Time Threatens Herman Thomas Case

Former Circuit Court Judge Herman Thomas, 48, is scheduled to go to trial in ten days on allegations that he paddled inmates and threatened to send them back to jail if they didn't perform sexual favors, but the statute of limitations is threatening the case.

Thomas' attorney, Bob Clark, filed a motion to dismiss the charges, telling a judge Friday the incidents allegedly happened more than three years ago, which is the statute of limitations for felonies.

A Special Session of the Mobile County Grand Jury handed down a 57 count indictment in April and 46 additional counts in August, but the indictments do not list dates of the alleged incidents. During Friday's hearing, retired Marengo County Circuit Court Judge Claud Neilson, who is presiding over the case, ordered prosecutors to give dates to the defense.

Based on statements from the alleged victims, which were discussed in court, it appears the first allegation involves incident(s) in 1999, the year Thomas was appointed to the Circuit Court bench. The most recent incident allegedly happened in 2005.

"If the crime involves violence in any way it's taken out of that statue of limitations," said Chief Assistant District Attorney Nicki Patterson, who argued the allegations against Thomas are violent. "Some of these people had several beatings, others had one," she said.

Defense attorneys also challenged the ethics and extortion charges, disputing whether sexual favors can be considered property. "Illegal though it may be, you can sell sex," said Patterson. "It is something you can take from somebody just as well."

Jury selection in Thomas' trial is scheduled to begin October 5. Judge Neilson said he will make a decision on the latest motions early next week.