Blackwood says he is confident every conviction presided over by Graddick will stand up
By Brendan Kirby
Published: Aug. 12, 2024 at 6:10 PM CDT
MOBILE, Ala. (WALA) - Mobile County District Attorney Keith Blackwood said Monday that about 15 convictions could be impacted by a judge’s ethical issues, but he added that he is confident all of them will stand up.
Questions surrounding the cases arose last week when Mobile County Presiding Circuit Judge Wesley Pipes said retired Judge Charles Graddick had stopped hearing cases part time due to a potential conflict of interest surrounding the fact that he did legal work for the city of Mobile while he also was presiding over criminal cases.
Pipes told FOX10 News that the court was informing attorneys whose clients had been convicted in Graddick’s courtroom since the beginning of 2022 in cases investigated by Mobile police. Although Pipes has not revealed how many cases might be impacted, Blackwood told FOX10 News that he believes it is about 15 based on conversations with the presiding judge. But the DA added that he believes those convictions are solid.
“I think it’s important to note that juries decided these cases that went to trial,” he said. “The ones that were found guilty were unanimous jury verdicts – same thing if somebody is found not guilty. That’s a unanimous jury verdict. So our view is that, you know, we feel like these convictions are gonna stand.”
The 79-year-old retired judge has served Alabama for decades, as Mobile County’s district attorney, the state’s attorney general, a judge and director of the Alabama Board of Pardons and Paroles. He could not be reached for comment.
Blackwood said he expects defense lawyers to challenge cases. But the fallout from Graddick’s departure likely will unfold in slow motion. It could be months, or even years before cases are impacted – if they are affected at all.
Blackwood said it is unlikely that Graddick’s potential conflict could be raised with appeals courts, which typically do not consider issues that a defense lawyer did not raise during the trial. It is more likely to be a post-conviction challenge available to defendants after they have exhausted their normal appeals. The trial court judge who handled the case originally, or his or her replacement, would determine if a defendant deserves a new trial – either because the original lawyer failed to provide an effective defense or because of newly discovered evidence.
One case that could be impacted faster is the June conviction of King Solomon Franklin, a Mobile teenager found guilty of murder in the June 2021 shooting death of another teenager. He was supposed to be sentenced last month, but it is on hold because of the issue involving Graddick.
Defense attorney Josh Briskman said it is an issue that he could raise in a motion for a new trial.
“I have a world of respect for Judge Graddick,” he told FOX10 News. “I really do.”
Still, Briskman said, if Graddick had a conflict of interest – even if he was not aware of it – it could be grounds for a new trial. He said he has not decided how to proceed.
“We’re probably going to see how the sentencing goes,” he said.
The victim’s mother told FOX010 News that she is too emotional to talk about even the possibility of having to endure another trial.
The ethical issue surrounding Graddick involves work he did for Mobile’s Office of Professional Responsibility, which Mayor Sandy Stimpson created in 2021 to investigate complaints against city employees – including police officers.
Stimpson told FOX10 News last week that his administration raised concerns about a potential conflict of interest after a change in the law allowed Graddick to get additional pay for judicial work beyond his retirement benefits. That law, which took effect in January, allows retired judges called into interim active duty to be paid $780 per day for up to 50 days in a calendar year.
According to the city, Graddick’s role was helping develop policies and procedures for the Office of Professional Responsibility.
“He, I’m told, was in a role where he was trying to help the city, in their professional conduct,” Blackwood said. “And, you know, there’s an allegation that there was a conflict, but I’m not even sure that there was one.”
And even if there was a conflict, the district attorney said, it would take more than that to overturn convictions.
“There has to be some kind of prejudice to the defendant,” he said. “And, I mean, anybody that’s tried a case in front of Judge Graddick – he is the most fair and impartial judge; you know, one of the most fair and impartial judges out there.”
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