Print this story | E-mail story | This story has 19 comments Add your own | iPod friendly
Phillips gets 3 years in jail
Former judge out on bond pending her appeal
Published Thursday, November 13, 2008
Photo by Andrew Garner
Sherrie Phillips
Montgomery County Circuit Judge Charles Price sentenced Covington County’s former probate judge to a 10-year split sentence with three years’ imprisonment Wednesday morning, despite arguments by her attorneys and friends that she wouldn’t benefit from incarceration.
Sherrie Phillips left the Covington County Courthouse in the custody of the sheriff’s department shortly before 10 a.m., but was free on an appeal bond by afternoon. There was standing room only in the courtroom during the sentencing.
Phillips was found guilty in October of first-degree theft by deception, by knowingly obtaining unauthorized control of a check for $1.8 million or any proceeds of the check, which was the property of the estate of Cary Douglas Piper and/or the State of Alabama; and as a public official — the probate judge of Covington County — intentionally using her official position for unlawful personal gain for herself or a family member, of a check for $1.8 million or any proceeds of the check.
Judge Price sentenced Phillips to 10 years on each of the counts, with a three-year split sentence, to be served concurrently. Following her incarceration, she will have three years of supervised probation, and will remain on probation for an additional four years.
Price also ordered Phillips to pay $5,000 in victims' compensation, court costs, and to repay the $917 difference in the amounts taken from the $1.8 million Piper account and the amount repaid when investigators started asking questions about the estate.
During her October trial, the jury presented evidence that Phillips on Jan. 4, 2008, took a $1.8 million check from the estate of Cary Douglas Piper and put the funds into a personal account for herself, listing her own address and Social Security number on the account. Phillips subsequently wrote checks totaling $516,917.50, including checks to pay off loans, a $25,000 check to her husband, a $100,000 check to her brother, a $100,000 check to herself the day after she purchased a Cadillac Escalade, and a $23,000 check to a Ford dealer for her husband’s truck.
On May 1, 2008, one day after investigators from the attorney general’s staff appeared in the probate office requesting information about the Piper estate, Phillips transferred funds from that personal account to a public funds account using the tax identification number of the probate office. She deposited $516,000 that day, including checks for $49,000 and $23,000 from her brothers; $12,000 from her husband; and a $32,000 check from her personal account.
In the sentencing hearing, Phillips’ defense attorneys, David Harrison and Riley Powell, called four character witnesses to testify on Phillips’ behalf (See related story) and argued that the former longtime probate judge had been punished enough.
Assistant Attorney General William Lisenby asked Judge Price to consider four points in his sentence. The theft is among the largest ever in the state, he said, added that the Alabama Supreme Court has ruled previously that “stealing a million dollars is more serious than stealing a hundred.”
Lisenby also asked Judge Price to consider that Phillips was an attorney who was familiar with the law, and that she had shown no remorse.
“We heard testimony that she spent the money as if she had won the lottery,” he said. “We believe an extreme sentence should be imposed.
Harrison argued that only $917 of the $1.8 million Phillips was convicted of stealing was actually missing.
“The bottom line is, this young lady is accused of stealing $1.8 million,” Harrison said. “When she was arrested, only $917 was missing from the account.”
But Judge Price said, “It was not a $917 theft. It was a $1 million, $800 thousand theft.”
Harrison continued, “This young lady is here because of who she is. If some Joe Blow owed $917 in restitution, he wouldn’t be here.
“There were three people involved in this case,” Harrison said. “Judge Phillips is sitting to my right. Where are the other two?”
Harrison was referring to the administrator of the estate and the administrator’s attorney, each of whom received $450,000 in fees from the $3 million estate. Each has since repaid those fees with interest after being ordered to do so in a separate case in probate court.
Harrison also argued that Phillips has already accepted responsibility for her actions by resigning as judge.
“She won’t get her retirement,” Harrison said. “This case started with six felonies, and one of these will not stand.”
Again, Price interrupted Harrison.
