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.
