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Archive for category: Mobile

You are here: Home1 / Latest News2 / Alabama Law3 / Mobile
Maxine Walters Attorney Mobile, AL Dearman Law Firm FOX10

FOX10: “Oh, your booty is popping!”: Metro inmate allegedly says to jail nurse

February 27, 2023/in Alabama Law, Mobile, Sexual Misconduct/by Dearman Law Firm

MOBILE, Ala. (WALA) – A Mobile woman is charged with sexual misconduct after allegedly slapping a jail nurse on her bottom.

The allegations also included some comments about the nurse’s behind. The suspect’s defense attorney said she believed this is a waste of resources and money, but investigators disagreed.

Bethany Brewer, 42, was booked into Metro Jail last September on a public intoxication charge. It was during that booking process when, according to new court documents, Brewer committed the crime of sexual misconduct.

The alleged victim is a jail nurse.

According to the documents, she was assessing Brewer when she said quote, “Ms. Brewer tapped me on my left buttock twice in a slapping motion and commented, ‘Oh, your booty is popping!’”

The nurse said she immediately moved Brewer’s hand from her body and told her not to ever touch her again. That nurse is now pressing charges which lead to Brewer being booked earlier this month.

Brewer’s defense attorney, Maxine Walters, said going to court for this class a misdemeanor is unnecessary.

“For this to be something that taxpayer dollars are going to, that people have to hire lawyers for and go to court for and drag this out for several months, it doesn’t warrant that type of response,” said Walters. “I think there are a lot more serious issues that should be focused on here in Mobile versus the allegations in this case.”

FOX10 News received this statement from Mobile County Sheriff Paul Burch:

“We have a zero tolerance and mandatory reporting policy for sexual harassment within Mobile County Metro Jail.”

Brewer’s arraignment is set for Wednesday.

—

By Lacey Beasley
Published: Feb. 27, 2023 at 9:44 PM CST
Original Article is found here.

https://www.dearmanlawfirm.com/wp-content/uploads/2023/03/maxine-walters-attorney-mobile-alabama-dearman-law-firm.png 1024 1817 Dearman Law Firm https://dearmanlawfirm.com/wp-content/uploads/2018/09/dearman_lawfirm_logo-horizontal-mobile-alabama-federal-criminal-defense-attorney-1030x315.png Dearman Law Firm2023-02-27 21:24:362023-03-02 20:49:33FOX10: “Oh, your booty is popping!”: Metro inmate allegedly says to jail nurse
Chase Dearman appears on FOX10 TV WALA

FOX10: Testimony: Mobile woman lured shooting victim into van to set up robbery

January 31, 2023/in Alabama Law, District Court, Felony Charges, Mobile, Murder/by Dearman Law Firm

MOBILE, Ala. (WALA) – A woman charged with helping to set up a robbery that led to a fatal shooting last year lured the victim from a Tillman’s Corner motel room, a police investigator testified Tuesday.

Detective Rory Graves, of the Mobile Police Department, said surveillance video from the motel on April 26 shows Dejean Washington getting into a van driven by Maranda Shardae Gamble. He testified that a passenger in the vehicle is not visible in the video but that investigators believe it was Jermi Anrichio Adams, who is accused of firing the fatal shots.

Mobile County District Judge George Zoghby ruled Tuesday that prosecutors had presented enough evidence for a grand jury to consider indictments against Adams, 28, for murder and Gamble, 21, for felony murder.

“There’s a couple different locations involved here,” Mobile County District Attorney Keith Blackwood said outside the courtroom.

The victim and the two defendants knew one another, but the precise nature of their relationship remains unclear. Graves testified that Gamble gave conflicting information to authorities but eventually said that she overheard a conversation between Adams and someone else talking about a robbery.

Graves testified that Gamble believed the three were going to go to New Orleans first and then would return to the Prichard area but that they ended up going directly to the Plateau community. At that point, Gamble told investigators, Adams pulled out a gun and that Washington tried to grab it. She also told investigators that Adams pointed the gun at her, according to the testimony.

Police responding to Center Street and Wood Alley that evening found the 34-year-old’s body on the ground with four gunshot wounds. Graves testified that investigators found nine 9mm shell casings but not the murder weapon.

Gamble’s attorney, Chase Dearman, pressed Graves during cross-examination about whether there is any evidence suggesting his client fired the gun.

