Judge on Trial for Allegedly Sodomizing, Spanking Inmates

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Herman Thomas Mobile
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.

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