On March 24, 1988, six black (6) teens (Roland Martin, Fred Brown, Steve Stewart, Melvin Ray, Archie Hamlet, and Curtis Richardson) were arrested in the early morning hours after an attempted burglary of a department store in Gadsden, Alabama.
After being arrested, the youth were all taken to a police station where they were interrogated by several officers (all white) for several hours. By the time the interrogations ended, well after 3:00 am, the youth were charged collectively with over 30 counts (appx. 5 to 6 counts each ) for many other unsolved burglaries in Gadsden. These children did not have any attorney present during these interrogations and no attempt was made to contact any of their parents until after the interrogations had ended.
Some parents were reached, some weren’t.
Later that same morning, these 6 children were taken before a judge for a “probable cause hearing.” None of the parents attended this impromptu hearing. And, none of the youth were represented by counsel. Somehow, with no opportunity to be heard, without any counsel, and with little to no evidence beyond the word of the police officers, the judge allowed for probable cause to be stipulated to for all 6 youth.
It is not known who the court allowed to stipulate to anything in behalf of the Gadsden 6 youth, but the record clearly shows that this is what occurred. We know that children could not stipulate to probable cause or anything else for themselves, and we know that no lawyers were appointed in the case until weeks later, in April; so the stipulation was not made by an attorney.
As a result of this stipulation, all 6 children were ordered to be detained in detention facilities pending further proceedings.
The next event to take place in these proceedings took place on April 6, 1988, when attorney J.B. Lofton was appointed.
This appointment of counsel came after these children had already been before a judge and after the court had already authorized custody to be taken from the parents.
Finally, with counsel now appointed, the judge set a hearing for April 28, 1988, and for the first time, issued notice and summons’ to the parents.
However, on April 27, 1988, just one day before the hearing was scheduled, the prosecutor filed a motion to transfer all of the cases of the children to the circuit court for prosecution as adults (for all non-violent property offenses). The juvenile judge granted pprosecutor’s motion that same day that it was filed !!!
The children were all transferred to adult without a hearing, without a lawyer being present, and without any of the children or their parents being present. In fact, apparently no one but the judge and the prosecutor ( the same two parties from the March 24 probable cause “stipulation” hearing) were even aware that such motion had even been filed. Proof that the attorney did not perform any services throughout these proceedings can be gleamed from the fact that his declaration for fees was voided right after it was filed.
In the end, these children suffered convictions in adult court for offenses that they never had legal representation on at critical stages of the proceedings , namely, during the interrogations and initial arrest, at the probable cause hearing when someone was allowed to stipulate to probable cause in behalf of the children, and when judge granted the prosecutor’s motion to transfer the cases to adult court. Of course, all of this was/is illegal.
All or most of these children suffered collateral consequences as a result of the actions taken in the juvenile court, including having these illegal prior convictions used against them both in and out of court, including two of whom who have had these illegal non- violent prior convictions used to enhance future sentences to Life Without Parole under Alabama’s Habitual Felony Offender Act.
We are asking that you support the Gadsden 6 as they fight for Juvenile Justice in Alabama.
WRONGFUL CONVICTIONS ALABAMA