Thursday, September 12, 2019

Former Balch Bingham partner Clark Cooper has been reduced to selling mattresses, but Jefferson Co. Judge Carole Smitherman might wind up the biggest loser in the scheme to ruin solo attorney Burt Newsome


Judge Carole Smitherman

An Alabama judge could face a petition to remove her from office for her handling of a lawsuit where she appears to have favored a large, scandal-plagued law firm in downtown Birmingham that reportedly attempted to steal the lucrative collections business of a solo practitioner, according to reports at banbalch.com.

Burt Newsome -- the solo attorney who allegedly was targeted, falsely arrested, and defamed in a scheme designed to allow Balch and Bingham to swipe his business and ruin his law practice -- has filed a 100-page appellate brief with the Alabama Supreme Court. It is unmasking details that might turn a common man's stomach and become Exhibit A of just how seedy Alabama's "justice system" can get.

Bad actor No. 1 in what banbalch,com calls "The Newsome Conspiracy Case," is former Balch partner Clark A. Cooper, who apparently led the effort to undermine Newsome's law practice. Writes K.B. Forbes at banbalch.com:

Balch and Bingham partner Clark A. Cooper, who was abruptly fired on March 3, 2017,  by the embattled law firm, appears to have been the spearhead of the conspiracy that targeted and defamed Burt Newsome, a successful attorney who serviced banks, in an alleged attempt to steal his business.

The defamation occurred after a staged arrest in which Newsome’s mugshot was allegedly distributed via email to several bank executives on a Saturday afternoon by Cooper.

According to Newsome’s appellate brief filed with the Alabama Supreme Court, Cooper looks like a habitual liar who tells half-truths and contradicts his own testimonials.

Need more specifics? Forbes provides them:

Balch  and Bingham likes to boast that they have over 200 attorneys throughout the Southeast. Why in heaven’s name did Balch target a one-man office, sole-practitioner attorney in Shelby County who services banks?

In 2012, Burt Newsome was minding his own business, and had not a shred of animosity towards Balch and Bingham.

Was Balch and Bingham really that desperate?

Clark A. Cooper, the Balch and Bingham partner who allegedly spearheaded the conspiracy against Newsome in an attempt to steal his successful business servicing banks, appears to have falsely claimed that Newsome’s bar license was in jeopardy to banking executives in 2013.

Cooper, who was fired by Balch in March of 2017, allegedly sent emails to banking executives with Newsome’s mugshot on a Saturday afternoon, two-days after Newsome’s staged arrest, writing, “Not sure how this will affect his law license.”

Newsome had been set up in a staged arrest, yet 48-hours later Cooper appears to have already found Newsome guilty.

Cooper reportedly has been reduced to selling mattresses. But before this seemy mess is over, Judge Carole Smitherman might be the biggest loser. Reports Forbes:


Clark Cooper
Balch and Bingham’s trail of rotting carcasses may have one more soon: Judge Carole Smitherman.

A petition for the removal of Balch’s biggest stooge from the bench is a realistic option now that it is known she dispatched 44 retaliatory orders in the Newsome Conspiracy Case all based on a counterfeit order.

Judge Smitherman, who sealed the Newsome Conspiracy Case for over 500 days to allegedly hide criminal acts and perjury, engaged in what appears to be judicial fraud.

She held the counterfeit order as the central pillar in a case, and demonstrated lop-sided bias for Balch and Bingham.

Entities linked to Balch and Bingham and the alleged co-conspirators in the Newsome Case funneled over $30,000 in campaign contributions to her and her husband, State Senator Rodger Smitherman. Shockingly, the Senator sat in on numerous secret hearings of the Star Chamber, where the Newsome Conspiracy Case was heard.

Judge Smitherman stupidly trusted Balch and Bingham, who allegedly have made her now look like the most corrupt, dumbest, and most worthless jurist in the State of Alabama.

