Trammell v. Disciplinary Bd. of the Alabama State Bar
| Decision Date | 11 March 1983 |
| Citation | 431 So.2d 1168 |
| Parties | Warren Seymore TRAMMELL v. The DISCIPLINARY BOARD OF THE ALABAMA STATE BAR. 81-1046. |
| Court | Alabama Supreme Court |
J. Paul Lowery, Montgomery, for appellant.
John A. Yung, IV, Montgomery, for appellee.
This appeal arises out of a disbarment proceeding the Alabama State Bar instigated against the appellant, Warren Seymore Trammell. After conducting a full evidentiary hearing, the Disciplinary Board voted to disbar Trammell for violating four Disciplinary Rules of the Code of Professional Responsibility of the Alabama State Bar. That judgment is appealed and the following issues are raised: (1) that Trammell was forced to act in ways inconsistent with his duties as a member of the bar because of duress; (2) that law enforcement agencies in concert with a newspaper, entrapped Trammell, causing him to commit unethical acts; (3) that the Alabama State Bar produced insufficient evidence to sustain the judgment against the appellant; (4) that the Disciplinary Board improperly refused to allow the appellant to invoke the doctrine of equitable estoppel as a defense; (5) that Trammell's witnesses were improperly denied the opportunity to testify about his reputation in the community as to truth and veracity; and (6) that permanent disbarment is too harsh a sanction in this case.
Warren Seymore Trammell is an attorney and a former district attorney and state finance director. The Alabama State Bar charged him with violating four Disciplinary Rules of the Code of Professional Responsibility. Those rules are DR 1-102(A)(4), (5), and (6), and DR 9-101(C), and they read as follows:
These charges arose out of an investigation the Birmingham News conducted regarding allegations of illegal activity concerning paroles. The initial investigation implied that Trammell was possibly involved in a scheme to purchase paroles for inmates. The Birmingham News contacted the Attorney General's office with the information in the late spring of 1981, and the plans for a clandestine operation were set into motion.
With the cooperation of the Jefferson County Sheriff's Department, a plan was designed to discover any illegal activity on the part of Trammell. An inmate, James Harding, allegedly told a Birmingham News reporter, Mark Winne, that Trammell was trying to illegally obtain his parole. The plan the authorities devised was to have Harding contact Trammell and arrange a meeting between the appellant and Harding's "brother." In reality, Harding's "brother" was an undercover police agent named Timothy Kornegay. Harding arranged the meeting and Trammell met with Kornegay at the A.G. Gaston Motel in Birmingham. At their meeting, Kornegay gave Trammell money, which the Bar contends was a payment with which to bribe a member of the Alabama Board of Pardons and Paroles. In this way, Trammell would allegedly secure a parole for Harding.
The essence of the Alabama State Bar's case against Trammell consisted of six tape recordings. These tapes were made without the appellant's knowledge. Three of the taped conversations were between Trammell and Harding. Two of the taped conversations were between Trammell and Alberta Perdue, Harding's mother, and the final one was the taped conversation of a meeting of the appellant with undercover agent Kornegay.
On June 17, 1981, Trammell, after earlier seeing Harding in jail, met with agent Kornegay at the A.G. Gaston Motel. During portions of the meeting another undercover agent, a female detective with the Birmingham Police Department, was present in the same room with the two men. By way of hidden microphones, another police officer inside a van outside the motel recorded the conversation. At the meeting Kornegay posed as inmate Harding's out-of-town "brother" and he gave Trammell $1,200 in order to secure Harding's parole.
The Disciplinary Board listened to all six tape recordings and also heard Trammell's testimony explaining his actions. Before Trammell took the stand, character witnesses testified on his behalf. These witnesses were allowed to give their opinion about the appellant's general reputation in the community but were prohibited from expressing an opinion about Trammell's reputation for truth and veracity.
After considering the evidence, the Disciplinary Board found that Trammell had violated the Code of Professional Responsibility and ordered him disbarred. Trammell appeals that judgment.
Trammell asserts that any actions he may have taken that violated Disciplinary Rules were taken under severe duress. The appellant correctly maintains that duress can excuse an act which would otherwise be a crime. Haywood v. State, 43 Ala.App. 358, 190 So.2d 725 (Ct.App.1966).
