Hearing Friday to revoke former county chairman's bond, order mental exam

Sept. 01--A judge will determine whether former Cullman County Commission Chairman James Graves will be held in jail until his trial on sex abuse and witness tampering charges and if he is mentally competent to stand trial.

A hearing is scheduled at 10 a.m. today in Cullman County Circuit Court with retired Madison County Circuit Judge Sterling Watson, Jr. presiding. Graves, 74, has pleaded not guilty by mental disease or defect in connection to his May arrest on a first-degree sexual abuse charge and a tampering with a witness charge this month.

Prosecutors have filed a request to revoke Graves bond for his second arrest while Graves' counsel has asked the judge for a hearing with a jury to determine if he is competent to stand trial. They argue the case shouldn't be pursued until their client can undergo a mental evaluation, which he would pay for.

It's not clear if Graves, who has been out on bond on both charges, will appear in court Friday alongside his retained counsel Johnny Berry, Brandon Little and Alex Chaney.

In court filings, his attorneys said that based on their experiences with Graves and after speaking with his family, "it is possible that he does not appreciate the gravity of his actions" and "due to his mental condition he is unable to assist in preparing a defense."

Graves currently has an appointment to be assessed by the chief psychiatrist at the Veterans Affairs Hospital in Birmingham.

Graves was first arrested in May after allegedly admitting to sheriff's investigators he molested a 17-year-old on more than one occasion. According to the sheriff's office, the arrest was precipitated by the alleged victim coming forward after the most recent encounter with Graves allegedly took place.

Then from early May to Aug. 15, Graves is accused of attempting to induce a witness to give false testimony, withhold testimony or not appear to testify, according to the criminal complaint filed in Cullman County District Court.

As a condition of his $6,000 bond on the second charge, Graves can't have any contact with the witness and his or her family.

Graves was elected as chairman of the Cullman County Commission in 2008. He had served as county administrator before winning election to the seat. He was defeated in a re-election bid and again sought re-election but was defeated in his party primary.

If convicted, he could face between one year and one day to 10 years in prison.

Tiffeny Owens can be reached at towens@cullmantimes.com or at 256-734-2131, ext. 135.

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