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County court did not err
Appeals court upholds Phillips’ conviction
Published Friday, July 24, 2009
The Alabama Court of Criminal Appeals has upheld the conviction of Sherrie Reid Phillips, former probate judge of Covington County.
A Covington County jury in October found Phillips guilty of theft by deception of $1.8 million and intentionally using her official position for unlawful personal gain for herself or a family member. The state originally brought six counts of theft and ethics violations against her.
The case involved the estate of a deceased man, Cary Douglas Piper of Castleberry in Conecuh County, who appeared at the time of his death to have no heirs and no will. Six first cousins were later identified.
State law sets out a probate process called escheat, in which the assets of a person who dies without heirs or a will are turned over to the state, where they are held for 20 years in case heirs appear.
During the trial, witnesses testified that Phillips used a $1.8 million check from the estate to open a personal money market account with Edward Jones, using her home address and her Social Security number. She then spent more than $516,000 of the funds, with which she paid off personal debt, purchased two vehicles, paid for repairs to her home and loaned money to two relatives.
She repaid the money to the account after investigators from the Attorney General’s office served a search warrant for records in the case and just hours before she was scheduled to be interviewed by those investigators.
Phillips, who was represented in her appeal by David Harrison of Geneva, raised five claims of alleged reversible error by the trial court in denying her motion of judgment of acquittal. Assistant Attorney General Andy Poole represented the state in the appeal.
In the appeal, Phillips argued that the state failed to prove whom the owner of the Piper estate was and therefore failed to prove she was not in rightful possession.
In the appeals court ruling released Friday, Court of Criminal Appeals Judge J. Elizabeth Kellum wrote that “Contrary to Philips’s contention, regardless of whether the monies from the estate had passed to the State under the escheat process or not at the time Phillips deposited the $1.8 million … the funds were entrusted to Phillips in her position as probate judge and until such time as they escheated to the state, belonged to the estate.”
Phillips also contended that the state failed to prove theft by deception because, she claimed, the evidence failed to show that she made a false statement to procure the property and failed to prove she intended to deprive the owner of the property.
“The evidence established that Phillips met with (administrator Mary Drew) Sullivan and (Sullivan’s attorney John) Brock several times to discuss probating Piper’s estate,” Friday’s ruling stated. “…in her role as probate judge, (she) was not supposed to take possession of the monies or proceeds of the personal assets of the estate until 12 months had passed from the publication of notice … and was not supposed to take possession of proceeds from the sale of real estate until after two years from the date of the publication of notice… The evidence established that Phillips improperly took possession of the monies from the estate early and converted the estate funds for her personal use.”
The $1.8 million was turned over to Phillips less than a year after Piper’s death, court records showed.
Phillips also claimed in her appeal that the state failed to prove that she unlawfully used her position for personal gain, specifically arguing that the state presented no evidence that Phillips or her family members “gained” from her actions.
Kellum wrote, “Although Phillips paid back the principal amount she withdrew from the Edward Jones account, Philips exerted control over the property and converted the property to personal use. Furthermore, the benefit to her of eliminating car payments and a mortgage payment, as well as the benefit of home repairs, amounts to a personal gain.”
Criminal Appeals Court judges Samuel Henry Welch and Mary Becker Windom concurred with Kellum; presiding Judge Kelli Wise and Judge James Allen Main recused themselves from the case.
Montgomery County Circuit Judge Charles Price, who heard the Phillips case after local judges recused themselves, in November sentenced Phillips to a 10-year split sentence with three years’ imprisonment.
Since that time, she has remained free on bond pending appeal.
Joy Patterson, a spokesperson for Alabama Attorney General Troy King, said Phillips does not have to report to jail until she receives a certificate of judgment from the appellate court. Once she receives that, she has 14 days to request a rehearing; if the appeals court denies that request, she’ll have 14 days to petition the Alabama Supreme Court for cert, or a legal review, before having to report to jail.
Comments
Posted by andervic (anonymous) on July 25, 2009 at 6:27 a.m. (Suggest removal)
Sherrie you can appeal all you can afford to, just go serve your time. Then come back an run for office again.
Posted by justice (anonymous) on July 25, 2009 at 7:03 a.m. (Suggest removal)
run for office again oh you friends or whatever with her do you think she will get votes?
