Former Barbour County Sheriff Leroy Upshaw sentenced for ethics offense
On Friday, Alabama Attorney General Steve Marshall (R) announced that former Barbour County Sheriff Leroy Davis Upshaw had been sentenced for using his office for personal gain. Upshaw, age 52, lives in Eufaula. He was sentenced to 10 years split to serve three years in the Alabama Department of Corrections for violating Alabama’s Ethics laws. The court ordered that Upshaw serve his three-year sentence in Barbour County Community Corrections – avoiding prison time. The court also ordered him to pay a $30,000 fine. Upshaw pled guilty to the Ethics charge on June 27. In March of 2021, a Barbour County Grand Jury indicted Upshaw following an investigation by the Alabama Attorney General’s Special Prosecutions Division. Upshaw served the people of Barbour County as Sheriff for twelve years from January 2007 to January 2019. He lost a re-election bid in 2018. At the sentencing hearing, a Special Agent with the Attorney General’s Special Prosecutions Division testified that Upshaw stole $32,135.85 by writing checks to himself and having a subordinate write checks to him. Prosecutors say that these checks were then drawn off Sheriff’s Office funds meant for law enforcement purposes and for the care of the inmates of the Barbour County jail. The Alabama Department of Examiners of Public Accounts originally found Upshaw personally liable for $29,000 and told him to repay it. Instead of coming up with the money to pay the debt personally, Upshaw repaid the Sheriff’s Office with $29,000 of Sheriff’s Office funds. The Alabama Ethics Commission referred the case to the AG’s office for prosecution. The theft and subsequent cover-up formed the basis for Upshaw’s conviction and the sentence Upshaw received last week. The Attorney General thanked the Alabama Department of Examiners of Public Accounts for their assistance in this case. General Marshall also commended the Special Agents of his Special Prosecutions Division, who investigated the case, as well as Assistant Attorneys General Jasper B. Roberts, Jr., James R. Houts, and Nathan W. Mays, who prosecuted it. Marshall’s office has also successfully prosecuted former Clarke County Sheriff William Ray Norris and former Limestone County Sheriff Mike Blakely. Steve Marshall has been attorney general since his appointment by then-Governor Robert Bentley (R) in 2017. He was subsequently elected as attorney general in 2018 and re-elected in 2022. Marshall served as the district attorney for Marshall County prior to his service as AG. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Judge dismisses appeal by Alabama ex-sheriff Mike Blakely to have theft and ethics conviction overturned
Former Limestone County Sheriff Mike Blakely has lost his latest appeal to have his theft and ethics conviction and jail sentence overturned. Circuit Judge Tim Jolley dismissed Blakely’s post-trial appeal on Saturday. Blakely argued the retired judge, who was appointed to preside over his trial, was not qualified because her membership had lapsed with the Alabama Bar Association. Jolley ruled that her appointment was proper. A jury in 2021 found the longtime sheriff guilty of charges of theft and using his office for personal gain. After nearly 40 years in office, Blakely was removed from his position as sheriff following the conviction. The two convictions arose from accusations that Blakely helped himself to no-interest loans from a jail safe used to hold inmates’ money and that he deposited $4,000 in campaign funds into his personal account. Blakely was sentenced to serve three years behind bars. Alabama Supreme Court Chief Justice Tom Parker appointed former Alabama Court of Criminal Appeals Judge Pamela Baschab to preside over Blakely’s case after other judges had recused themselves. Jolley, in rejecting Blakely’s appeal, said nothing in state law or the Alabama Constitution requires the appointment of retired judges with an active law license. He also said Blakely could have raised the issue at trial but did not do so. “Because neither requires a retired judge— not least one with more than thirty years of unblemished service— to maintain an active license to practice law, Judge Baschab’s appointment was lawful and proper,” Jolley wrote in the Saturday order. The Alabama Supreme Court in February declined to hear an earlier appeal by Blakely. Republished with the permission of The Associated Press.
