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Phillips guilty
Jury convicts on theft, ethics charges
Published Thursday, October 30, 2008
Photo by Andrew Garner
Phillips leaves the courthouse Wednesday afternoon.
A jury of eight men and four women deliberated less than 40 minutes before finding former Covington County Probate Judge Sherrie Phillips guilty of theft by deception and ethics charges Wednesday afternoon.
Specifically, the jury found her guilty 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;
• 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.
Phillips faces a maximum penalty of two to 20 years of imprisonment and fines of up to $30,000 for each count, all of which are class B felonies. Judge Charles Price has set sentencing for Wed., Nov. 12.
The verdict came at the end of a long day in court that began with the defense’s presentation Wednesday morning and included Phillips’ testimony. Closing arguments were heard after lunch, and the jury left the courtroom to deliberate at 3:48 p.m.
In closing arguments, attorneys for the state said that despite Phillips’ argument in her own defense that she had repaid $516,000 taken from an account established with funds from the estate of Cary Douglas Piper, “you can’t unsteal money.”
Phillips’ attorney, Riley Powell, told the jury in closing arguments that his client was guilty of making “bad choices” but that “she has already been punished.”
“She has lost her job, and her reputation will never be brought back,” Powell said.
Earlier in the day, Phillips testified that she resigned as probate judge because County Commission Chairman Greg White filed a complaint against her to the Judicial Inquiry Commission.
“I decided in was in the best interest of the people of Covington County to resign,” she said.
As the defense presented its case, Powell called attorney Deb Smith, who has practiced probate law in Phillips’ court; Darwin Pippen, who has served as a conservator in a large estate in Phillips’ court; and Phillips’ brother and son before putting the former judge on the stand in her own defense.
Phillips testified the account she set up at Edward Jones with a $1.8 million check from the Piper estate should have been set up as a public funds account rather than a personal account in her name. She said she provided her home address and Social Security number to personnel at the investment firm “because they asked” for it.
Phillips testified the checks totaling $516,917.50 that she wrote from the account were actually loans made to her family members and the amounts were repaid with interest when she deposited checks totaling $516,000 into the account on the morning of May 1, 2008, one day after investigators with the attorney general’s office appeared in her office with a subpoena for records in the case file.
Phillips was pushed by the state on cross-examination about her testimony that the funds were earning interest when used by her family when fewer funds were repaid than were taken out of the account.
“If you paid back $917 less than was taken out, if it’s not all put back, you did not pay it back with interest,” questioned assistant attorney general William Lisenby.
Phillips testified that “It was all put back,” and said the remaining money in the account earned interest.
She said the money “did not belong to anyone” while in the account at Edward Jones because it “was not ripened to the escheat process and there were no heirs.”
Six first cousins have since come forward and petitioned to have the estate reopened.
When asked if she or her family members benefited from the $516,917.50 spent from the Edward Jones account, Phillips testified that they did not. Pushed by Lisenby that portions of the money were used to pay off her mortgage, Phillips said she didn’t consider that a benefit because she still owed the money to the Edward Jones account.
It was a point to which the prosecution returned in closing arguments.
“Phillips said she put back $516,000 and her intent was to invest the money to make more money,” Baxley aid. “Here’s her mistake: She didn’t put back all of the principal (of $516,917).”
Throughout the case, Phillips’ attorney laid the groundwork for a defense that the state must show that Phillips intended to deprive someone of the money she is accused of stealing.
He specifically asked his client on the stand if it was her intent to steal the money.
Phillips, who wore a white turtleneck, dark tailored jacket and black beads, and exhibited a calm, almost sweet demeanor on the stand, said, “Not permanently and I intended to put it back.”
In one of the few light moments of the trial, Powell asked Phillips if she had “behaved like she won the lottery,” adding “like it said on the front page of the newspaper.”
Phillips replied that if she had won the lottery she would have probably “gone somewhere like the Cayman Islands.”
On Tuesday, a headline in The Star-News quoted a prosecuting attorney’s statement in opening arguments to the jury that Phillips “spent money like she had just won the lottery.” The prosecutor used the comment several times in the course of the three-day trial.
Phillips’ trial drew a crowd that at some points filled the courtroom. Over the course of the three days, the spectators included a retired probate judge from a neighboring county, a current circuit judge, a former bank president, numerous attorneys, elected officials, former and current employees of the probate office, and Phillips’ family members.
Comments
Posted by cbrown05 (anonymous) on October 30, 2008 at 6:11 a.m. (Suggest removal)
I salute theState Investigators, the prosecuting attorney and the jury in the Sherrie Phillips trial. It took only a few days and forty (40) minutes to lay out the case and render, what I think was a correct verdict. Shortly, we get to see the sentencing phase.
Though the statutes allow for a 2-20 year prison sentence along with hefty monetary fines, don't look to the court to make an example of Phillips. She will likely get an 8-10 year sentence, which will mean parol after serving 18-24 months of that sentence.
White collar crimes, especially when committed by political entities, have generally not been prosecuted nor ajudicated with enthusiasm in recent history. It will be no different in this case.
