Sadistic and crooked former judge walks free

[LadyShea]

Then his career collapsed under allegations that he brought inmates to his office and spanked them with a paddle. Later, an indictment accused him of sexually abusing male inmates in exchange for leniency. The trial on charges of sodomy, kidnapping, sex abuse, extortion, assault and ethics violations is set to start Monday.

Herman Thomas timeline: From prominent judge to defendant to acquittal | Breaking News from the Press-Register - al.com

Lagniappe: Thomas Found Not Guilty on All*Charges

I think taking inmates to his chambers to spank them is sufficiently odd that multiple people could not have made it up independently. I think he did it.

I have a feeling he'll fuck up somehow, and end up back on trial for some new thing, but it's disheartening that nothing stuck this time.

[ZEZOZE]

what's up with black judges named Thomas?

[livius drusus]

Neilson then, as a “matter of law,” found Thomas not guilty on all the remaining second-degree assault charges, determining that a paddle or a belt was not a dangerous instrument, and therefore did not meet the wording in the law. During the trial, Thomas’ defense team all-but-admitted the ex-judge had paddled or spanked the alleged victims, but had repeatedly said Thomas “wasn’t on trial for spanking anyone.”

Why not? If second degree assault charges didn't fit, why didn't the prosecutor charge him with lesser degrees of assault? Spitting on someone is assault. Surely paddling and spanking qualifies.

[LadyShea]

The whole thing is odd isn't it? To me, it's at the very least an abuse of authority.

[Dingfod]

Spitting on someone has become assault because of HIV. It was never considered assault prior to about 15-20 years ago that I know of.

Spanking, while somewhat painful, doesn't produce long-lasting harm, not like HIV in the eye might.

[Ari]

Assault is generally threatening violence even if the act was non harmful.
HIV doesn't transfer through saliva.

And yes, hitting someone with anything with intent to cause harm, discomfort, is generally considered assault, if not battery. Why he got off I don't know.

[livius drusus]

From what Google tells me, spitting is simple assault in some jurisdictions because it's "offensive touching". It's considered battery if it lands. HIV is only a factor if it's used as a threat or an indication of intent to cause harm, ie, "I'ma spit on you and give you AIDS."

[Dingfod]

Originally Posted by Ari

Assault is generally threatening violence even if the act was non harmful.
HIV doesn't transfer through saliva.

I know that, but there are a lot of people that don't.

Originally Posted by Ari

And yes, hitting someone with anything with intent to cause harm, discomfort, is generally considered assault, if not battery. Why he got off I don't know.

Like a burrito becomes a missile.

[LadyShea]

Interesting, some of the jury members are contesting the final verdict

Three members of the jury in the trial of former judge Herman Thomas are disputing the verdict read Monday in court.

One jury member tells LOCAL 15 News he and two other jurors are upset, and plan to meet at the District Attorney's office late this afternoon.

The juror claims the jury panel did not agree to the "not guilty" verdict on seven counts that were read in court. "We were railroaded," he says.

The judge ruled Thomas was also not guilty of the other fourteen counts against him, after the jury said they could not come to a consensus on those charges.

[Dingfod]

Juries get to appeal a judge's decision?

[LadyShea]

I dunno how that works, Ding

[livius drusus]

I think they're contesting the not guilty verdicts delivered by the jury, not the subsequent ones the judge delivered because the jury was hung.

[viscousmemories]

Originally Posted by livius drusus

Why not? If second degree assault charges didn't fit, why didn't the prosecutor charge him with lesser degrees of assault? Spitting on someone is assault. Surely paddling and spanking qualifies.

I think double-indemnity (or something) probably prevents prosecutors from just throwing charges at someone for the same crime until something sticks. I'm sure there's some reason they didn't go with a lesser assault charge to begin with, but I'm equally sure they knew they were taking a chance on the guy getting off (no pun intended) if they couldn't get a conviction for second degree assault.

[Clutch Munny]

I thought they could offer at least a few different charges and give the jury a chance to convict on lesser ones. But I am not a lawyer; in fact, I don't even pay really close attention to TV law shows.

[Garnet]

They can and they do. It's called racking and stacking.

[viscousmemories]

Maybe they didn't think anything less than second degree assault was worth it.