Steve Marshall pleased with Court of Criminal Appeals upholding convictions of former Limestone County Sheriff Mike Blakely
Attorney General Steve Marshall announced on Friday that the Alabama Court of Criminal Appeals has upheld the felony ethics and theft convictions of former Limestone County Sheriff Mike Blakely. “I am pleased that the Court today upheld the conviction of Mike Blakely and that he will not evade justice for his abuses of the public’s trust,” said AG Marshall. “I am proud of the excellent work performed by the attorneys and agents of our Special Prosecutions Division, who handled the case at trial, with the valuable assistance of the Federal Bureau of Investigation.” Blakely had argued both that there was not enough evidence to convict him and that he was entitled to a mistrial, because retired Judge Pamela Baschab had not paid her bar fees and was thus not a licensed attorney. Blakely of using his official position for personal gain and of first-degree theft of property. Blakely was convicted of borrowing $29,000 from money he was holding for his inmates. The jury heard testimony that Blakely routinely directed his subordinate to give him hundreds of dollars in exchange for IOU notes. He then later wrote a personal check to cover the debt and ordered his subordinate to hold the check until he had the money in his account to cover the no-interest “loans.” He was also convicted of stealing $4,000 from his campaign account for his personal use. Blakely laundered that money through a third party and then used a fraudulent invoice to cover up the theft. “There is nothing that I did that I ashamed of or that I felt was wrong,” Blakely told reporters following his conviction. Baschab was appointed to preside over the case by the Alabama Supreme Court. The Court of Criminal Appeals rejected Blakely’s appeal for his conviction to be overturned, and that he should be given a new trial. Baschab sentenced Blakely to serve concurrent three-year sentences in the Franklin County Jail. That was the maximum available sentence under Alabama’s sentencing guidelines. Marshall commended Assistant Attorney General Kyle Beckman for his successful work on the appeal of this case. To connect with the author of this story, or to comment, email brandonmreporter@gmail.com.
Alabama court affirms felony convictions of longtime sheriff Mike Blakely
A state appeals court has upheld the felony convictions of a man who served 38 years as sheriff in a northern Alabama county. In the unanimous ruling Friday, the Alabama Court of Criminal Appeals also denied former Limestone County Sheriff Mike Blakely’s request for a new trial, AL.com reported. “This evidence was sufficient for the jury to have concluded that Blakely acted with intent to use his public office to obtain personal gain,” Presiding Judge Mary B. Windom wrote. Blakely was removed from office in August 2021 a jury convicted him of theft and abuse of power. Prosecutors said the theft charge was tied to accusations that he deposited $4,000 of campaign funds into his personal account. The abuse of power charge was tied to Blakely borrowing money from a jail safe that held inmates’ money. Prosecutors said Blakely received $29,050 in interest-free loans from the safe. Blakely’s attorneys argued that no inmate was ever deprived of money. The trial judge gave him a three-year sentence. Blakely remains out on bond and can ask the Alabama Supreme Court to review the case. Blakely’s attorneys argued to the appeals court that the state failed to show sufficient evidence that he intentionally used his office for personal gain. Republished with the permission of The Associated Press.
Convicted sheriff Mike Blakely cites judge’s status in challenging case
The judge who sentenced a longtime Alabama sheriff to prison following his conviction on theft and ethics charges wasn’t licensed to practice law at the time, the defense argued in asking a court to overturn the verdict and punishment. Attorneys for Mike Blakely, who was automatically removed as Limestone County sheriff because of his conviction last year, cited reporting by WAAY-TV in asking a court to set aside the case. Pamela Baschab, a retired Jefferson County circuit judge, was appointed to preside over the Blakely case in February 2021 after every judge in Limestone County stepped aside. But Baschab’s law license lapsed the month before she took over despite a constitutional requirement that judges have a license, the defense argued. Baschab was listed as “inactive” by the Alabama State Bar during the case, the defense said, so the conviction and sentence should be overturned. The state didn’t file an immediate response to the motion, submitted late Wednesday. But Alabama Attorney General Steve Marshall told the station that Blakely’s latest attempt to overturn his conviction was “meritless.” Alabama Bar Association officials sent Baschab a letter saying a sitting judge is not required to be a member, but it also encouraged her to remain active. Bar Association communications director Melissa Warnke told WAAY-TV the organization believes Baschab “was acting in good faith.” Blakely, who worked as sheriff for almost 40 years, was accused of taking money from a jail safe that was used to hold inmates’ money and of depositing $4,000 in campaign funds into his personal account. He was sentenced to three years in jail but remains free on bond while appealing. Republished with the permission of The Associated Press.
Convicted sheriff gives thumbs-up review of jail he ran
A longtime Alabama sheriff removed from office after being convicted of theft and ethics violations is giving five-star reviews to the jail where he spent more than two weeks in custody. Perhaps he should: He ran it for decades. Ousted Limestone County Sheriff Mike Blakely addressed the news media on Tuesday in his most extensive public comments since being convicted in August. Free on bond while appealing, Blakely maintained his innocence but had no complaints about doing time in the Limestone County jail in Athens. “Best jail in the state of Alabama — that’s another thing I’m proud of,” Blakely said during a news conference outside his attorney’s office in Huntsville. “The food was real good, the staff took very good care of me.” Blakely, 70, was convicted in August of taking no-interest loans from a Limestone County jail fund that held prisoners’ money and of stealing $4,000 from his campaign account. He was in his 10th straight term at the time of his removal from office, making him Alabama’s longest-serving sheriff at the time. Wearing his trademark cowboy hat and boots, Blakely said he had fewer privileges than jail trusties and denied receiving special treatment from his former staff. “I was incarcerated, whether they kept me in my office up front or whether they had me in the hole in the back,” he said. “When you’re incarcerated, let me tell you, you don’t have the freedom to go.” Blakely said he “couldn’t ask for better treatment from the inmates,” and said some even offered to have his food delivered to the jail. “I said, ‘No, I eat the jail food ’cause I love it because I’ve been eating it for the last 38 years,” he said. Sentenced to three years in custody, Blakely won’t get to serve time in the Limestone County jail once he begins his term. A judge ruled that he will be held at the Franklin County Jail, located about 60 miles (97 kilometers) from Athens. Republished with the permission of the Associated Press.
