Barbara Ann Roberts and Rodney Stallings were back in Cherokee County and back in court on Wednesday; that, due to a Rule 32 hearing that involves a petition for relief of conviction or sentence.

Roberts is currently serving a life sentence with no chance of parole, in connection with the 2006 slaying of her ex-husband’s new wife, Martha Darlene Roberts. 

Barbara Ann Roberts was convicted in August of 2008 for the murder; her co-defendant Dr. Robert John Scheiss III, pled guilty to a charge of kidnapping in connection with the case; he was sentenced to three years behind bars before being released in early 2010; he later took his own life at his mother’s home in Missouri.

Barbara Ann Roberts first retained the services of a former Rome, Georgia District Attorney to represent her; she later filed a civil suit against her counsel, Steve Lanier, alleging that he had stolen money from her.  A Cherokee County jury sided with Roberts in the civil suit and awarded her two million dollars in punitive damages – along with $60,000 in compensatory damages. 

An appeal was filed and a “confidential settlement” was reached in the case just over a year later.

Former Centre attorney Rodney Stallings had been brought into the case, because Lanier, at that time, did not possess a license to practice law in Alabama therefore a co-counsel would be necessary to move forward.  Stallings later took over when Lanier dropped out.

In January of 2015 Stallings was given a 15 year “split sentence” equating to a sentence that would require him to serve two years behind bars followed by five years of probation and a total of $328,246.50 would have to be paid in restitution.

That was due to his being found guilty for First Degree Theft from the State’s “Fair Trial Tax Fund”; The Attorney General’s Office presented evidence during trial that Stallings stole the money through the filing of 246 false fee declarations for indigent defense cases.   

Attorney General Luther Strange stated that Stallings never actually appeared as counsel in some cases and in others, simply “made up” case numbers.

Wednesday’s testimony by Roberts and Stallings was a perfect case of parallel lines: “Never the twain shall meet.”

Roberts took the stand shortly after 9:00am answering questions from her latest counsel Ft Payne-based attorney Matthew Green, and Cherokee County Chief Deputy District Attorney Bob Johnston, before Judge Randall Cole.

Essentially, the hearing centered around whether or not Roberts was served by “ineffective council” and if so would open up the door for a possible re-trial or dismissal of charges.

Following a ten minute recess at 10:15, Rodney Stallings took the stand and remained there until dismissal at 12:30.

The issues addressed throughout the morning included everything from the amount of the fees set by Lanier and Stallings, to just how much they allegedly actually took from Roberts’ bank accounts and took from her in personal property, such as a car, fur coat and jewelry.

At one point a letter was produced which had been written by Roberts praising Stallings for the work done on her behalf, going so far as referring to him as a “Godsend” – and saying he was “twice the man” Steve Lanier was; she explained by saying that was a joke between she and Stallings referring to Lanier’s height. 

She also said she wrote the letter before she realized Stallings was “stealing from her.”

Roberts alleged that Stallings had taken money from her Wachovia account and placed it in her Regions account prior to taking funds without her permission – depositing portions into his own personal account.  There was also disagreement, as to whether or not Roberts and Stallings had ever had a signed contract or whether everything done by verbal agreement

Stallings underwent extensive questioning regarding his experience, or lack thereof, in ever having been involved in a capital murder case; Stallings stated he had acted as assistant in a prior murder case and as lead counsel in another, but the Roberts’ case was the first capital case he had been involved with. 

Judge Cole held over the matter for 30 days and during that time Roberts’ attorney may still present additional evidence as he sees fit.

We’ll continue to follow this case as it develops.