Los Angeles, CA asked in Criminal Law for Alabama

Q: My boyfriend is in prison for murder in Alabama, but he wasn't the one who pulled the trigger.

He's been locked up since 2009. And he even testified against his uncle who was the gunman. Is there any pro bono lawyer in Alabama that can help.

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1 Lawyer Answer
Samuel G McKerall
Samuel G McKerall
Answered
  • Criminal Law Lawyer
  • Gulf Shores, AL

A: This is really, really hard to answer definitively. Impossible, really, but I can give you a little bit of an understanding of what you're up against.

Under your facts we don't know any of the circumstances of the murder, daytime or nighttime, was there more than one victim, was the victim a friend, acquaintance or a stranger, a child or an adult, straight or gay, black or white. What weapon was used, was the death quick or slow, painful or not, and whether torture or sexual violation or alcohol or drugs were involved. Was the murder the only crime committed or was another crime being committed at the same time? I could continue for quite a while with other things we don't know.

Here are the hard parts: (1) unless I am mistaken, in jail since 2009 means either that no appeal was taken or the time within which he could have taken an appeal has expired; (2) if your boyfriend was participating with his uncle in any way when the murder was committed then under Alabama law he is just as guilty as his uncle. It doesn't matter which one pulled the trigger.

I'm not saying its absolutely impossible to get this conviction reviewed. There may have been constitutional structural defects in the trial that would entitle him to a new trial. Post-conviction remedies are difficult to obtain - the bar is set incredibly high.

Probably the best you can hope for is parole in the not too far distant future, assuming he will be eligible for parole. Some sentences are for a number of years or for life imprisonment. Those carry with them the possibility of parole at some future date. Note I said possibility. There is no guarantee of parole in any case. Or, your friend could have been sentenced to life in prison without the possibility of parole.

I'm sorry to be so discouraging but the truth is what you need, and not some false hope.

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