time was cut for his good behavior. Reports say O.J. will be released last this fall.

 

For me, the saga of O.J. Simpson was my first real glimpse into the American system of justice. I can remember exactly where I was standing while I watched the White Bronco chase along the L.A. Freeways. I remember tuning in to watch Marcia Clark, Judge Lance Ito, Johnnie Cochran and the rest of the cast of characters try the "Trial of the Century." I remember Norm McDonald ripping everyone involved on SNL's Weekend Update. And I remember being late to 8th grade science class as I listened to the verdict being read.

 

I couldn't recommend enough the ESPN "OJ: Made in America" series, which documented his life, the murder trials, and the events that put him in a Nevada prison for the last 9 years.
 

Alabama Criminal Law Round-Up July 19th

J.D. Lloyd - Wednesday, July 19, 2017

 


Here are a few of the criminal law stories that occurred around the state of Alabama this past week:

 

 

- A trio of suspects (including one teenager) have been arrested and charged for the murder of a Tuscaloosa County mother. The cause of death for Jennifer Nevin and any possible motives have not been released by authorities. Her family spoke to authorities and press about the victim's previous mental illness and substance abuse problems. Her body was discovered on a dirt road by a gas worker this past Monday. All three suspects are undergoing the booking process at the Tuscaloosa County jail. 

 

- A Huntsville college student, who has been under investigation since January for making alleged statements involving ISIS, will soon have his case presented to a grand jury for consideration of an indictment. The suspect, Aziz Sayyed, is charged with "obtaining bomb making materials to set off an explosion at a Madison County police or military building." His June 15th arrest at a downtown traffic stop came after police investigated his apartment that day and seized the materials needed to make a TATP (triacetone triperoxide) bomb, the same explosives used at the Ariana Grande concert bombing in Manchester. A few months before his arrest, Sayyed's friends had reported that Sayyed had shown them an ISIS flag and had them view videos of ISIS attacks. At Sayyed's preliminary hearing, Huntsville police investigator Brandon Snipes testified that Sayyed did not plan on conducting a suicide bombing; instead he wanted to live and carry out additional attacks for which ISIS would claim credit.

 

- A Farmers Insurance agency manager in Mobile recently received charges of first-degree theft by deception after Mobile Police Department arrested him at his office this past Tuesday. The police said that 35-year-old Thomas Burns had embezzled tens of thousands of dollars from an unidentified local business in Mobile. Burns has been the manager of the Farmers Insurance agency for five years. 
 
 
 

 

Alabama Criminal Law Round-Up July 10th

J.D. Lloyd - Tuesday, July 11, 2017


Here are a few of the criminal law stories that occurred around the state of Alabama this past week:

 

 

- Yesterday, U.S. Marshals and local police arrested a prime suspect in a Prattville triple murder. Authorities had been searching the last week for 35-year-old Marty Deaundre Morgan, one of four people in connection with the July 3rd shooting death of three men at the Hook-Up Barber and Style Shop. Another man was shot, but not killed at the barbershop. Morgan and a suspected 19-year-old accomplice, Keon Deshon Cain, are both charged with three counts of murder. Two other suspects, Thomas Lipson and Donnell Ruffin, face charges for aiding and abetting Morgan. The U.S. Marshal in Montgomery says they believe the motive was robbery. Cain was arrested last Wednesday and Lipson and Ruffin have also been taken into custody.

 

 

- Mobile police are searching for a 22-year-old male suspect who allegedly assaulted a male with a pair of steel-toed boots in a local neighborhood. The suspect, Austin Cooper, fled the scene on Wednesday, July 5th. 

 

 

- A Jefferson County grand jury recently indicted a female suspect who allegedly swung an 18-inch bayonet at a Mountain Brook police officer two years ago. On June 23rd, 2015, 49-year-old Vanessa Hirschowitz attacked an officer in her mother's home after police had found the mother wandering the streets and reported a domestic abuse situation. Hirschowitz appeared from underneath a blanket and swung the bayonet at an officer. The weapon missed his neck but cut his forearm. He later received stitches at the hospital. Hirschowitz was arrested on September 9th, 2015, and released on a $50,000 bond. 

