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1 year later, Phillips still free
Published Friday, June 12, 2009
File photo
Phillips, shown here leaving the courthouse in October, has not spent any time in jail.
A year after being indicted by a grand jury on felony ethics and theft charges, and seven months after being found guilty and receiving a 10-year split sentence, former Covington County Probate Judge Sherrie Phillips remains free on an appeals bond, waiting for the Alabama Court of Criminal Appeals to rule on her case.
In June of last year, Phillips, who was a four-term probate judge, was indicted on six felony theft and ethics charges.
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.
Phillips used a $1.8 million check from the estate to open a personal money market account, 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.
In October, a Covington County jury found Phillips guilty of two of the original six counts, including theft by deception of $1.8 million and intentionally using her official position for unlawful personal gain for herself or a family member.
In September, Phillips retired from office, although she had been removed from the bench pending the outcome of her trial. After being found guilty, she lost her license to practice law.
Phillips, who is being 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, based on her assertion that the state’s evidence failed to establish a prima facie case of the offense charged.
In the appeal, she 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 a brief filed by the office of Attorney General Troy King, the state argues that, “While Phillips might have had a claim as a fiduciary in her official capacity as the probate judge, her actions as proved by the state were personal actions beyond the scope of her authority.”
The state also argues that “(Phillips) did not document the $1.8 million through the normal procedure of the probate court where it would have been placed in a fiduciary account.”
Phillips also contends the state failed to prove theft by deception because it failed to prove any false or deceptive statements made by her. She also claims the state failed to prove she had the intent to deprive the owner of the property, and the state failed to prove the elements of unlawful use of official position for personal gain. She also argues that, because the money was repaid after the state began investigating, there was no personal gain.
But attorneys for the state wrote in its brief, “Not having a mortgage payment, car payment, or to pay for your own home improvements certainly is personal gain.”
A clerk in the Court of Criminal Appeals said Friday the case has gone to court. Attorneys familiar with the workings of that court said it could take up to 18 months for the court to rule.
Comments
Posted by sweetnannie (anonymous) on June 13, 2009 at 1:08 a.m. (Suggest removal)
a shame too...
Posted by biscuitsandhoovergravy (anonymous) on June 13, 2009 at 8:47 a.m. (Suggest removal)
Thank you Andalusia Star News for following up on this shameful story. It needs to be kept on the minds of the citizens of Covington County so we will think twice when deciding who to vote for in any election in the future. Also every time we see this thief slithering around town she needs to see the contempt clearly on our faces.
Posted by Ineedtobeheard (anonymous) on June 13, 2009 at 8:52 a.m. (Suggest removal)
and the saga continues....Phillips will NEVER serve ONE day in a jail or prison environment due to her actions...because she is who she is and this is such a sad state of affairs where a person in authority can have so many more rights than an average, hardworking individual would be afforded. In my opinion, she should have been in prison, NOT A COUNTY JAIL, pending the outcome of her appeals, and then she would at least have an opportunity to repent for some of her wrongdoings. And is she still driving around in that big vehicle she purchased, and still living in that house she remodeled as a consequence of stealing this money from this man's estate....the answer is probably yes to all, and does she have a mortgage payment/car payment?? Naaa, I doubt that as well. Is she still practicing law? I would think yes, considering she's employed by her attorney, David Harrison, who is another real piece of work to say the least....anyways, a matter of justice? Will never be seen in this case. Hopefully, others who were wronged by the likes of phillips will come forward and be heard, and maybe, just maybe, justice can be served for some of yall who have had such misfortune to have this person over your cases. Justice be served....
Posted by Ivarr (anonymous) on June 13, 2009 at 9:58 a.m. (Suggest removal)
Seriously, is anyone really surprised? The elite in this county have been screwing over the citizens for years.
Posted by lookeyhere (anonymous) on June 13, 2009 at 10:47 a.m. (Suggest removal)
No I am not surprised. I think once your found guilty you should start serving time.
