SHERIFF HERBIE JOHNSON BROKE STATE LAW, SECTION 36-12-61

SHERIFF HERBIE JOHNSON broke State Law, Section 36-12-61 concerning use of property for campaigning.

"Section 36-12-61 - Use, etc., of state-owned property for promotion or advancement of interests of candidates for public office.


It shall be unlawful for any officer or employee of the State of Alabama to use or to permit to be used any state-owned property of any character or description, including stationery, stamps, office equipment, office supplies, automobiles or any other property used by him, in his custody or under his control for the promotion or advancement of the interest of any candidate for the nomination or election to any public office of the State of Alabama."
 
 
There seems to be a pattern by Herbie Johnson to do things that he accuses others of doing. 

AUTAUGA COUNTY JURY MEMBERS, COURTHOUSE LOCK-OUT, QUESTIONABLE ISSUES??

I have to raise this question, as I have been viewing different comments about the Jury Members in the Billy Brown trial, that took place this week, of Monday through Friday, July 19 = July 23, 2010.  I went to the Montgomery Advertiser site where people can make comments concerning different articles that were written  by reporters.  One particular comment caught my eye, because it raised a VERY LARGE RED FLAG.  Cigarettes seemed to be a large part of Billy's trial, since they were brought up on several different occasions.  NOW, cigarettes have posed a NEW and VERY IMPORTANT issue in Billy's trial.  Here is the comment from the Montgomery Advertiser site, and whoever made this comment, I would very much like to interview you.  (You can contact me via Murphree4psc@yahoo.com).  Also any of the JURY MEMBERS OF THE BILLY BROWN TRIAL, I would like to interview or speak with you, also. 


"grouchyoldlady wrote:
It seems awful funny that the jurors that smoke were told that they could not go outside to smoke due to the doors at the court house would lock them out. All of a sudden they were ready to get back up there and come with a verdict. Mr. skull shirt and the jury foreman were in a hurry to rush it up. Took them less than 10 minutes after that. As soon as they got through and got outside they lighted up their cigarettes. Looks like a smoke is more important than a mans life. Shame on you!"

7/23/2010 8:18:07 PM

http://www.montgomeryadvertiser.com/article/20100723/NEWS/100723006/Jury-convicts-former-Autauga-jail-warden



Now, if this really happened, and was witnessed by someone, it is a VERY important issue in Billy Brown's case, and the person who posted this, should come forward and verify that this took place.  It's a serious issue, if the jury members were feeling pressure to HURRY THEIR DECISION.  Whomever this person is (grouchyoldlady), I would very much like to speak with you.  I can put you in touch with the right people to also pass this information along to.  Serious things are happening in Autauga County and have been for a VERY LONG TIME.  ILLEGAL activity by court officials and public officials.  It's time that the citizens of Autauga County wake up and see what is really going on in their "sleepy town" and outskirts of town.  This is NOT the preferred community.  The law changes for Montgomery people when they cross the river bridge. 

Jury Finds Billy Brown Guilty on 2 Counts

http://www.montgomeryadvertiser.com/article/20100723/NEWS/100723006/Jury-convicts-former-Autauga-jail-warden

According to this article, Billy was stripped of his Coroner's position, and will not be able to run for  sheriff in the general election in November.  This is the end result of Billy announcing his run for sheriff, and I'm sure, the exact result Sheriff Herbie Johnson was looking for.

Bombshell of Sheriff Herbie Johnson Using Another Piece of County Equipment for Personal Gain!!