 

 

- Police recently arrested a Shelby County man after he was spotted driving a stolen bulldozer through the Pelham Walmart parking lot. The John Deere vehicle was allegedly taken from Warrior Tractor & Equipment. The suspect, Brandon Keith Smith, eventually crashed the tractor into a Murphy gas station near the Walmart, where police arrested him. Smith had several other stolen goods in his possession; he is being held in the Shelby County Jail on a $75,000 bond for charges of unlawful possession of a controlled substance, first-degree theft of property, first-degree criminal mischief and third-degree burglary. 

 

Alabama Criminal Law Round-Up June 26th

J.D. Lloyd - Monday, June 26, 2017

 


Here are a few of the criminal law stories that occurred around the state of Alabama this past week:

 

 

- Charges have been brought against a Vestavia Hills woman involved in a March 4th DUI crash resulting in critical injuries for a 24-year-old Hoover resident. The head-on collision occurred when Steven Edmondson was traveling northbound on US 31 in Homewood and subsequently struck by Karen Pridgen Stafford, who was driving on the wrong side of the road. Edmonson was rushed to emergency surgery at UAB, where doctors amputated a portion of his left leg. Both legs were also shattered from the femur down. After receiving test results back from Alabama Department of Forensics Sciences, Homewood police wrote an affidavit against Stafford that said she was "driving under the influence of alcohol or a controlled substance or a combination of both." Though she posted a $15,000 bond after being taken into custody this past Thursday, Stafford faces charges of first-degree assault and will make her first court appearance in July. 

 

 

- Earlier this month, Birmingham police and firefighters responded to an early morning call about a burning car in Ensley. After extinguishing the fire, authorities discovered a body in the trunk of the four-door sedan. Though initially unrecognizable, police recently identified the body (through dental records as well as contact from concerned family and friends) as local rapper, 32-year-old Paul Matthew "Bam Bam" Carter. No arrests have been announced. 

 

- On Friday, a Mobile District Court Judge denied bond for two out of four suspects connected to the June 22nd home invasion of a 62-year-old US Marine Corps veteran, who shot three of the suspects during the incident. Though 29-year-old Casey Ray Gann and 19-year-old Joseph Heathcock were hospitalized the night of the incident, they appeared in court the next day. The third apprehended suspect, 24-year-old Chasatie Dulabhan, is still hospitalized. The three suspects, as well as a possible fourth suspect, had allegedly robbed the veteran of his medication two weeks before the June 22nd incident and threatened to hurt him if reported the incident. The man then received an unidentified, threatening phone call the next week. After he reported the burglary and phone call to authorities, an investigation was launched. The suspects then returned with the veteran waiting to defend himself. Gann and Dulabhan were each charged with one count of first-degree robbery. Heathcock was charged with first-degree assault, first-degree robbery, discharging a gun into an occupied building and felony probation violation. 
 
 

 

High Court Reverses Another Alabama Death Sentence

J.D. Lloyd - Monday, June 19, 2017


McWilliams v. Dunn, Comm’r ALDOC

 

Question Presented: Did Alabama courts wrongfully conclude McWilliams was not denied meaningful assistance from a mental-health expert under Ake v. Oklahoma?

 

Facts

 

McWilliams was convicted of capital murder and sentenced to death for a 1994 robbery/rape/murder that took place in a convenience store in Tuscaloosa. McWilliams’ mental health was explored in depth during the course of his trial. He was examined by a “Lunacy Commission” composed of three doctors at Taylor Hardin Secure Medical Facility. After he was convicted and after the jury recommended he be sentenced to death by a vote of 10-2, McWilliams asked for neurological and neuropsychological exams. The court order a Dr. John Goff, a neuropsychologist with the State, to examine McWilliams. However, Dr. Goff’s findings were not based on a complete review of his mental health records. His report was given to McWilliams only 48 hours before the judicial sentencing phase. On the eve of the judicial sentencing hearing, Taylor Hardin and Holman Prison sent defense counsel updated records which had been subpoenaed months before. Trial counsel continuously asked the trial court for an independent expert and a continuance, but these requests were rejected.

