Mobile Lawyer Christine Hernandez Held in Contempt Over Subpoena Served Mid-Trial

A Mobile attorney was found in contempt Friday after a judge determined she orchestrated the delivery of a subpoena to a defense lawyer directly in front of jurors during an ongoing murder trial, putting the entire proceeding at risk, according to court records.

Attorney Christine Hernandez dispatched process server and bail bondsman Edward Stokely Jr. to the Mobile County Courthouse on Nov. 18 to hand attorney Chase Dearman a subpoena. Dearman was there that day preparing to deliver closing arguments for Frederick Knight, who was standing trial for felony murder and first-degree robbery, per a contempt citation filed by Mobile County Circuit Court Judge Wesley Pipes.

Hernandez, widely known for representing the (now divorced) lesbian couple who successfully challenged Alabama’s same-sex marriage law, was representing a former employee of Dearman who had been accused of stealing from him.

How the subpoena was served in front of jurors

During a recess in Knight’s trial, Stokely served Dearman in the hallway outside the courtroom, where jurors had gathered because of COVID-19 protocols. Judge Pipes concluded the subpoena was served in front of the jury “intentionally and for no good reason,” pointing out that jurors were wearing blue stickers identifying them as members of the panel.

The judge said there was no reasonable way Stokely could have been unaware that he was serving Dearman in front of jurors.

“There can be no conclusion other than [Stokely] intentionally served the subpoena in front of them,” Pipes wrote, adding that even if Stokely did not intend to prejudice Knight, his actions threatened to do exactly that and placed the trial directly in jeopardy.

Mistrial motion and guilty plea

Dearman moved for a mistrial, arguing that jurors could have been confused by the subpoena, questioned his ethics, or wrongly believed he was facing some kind of criminal charge.

Following the mistrial motion, Knight reached a deal with prosecutors and pleaded guilty to manslaughter. The first-degree robbery charge was dropped.