BEVERLY BRABHAM WINS HER CASE!!!

------ Original Message ----- 
    From: Beverly Brabham 
    To: Undisclosed-Recipient:; 
    Sent: Wednesday, February 23, 2005 12:28 PM
    Subject: Newspaper article on unanimous jury verdict!

    Click to see article:
    http://www.al.com/news/birminghamnews/west.ssf?/base/community/110915463142240.xml
    The damage amount of $75,000 was not allowed to be mentioned in court.  I had declined a $1,000 out of court settlement, so that was interjected by the losing attorney :-0

    On February 15, 2005, Beverly Brabham received a favorable verdict by unanimous 12 member jury.  They found a police officer guilty of assault and battery. 
 


Woman wins case against officer in assault charge 

    Wednesday, February 23, 2005 

    LIZ ELLABY

    News staff writer 

    A woman declaring herself the victim of small-town injustice won a lawsuit against an Adamsville police officer she said assaulted her. 

A Jefferson County jury awarded Beverly Brabham $500 of $75,000 sought for damages, pain and suffering in connection with a 2002 DUI arrest. 

Brabham had accused Officer Keith Henderson of assault and battery for coming into her house without cause, threatening her with physical force and rough handling during the arrest. 

Defense attorney Tim Donahue said Henderson that day was responding to a disturbance call and found Brabham "sitting behind the wheel of her car with a beer in her hand." He maintains his client didn't enter the house or do anything wrong. 

The city and three officials named as defendants had been dismissed earlier from the lawsuit. 

Brabham, who said she was drinking but not driving the day of her arrest, represented herself in three of four separate legal cases stemming from the DUI charge. 

Brabham brought her first complaint to federal court in 2003, saying the Adamsville city judge had ignored her request for a court appointed attorney. An attorney was appointed after an court observer was sent to watch over the city's handling of the case. 

Brabham later plea bargained the DUI to public intoxication but then refused to pay a $33.50 court cost added after the agreement was signed. The additional cost was the subject of a second lawsuit, also in federal court, for breach of contract. 

That case was dismissed because the state had jurisdiction. 

It was only at this point, Donahue said, that Brabham began talking about being assaulted. In October, a newly appointed Adamsville judge wiped out the $33.50 cost. 

Donahue said Brabham nevertheless gained the jury's sympathy by mentioning her 22 city court appearances related to the prosecution and collection proceedings. 

He said the information should have been excluded from the trial. He is considering an appeal. 

Brabham said the verdict gave her renewed trust in the justice system. "The arrest was wrong and therefore so was everything that followed from it," she said. 

E-mail: eellaby@bhamnews.com


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