Posted by Ineedtobeheard (anonymous) on July 25, 2009 at 9 a.m. (Suggest removal)
....DADADADA! The Countdown's on! OORAH!
Posted by nwcorner (anonymous) on July 25, 2009 at 1:51 p.m. (Suggest removal)
Throw the book at her, It is about time the higher ups get put into their place. Everyone was created equal so they should be punished equal!!!! If I had been the one to swindle someone out of that kind of money I would have got at least 20 years. The bottom line is " No Sympathy" the same goes for all of these ceo's running with the money and stealing retirement funds.
Posted by lookeyhere (anonymous) on July 25, 2009 at 3:44 p.m. (Suggest removal)
So if I commit a crime and I am found guilty, I get to stay out of jail for a year? Oh and then I get all these appeals,Hahah what a joke.
Posted by Ineedtobeheard (anonymous) on July 25, 2009 at 3:52 p.m. (Suggest removal)
Yeah Lookeyhere, if you are Sherrie Phillips or some other high standing official in the Covington County judicial system...don't matter...but if you are just a person who works and pays taxes...better not, cause you would have already been in prision/probably never even been able to make bond...I hope the girls are waiting for Miss High & Mighty...tsk, tsk, Sherrie,...you play, you PAY!
Posted by outlaw11 (anonymous) on July 25, 2009 at 4:01 p.m. (Suggest removal)
According to the law?...there is no 'printed' law that has allowed Ms Phillips to remain out on bail...the only reason she is out is because of our local system...should I say "friends of the court"...it may be 'Short' on issue or under the scrutiny of "religious beliefs", or, it may simply be a question of "country club", but, as everyone above stated, if we were the 'found guilty' we would be in jail filing our appeal claims...welcome to the Good-Old-Boys way of serving Covington County...look deep and vote accordingly next time.
Posted by andervic (anonymous) on July 25, 2009 at 5:05 p.m. (Suggest removal)
Justice
She thinks people will reelect her because she hd no opposition the last time. beleive me i am not a fan of hers and her ways.
Posted by bob (anonymous) on July 25, 2009 at 6:53 p.m. (Suggest removal)
Rumor has it that officers of the law were unable to find and serve Phillips with papers yesterday. Was that perhaps by design (as in friends)?? Have they looked under the "rock" where vermin congregate? Why has the plane (that was given to the sheriffs dept. to find missing persons) not been used? Surely it could find something as big as the Escalade she drives and paid for with money stolen from a dead man. I agree Covington County needs to be very aware of "who they are voting for". I always thought Judges took an oath to sit on the bench and judge everyone fairly and to the best of their ability and to render judgement accordingly to the letter of the law no matter who the person was and not recuse themselves when they deem it not popular.
Posted by GetAGrip (anonymous) on July 25, 2009 at 7:17 p.m. (Suggest removal)
Please read the articles before commenting. JUDGE PRICE FROM MONTGOMERY gave her an appeals bond, which she made, which is why she has been out for the last year. The ATTORNEY GENERAL prosecuted the case, and handled the appeal. Once she has exhausted her appeals process, JUDGE PRICE will be the one making decisions regarding sending her to prison.
So many on this blog are always so quick to jugde our elected officials. None of them are perfect, just as none of us are, BUT we did elect them, and if we don't like the job they're doing, then do something about it during the next election. In the meantime, INFORM YOURSELF before making comments that are incorrect and BLAME THE WRONG PEOPLE.
I'm just as ready as anyone to see her go to jail. She has always seemed to consider herself so much above everyone in this county and above any authority.
Posted by outlaw11 (anonymous) on July 25, 2009 at 8:30 p.m.
(This comment was removed by the site staff.)
Posted by covingtoncountycitizen2008 (anonymous) on July 25, 2009 at 11:28 p.m. (Suggest removal)
It looks to me like one of the bloggers on here is an elected official.
Posted by beeinbonnet (anonymous) on July 26, 2009 at 9:09 a.m. (Suggest removal)
If she is guilty, she is guilty, no need to sugar-coat anything! But if you judge, you will be judged!
Posted by ToldYouSo (anonymous) on July 26, 2009 at 9:23 a.m. (Suggest removal)
GetAGrip is EXACTLY right! How can anyone in the county be so misinformed as to blame local officials for this situation?