“To my knowledge, no,” the detective acknowledged.

Police put out a Be-On-The-Lookout for a van driving by Gamble, and sheriff’s deputies in Georgia arrested her during a traffic stop early the next morning. She was not charged, however. Graves testified that investigators wanted to talk to her but that she was not at that time a suspect.

Charges did not come until after police arrested Adams this month and Gamble earlier this month.

“Maranda Gamble is charged with felony murder because we believe that evidence tends to show that she intended to participate in the robbery that then led to the death of the victim in this case,” Blackwood said.

But Dearman said after the hearing that Gamble was not part of any criminal plot.

“In that car ride, my client overheard something to do with a robbery,” he said. “And she didn’t know when or how it would ever take place. They go to a place. They get out of a car. The guy pulls a gun, starts shooting and both the victim and my clients start running. And that’s the simplest of it.”

Under felony murder law, a person can be convicted if prosecutors prove that he or she was committing a crime – in this case robbery – that led to the victim’s death.

Graves also testified that text messages from Gamble’s cell phone indicate that she was in on the robbery planning. But Dearman argued that it was Adams using her phone.

Dearman sought to dispute any suggestion that Gamble was fleeing when deputies on Georgia’s Coweta County pulled her over at about 3 a.m. He said that is where his client’s mother lives.

“She was simply going home,” he said.

—

Original Article found here.
By Brendan Kirby
Published: Jan. 31, 2023 at 5:25 PM CST

https://www.dearmanlawfirm.com/wp-content/uploads/2023/02/chase-dearman-defense-attorney-mobile-al-fox10.png 1024 1830 Dearman Law Firm https://dearmanlawfirm.com/wp-content/uploads/2018/09/dearman_lawfirm_logo-horizontal-mobile-alabama-federal-criminal-defense-attorney-1030x315.png Dearman Law Firm2023-01-31 17:25:512023-02-22 19:21:27FOX10: Testimony: Mobile woman lured shooting victim into van to set up robbery
Chase Dearman Mobile AL NYE Attorney DUI

NBC15: NYE shooter held without bond under new Aniah’s Law

January 12, 2023/in Alabama Law, Felony Charges, Mobile, Murder/by Dearman Law Firm

MOBILE, Ala. (WPMI) — The accused killer in the New Year’s Eve mass shooting in downtown Mobile will be held without bond under Aniah’s law, which aims to keep particularly dangerous and violent offenders off the streets. A detention hearing was held Thursday afternoon for Thomas Thomas, who is accused of opening fire on Dauphin Street and killing Jatarius Rieves.

A homicide detective testified 22 shots were fired that night. The call to police came in at 11:14 PM. Four officers were in the immediate proximity. In total, 10 people were shot. One of the shooting victims told the detective it sounded like a machine gun. Police testified Thomas had a 40 caliber Glock handgun with an extended clip and modified it illegally by putting a switch on it, which turns semi-automatic guns into automatic ones. Police say ballistic evidence shows he fired 16 of the 22 shots. One of those struck Jatarius Rieves in the head. Another person 23-year-old Morgan Peters fired back 6 shots. He was also critically wounded.

Surveillance video captured the shooting and moments leading up to it. Both sides conceded the incident appeared to begin with words exchanged. But the defense claims after those words were exchanged, Rieves was the aggressor, and Thomas acted in self-defense.

“He said, ‘I’m going to shoot.’ I don’t wish to cuss on the news, but ‘I wish to shoot you.’ And then when he came back, pull this up. He thought he was pulling the gun to shoot it. I mean, it’s that simple. And unfortunately, not only is he denied bond, but he’s not going to be able to get an immunity hearing until he gets to circuit court,” said defense attorney Chase Dearman.

The court room was packed, and there were some tense moments in court. The judge ordered no contact between the two sides. The Public Safety Director, as well as Mobile Police Chief Paul Prine were in attendance, which is unusual for pretrial hearings.

“This is a new law and we want to make sure certainly that the judicial system, we want to make sure that the prosecutors are understanding just how important this law is for us and certainly for Mobilians here in the city,” said Prine.

The detention hearing district court also served as Thomas’ preliminary hearing. The case will now go to a grand jury. Thomas’ defense attorney says he plans to appeal the no bond order.

