BIRMINGHAM, Alabama -- A pregnant Birmingham woman, who began serving time late last year at Alabama's state prison for women for her conviction in the 2011 death of a Gardendale man she had struck with her car just after she had shot up with cocaine, was released today by a Jefferson County judge so she can have her baby.
The family of the Gardendale man was upset with Jefferson County Circuit Court Judge Teresa Pulliam's decision to allow Jessica Branham, 25, to remain out of prison for at least four months to have the baby. The judge ordered Branham to return to court Aug. 2 to determine whether she has to serve the remainder of her sentence.
"I feel that my family has not received justice for my dad. Ms. Branham has made a mockery of my father, family, and of the court system," Christine Morrow, daughter of Randy Colburn, stated in an email after court this morning.
The prosecutor in the case, Mara Russell, said she understands the family's disappointment of how Branham has been able to "dodge" her sentence so far.
"Upon her conviction, the Judge told this defendant she would be sentenced to prison, yet, she came to the sentencing hearing and announced she was pregnant," Russell said." She was allowed even more time to remain out before beginning the service of her sentence. While remaining out and after she announced she was pregnant, she continued to test positive for drugs."
"Now, after serving a few months, she is once again being released," Russell said. "We hope that she will eventually serve her entire original sentence of 10 years split three years to serve."
Pulliam had revoked her bond in November _ after her sentencing _ when Branham tested positive for drugs. Because of that, the judge immediately ordered her to prison earlier than the original Dec. 28 report date. Branham then lost an appeal to the Alabama Criminal Court of Appeals to be released on bond while she waited on an appeal.
Branham's attorney, Richard Sandefer, said she is being placed on community corrections under strict house arrest with electronic monitoring. "She can't even go out on the front porch," he said.
The only time Branham will be allowed out of the house is to go to the doctor, hospital, and church, Sandefer said.
Sandefer said he was proud of Pulliam for her decision in the face of immense pressure. "She did an exceptional job ... I think she did what was the compassionate thing," he said.
Sandefer questioned the reaction to Pulliam's ruling because the judge had already indicated at the sentencing hearing what she was planning to do.
Branham's due date is in the next two weeks, Sandefer said. Branham's mother will be adopting the baby in order to keep the baby in the family with the uncertainty over her daughter's sentence, he said.Branham was convicted by a jury in September of reckless manslaughter in the death of Colburn on Aug. 13, 2011 in the parking lot in front of CiCi's Pizza on Center Point Parkway. He was run over by Branham's sports utility vehicle. He had just left the restaurant and was crossing the parking lot with his fiance and 18-year-old son when he was struck.
Branham had been in her car shooting up cocaine, had a seizure, and lost control of her car before striking Colburn.
Pulliam in November gave Branham a split 10-year sentence , but to serve three years in prison, followed by five years on probation. If she violates her probation then she would have to serve the remainder of the 10-year sentence.
In her original sentencing order, Pulliam had stated that after proof from medical records and doctors that Branham had reached 8 months pregnancy she would consider allowing Branham to be released to deliver the baby "at private expense.The judge had said she didn't want Branham to have her baby in Tutwiler.
According to her order issued this afternoon Pulliam stated she had brought Branham back into court today after a review of her medical records.
Besides house arrest, Branham also will have to undergo weekly drug testing, Pulliam stated in her order.
At the time of the August hearing, Pulliam states in today's order, that she will determine then whether her original sentence imposed will be put into effect or whether Branham will be continued on community corrections followed by a term of probation.
Morrow and other family members are angry that Branham had been able to get out on bond before her sentencing despite testing positive for drugs.
Colburn's son, Lee George, said that every time the family has gone to court for a hearing on Branham she has walked free. "She gets to go home to her family and I don't get to home to my dad," he said.
Morrow said she was also upset that Branham was given four months to have the baby.
Morrow said she had told her father that she was pregnant with her daughter on the morning of the day he died. Her daughter is now 11 months old.
"Well my dad didn't get four months with my daughter!," Morrow wrote. "On the other hand, women don't even get four months maternity leave."
"She (Branham) didn't care about her child not to fail a drug test so what makes anyone think she is going to care for the child when she gets here," Morrow said.
Colburn's fianc?, Tamela Lowery, said she believes the judge has been too lenient on Branham. "I think that's unfair," she said.
Updated at 3 p.m. March 29, 2013 to include comments from Branham's attorneyUpdated at 4:53 p.m. March 29, 2013 with information from judge's orders
Updated 6 p.m. March 29, with additional information about Branham's bond revoked for drug use and information about victim's granddaughter
Source: http://blog.al.com/spotnews/2013/03/pregnant_birmingham_woman_conv.html
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