AG Pledges Legal Help In Thomas Case

Attorney General Troy King is offering legal resources to assist District Attorney Johny Tyson with post trial motions in the Herman Thomas sex abuse case.

"This is has been a most unusual proceeding from beginning to end," said Chris Bence, King's chief of staff.

A jury of seven women and five men found Thomas, a former circuit court judge, not guilty on five counts of sex abuse, one count of sodomy and one count of assault. Special Judge Claud Neilson then acquitted Thomas on the remaining 14 counts, saying prosecutors did not prove the belt or paddle allegedly used during the assaults was a deadly weapon and there was not a threat of physical injury or death during the alleged sexual abuse.

Bence tells News Five the attorney general's opinion is that prosecutors should have the opportunity to retry a case, which ends in a hung jury, but he said a judge does have the discretion to entertain motions to acquit at any point during the trial, including after the verdict is read. "To wish against a power that exists is frivolous," said Bence, who admitted it is rare for a judge to acquit a defendant after a jury has rendered a verdict.

Tuesday, three jurors came forward disputing the not guilty verdicts that were read aloud in court. A jury's verdict must be unanimous, but one juror said he only voted not guilty to two charges, and the jury was hopelessly deadlocked on the remaining charges. The three jurors met with Tyson Tuesday afternoon.

Tyson, who would not discuss details of the meeting, said he plans to file a post-trial motion Wednesday afternoon.

"There's a pretty strong hurdle they're going to have to overcome," said David Patton, a law professor at the University of Alabama. "There's not a second bite of the apple," he said, suggesting if prosecutors are hoping to retry the case they could run into a problem with double jeopardy.

As of 3 p.m. Wednesday, Tyson's motion had not been filed in Mobile County Circuit Court.