Hammer Award: Judge Chris Craft

The DA’s office, long before Amy Weirich’s regime, has owned the Hammer Award.   We’ll be awarding our Hammer Award to judges as well as prosecutors.

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Judge Chris Craft

 

hammerawardOur June award winner is Judge Chris Craft, Shelby Criminal Court Division VIII.    We outline his bio towards the end of this piece, but right now we’re going to jump into why Craft gets the Hammer Award.

 

Craft’s Crowning Achievement:  Nuora Jackson

nuora
Nuora Jackson

Chris Craft played a leading role in the false imprisonment of Nuora Jackson.  Emily Bazelon, in her book “Charged: The New Movement to Transform American Prosecution and End Mass Incarceration” spends six chapters examining Jackson’s agonizing journey through the legal system.   Amy Weirich was the prosecutor in her 2009 trial, and hid exculpatory evidence in a Brady violation

During her closing argument, Weirich said “Just tell us where you were, that’s all we are asking, Nuora”.   This was a reference to an unexplained hour in the timeline of the night of the murder, and the fact that Nuora had not taken the stand during the trial.  Jackson’s attorney, Valerie Corder, objected on the basis that the prosecution is not allowed to use a defendant’s constitutional right not to testify as a sign of guilt.

Judge Chris Craft refused a mistrial.   In Nuora’s 2013 Supreme Court appeal, Corder played a five second video of Weirich charging across the courtroom at Jackson with her demand for testimony, and the supreme court justices wanted to see it again.   This, and a note which was “disappeared” from the evidence, formed the basis for Jackson’s eventual retrial.     Chris Craft bent over backwards to allow Weirich’s obvious malpractice.    Weirich eventually received a “private reprimand” from the Board for Professional Responsibility for her malpractice in this case.

In the Tennessee Supreme Court’s judgement, Given that the impropriety of any comment upon a defendant’s exercise of the Fifth Amendment right not to testify is so well settled as to require little discussion, it is not at all clear why any prosecutor would venture into this forbidden territory”.   

It is also not clear why any judge would allow it. 

The Earley Story case.

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Earley Story

Earley Story is a former Shelby County Deputy Sergeant jailer who was framed for the sale of marijuana on the basis of evidence by a paid confidential informant, in reprisal for blowing the whistle on conditions at the 201 Poplar jail.  After his 1998 conviction, Story, though he served no time, has constantly tried to assert his innocence.

Earley Story has a motion for a writ of “Error Coram Nobis” currently in Chris Craft’s Division VIII.   He filed a motion for Judge Craft to recuse himself.   The Post and Email blog details Story’s grounds for recusal.  “In February, Story was granted a hearing in Division VIII, where Judge Chris Craft presides.  In 2004, Craft denied Story’s post-conviction appeal; he also sentenced Story to ten days in jail after finding him in “contempt of court” for allegedly interrupting him in the courtroom.   Story has questioned not only Craft’s neutrality, but also why his recent request for a case review was not assigned to Division III, in accordance with Tennessee law, rather than in Division VIII.

Given Craft’s previous involvement, including his misrepresentation of Story as having accepted a guilty plea at a hearing of the private parole board to which Story’s case was sent.   Story has also sued Craft for alleged improprieties in the handling of his probation.

We were in court for Story’s February 11th, 2019 appearance in Craft’s court.   This was their first interaction, from my notes:

Judge Chris Craft: Do you have an attorney?
Earley Story: No
Judge Chris Craft: No What?
Earley Story: No Sir
Judge Chris Craft: No What?
Earley Story: No Sir Your Honor.
Judge Chris Craft: No What? Are you answering “is it raining”.
Earley Story: You asked if I have an attorney.
Judge Chris Craft: Sit down. (mumbles something) I’ll find you in contempt of court.

Considering that Judge Craft had sentenced Earley Story to ten days for contempt in 2004, we are inclined to take this threat at face value.

Michael Rimmer

Rimmer
Michael Rimmer

Michael Rimmer was sentenced to death three times for an alleged 1998 murder.   Chris Craft presided over the 2016 retrial. and third death sentence.