Perhaps SOME have reason to not like our Judges...like convictions, etc.
As one who has actually traveled outside Covington County, one would be hard-pressed to find a better slate of Judges, in my opinion. And with a few mistakes, our Sheriff has become the best in many years. At least he can speak (not hide) and presents himself, and the Office, professionally.
Posted by charlie_murphy (anonymous) on July 26, 2009 at 10:10 a.m. (Suggest removal)
So right beeinbonnett...the court handed down it's verdict. Guilty. She will serve her time when the process is complete.
Posted by lookeyhere (anonymous) on July 26, 2009 at 10:32 a.m. (Suggest removal)
I am not criticizing anyone.I do understand that there is a process that must take place,but I also understand why people would be a little upset by this whole mess.I mean come on,when was the last time someone was found GUILTY of a crime in Covington county and remained out of jail for a year?
Posted by dixiemomma (anonymous) on July 26, 2009 at noon (Suggest removal)
Everyone has the same exact rights. The difference is the have's and have not's.
Posted by winkie (anonymous) on July 27, 2009 at 8:49 a.m. (Suggest removal)
At least Sherrie wasnt as stupid as some thieves. You might as well take a million dollars than to take a penny. Same Same.
Posted by Mediator (anonymous) on July 27, 2009 at 10:55 a.m. (Suggest removal)
Well, being careful not to judge anyone, I must say that this is a prime example of the corruption of officials in Andalusia and Covington County, not to imply that it stops there.
20 years of service and only one incident, Hmmmm!
I wonder what a full investigation of similar officials would turn up?
Posted by Blondie (anonymous) on July 27, 2009 at 11:30 a.m. (Suggest removal)
When she serves her time will it be in a "regular" prison, or will she get to stay in one that caters to her needs? Put her in general population and let her see what the other half lives like!! Let her know that she is no better than any one else!! I my self despise to see her when I run into her and she acts like she is better than everyone else , that she cant be touched. WELL SHE IS GONNA BE TOUCHED!!
Posted by beeinbonnet (anonymous) on July 27, 2009 at 11:44 a.m. (Suggest removal)
Mediator, you said it right on the mark! Thank you!
Posted by nurse (anonymous) on July 27, 2009 at 1:37 p.m.
(This comment was removed by the site staff.)
Posted by jamthree (anonymous) on July 27, 2009 at 2:12 p.m. (Suggest removal)
this kind of thing probably happens way more than we'll ever know because of the good ole boy system around here.there are many crooks that appear to be well to do citezens,until they're caught.
Posted by Shamrock (anonymous) on July 27, 2009 at 5:04 p.m. (Suggest removal)
Will someone have the courage to explain who the "good ole boys" and other similar phrases, are?
I'm not an Alabama native, although I have been here over 35 years. No one is willing to tell me who these people are that have so much power that certain ones can "get away with murder".
Just thought to ask. Any takers?
Posted by GetAGrip (anonymous) on July 27, 2009 at 10:18 p.m. (Suggest removal)
No, I am not an elected official. I just get tired of the soap box. No matter what the topic, some people use this blog to criticize our local officials. I don't agree with every elected official in this county, nor do I subscribe to some of their politics, but I DO believe in being as well-informed as I can and laying the blame at the proper feet. If they are at fault, by all means say so, but if they're not, then criticize where it's warranted and leave the rest alone.
Posted by Ineedtobeheard (anonymous) on July 28, 2009 at 9:38 a.m. (Suggest removal)
Sherrie Phillips is guilty. She was found guilty by a jury of her peers. She was sentenced to a 10 year sentence. Her conviction was upheld. What's more to know. She should go now, serve her time. And we all know she's got money stashed out. She wasn't so stupid as not to help herself to other estates monies I am sure. She is set for life monetarily. She's no idiot, as I think she would like us to think. Further investigation into her "court dealings" is a must in my opinion, but probably will never happen.
I know she's got more appeals, and that's just plain wrong. She knows she is guilty. This was not a matter of circumstantial evidence. They had the plain hard facts backed up by all the evidence they had and have on her. She was convicted. I think she shouldn't be afforded any appeals, but that's my opinion.
Anyways, I do read the papers, and I know a little bout what's going on here, though to mention names here is out of the question cause it will be deleted, but I do agree there are so many corrupt individuals in our legal/judicial/court systems...but hey the old saying..."You gotta be a crook to be in the system..." that's true, the court system, in it's entirety, from the DA's office right on down...
