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Empty courtroom representing the Foley man blind plea hearing in Baldwin County

Foley Man Facing Child Sexual Abuse Charge Set for a Blind Plea in Baldwin County Court

James Bullard, September 10, 2014

A Foley man accused of sexually abusing a 7-year-old girl was scheduled to appear at a mid-September 2014 plea hearing in Baldwin County court, according to records reviewed at the time.

The 35-year-old defendant, whose home was listed in the 13200 block of Thomas Trail, was expected to enter what is known as a blind plea during the Sept. 15 hearing in Bay Minette, court records indicated. He faced a charge of sexual abuse of a child younger than 12 years old, stemming from an allegation dating to 2010.

What a blind plea means

A blind plea is a plea entered in court without a sentencing recommendation from the prosecution. Rather than agreeing to a negotiated outcome, the defendant leaves the sentence entirely to the discretion of the judge. It is a route defendants sometimes take when no plea bargain has been reached but they nonetheless choose not to proceed to trial. Because the prosecution offers no recommendation, the approach carries real uncertainty for the defendant, whose punishment rests wholly with the court.

The charge and the arrest

Authorities arrested the man in December 2012 on the charge of sexual abuse of a child less than 12 years old. According to the affidavit filed in the case, the allegations described conduct against the young girl that formed the basis of the felony count.

Given the sensitive nature of the case and the age of the child involved, court proceedings were handled with the discretion typical of such matters in the Baldwin County system. The scheduled September hearing represented a pivotal moment in a case that had moved through the court process for nearly two years since the arrest.

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A case in the Baldwin County system

The hearing was set to take place in Bay Minette, the seat of Baldwin County government and home to the circuit court where felony matters from across the county — including Foley and the rapidly growing communities of south Baldwin — are resolved. Cases involving allegations of child sexual abuse are among the most serious that prosecutors handle, and Alabama law provides for significant penalties upon conviction.

The blind plea scheduled for that September hearing signaled that the case was approaching a resolution, with the outcome to be determined by the judge should the defendant proceed as court records anticipated. As with any pending criminal matter at that stage, the defendant remained entitled to the presumption of innocence unless and until a plea was entered or a conviction obtained.

For a community the size of Foley, court dockets in Bay Minette were a regular reminder that the machinery of the justice system continued its work well out of public view, moving cases toward conclusion months and sometimes years after the events that first brought them to the attention of law enforcement.

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  3. Baldwin Insiders Split on Senate Runoff: ‘Razor Thin’ or a McKinney Win
  4. Summerdale Father Indicted on Five Charges in the Bathtub Death of His 11-Month-Old Son
Bay Minette Foley 2014 court caseAlabama lawBaldwin CountyBaldwin County Circuit CourtBay Minetteblind pleachild abusecourt docketcourt newscriminal casecriminal justicefelony chargeFoleyjustice systemlocal courtplea hearingprosecutionsexual abuse of a childsouth Baldwin CountyThomas Trail

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