What about the counterfeit oder and its central role in the scheme to ruin Burt Newsome? Forbes provides details:

Burt Newsome, the attorney who allegedly was wrongly targeted, falsely arrested, and defamed by Balch and Bingham and other co-conspirators has filed a 100-page appellate brief with the Alabama Supreme Court, and it is a devastating indictment of the Keystone Cops at Balch and Bingham.

The cornerstone of all defendants’ legal arguments, the 44 retaliatory orders signed by the Queen of the Star Chamber, Judge Carole Smitherman, and the order for summary judgement against Burt Newsome is all based on a counterfeit order.

A fake, bogus, 100% fictitious order.

And where did the counterfeit order come from?

When Newsome was wrongly arrested in 2013 in a staged arrest by the son of a long-time Alabama Power executive, Newsome vigorously fought the phony criminal charges against him.

In April of 2014, the bogus criminal case collapsed and was dismissed with prejudice.

On February 19, 2015, Newsome filed a request to have the staged criminal case and records expunged, and was granted that petition in September of 2015, since “neither the district attorney nor the victim filed any objection to the Petition for Expungement within 45 days,” according to the judge’s order.

Almost a year later, in the summer of 2016, the legal representatives of the co-conspirators in the Newsome Conspiracy Case presented to Judge Smitherman the counterfeit order stating that the expunged criminal case had been resurrected from the dead while making all sorts of scurrilous and false accusations inside the fabricated order against Newsome.

The counterfeit order was allegedly “signed” by another judge in Shelby County, who had no knowledge of the case, without a hearing, without any supporting transcripts, and most importantly never, ever filed in the state judicial information system.

Forbes provides perspective on the chicanery that seems to blossom and thrive in the Birmingham metro legal community:

The counterfeit order is worse than the ghost-written letters of the North Birmingham Bribery Scandal because it is blatant judicial fraud.

The bogus criminal case against Newsome remains expunged and even the Alacourt electronic records system declares that “no case detail available.”

We always have said the secretive and unconstitutional Star Chamber where the Newsome Conspiracy Case was tried was possibly hiding criminal acts and perjury.

Judge Smitherman and her husband State Senator Rodger Smitherman received over $30,000 in “contributions” from entities linked to Balch and Bingham and the co-defendants at key intervals during the case.

The Queen of the Star Chamber is not only a Balch and Bingham stooge; she is a fool, an utter fool who engaged in judicial fraud.

11 comments:

Anonymous said...

Like K.B. Forbes, I have this question: If Balch and Bingham is so big and mighty, aligned with the great Drummond Co. and Alabama Power, why did they care what Burt Newsome was doing? Didn't they have better things to do.

Anonymous said...

Someone needs to fumigate Balch and Bingham.

Andy Rooney said...

You ever notice how many legal debacles tend to start in Shelby County?

Anonymous said...

Has the Alabama State Bar been 100 percent silent on all the sleaze at Balch Bingham? Is it going to stay silent?

legalschnauzer said...

@10:16 --

Great question, and I'm not aware of anything the State Bar has said or done about the disgusting situation at Balch. Of course, the bar is home to numerous Jeff Sessions bootlickers, and Sessions is heavily tied to Balch. Don't hold your breath waiting for the State Bar to do anything.

Anonymous said...

Where does Clark Cooper work? I need a mattress.

Anonymous said...

When will black public officials learn not to jump in bed with white snakes at the big downtown law firms. How did that work out for Oliver Robinson? How is that working out for Carole Smitherman? Dumb, dumb.

Anonymous said...

Not sure if "selling mattresses" was a step down for Clark Cooper considering he is the owner of a chain of 50+ stores. Saying that he is selling mattresses makes it sound like he is working in a store as an associate when he is the owner of a company.

Anonymous said...

Going from Balch and Bingham to selling mattresses is a step up, isn't it?

Anonymous said...

What's the point of having an Alabama State Bar if it isn't going to clean up a s--t storm like Balch and Bingham?

Anonymous said...

Smitherman sold her soul for a $30,000.


She's a cheap date.