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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 April 17th, 2018

J.D. Lloyd - Tuesday, April 17, 2018

 


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

 

 

- A 29-year-old Bessemer resident has been charged in the shotgun shooting death of his friend and coworker. According to investigators, the suspect, Joseph Lenair Burston, and the suspect, 24-year-old Allen Jamichael Wilson, were at a home in the 100 block of Deadrick Street this past Saturday evening when the two began arguing. Burston allegedly used a sawed-off shotgun to shoot and kill Wilson. Officers responded at 2:45 a.m., declared Wilson dead at the scene and took Burston into custody. Burston is being charged with both murder and possession of a sawed-off shotgun. He is being held in the Bessemer City Jail awaiting transfer to the Jefferson County Jail with a bond set at $90,000.

 

 

- Alabama state troopers arrested a Montgomery man Wednesday after discovering more than $44,000 in stolen property. The troopers stopped 40-year-old William Addison while he was driving in Hartselle. The troopers had learned that the vehicle had been stolen from Prattville and after stopping Addison, they arrested him for first-degree receiving stolen property and resisting arrest. The Alabama State Bureau of Investigation later determined was other stolen property in Coffee County and Geneva County. Working with Alabama Law Enforcement Agency Aviation, the Coffee County Sheriff's Office, Geneva County Sheriff's Office, Hartford Police Department, Enterprise Police Department, Prattville Police Department and the Alabama Drug Enforcement Task Force, the agents were able to obtain search warrants on two residences, search a third property and recover two SUVs, two trailers and two drones. The property was worth about $44,000. Officers reported the investigation is ongoing and have not released any further details.

 

- A Birmingham self-proclaimed "cigarette band" was recently put back behind bars after Hoover police say the man smashed in the front door of two Hoover stores and stole several cartons of cigarettes. The suspect, 23-year-old Joshua Magaul Sanders, has been charged with two counts of third degree burglary for two separate incidents in January and March. Sanders had 27 previous charges in just three years, including multiple times in 2015 where he did the exact same thing at the Exxon station on John Hawkins Parkway and in several other municipalities. Hoover police said both recent incidents (the Exxon station at 2270 John Hawkins Parkway and the Shell Station on South Shades Crest Road) had security footage in which a man smashed through the front glass door, stuffed several cartons of cigarettes into a garbage bag and tried to open the cash register by throwing it on the ground before fleeing the scene. Chief Deputy Randy Christian of the Jefferson County Sheriff's Office said officers responded to a burglary alarm at a Chalkville Mountain Road convenience store shortly before midnight on Sunday. The front door was shattered and Sanders was fleeing. After a brief foot chase, he was arrested after also admitting to breaking into several other stores in Jefferson and surrounding counties. In addition to the expected cartons of cigarettes, Sanders also had on him a handgun, methamphetamine ecstasy and marijuana. A further check into Sanders's record revealed he had outstanding warrants for charges of third-degree burglary, second-degree theft of property and criminal mischief.


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 April 9th

J.D. Lloyd - Monday, April 09, 2018

 


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

 

 

- A Jackson County couple and owners of the dogs who mauled a 24-year-old northeast Alabama woman to death in December were recently charged with criminally negligent homicide. Police booked the couple, 43-year-old Brian Keith Graden and 45-year-old Melody Ann Graden, into the Jackson County Jail on Tuesday evening, April 3rd. Both face a misdemeanor homicide charge along with four counts of failure to immunize a pet for rabies. A grand jury has issued these charges as indictments. The Gradens' five dogs killed the victim, Emily Colvin, in front of her home and injured another woman. One dog was shot on the spot by lawmen, and a judge has ordered the other four dogs euthanized. Colvin's death followed another Alabama woman who had been killed by a dog in Marshall County days earlier. Both women's deaths have "prompted Alabama lawmakers to pass a bill this year that can impose felony charges on owners of dogs that seriously injure or killed someone." However, the Gradens will not face the felony charges under the new laws.

