Alabama Judge Herman Thomas has a problem. The Mobile County Circuit Judge was accused of checking inmates out of the Metro County Jail to exert control over them and force them into sexual activity. The judge was arrested on charges of kidnapping, sodomy, extortion, sex abuse and ethics violations. A special grand jury met and came back with 57 felony charges against Thomas, with the indictment including nine alleged victims, all of whom are current or former inmates.
All we can say is "wow."
Robert Clark, Thomas' attorney, alleges that the charges are all motivated by racism. Clark has referred to the Thomas case as a "high-tech lynching," and feels that the race and political affiliation of his client are the reasons for the charges.
The problem with the Thomas case is that this isn't the first time that the judge has been accused of this kind of behavior. Sexual abuse accusations were made by inmates in 1999 and 2001, but were later dismissed. Additionally, the fact that the grand jury came back with dozens of very serious felony counts implies that the trial (which begins today) is certainly warranted.
The local chapter of the NAACP is supporting Thomas in his fight, and I hope they are not supporting him just because they think he's innocent. If I were the president of the chapter, I would make two clear points:
1) We are only supporting his right to a fair trial, to ensure that the truth comes out for the public.
2) One form of potential racial bias in this case is that the light is being shined on Thomas' indiscretions, while the flaws of other officials could be getting overlooked. At the same time, should Thomas be found guilty, no one can condone such an egregious and disturbing abuse of judicial authority.
Dr. Wilmer Leon, a Political Science Professor at Howard University, had this to say:
"If the prosecution has this evidence and is letting the public know before the trial starts, they may very well have more damaging evidence in the bag. If what they have released proves not to be as portrayed, the prosecution could be in for a long day in court."
Dr. Leon also reminds us that Judge Thomas is innocent until proven guilty. No matter how damning or sensational the allegations might be, we cannot pass judgment on Thomas until the trial is over.
This case certainly brings forth some interesting questions for all of us to ponder:
1) If the allegations are found to be true, should we be concerned that prior accusations were ignored simply because the accusers were prison inmates? Many people are dismissing the witnesses and potential victims in this case because they are convicted prisoners. One then wonders if we've decided that those convicted of crimes should be stripped of their civil rights.
2) In light of the fact that there are typically volumes of complaints of prison rape and other forms of sexual abuse, what does this case say about the fight against sexual abuse of inmates in our criminal justice system?
Dr. Byron Price, an Associate Professor of Political Science at Texas Southern University, argues that cases like this might reflect problems in the entire criminal justice system.
"The misuse of power by officials or the judge allegedly in this case, harms the inmates and threatens the safety and security of the prisons," said Dr. Price, who has done extensive research on the criminal justice system. "These transactions also lead to corruption of prison officials which has been found to facilitate drug smuggling and weapons smuggling in prisons by compromised prison officials."
When it comes to Judge Herman Thomas and the allegations against him, the bottom line is this: The NAACP should be clear on exactly why they are defending Thomas. I assume they are not defending potentially abusive behavior on the part of the judge. The long list of allegations against Thomas gives tremendous credibility to the accusations. Similarly, even when the defendant is guilty and the accusations are heinous, we cannot ignore the role that race and politics might play in pointing the spotlight at one public official over another. At the same time, the inmates deserve to have their day in court, and Thomas should certainly be prosecuted.
Dr. Boyce Watkins is a Professor at Syracuse University, a leading black speaker and author of the forthcoming book, "Black American Money." To have Dr. Boyce commentary delivered to your email, please click here. 


Comments: (31)
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By: carla ford on 10/08/2009 10:47AM
@ Coy Watts
Good for you!
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By: gladys on 10/10/2009 10:55AM
That's wonderful idea!!! maybe you can take that funky attitude somewhere else. Did you come all the way to black voice just to make that comment? just asking
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By: Claire on 10/06/2009 11:30AM
If this is a conspiracy, it is a helluva one. I would hate to hear that this is true. But, anything is possible, and you never now what people will try to get away with behind closed doors. We live in a world were a man raped a 8 day old baby, anything is now possible.
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By: Redtopp on 10/06/2009 3:17PM
sad and sick if it's true; but usually where there's smoke....u know the rest; so why do they keep accusing this one particular man?
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By: lawmiss on 10/06/2009 7:06PM
betcha it's true!
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By: jessup1218 on 10/09/2009 6:21AM
It is a shame to see the NAACP has been reduced to defending negroes behaving badly, instead of improving civil rights
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By: dounotme82 on 10/06/2009 7:51PM
People shouldn't be committing unlawful acts to go to prison. So case closed on that one. As for the judge why is his face in the news there have been plenty of white judges receiving sexual favors for reduced sentences. Also, if he was so guilty, why wasn't he kicked off the bench long ago. He wouldn't be that stupid to be so uncareful if he was guilty of these acts in the first place. I think its a con and these convict just want attention. Why did they go along with the crap in the first place.
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By: cwatts on 10/07/2009 6:47PM
You are right. The naacp only wants rights for black people.It dont matter if they are guilty or not its the color of skin that matters, You white you wrong. You black you right.
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By: lindy on 10/07/2009 12:39PM
GOD don't like UGLY...true or not.This kinda stuff happens alot all over the world.The system is Messed Up,anyway you look at it.Seperate the prisoners,by the CRIME they Commit.One big prison for MURDER,one for RAPEST,one for ROBBERY,one for PETTY crimes,one for ANIMALS like him.....ONE
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By: cthrwhit on 10/08/2009 9:46AM
I agree 100 percent. Then there wouldn't be so many young people lives messed up. The system put them angry and bring them out if they make it out revenging seeking, and questioning who they are and what they are. Expecially when they are raped, abused etc. A robber have no reason to be with a murder or rapist but the system apparently do not care. The systems make more criminals and they know it. But when one of their own goes up are they placed in cells with rapist and murderers etc;? I pray justice is served.
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