A Guilty Plea in the Sherrie Phillips Saga

From the Andalusia Star News and al.com, Evergreen attorney John Brock entered a plea of guilty to third degree perjury for his role.  Here (John Brock plea documents) is the plea paperwork.  Although I don’t agree with what he did, I don’t see how Attorney Brock can be guilty of perjury under Section 13A-10-103 because a requirement of perjury is that the person be under oath.  If all he did was file paperwork, he shouldn’t have had to file an affidavit or any other type of oath.  However, since this is a misdemeanor plea, his lawyer might just be taking the best deal available.  Also, a felony plea or conviction would likely be an automatic loss of law license so perhaps this is the smartest move for him under the circumstances.  Since stuff disappears from the al.com website pretty often, here is Connie Baggett’s story from al.com:

Evergreen judge pleads guilty to perjury; accused of mishandling $3.2 million estate

EVERGREEN — Municipal Judge John Brock could lose his law license after he pleaded guilty to perjury Thursday in connection with the mishandling of a $3.2 million estate case.

“A complaint will go before our disciplinary board,” said Tony McLain, general counsel for the Alabama State Bar Association. “If this is deemed a serious crime, the attorney (Brock) could face suspension or disbarment.”

McLain said the board typically finds any crime involving dishonesty or misrepresentation a “serious crime,” and the stiffest punishment would likely result.

Brock, 62, runs a private practice in Evergreen and also serves as the city’s municipal court judge. Brock pleaded guilty to third-degree perjury for knowingly filing misleading documents in the estate of a Conecuh County man.

The state attorney general’s office handled the prosecution, and retired Monroe County District Judge William Causey presided in the case. Causey was appointed when local judges stepped aside, including District Judge Jeff Brock, a nephew of the accused.

John Brock was ordered to pay a $3,000 fine, court costs and $500 to the Alabama Crime Victims Fund. He also received six months in jail, although that portion of the sentence was suspended.

The misdemeanor guilty plea stems from a tangled estate case that also led to the conviction of former Covington County Probate Judge Sherrie Phillips, 58, in November.

Evergreen Mayor Larry Fluker could not be reached for comment Friday, nor could John Brock or Phillips.

According to court records, Cary Douglas Piper, 52, of Castleberry died in January 2007, leaving an estate worth $3.2 million.

His friend, Mary Drew Sullivan, also of Castleberry, hired John Brock to act as her attorney in an effort to be named the administrator of Piper’s estate.

Sullivan said that Piper had no known relatives.

According to court records, Brock had Sullivan move accounts to Region’s Bank in Andalusia and then filed a petition to be named the estate’s administrator by Phillips, a longtime friend of Brock’s.

Agents from the attorney general’s office filed charges against Phillips in June 2008, charging the probate judge with taking $1.8 million from the estate and opening a bank account in her own name.

Agents said she spent more than a half million dollars of the money paying off personal debts, buying cars, remodeling her home and loaning money to relatives.

She also took a $405,000 fee for administrative costs that the courts ruled was “egregious and impermissible.”

Brock took a similar fee. Both have repaid the money as ordered by the courts.

The scheme unraveled months ago, when six first cousins of Piper’s came forward, inquiring about his estate.

Phillips was convicted of theft in November and sentenced to 10 years in prison. She remains free on bail during appeal, but the conviction was affirmed by the Alabama Supreme Court in July.

Sullivan filed a civil lawsuit against Brock and Phillips in June.