Posted by andybulldog (anonymous) on June 13, 2009 at 12:29 p.m. (Suggest removal)
So let's get this straight, I rob a bank Monday, get caught, give the money back, no harm, no foul and I just walk away? Give me a break. A Forrest Gump quote comes to mind "Stupid is, as Stupid does".
Posted by Blondie (anonymous) on June 13, 2009 at 1:58 p.m. (Suggest removal)
AND THESE IDIOTS AROUND MOAN AND COMPLAIN ABOUT HOW MONEY IS BEING WASTED AROUND HERE!! This is a prime example! Look at the tax payers money that went for this trial.... and this heffer is still out there walking around like she is queen! She has this smirk look on here face, believing that she is a "free" woman, and probably will be!!!
Why wait..... she should have been shoved in a cell that samw day she was found quilty! A THIEF IS A THIEF!!!
Posted by sayitaintso (anonymous) on June 13, 2009 at 2:28 p.m. (Suggest removal)
come on people... it was just a loan!
like a 90 day signature.
Posted by monkeeman08 (anonymous) on June 13, 2009 at 10:15 p.m. (Suggest removal)
Guess she's a merit employee, too. . . .lol
Posted by covingtoncountycitizen2008 (anonymous) on June 13, 2009 at 11:54 p.m. (Suggest removal)
We can't blame anyone but ourselves for electing the people that serve in political positions. I am ashamed of several that I voted for especially in recent elections. It will never change that politicians will tell you one thing to get elected, then once elected fall right into the web and go the other way. I will say that all are not this way but 95% are. Name recognition and how much money you spend tends to win someone a seat. In the future elections, I for one will be involved a little more in these people that seek an office. Until drastic changes that stretch from the commission to the court system can be changed, the citizens of Covington County will continue on a dead end road. A new county administrator, county engineer, a couple commissioners, and county da would be a step in a positive direction. Some know the reasons why these should be replaced but for some that don't need to get more involved. Remember, every postion that was named is being paid by our tax dollars and nothing is wrong with finding out the way they are spent. If you only knew!!!
Posted by winkie (anonymous) on June 14, 2009 at 10:26 a.m. (Suggest removal)
Even Troy King is being investigsted. I say that one day soon we will see a lot of our State and County Officals go down and they will serve time. I have faith in Bob Riley.
Posted by winkie (anonymous) on June 14, 2009 at 10:29 a.m. (Suggest removal)
Yes Mrs. Phillips WILL serve time.
Posted by lookeyhere (anonymous) on June 14, 2009 at 10:33 a.m. (Suggest removal)
I will ask this question again. What does the county administrator job pay? I have heard so many different answers on this.I would think it would be public record,since taxpayers pay the salary.
Posted by bob (anonymous) on June 14, 2009 at 1:04 p.m. (Suggest removal)
Sherrie Phillips you need to slither back up under the rock with your cousin who is defending you. You are an embarrassment to the people of Covington Co. and Alabama. True justice will be when the handicapped, incapacitated people that you have unjustly stolen from and deprived them of their dignity can parade OUTSIDE the bars and view you in your cell while you make a tag with 23 Judge on it and wonder who will be driving the vehicle with this tag. IT WON'T BE YOU!!!!
Posted by bluesclues (anonymous) on June 14, 2009 at 6 p.m. (Suggest removal)
I saw her driving down hw 55 not to long ago in her cadillac escalade with the judge 23 tag still ON it!...i guess she gets to even keep that title huh. They should have made her take that tag off first thing. Its like a slap in the face to people shes stole from. I would be so ashamed if i were her , shes a joke.
Posted by realtrucker (anonymous) on June 14, 2009 at 7:33 p.m. (Suggest removal)
She passes me every morning on Hwy. 84 going towards Opp. Doing well over the speed limit with her Judge 23 tag on her big fancy suv. Where are all the law enforcement officers that should be stopping her for speeding? Just another example of how she apparently thinks she is above the law.
