The newest judge assigned to Limestone Sheriff Mike Blakely’s trial ruled Monday that evidence of the sheriff’s gambling habits could be introduced in trial so long as it was relevant to the specific charges he faces.

Former Alabama Court of Criminal Appeals Judge Pamela W. Baschab took over as presiding judge after retired Colbert County Circuit Court Judge Pride Tompkins recused himself from the case, citing concerns about the ongoing coronavirus pandemic among his reasons. Baschab met with attorneys on both sides of the trial Monday for a status hearing in which she discussed some of Tompkins’ rulings while presiding judge, motions left pending and how to handle the case moving forward.

One of those pending motions was filed under seal by the defense more than a year ago and called for any evidence of the sheriff’s gambling and drinking habits to be excluded from the trial, records show. Defense attorneys said Monday they were concerned the habits would be used for character assassination instead of evidence of a crime.

However, the state pointed out in a supplemental opposition filed recently in the case and again Monday that not including the evidence would prevent them from effectively arguing multiple counts in the trial. Baschab ultimately sided with the state, denying the defense’s motion in regards to evidence that was clearly relevant to the specific counts referenced in the state’s supplement.

Whether or not other motions could be filed under seal was also brought before the court, as Tompkins had said OK in the past but the circumstances have changed, according to attorneys. Beckman said the original order was in response to “a stir in the community” after information related to the sheriff’s personal health was made public — specifically, that he had possibly contracted COVID-19.

At the time, the disease was relatively new to the area, with very few cases throughout the state.

“No one understood what COVID was,” he said, adding Tompkins “was just trying to get this case to trial.”

Defense attorneys said Blakely was diagnosed with the disease soon after, and while “no one’s complaining about” the attention being paid to the case by news media outlets and the public, they worried not being able to file certain motions under seal could “generate unnecessary publicity” or affect a jury.

Again, Baschab denied the defense’s motion, saying they could request it again in the future for private issues but that the circumstances that led to the motion a year ago were no longer pertinent.

Logistics hearing

The last jury selection process in this trial required a larger facility than usual to accommodate the hundreds of potential jurors who were summoned, and that was before social distancing became the strongly encouraged practice it is today.

While all parties hope the pandemic will be much closer to over by mid-July, questions about where to host the next jury selection remain.

Beckman requested a logistical hearing and the opportunity to evaluate potential places in Limestone County for jury selection. It was eventually decided the hearing would be held during the third week of May, before juror questionnaires are distributed.

About the case

Blakely was elected sheriff in 1982 and pleaded not guilty to a 13-count indictment at a November 2019 arraignment. Two of the counts were later dismissed.

Of the remaining counts, four charge him with thefts from his campaign account, totaling $11,000; three are theft or ethics charges stemming from money taken from Limestone County funds; another charges him with soliciting $1,000 from an employee; and the final two charge him with using his position as sheriff to obtain interest-free loans, including from a safe that held money belonging to Limestone County Jail inmates.

The trial is due to begin July 12.