Barr to rule on motions to set aside Watkins’ guilty plea

By Carole Brand

Published: July 22, 2008

Former Enterprise daycare owner, Julie Watkins, 32, petitioned a Coffee County court for a motion for a new trial, motion to reconsider and a motion to set aside her guilty plea.

Circuit Judge Robert Barr listened to both the district attorney’s office and a line of witnesses for the defense Tuesday, but said he would consider only the motion to set aside the guilty plea and review the court transcripts.

Watkins plead guilty to first-degree assault in June 2007 on a 5-month-old baby, who received brain and other injuries while in her care at the Tweet Tarts daycare in Enterprise in August 2005. Watkins was arrested on the charge later that month after doctors at Children’s Hospital in Birmingham stated the baby suffered from “shaken baby syndrome.”

A grand jury indicted Watkins on the charge in September 2005 with Watkins’ pleading guilty in court in June 2007.  At the time, Watkins’ attorneys were Paul Young and Joe Sawyer.

Watkins and her current attorney, Tommy Scarborough of Dothan, contended in court Tuesday that both Young and Sawyer told Watkins to make a plead of guilty to the charge.

“They kept telling me that it was a ‘best interest’ plea,” Watkins testified on the stand. “Paul Young kept telling me that since I had no priors, he thought I would get probation at the sentencing if I pleaded guilty. I didn’t know what a ‘best interest’ plea was. All I want is a trial. I want a second chance to prove I’m not guilty.”

Watkins, after entering the guilty plea last June in court, was sentenced by Circuit Judge Thomas Head to 15 years in prison. A family outburst in the courtroom at the time led to her father’s collapse and one family member being restrained by deputies.

Scarborough called both Young and Sawyer to the stand Tuesday to testify about the meetings and conversations that took place prior to Watkins’ sentencing in 2007.

Sawyer said both Young and himself “explored all the avenues of this case. We worked it and I only remember one plea agreement, but it got revoked by the state. We looked at the state’s guidelines of a voluntary plea and it indicated she would have gotten probation.”

Young said he discussed two plea agreements with the district attorney’s office, “but Mrs. Watkins rejected both of them.  I think one was to serve a year and a half and the other one was to serve two years.”

Scarborough contends that both Young and Sawyer pressured Watkins into entering a plea of guilty.
Steven Watkins, husband, testified, along with Watkins’ sister Ruby Rene Johnson.

Johnson told the court she was present when both of the lawyers “said for all of us to keep our mouths shut and don’t say a word to her (Watkins). We were all asked to leave the room when they talked to her.”

Last year, Watkins’ retained attorney David J. Harrison, who filed a petition to the court too late, Barr told the counsel and defendant Tuesday.
Scarborough, Watkins’ fourth attorney, and Assistant District Attorney Tom Anderson, both rested their case late Tuesday.

Barr ordered a court transcript from the sentencing hearing last June 2007 and said he was “going to review the court records and the volunteerism of the guilty plea, however, under the law, you can’t appeal a guilty plea. The court can decide to set aside a guilty plea, that’s all. I’m going to review the appellate council.”
Barr said this was a case of “following the law. Judges have certain safeguards and I will follow them.”

Barr is expected to rule on the motion to set aside the guilty plea later this week.

Julie Watkins-Former Enterprise daycare owner court timeline
August 17, 2005 - Baby, 5-months-old, receives brain and other serious injuries at Tweet Tarts daycare.
August 22, 2005 - Watkins arrested and charged with assault, first degree after Children’s Hospital doctors verify the baby suffered from “shaken baby syndrome.” Lawyers Paul Young and Joe Sawyer representing.
August 25, 2005 - Watkins’ first appearance in court on bond hearing - Released on $20,000 bond.
September 7, 2005 - Watkins’ hearing postponed
December 2005 - Grand jury indicts Watkins on assault charge
December 19, 2005 - Watkins pleads not guilty in arraignment hearing
June 18, 2007 - Watkins pleaded guilty in court
July 25, 2007 - Watkins sentenced to 15 years in prison
September 28, 2007 - Attorney David Harrison files motion to continue hearing
May 2008 - Watkins requests new council
July 22, 2008 - Attorney Tommy Scarborough presents motion to reconsider, motion for new trial and motion to set aside guilty plea. Circuit Judge Robert Barr will review.