The News Courier in Athens, Alabama

July 1, 2013

Court rejects McLain’s appeal of sex-abuse conviction

By Jean Cole
jean@athensnews-courier.com

— A former Athens attorney and accountant convicted on sexual abuse charges four years ago has lost an appeal of his conviction.

The Alabama Court of Criminal Appeals has ruled against 54-year-old John Hamilton McLain V, who sought to have his conviction and sentence overturned following his 2009 conviction in Madison County. McLain had argued that his trial attorneys failed to provide an adequate defense and deprived him of his right to a fair trial.

McLain was convicted Feb. 12, 2009, on two counts of enticing a child, two counts of second-degree sexual abuse and two counts of second-degree unlawful imprisonment following a four-day trial in Madison County Circuit Court. McLain was represented by Marc Sandlin of Madison and Dan Totten of Athens.

He is scheduled to be release from Kilby Correctional Facility at Mount Meigs on Feb. 11, 2015.

McLain was accused in 2008 of picking up two Madison girls, ages 12 and 13, in Huntsville and taking them first to Monte Sano Mountain and then to his home in Athens. Investigators said he touched both girls inappropriately and exposed himself to them. Circuit Judge James Smith sentenced McLain to serve six years in prison and 14 on probation on the charges.

The State Supreme Court had already upheld his conviction in March 2010.

McLain, a certified public accountant who later practiced law in downtown Athens, was disbarred in May 2010 due to the conviction.