DA made right decision in saying case is over

AT LEAST some of the jurors in the Herman Thomas trial now say they thought Mr. Thomas was guilty. But that doesn't matter.

The jury's verdict last Monday was "not guilty" on seven of the 21 charges that the former Mobile County circuit judge whipped and sexually abused jail inmates. When Special Judge Claud Neilson proceeded to throw out the remaining 14 charges, the case was concluded.

After three jurors later said the verdict may have been improper, District Attorney John Tyson Jr. was obligated to investigate. But when none of the three was willing to swear to the allegations, the DA was equally obligated to back off.

Many people in this community were astonished that of the more than 100 criminal charges that once stood against Mr. Thomas, he was convicted on none of them. But Mr. Tyson is right in saying that it's time to move on; the trial is over.

On the matter of the jury's deliberations, two points are clear.

First, prosecutors should have asked for the jury members to be polled individually after their verdict was read. The procedure, which is usually requested by the losing side, requires each juror to acknowledge in open court that he or she agrees with the verdict announced.

Had that common action been requested by the prosecution, jurors would have had an opportunity to speak up if they did not agree with what was said to be a unanimous decision, and any discrepancies could have been handled immediately.

Second, the protesting jurors have indicated that they thought Judge Neilson would declare a mistrial on the 14 charges on which the jury deadlocked.

Speculating on what's going to happen as a result of their decision is not the duty of jurors. A jury must reach a verdict based on what is presented in court and nothing else. Once a jury has reached a verdict, it has no control or authority over what happens next. Jurors don't get to ask for further review as if the trial were a football game.

Only the judge has that authority, and Judge Neilson ruled that the other 14 charges had not been proven.

Not only was the jury divided in the Herman Thomas case; much of the Mobile community also has been divided. But Herman Thomas has had his day in court, and he was acquitted. It is indeed time to move on.