“What are you saying?” Judge Price said. “You know something about the appellate court I don’t know?”
Harrison said he doesn’t believe the facts of the case meet the legal definition of theft by deception.
Before issuing his sentence, Judge Price, who said he taught Phillips when she was a student at Jones Law School, said, "The problem that happened in this case was greed. Greed can overtake the strongest of individuals."
He said he wasn't interested in sentencing Phillips to the penitentiary "thinking I'm doing something great for the reduction of crime."
However, he said, he firmly believes that public officials "should be held to a higher standard."
Her attorneys have approximately 30 days to file that appeal, which could take 18 months to two years, Powell said.
Powell said because Judge Price issued a split sentence, he retains jurisdiction over the case and can enter an order to release Phillips before her three years are up if her appeal is not successful.
See the paper edition of the Star-News for related stories.
Comments
Posted by Blondie (anonymous) on November 13, 2008 at 5:31 a.m. (Suggest removal)
Three years? thats it? she may spend maybe 6 months of this in jail, and then its probation.Gee could they have been a little easier on her people!!
Probation, just another way of letting her walk around with a smug look on her face saying " Ha"! I got away with it! I think she have to pay back the salary she received until she was released from her position, and I surely think she should not be able to receive her retirement from the state!! Let her have to fight to survive like the rest of us!!
No office to hide behind now Sherri!
Posted by youknowme (anonymous) on November 13, 2008 at 6:32 a.m. (Suggest removal)
i agree
Posted by kathy (anonymous) on November 13, 2008 at 7:48 a.m. (Suggest removal)
Boy I tell you I am like the rest of you SHOCK. Then her lawyer has the nerve to say if it was a common person they wouldn't be up there. I wish I could tell about one case that was tried and the man was found innocent and then he was done so wrong for it. But I can't and then a common person wouldn't have been out like her they would already be in prison. I can't get over the smile like someone said she is laughing like haha. Sherrie you shock alot of people who thought you were a great friend and not in the legal field but as a person
Posted by Blondie (anonymous) on November 13, 2008 at 8:02 a.m. (Suggest removal)
You have to look at who her lawyer is, and maybe this will explain that stupid comment on his behalf!! They all think that they are above and beyond the law, that they are "special", well.... they are special, special idiots!
It this would have been anyone else but her that did this, they would not have gotten off as easy as she did, no way!! Believe me I know! I know someone that was sad to say in a similar situation ( she didnt take that extreme amount that sherri did) and they all but tried to make her look like she committed murder on the court house steps!! I was there to watch the way they treated her and her family! So how he can say that a "Common" person wouldnt have received this, he is a fool to believe this!
Posted by thevoice (anonymous) on November 13, 2008 at 8:48 a.m. (Suggest removal)
She has betrayed the trust of all of Covington County citizens. What is even worse, she is showing no remorse for her actions. I agree that Sherrie is not being treated as a "common" person. Look at the record of arrests for yesterday. You don't see Sherrie Phillips' name listed. It wasn't listed when she was arrested initially either. Already she is getting exceptional treatment. She absolutely knew what she was doing was wrong because of the way she handled the file. She kept it in her office. There was no record of the file in the Probate Office. Also, she opened the account with Bill Greenwald in her name with her social security number. How dumb does her attorney think the people of Covington County are? He is acting as if she didn't mean to defraud anyone. Yeah, right!!! She should lose her retirement. She has already made her money by stealing from dead people and their families. Also, she should lose her law license. She knew better but she chose to use her office for personal gain anyway. She knew the law and she broke it anyway. Poor Sherrie!!! Now she will have to get out and earn her living by the sweat of her brow. She will have to barely survive when she retires like the rest of the older people in Covington County. They have to decide whether to pay their light bill or eat for the month. Why should she be any different??? Her lawyer wants to make comments about "common" people, well, that is how "common" people live when they get old!!! Also, I would declare a mistrial because the judge knew her when she was in law school. He taught her. That means he was affiliated with her. He must have lied also when he took the case. I hope we get an unbiased judge who will throw the book at her in her appeals process.
