H. Lewis Gillis: The “Miracle Worker”
By: Donald V. Watkins
Copyrighted on October 13, 2026
On December 10, 1990, Birmingham, Alabama Police Chief Arthur Deutcsh, police officers Bob Howell and Mike Lee, and Assistant Jail Administrator Robert Stone were indicted on state law felony charges of tampering with government records. The charges arose from an unsuccessful effort by one or more of these officers to alter jail records in an unsuccessful attempt to cover up the July 5, 1990, arrest of Erica Arrington, the daughter of then-Birmingham Mayor Richard Arrington, Jr.
There was extensive publicity surrounding the attempted coverup of Eric Arrington's arrest, and it was overwhelmingly negative. Much of this publicity was sensational and undoubtedly prejudicial in the courts of public opinion and law. The publicity included highly inflammatory pre-indictment remarks by longtime Jefferson County, Alabama District Attorney David Barber.
The indictments came at a time when Mayor Arrington was running for re-election in October of 1991 for his fourth consecutive term in office. Arrington’s strongest opponent was running largely on the jail records controversy, with David Barber surreptitiously supporting this opponent.
Chief Arthur Deutcsh was tried first, and he was convicted on May 24, 1991. (Deutsch's conviction was later reversed on appeal, and he was never retried based upon a judicial determination that he was mentally incompetent to stand trial after a work-related accident).
The negative publicity from Chief Deutcsh’s conviction spilled over into the political arena and was hurting Mayor Arrington’s chances for re-election, even though Arrington had no involvement in the jail records controversy.
Officer Mike Lee's trial was up next. For a host of political reasons, we desperately needed a mistrial or acquittal.
How Gillis Won Mike Lee’s "Unwinnable" Case
Each of the four indicted police officers in the jail records case had a separate lawyer who was paid with city funds, as authorized under state law. Each officer had a separate trial.
We assigned Lewis Gillis to represent Officer Mike Lee. Chief Deutsch and the other two defendants selected their own attorneys.
Mayor Arrington and I asked Lewis Gillis to secure a mistrial, if possible, as the mayoral election was only two months away from the start of Mike Lee’s trial in August of 1991. After Chief Deutsch's conviction in May of 1991, we thought another conviction was likely and we did not need a second conviction as we approached the October election. The optics from a second conviction would further erode Mayor Arrington's chances for re-election. Under the circumstances, a mistrial would have been a good outcome.
On the third day of the trial, Lewis Gillis asked to meet with Mayor Arrington and me after court to brief us on the progress of the trial. In his briefing, Gillis reminded us that we asked him to secure a mistrial, if possible.
Then, Lewis Gillis asked us for permission to WIN officer Mike Lee's case. We were stunned by his request. We asked Gillis whether an acquittal was even possible, given the divisiveness in the community, the non-stop negative media coverage, and the circus-like political atmosphere surrounding Mike Lee's trial.
Gillis’ answer was simple and direct. He would call District Attorney Barber as an adverse witness for Mike Lee's defense and fillet him in front of the jurors. He would expose Barber's political motivation for bringing the criminal charges against Lee. With the defense work Gillis had already performed during the prosecution's case, he thought this strategy would sway the jury towards an acquittal.
The next day, Gillis called a stunned David Barber to the witness stand as his first defense witness. Gillis filleted Barber in front of the jurors, who were surprised to see the way Gillis firmly handled a member of the prosecution team as an adverse witness.
Gillis kept Barber on a short leash and sliced him with razor-sharp leading questions about all his pre- and post-indictment comments. Barber was nervous, unprepared, and testy during his entire time on the witness stand.
Gillis’ examination of Barber was masterful. It turned the tide from a possible mistrial to an outright and stunning victory on all charges.
Epilogue
When I retired from the legal profession, my win-loss record in the courtroom is 217 wins and 8 losses. One of those defeats came at the hands of Lewis Gillis when he was a Montgomery County assistant district attorney.
After Gillis kicked my ass in the courtroom, I made it my business to get to know him and work with him when he entered private practice.
With his stunning victory in the Mike Lee case, the members of my litigation teams started calling H. Lewis Gillis the “Miracle Worker.”
Officer Howell's trial started on September 9, 1991. His jury deadlocked, and a mistrial was declared on September 13, 1991. (After Mayor Arrington was re-elected in October, Howell was retried and found guilty of a misdemeanor charge of tampering with government records.).
Assistant Jail Administrator Robert Stone was tried last, and he was acquitted after the October election.