He was granted a new trial in December 2013 because Thomas Henderson, a high-placed, veteran attorney in the Shelby County District Attorney’s office, did not give relevant evidence to Rimmer’s defense attorneys, a Brady violation.  The Tennessee Supreme Court’s Office of Professional Responsibility ordered a public censure of Henderson.

This case was documented in the 2017 Fair Punishment Project report.

Kendrick Watson

kendrick
Kendrick Watson

We saw the story of Kendrick Watson when we wrote about Celitria Watson, his sister, and April Malone, his significant other.   They were co-defendants in one of his cases.   A wiretap report, obtained under a warrant for Kendrick’s phone, was falsified by police and prosecutors.   This resulted in April and Celitria’s cases being severed from Kendricks, and dismissed.   Nonetheless, reports from this wiretap were used against Kendrick, and April and Celitria’s proof of evidence fabrication was not allowed in court.

Kendrick Watson had other issues with the legitimacy of the wiretap warrants, including a warrantless search of the phones of his associates following a traffic stop and some questions relating to a bank report used to obtain the warrant.

Perhaps this is a natural consequence of judges policing each other in a cozy manner, but Chris Craft, as the presiding judge of the Court of the Judiciary, rejected Kendrick Watson’s complaint against Judge Lee Coffee, despite Coffee’s acceptance of tainted evidence.

Charles Thompson

Thompson was a shot-caller for the Traveling Vice Lords who was accused of ordering the killing of Deputy Deadrick Taylor in April 1996.   This appears to be part of a spike of deputy killings that happened around the time that a massive Jobs for Cash conspiracy was being revealed by an FBI inquiry and subsequent Federal trial of two of the conspirators.   Thompson was being held on a separate charge in 201 Poplar at the time he is supposed to have ordered the murder of the deputy.

Judge Chris Craft presided over Thompson’s conviction on docket 96 11968-96621546.

Thompson was mysteriously transferred under the Interstate Prisoner Transfer Compact and he is now believed to be in a Federal institution in Arkansas.   Charles Thompson had a close association with Jason White, his deputy in a prison gang.   White, while still in prison under a previous sentence, was framed on a planted meth bust, given an additional 60 year sentence, and, a few weeks ago, spirited away on another interstate prisoner transfer to a distant state.

Just City Court Watch Blog describes Craft interaction.

An extract from the Just City Court Watch Blog.

201_poplar“April 10th, 2019 – An attorney believed to be representing the defendant pointed his finger at her and said, “Keep quiet!” as she was attempting to speak to Judge Craft and request a new attorney. When it came time for her case, the defendant wanted to be heard. After her attorney painted her as mentally incompetent, Judge Craft let her speak. She explained that there had been no communication between her and her attorney, and that she’s being ignored. As you can imagine, this is her only opportunity to advocate for herself — particularly since her attorney wasn’t. She had a difficult time staying quiet, but was never disrespectful in my opinion. After Judge Craft heard her out, there was more she wanted to say. However Judge Craft appeared annoyed at this point and said, “I’ll give you 10 days in jail for every word you say”. The defendant was quiet.”

Earley Story describes Craft intimidation

We previously saw a description of Judge Craft’s interrogation of Earley Story.  In conversation with Mr. Story, he described an interaction with Craft during the case when Craft sentenced Story to ten days for contempt.

Judge Craft would say something, then pause.   If Mr Story waited for the judge to continue, he was chided for being non-responsive.   If Mr Story spoke during the pause, Judge Craft would continue and accuse Mr Story of interrupting.

This is an excellent way of intimidating pro-se defendants, whether or not this effect is intended.

Biographical Details

Edited from noethics.net with additional details from the Daily News.