 

Eventually, McWilliams case arrived in federal court when he filed a 28 U.S.C. § 2254 petition for habeas corpus relief. Among other issues, McWilliams argued that the State deprived him of Due Process under Ake v. Oklahoma, 470 U.S. 68 (1985). McWilliams argued this denial was a violation of “clearly established federal law” and thus entitled him to habeas corpus relief. The district court denied the request.

 

Ake v. Oklahoma

In Ake, the Court ruled that the Constitution requires the State to provide an indigent defendant with “assistance necessary to prepare an effective defense based on his mental condition” if the defendant’s sanity is in question. The ruling was framed around the concept of the “meaningful access to justice.” The expert should “assist in evaluation, preparation, and presentation of the defense.”

 

Eleventh Circuit Ruling

The Eleventh Circuit denied relief. Initially, the Court concluded that McWilliams failed to meet his burden of showing that “clearly established federal law” entitled him to an independent expert. The Eleventh Circuit noted a split in the circuits regarding whether Ake requires the appointment of an independent expert and that the Supreme Court had never resolved that split. Because the split existed, there was, in the Court’s opinion, no clearly established federal law that could entitled McWilliams relief on this claim. Additionally, the court concluded that the State courts’ determination that Ake had been satisfied was likewise not an unreasonable application of clearly established federal law.

 

Judge Wilson’s dissent

Judge Wilson believed that Ake was not satisfied here. First, the State failed to provide meaningful psychological assistance. McWilliams did not receive any expert assistance until after the sentencing hearing held before the jury. Second, the assistance McWilliams received from Dr. Goff was based on an incomplete review of the mental health records available for consideration. In Judge Wilson’s opinion, this paltry showing did not satisfy Ake and warrants habeas corpus relief.

 

Supreme Court Ruling

The Court ruled that in the particular circumstances of this case, McWilliams’ rights under Ake were not protected. The Court declined to answer the more specific question of whether Ake requires appointment of a mental health expert who is independent of the prosecution because Alabama failed to satisfy “Ake’s most basic requirements.”

 

The Court rejected Alabama’s argument that it complied with Ake by allowing Dr. Goff to examine McWilliams. Ake requires more: “[1] examination and assist in [2] evaluation, [3] preparation, and [4] presentation of the defense.” The Court concluded that even if it were to assume the State satisfied the “examination” requirement, it completely failed to satisfy the last three prongs.

 

While the 11th Circuit had ruled that whatever error McWilliams suffered was “harmless,” the Supreme Court noted that ruling was limited to just the question of whether the requested continuance would have made a difference in McWilliams sentencing. The Court pointed out that on remand the 11th Circuit should consider how the State’s failure to guarantee the remaining three prongs of Ake would have made a difference in McWilliams’ case.

 

Dissent (Alito, Roberts, Thomas, Gorsuch)

The dissent would have had the Court address the narrow question of whether it is clearly established federal law that Ake requires the appointment of an independent mental health expert. The dissent complains that Alabama didn’t have a chance to address the question the Court actually addressed. However, this simply isn’t true. Alabama briefed the merits of the underlying Ake claim at the merits stage.

 

The 11th Circuit on Remand

The Eleventh Circuit is likely to kick the case back down to the district court to address the full Ake question. It’s hard to see McWilliams’ death sentence standing when the Supreme Court has all but said 3 aspects of Ake weren’t satisfied here.

 

Alabama Criminal Law Round-Up June 13th

J.D. Lloyd - Tuesday, June 13, 2017

 


 

Here are a few of the criminal law stories that occurred around the state of Alabama this past week:

 

 

- After a Hueytown man stole a struck in his hometown this past Wednesday, he escaped to Birmingham where he managed to hit several other cars after getting off the Arkedelphia Road exit, an incident which also claimed the life of 69-year-old Fred Cornelius Wilson II. The suspect, 24-year-old Cody Allen Abney, faces charges of first-degree theft of property from the Hueytown police and is also expected to face charges from Birmingham police. An Alabama Power employee was also hit by the suspect's truck while sitting in his work vehicle on Bessemer Road, but is expected to be OK after being taken to the hospital. Abney has faced prior conviction in 2015, pleading guilty to second-degree forgery and second-degree theft of property. 