Posted by bubba (anonymous) on June 15, 2009 at 4:27 a.m. (Suggest removal)
What???? Has some people maybe figured out the reality of politics? It's who you are and what you have that decides where the law applies. But, when someone comes along that doesn't conform to that way of thinking, you people who are quick to give your self-righteous opinions here are the first ones to do the dirty work of getting the hammer, the spikes, and the cross to hang them from. Truth is not even a requirement. There's no sensationalism in the truth. Nothing much to talk about there. But, mix up some jealously, revenge, and stupidity and the lies that come from that, and alright, BS to spread and something to talk about. These conversations usually start with "I know for a fact" or "I heard from a reliable source" or " You know I don't lie". This 'I'm going to get involved with the next election ' doesn't mean anything, either. Everyone will believe what the money is selling. Look at your Sheriff's Office. It's all about the money.
Posted by winkie (anonymous) on June 15, 2009 at 7:38 a.m. (Suggest removal)
bubba, cant you read or understand Sherrie Philipps WAS FOUND GUILTY and will serve felony time and if you cant see the change in the Sheriffs office then you are liveing under a rock. The Sheriff department is so broke they cant even buy tolit paper. Thanks to people like Sherrie Philips and I hope and pray that the ongoing invest. brings everyone who has stolen money from taxpayers to justice.
Posted by info4u (anonymous) on June 15, 2009 at 7:43 a.m. (Suggest removal)
By the time Sherri goes to trial again they will more than likely say time served. I don't understand our legal system. The laws seem to protect the guilty while we wait for justice that rarely happens. Let one of us commoner commit a crime and we get the book thrown at us. There are two types of people that DO NOT go to jail, the 1st being the low lifes that have nothing so our courts feel it will be an expense on the tax payers to house them and 2nd are people like Sherri where the courts have no problem spending the tax payers money just because who they are. What is so funny you could say these two types of people fit in the SAME CLASS - ROTTEN!!
Posted by winkie (anonymous) on June 15, 2009 at 7:43 a.m. (Suggest removal)
Thank you Dennis Meeks for a job well done, so far. I hope soon the county can give your office the money you need to run a first class Sheriffs Department.Thank you again.
Posted by lifeisironic (anonymous) on June 15, 2009 at 12:24 p.m. (Suggest removal)
Yes I would like to also confirm that she FLIES around me every morning on 84 headed to Opp. It is ridiculous! The first time she came up on me I changed lanes to let her around thinking maybe something was wrong that's when I saw the 23JUDGE tag. I later found out that it was her. Maybe she is reading these comments and can see that people are pretty disgusted by her and that whole situation. I guess driving an Escalade tends to make you forget where you came from. Well Sherri, we all know where you came from and just how appealing that was! Don't think you are fooling anybody honey, you will never be a person of any social class other than the one you DID come from. No matter what you drive or how high you raise your dirty nose! Sad but true.
Posted by lifeisironic (anonymous) on June 15, 2009 at 12:38 p.m. (Suggest removal)
she is also drawing her STATE retirement, that worked out conveiniently!! She has no shame, but then again, you have to look back at where she came from to understand that one!
Posted by JJ (anonymous) on June 15, 2009 at 4:31 p.m. (Suggest removal)
Why is everyone complaining. YOU, the american people elected all the elected officals who make YOUR LAWS. They are the ones that allow these appeals after appeals to be done. YOU american's allow liberal attorney's to warp the law into their favor. YOU have no one to blame but yourself. I hope they let this lady walk out without serving a day, then perhaps a true American Revolution will take place where the courts, government and anyone else elected living on someone's money is thrown out with the trash. Its barn burning time again. YOU sit there and whin and cry, get a life and do something about it. Walk on Sherry Baby Walk on, keep rocking in a free world.
