Harry Barnes
From Judgepedia
| Harry Barnes | |
| Current Court Information: | |
| United States District Court for the Western District of Arkansas | |
| Title: | Senior Federal Judge |
| Position: | Seat #4T |
| Service: | |
| Appointed by: | Bill Clinton |
| Active: | 11/22/1993 - 11/1/2008 |
| Senior: | 11/1/2008 - Current |
| Preceded by: | Morris Arnold |
| Succeeded by: | Susan Hickey |
| Personal History | |
| Born: | 1932 |
| Home State: | Memphis, TN |
| Bachelors: | United States Naval Academy, B.S., 1956 |
| Law School: | U. of Arkansas School of Law, LL.B., 1964 |
| Military service: | U.S. Marine Corps 1956 - 1986 |
Contents |
Harry F. Barnes is an Article III federal judge for the United States District Court for the Western District of Arkansas. Judge Barnes is on senior status. He works out of the court's office in El Dorado, Arkansas.[1]
Early life and education
Barnes graduated from the United States Naval Academy with his Bachelor's Degree in 1956 and later graduated from the University of Arkansas School of Law with his juris doctorate degree in 1964. Barnes served in the US Marine Corps on active duty from 1956 to 1961 and on the Marine Corps Reserves from 1964 to 1986. [2]
Professional career
Barnes served as a private practice attorney in the State of Arkansas from 1964 to 1982 and started his judicial career as a part-time municipal judge in Camden and Ouachita County from 1975 to 1982 before being elected a Circuit Court Judge in the Thirteenth Judicial District of Arkansas from 1982 to 1993. [2]
Judicial career
Western District of Arkansas
On the recommendations of Senators David Pryor and Dale Bumpers, Barnes was nominated by President Bill Clinton on October 27, 1993, to a seat vacated by Morris Arnold. Barnes was confirmed by the U.S. Senate on November 20, 1993 on a Senate vote and received commission on November 22, 1993. Barnes assumed senior status on November 1, 2008.[2]
Notable cases
Tony Alamo case
Judge Barnes presided in the trial of jailed evangelist Tony Alamo. The 74-year-old evangelist was charged in a 10-count federal grand jury indictment of taking young girls across state lines for sex.
Pre-trial conference
Prosecutors and defense lawyers met with Judge Barnes in a pre-trial conference on July 10, 2009. The conference discussed specifics for the trial and briefed both sides of the judge's expectations before the trial began. [3].
The Alamo defense team filed a set of motions to Judge Barnes before the conference began. During the July 10th conference, Judge Barnes allowed the Alamo defense team's motion to bar certain words said during testimony. Those words include "polygamy," "cult," and "compound" [3].
However, the judge disallowed a separate motion to require federal prosecutors to use the names of FBI informants during a September 2008 raid of his ranch in Arkansas[4]. Because of the trial's high profile and emotion, extra security officers patrolled the courthouse.[3]
Jury Selection
On July 13, 2009, jury selection began in the trial. A pool of more than 200 potential jurors were questioned by prosecutors and defense lawyers. The court selected a group of fifty to seventy jurors. The practice is common in high profile trials to have a large pool[5]. If in the event if a juror is disqualified, there are replacements ready without compromising the trial. The next day, the jury of nine men and three women in the trial were sworn in by Judge Barnes.
Testimony
Federal prosecutors and Alamo's attorneys gave their opening statements on July 14, 2009[6]. On the same day, the judge rejected a request by the defense to get mental health records of three girls called to testify for the prosecution [5].
On July 15, 2009, the first round of testimony began in the Tony Alamo trial. U.S. Attorneys for the Western District of Arkansas began their round of testimony by calling women who were alleged to be victims of the evangelist[7].
Tony Alamo said to reporters outside of the courthouse on July 21, 2009 that he planned to testify in the trial[8]. Alamo said this statement before the prosecution wrapped up their testimony on the same day[8]. Defense attorneys planned to call ten witnesses to testify when they presented their case in the trial[8].
