An attorney for Tom Herder, who was arrested for disorderly conduct following a “stop and frisk” investigation by the Mobile Police Department Feb. 1, has asked for a jury trial in the case. Attorney Josh Briskman entered a not guilty plea on Herder’s behalf this morning and has filed a discovery request against the city.
“We want to know exactly what they are saying Tom Herder said on the day in question — what the city’s evidence is going to be,” Briskman said. “I feel pretty confident based on our own information and the people we’ve talked to, and from what I gathered from what (Mobile Police) Chief Barber said, there are witnesses in this case with a vastly different view.”
Herder, who was picking up trash and walking his dogs at the time, was stopped by two officers investigating a string of burglaries in midtown. Herder said he became agitated by the actions of one officer, who acted particularly aggressive after Herder failed to produce an ID. Once they confirmed his identity, Herder was released, but Barber later said at a news conference he was arrested for disorderly conduct after he continued to be “very loud and very obscene.”
Herder insists he acted within his rights. The police department said there is no audio or video of the incident. A hearing in the case has been set for April 22. Judge Shelbonnie Hall will preside.