Bailey guilt cleared
Published 12:00 am Thursday, March 30, 2006
VIDALIA &8212; Sherry Bailey was released from house arrest Thursday after the Louisiana Supreme Court agreed with a lower court&8217;s ruling that she had been wrongly convicted of vehicular homicide in 2004.
And though she is free in the world, Bailey said she will be haunted by the entire experience.
On May 30, 2003, Bailey&8217;s car collided with the stationary vehicle of Lillie Ingram on the westbound lane of U.S. 84.
Ingram had apparently been trying to make a left turn into the Dodge store across the highway, when Bailey, who was speeding and later found to have been intoxicated, went to pass a car and hit Ingram.
She was convicted by a jury in Seventh District Court and sentenced to six years in prison, the first of which Judge Kathy Johnson mandated was to be served without the chance of parole, probation or suspension.
The ruling was appealed, and, in a split decision dated April 6, 2005, the Louisiana Third Circuit Court of Appeal overturned the conviction, agreeing with Bailey and her attorney, Derrick Carson, that &8220;the evidence was insufficient to show that defendant&8217;s intoxication combined with her operation of her vehicle to cause victim&8217;s death, as required for conviction.&8221;
The District Attorney&8217;s office appealed the decision to the Supreme Court, which declined to hear the case.
Bailey, who had been allowed out of her mother&8217;s house only to go to church, the doctor and Narcotics Anonymous meetings, said she was looking forward to reuniting with her family.
While in prison and her husband, Robert, working offshore, Johnson had given custody of Bailey&8217;s two children &8212; currently ages 8 and 12 &8212; to separate relatives.
&8220;We&8217;re starting from the bottom up,&8221; she said. &8220;We&8217;ve got to get a stable place to live so we can get our kids back.&8221;
The children currently go to separate schools and are in counseling for the trauma &8212; which was compounded when their mother was mistakenly released from prison for 30 days before being re-incarcerated &8212; they have undergone. Robert Bailey said he goes to counseling as well and hasn&8217;t been able to hold a steady job for the stress of the ordeal.
&8220;We&8217;re trying to plan a life but you never know when Derrick Carson&8217;s going to come and say they want her back in jail,&8221; he said.
Sherry Bailey said she had her attorneys &8212; Paul Marks of the Louisiana Appellate Project authored the appeal &8212; to thank for getting her conviction overturned.
&8220;Derrick&8217;s been like a friend, he&8217;s done a lot for us,&8221; she said. &8220;I thank God for him.&8221;
Assistant District Attorney Ronnie McMillin, who prosecuted the case, also credited Carson&8217;s effort, although he &8220;respectfully disagreed&8221; with the high court&8217;s decision.
&8220;I know she&8217;s not an evil person,&8221; he said. &8220;And I know she went through some hardship, but there&8217;s a family that lost their mother.&8221;
&8220;It (the accident) is just a great tragedy.&8221;
The accident and subsequent trial touched the community, and Sherry Bailey said she thinks her family, once it gets back on its feet, will probably move out of the parish.
&8220;I feel like people look down on me here,&8221; she said.
Robert Bailey, who is working installing carpet, said he was optimistic.
&8220;We can get through it, I just hope it hasn&8217;t scarred the kids too badly,&8221; he said.
One person who agrees with that sentiment is Patsy Crocker, Ingram&8217;s daughter.
&8220;As a mother and a grandmother, I hope something good can come from all this,&8221; she said.
Crocker said she still grieves her mother but let go of her anger long ago.
&8220;As far as hating her and wishing bad for her, I don&8217;t,&8221; she said. &8220;I have no bitterness.&8221;
While she may be out of prison, Bailey said she would never be free of the memory of the night of the accident.
&8220;I did my time, and I&8217;ll be doing time for the rest of my life because I won&8217;t ever be able to forget it,&8221; she said.