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Former Mobile County Circuit Court Judge Herman Thomas walked out of one of the courtrooms in Government Plaza this afternoon a free man, after being found not guilty on all 21 counts left before the jury.

The ex-judge, who had been charged in relation to allegedly spanking and abusing prisoners for his own sexual gratification, smiled briefly and hugged family members, while his supporters packing the courtroom erupted in cheers when Special Judge Claud Neilson said the final words of the three-week-long trial: “Defendant found not guilty on all counts. Court adjourned.”

Thomas Found Not Guilty on All Charges

Thomas leaving courtroom 4500 for the last time as he is found not guilty on all charges against him.

The jury of seven women and five men had been brought back in a few minutes earlier and had issued verdicts on seven charges, a sodomy charge, one second-degree assault and five sexual abuse charges. The jury foreman then told the judge it was unlikely they would come to any agreement on the other charges after deliberating for roughly 16 hours since last Thursday afternoon.

Neilson then, as a “matter of law,” found Thomas not guilty on all the remaining second-degree assault charges, determining that a paddle or a belt was not a dangerous instrument, and therefore did not meet the wording in the law. During the trial, Thomas’ defense team all-but-admitted the ex-judge had paddled or spanked the alleged victims, but had repeatedly said Thomas “wasn’t on trial for spanking anyone.”

Neilson then went down the list and tossed the remaining sodomy and second-degree assault charges. On the sodomy issue, Neilson said there had to be forcible compulsion to do so but no such thing happened. The jury found Thomas not guilty in the case of the alleged victim who had an I.Q. of 55 and claimed the then-judge tried to force his mouth onto the judge’s penis by grabbing the back of his head.

As he left the courtroom, Thomas held his head high, but refused to say a word to media members who peppered him with questions. He was surrounded by a thick crowd of family and supporters, some of whom cried in joy at his acquittal.

Defense attorney Jeff Deen said he was happy and relieved, although not surprised at the outcome.

“The fact that the jury acquitted him on all the charges they reached a verdict in, probably weighed heavily on the judge’s decisions in the others,” Deen said.

On the other side of matters, Mobile County District Attorney John Tyson said he was “extremely disappointed” with the outcome and that he “respectfully disagreed” with the judge’s decisions to find Thomas not guilty of all the remaining charges. He was also unhappy with Neilson tossing out the extortion charges prior to the case being handed over to the jury.

Tyson said in retrospect he wishes his office hadn’t waited so long to file charges against Thomas, as it caused them to lose all potential ethics charges against him because the statute of limitations had expired. The only reason the other charges against Thomas were even tried is because exceptions to the statute of limitations had been granted because violence was allegedly involved.

Tyson said the case had originally been handed over the U.S. Department of Justice for prosecution, and they had held the case for more than a year-and-a-half before deciding not to move forward with indictments. The result, Tyson said, was that his office was left with many fewer charges against Thomas than they might have had otherwise.

“I wouldn’t have relied on the U.S. Department of Justice as long as I did,” Tyson said when asked what he would have done differently.

Otherwise, he said he was satisfied the case was tried properly by his staff and everything was handled as well as it could have been.

“The only thing we can do is the best that we can do. I’m not dissatisfied at all with what we’ve done,” Tyson said.

Tyson said talk of any further prosecutions against Thomas because of any more allegations by people claiming to have been spanked or abused by the ex-judge, would be premature.

“It would be a mistake to say there are other cases. I don’t know of any,” Tyson said.

Deen said Thomas would certainly attempt to regain his law license, which was suspended by the Alabama State Bar Association earlier this year. No word on whether that is a likelihood at this time, though.

As the verdict sunk in with the assembled crowd and they began filing out, one of the trial’s regular attendees left the courtroom hollering loudly, “Thank you Jesus! God conquers all! He is the judge of all, thank you Jesus!”

Soon after, Herman Young Thomas would take an elevator down from the fourth floor of Government Plaza while a phalanx of his supporters clapped for him and for his freedom.