—

Original Article found here.
By Andrea Ramey
Thursday, January 12th 2023

https://www.dearmanlawfirm.com/wp-content/uploads/2023/02/Chase-Dearman-Mobile-Alabama-NYE-Attorney-DUI.png 1024 1921 Dearman Law Firm https://dearmanlawfirm.com/wp-content/uploads/2018/09/dearman_lawfirm_logo-horizontal-mobile-alabama-federal-criminal-defense-attorney-1030x315.png Dearman Law Firm2023-01-12 17:52:582023-02-22 19:59:09NBC15: NYE shooter held without bond under new Aniah’s Law
Chase Dearman Criminal Defense AttorneyWALA

FOX10: Fentanyl from I-10 seizure was enough to kill 1.5 million people, Mobile County prosecutor says

October 20, 2022/in Alabama Law, Alabama Supreme Court, District Court, Drug Charges, Mobile, Murder/by Dearman Law Firm

MOBILE, Ala. (WALA) – A pair of California men on Wednesday pleaded not guilty to drug trafficking and possession charges related to what authorities say was the largest fentanyl bust in Mobile County’s history.

Lener Daneski Jiron Solies, 27, of Norwalk, Calif., and Zeshan Malik Fayyaz, 26, of Hawthorne, Calif., appeared remotely via video hookup from Mobile County Metro Jail. Mobile County District Judge George Zoghby left in place bonds of $1.5 million each. The order requires those bonds to be paid in cash, a condition that the defendants’ lawyers said is tantamount to denying bail.

In a sign of how significant prosecutors consider the case, Mobile County Chief Assistant District Attorney Keith Blackwood personally handled the arraignment. He told Zoghby that the seized fentanyl bricks exceeded 3 kilograms, an amount he said could produce 1.5 million lethal doses.

“Fentanyl is presenting us with a complete paradigm shift,” Blackwood told the judge, later adding, “As bad as cocaine is, as bad as meth is, as bad as heroin is, fentanyl is a game-changer. People are dying from it every day.”

The arrest occurred on Oct. 8, hours after the Mobile County Sheriff’s Office announced an unrelated fentanyl bust at the Dreamland Skate Center in Tillman’s Corner.

According to authorities, Solies was driving a rental car when deputies pulled the vehicle over on Interstate 10 near the Dauphin Island Parkway exit for an expired tag. Blackwood said a drug-sniffing dog alerted to the presence of narcotics and that a subsequent searched turned up the fentanyl, along with 3 grams of cocaine.

Blackwood said Solies did not have a driver’s license. He said the defendants later told investigators that they were driving from the Los Angeles area to Pensacola.

Blackwood argued for maintaining the initial bonds set by Mobile County District Judge Spiro Cheriogotis. He said the defendants have no ties to Mobile County and face, based on the volume of fentanyl, a mandatory sentence of life in prison if convicted. He also reiterated how deadly the drug is.

“That’s why it is so dangerous,” he said. “That’s why every aspect of the criminal justice system must take fentanyl prosecutions seriously.”

Chase Dearman, an attorney for Solies, objected to Blackwood’s characterization of how many people the drugs would kill.

“There is no chart that I’m aware of that’s been accepted in a court of law that converts a certain weight of a certain substance to a number of deaths,” he said.

Dearman acknowledged that fentanyl is a dangerous drug but added, “All drugs are dangerous. All of them are.”

Dearman said that although his client is accused of transporting drugs, no one has alleged that he is a drug dealer.

“My client is not guilty,” he said outside the courtroom. “He’s not admitting to anything at this time. Period.”

Stewart Hanley, an attorney for Fayyaz, said his client is the son of immigrants with no criminal record and a consistent work history. He noted that the defendant’s parents were in court Wednesday and argued that a $75,000 bond with electronic monitoring and other conditions would be more appropriate.

“He’s a 26-year-old born and raised in the U.S. … This is a young man with no criminal history,” he said.

A woman identifying herself as the defendant’s sister said, “We would take full responsibility.”

Dearman told the judge that he intends to wait until after the preliminary hearing to revisit bond, but he said after the hearing that $250,000 would be fair. He noted that the current $1.5 million is equivalent to the maximum bond amount set by the Alabama Supreme Court in murder cases.