Posted by Faith (anonymous) on November 13, 2008 at 9:01 a.m. (Suggest removal)
COMMON Person, no way, if this was a common person, they would be behind bars NOW. She needs to pay for her crime just the same as the rest of us COMMON folk would.
She got caught this time around........................so pay the price like the rest of us COMMON people.
Posted by crater (anonymous) on November 13, 2008 at 9:13 a.m. (Suggest removal)
I just want the people of covington county to think about this. You know a thief always gets more brave each time they steal, how many other families that apparantly did not have any heirs did Sherri Phillips steal from them? It sure is something to think about isn't
Posted by calltiger (anonymous) on November 13, 2008 at 9:13 a.m. (Suggest removal)
I hope she makes a lot of new friends in Tutwiler when she finally goes. Maybe she can convince her new friends at Tutwiler that she did not steal the money of the Piper Estate heirs. For her attorney to argue that she only stole $917 is ludicrous.
Posted by calltiger (anonymous) on November 13, 2008 at 9:22 a.m. (Suggest removal)
She is a COMMON, a COMMON thief wearing a Judge's robe.
Posted by mom2ckis (anonymous) on November 13, 2008 at 10:11 a.m. (Suggest removal)
I agree with all of these comments. She has done the crime, now do the time! With a law degree or not, she knew better, any "common" person with walking around sense knows that stealing is wrong. It was not her money to choose, it was to be the States until the distant family was found. I agree with Crater, how many other cases that no family at all was found might need to be looked into as well. Funny how her family and herself were able to just "write a check" to pay the $516,000.00 back in one day. If you have that kind of money just laying around, why did you have to take someone elses in the first place? A felony is a felony no matter how you look at it, she deserves to lose her retirement, and law license, voting rights, everything that comes with being convicted of a FELONY, that is just what you have to look forward too when you commit the crime! No one is above the law, not even the lowest of lawyers, everyone is common, just some of us use our brains for other things than commiting crimes!
Posted by concerned1 (anonymous) on November 13, 2008 at 4:13 p.m. (Suggest removal)
If and when she goes to jail I am sure it will be a federal prision with internet, cable, a/c and other accomodations to good for her. I will continue to see if she ever makes to prision. I wish she had the common decency to at least show some remorse for what she did. The only thing I think she regrets is that she got CAUGHT!!!!!
Posted by bc (anonymous) on November 13, 2008 at 4:21 p.m. (Suggest removal)
maybe her attorneys also need to be disbarred if they do not think she stole the 1.8 million dollars since she had paid it back, and that it was just a $917 theft. how stupid can supposedly educated people be. frankly i believe that she had done this before, maybe not such a large amount and has just not been caught. why is it when you are in the probate judges office you write your checks to sherrie phillips and not just probate judge. makes you wonder because she has sure led an abundant life, more that what her salary could have allowed her........
Posted by patwilliam (anonymous) on November 13, 2008 at 6:05 p.m. (Suggest removal)
Yeah, what must we, the public, taxpaying citizens expect from good ole' lawabiding, upstanding, outstanding, Sherrie Phillips. After all, she just "borrowed" the money. Didn't intend to defraud anyone. Oops, Sherrie, you GOT CAUGHT! Uhmm...YES, you should lose your law license and NEVER be allowed to practice law again. We are aware that you are currently working for your attorney, David Harrison....duh, do you think we are stupid.
This is such an outrage. I am furious, cause as was stated earlier...."if this was a common person, we would be behind bars now"....but yall, she's special.
Whatever, it's totally ridiculous. This goes to show how our justice system works for the rich and how it works against the poor.
David Harrison, I have one word for you..."LOSER"! How did you get your law license back, or were you ever disbarred for spending time in prison for drugs???? I'm sure there's a legitimate reason there too.
Retirement???? Please don't tell me you really expect to get State retirement after what you did! This is too unreal freakin real!