Posted by billybob (anonymous) on July 28, 2009 at 11:54 a.m. (Suggest removal)
I still believe in the 1st amendment. I get get criticized and second guessed by my boss everyday. I don't think anyone in public office or employed by the government is above criticism or being second guessed by their boss... thats you and me. If someone wants to excercise their first amendmant right here I am all for it....thats what comments are for. That being said, let piggy ...I mean phillips follow the due course of the law and have all the appeals she is allowed. She is just delaying the inevitable. What bothers me is she got a ten year split sentence with 3 years imprisoned. I suppose this will be a federal prison....wouldn't want her to meet someone bad there. After that, 7 years of probation? Thats a good split for her. I sure hope a convicted felons can't practice law in the state of Alabama. Anyone know?
Posted by rgodwin (anonymous) on July 28, 2009 at 12:38 p.m. (Suggest removal)
The money from the Piper estate was most likely, just the big payoff. I'd be willing to bet that she has stolen hundreds of thousands of dollars over the years and that should be investigated too if she's only serving 3 years. I never have understood and never liked writing a Check to Sherry Phillips. If checks were made to Probate Judge, this may have never happened. It always looked to me like a license to steal and apparently it did to her also.
Posted by Kathy052 (anonymous) on July 28, 2009 at 12:40 p.m. (Suggest removal)
I just wonder how long it is going to take for all the appeals to run out? I am not going to pass judgement cause the truth is in the reading of the paper she did the crime and now do the time. But I know I am going to get a lot of feed back. But it is who you are and what you are. If it was myself I would be wearing a orange suit and in jail.
Posted by rgodwin (anonymous) on July 28, 2009 at 12:46 p.m. (Suggest removal)
Kathy052, most anyone else would have been dressed in orange a long time ago for much less of a crime and been sentenced for a much longer of a time. Her 3 year sentence is a joke!
Posted by WAtidefan (anonymous) on July 28, 2009 at 6:03 p.m. (Suggest removal)
If she can't practice law, maybe she can go to the NFL. :-)
I agree with rgodwin. You can bet this isn't the first estate she has helped herself to. My guess is that she pretty much nickled and dimed it until she came upon the big prize. Her greed got the best of her. Most likely if she had continued with the small fry, she would have gotten away with it indefinitely. Just my thoughts.
Posted by trisha9 (anonymous) on July 28, 2009 at 6:16 p.m. (Suggest removal)
It is so sad that all these people have nothing better to do than open their mouths and show how STUPID they really are. I could only wish that this was a member of each of your families going through this and then maybe you would shut up. I would hate to be anyone of you when you stand before Jesus Christ on Judgement Day. I love you Sherrie
Posted by nurse (anonymous) on July 28, 2009 at 9:16 p.m. (Suggest removal)
Trisha9, the difference in us and you is...when our families do the crime, they have to do the time. It truly amazes me that she thinks she has done nothing wrong, and apparently her family and friends think the same thing! You people need help. The only victim(s) in this situation is the family of Mr. Piper. So, quit trying to make Sherrie out to be the victim...she surely is not.
Posted by leroyinandy (anonymous) on July 28, 2009 at 9:39 p.m. (Suggest removal)
You know, I am personally tired of hearing about Sherrie Phillips. She messed up and now she has to deal with it. What she did was not right but I am certainly in no position to judge her or anyone else. I understand also that everyone has the freedom to express their opinions but respect the fact that someone will most likely be offended by what you have to say, good or bad. It's just part of the world we live in. So, let's all just leave Sherrie alone and let her deal with her demons!
Just to be clear, I am not related to Sherrie Phillips. I have only met her one time and that was a business to business interaction and she was very helpful.
Posted by winkie (anonymous) on July 28, 2009 at 10:46 p.m. (Suggest removal)
I'm quite sure if there are any family members who have had problems with Sherries ruleing and handeling their parents estates they will retain an out of town attorney shortly. Good Luck. You know who you are.
Posted by rodg (anonymous) on July 28, 2009 at 10:48 p.m. (Suggest removal)
If she had stole YOUR Family's MONEY ,you would see her different . Let them express them selves .