 

- Last Wednesday, the Jefferson County Sheriff's Office announced the arrest of a 56-year-old Memphis man, James Robert Fields, saying they had caught him with 82 pounds of methamphetamine packaged as Mexican candy. On March 29th, the Highway Safety Unit had stopped Fields's Honda for erratic driving on Interstate 59/20 near mile marker 104 near Rock Mountain Lakes. Fields allowed authorities to search the vehicle and they found a large bag containing several smaller bags of Mexican candy in the trunk. However, the deputies said the "candy" felt granular and soon determined it to be methamphetamine. The 82 pounds carried an estimated street value of almost $1.5 million. James Robert Field is being held on a $200,000 bond in the Jefferson County Jail and faces charges of trafficking methamphetamine.

 

 

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.

 

 

 

Adnan Syed of "Serial" Granted New Trial

J.D. Lloyd - Thursday, March 29, 2018


(Image Credit: Getty Images)

 

In the ongoing case of Adnan Syed, made famous by NPR's "Serial" podcast, the Maryland Court of Special Appeals has ruled in Adnan's favor and has ordered that he be granted a new trial. In a long decision, the Court determined that Adnan's trial counsel was constitutionally ineffective for failing to investigate Asia McClain, a witness who purportedly could have provided Adnan with a crucial alibi for the window of time he was allegedly killing Hae Min Lee in a Best Buy parking lot.

 

 

The case was on appeal by both Adnan and the State of Maryland. In the Baltimore City Circuit Court, Adnan had been granted a new trial based upon counsel's failure to question the State's cell phone tower data expert about a warning on a fax cover sheet to the data that warned about the data's unreliability. The circuit court had rejected the claim that counsel was ineffective for failing to investigate Asia. Both sides appealed their adverse rulings.

 

And both sides won. The Court of Special Appeals reached the opposite conclusions than that of the Baltimore City Circuit Court. The Court found the circuit court was wrong to grant Adnan relief on the fax cover sheet issue, but was also wrong to deny relief based on counsel's failure to investigate Asia's alibi. The Court explained:
 
McClain’s testimony, if believed by the trier of fact, would have made it impossible for Syed to have murdered Hae. Trial counsel’s deficient performance prejudiced Syed’s defense, because, but for trial counsel’s failure to investigate, there is a reasonable probability that McClain’s alibi testimony would have raised a reasonable doubt in the mind of at least one juror about Syed’s involvement Hae’s murder, and thus “the result of the proceedings would have been different."

 

When you're complaining that your trial counsel screwed up and denied you your Sixth Amendment right to effective representation, you have to show two things: (1) that some error occurred, and (2) that the error prejudiced you in a way that calls the results of the case into question. You have to show a "reasonable probability" that the results of trial would have been different. You don't have to prove innocence (it helps), but you've got to show more than just "this hurt my case." Here, it's easy to see how a jury could have believed an alibi about Adnan's whereabouts. There was no definitive evidence about where he was -- just circumstantial evidence that was dubious.

 

I don't practice in Maryland and am not well-versed in Maryland appellate procedure, but it looks like the State (or Adnan) might ask a higher court -- the Maryland Court of Appeals -- to review the decision. It doesn't look like either side has a right to appeal to this court and would have to ask for that court to review.

 

Like you, I'm anxiously awaiting a Sarah Koenig update...

 

Alabama Criminal Law Round-Up March 23rd

J.D. Lloyd - Friday, March 23, 2018

 


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

 

 

 

- Two Marshall County teens face accusations of posting on social media pictures of an overdosed teen's body before deciding to drive the woman to the hospital instead of calling 911. According to authorities, 19-year-old John Garrett Guffey and 18-year-old Lillie Marie Cooper waited an extended period of time before attempting to drive the victim to the emergency room and eventually running out of gas on the way. The event occurred last April at a house in Grant, Alabama, where investigators determined that the victim had died. Guntersville Fire and Rescue crews were called to the Mapco station on U.S. 431 to help an unresponsive woman who was in a vehicle. The two suspects have been indicted on charges of corpse abuse and criminally negligent homicide; they are being held in the Marshall County Jail with a bail set at $10,000.

