DOCUMENT 121

ELECTRONICALLY FILED
7/16/2019 12:39 PM
01-CC-2017-004044.00
CIRCUIT COURT OF
JEFFERSON COUNTY, ALABAMA
JACQUELINE ANDERSON SMITH, CLERK
IN THE CIRCUIT COURT FOR THE TENTH JUDICIAL CIRCUIT
JEFFERSON COUNTY, ALABAMA

STATE OF ALABAMA, )
)
v. ) CASE NO. CC-2017-4044
) CC-2017-4045
SHERRY WELCH LEWIS, ) CC-2017-4046
JERRY JONES, and )
TERRY WILLIAMS, )
)
Defendants. )

STATE’S OPPOSITION TO DEFENDANTS’

MOTION TO STAY PROCEEDINGS

The State of Alabama opposes the defendants’ joint motion to stay the proceedings. Further,

the State asks this Honorable Court to hear argument on this motion at the July 22, 2019 motions

hearing (less than one week away). In support of its opposition, the State offers the following:

1. Defendant Lewis was indicted in December 2017. The State agreed to two previous

continuances in order to permit Lewis adequate time to review the discovery and prepare a defense.

Lewis has had more than adequate time to prepare for trial. Lewis is not involved in the federal

prosecution referenced in the joint motion.

2. Lewis is charged with three felony offenses relating to her actions as a director on the

Birmingham Water Works Board. Lewis continues to serve on this Board. The public has a strong,

compelling interest in resolving the criminal charges against Lewis. This strong, compelling public

interest would be prejudiced by the grant of a stay. Lewis’ situation differentiates her from Defendants

Jones and Williams, as they do not have continued association with the BWWB.

3. If Lewis agreed to take a complete leave of absence from the BWWB Board of

Directors as a modified condition of her pretrial release (including giving up the monthly director’s

fee during the pendency of any stay), the prejudice to the State and the public would be lessened. The
 DOCUMENT 121

public’s interest in having the serious public-corruption charges pending against Defendant Lewis

and the need to protect and vindicate BWWB ratepayers’ interests warrant denial of the requested

stay, unless this Court took the action of barring Lewis’ further participation on the BWWB Board of

Directors until the resolution of the charges against her as part of any stay. The balancing of the

interests required to adjudicate the defendants’ stay application is one appropriate for oral argument.

4. Lewis’ motion for a stay makes the broad allegation that “multiple constitutional

issues pending before this Court” are likely to “evolve, change or become moot” based on federal

proceedings that do not involve Lewis. The lack of specificity as to this averment is telling.

Respectfully, this Court should inquire into what issues the defendants allege could be resolved by

the stay, as the State is aware of no issues implicating Defendant Lewis that will be resolved or mooted

by the federal proceedings. Defendants would not suffer any prejudice from having to participate in

the July 22, 2019, motions hearing and that hearing would allow this Court to make further, specific

inquiry into the generic averments made in the motion.

5. Lewis’ previous request for a continuance of the August 12, 2019, trial date was

granted before the State could file an opposition. Before granting further relief to defendants, the State

respectfully requests that the Court accept argument from the parties. This request is reasonable

considering there is a motions hearing scheduled in less than a week that counsel for the parties have

been aware of since June 20, 2019.

6. Although the State believes that the potential harm or prejudice to the public is

lessened as to Defendants Jones and Williams – neither has any continued association with the

BWWB – the Court’s taking argument on the issue on July 22, 2019, would be prudent. That is, the

State is filing its opposition promptly to avoid creating the appearance that it does not oppose the

request, so that the State’s ability to address this issue at the July 22, 2019, hearing is not mooted. The
 DOCUMENT 121

Court’s considering the defendants’ joint motion to stay at the July 22, 2019, hearing will promote

the ends of justice by ensuring that the State and the parties can fully address the implications of the

requested stay. It will also permit the State to fully consider the application for a stay by Defendants

Jones and Williams further, considering the time limitations created by defendants decision to delay

in seeking the stay of all proceedings (including the motions hearing) until less than four business

days beforehand.

Based on the foregoing, the State opposes the joint motion for a stay of the proceedings and

respectfully requests that the Court hear further argument on the motion at the motions hearing

scheduled for next Monday.

Respectfully submitted on this the 16th day of July, 2019.

STEVE MARSHALL
ATTORNEY GENERAL
BY—

/s/ James R. Houts

JAMES R. HOUTS
Deputy Attorney General

Sara M. (Peggy) Rossmanith

Kyle Beckman
Jasper B. Roberts
Assistant Attorneys General

ADDRESS OF COUNSEL:

Office of the Attorney General

Special Prosecutions Division
501 Washington Avenue
Post Office Box 300152
Montgomery, Alabama 36130-0152
(334) 353-2128
jhouts@ago.state.al.us
srossmanith@ago.state.al.us
kbeckman@ago.state.al.us
jroberts@ago.state.al.us
 DOCUMENT 121

CERTIFICATE OF SERVICE

I hereby certify that on the 16th day of July, 2019, I electronically filed the foregoing using
the AlaFile system, which will send notification of such filing to Elizabeth A. Young, Esq., and Brett
M. Bloomston, Esq., counsel of record for Defendant Lewis, Joshua Brikman, Esq., counsel of record
for Defendant Williams, and David McKnight, Esq., and U.W. Clemon, Esq., counsel of record for
Defendant Jones.

Additionally, a courtesy copy was served on counsel as follows:

Hon. Brett M. Bloomston

Brett@thebloomstonfirm.com

Hon. Elizabeth A. Young

Lyoung@dummieryoung.com

Hon. Joshua Briksman

jbriskman@briskman-binion.com

Hon. David McKnight

dmcknight@baxleydillard.com

Hon. Joel E. Dillard

jdillard@baxleydillard.com

Hon. U.W. Clemon

clemonu@bellsouth.net

/s/ James R. Houts

James R. Houts
Deputy Attorney General