“The bottom line is, this young lady is accused of stealing $1.8 million,” Harrison said. “When she was arrested, only $917 was missing from the account.”
WHEN SHE WAS ARRESTED! Yepppers...what if she hadn't gotten caught David!
Posted by patwilliam (anonymous) on November 13, 2008 at 6:06 p.m. (Suggest removal)
And....somebody NEEDS to wipe that smile off her stupid face!
Posted by andybulldog (anonymous) on November 13, 2008 at 6:22 p.m. (Suggest removal)
It's amazing at how differently people look at things today than when I was a child. Bill Clinton would have and should have been impeached for his actions. OH, EXCUSE ME, he was an attorney. But back in the day when we had morals, he would have been impeached. As for Sherrie, 1.8 million or $917, stealing is stealing. She goes to Church, but folks that doesn't make her a Christian. No more than owning a car makes her a race car driver. I don't know her heart, nor if she truly has one. I'm not a judge, nor do I have the desire to be one. But as the Judge said, this was a crime of pure greed. She might get over on us again this time, but one day there will be a true judgement day. Heaven help her then, as you reap what you sow. I am sure for a change she'll really feel the heat then. What is sad is how she tries or rather her attorney does on her behalf to justify her actions. If this had been a bank robber who had took the money from the bank and was caught. Am I to believe for a minute that when the robber gives the money back he walks away free from being prosecuted? I don't think so. In this day of instant gratification, in the here and now world we live in, one can justify anything they desire to and do each and every day. That doesn't mean that they are right, quite to the contrary. Sherrie took that money, lived the high life and thought she was above and beyond the law. I think anyone in her position, the punishment for shafting the COMMON man should be tenfold. Not mearly a slap on the wrist. But rest assured, she might get over on us as I said earlier. But I assure you, the true judgement day is coming. Hades is full of attorney's, adding one more there won't be a problem.
Posted by patwilliam (anonymous) on November 14, 2008 at 8:09 a.m. (Suggest removal)
Well said andybulldog
Posted by eyezwidopen (anonymous) on November 15, 2008 at 5:18 p.m. (Suggest removal)
After following this story from the beginning to Ms. Phillips sentence, she has received and will contnue to receive special treatment. Once Judge Price realized he had taught her in law school, he should have recused himself from the case because it gives him the opportunity to not deliver the sentence she should receive just as a "common person" would have been given. Yes, he's a judge here in Montgomery where I now reside(I was reared in Andalusia) and he does the same thing up here. It is all about who you know. Stealing is stealing is stealing, whether it is $1.8 million or $1.08. What goes around comes around, and what is done in the dark, comes to light. It might take a minute for it to happen, but believe me those are true statements. How long has Ms. Phillps been stealing from the citizens of Covington County? How many thousands or perhaps millions does she have diverted into an offshore account or in a box in her back yard? What about Bill Greenwald, no one seemed to be concerned about him, he should have considered doing some checking himself before opening that account for her. Troy King himself should come down himself and investigate the corruption of this lady and her former office to see just how profitable it was for her to be the Probate Judge. Wake up people, you should demand to know the whole truth, not just what the lawyers and others in power want you to know.
Posted by kathy (anonymous) on November 17, 2008 at 4:04 p.m. (Suggest removal)
Pat hey please email me and tell me how to get the latest comments on Sherrie. While in the hospital I will still have my lap top if and when I am able.
kathy@oppcatv.com
Posted by rodg (anonymous) on November 20, 2008 at 5:43 a.m. (Suggest removal)
I can tell all of you a little up date ,I saw her walking down the street yesterday Nov 18th , all dressed up in a long black coat with a note-book in her hand ,FREE as a bird and maybe working for someone ? I feel we all in covington county has been let down ,none of us could get by with stealing !!!! I heard there was a boy that stole a computer from wal-mart and he is in jail ? We need to speak out yall!!!!!
Post a comment (Terms of Use Policy)
(Requires free registration.)