It appears that Sheriff Herbie Johnson has used yet ANOTHER piece of County Equipment for Personal Gain.  Billy Brown's Attorney, Ben Schoettker,  pointed out a major flaw in Sheriff Johnson's former testimony from Thursday that he wasn't aware of a CAMPAIGN sign being on the 4-wheeler that he rode in in Prattville's Fouth of July Parade.  Well, it appears today, that Johnson DID ride with a sign on the FRONT of the 4-wheeler.  HOW COULD YOU NOT KNOW THAT A CAMPAIGN SIGN IS ON THE FRONT OF A 4-WHEELER YOU ARE RIDING ON????   I call the sheriff's bluff  here.  I know that the sheriff uses county owned property (PARKING LOT), for his own personal gain.  Back in 2002, Johnson used a trailer he pulled around without a tag on the back, (yes through town), (AND without lights) with his campaign signs all over the trailer.  It was a major distraction at the corner of 4th Street and court street red light.  Herbie Johnson parked the trailer right in the corner of the parking lot, where the Prattville Chamber of Commerce building now stands.  This was the former parking lot for the COURTHOUSE personnel and visitors to the courthouse who conducted business.  You might remember this parking lot was being used, also, while the jail was being constructed. 

"The defense called a single witness Friday morning, Sheriff Herbie Johnson. Defense attorney Ben Schoettker presented a photo into evidence that showed Johnson driving a county owned four-wheeled utility vehicle in the recent Prattville Independence Day parade. Johnson had testified Thursday that he drove the vehicle in the parade but that it didn’t know if it had displayed one of his campaign signs.
The photograph from the parade showed a campaign sign on the front of the vehicle. Johnson said he didn’t see the sign while driving the vehicle, and wasn’t the person who decorated the vehicle for the parade. He said he didn’t put the sign on the vehicle."
 
http://www.montgomeryadvertiser.com/article/20100723/NEWS/100723025/Autauga+corruption+case+goes+to+jury

Montgomery Advertiser via Marty Roney ...TESTIMONY by Sheriff Johnson Acknowledging He Used His Office For Personal Gain

I guess I wasn't surprised about this stunning admission by Sheriff Herbie Johnson, concerning use of county property for personal gain. 

"On cross-examination by defense attorney Ben Schoettker, Johnson identified the utility trailer as being owned by the sheriff's office, paid for with public funds.

"The trailer loaded with twigs, do you use that for law enforcement purposes?" Schoettker said.
"No, sir," Johnson answered.
"Well, that's the same thing you are accusing Billy Brown of isn't it?" the lawyer countered.
"Yes," the sheriff answered.
"Using county property for personal gain?" Schoettker continued.
"Yes," Johnson replied.


http://www.montgomeryadvertiser.com/article/20100723/NEWS01/7230324/Autauga-sheriff-testifies-against-Brown

Back when Herbie Johnson ran for sheriff in 2002, he used a utility trailer at that time, with his campaign sign attached to the back of it, and left it parked in the corner of the parking lot across the street from the Courthouse, where the new Prattville Chamber of Commerce building stands now.  Johnson rode around with this trailer through town, without a tag on the back of the trailer, on several occasions.  He only removed the trailer when signs about Allen Cook were placed on the trailer.  You might remember Allen Cook.  He was the 19 year old inmate that died in "Herbie's Hilton" from a viral infection.  (that went untreated). 

Sheriff Herbie Johnson's Testimony in Billy Brown Trial...

The morning started off with the press having a few heated words with each other in the back room. Don't know what it was about, but Marty Roney, Montgomery Advertiser Reporter came out smiling. Maybe he'll take the time to fill us in??
There were about 40 - 50 individuals in attendance today, with a few of us taking notes in the audience. I didn't see one person in the jury "box" taking notes.

I'll give you a short run down of what I observed and took notes on.


Sheriff Herbie Johnson was sworn in. After asking about duties of deputies and sheriff, jailors & jail wardens, it was determined that Billy had some authority to make purchases of items needed in the daily operation of the jail. The Prosecution introduced a "list" that was broken down during the morning, concerning expenditures that were not authorized by the sheriff himself, and Billy Brown was being charged with all of the expenditures. The sheriff seemed to be clearly perturbed at times and quite forgetful when questioned about his own expenditures concerning a list he & the bookkeeper had come up with.