“My client didn’t murder anybody,” he said. “And at this stage of the game, the law simply states he’s presumed innocent, and he should be entitled to a reasonable bond. There is no way he can afford a $1.5 million cash bond. Very few people can.”

https://www.dearmanlawfirm.com/wp-content/uploads/2022/10/Chase-Dearman-Criminal-Defense-Attorney.png 1024 1827 Dearman Law Firm https://dearmanlawfirm.com/wp-content/uploads/2018/09/dearman_lawfirm_logo-horizontal-mobile-alabama-federal-criminal-defense-attorney-1030x315.png Dearman Law Firm2022-10-20 07:16:292022-10-20 07:18:56FOX10: Fentanyl from I-10 seizure was enough to kill 1.5 million people, Mobile County prosecutor says
Mobile Alabama Wrong Way Driver Fatality to Grand Jury

FOX 10: Judge sends allegations of Mobile wrong-way driver fatality to grand jury

April 15, 2021/in District Court, Alabama Law, Manslaughter, Mobile, Vehicular Homicide/by Dearman Law Firm

MOBILE, Ala. (WALA) – A Semmes man traveling north in Schillinger Road drifted into the southbound lane and collided with an oncoming vehicle, killing the other driver, a police investigator testified Monday.

After hearing the evidence, Mobile County District Judge George Zoghby sent the homicide by vehicle charge against John Criswell IV, 22, to a grand jury to consider an indictment.

During Monday’s hearing, defense attorney Chase Dearman repeatedly pressed Mobile police investigator Wildfredo Fernandez about whether he determined if alcohol was a factor or if Criswell had suffered a medical emergency.

That line of questioning brought an objection from Assistant District Attorney Jennifer Wright. She noted that prosecutors have not alleged an alcohol-related offense in the criminal complaint, only that Criswell caused a death by violating a traffic rule.

“Not part of the charge,” she said. “Not relevant to probable cause.”

But Dearman pointed out that prosecutors during Criswell’s bond hearing had made a point to say that he had just left a bar on the early morning of Jan. 31.

The judge allowed Fernandez to answer a question about whether surveillance video indicated that Criswell was impaired.

“There’s no way I can tell whether he was impaired or not,” he said.

Fernandez testified that Criswell traveled about 1,700 feet from a self-storage facility to the point of impact. He said the car was traveling an estimated 58 mph. He said the driver of the other car, which was going about 39 mph, seemed to try to avoid the collision.

“It does appear she swerved because the majority of the damage, I believe, was on the passenger side,” he said.

Dearman told FOX10 News outside the courtroom that client is a law-abiding citizen.

“He’s a good young man,” he said. “He’s had steady employment, and he is well-liked and actually loved in the community. And he’s never been in trouble before in his life.”

Dearman declined to discuss whether Criswell was suffering some sort of medical crisis on the morning of the accident but faulted investigators for not pursuing that possibility. He characterized the wreck as an accident.

“It seemed very evident that they have not looked to see whether or not there was any kind of medical emergency, whether or not there was a malfunction in the vehicle,” he said. “But the officer did testify by looking at three cameras, which tracked his pattern coming down, and he did not see him driving any way erratic or anything like that.”

Original article at: FOX10

https://www.dearmanlawfirm.com/wp-content/uploads/2021/05/Mobile-wrong-way-driver-fatality-to-grand-jury.png 826 1468 Dearman Law Firm https://dearmanlawfirm.com/wp-content/uploads/2018/09/dearman_lawfirm_logo-horizontal-mobile-alabama-federal-criminal-defense-attorney-1030x315.png Dearman Law Firm2021-04-15 15:44:572021-05-01 15:50:04FOX 10: Judge sends allegations of Mobile wrong-way driver fatality to grand jury
Chase Dearman, Dearman Law Firm, Attorney - Mobile, AL - Client Charles Robinson Charges Dismissed

Dearman Gets Robinson Distribution Charges Dismissed

March 5, 2021/in District Court, Alabama Law, Drug Charges, Mobile/by Dearman Law Firm

Mr. Charles Robinson faced two felony charges of unlawful distribution of a controlled substance and a probation revocation due to those charges. On March 4, 2021, after a lengthy preliminary hearing, Judge Hardesty dismissed both charges. Mr. Robinson’s probation was terminated later that same day and Mr. Robinson was released from custody.