Mike Blakely to serve sentence in nearby county
A longtime Alabama sheriff removed from office after being convicted of theft and using his office for personal gain will serve time in a nearby county, a judge ruled. The Decatur Daily reported that a judge ruled former Limestone County Sheriff Mike Blakely will be allowed to serve his three-year sentence in Franklin County after the sheriff there agreed to the arrangement. The Limestone and Franklin county jails are located about 60 miles apart in northwest Alabama. Blakely was held in the jail he once ran following his conviction last month, but Judge Pamela Baschab ruled that he would spend the bulk of his term in another county. Blakely is currently free on a $50,000 bond while appealing his conviction and sentence. Blakely, 70, was convicted of taking no-interest loans from a jail fund that held prisoners’ money and of stealing $4,000 from his campaign account. He was in his 10th straight term at the time of his removal from office, making him Alabama’s longest-serving sheriff at the time. Republished with the permission of the Associated Press.
Judge denies former sheriff’s request for new trial
Judge Pamela Baschab has denied a request for a new trial from former Limestone County sheriff Mike Blakely, reported Al.com. Baschab is retired and was specially appointed to the case. She sentenced Blakely to three years in jail on August 20. Blakely, the state’s longest-serving sheriff, was found guilty last month of theft and using his position for personal gain. He stole $4,000 from his own campaign account and used his position to steal $29,000 from a safe that held cash belonging to county jail inmates. After his conviction, Blakely was removed as Limestone County Sheriff. Blakey’s attorneys argued in August that there was not sufficient evidence for the conviction. They stated that the judge made “erroneous rulings that violated his constitutional rights.” Attorneys argued that the judge violated Blakely’s constitutional right to a public trial because she closed the courtroom to press and spectators. Additionally, they argued that the judge should have held a hearing or granted Blakely’s request for a mistrial when juror Sue Pentecost came forward to say that she did not believe he was guilty despite voting to convict. Pentecost stated in a signed affidavit, “I was never convinced that Michael Blakely was guilty of any count. I’m still not convinced he’s guilty of anything.” State prosecutors opposed Blakely’s request for a new trial, stating, “This Court should reject Blakely’s motion because his trial was fair and impartial, none of the conclusory claims that his motion raised merit relief, and the weight of the evidence proved that he was guilty beyond a reasonable doubt.” Blakely’s attorneys argue that under Alabama sentencing guidelines, Blakely should have been sentenced to probation, not jail time. Blakely is currently out of jail on $50,000 bail.
State wants 3 years in jail for ousted Alabama sheriff
A longtime Alabama sheriff removed from office after being convicted of theft and ethics violations should spend three years in jail, but not the one he ran for decades, state prosecutors told a judge. Former Limestone County Sheriff Mike Blakely, 70, also should be required to pay $14,000 in fines and restitution and serve two years on probation following his release from custody, the attorney general’s office said in a sentencing recommendation filed Monday. Blakely should get to serve time in a county jail rather than state prison because of his law enforcement background and lack of prior convictions, news outlets reported that prosecutors recommended. But he should not be allowed to stay in the jail in Limestone County, where Blakely has been held since being convicted earlier this month. The defense had yet to suggest a sentence to Judge Pamela Baschab, who scheduled Blakely’s sentencing hearing for Friday morning. Blakely was convicted of taking no-interest loans from a jail fund that held prisoners’ money and stealing $4,000 from his campaign account. Prosecutors said Blakely should serve a maximum sentence since “accountability is critical when public officials violate their oaths and abuse positions of authority.” Blakely, first elected in the north Alabama county in 1983, served 10 terms in office. He was indicted in 2019, but the case didn’t go to trial until this year, partly because of the coronavirus pandemic. Republished with the permission of the Associated Press.
