Saturday, November 21, 2009

Heather Ellis' symbol and sacrifice in Missouri

Dear Loretta--



Thanks for sharing.



Ms. Heather Ellis' bravery and plea exposed much about Missouri, even as it spared Missouri national disgrace.



First, her bravery and plea exposed the enduring legacy of racial animosity in Missouri's boothell (sic). It is, after all, south of Cape Girardeau, home of Rush--quiet as a mouse about this case--Limbaugh. The Walmart manager should've simply opened another register and cashiered Heather or the white girl, who first cut in line, separately. Numb skull or racist? Walmart's lines are too long, and too slow, notoriously,--hmm, I feel a premises liability theory evolving!



I was struck by the "Memphis SCLC" banner on the Dunklin County Circuit Court house steps in one published photograph. Were there no Missouri-based SCLC or NAACP presence? Their apparent absence exposes their weakness or diffidence, or both, in this still oppressed region of our state. They could've realized a public relations coup, as did Dr. Boyce Watkins, who attended and organized a rally, supporting Heather Ellis. Watkins is founder of the Syracuse, N.Y.-based Your Black World Coalition.



I was saddened by the fact that no black lawyers came to her aid, despite notice having been sent by me to three former presidents of the Mound City Bar Association. Are there any black lawyers practicing in Southeast Missouri? That's an indictment by itself on the quality of justice in Southeast Missouri (and Southwest) Missouri--all Missouri. As black lawyers, we should be embarrassed by this deficiency and impelled to seek remediation, somehow. This, too, falls under the heading of "exposure." This rings especially true for the National Bar Association, whose President is a St. Louisian.



I was heartened by the fact that at least one lawyer--of any stripe--stepped up to the plate, on behalf of Ms. Ellis, Mr. Scott Rosenblum, a criminal defense lawyer from St. Louis. I've sent him a thank you note. He "spared" Ms. Ellis.



Perhaps the over-arching lesson to be drawn is making a mountain out of a mole hill is impracticable for all concerned. Ms. Ellis' father, Rev. Nathaniel Ellis, a Church of God in Christ pastor, is reputed to have taught her to never admit guilt, when she is innocent of something. This is good advice in a vacuum. However, as ensuing events reflect, justice is a multifaceted gem. My plane may not be your plane, nor your facet my facet. It also shows the truth of Jesus' teaching to render unto Caesar the things that are Caesar's and unto God the things that are God's. << Mark 12:17 >>


Jesus, too, was pragmatic at times.



Unto everything there is a season, and a time for every purpose under the sun. Eccl. 3:1.



Very Much Love,

Larry Delano Coleman, Esq.












-----Original Message-----
From: Lmoorekc@aol.com
To: daryl89@sbcglobal.net; jehank@sbcglobal.net; Jorymetcalf@aol.com; ashenafi8660@att.net; LCole81937@aol.com
Sent: Fri, Nov 20, 2009 7:29 pm
Subject: Plea Bargained - Probably the best Outcome


Walmart defendant fate rests with jury
BY JIM SALTER
ASSOCIATED PRESS
11/20/2009

Updated: 7:10 p.m.


KENNETT, Mo. -- With a jury still deliberating her fate, Heather Ellis made a surprise deal with prosecutors this evening that would spare her a possible felony conviction for a melee with police after a disturbance at a Walmart store here in 2007.

The family of Ellis, 24, who is black, had claimed she was the victim of discrimination by store employees and police, although defense lawyer Scott Rosenblum never made that claim during the three-day trial.

Ellis, a high school teacher who was raised in this Bootheel community but now lives in Lousiana, had previously rejected plea offers and insisted she would risk a felony conviction and possible prison sentence to make her point.

Under the terms worked out with special prosecutor Morley Swingle, she pleaded guilty of disturbing the peace and resisting arrest, both misdemeanors, in exchange for the dropping of felony charges of assaulting police.

She received a suspended imposition of sentence, which will clear her record if she successfully meets terms that include four days in county jail, one year of unsupervised probation and attendance of anger management classes.

The jury of 10 whites and two blacks was sent home after 2-1/2 hours of deliberations.

Officials claimed Ellis caused a disturbance in a dispute over who should be next in a checkout line, and that she kicked and punched police who first gave her an opportunity to just leave.



Loretta
Prayer is the most powerful method of communication.