If you are facing a criminal charge in Municipal Court, State Court or Federal Court because of a crime in Mobile and Baldwin Counties, or anywhere in the State of Alabama, put The Dearman Law Firm’s years of experience to work for you. Call attorney Chase Dearman today and discuss your legal situation. Don’t wait. Call us at 251-445-6997 before things get out of hand. If you need an attorney in Mobile, Alabama, call us. We’re here to help you with your legal and federal charges in Alabama and the United States District Court. Our goal is to have your charges dismissed.

https://www.dearmanlawfirm.com/wp-content/uploads/2021/03/chase-dearman-attorney-charles-robinson-mobile-alabama.jpg 1024 1638 Dearman Law Firm https://dearmanlawfirm.com/wp-content/uploads/2018/09/dearman_lawfirm_logo-horizontal-mobile-alabama-federal-criminal-defense-attorney-1030x315.png Dearman Law Firm2021-03-05 16:57:012021-03-05 16:57:01Dearman Gets Robinson Distribution Charges Dismissed
Mobile Alabama Federal Criminal Defense Attorney OfficeDearman Law Firm

FOX 10: Brother of man shot by Mobile police made threats from jail, prosecutors say

February 9, 2021/in Alabama Law, District Court, Mobile, Murder, Robbery/by Dearman Law Firm

MOBILE, Ala. (WALA) – The brother of a man shot to death by police on Thursday made threatening comments after his arrest, prosecutors said Monday.

Mobile County District Judge Spiro Cheriogotis ordered Tyhre Webster, 22, to remain in jail at least until a court hearing on Feb. 22 to consider a prosecution request to revoke Webster’s bond on a charge of shooting into an occupied vehicle.

A Mobile County police detective testified Monday that Webster made threats against police during a hone call from the jail, where police had booked him on charges of threatening a witness and reckless endangerment.

“There was evidence presented today of a phone call that Tyhre made from Metro Jail, where he indicated that he was going to harm the police if he should get out,” Mobile County Chief Assistant District Attorney Keith Blackwood told FOX10 News. “That evidence was presented to the judge, and based on that and every other factor that we have in this case, we asked that he be held with no bond, and the judge agreed and held him in that bond.”

Webster’s attorney, Chalea Tisdale, had a case in federal court on Monday. Lawyer Chase Dearman, who was standing in for her in Mobile County District Court, argued to the judge that Webster’s comments should be viewed in light of his raw emotions

“His brother was shot and killed by police,” he said. “His mother was shot in the foot.”

Mobile Police Chief Lawrence Battiste has said investigators believe Dearman said Treyh Webster shot at police as they tried to serve warrants on Thursday at the house on Lakeview Drive East. The chief told reporters that the SWAT team returned fire, killing Webster. He also said investigators believe Webster accidentally shot his mother’s foot.

The woman, Georgette Sons, told FOX10 News on Sunday that she does not believe police were justified in shooting her son. She said police should simply have knocked on the door.

In court Monday, Dearman said Tyhre Webster’s statements during the jail phone call were general in nature.

“There was no direct threat. … It was just a general situation,” he said.

Tisdale told FOX10 News that she intends to oppose the motion to revoke Webster’s bond. She said she understands her client said something to the effect of, “I’m not going to let them get away with it” during a conversation with his girlfriend’s mother.

“None of the family wants that to happen,” she said. “They all want justice. … I do not consider that a threat.”

Tisdale said the phone call took place the day after her client’s brother died.

“He was distraught,” she said.

Tyhre Webster stands charged with intimidating a witness and reckless endangerment. Those charges were the basis of arrest warrants police were trying to serve both Webster brothers on Thursday. Prosecutors allege that both brothers last month tried to ram the victim of a robbery committed by Treyh Webster. Treyh Webster fired five shots into the air, according to the allegations.

Prosecutors contend the encounter was an attempt to pressure the victim into not testifying.

—

Original found on Fox 10

https://www.dearmanlawfirm.com/wp-content/uploads/2020/07/mobile-alabama-federal-criminal-defense-attorney-office.jpg 1024 1820 Dearman Law Firm https://dearmanlawfirm.com/wp-content/uploads/2018/09/dearman_lawfirm_logo-horizontal-mobile-alabama-federal-criminal-defense-attorney-1030x315.png Dearman Law Firm2021-02-09 01:05:262021-05-01 15:35:42FOX 10: Brother of man shot by Mobile police made threats from jail, prosecutors say
Police Cars at Police SceneWPMI NBC 15

NBC: Exclusive NBC 15 Obtains Report Showing How Much Law Enforcement Seized

June 17, 2020/in Civil Asset Forfeiture, Alabama Court of Criminal Appeals, Alabama Law, Baldwin, Circuit Court, Mobile/by Dearman Law Firm

MOBILE, Ala. (WPMI) — The state is shining the light on what’s been criticized as the secretive practice of civil asset forfeiture, where police can take what’s yours if they believe it’s tied to criminal activity even if no criminal charges are ever filed. State law now requires more transparency. NBC 15 News has obtained a copy of the first state report released showing how much and what was seized in Alabama.