 

 

- An assistant football coach at Tuskegee University, 33-year-old Ramone Jardon Nickerson, was arrested this past Wednesday and charged with two counts of possession with intent to distribute a controlled substance and one charge of possession of a firearm in relation to a drug trafficking crime. Nickerson, a former Tuskegee player, faces accusation of selling cocaine and marijuana in the area and was indicted by a federal grand jury after being found with approximately 3 ounces of cocaine, a pound of marijuana, and a .40 caliber handgun on March 13th in Russell County. If convicted, he faces a maximum sentence of 20 years in federal prison for the drug trafficking charges, and at least five years for the firearms charge with no chance of parole at the federal level.

 

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 March 16th

J.D. Lloyd - Friday, March 16, 2018

 


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

 

 

 

- Three Dallas County residents are each being held on a $1 million bond in connection with a drive-by shooting of a 3-year-old boy in Selma on Thursday, March 8th. Two 19-year-old males, Kentravius Washington and Adrian Richardson, surrendered this past Tuesday and appeared before Dallas County District Judge Bob Armstrong the following morning. Armstrong set their bonds at $500,000 for attempted murder and $500,000 for shooting into an unoccupied building. Washington's mother, Cassandra Jones, was also present at the shooting on Thursday. The mother of the three-year-old was holding the toddler outside a home on on Marie Foster Drive when the three suspects reportedly fired shots with an AK-47 and a .40-calibert Glock handgun from their car and struck the toddler in the face. He was flown to UAB Hospital, but is expected to survive. The suspects will have their preliminary hearings on April 3rd.

 

 

- On Tuesday, the West Alabama Narcotics Task Force, along with the Bureau of Alcohol, Tobacco, Firearms and Explosives announced the arrests of two Atlanta men, 31-year-old Gordon Shannon and 30-year-old Jeffery Lee Warren, who had been suspected of being involved in a three-month probe into large amounts of marijuana being moved from Atlanta to Tuscaloosa. Tuscaloosa police had stopped Shannon's Hyundai Elantra Interstate 59/20 southbound near Exit 80 on Monday. He was being followed by Warren's Dodge Charger. Though they tried to elude the stop, authorities eventually pulled over both men. The lawmen detected the smell of raw marijuana as they approached the Elantra and soon confirmed it by bringing in a drug-sniffing dog. A search of the Hyundai's backseat yielded 15 pounds of high-grade marijuana valued at $52,000. Shannon and Warren were charged with drug trafficking and are being held in the Tuscaloosa County Jail on $1.5 million bond each.

 

 

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 March 7th, 2018

J.D. Lloyd - Wednesday, March 07, 2018

 


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

 

 

 

- A Lauderdale County man has recently been arrested for the third time on charges of animal cruelty. This time the suspect, David Wilson Coffman Jr., was arrested this past Friday and charged with 16 counts of felony animal cruelty, 16 counts of improperly disposing of an animal carcass and 150 counts of misdemeanor animal cruelty charges after Lauderdale County sheriff's deputies removed nearly 300 malnourished cows from his 12 acres of farmland off of County Road 95 in Rogersville. The sheriff's office reported that nearly all of the animals had been neglected and many were discovered to be near death. The animals that had died were determined to be malnourished. According to deputies, Coffman could face additional charges, but is being held in Lauderdale County Jail with no bail set.

 

 

- A task force composed of investigators from the U.S. Secret Service, Vestavia Hills, Mountain Brook, Homewood and Birmingham police and the Jefferson County District Attorney's Office recently announced the arrests of five Birmingham women accused of stealing hundreds of thousands of dollars from area Walmart stores. The women (Ariel Mack, 26, Daricka Mack, 25, Andrea McCracklin, 32, Zipporah Davis, 20, and Denise Gamble, 24) worked together in a "Cash Cash Scam," a scheme that has been replicated throughout various Walmarts across the country and has cost the company significant losses. By befriending the cashier at a store and often saying they were a previous employee, the suspect then tricks the cashier into fraudulently loading pre-paid gift cards. According to police, the suspects "either knows what buttons to push to open the register and will distract the clerk while doing so or will give the cashier a code to put in that will trigger the register opening." The credit card used to load the gift card and open the register is false, but will trigger a real transaction. The five suspects in this particular group hit up stores in both Jefferson and Shelby Counties. They all face felony charges, were released on bonds ranging from $10,000 to $60,000 and will have their first scheduled court appearances this month or next.

