Fact Check: Prosecutors ask for Dan Boisot's bond revoked - Alabamas13.com WVTM-TV Birmingham, AL

Fact Check: Prosecutors ask for Dan Boisot's bond revoked

Posted:
By Jon Paepcke

MCCALLA, Ala. (WVTM) --- Dan Boisot faces 23 total criminal charges.

They include attempted sodomy, sodomy, sexual abuse and extortion.

Prosecutors claim he committed the crimes against female employees he managed at Tuscaloosa County's Community Correction program.

Boisot's attorney tells us he plans to plead not guilty.

That is, whenever he gets the chance.

It has now been ten month months since Boisot's indictment and his arraignment still has not been scheduled.  

Tuscaloosa County Commissioner Don Wallace has raised questions not only about the county's choice to allow Boisot to retire and receive tax-funded retirement checks, but the lack of progress in Boisot's prosecution.

“It has been nearly a year and basically nothing has happened.  Recent reports indicated he had moved out of state which raised other red flags with me.  I don't know if that is illegal or not under the circumstances of the orders,” Wallace pointed out.

According to the original order laying out Boisot's bond conditions, it said, “Instructed the Defendant to notify the Court promptly of any change of address."

That was last September.

Five months later, two of Boisot's former employees filed a lawsuit against him in federal court.

When a copy was mailed to his McCalla residence, it was stamped that Boisot had moved and left no forwarding address.

That prompted us to ask the Tuscloosa County Clerk's Office if the court had been notified of a new address.

They told us no.

So we drove to Boisot's address in McCalla as it appears in court records.

The man who answered the door told me he had been paying the mortgage since March and that Boisot had moved out several months ago.

He said he was leasing the home, so the deed still appeared Boisot's wife's name, but that Boisot himself was no longer living there.

In fact, neighbors told us Boisot had moved to Tenneessee.

When we checked Tennessee property records, we found Boisot's wife, Donna Branch, took sole ownership of some land in Summertown,Tennessee on October 7, 2011.

That was a week after Boisot was indicted.

Under Alabama Rules of Criminal Procedure, it states under mandatory conditions of release that a defendant, “Not depart from the state without leave of court; and promptly notify the court of any change of address."

The day after we started asking questions at the Tuscaloosa County Courthouse about Boisot's whereabouts and his bond conditions, the state prosecutors handling Boisot's case filed a motion to revoke his bond.

In it, they argue, "Since the Defendant's release on September 30, 2011, the Defendant has violated his bond by moving to Tennessee without leave of the court."

Within two hours, Boisot's attorney filed his response.

He stated, "Specifically, the Defendant was never ordered not to depart the State of Alabama and the Defendant maintains the property address given to the court upon release and is currently residing in the State of Alabama."

Walker County Judge Hoyt Elliott has been assigned Boisot's case.

When we contacted his office about Boisot's bond status they told us the Judge does not discuss pending cases.

We have also called both the state prosecutors' office and Boisot's defense attorney.

The prosecutors had no comment.

Boisot's lawyer maintained his client's innocence and pledged they both would be in court for his arraignment, whenever it is eventually scheduled.

 

Powered by WorldNow

1732 Valley View Dr.
Birmingham, AL 35209

Telephone: 205.933.1313
Fax: 205.323.3314
Email: newstips@alabamas13.com

Can't find something?
Powered by WorldNow
All content © Copyright 2000 - 2014 Media General Communications Holdings, LLC. A Media General Company.