Posted by Kathy052 (anonymous) on June 15, 2009 at 5:03 p.m. (Suggest removal)
HEy you should have seen her at the rattlesnake rodeo like she was worth a million dollars. But stop addressing her as the covington county probate judge. You better move over when you see her coming cause she like to had rear ended me the only problem is I didn't no it was her or I might have slowwwwwwwwww down some.
I got a good one. I was going into the city of Opp building and took picture of what made me fall and injury my right hand and knee. All I did was ask them to pay my co-pay they let me know right quick that it wasn't the city fault I fell.There is a piece of cement missing and it caught the toe of my shoe and I fell flat on my face and a man came out to help me up and I was bleeding bad and wasn't even offered a band aid. We went back anad took pictures and there it was and the handicap ramp a police car was park there and in front of the police station and the light bill place ARE NOOOOOOO HANDICAP PARKING SPACES. I had one of the employees she told me where the nearest one was. By the central unit in between the building now Mayor Edgar didn't even have the common sense to at least call and say are you o.k. even after working for him for year.
Now what have all you gotta say about that? I hope it is good.
Posted by bluesclues (anonymous) on June 16, 2009 at 1:42 a.m. (Suggest removal)
She came around my daughter and I on the square back in Feb, almost ran us into another car she was in such a hurry that i thought something was wrong, when we figured out she had pulled over to where the Meridith Miracles building was making the sundae's from the candy. She was volunteering!..almost ran us off the road to get there, then she parked crooked on the side of the building on the main road and stayed there for hours. I was going to buy 3 of the sundaes, and would have if she hadnt of had anything to do with it. But i think she shouldnt be allowed to step foot in that building, shes a disgrace, and its sad they would let her help like shes an all good hearted person, shes probably eating more than shes putting in the glasses!....get her out of there, if she really wants to help people, send her to work in a soup kitchen somewhere.
Posted by bob (anonymous) on June 16, 2009 at 9:16 a.m. (Suggest removal)
I never knew of her actually doing any volunteer work. She always wanted her name and picture in the paper and the news media but she never did any of the work. I wonder if she is enjoying the publicity she is getting now??? What do you say now Sherrie??
Posted by lifeisironic (anonymous) on June 16, 2009 at 1:34 p.m. (Suggest removal)
JJ must be one of her classy kin folk the way he is defending her. Way to go there JJ!!
You sound like a real class act too!
Posted by outlaw11 (anonymous) on June 17, 2009 at 2:02 p.m. (Suggest removal)
bluesclues: Phillips is a close friend of Judy Simpson, grandmother of Meredit, and, Judy is the one who posted bail for Phillips. It is a shame that she is allowed to participate in that sale as it DID cost them loss of money from persons like you, me, and others. And, JJ is correct in saying that as long as we continue to elect these people, we are going to get more of the same...all the judges and the DA need to be replaced, but, won't happen anytime soon. The only one I voted for was Ashley McCathan and now he is retiring, so, we need to be careful in selecting his replacement. As for Phillips, I doubt that she will ever do time. Just my opinion.
Posted by winkie (anonymous) on June 18, 2009 at 2:32 p.m. (Suggest removal)
How strange that Ashley McCathan and Seth Hammitt are retireing......................and Troy King being investi. by the Feds. Lordy, lordy....................yes Sherrie will serve some Federal time, just like Martha Stewart.
Posted by lookeyhere (anonymous) on June 18, 2009 at 2:42 p.m. (Suggest removal)
I think its great that at least something is being done about these political figures that think they can get away with this. I do believe she will serve some time.I don't think it will be alot.
Posted by pathenley (anonymous) on July 2, 2009 at 8:56 a.m. (Suggest removal)
''Blondie'' I was reading the comments again to see if any new ones with any news about the case might be listed,and again when reading yours-- I got to read a comment that matches so many others feelings in this town. If IT HAD BEEN YOU , OR ME IN HER PLACE --WE WOULD HAVE SPENT LAST YEARS HOLIDAYS,(Thanksgiving, Christmas ) AND EVERY DAY SIENCE IN LOCKUP. ???????
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