State asks court to sentence Blakely to 36 months plus probation

A Limestone County jury on Aug. 2 convicted Blakely, 70, of first-degree theft of property and using his official position or office for personal gain, both Class B felonies. Blakely, who was the longest serving sheriff in the state until his automatic removal, has been held in the Limestone County Jail since his conviction. His sentencing hearing is scheduled for Friday morning.

The prosecution said in its motion that the sentence it recommends is the maximum sentence Blakely may serve under state law, but that it is appropriate in part because “accountability is critical when public officials violate their oaths and abuse positions of authority.”

The state said Blakely should serve his sentence in a jail outside Limestone County rather than in prison because his absence of prior offenses and his official contact with inmates preclude him from being placed in the custody of the Alabama Department of Corrections. According to the motion, multiple sheriffs have agreed to accept custody of Blakely. While Blakely could otherwise be sentenced to up to 46 months, the state said, the maximum sentence in a county jail is 36 months.

“To be clear, Blakely did not make bad decisions in the heat of the moment,” wrote Assistant Attorney General Kyle Beckman. “He calculated that he could steal and take what he wanted, and that no one would question him. … As a former sheriff, Blakely knew better than most the dire straits that can lead people to crime. Yet he committed his crimes anyhow, despite his elevated position in society, his six-figure salary, and the adulation from many in his community.”

Blakely’s lead attorney, Robert Tuten, did not respond to a request for comment Monday afternoon.

The 10-term sheriff who took office in 1983 was indicted Aug. 21, 2019, on 13 counts of theft and ethics violations. The charges arose from a referral by the Alabama Ethics Commission. The Attorney General’s Office dismissed three of the counts, leaving nine felony and one misdemeanor counts.

The jury found Blakely not guilty on eight counts, including the misdemeanor.

He was found guilty of a $4,000 theft from his campaign committee. Evidence presented by the prosecutors indicated Blakely intentionally had his campaign treasurer overpay a political consultant and arranged with the consultant to issue a refund to Blakely. The political consultant, Trent Willis of Huntsville, delivered a signed, blank check to Blakely, who made it out to himself for $4,000 and deposited it in his personal account.

In addition to $10,000 in fines, the state is asking that Blakely be ordered to pay the $4,000 in restitution. The state said in the motion filed Monday that this kickback “was calculated, cunning and criminal.”

Blakely also was found guilty of using his office for personal gain. The primary evidence supporting this count came from Blakely’s former jail clerk, Ramona Robinson. Robinson testified Blakely would frequently borrow money from a safe over which she had control that was used to hold inmate funds, and she would place an IOU in the safe each time.

Robinson said Blakely would periodically give her a check on his personal account to settle the IOUs, but he frequently instructed her to hold the checks rather than depositing them. Robinson testified she would have feared for her job if she failed to hold the checks as instructed. Evidence was presented that Blakely would have overdrawn his personal account if Robinson had not held many of these checks.

In its sentencing motion, the state labeled these loans “a gross abuse of power.”

“As sheriff, Blakely controlled virtually every aspect of these inmates’ lives — their sleeping arrangements, their meals, their ability to work, their ability to see family, and their money,” Beckman wrote. “The evidence at trial showed beyond a reasonable doubt that Blakely violated his oath of office and shirked his duty to those inmates.”

The state also focused on the duration of the misconduct.

“Blakely’s jail loans spanned more than 3.5 years, only ending sometime after he won nearly a million dollars in the lottery and the county jail transitioned to a cashless system,” Beckman wrote.

The state said a sentence on the high end of the allowable range was also appropriate because Blakely committed perjury when he took the stand.

“In Limestone County, only one man was the top law enforcement officer. That man was Mike Blakely. In Alabama, only one man has served as sheriff for 38 years. That was Mike Blakely,” Beckman wrote. “If Alabama is to send a message that all public officials are accountable to the law, to the oaths they swear, and to the people they serve, then Mike Blakely must serve significant jail time for his crimes.”

Since his conviction, Blakely has received no relief from retired Judge Pamela Baschab, who presided over his trial and will issue his sentence.

On the day Blakely was convicted, he filed a motion asking that he be released on bond until the sentencing hearing because, his attorneys argued, “defendant has been a lifelong resident of Limestone County, has strong ties and family in the community. Defendant is not a flight risk.” The judge has issued no ruling on that motion, which means he has remained in jail.

Blakely also filed a motion for a mistrial, attaching an affidavit from a juror who said she was badgered by other jurors into joining in a verdict she opposed. Baschab quickly denied that motion.

Coroner Mike West is serving as sheriff until Gov. Kay Ivey appoints someone to finish Blakely’s term.