“Sheriff Maxwell didn’t file a complaint against Mr. Whittington, those women did,” Richardson said. “And if (Whittington) hadn’t been stalking and harassing women, he wouldn’t have been arrested.”

In addition to the malicious prosecution charges, Whittington also claimed in the suit that his Fourth Amendment rights were violated. Whittington cited wrongful procedure and absence of probable cause as the violations.

During court proceedings Wednesday, Drell threw out the Fourth Amendment violation claims.

Drell said that since an unconnected impartial judge — who was not named in the suit — had increased Whittington’s original bond, no Fourth Amendment rights were violated.

Whittington had claimed his rights were violated because Maxwell, Judge Leo Boothe and then-District Attorney John Johnson had engaged in improper communication regarding Whittington’s criminal prosecution.
Court proceedings

Before any court activity began Wednesday morning, Maxwell allegedly opened the door to the witness room and greeted two witnesses.

All witnesses involved in this case — including Maxwell — were sequestered and told not to have contact with one another.

Drell announced that those witnesses would not be able to testify in front of the jury and said Maxwell is a seasoned courtroom veteran and should know to follow the rules.

“I don’t know why he thinks he’s above everyone else, but he does,” Drell said while also addressing Richardson’s claims that the conversation had nothing to do with the trial. “There’s a physical presence and intimidation that you can’t put on the record.”

The witnesses did not testify before the jury, but  Maxwell’s attorney did call them to the stand as witnesses for the record, while the jury was out of the room.

Both Theresa and Mary Frances Berry testified regarding the incident in which Whittington allegedly stole the two rings in question.

“One moment (Whittington) said he hated me and that he was going to kill me, and the next he was saying he loved me — all in the same phone call,” Theresa testified. “I was scared.”

Whittington was also cross-examined by Richardson during court on Wednesday and answered questions regarding why he sued Maxwell instead of Berry.

“Because the sheriff didn’t investigate the charges,” Whittington said. “I knew I was innocent, and wanted to prove I didn’t do it.”

During his closing statements Wednesday, Whittington’s attorney, Mitchel Evans, said the lawsuit offered a chance for his client to seek justice.

“If you have the evidence, let’s prove it, because everyone deserves their day in court, and today is (Whittington’s) day to tell you, the jury, his side of the story,” Evans said. “This man needs and desires closure, and you can give him that closure.”

After the jury ruling, Drell commended both legal counsels on their work in the trial.

“It was a tough case all the way around,” Drell said.

Whittington said he wouldn’t comment whether he or his legal counsel would file an appeal to the ruling.

Evans was unavailable for comment.