The appellant insists that undercover agent Kornegay placed him in fear for his life. This alleged fear resulted from Kornegay's dress, speech and general demeanor during the meeting at the A.G. Gaston Motel. The record indicates that at one point during that meeting Kornegay said to Trammell:
At a subsequent point in the meeting Kornegay further stated:
"... Well, I am going to trust you, I just hope you don't mess over me, cause I get awfully damn mad, and I will have to come looking for you."
These remarks form the basis for Trammell's duress defense.
We first address the issue of duress and whether the alleged duress was sufficient in this case to excuse Trammell's acts. In order for duress to excuse a criminal act, it "must be present, imminent and impending, and of such a nature as to induce a well-grounded apprehension of death or serious bodily harm if the act is not done." Ballou v. State, 365 So.2d 352, 356 (Ala.Cr.App.1978); Browning v. State, 31 Ala.App. 137, 13 So.2d 54 (Ala.Ct.App.1943) (emphasis omitted).
The parties dispute whether Kornegay's remarks or demeanor placed Trammell in "imminent and impending ... apprehension." When Kornegay told Trammell he would "come looking" for him, the appellant responded that he was easy to find and even gave Kornegay one of his business cards. There is no evidence that Kornegay ever threatened Trammell with any kind of weapon.
When evidence regarding alleged duress is in dispute, a question of fact is presented for the jury. Perry v. State, 368 So.2d 305 (Ala.Cr.App.1978), rev'd 368 So.2d 312 (Ala.1979), on remand 368 So.2d 312 (Ala.Cr.App.1979); Fairbanks v. State, 46 Ala.App. 236, 239 So.2d 908 (Ala.Crim.App.1970). In this case, the trier of fact, the Disciplinary Board, decided that Trammell was not acting under duress when he took money from Kornegay. After reviewing all the evidence, we find there exists no compelling reason to reverse the Board's decision and to recognize duress as an excuse, for Trammell's acts.
Trammell argues that the conduct of the authorities, with the aid of the Birmingham News, constituted entrapment. The elements of the entrapment defense have been set out as follows:
22 C.J.S. Criminal Law § 45(2).
Jackson v. State, 384 So.2d 134, 139 (Ala.Cr.App.1979); See also Owens v. State, 291 Ala. 107, 111, 278 So.2d 693 (Ala.1973). The crucial factor for this Court to focus its review upon is not the action of the authorities or the Birmingham News but, whether there was a predisposition of Trammell to commit an act in violation of the Code of Professional Responsibility. See United States v. Esquer-Gamez, 550 F.2d 1231, 1233 (5th Cir.1977); Hampton v. United States, 425 U.S. 484, 488, 96 S.Ct. 1646, 1649, 48 L.Ed.2d 113 (1976).
We hold the meeting the authorities arranged at the A.G. Gaston Motel merely provided Trammell with an opportunity to...
To continue reading
Request your trial
-
Qualls v. State
...evidence regarding alleged duress is in dispute, a question of fact is presented for the jury.' Trammell v. Disciplinary Board of the Alabama State Bar, 431 So.2d 1168, 1171 (Ala. 1983); Ellison v. State, 373 So.2d 1247, 1249 (Ala.Cr.App.1979). The issue of duress usually presents a jury qu......
-
People v. Pautler, No. 00PDJ016.
...in the interest of protecting the witness where the case was of first impression in the state); Trammell v. Disciplinary Board of the Alabama State Bar, 431 So.2d 1168, 1173 (Ala.1983)(disbarring former district attorney for accepting money to bribe a member of the Alabama Board of Pardons ......
-
Allison v. City of Birmingham
...as to induce a well-grounded apprehension of death or serious bodily harm if the act is not done.' " Trammell v. Disciplinary Board of the Alabama State Bar, 431 So.2d 1168, 1171 (Ala.1983). There is absolutely no evidence that these appellants were compelled to commit this trespass by the ......
-
Container Corp. of America v. Crosby
...the witness's character. See e.g., C. Gamble, McElroy's Alabama Evidence, § 176.01(7) (3d ed. 1977); Trammell v. Disciplinary Board of the Alabama State Bar, 431 So.2d 1168 (Ala.1983); Bill Steber Chevrolet-Oldsmobile, Inc. v. Morgan, 429 So.2d 1013 (Ala.1983); Babcock v. Smith, 285 Ala. 55......
-
Opinions
...of protecting the witness where the case was of first impression in the state); Trammell v. Disciplinary Board of the Alabama State Bar, 431 So. 2d 1168, 1173 (Ala. 1983)(disbarring former district attorney accepting money to bribe a member of the Alabama Board of Pardons and Paroles and in......