Verdict
A jury found Alamo guilty of 10 counts of bringing girls across state lines for sex on July 24, 2009[9]. Alamo faced the possibility of spending the rest of his life in prison. After his conviction, Alamo's defense team filed a motion to Judge Barnes for a new trial. The judge denied the request on September 8, 2009 as the judge cited there was not enough evidence beyond a reasonable doubt to grant a new trial[9].
Sentencing
On November 13, 2009, Judge Barnes sentenced the former minister to 175 years in prison. During the emotionally charged sentencing, the judge said that Alamo used his status as minister to commit the crimes he was convicted for. The judge said to Alamo: "Mr. Alamo, one day you will face a higher a greater judge than me, may he have mercy on your soul."[10].
Attorneys for Alamo on April 16, 2010, filed for a request for a new trial. Alamo's legal team feels that the judge injected his own religious views during the time of his setencing when the former evangelist was setenced to the maximum term on all 10 counts he was convicted. No date has been set for a hearing. At the time the request was filed, Alamo is serving his sentence at a federal prison in Arizona[11].
Tony Alamo civil case
Judge Barnes dismissed a civil lawsuit filed by the staff of Tony Alamo Christian ministries against the Arkansas Department of Human Services on February 1, 2010. Tony Alamo Ministries filed a lawsuit claiming the Arkansas government agency responsible for child welfare efforts violated their First Amendment rights by taking the children away from their compound. The judge found that the Arkansas Department of Human Services acted legally when raiding the compounds in September and November of 2008[12].
External links
- Barnes Bio from the Federal Judicial Center
References
- ↑ List of El Dorado personnel
- ↑ 2.0 2.1 2.2 Barnes Bio from the Federal Judicial Center.
- ↑ 3.0 3.1 3.2 WXVT "Lawyers meet to prepare for Alamo trial", July 10, 2009
- ↑ Associated Press "Prosecutors: Jailed evangelist 'married' girls", July 10, 2009
- ↑ 5.0 5.1 Today's THV "Jury Selection begins in Alamo trial", July 13, 2009
- ↑ "Associated Press" Prosecutors claim evangelist 'married' 8-year-old, July 14, 2009
- ↑ Texarkana Gazette "Testimony begins in Alamo trial", July 15, 2009
- ↑ 8.0 8.1 8.2 Associated Press "Alamo: 'I'm going to testify' in sex crimes trial", July 21, 2009
- ↑ 9.0 9.1 Texarkana Gazette "Alamo denied a new trial", September 9, 2009
- ↑ Fox News "Evangelist Tony Alamo Sentenced to 175 Years for Taking Girls Across State Lines for Sex", November 16, 2009
- ↑ KATV 7 "Alamo Cites Judge's Comments, Seeks New Trial", April 19, 2010
- ↑ Associated Press "Federal judge dismisses suit filed by Tony Alamo followers", February 7, 2010
| Federal judicial offices | ||
|---|---|---|
| Preceded by: Morris Arnold | Western District of Arkansas 1993–2008 Seat #4T | Succeeded by: Susan Hickey |
| |||
|---|---|---|---|
| Active judges | |||
| Senior judges |
Robert Dawson • Harry Barnes • | ||
| Magistrate judges | James Marschewski • Barry Bryant • Erin Setser • | ||
| Former Article III judges |
Susan Carter • Richard Arnold • Terry Shell • Morris Arnold • Daniel Ringo • Hugh Waters • Henry Clay Caldwell • Isaac Charles Parker • William Story • John Henry Rogers • Frank Youmans • Heartsill Ragon • Harry Lemley • John Elvis Miller • Oren Harris • Jesse Henley • George Howard • Elsijane Roy • Paul Williams • | ||
| Former Chief judges |
Jimm Hendren • Hugh Waters • Harry Lemley • John Elvis Miller • Oren Harris • Paul Williams • | ||