“If they find cash in a search warrant, they will take it,” said defense attorney Chase Dearman.

As was the case in 2013 when Mobile Police seized $15,000 from William Anderson’s home. The state had to give it back after the Alabama Circuit Court of Appeals later found the money was “illegally obtained” because the search warrant was “improperly executed.”

“This is the United State of America. It’s called due process,” said Dearman.

Dearman is highly critical of civil assets forfeiture and has successfully fought against it. In another case, he says police seized hundreds of thousands from a drug suspect who just so happened to have also won a large worker’s compensation settlement.

“And he had it in his shoe box, and they took every bit of it despite the fact he had documentation of the source of the income,” said Dearman.

A new report that’s now mandated by law to be published shows Alabama last year seized $4.8 million. District attorneys and the arresting agencies keep all of it. The report also shows 470 weapons were seized, 94 in Mobile County alone. That was the highest of any county in the state.

“It’s a very important law enforcement tool that can be used to protect the public. I don’t think anybody wants a drug dealer to profit from what he’s doing,” said Baldwin County District Attorney Robert Wilters.

Wilters has a very simple counter to critics of civil assets forfeiture.

“If we can’t prove our case, we don’t win. We don’t get it,” said Wilters.

Wilters also believes more transparency with reports like this will lead to less distrust of law enforcement.

“The only way we can do that is get the facts to the public,” said Wilters.

To view the full report, click here.

https://www.dearmanlawfirm.com/wp-content/uploads/2020/06/civil-asset-forfeiture.png 1024 1828 Dearman Law Firm https://dearmanlawfirm.com/wp-content/uploads/2018/09/dearman_lawfirm_logo-horizontal-mobile-alabama-federal-criminal-defense-attorney-1030x315.png Dearman Law Firm2020-06-17 19:39:382020-06-17 19:39:38NBC: Exclusive NBC 15 Obtains Report Showing How Much Law Enforcement Seized
chase dearman elingzhmDearman Law Firm

Chase Dearman Wins Drug Trafficking Appeal, Life Sentence Reversed

May 29, 2020/in Alabama Court of Criminal Appeals, Alabama Law, Circuit Court, Drug Charges, Mobile/by Dearman Law Firm

On May 29th, 2020, the following Conclusion was issued from a ruling by the ALABAMA COURT OF CRIMINAL APPEALS on the matter of CR-18-0332 Ezingim Demetrius Earl v. State of Alabama as stating the following:

Because the affidavit lacked sufficient probable cause to support the issuance of a search warrant for apartment 206, the circuit court should have granted Earl’s motion to suppress the evidence found in apartment 206. We therefore reverse the judgment of the circuit court and remand this case for further proceedings. In doing so, we note that Earl was originally charged with nine counts but that, because Earl agreed to plead guilty to one count of trafficking in marijuana, the State dismissed eight counts. Because this Court holds that the circuit court erred in denying Earl’s motion to suppress as to the apartment, this Court is also setting aside Earl’s guilty-plea conviction for trafficking in marijuana and his resulting sentence of life in prison.

Chase Dearman reverses a life sentence for trafficking marijuana conviction for 27.5 pounds of marijuana. William K. Bradford and Mr. Chase Dearman successfully argued that the search conducted by the police was illegal. The entire ruling by the ALABAMA COURT OF CRIMINAL APPEALS may be read here.

At The Dearman Law Firm, there’s not a criminal case we won’t handle. From drug felonies to all other criminal charges, give us a call and set up a free consultation.

Chase Dearman of the Dearman Law Firm is a Mobile, Alabama criminal defense attorney handling state and federal criminal cases in Mobile County, Baldwin County, and South Alabama. He has successfully defended countless clients in trials and appeals on all manner of criminal charges.