 

 

- An Adger couple's home was recently invaded by their adopted son and two of his friends. The incident occurred in the early morning hours while the couple was asleep. The masked intruders forced their way through the back entrance of the home, forced the couple to the floor and stole guns, jewelry and prescription medicine. A purchase using one of the victim's credit cards at a Bessemer convenience store allowed police to obtain video surveillance of the suspects. The adopted son, 30-year-old Jamie Lee Meadows, enlisted the help of two friends, 28-year-old Roy Scott Jones and 30-year-old Jamie Christopher Cowherd, to help in the burglary. The stolen items have not been recovered. All three suspects face charges of first-degree burglary, first-degree robbery and first-degree theft of property with Jones and Cowherd also facing charges of second-degree assault. Meadows is in the Jefferson County Jail and Cowherd is in the Tuscaloosa Jail on unrelated charges, but will be transferred to Jefferson County upon release. Scott remains at large. 

 

 

- Three Huntsville men will be put on a trial for a murder that occurred over five years ago. If convicted of the murder charge for the fatal choking death of 36-year-old Marlo Patton, the three suspects (28-year-old Jamie Kelly, 26-year-old Savontae Shoulders and 30-year-old Robert Davis) could face up to life in prison. An original fourth suspect, Timothy Smith, has had the charges against him dismissed. According to testimony, "Patton, who was working as a confidential informant for the Madison-Morgan HIDTA drug task force, was killed when he went to a home on Sparkman Drive to buy drugs from Kelly." When Shoulders (who was also present in the house) heard Kelly arguing with Patton, Shoulders put Patton in a headlock after the victim allegedly punched him. According to Shoulders, Davis killed Patton and the trio (accompanied by Timothy Smith) dumped the body in Tennessee. However, since the victim was dead by the time Smith came along, Smith's charges were dropped. For his part, Shoulders is trying to claim self-defense in the trial. 

 

If you or someone you know has been convicted of wrongful criminal charges, there is hope after the trial. Contact us today by clicking HERE.


 

Alabama Criminal Law Round-Up June 6th

J.D. Lloyd - Tuesday, June 06, 2017

 


Here are a few of the criminal law stories that occurred around the state of Alabama this past week:

 

 

- To celebrate her son's recent high graduation, a Fort Payne mother and business owner hosted an underage drinking party for about 100 attendees. In addition to the mother, TOY Store Customs LLC owner Veronica Meija, several minors aged 15-20 were taken into custody. Though Meija is out on bail, she faces Class B misdemeanors for hosting an illegal house party and allowing minors to consume alcohol; if convicted, she could serve six months in jail. 

 

- An Alabama U.S. Postal Service mail carrier was suspended following allegations that she had fed meatballs containing nails to at least one dog in the New Hope community. The 47-year-old suspect, Susanna Dawn Burhans, has been charged with aggravated cruelty to animals, which is a Class C felony. Though she was released on a $2500 bail, if convicted, Burhans could face up to a 10-year prison sentence. 

 

- A 34-year-old, four-time convicted felon with more than 15 arrests in Shelby County was recently taken into custody after a raid at a Sylacauga home. During this raid, the Talladega County Narcotics Task Force discovered and confiscated 36 grams of cocaine, 12 grams of heroin, 24 grams of ICE, 30 grams of Spice, 68 grams of marijuana, and assorted pills and drug paraphernalia along with $10,778 in cash. The suspect, Clifford William Brown, had been convicted of several other charges such as first-degree robbery, first-degree kidnapping and unlawful distribution of a controlled substance. He is being held on a $150,000 in the Shelby County Jail and could face anywhere from 20 years to life in prison if convicted. 

 

If you or someone you know has been convicted of wrongful criminal charges, there is hope after the trial. Contact us today by clicking HERE.


 
 
 
 

 

 


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