Jailed Alabama sheriff asks judge to overturn conviction
Attorneys for an Alabama sheriff convicted of theft and ethics violations and removed from office asked a judge Thursday to declare a mistrial because a juror didn’t want to vote guilty. The defense for former Limestone County Sheriff Mike Blakely filed a sworn statement from a juror, Sue Pentecost, who claimed medical conditions including atrial fibrillation and cancer caused her to give in and vote to convict the longtime sheriff, news outlets reported. “I wanted to get out of that room because I feared I was about to die from either a stroke or brain bleed caused by my AFib and not the words or stress of others,” the statement said. “My medical conditions put me at an extreme risk of both of those.” Prosecutors did not file an immediate response. Blakely was convicted Monday on two felony counts of theft and ethics violations. Prosecutors accused him of borrowing money from a jail safe used to hold inmates’ money and depositing $4,000 in campaign funds into his personal account. Acquitted on other charges, Blakely denied any wrongdoing. He is now being held in the jail he ran for nearly 40 years and faces a possible prison term of between two and 20 years for each count at sentencing hearing set for Aug. 20. Republished with the permission of the Associated Press.
Prosecutors ask judge to keep convicted sheriff in jail
A longtime Alabama sheriff convicted of felony charges and removed from office should have to remain in jail until he is sentenced, prosecutors told a judge Tuesday. Former Limestone County Sheriff Mike Blakely hasn’t shown any reason he should be treated differently than other convicted felons in his home county, where the standard practice is for defendants to remain jailed until sentencing, the state argued in court papers a day after jurors convicted Blakely on theft and ethics charges. The state plans to seek prison time for the 70-year-old Blakely, who was held in the same jail he oversaw for nearly 40 years, and there is “no just reason to delay the start of that sentence so that he can be given credit for any time in custody,” prosecutors said. The defense argued that Blakely wasn’t a flight risk and is a lifelong resident of the county, and should be able to go free on bond while awaiting a sentencing hearing set for Aug. 20. It disagreed with prosecutors’ claim that people convicted in the county generally remain jailed until sentencing. Blakely, who was indicted in 2019, had been free on a $49,000 bond until the jury convicted him on theft and ethics charges on Monday, resulting in his removal from office. He was found guilty of borrowing money from a jail safe used to hold inmates’ money and depositing $4,000 in campaign funds into his personal account. First elected in 1982, Blakely was acquitted on multiple other counts. Blakely still faces a possible prison sentence of between two and 20 years for each count.
Sheriff Mike Blakely convicted on theft, ethics charges
A longtime Alabama sheriff has been removed from office, the attorney general’s office said, after jurors on Monday found him guilty of charges of theft and using his office for personal gain. News outlets report that jurors convicted Limestone County Sheriff Mike Blakley of two counts but found him not guilty of eight others. After nearly 40 years in office, Blakely was escorted out of the courtroom by one of his own deputies and taken to the same jail that he oversaw as sheriff. He was not placed in handcuffs as he left the courtroom, news outlets reported. Chief Deputy Attorney General Clay Crenshaw said Blakely will be immediately removed from office on Monday because of the felony convictions. The two convictions relate to accusations that Blakely borrowed money from a jail safe used to hold inmates’ money and that he deposited $4,000 in campaign funds into his personal account. “The attorney general’s office is committed to ensuring the violators of the public trust be held accountable under the law,” Crenshaw said, reading a statement from the Alabama attorney general’s office. “Today Sheriff Blakely has been held to account for felony violations of the Alabama ethics law as well as a theft charge.” An attorney on Blakely’s defense team told reporters that they will “keep fighting.” “We will certainly appeal this decision today and look forward to having another day in court on this matter,” Mark McDaniel, an attorney on Blakey’s defense team, after hearing the verdict. Blakely, 70, took the stand during the trial to deny any wrongdoing. Initially elected in 1982, Blakely told jurors he sometimes put campaign funds into his personal account because his campaign treasurer lived hours away and encouraged him to deposit the money as reimbursement for campaign expenses. While testimony showed Blakely sometimes left IOUs and took money from a jail safe used to hold inmates’ money, he said that wasn’t a crime. Blakely didn’t deny gambling at casinos during trips to the Gulf Coast and Nevada for law enforcement conferences, but he said the outings didn’t cost taxpayers extra and denied accusations that an employee sent him money because he was broke from losses. Blakely was indicted in 2019, but the case was delayed several times because of reasons including the pandemic. “Public officials must set the highest example of accountability, and no matter how long someone holds office they are not above the law,” Alabama Attorney General Steve Marshall said in a statement. “Sheriff Blakely repeatedly swore an oath to enforce and obey the law during his 40 years in office, and he now knows the consequences of violating that oath.” Blakely faces a possible prison sentence of between two and 20 years for each count. Sentencing will occur at a later date. Republished with the permission of the Associated Press.