CONTACT CHASE DEARMAN AT THE DEARMAN LAW FIRM
(251) 445-6997

https://www.dearmanlawfirm.com/wp-content/uploads/2020/05/dearman-elingzhm.jpg 646 1034 Dearman Law Firm https://dearmanlawfirm.com/wp-content/uploads/2018/09/dearman_lawfirm_logo-horizontal-mobile-alabama-federal-criminal-defense-attorney-1030x315.png Dearman Law Firm2020-05-29 18:40:512020-06-19 15:17:48Chase Dearman Wins Drug Trafficking Appeal, Life Sentence Reversed
Alabama Supreme Court

LAGNIAPPE: Judge, lawyer take war of words to Montgomery

November 13, 2019/0 Comments/in Alabama Law, Alabama Court of Criminal Appeals, Alabama Supreme Court, Circuit Court, Mobile, Murder/by Dearman Law Firm

“OK, Let me know when I can speak.”

“If you’re going to make an objection, you’re not going to speak.”

“May the record reflect that I’m not allowed to make…”

“Get him out of here. Take the lawyer out. Get out.”

“May the record reflect…”

“Get out.”

“… that I’m being ordered out of the courtroom…”

“Get out.”

“… and the judge has lost his temper…”

“Get out.”

“…. Again.”

“Get out. Take him back.”


From Lagniappe Mobile: Posted by Jason Johnson | Nov 6, 2019 | Bay Briefs

That was the official court transcript from a heated exchange in February between Mobile County Circuit Judge Jim Patterson and local defense attorney Chase Dearman after a probation revocation hearing for one of Dearman’s clients appears to have run entirely off the rails.
The incident led to Dearman being held in contempt by Patterson, and since then, the issue has been appealed, remanded, affirmed and appealed again all the way up the Alabama Supreme Court. It’s one of two cases Dearman has challenged from Patterson’s courtroom and taken up to the high court this year.

Both he and Patterson declined to speak on the record, though much has been laid out in public filings.

The contempt case started during a probation revocation hearing for one of Dearman’s clients who was allegedly found in possession of synthetic marijuana. At the hearing, Dearman objected to a patrol officer positively identifying the substance he found in his client’s car, claiming the officer had “no training in narcotics whatsoever” and that synthetic marijuana was not “regularly identifiable.”

Patterson shot down the objection and maintained the rules for a trial wouldn’t apply during a simple probation hearing, and that the officer was allowed to testify to what he found during a traffic stop. Still, Dearman wanted to object in order to preserve the issue for the record and persisted.

That’s where things seemed to go awry.

According to the transcript, when Dearman tried again to get his objection on the record, Patterson told him “there was no objection” and then repeatedly stated “the rules don’t apply” over Dearman’s continued efforts to support his position. It doesn’t appear Patterson formally overruled the objection.

Patterson later wrote that he threw Dearman out of court because he felt his conduct was “a challenge to the court’s authority” and it was necessary to “promptly punish” him for the behavior. Dearman disagreed and quickly appealed to the Alabama Court of Criminal Appeals.

That appeals court found Patterson erred because he never actually told Dearman he was being held in contempt while kicking him out of the courtroom, and because he didn’t allow him “a reasonable opportunity” to excuse or mitigate his actions. However, after it was remanded back to Patterson and a hearing was held to correct those procedural concerns, the appeals court upheld the contempt charge.

Dearman has argued he couldn’t have been challenging Patterson’s ruling on his objection because Patterson never made one saying instead that “there is no objection.” The next stop was the Alabama Supreme Court, which is currently considering an appeal of the lower appellate court’s decision.

It’s worth noting Dearman has had issues with other judges this year as well. In April, District Judge Joe Basenberg held him in contempt and actually briefly detained him for an alleged comment he made after a ruling denying a motion to adjust the conditions of one of his client’s bonds.

Basenberg claims that after his order, Dearman immediately said in open court that the court’s decision was “ridiculous” or “absolutely ridiculous.” Basenberg went on to state that “both the manner and tone of the statement displayed an extreme level of insult and disrespect to the court.”

The other case involving Patterson that Dearman has appealed to the supreme court is also pending, but it has already led to an accused murderer being released from jail. In that case, Dearman claims Patterson revoked a client’s bond “without any legal basis” over his concerns with local court funding.