 

 

 

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 February 23rd

J.D. Lloyd - Friday, February 23, 2018

 


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

 

 

- Police have charged a third suspect allegedly involved in a gang shootout that killed a Western Hills Mall manager on the afternoon of Thursday, February 15th. The victim, 59-year-old Anthony "Tony" Alberigi, was on the sidewalk outside the northern entrance holding papers and a drink when he was shot in what is believed to be a gang crossfire. At 2:30 p.m. one group of young men recognized another group of young men exiting the mall and began shooting at each other with Alberigi getting caught in the middle. The three suspects (24-year-old Ronald Dewayne Weaver, 20-year-old Rashaan Cepadio Brown and the recently charged 24-year-old Anthony Treshun Johnson) were part of the gang who were already outside. The gang fled when Alberigi was shot with two even running to a wooded area between I-59 and the Birmingham Southern campus, putting the school on lockdown. Those arrested all face capital murder charges and remain in the Jefferson County Jail without bond. Johnson was originally was booked on two counts of attempting to elude a police officer, marijuana possession, possession of drug paraphernalia and unlawful possession of a controlled substance with a bond of $4100, which subsequently changed this past Wednesday. Police said the investigation is ongoing, but no further arrests have been made.

 

 

- Madison County police investigated two separate incidents this past Wednesday involving a gun on campus and a school threat. Police first announced that they had received through text message information about a student who had allegedly made a threat against a city school; the suspect's name and information has not been released because of his age. In an unrelated incident, police investigated a gun found in a student's car at Madison County High School. A concerned parent had initially emailed the school system with the tip about the gun. According to the school, the school resource officer then brought the student for questioning where it was discovered that they had a .22 caliber rifle in the vehicle, but no threat was ever made. The student was then removed from campus while the sheriff's deputies continue to investigate whether charges will be filed.

 

 

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 February 9th

J.D. Lloyd - Friday, February 09, 2018


 

 

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

 

 

- Hoover police have put behind bars a Kansas man who allegedly possessed more than 100 stolen checks worth more than $700,000. Police started investigating 32-year-old Justin Edward Fink in mid-January when officers responded to a report of a suspicious incident at Days Inn on Riverchase Drive. According to a police report, hotel staff found a printer and several pieces of paper with counterfeit checks printed on them believed to be left by a hotel guest. After confiscating the items and discovering the identity of the guest, officers also found out that Fink was wanted out of Kansas for burglary of a vehicle. The authorities soon confirmed Fink had gotten the check from several local businesses as well as a few out-of-state individuals. After a similar incident at the Hyatt Place hotel on January 25th, police arrested Fink near the Riverchase Galleria. He was in possession of a forged check from a car dealership in Clanton. After telling police he was staying at the Hampton Inn on John Hawkins Parkway, they got a warrant for his room where they found another printer, driver's licenses, and tax documents as well as 117 stolen checks with a face value totaling more than $760,000. Fink faces charges of trafficking in stolen identities and possession of a forged instrument and is being held in the Jefferson County Jail on a $1.075 million bond.

 

Alabama lawmen had to shoot a Kentucky fugitive Wednesday after he tried multiple to run over those who were tracking him. The U.S. Marshals Service Gulf Coast Regional Fugitive Task Force had been searching for 31-year-old Tyler Hayes at the request of the U.S. Marshals Service in the Western District of Kentucky as he was wanted on multiple violent crime warrants out of Kentucky, including felony possession of a firearm. After initially coming into contact with Hayes at a grocery store in Heflin, the suspect tried to flee the scene and run over the officers. Shots were fired, but no one was struck. A pursuit of Hayes that lasted several miles down Highway 9 in which four law enforcement and one civilian vehicles were struck, Hayes tried once again to run over the officers. Shots were fired again, and Hayes was hit this time. According to State Bureau of Investigation Lt. Jon Riley, Hayes had a .38 revolver and $700 worth of crystal methamphetamine in his pocket, and is believed to have been driving a stolen vehicle.
 

