Monroe attorneys Eric Crawford and David Boyle Tuesday filed an emergency motion for a “temporary restraining order and/or interlocutory injunction” against Walton County Sheriff Joe Chapman. In the motion it is alleged that actions by the sheriff are preventing the attorneys from full access to their clients. The restrictions, according to the injunction, apply only to Boyle and Crawford.
The motion was filed on behalf of a client of Crawford’s, Michael Tomes, who, if convicted faces up to 31 years in prison. Crawford said Tomes is accused of aggravated assault, false imprisonment and battery.
“We have a jury trial in two weeks and the sheriff won’t let me visit with him to prepare for it,” Crawford said.
Chapman said he can’t comment on the order at the moment as he has been called to appear in court. Chapman is asked to provide reasons why the injunction should not be issued against him.
According to the motion, a fellow attorney notified Crawford on Monday that while visiting a client at the Walton County Detention Center he saw a notice relating to visiting hours allowed to the law partners of Crawford and Boyle. The note stated that Crawford and Boyle were only allowed visiting privileges with their clients on the two regularly scheduled family visitation days of Thursday and Saturday for 30 minutes each day. Crawford notes that prior to this new instruction, they were given the same visiting privileges as other attorneys being 9 a.m. to 11 a.m. every day of the week and from 12.30 p.m. until 4 p.m. on every day except for family visitation times on Thursdays and Saturdays.
Boyle contacted the jail Monday to make arrangements to see a client of his, recording the proceedings. He was advised that the Probate Court had just noted that the inmate had a court hearing the next day. Boyle was transferred to a supervisor who told him that, per the sheriff, he could not see his client except for regular family visiting hours. Boyle noted that he was told he could not see his client until Thursday between 10:30 and 11 a.m.
Tuesday, a similar situation occurred with Crawford in which he alleges in the motion that he received time sensitive information concerning an updated plea deal from the District Attorney’s office, but was denied access to his client until Thursday’s family visitation hours. Crawford said he went to the jail where he saw the note that read, “Per Chief and Sheriff – David Boyle and Eric Crawford must come to see clients on their regular assigned visitation times. Effective Sept. 18, 2015.”
The motion, which was filed on behalf of Tomes, claims that this is illegal and is the sheriff’s way of retaliating against negative press that has been generated by the Renee Jones case. The case against Jones was thrown out after allegations arose that investigators with WCSO conspired to have a confidential informant give Jones drugs or hide them in her vehicle before pulling her over and arresting her. District Attorney Layla Zon had expressed displeasure at the way the case had been handled when dismissing the charges, but did not call for an independent GBI investigation into the actions of the WCSO. Boyle represented Jones and has asked for that independent investigation. Chapman had the Gwinnett County Sheriff’s Office investigate the case, but no criminal charges were filed against any investigators.
In the motion filed Monday requesting a temporary restraining order and interlocutory, Crawford and Boyle again called for an independent investigation by the GBI.