This is a copy's of complaint letters sent to the Alabama Judicial Inquiry Commission. I was told that this guy had Judicial Immunity. Doug Rutherford only paid me a fraction of what I invested in that business. This was done through the Federal Bankruptcy Court. He is still in Business,and had a free ride courtesy of the Alabama Civil Justice System.

Part one

Alabama Judicial Inquiry Commission
800 South McDonough Street
Montgomery, AL 36104

To Whom It May Concern:

This letter is to lodge an official complaint regarding the conduct of Judge Randall Thomas as the presiding judge in a case involving Affordable Eyewear, of which I am the owner, and Douglas Rutherford.

Back in December 1991 I had a business crisis involving a man by the name of Douglas Rutherford. We had a business relationship for approximately 18 months where in my wife and I opened an optical   shop, allowing him to operate it, with intentions to sell it to Rutherford.

His credit at the time was not such that he could secure financing. I agreed to help him repair his credit by using my good name in the industry to help him secure supplier accounts and run the business to build up a track record. At the end of our relationship his credit rating had improved and my banker was willing to talk with him to arrange financing so he could repay me.

I had purchased all inventory, equipment, and fixtures with Rutherford contributing no money whatsoever. He was responsible for paying lab costs (for eyeglasses we made for him) on a monthly basis and also a commission fee for using my business name and toward all the advertising I did to promote the store

In November of 1991 Rutherford stopped paying his lab costs and got behind on his monthly responsibilities. We had agreed to allow him to defer payment on his initial start up costs until I felt he was strong enough financially to handle the expense, but all monthly fees for service were to be kept current. All the start up expense was paid for by me out of the cash flow of my business and by the end of 1991, I needed to secure financing to absorb some of the costs I had incurred.

While I was completing my SBA loan package I asked Rutherford not to waste or spend money unnecessarily. He responded by taking two vacations in less than sixty days and got behind on his lab payments. He told me to "kiss his ass", from the Dallas airport, and when he came back from Kansas I gave him an opportunity to buy the business and even spoke on his behalf to my bank.

He broke off communication, did not contact the bank, did not pay any of the amounts owed for monthly services nor repay any of the amount I invested to start the business. Instead he had an attorney - Steve Nesmith - contact me and accused me of slander because I removed the Affordable Eyewear sign I had co-signed for. I could not allow him to represent himself to the public as Affordable Eyewear when we were no longer in association.

I then called the Montgomery Police Department and explained my situation to one of the detectives who advised me to go get my property. I did not do so since I knew Rutherford wanted the store, and I wanted to settle the matter in a business like way. Rutherford offered me an amount ridiculously less than what I had invested with no consideration for the goodwill my business name had provided him.

Attorney Ralph Franco, who was doing some other work for me at the time advised me to get a trial lawyer and I ended up with Bob Bradford of the same firm. I also had gone to the District Attorney's office one Friday to see if I should just go and get my property. The woman I spoke to in that office briefed the two attorneys of my visit and I think that I was compromised. (Teresa Harris).

I was advised by some people who's opinion I value to get an attorney of my own race. I had never thought much about this factor at first. You see Rutherford is white and I am black. I decided to follow that advice. I shopped around and was told of Thomas, Means, and Gillis. I talked with Tyrone Means and was assigned to Don Jackson, who I had met before. He was very open and honest with me and never suggested that we do anything but what was ethical and truthful right up until the closing arguments of the trial that eventually resulted.

We were assigned Judge Randall Thomas to hear the case. At the first hearing Judge Thomas seemed to be fair and after hearing the facts he gave orders to Rutherford and was very friendly toward Don Jackson. Later Don told me he had worked for a law firm with the judge's brother George. This fact later caused some problems as the same firm represents the bank that financed my SBA loan.

George Thomas later advised me to get another attorney. I suggested to George Thomas that if his brother would try the case in a timely manner I probably wouldn't need an attorney. I wonder if Bob Bradford as my attorney would have brought that same comment from George Thomas.

At subsequent hearings Judge Thomas gave orders for Rutherford to stop using my business name of Affordable Eyewear including the use of the word "affordable" in any form or fashion. Rutherford, up until the actual trial some 18 months later, continued to do so.