Posted by hdsd (anonymous) on October 30, 2008 at 8:20 a.m. (Suggest removal)
We all need to contact the Governor's office and stop him from appointing Greg White, I hear it may be happening. Lee is there now, if he can't stay. We may need a special election for us to have a say. But not Greg White, he has messed the county up as Chairman. CALL AND HAVE OUR VOICE HEARD, now and not later,before its to late.
Posted by skeptic (anonymous) on October 30, 2008 at 8:52 a.m. (Suggest removal)
I hope Phillip's gets some jail time (lots of JAIL Time). Not "Probation" that is an insult to our system....You can't take money..get caught...then try to return it...NO no no....and you can't just say "sorry" I would imagine a lot of criminals would luv to use that excuse..
Posted by patwilliam (anonymous) on October 30, 2008 at 9:18 a.m. (Suggest removal)
I still am wondering why she got away with only paying back $517,000.00, which clearly there was more monies taken, I can't wrap my mind around that one? Is she going to have to pay back the rest, plus interest? Or is that a bonus for her? I hope she does spend some jail time, but it is very doubtful in my mind. I think the investigators should do some more indepth research into the records of the probate judge's office for the 20-30 years Sherrie has been involved in it's operations.....will they? Doubtful....they think they've won this battle, so will probably stop at that. I'm glad justice did prevail in this situation, though I think she should have been found "guilty" on all counts!
Posted by concerned1 (anonymous) on October 30, 2008 at 10:31 a.m. (Suggest removal)
I agree with patwilliam, why did she get away with only paying back that amount? It is okay that she still used money that was not hers to begin with? Is it okay to an immoral thing like this? I am sure her family benefited from some of this money. I wonder if they have been sleeping less at night? I wonder does Sherrie feel any remorse for what she did? I doubt it very seriously, she just got CAUGHT!!!!!!!
Posted by Blondie (anonymous) on October 30, 2008 at 10:33 a.m. (Suggest removal)
Think about the fact that they want to place Greg White in Sherri's place! How many of yall know that he worked and was the Accountant for Jim and Tammy Faye Baker................ The PTL Club.
Things that make you go HMMMMMMMMM
Posted by truebeliever (anonymous) on October 30, 2008 at 10:37 a.m. (Suggest removal)
What it all boils down to is no matter if you steal one dollar OR 1.8 million, you are still stealing. And also I don't believe you become a thief overnight , just like any other crime such as drug using or whatever you start out little and work up to the big stuff so yes they should check to see whats been happening in the last 20 years shes been in the position shes been in at the courthouse.
The old saying goes here, if it walks like a duck and talks like a duck..it's a duck!!..a thief is a thief is a thief.
What she should have done was to tell the truth and except what she done and her punishment instead of saying she was dissapointed with it, all she is really dissapointed in is the fact that she got caught....like all criminals are.
Posted by gypsy1 (anonymous) on October 30, 2008 at 10:46 a.m. (Suggest removal)
The fact that the money was returned is beside the point. It is like stealing an automobile-taking it for a joy ride and returning it to the owner..... HELLO it dont work that way!
Posted by Littlejohnny (anonymous) on October 30, 2008 at 12:47 p.m. (Suggest removal)
What about the Administrator and Lawyer in Conecuh County. Did they repay the 415K? Any ramifications for them?
Posted by byside1 (anonymous) on October 30, 2008 at 1:55 p.m. (Suggest removal)
She needs to spend time in jail, just like anyone else. If they don't send her to jail then they are only sending a message to all the younger people its okay to steal from other people, just so you give back when you get caught. If she only gets probation then everyone that has been charged with theft charges for the first time should only get probation!!!!!
Posted by admin23 (anonymous) on October 30, 2008 at 3:54 p.m. (Suggest removal)
Most do if it is their first time with theft charges. Look into the court files to find out for yourself. Not saying that is what she will get that is up to the judge. But a lot of the defendants with theft crimes do get probation.
Posted by info4u (anonymous) on October 30, 2008 at 4 p.m. (Suggest removal)
Probation is a joke! When you steal you steal and a slap on the hands doesn't teach a thing. I would like to see her spend time in jail, pay the fines, repay all the money with interest, and hopefully she will loose her retirement and health benefits. This will sent a message to everyone that when you break a law and you are found guilty you must pay for that crime no matter who you are.
Posted by shilohgirl (anonymous) on October 30, 2008 at 4:45 p.m.
(This comment was removed by the site staff.)
Posted by jorskippy (anonymous) on October 30, 2008 at 4:55 p.m. (Suggest removal)
Does anyone believe that she would have paid back one cent if she hadn't gotten caught? Does anyone believe that this was the first time she stole from her office? She knew what to do and how to do it. Thumbs up to whomever reported her to the authories....I belive this was Greg White. Good job. Keep up the good work.
Posted by andervic (anonymous) on October 30, 2008 at 7:09 p.m. (Suggest removal)
Judges are lawyers.
I attempted to get a new Judge, so the Bank hired another lawyer to protect the current Judge. My Grandmother, who gets no protection from the Judge against the Bank, has to pay the Bank to protect the very Judge who is promoting her exploitation!
