Judge in Thomas case says he likely would have thrown out any convictions

If jurors in the Herman Thomas trial had returned any guilty verdicts, Special Judge Claud Neilson said Friday that he likely would have overturned them.

"I had some reservations early on about several of the charges, but I couldn't act until all the evidence was in," Neilson said. "I let a couple of the charges go to the jury simply because we'd been at it for almost three weeks. I wanted to see how they would rule after I instructed them on the law."

Thomas, a former circuit judge, was accused of paddling and sexually abusing young men who were facing jail time.

The Mobile County jury that heard his case last month acquitted him on five counts of sex abuse and one count each of sodomy and assault, but said it was deadlocked on 14 more allegations.

Neilson then ruled Thomas not guilty on the remaining counts — all felonies, including sex abuse, attempted sodomy and second-degree assault — citing a lack of evidence.

Neilson, a retired Marengo County circuit judge, presided at the trial after Thomas' former colleagues on the Mobile bench recused themselves.

On Friday, Neilson said that the evidence might have supported lesser misdemeanor charges of sexual misconduct and third-degree assault, but not felony counts.

Misdemeanors carry a one-year statute of limitation, and the alleged actions occurred several years ago, according to testimony.

Neilson said he likely would have overturned any guilty verdicts, and he considered granting an earlier defense motion for acquittal.

"I wouldn't have thrown the charges out if I had thought they had proved them," he said, referring to Mobile County prosecutors.

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