Billy Brown has been charged with using his office for personal gain. HOWEVER, after listening quite intently to testimony by the sheriff today, it was made quite clear that many expenditures on the list of the sheriffs' were not items that could "fairly" be charged to Billy. It was determined that Billy had given advances and bonuses to employees; purchased tobacco for the inmates, purchased flowers for sick family members of employees; money was spent on a baby shower for a female employee of the jail, while it was pointed out that Herbie had also made expenditures for a retirement party, which was "a.o.k". Some of the items in question were a little confusing, as the attorneys went back and forth with the list vs. checks that had been written. I'll try to get a more detailed account posted at a later date. HOWEVER, I do want to make one point clear that stood out as MONUMENTAL during the whole testimony procedure of Sheriff James W. (Herbie) Johnson today.

Billy Brown had purchased a "Trailer" which was on the list that Billy is being charged with as an unauthorized expenditure. The sheriff was questioned as to if law enforcement had had a use for the trailer. Herbie said, "yes.". The sheriff was then shown a photograph of a trailer that the sheriff identified as the same trailer on the "questionable list". He was shown a 2nd photograph and identified the same trailer sitting in front of his barn on his OWN PROPERTY, loaded down with limbs and twigs. When asked if he was guilty of the same thing he was charging Billy Brown with. He seemed to be embarassed when he admitted he was.. ..It appears to me that Billy can't be guilty of using his office for personal gain as most of the expenditures that were brought forth and addressed today, were expenditures pertaining to the jail. The only question is that the sheriff claimed that he had not authorized most of the expenditures, It appeared, after listening closely to testimony the entire morning, that Billy Brown WAS taking care of his jail employees, to the best of his ability. You could accuse him of being a good boss. MORE LATER.

Attorney Joy Booth 1st woman In Autauga County to be Appointed for a Major Judicial Seat

Prattville attorney Joy Booth made history by becoming the 1st woman in Autauga County "to hold a major judicial post."  Last week Governor Bob Riley appointed Joy to the District Court bench, to fill the vacancy left by Judge Phillip Wood. 

http://progress.montgomeryadvertiser.com/article/20100721/PROGRESS/7210330/Vacancy-on-district-court-bench-filled

Jury Selected...Autauga County Coroner, Billy Brown's Court Case Proceeds to Trial

I am glad that Billy's case is finally going to be  heard by a jury, and he will get to tell his side of the story.  Too much water over the dam, and too much political strife is involved in this case.  Billy Brown has wanted to be sheriff for a very long time.  Herbie Johnson wants to continue as sheriff.   It's quite clear to see that politics has a lot to do with what goes on in Autauga County.  I, personally have been libeled for a long time on al.com, partly due to my honesty in reporting.  I attended court in support of Billy yesterday, and was very impressed with the jury instruction by Judge Tracy McCooey.  I have never heard a judge state the duty & law that applies to the jury better than she. 

The following  are some comments from al.com concerning my attendance. 

4617.2.1. Hi Guys
by trailgal, 7/20/10 13:34 ET
Re: Good Morning all! by trailgal, 7/20/10
Boy sofa you really snuck in under the line. Good for you. It sure is a hot one out there. Keeping my little butt inside with the air. Think the deleter has her nose where it does not belong today. Will see if deletions come after court.LOL


4617.2.1.1. Will be
by trailgal, 7/20/10 13:41 ET
Re: Good Morning all! by trailgal, 7/20/10
a lunch break 12 to ? Central time.


Trailgal is Pat Cobern, of the Autauga County Democrats, and also a State Democrat Executive Committee Member and Representative for District 88 in Autauga & Elmore Counties.  Pat has held a grudge of me since 2005, and it's getting quite old.  She not only stalks me online, but now she is keeping watch of where I am in town.  I am supporting Billy Brown in his run for Sheriff of Autauga County.  Pat Cobern is supporting Sheriff Herbie Johnson, a Republican, although she is a Democrat.  (Prattville Forum, al.com)

4511. Billy Brown for Sheriff!
by DebMurphree2010, 6/17/10 9:28 ET

4511.1. Herbie Johnson for Sheriff
by trailgal, 6/17/10 10:16 ET

I wish Billy Brown good luck on his campaign.  We will be praying for your trial outcome, Billy!