Dad TERRY DESMOND LINAM and the new stepmom are charged with aggravated child abuse involving dad's children from a previous marriage. The case is complicated by a mysterious arson involving a prosecution witness. Dad and stepmom have been accused of shoving the kids and drugging them "to help them sleep." The former judge in this case (Bert Rice) has had to recuse himself for "partiality," as he formerly said there was "no basis" to the child abuse allegations in court, and dismissed earlier attempts by the children's mother to get justice for her kids. It appears that in this case the dad is custodial, though this is not spelled out.
http://www.brewtonstandard.com/articles/2009/09/21/news/doc4ab78f2a7ff9e570864927.txt
Arson delays abuse trial
By Kerry Whipple Bean
Published: Monday, September 21, 2009 9:36 AM CDT
A child abuse case involving a former Escambia County school teacher and her husband has been continued, the latest twist in the matter that has also seen a judge recuse himself from the case.
Judge Bradley Byrne on Monday granted a continuance in the trial of Terry Desmond and Tracy Linam pending an investigation into an arson at the home of a prosecution witness over the weekend.
Byrne — who is presiding over the case after Judge Bert Rice recused himself Sept. 11 — granted the continuance after a motion by the state attorney general’s office, which is prosecuting the case.
“His house was burned down in what amounted to an explosion,” the motion states about Ken Brewton, who is the uncle of the alleged child victims as well as their neighbor.
The case was to have been tried beginning this week.
Terry Desmond Linam, 44, and his wife, Tracy Linam, 37, of 6045 Chapman Road in Atmore were both charged with three counts of aggravated child abuse, a Class B felony, and three counts of domestic violence, third degree, a Class A misdemeanor.
The case involves Linam’s children from a previous marriage. They allege physical abuse that is not of a sexual nature.
According to court papers, the children alleged several acts of abuse, including that their father and stepmother shoved them and made them take medication to help them sleep.
Rice recused himself from the criminal case on Sept. 11, granting a prosecution motion that stated Rice’s actions in court could give the appearance of partiality.
In court papers, prosecutors had said that Rice stated in court there was “no basis” for the child abuse charges.
“The court has made a decision and does not appear open to listening to evidence,” the prosecution motion alleged.
The motion also noted that Rice, a former Atmore city judge, had worked closely with Atmore police in that role. An Atmore police officer is the ex-boyfriend of the victims’ mother and Terry Desmond Linam’s ex-wife, Marcie Linam.
In a recent custody case in civil court between Terry Desmond Linam and Marcie Linam, Rice ruled there was not enough evidence to support allegations of abuse raised by Marcie Linam.