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Mobile County District Attorney John Tyson, Jr. brushed aside calls from the NAACP that he resign in the wake of one of his top investigators being investigated by the FBI this past weekend and reassured the public his office is capable of moving forward with both the prosecution of ex-Circuit Court Judge Herman Thomas and delving into any possible issues surrounding the resignation of Steve Giardini.
At a press conference in his offices on the fifth floor of Government Plaza Tuesday afternoon, Tyson reiterated that despite the resignation of Giardini Sunday, his office is moving forward with the prosecution of Thomas, who was indicted on 57 felony counts by a special grand jury March 27. Giardini was one of the attorneys Tyson designated to head up the Thomas prosecution, but the veteran prosecutor’s home was searched by FBI agents Saturday and he subsequently resigned from the D.A.’s office the following day.
“The Thomas case is difficult for everyone. This office, though, has worked, must work and will continue to work on that case as our laws require. That’s what we have been doing for over a year now. And that is what we do on every case. I am not about to abandon my duties in the case,” Tyson said.
Earlier Tuesday, local NAACP President Jimmie Gardner called on Tyson to resign, alleging that he was not treating the investigation of Thomas and Giardini equally, and accusing him of “half-truths.” Gardner called for the resignation in a press release rife with grammatical errors.
“The efforts to exposed allege criminal activities of ordinary citizens is no more important than exposing allege allegations of criminal activities within his own office,” the statement read. “The scale of justice is unbalance when those who are responsible for insuring equal justice for all refuse to maintain truthfulness and fairness.”
Gardner’s release also cited Lagniappe’s publication of Thomas’ indictment via the Web on March 27 as yet another reason Tyson should step down.
“NAACP makes this call for the resignation not only due to these immediate events, but from a record established by his office over a number of years. The NAACP cites: Allegations of the criminal leaking of the Secret Grand Jury indictment against Herman Thomas that was reported Lagniappe periodical had the Herman Thomas indictment published before Thomas was in possession of the indictment himself,” the statement read.
Tyson maintained that he has been open about the Giardini situation since he found out about it Saturday, April 5. The FBI has not said what, if anything, was seized from Giardini’s home, or why his house was searched. He has not been charged with anything at this time.
“We made swift, important and decisive decisions about what to do that resulted in him no longer being employed in this office,” Tyson said.
Giardini, 49, has worked in the D.A.’s office for more than 20 years and specialized in prosecuting sex crimes against minors. He has worked specifically with the Child Advocacy Center.
Tyson said he learned of the FBI search Saturday and had a conversation with Giardini’s attorney Dennis Knizley shortly afterward. He said that conversation continued Sunday.
“On the advice of his attorney, Giardini refused to answer my questions and resigned,” Tyson said. At the press conference Tuesday, Tyson said his office is currently researching whether there was any indication of trouble related to his work in the D.A.’s office.
“ This week we have begun to find out internally what, if anything, inappropriate might have happened with his work. We will not rest until we have finished with that work. And when we finish with that work we will react to it appropriately. In the meantime, we are assembling a team to handle the cases at the Child Advocacy Center. I want to especially assure parents of the children we are working for out there that we will have everything in good order pronto. Hopefully we will have our plan in order as soon as tomorrow,” Tyson said.
Tyson said he currently has no information of any problems related to Giardini’s work at the Child Advocacy Center.
As for how Giardini’s resignation would affect the Thomas prosecution, Tyson said Monday the veteran prosecutor was never the only attorney leading the case and that he anticipates no interruption in the prosecution. As for naming a new lead prosecutor, Tyson said for “all intents and purposes, I’m the lead lawyer.” Giardini’s expertise was to have been to ask sensitive questions of a sexual nature, Tyson said. He added that the turn of events has been shocking for his office.
Tyson maintains the Thomas case and Giardini’s resignation and involvement with the FBI have nothing to do with one another. He lauded his staff for pulling itself together this week after the shock of finding out about Giardini.
“All of us are in shock about the events that unfolded this weekend. I have to tell you how proud I am of the people in this office. They came in and heard some tough news on Monday morning. They squared their shoulders, held their heads up high and went to work, and I thing everything is ongoing. Right now I am so proud of the people in this office,” Tyson said.
jm says:
April 08, 2009
02:41 PM
What a sad, irresponsible, and embarrassing statement from the NAACP. It just seems to come out of nowhere. It’s obvious to anyone who is operating on reason that these allegations are nothing more than opportunistic on the part of the NAACP, as well as Thomas’ defense, each with their own agenda.
It’s premature to make any direct connections between Guardini and Thomas, other than irony. And that’s even assuming that the rumors about Guardini prove true, which it is way too soon to do. At this early stage, I don’t see how anyone can even begin to hold Tyson responsible for whatever’s going on with Guardini.