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 January 31st

J.D. Lloyd - Wednesday, January 31, 2018

 


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

 

 

 

- A traffic stop of a 2007 GMC Yukon by Baldwin County deputies last Thursday led to the arrest of three suspects and the seizure of 160 pounds of marijuana.Victor Ivan Flores-Vasquez, Jose Ramone Guevara-Lopez and Adrian Francisco-Lopez told police they had been on an 18-hour trip to Florida from Houston, Texas, but could not name their destination city or provide driver's licenses. Officers at the scene had already witnessed Guevara-Lopez toss a loaded Walther CCP handgun out of the vehicle's window during the stop. After detaining the three men and noting the smell of marijuana, the officers found 160 pounds of "high-grade" marijuana, wrapped in in tape, cellophane, and trash bags, obscured by a pile of clothing and luggage. The three suspects face drug trafficking charges and are being held at the Baldwin County Correctional Facility with a $300,000 bond.

 

 

- Birmingham police charged three men and one juvenile with stealing six high-end cars from the CSX railyard in north Birmingham on January 24th. The stolen cars included a GMC Yukon, Dodge Hellcat Charger, Dodge Challenger and a Ford Mustang and cost between $60,000 and $80,000 each. Branden Johnson, 20, Lomax Phillips, 21 and Keyshawn Paige, 21, were each arrested and charged with with theft of a motor vehicle and criminal trespassing. The 17-year-old juvenile was arrested and charged with theft of a motor vehicle and criminal trespassing. All four suspects are being held in the Jefferson County Jail with bail set at $100,000. Two other suspects are still at large.
 

 

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 January 24th

J.D. Lloyd - Wednesday, January 24, 2018

 


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

 

 

- The new currency of Bitcoin has recently been used to fund some illegal activity in Alabama. According to authorities, a Trussville veterinarian, 46-year-old David Ray Wallace of Alabaster, purchased 18 grams (nearly 36,000 fatal doses) of fentanyl with Bitcoin on the dark web. New York law enforcement had intercepted a package of fentanyl (shipped in a teddy bear) at the JFK Airport, and they immediately let the Alabama Law Enforcement Agency that its intended destination was Shelby County. The ALEA, postal inspectors, and Shelby County task force investigators identified Wallace and his accomplice, Dana Marie Leslie of Pelham, as the intended recipients. They took the suspects into custody on Monday and charged them with conspiracy to commit a controlled substance crime. They are being held without bond in the Shelby County Jail.

 

- A 20-year-old Decatur man faces a felony abuse charge in connection with abuses inflicted upon a six-month-old infant girl, according to police. The suspect, Alexis Isidor, was visiting his girlfriend, the babysitter of the victim and three other children. When the girlfriend left to go shopping on the morning of January 11th, Isidor stayed behind. According to detectives, hen the girlfriend returned, she saw "bruises on the infant's face, a bite mark on the child's leg and busted blood vessels in her eyes." A later examination at Decatur Morgan Hospital's Parkway Campus confirmed that the bruises and bite marks had been caused by an adult. Isidor was being held on a $30,000 bond in the Morgan County Jail. If convicted of child abuse, a class C felony, he could serve up to ten years in prison.
 

- Police took a Lowndes County man into custody on Monday following a double homicide in Dallas County this past weekend. The shooting occurred on a secluded road between the hours of 10 a.m. and 11:30 a.m. this past Saturday. The victims, Antonio Lamar Green and Corey Terill Hardy of the Sardis area, had allegedly gotten into some argument with the suspect, Christopher Gordon, who then started firing multiple times. One victim was still inside the vehicle and the other was outside. Gordon then took something from the car, torched the vehicle and fled the scene. Several hunters saw Gordon running away and provided a description of the vehicle to police, who tracked it to Lowndes County and arrested the suspect. Gordon was taken to Lowndes County Jail on Monday afternoon.

 

 

 

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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