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.
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.
Former prosecutor gets jail time for violating ethics law
A former prosecutor in Alabama was sentenced Tuesday to at least 10 months in prison for violating the state’s ethics laws. Retired Alabama Court of Criminal Appeals Judge Pamela Baschab sentenced former Lee County District Attorney Brandon Hughes for the ethics violation and committing perjury while in office. His defense asked that he serve a non-custodial sentence in a community corrections program, which was denied, WBRC-TV reported. Hughes’ convictions stem from giving false information to a Lee County grand jury and using $14,000 from his office’s official budget to litigate a settlement in a sex discrimination claim filed against him by a female prosecutor who worked for his office. He’s now obligated to repay that money. Hughes abruptly entered a plea agreement in this case on the second day of his trial held in June. He faced five ethics violations, perjury, and conspiracy to commit theft. Testimony during the trial described Hughes’ office as a frat house where employees drank alcohol on site and played video game consoles, pointing to an abuse of trust and taxpayer dollars. The defense said those actions weren’t illegal and didn’t hurt Hughes’ job performance. Hughes must turn himself in by 3 p.m. on Thursday. 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.
Jurors begin weighing fate of longtime Alabama sheriff
Jurors on Friday began deliberating charges against a longtime Alabama sheriff who took the stand to deny accusations that he took money from public and campaign accounts and gambled in casinos at taxpayer expense. Prosecutors and defense lawyers finished closing arguments in the corruption case against Limestone County Sheriff Mike Blakely, and jurors got the case around 2 p.m. News outlets reported the jurors were sent home for the weekend late Friday afternoon and will resume their deliberations Monday morning. Blakely faces charges of using his office for personal gain, theft of campaign funds, and taking money held by the sheriff’s office. He has continued working as sheriff since being indicted in 2019 on multiple charges but would automatically be removed from office with a felony conviction. Prosecutors began their closing arguments to jurors by stepping through allegations that the sheriff took thousands of dollars illegally, news outlets reported. “He swore an oath not just to enforce the law but to obey the law,” Kyle Beckman, a state assistant attorney general, told the jury. “He swore it 10 different times. Mike Blakely violated that oath.” Defense lawyer Robert Tuten told jurors that there is a simple explanation for each of these charges if they just look. Tuten said no money is missing and all of the accounts balance. “The criminal case against Sheriff Blakely died in the courtroom floor,” Tuten said in his closing arguments. Judge Pamela Baschab rejected a defense request to end the trial with a verdict of acquittal. Blakely, 70, testified Thursday about a series of transactions and checks that prosecutors say are evidence of wrongdoing, and the defense contends show nothing but normal campaign finances, news outlets reported. First elected in 1982 and rarely seen without boots and a cowboy hat, Blakely said he sometimes deposited 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. He also said nothing illegal occurred when county prisoners worked at a business where a part-owner gave him a check for $50,000. 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. In one case, Blakely said, he asked an employee to send him money because he thought he might not have enough money to drive back to Alabama from Nevada. “Did you run short of money because you gambled in a casino?” asked defense lawyer Robert Tuten. “No, sir,” Blakely replied. Republished with the permission of the Associated Press.
Prosecution rests in Alabama sheriff’s trial, 1 juror out
A judge on Tuesday dismissed a juror from the trial of a longtime Alabama sheriff following accusations that a jail inmate bragged she is his “old lady” and he could sway her vote. Judge Pamela Baschab dismissed a juror from the panel after testimony that an inmate at the Limestone County Jail had bragged the mother of his children is on the jury. Inmate Austin Clem testified that the inmate told him his “old lady” was on the jury and that he could persuade her to vote not guilty if the sheriff would let him out of jail. Blakely faces charges of using his office for personal gain, theft of campaign funds, and taking money held by the sheriff’s office. Blakely has continued working as sheriff since being indicted in 2019 on multiple charges but would automatically be removed from office with a felony conviction. State prosecutors on Tuesday afternoon dismissed a theft charge that accused Blakely of stealing from the county’s law enforcement fund. State prosecutors on Tuesday concluded their case against Blakely. Defense lawyers began their case by calling witnesses to try to discredit a campaign consultant who testified for the prosecution last week. The trial resumes Wednesday morning.