Chris Craft received his law license from the Tennessee Supreme Court in 1978 after graduating from Memphis State University.  From 1980 to 1982 he did graduate work at Memphis Theological Seminary in Law and Religion.
From 1978 to 1982 he practiced as a defense lawyer in the family firm.
Beginning in 1982 through 1994, Craft was employed as an assistant prosecutor in the Shelby County DA’s office. In 1994 he was appointed as a judge.
Chris Craft was appointed to Judge of Division VIII of the Shelby County Criminal Court in 1994 and was elected to that position in 1996.   He has been re-elected for eight year terms ever since, most recently in 2014, when he was unopposed.    He is next up for election in 2022.
In August 2011, Judge Craft was elected as the presiding judge of the Court of the Judiciary. In a lame attempt at levity in responding to Sen. Beavers’ legislation, Judge Craft said, “It’s kind of hard for laypersons to understand the code of judicial conduct.”
This hyperbolic comment doesn’t pass the involuntary laugh test. Anyone could easily understand the mandates of the code of conduct.
Chris Craft is an elder and Sunday school teacher at Second Presbyterian Church and frequently extols the virtues of faith-based organizations.

The Hammer Award.

Judge Chris Craft, as a former prosecutor, is one of a number of judges who are former prosecutors.    We believe that exposure to the corrupt culture of the Shelby County DA’s office is a red flag.  We are following several other judges in that category.

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May 2019 Honoree Judge Chris Craft

Updates:  Chris Craft dismisses Earley Story’s writ of error coram nobis. 

Chris Craft named in article on class action suit against probation business.

— concluded —

 

 

 

 

 

 

 

 

 

 

Hammer Award: ADA Chris Scruggs

Daniel Connolly of The Commercial Appeal has recently outed Mike Cross, former Collierville and Shelby prosecutor, and Judge Jim Lammey for racism on social media.

hammerawardWe commend Mr Connolly’s enterprise and, seeing that we have our own research on prosecutorial and other criminal justice misconduct, we decided to follow his lead.

Our criterion for membership of our rogue’s gallery is something an ADA Hammer like Chris Scruggs would appreciate.   Three strikes and you’re in for good.   When we document three perversions of justice, you get our Hammer Award.

Shelby Co. District Attorney’s office has a hammer award, given to prosecutors who break the rules to get convictions.     This is our Hammer Award.

ADA Chris Scruggs

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Scruggs

The first recipient of our Hammer Award is Chris Scruggs.    He’s a long time prosecutor and has headed up the West Tennessee Drug Task Force, an inter-agency unit, which works with the Multi Agency Gang Unit and its Organized Crime Unit.

Drug prosecutions are especially problematic, as a large part of mass incarceration. There are perverse incentives including civil forfeiture, which engenders corruption, and the imposition of minimum sentencing laws has made this area especially problematic.

Chris Scruggs taken to Federal Court

Celetria_april
Celitria Watson (L) and April Malone

We first encountered Chris Scruggs in the Federal case taken by April Malone and Celitria Watson against three DAs and three MPD police officers.   In this case, Ms Watson had an automated cloud back-up app running on her phone,  She was able to prove that the version of a wiretap log of her text messages had been altered by the prosecution and police to add incriminating statements.    In addition, a bogus bank Suspicious Activity Report was used to obtain the wiretap warrant.    The prosecution team was aware of the fabricated evidence.

Ms Malone and Ms. Watson were able to prove their innocence and their cases were severed and dismissed, but Kendrick Watson, Celitria’s brother and April’s significant other, was given and additional nine years on his sentence using the same fabricated evidence.  April’s mother, Patricia Malone, took a misdemeanor plea for time served.

Chris Scruggs and Planted Weed

thorne_peters_portraitcropOur piece on Thorne Peters‘ bust at Imbiblio’s night club describes how Chris Scruggs had to recuse himself from a second trial of Peters and others because of his misconduct in the first case.

In the initial December 2008 raid, some weed which had been thrown down in commonly accessible areas was found, but this was not allowed as evidence because there was no search warrant.   The arrest affidavit was altered months later to add a small baggie of weed supposedly found in the cruiser used to transport Peters, and the case was dismissed.

