Judge dismisses all cases against SPD officers
Published 4:07 pm Wednesday, May 22, 2019
According to an order from the Dallas County Circuit Court, all cases against the three Selma Police Department (SPD) officers placed on administrative leave last year have been dismissed “without prejudice.”
“It’s incredible,” said Montgomery attorney Julian McPhillips, who has represented the three officers throughout their court hearings. “These guys have been persecuted beyond belief.”
The three officers – Toriano Neely, Jeffrey Hardy and Kendall Thomas – were placed on administrative leave with pay last November.
Within weeks, they lost their compensation and were indicted for providing false statements in relation to an ongoing investigation.
McPhillips has maintained, and still maintains, that neither he nor the officers know exactly what they were being charged with.
“It’s one of the worst, ill-spirited prosecutions ever, anywhere,” McPhillips said. “These officers have been hurt, their good names and reputations tarnished and sullied, for nothing.”
In his motion to dismiss the charges, McPhillips alleged that the grand jury process, which only allows for a handful of people to be present during hearings, had been tainted by the presence of Special Agent Susan Smith of the Alabama Attorney General’s Office.
The dismissal order concurs, noting that Smith’s presence lended more credence to her testimony than that of the officers.
During grand jury testimony, Smith, lead investigator in the case, was taking notes of witness testimony before taking the stand herself.
According to the order, the only people allowed in during grand jury testimony are those tasked with documenting the proceedings, such as stenographers, and interpreters.
“This court understands what happened and finds no intentional or willful violation,” the order stated. “However, the rule and statute has been violated.”
For his part, McPhillips plans to file suit against Smith and demand that the officers be reinstated and receive backpay.
“We’re going to go and try to get some justice for these guys,” McPhillips said.