Alabama sheriff’s trial resumes after question about witness
The theft and ethics trial of a north Alabama sheriff resumed Tuesday with testimony about the state’s ethics law after a judge considered questions about a state witness who also is under investigation. Cynthia Raulston, general counsel for the Alabama Ethics Commission, told jurors in Sheriff Mike Blakely’s trial about the law, which prohibits public officials from using their office for personal gain, news outlets reported. Another witness, former sheriff’s office clerk Romona Robinson, testified that money belonging to inmates was kept in a safe and that Blakely sometimes would ask for money and leave an IOU inside but not repay the amounts for an extended period. Earlier, Judge Pamela Baschab refused to throw out testimony from another witness who was revealed as being under investigation after he took the stand on behalf of the state. Trent Willis, a political consultant whose firm Red Brick Strategies worked for Blakely’s campaign in 2014, testified that an Athens attorney agreed to pay the $3,500 monthly charge to Red Brick on behalf of Blakely’s campaign. After getting checks from the lawyer for months, Red Brick received a $7,500 check from Blakely’s campaign account, evidence showed. Blakely later deposited a $4,000 refund check from Red Brick Strategies into his personal bank account, according to prosecutors, rather than sending the money to his campaign account. Before the defense could begin cross-examination, Deputy Attorney General Clark Morris told Baschab that Willis himself was under investigation. A defense lawyer said Willis was being reviewed in the theft of $100,000 from a campaign account of a state lawmaker, state Rep. Richie Whorton. While the defense claimed it didn’t know Willis was under investigation, prosecutors said Blakely’s lawyers actually knew about the review before them because different sections of the attorney general’s office are separated to prevent conflicts of interest. Baschab denied a defense request for a mistrial but told the prosecution and defense to file motions about Willis’ testimony before the trial resumed. She refused a defense request to tell jurors to ignore the testimony. Blakely, 70, has continued serving as sheriff since being indicted in 2019 on multiple charges. He would automatically be removed from office with a felony conviction. Republished with the permission of the Associated Press.
Judge refuses to dismiss charges against Alabama sheriff
Testimony began in the corruption trial of a longtime Alabama sheriff Monday after a judge refused a defense request to throw out four charges alleging he stole thousands of dollars from his own campaign committee. Judge Pamela Baschab denied a request filed by Limestone County Sheriff Mike Blakely, and prosecutors immediately began calling witnesses who testified about the flow of money toward Blakely, who was first elected in 1983. News outlets reported Joyce Varnell, executive director of the Athens-Limestone Association of Realtors, testified that Blakely requested that a campaign donation that originated with a state realty fund be made out directly to him rather than his campaign account, called “Friends of Mike Blakely,” after the 2014 election. Clay Helms, the elections director for the secretary of state’s office, said all campaign contributions should go to accounts separate from the candidate’s personal finances. Candidates can’t put campaign money into a personal account unless it is reimbursement for a personal loan to the campaign, he said. Indicted on 13 counts in 2019, Blakely was accused by prosecutors during opening statements Friday of using money from his campaign and public accounts to cover personal expenses, and of pressuring employees for money. The first four counts of the indictment accuse Blakely, 70, of taking money from his campaign account. Blakely was the candidate and principal of the account, the defense argued, so he already had an interest in the money and can’t be convicted of stealing from the fund. The judge sided with prosecutors, who argued Blakely’s position could result in a bank teller who stole being acquitted of theft if the worker owned any stock in the bank. The state also said Blakely waited too long to seek dismissal of the charges and denied claims that state campaign laws in effect bar the theft charges. Aside from theft, Blakely is charged with using his office for personal gain and soliciting money from an employee. Blakely, who has continued working as sheriff, pleaded not guilty to all the charges and faces automatic removal from office if convicted of a felony. Republished with the permission of the Associated Press.
Judge OKs media request for access to Alabama sheriff trial
A judge on Tuesday reversed course and will allow reporters to witness jury selection in the corruption trial of a longtime north Alabama sheriff. Retired Criminal Appeals Judge Pamela Baschab, who is presiding over the case against Limestone County Sheriff Mike Blakely, granted the request from media organizations. They included the Alabama Press Association and the Alabama Broadcasters Association, joined with newspapers and television stations. Baschab had initially barred reporters and the public from attending jury selection. Members of the public have a constitutional right to attend criminal court proceedings, the media groups said, adding that Baschab’s decision to hold jury selection “in secret is unconstitutionally overbroad.” Referring to reports that the judge closed the selection process for the comfort of potential jurors, media members argued that the judge failed to take less restrictive steps that could include asking potential jurors sensitive questions in her office. In office since 1983 and indicted in 2019, the 70-year-old Blakely has pleaded not guilty to a dozen felony counts alleging he stole campaign donations, got interest-free loans, and solicited money from employees. Deputies who work for Blakely were used to guard doors and keep the public and media members out of his trial, news outlets reported. The public presumably will be allowed once testimony begins. Blakely has continued to work since Alabama law doesn’t require that an indicted sheriff be suspended or removed. A felony conviction would result in his automatic removal from office. Republished with the permission of the Associated Press.
