Pubdate: Wed, 16 Jul 2008 Source: Press-Register (Mobile, AL) Copyright: 2008 Mobile Register Contact: http://www.al.com/contactus/ Website: http://www.al.com/mobileregister/ Details: http://www.mapinc.org/media/269 Bookmark: http://www.mapinc.org/corrupt.htm (Corruption - United States) TAKE SECOND LOOK AT CASES Cedric Scott's request for a review of his prison sentence because of the alleged misconduct of former Mobile County Circuit Judge Herman Thomas could be an isolated case - or the tip of the iceberg. Mr. Thomas resigned in disgrace last year just ahead of a Court of the Judiciary trial on ethics charges that likely would have removed him from the bench permanently. But the nature of the 30 ethics charges and such sordid allegations as spanking jail inmates and trading sexual favors implied that some criminal defendants who appeared before Mr. Thomas might try to get cases reopened or sentences changed. Mr. Scott appears to be the first, and his case illustrates the potential legal difficulties of arriving at the truth. He has a history of convictions on drug charges and wants a review of his sentence. He claims that the former judge made two prison sentences run consecutively instead of concurrently because Mr. Scott refused to allow himself to be paddled by Mr. Thomas. Allegations that Mr. Thomas took inmates out of the Metro Jail for paddling sessions in a special room near his judicial chambers were arguably the most shocking of a slew of claims of misconduct. Others including taking cases from other judges without their knowledge, changing sentences and sometimes releasing inmates, and showing favoritism to well-connected defendants when on at least some occasions he should have recused himself. Some former defendants who had dealings with Mr. Thomas have claimed they were asked for sexual favors in exchange for "help" with their cases or with reduced sentences. Mr. Thomas has not been charged with a crime. There have been reports of both a federal investigation and a local one by District Attorney John Tyson Jr., but in the meantime, cases like Mr. Scott's are likely to come down to his word against the former judge's. The allegations are credible enough to warrant an investigation of cases in which defendants may have had ethically inappropriate contact with the judge. Just by taking over cases from other judges without their knowledge and in some cases changing sentences, Mr. Thomas raised questions about his motivation and ultimately about whether these defendants received fair and impartial treatment in the justice system. That's why we fear that Mr. Scott's request for a review of his sentence could be the beginning of numerous attempts by defendants to reopen old cases. In addition to claiming that the former judge was punitive because Mr. Scott refused to allow himself to be paddled, Mr. Scott also alleges that Mr. Thomas had personal contact with the defendant and his family. His is not the first such story. The question is, how many more inmates or former inmates like Cedric Scott are there? - --- MAP posted-by: Larry Seguin