Judge Thomas ordered an inventory taken of the contents of the store in dispute and all parties agreed that my wife should be the one to do so. Less than half way through the inventory Rutherford refused to allow her to continue when it became clear the majority of the inventory was mine and we had the written documents to prove it.  Steve Nesmith then put some of the partially inventoried items is a box to hold them and that is the last I know of them. Judge Thomas had to issued a written order I could send to the phone company to have the phone turned off after Rutherford refused to obey a verbal order. This is the only order of the court that was enforced. We asked that funds be put in escrow to ensure payment should we win a judgement. This was not done.

After all the depositions and discovery during which Rutherford admitted he owed the money, and also told the judge so in chambers, we asked for a summary judgment and were denied. The judge asked Rutherford how much the business was worth at the time of the breakup and he answered "about$75,000.00" none of which he had contributed.

Rutherford offered me $10,000.00. We were denied summary judgment with one of the reasons being an additional charge of fraud I had also filed. The fraud charge was dropped by Judge Thomas the same day as the day of the actual trial of the case some months later.

This was the first time any record was made of the hearings in the judge's chambers. I cannot understand how the judge could have previously heard the truth but not act on it. A date was set for a trial and on this date the judge refused to seat a jury insisting we continue to try and resolve this matter even after over a year of no results.

When we arrived for the first date set for the hearing in front of a jury we found that Judge Thomas was not even in his office - he was attending a retirement party - and so was unavailable to continue the process. At that time and also on the stand Rutherford said he would never pay me unless ordered to do so. Another three or four months passed before another trial date was set and all along I am paying for this. The process took place over an 18 month period and I cannot understand the purpose of a judge if he will not act based on the information available to him.

What makes Steve Nesmith such a great lawyer when the judge refused to do his job. I would like to see what petitions were submitted to cause all the delay involved in this case. We begged Judge Thomas to try the case because it was doing permanent damage to my business by confusing the public and forcing me to pay for items Rutherford had     the use of and was making the profit off of - 100% profit since he has to this day to not pay for any of it.

Meanwhile everything I have worked for the past 25 years has just about gone down the drain because Judge Thomas would not do what he is paid to do - try cases - in a fair and objective manner.

When we actually tried the case I had to stand trial for slander and more time was spent of this than trying to figure out how much was owed. I was never allowed to challenge Nesmith's figures and when the jury was sent out Nesmith took a stack of checks three inches thick and scrambled them together. One of the things Judge Thomas refused to let me point out was the difference between lab bills and payment for start up costs. When the time came     for the jury to figure out the difference Nesmith scrambled all the evidence of checks and ledgers.

Judge Thomas watched this and the jury was totally confused. The day of this letter I spoke with one of the jurists who said they were going to let Rutherford get away with this, because there's not written contract, even after hearing the truth. It shows how the American people view character and seemingly race relations. One woman said no to this verdict and thank God that it only took one juror to keep things somewhat fair.

The jury went home and came back the next morning and at least one juror asked for a calculator. That day one lady accused them of prejudice.

As the sitting judge Judge Thomas did not even show up for the verdict and therefore was not available to answer two questions from the jury during their deliberations. I got a judgment of $22,000.00, less than a third of what Rutherford said it was worth, then he declares bankruptcy.

October 1st Rutherford proposes that he pay only 10% of this. Is this justice? Judge Thomas played a major role in giving Rutherford my property and I cannot think why other than some sort of bias on his part.

Judge Thomas' delay in trying the case has resulted in my being just about bankrupt because the money I invested in that business had no return. All the payments Rutherford actually made were for products received and not to pay toward any start-up costs and basically only covered the cost of the items with no profit for me. Is this the purpose of the Circuit Court? I should have taken the detective's advice and probably been in much better financial shape
right now.

Now I hear Judge Thomas is retiring, maybe he should have given it to another judge for obvious reasons. I believe he had another motive along with his brother at the bank. I think our system of justice is out of control. The judges have too much discretionary power and are not bound by the laws they enforce. Alabama has a very bad relationship with business and I have seen it first hand.

What can be done about this? Can I sue Judge Thomas or the State of Alabama for destroying my life? One solution would be to put cameras in all courtrooms. This would eliminate the need for court reporting and what happened to me would be evidence.

I asked my attorney Monday November the 8th to file an appeal. He says we don't have a chance. I have called the Attorney General's office, the FBI, and the Justice Department in Washington, D.C. I will also be sending them copies of this letter.

I have asked to have protection from Judge Thomas and others. To do this with the business community, attorneys and the people of this area watching him tells me it is not safe for me. Someone might try to hurt me for this letter.

This is a formal complaint and I look forward to hearing from you as to the next step in the process.

Sincerely,


Hobson Cox

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