Thomas and Brenda had two daughters, aged 10 and 12 at that time and a son. In March, Brenda went to her cousin John Wayne McClarty, of Oxford, Mississippi, who happened to be a judge and had papers prepared to have Thomas arrested and charged with Capital Rape of his two daughters. He was subsequently arrested and was denied bond for 3 months by her cousin. While incarcerated (without bond) the ex-wife, Brenda and family cleaned out and sold the cabinet building business, bank accounts, home furnishings, boats and etc. He finally got an attorney who got him a bond of $25 ,000 and he was released on bond.
With no money, job, auto or home, he went to stay with his mother until court. He had been arrested March 19, 1993 (Friday) on Monday March 22nd 1993 his children were taken to the family Doctor for an examination. The doctor, a Dr. Harris of Oxford, MS. stated that there was nothing wrong with them and were normal for their ages. This is in a written report from Dr. Harris, dated March 22nd 1993, 4 days after the arrest. The alleged Rape and Sexual battery were supposed to have happened March 13th 1993 only a week prior to the examination but the Dr. said both girls were normal?
Thomas never had a preliminary hearing on these Capital charges but was indicted on 3 counts of capital rape and 8 counts of sexual battery. Brenda’s cousin, Judge McClarty, tried to have the preliminary hearing before him, but the defense attorney demanded that he recuse himself.
After the Doctor testified that there was no evidence of rape (NOTE: He was subpoenaed by the defense – the prosecution did not want him there!) the jury did not believe the testimony of the girls on the capital rape charges but did on the sexual battery charges, on the same testimony. This was likely because of the Prosecution’s insistence that “Children don’t lie about these things” – in spite of the fact that they were obviously lying about part of it. It was hard to get past the Doctor’s testimony that both girls appeared to be “normal” for their ages after supposedly being raped 6 day’s prior to his examination.
Thomas had never been charged with a felony before this; he was a well respected business man and father, was widely respected in the community. He had so many character witnesses the Judge said he didn’t need any more witnesses. Family, friends, neighbors, employee’s and work associates testified on his behalf. He had a strong alibi – witnesses testified that, on the day of the alleged crime, he was at work with three of his employees. Jury misconduct is a distinct possibility as Brenda is said to have discussed the case with members of the jury during recess. (This is on record).
Thomas was convicted and sentenced to 40 years – 20 for each child. He was 33 years old at the time of his sentencing (July 1994).
The next thing that happened is unbelievable even in Mississippi! Thomas had used up the last of his savings on Attorney fees so the trial Judge, Henry Lackey, appointed him an attorney for the appeal. The lawyer Lackey called upon for this service was Thomas Levidiotis of Oxford. Levidiotis had been Brenda’s attorney in the divorce which became final during the same week as the criminal trial. This is the same attorney who had had Thomas arrested earlier for violating a “no contact” order by sending Birthday cards to his children. This would seem to be a direct conflict of interest and Thomas tried, unsuccessfully, to persuade Judge Lackey to appoint someone else.
Thomas is currently incarcerated at Marshall County Correctional Facility in Holly Springs, Mississippi. We hope to see him back in court with a real defense attorney and before an honest judge.
Presumed Guilty!
In the early part of 1993 Thomas Combs was a fairly prosperous business man. The 33 year old cabinet maker owned his own cabinet-making operation as well as his home, equipment, land, boats, four-wheelers, etc., but he was going through a divorce from Brenda his wife of fourteen Years .
