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?