Judge Anderson Gets Furious With State of Alabama Mental Health In Henry County Circuit Court

Rickey Stokes

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Posted by: RStokes
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Date: Jun 14 2018 9:36 AM

HENRY COUNTY: On June 8, 2018 20th Judicial Circuit Court Judge Larry K.. Anderson, the Presiding Court Judge and Senior Judge in the 20th Judicial Circuit held court in Henry County.

One of the cases before Senior Judge Larry K. Anderson was the Capital Murder case of defendant Herman Cunningham, Jr.

Cunningham was arrested by Henry County Sheriff Investigator Steve Sanders for Capital Murder on September 9, 2015. Cunningham is charged in the indictment for the murder of Apolinor Lerez, Jr. The case is a Capital Murder case because the allegations are the murder was during the commission of or an attempted robbery.

Representing Cunningham, court appointed, are Arthur Medley and Eric Davis. Representing the State of Alabama are 20th Judicial District Attorney Pat Jones and Assistant District Attorney Sam Clenny.

You never want to be behind the one that makes Senior Judge Larry K. Anderson mad. And he started off irate at the bench and popping snarky questions at the defense counsel. Everyone else in the courtroom goes "oh great, get Anderson in a bad mood before I have to go before him". As the hearing progressed Anderson finally understood why the defense counsel had filed their motions.

The hearing was a status call of the case and defense filed motions concerning multiple motions they had filed seeking the mental competency of Cunningham. The cases had to be continued because of Cunningham's lengthy stay at the State of Alabama Mental Health Facility - Taylor Harden.

Senior Judge Anderson seemed outraged over Taylor - Harden and the State of Alabama ( of which he works for ) treatment of Mental Health issues. Anderson said a December 2017 order was "as long as does not intefere with the trial", but Anderson said Taylor - Harden did intefere with the trial.

Anderson said he is tired of ordering Taylor Harden on anything. He did not cite the reason but it appears the evaluations and work product is not there. Anderson also told District Attorney Pat Jones that the Alabama Prosecutors could not get the Alabama Department of Forensic Sciences kicked into productive gear. It took the Circuit Judges of Alabama to get Forensic kicked in gear and he guess the Judges will have to get mental health going.

Anderson said the 20th Judicial Circuit took 10 years to get a capital murder case to trial. STRESSING NO FAULT Of District Attorney Pat Jones or Circuit Court Judge Kevin Moulton.

Anderson said Judge Conaway just tried a Capital Murder case for the 7th time a few weeks ago. Anderson said all that he is trying to do is to address the cases on his docket. If the State of Alabama is going to bring Capital Murder charges against defendants they can not just sit on the cases and never try them.

Anderson had provided funds for the defense to get a private mental examination. The defense said the motions they filed was so the State of Alabama could not continue the case from when it is set for trial in October. Anderson assured the defense this case was not going to be continuned again and would go to trial as set. Anderson suggested to District Attorney Pat Jones he could hire a private medical doctor for mental competency and depend on the State of Alabama for examination.

Cunningham also ohas a pending Attempted Murder case and Promoting Prison Contraband case while in the Henry County Jail. The indictment reads " did on or about July 9, 2017, with the intent to commit the crime of murder, attempt to commit said offense by using a razor blade t ocut the throat of Calvin Lee Morris while Calvin Lee Morris slept in his bunk located in the 14 man cell left of the Henry County Jail". Those cases are pending in Henry County Circuit Court and not yet gone to trial.

Anderson was frustrated and echoed those frustrations very sharply from the bench. He expressed his frustrations with the State of Alabama ( of which he is employed by ) and their lack of productivity and causing case back logs and cases to sit awaiting trial.

In October this case will go to trial or someone will be in deeeeeeeeeep trouble.

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