It would almost be humorous if not for the fact that they are inciting hatred and stirring up trouble that we don’t need in this town. I think you’re right Eel that this is heading towards a racial mess.
It’s looking like Thomas has absolutely no respectable defense available. He’s on his way down and out, and in a futile attempt to claw at the walls, he’s only causing more harm to his “beloved” community. Just how much of a disaster does he really want to leave in his wake?
bluedotbama says:
April 08, 2009
02:14 PM
Jag is right. But I will say this about Eric Holder: At least he had to guts to dismiss the case against Ted Stevens in Alaska because of deceitful, dishonest, lying federal prosecutors who were themselves guilty of misconduct. That takes an enormous amount of guts and integrity. And the last we need is more Federal involvement interfering with a local prosecution.
jagsouthern says:
April 08, 2009
01:19 PM
oh my gosh, legal you think Eric Holder & Company would come down here and give us JUSTICE. We see what the DOJ thinks of us every time we even talk about changing our government... that's just what we don't need or want. Tyson will sort this out and make the case against Thomas. Since when is "corruption" defined as a single bad apple and, I know, you can qualify that with the word "apparent" but it's easy to read between your lines.
legalwatchdog says:
April 08, 2009
10:09 AM
I am GLAD the FEDS are investigating the da's office given all this apparent corruption. I would encourage others to write to the US Atty's or to the attorney general's office and tell them Mobile need's effective legal guarantees of personal-security.
I was shocked at what "Cowboy Bob" said in the Press Register on Tuesday April 7, 2009. He wouldn't care if Giardini had killed Christ, he'd still be his friend? That was a TELLING comment! Shame on them if this is true! I hope the Feds can bring justice back to Mobile. I'm also thankful for the good media coverage on subjects like this and Becca McEvoys case. TV media coverage has helped enhance the accountability of the judicial process.
With all the cases tried in Mobile I can't believe the Department of Justice won't come take a look. Go to www.DOJ.GOV or www.stopfamilyviolence.org/
TAKE ACTION and write!
bluedotbama says:
April 08, 2009
09:19 AM
You are right murphygrad and I have to ask exactly how bad does it have to get before Gardner would not blindly support a black individual who is charged with something. How many black men and women of low social stature or means have been falsely accused and been ignored by the NAACP? The NAACP is supposed to represent truth and justice not blind allegiance.
murphygrad89 says:
April 08, 2009
08:52 AM
I like how the NAACP fella criticizes Tyson's office for leaking Secret Grand Jury testimony in Thomas' trial, and then goes on to say what the charges against Giardini are. Really classy.
Is this what the NAACP has come to? Asking for anyone who doesn't protect a corrupt black man's job to resign from his own? Not exactly what Ida B. Wells and Thurgood Marshall dedicated their lives to and risked their lives for.
bluedotbama says:
April 08, 2009
08:44 AM
I agree with you 100% on this one mobeeleel.
mobeeleel says:
April 07, 2009
09:39 PM
Amen bluedot. That press release was more like something we should be giving to third graders so they can find the errors. While I haven't been a big fan of the way Tyson has handled the Thomas case - or rather not handled it, in my opinion - the concept that he is somehow responsible for Giardini's situation is at best premature and most likely way off the mark.
If, and it's a big if, it's found Giardini was doing something wrong at work and John knew about it and did nothing, that's a different story. I'd be very surprised if that was the case. But if Giardini indeed had some kind of secret, evil life, I don't know how Tyson was supposed to know it and I'm not sure how it pertains one bit to Thomas.
Gardner and Cowboy Bob are reaching for everything they can here. It's looking like a bad racial episode is on its way.
bluedotbama says:
April 07, 2009
09:05 PM
What I don't understand is how Mr. Gardner has concluded with the lack of full disclosure of either investigation that there is unequal treatment. The fact that he can release a press release with poor grammar is informative itself. Oh and by the way his sister was Thomas' secretary so perhaps somebody less biased should be reviewing and issuing statements on behalf of the NAACP. Martin Luther King, Jr. gave one of the greatest speeches in American history....the "I have a dream speech". King said he saw a country in the future where someone was judged not by the color of their skin but by the content of their character. Gardner is doing the exact opposite. He is judging Thomas by the color of his skin and not the content of his character.
bluedotbama says:
April 07, 2009
08:14 PM
That's impressive that I am the only one you pay attention to.....Thanks for the compliment whether intended or not.
homer says:
April 07, 2009
06:20 PM
I can't wait for Bluedottyson to tell us how Tyson was once again doing his job while one of his investigators was doing something illegal right under his nose. I'm starting to think Tyson might be crooked, if he's paying so little attention to what is going on around him what is it he IS paying attention to? How could so many do so much wrong without the DA investigating anything?