Posted by Kathy052 (anonymous) on July 29, 2009 at 7:27 a.m. (Suggest removal)
I know Sherrie and her family and her brother is still considered a good friend. But the truth is the truth. She got caught and there are still people out there that hasn't. But the thing is and I will ask again.HOW MANY MORE APPEALS CAN SHE GET???????? She can get them till the money runs out and by being able to afford this kind of crime she has to have alot money money than we all know about. If she didn't she wouldn't be out on appeals. Yes there isn't a one of us that don't have secrets in our closets and let me tell you one thing don't use the Lord in this. Cause I am a living miracle of his doing and I have the most faith that the Lord above even looks down on sinners. So don't bring the Lord in here until you can bring prayer back to the schools and else where.Oh Lord forgive me cause now the bomb is really going to hit me. Wrong is wrong and right is right but to go around with that smile on her face I would be to a shame to even poke my head out of my house if I did something to a family like she did.
Posted by average_joe (anonymous) on July 29, 2009 at 9:05 a.m. (Suggest removal)
Hey Mr. District Attorney, Mr. Attorney General, why are you not investigating other thiefts by Phillips? Surely there were other estates that she fleeced. Or are you a part of the old buddy system and let your fellow lawyers "slide"? Both of you will be running for re-election, how are you going to respond to why you looked the other way concerning investigating other thiefts from estates by Phillips? No wonder our young people are skeptical of our justice system!
Posted by msh (anonymous) on July 29, 2009 at 12:59 p.m. (Suggest removal)
Our district atty has been told to butt out, two judges backed out saying they have to work with her office, which doesn't make sense, so we are left with an attorney general who got all the headlines he needed at the time and he could care less. Bart Taylor went to prison for drugs and Harvey Tipler got in trouble over prostitution, but other lawyers around the square can wheel and deal all day long and nobody does anything about them. All i know is that they all live the finest houses in town and live in high style. One of them has had his name on the court docket in years and spends all his time at city hall one has to wonder how he makes a living.
Posted by andervic (anonymous) on July 29, 2009 at 2:29 p.m. (Suggest removal)
I can tell everyone from experience with her they need to look at her cronies she gave Ad Litems to. when a lawyer charges $6000 for an audit of the account you are right it does not take long to deplete a trust. check these ad litems accounts to see if any checks were written to sherrie phillips for the referral. hmm might have some of them squrming.
Posted by pathenley (anonymous) on July 30, 2009 at 6:54 p.m. (Suggest removal)
Has anyone heard if the papers have been served to Sherri yet? ( It was written earlier that the "law could not find her to serve them")I hope these comments continue to let her know how the citizens feel about the crime she did , and how she needs to pay for it - just as any of us would. I can not for the life of me see how she has been free to go around smiling as she is seen doing. I agree with another comment made , I never liked the idea of making checks payable to her name for my car tags , and such.
Posted by SouthernAttitude1 (anonymous) on July 31, 2009 at 1:32 p.m. (Suggest removal)
I think I would like sherrie to pay me back every check I wrote to her. It is obvious she was playing with ALL of our money. Once a thief ... always a thief. Good luck in jail sherrie, hope you find a nice friend.
Posted by nurse (anonymous) on August 1, 2009 at 3:29 p.m. (Suggest removal)
Just curious about why my comment was removed. I didn't say anything negative other than it made one wonder about Sherrie's affiliation with local charities. I didn't even name which charities I was speaking of. But don't worry, word of mouth is better than this forum anyway!
Posted by Ineedtobeheard (anonymous) on August 1, 2009 at 6:16 p.m. (Suggest removal)
You go nurse!
Posted by andyfool (anonymous) on August 2, 2009 at 3:47 p.m. (Suggest removal)
Yall just remember, this womans life is ruined. As a Public Servant she has betrayed the Public Trust. She may never hold office again. This will follow her the rest of her life. Actions this criminal never go away!
Posted by lo1an2go (anonymous) on August 4, 2009 at 8:01 a.m. (Suggest removal)
On the news a few days ago another public servant stole alot less money then sherrie and has already been to court, sentenced and will be turning herself in. So why not sherrie? I know of several cases she mishandled. in one, the statute of limitations had expired. so this has been going on for awhile. it should be like the IRS, if they find something they should be able to continue to keep going back.
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