Palmer Documents

DOCUMENT 38
ELECTRONICALLY FILED
8/4/2022 9:31 AM
03-CC-2022-000316.00
CIRCUIT COURT OF
MONTGOMERY COUNTY, ALABAMA
GINA J. ISHMAN, CLERK
IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA
STATE OF ALABAMA )
)
v. ) CASE NO. CC-2022-000316
)
PALMER, BRENDA COLES BURKE )
)
Defendant. )
STATE’S UNOPPOSED MOTION

FOR THE COURT TO SET BRENDA PALMER’S TRIAL SPECIALLY
The State of Alabama asks this Court to issue an order specially setting Brenda
Palmer’s case for trial. In support of this motion, the State says the following:
1) The Montgomery County Grand Jury charged Palmer with violating two of the
State’s Ethics laws for using her position as Interim Chief School Financial Officer and for
using public resources for personal gain. See Ala. Code § 36-25-5(a), (c) (1975). Specifically,
Palmer and her accomplices engaged in a false invoicing scheme in which they stole between
$290,000.00 and $315,000.00. Palmer is also charged with two counts of lying to investigators
of the Attorney General’s Office for false statements she made to agents during two interviews,
one on October 2, 2019, and another on February 2, 2020. See Ala. Code § 36-15-62.1 (1975).
2) Palmer’s trial is currently set for November 7, 2022, before Judge James
Anderson. Judge Anderson’s docket sheet for November 7, 2022, indicates that there are 24
cases set for that week, Palmer’s case being the 23rd.
3) Walter James, one of Palmer’s accomplices, is a necessary, material, and
essential witness in the State’s case against Palmer. He will testify about Palmer’s
DOCUMENT 38
participation in the scheme to steal from the MPS, he will identify emails and text messages
between him and Palmer, and he will detail Palmer’s attempts to conceal her crime and frame
an innocent person for her criminal acts.
4) James, however, is not a free-world witness. Rather, he pleaded guilty in the
United States District Court for the Middle District of Alabama to Wire Fraud, 18 U.S.C. § 1343
for his participation in Palmer’s crime and is serving his 60-month sentence at Jesup FCI located
in Jesup, Georgia. United States of America v. Walter James, III, CR.NO. 2:20-cr-76-RAH
(2020). Undersigned spoke with officials at Jesup FCI who indicated the federal government
would require a date for Palmer’s trial to release James into state custody.
5) Further, for Walter James to testify in Palmer’s trial, the State must retrieve James
from federal custody, bring him to Montgomery, house him throughout the trial, then return him
to federal custody. That process will involve considerable cost that will be lost in the event
Palmer’s trial does not occur as scheduled.
6) In addition to James, the State anticipates needing at least one, if not multiple, out-
of-state witnesses to introduce numerous documents such as bank records and emails. The cost
of these witnesses’ travel and time will likewise be lost if Palmer’s trial does not commence as
scheduled.
7) Finally, undersigned counsel spoke with Mr. Agricola, Palmer’s attorney, on
August 3, 2022, and Mr. Agricola indicated that he would not oppose specially setting Palmer’s
trial.
For the reasons stated above, the State respectfully moves the Court to enter an order
removing Palmer’s case from the November 7th docket and resetting it specially.
2
DOCUMENT 38
Respectfully submitted on this 4th day of August 2022.
STEVE MARSHALL
Attorney General
s/ Jasper B. Roberts, Jr.

Jasper B. Roberts, Jr. (ROB157)
Deputy Attorney General
STATE OF ALABAMA
OFFICE OF THE ATTORNEY GENERAL
501 Washington Avenue
Montgomery, AL 36104
(334) 353-2188
[email protected]
CERTIFICATE OF SERVICE
I certify that on the 4th day of August 2022, I electronically filed the foregoing by using
the AlaFile system, which will send notification of such filing to the following registered
person:
Algert S. Agricola
127 S. 8th Street
Opelika, AL 368014
[email protected]
s/ Jasper B. Roberts, Jr.

Jasper B. Roberts, Jr.
Deputy Attorney General

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DOCUMENT 38

IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA

STATE’S UNOPPOSED MOTION

3) Walter James, one of Palmer’s accomplices, is a necessary, material, and

an innocent person for her criminal acts.

4) James, however, is not a free-world witness. Rather, he pleaded guilty in the

Palmer’s trial does not occur as scheduled.

7) Finally, undersigned counsel spoke with Mr. Agricola, Palmer’s attorney, on

Respectfully submitted on this 4th day of August 2022.

s/ Jasper B. Roberts, Jr.

s/ Jasper B. Roberts, Jr.

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