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Sheriff Aided Escape of Pregnant Inmate
By Associated Press
Published: 10/31/2005

A Tennessee jury convicted McNairy County Sheriff Tommy Riley on felony charges that he facilitated the escape of an inmate who was pregnant with a jailer's child. Riley could serve three to six years for the charge. The sheriff showed no emotion as the verdict was read.
The Circuit Court jury failed to reach a verdict yesterday on the second charge of official misconduct, also a felony, which on conviction would have required Riley's ouster from office. Two other charges, falsifying records and tampering with documents, were dropped at the beginning of the trial. The inmate, Sheila Kirk, was serving two consecutive two-year terms for forgery when she was released with 35 days left in her first term.
Jailer Johnny Carter pleaded guilty in March to having sex with Kirk while in prison and bringing her drugs. Kirk testified that Riley released her for a three-day furlough to have an abortion, but documents show that Riley released her from her second term, as well. Assistant Attorney General Walt Freeland was allowed to introduce testimony from Riley's previous trial, which ended in a hung jury.
In his closing arguments, Freeland said the evidence was clear that Riley facilitated the escape, which he defined as meaning "she got out before she was supposed to, without a judge or the Board of Pardon and Parole authorizing her release."
"This is the best job he's had in his life," Freeland said of Riley, who was elected in 2002. "He let her out to keep the scandal of what happened from getting out and costing him that job."
Defense attorney Terry Abernathy told jurors what "Tommy Riley did was a mistake, but it was not a crime. ... He had no criminal intent, and he's not tried to hide from it."
The defense asked jurors, "If Sheila Kirk is an escapee, why did no one come to arrest her?"
Jail Administrator Jimmy Lyles was also initially charged with facilitating the escape, but his charges were dropped.


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