Guardianships are money-making adventures for the lawyers and the Court system.
The law specifically states over and over that guardianships are for the "benefit of the protected person". The truth is guardianships are for the benefit of the Banks and lawyers.
These people have got to be stopped from sucking the life out of innocent and disabled people.
We have got to do something.
Posted by Debba99 (anonymous) on October 30, 2008 at 7:35 p.m. (Suggest removal)
She should be sent to REGULAR prison for a very long time........20 years sounds reasonable for what she is guilty of as a public official, penalties should be considerably higher not less. Ban country club for white collar criminals and send them straight to regular prison; strip her of all her government paid benefits and bar her from EVER serving in a public position and/or handling other people's funds again. It's not often these corrupt public officials get caught and brought to justice, make HER an example!
Posted by ElaineRenoire (anonymous) on October 30, 2008 at 9:09 p.m. (Suggest removal)
One has to wonder how many people have stood before then Judge Phillips as she presided over their case and dispensed injustice.
A judge who didn't intend to steal the money "permanently" (how nuts is that?) and who made the decision to steal it in the first place had no busines judging anyone.
The people have got to call for all her cases to be re-opened and examined.
Probate judges are in the position of rubberstamping unlawful and abusive guardianships. People suffer loss of freedom, estates, and many times even loss of life. How many guardianships did Phillips preside over? Each and every one should be reviewed for impropriety.
www.StopGuardianAbuse.org
http://NASGA-StopGuardianAbuse.blogspot....
Posted by patwilliam (anonymous) on October 31, 2008 at 10:06 a.m. (Suggest removal)
I totally agree with ElaineRenoire. Each and every case she has presided over should be reviewed for improprieties. Maybe all of them aren't tainted, but I guarantee you will find "errors" in the majority, especially the high dollar ones.
It is such a shame that this is the type person that we elect and put into these positions and then we have to "trust" them that they will treat us fairly in any and all matters that we may be forced to go before them with. I am the administrator of my father's estate, which isn't worth much, but still remains to be settled. Thank God Sherrie won't be the one to preside over the dispursements of any funds that may come into it. I am relieved that at least she won't get any of his money! But for all the other folks who have already lost to her, I hope you will report it and get your cases reopened and reviewed by a trustworthy judge. If you feel you have been raw-ended, don't just let it go....move forward, make your voice heard, and get to the bottom of it....bring her up on more charges if she's wronged you....she deserves every bit she gets....it's just so sad to know that she has deprived so many people of their rightful inheritances.
You can't "unsteal" money, and no, I don't for one second believe she intended to pay this money back, until SHE GOT CAUGHT! Congratulations to whomever it was that turned her butt in! I commend you!
Posted by Tippy (anonymous) on November 1, 2008 at 7:43 a.m. (Suggest removal)
Don't believe for one moment that this is the only case she stole from and maybe some conservators were in cahouts with her!
Posted by Blondie (anonymous) on November 1, 2008 at 9:57 a.m. (Suggest removal)
Hey Sherri, I dont think you have to worry about what people "will" think of you and your family. You fixed that for them! Now you sit and think about that.... seems you are going to have alot of free time on your hands now!
Posted by bkace (anonymous) on November 1, 2008 at 10:54 a.m. (Suggest removal)
Sherrrie has been working for an attorney since she resigned. I sure wouldn't want to use that law office. The comedians could have a field day with this mess. Harsher punishments for people who are sworn to uphold the law is what I say.
Posted by andalusiaadvocate (anonymous) on November 3, 2008 at 2:41 p.m. (Suggest removal)
I love how so many people can sit in judgement. I wonder how you all became so sinless...
Posted by patwilliam (anonymous) on November 4, 2008 at 8:17 a.m. (Suggest removal)
Well, we will just wait until sentencing day now and see what happens there...and to andalusiaadvocate....NOONE said anything about being sinless, just we think Sherrie SHOULD and MUST pay for her CRIME. After all, she was CONVICTED.....guess a jury of her piers thought she wasn't clean, huh.
Posted by bkace (anonymous) on November 5, 2008 at 2:14 p.m. (Suggest removal)
Wake up andalusiaadvocate!! Sherrie has already been found guilty by a jury of her peers. Just to remind U of a few of her outright lies. She did not pay all the money back. It was no accident she put the money in a personal account. She should know the law and know she can't legally borrow money for herself or her family members. The account did not draw the proper interest. ALSO SHE knew she closed the estate before the law permitted it.
Posted by Ineedtobeheard (anonymous) on November 7, 2008 at 10:48 a.m. (Suggest removal)
Yeah, I hear that attorney, David Harrison, that she's working for happens to be her "cousin"....wonder if he too benefited from her theft! I still can't understand why she didn't pay back ALL the monies! It's crazy...and she got away with it....duh! And for the record,....David was convicted of some drug charges a few years back...and now look, he's back practicing criminal law???? Kinda makes one wonder about the system.....who did he pay off to get reinstated???? How much of this estate's money did he take to defend his cuz???
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