In addition to the evidence tampering, this case showed the abuse of bail.   Peters was held on $400K bail and ended up serving 19 months on a charge which had a maximum penalty of less than one year.  Peters’ insistence on his day in court called the DA’s bluff.    The DA’s expected to plead out, which would make the weakness of their case moot.

Peters was again arrested in July 2009 on the evidence of a confidential informant, Ashley Egan, who was paid $2000 for her testimony.   Egan was later sentenced to several terms of imprisonment, was described by her SCSO handlers as a junkie and was a client of the mental health court, which usually requires mental health treatment for its defendants.      Chris Scruggs, who had been cited for his role in the 2008 bust, recused himself from this case in October 2010, after the snitch testimony had been given.

Third Strike:   Jason White’s case

jason_white_cropThe 2016 cases of Jason White, Kristina Cole and Montez Mullins is especially egregious.   Bartlett police intercepted a package containing a pound of meth, relabeled it with Kristina Cole’s address, got a dubious warrant for the altered address, and busted her.   They confiscated her phone and sent some text messages to a phone they thought, but never proved, belonged to her incarcerated boyfriend, Jason White.  They subsequently added Montez Mullins, who admitted to organizing the shipment, to the docket.    The defendants were sentenced to  a total of 113 1/2 years.

The arresting officer testified to the changing of the destination address and the bogus text messages on the stand, so Scruggs, as the prosecutor, would have known these facts while being briefed on the case before trial.   Cole and White were innocent bystanders to Mullins’ prison meth distribution scheme.

Chris Scruggs:  Congratulations

hammeraward

 

Chris Scruggs is a deserving recipient of our first Hammer Award.

We will be awarding future Hammer Awards to prosecutors, judges, law enforcement and individuals who get three strikes for overzealous enforcement of mass incarceration.

 

 

 

–Concluded

 

 

 

 

April Malone and Celitria Watson in court

Today, January 30th 2019, April Malone and Celitria Watson made an appearance in Federal court in Magistrate Judge Tu M Pham.

As we saw in our previous post,  Ms Malone and Ms Watson are the falsely-arrested women who faced manufactured wiretap data, where MPD Organized Crime Unit detectives used a Stingray device to alter texts between Ms Watson and her incarcerated brother, Kendrick Watson.   She had an automated cloud backup of all her phone activity and was able to produce the original backup of her texts to prove the police alteration of the evidence.   Their cases were dismissed and expunged, but Kendrick Watson was convicted on evidence from those same cops.

Today’s hearing was a scheduling conference where the due dates for the various activities leading up to a December 2019 jury trial.  From the docket (PDF) “Pro-Se Plaintiffs April Malone and Celitria Watson present.  John M. Jones and Emmett L. Whitwell  appearing for defendant Shelby County.  Darius Walker, Jr. appearing for the City of Memphis. Betsy McKinney making a limited appearance on behalf of defendants Thurmond Richardson, Jonathan Overly and William Acred.  The parties submitted a proposed scheduling order.  The court discussed the dates and deadlines with the parties.  Plaintiffs made an oral motion to waive the mediator fees pursuant to the Mediation Plan for pro se civil cases with parties granted IFP status.  The court granted plaintiffs oral motion and waived the fees.  Mediator will be selected by the court.

A motion or several motions for dismissal are expected from the defendants.

Here is the scheduling order that Judge Pham made today.    Disclosures will be done in the next two weeks, where the plaintiffs have to provide copies of the documentation they have and a list of damages and time off work.   The defendants also have to produce their documents and details of any expert witnesses.    The next step will be the appointment of a mediator.

Any attorney who would like to jump in here would be most welcome.   Ms Watson and Ms Malone need to know what will happen in the mediation.

Also in court today, Mr Earley Story, who also has a pro-se Federal civil rights case coming up in February.   We will be following Mr Story’s very interesting case here on MemphisTruth.com.

See the short video here. (2:30).
More information here.

(2/3/2019) April Malone and Celitria Watson have started a gofundme to fund their legal representation.

To be continued.

 

 

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