That client, Calvin Barnes, was charged with murder in 2016 for allegedly killing his brother-in-law, Eric Smith. He was initially scheduled to go on trial in 2018, but was delayed on multiple occasions, some at Barnes’ request and some at the state’s. Eventually, the trial was reset for May 13 in Patterson’s court.

However, three days before the trial began, Barnes made the decision to drop Dennis Knizley as his attorney and replace him with Dearman, who at the time was still in the middle of his appeals battle with Patterson over the contempt charge mentioned above. Patterson perceived the change of attorneys as an effort to delay the case and revoked Barnes’ bond despite the state never asking him to do so.

“This has the feel of the purpose to delay the inevitable. That’s what it feels like to me,” Patterson said at the hearing that day. “And so, frankly, I’m going to revoke his bond because I think — we are too broke. This circuit is too broke to [allow] another precious trial setting to pass.”

Court funding has been a significant focus for Patterson, who has drawn attention on several occasions by stating publicly that the local judicial system is “dead ass broke.” He also attempted to take legal action against the state last year to prevent money collected in local courts from going to the general fund in Montgomery — an effort that led to him being sternly admonished by the Supreme Court in June.

In the Barnes’ case, Patterson set a bond revocation hearing the day after he’d already ordered the bond revoked, which is allowed under the rules of criminal procedure. At the hearing, Patterson himself seemed to acknowledge he was getting into uncharted territory by revoking Barnes’ bond of his volition.

“I will tell you on the record that I did some research yesterday, and I don’t know that there’s any precedent for what I did. This may be an issue of first impression,” the transcript reads. “I stand on the record that I made yesterday about how this case proceeded. I stand on the record about the defendant terminating Mr. Knizley, who has an excellent reputation as attorney, on the eve of trial.”

Last month, the Alabama Court of Criminal Appeals stayed Patterson’s order revoking Barnes’ bond as it considers Dearman’s appeal of the decision. He has since been released from custody at Mobile Metro Jail and has a new trial date set in 2020. Dearman withdrew from his case altogether in August.


Update: After this article was published, Dearman sent the following comment on his contempt previous charge in Judge Basenberg’s courtroom.

“The law of contempt clearly states the attorney shall be given an opportunity to mitigate his actions. The reason for that mitigation is to allow things to cool down. An adversarial proceeding can make for a heated atmosphere. The actual freedom of a citizen is at stake. After five minutes, that is exactly what happened. Both the judge and myself settled down. Although I don’t believe my conduct met the definition of contemptuous, I was wrong and Judge Basenburg was right to call me out on it. I have the utmost respect for Judge Basenburg personally and as a judge.”

https://www.dearmanlawfirm.com/wp-content/uploads/2019/11/Alabama-Supreme-Court.jpg 492 1024 Dearman Law Firm https://dearmanlawfirm.com/wp-content/uploads/2018/09/dearman_lawfirm_logo-horizontal-mobile-alabama-federal-criminal-defense-attorney-1030x315.png Dearman Law Firm2019-11-13 15:25:132019-11-13 15:31:13LAGNIAPPE: Judge, lawyer take war of words to Montgomery
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Chase Dearman and Maxine Walters of the Dearman Law Firm handles trials and appeals in the following areas:

birmingham, alabama, homewood, alabama, hoover, alabama, vestavia, alabama, mountain brook, alabama, leeds, alabama, gardendale, alabama, fultondale, alabama, pelham, alabama, alabaster, alabama, tarrant, alabama, trussville, alabama, anniston, alabama, gadsden, alabama, tuscaloosa, alabama, huntsville, alabama, decatur, alabama, montgomery, alabama, cullman, alabama, mobile, alabama, dothan, alabama, troy, alabama, enterprise, alabama, bessemer, alabama, adamsville, alabama, columbiana, alabama, jefferson, shelby, st. clair, walker, bibb, chilton, tuscaloosa,madison, montgomery, calhoun, tallapoosa, talladega, winston, coffee, covington, dale, lawrence, lauderdale, colbert, limestone, marshall, blount, fayette, marion, morgan, cleburne, pickens, coosa, clay, geneva, pike, crenshaw, cullman, baldwin, mobile, escambia, wilcox, florence, alabama, federal court northern district of alabama, federal court middle district of alabama, federal court southern district of alabama, federal court eleventh circuit court of appeals, alabama court of criminal appeals, alabama court of civil appeals, supreme court of alabama
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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
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The Alabama State Bar requires the following statement: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship is established.
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