Thurston Smith: Liar, Bully and Worse.

Readers of our City Council Election blog may have noticed that, instead of writing about Thurston Smith, I inserted a legal disclaimer.   Now I can reveal the full story.

On the fifth of July I was served with a temporary Order of Protection (PDF) filed by Thurston Smith.   The order is a tissue of lies, but my attorney advised me not to post anything, and I don’t keep a dog and bark myself.   The protection order was lifted (PDF) and expunged (JPG) yesterday (July 29th 2019) and now I am free to post without the threat of jail time.

The provisions of the order were savage, with confiscation of weapons, compulsory anger management courses, payment of court costs and more.

SLAPP Suit

Updated 8/4/2019.  I received an email  from a friendly lawyer.

Wasn’t obtaining the Order of Protection the equivalent of a SLAPP suit?

A strategic lawsuit against public participation (SLAPP) is a lawsuit that is intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition.

Wasn’t it also an abuse of process?

Lies

The first lie on the form is my height.   Smith peggged me at 5′ 7″.   The tallest I’ve ever been is 5′ 5 1/2″ and advancing age has reduced me to under 5′ 3″.

OoP_text

The big lie here was that the February 24th event was private.   In fact, his announcement of candidacy for District 7 was clearly a public event.

My_event_invite_Feb

The Facebook event, which was posted on the public page MRYE: Memphis Raise your Expectations!!!, was marked “Public” and was widely circulated.   I replied “Going” as above, turned up at the door, signed in and was admitted.

Other lies:  “Petitioner stated that Fergus Nolan then located him through social media”. In fact, Thurston located me through social media, sent a friend request and contacted me through Facebook Personal Messengerin December 2018.  I still have records of this conversation.

He later called me, which is how I got his number.   I did not call him until June 28th.

Made Flyers.   Untrue.   I have not made a flyer since 2016.  If I want to make a flyer, I do one page with QR codes to reduce litter and paper wastage, and let people scan the QR with their phones.

I did not say “police hag”.   It would have been “Pighag” which is a movie starring Anna T. Schlegel.

“Began peeping through windows”.  Untrue.   I did not cross the zero lot line which is about 12 feet from the windows.

Pacing back and forth.   Not true.   I am mobility impaired and am economical with my movements.

Left after 20 minutes.   Not true.  I arrived at 4:40 PM, made a phone call at 4:45 and left at 4:47.    Seven minutes, confirmed by the timestamps on the photos I took.

“Petitioner is in fear for his life”.   At the announcement event, there were over 40 of his friends present, and I was unarmed and alone.   At his house, he was safely inside and I was again unarmed and alone.  He is not in fear for his life.   He is in fear of being exposed.   Smith knows that his police buddies like to make this claim to violate people’s fourth amendment rights against search and seizure.

The June 28th Visit to Thurston’s House

On June 27th, I noticed that, although Smith owns a nice house he bought for $200,000 in Arlington, from the address on his Appointment of Campaign Treasurer, he appeared to be living in a dilapidated house bought from a bank in 2009, for less than $25,000, by his campaign Communications Director, Lloyd Brown.   The documents are here (PDF).  This piqued my interest enough for a reconnaissance.

IMG_0751.JPG
Peeling paint and rotten woodwork (blight) on an upper-story window at Thurston’s official District 7 residence

After an abortive visit on the 27th, where I did not find the right house, I hung my media ID around my neck and drove to his house on Friday June 28th with the aid of a GPS.   I noticed a white Cadillac with a VA parking decal parked outside and later posted that he seemed to be present.   I also took several photos of the exterior of the residence, with peeling paint and rotted woodwork and window jambs.   I thought this was interesting in case Smith later talked about blight.  In order to allay any worries about who was at the door, I called him and he did not pick up.

If Thurston Smith had done the same at my house, or called me, this would have been canvassing.   I think of this as reverse canvassing.

Why did Smith take out an Order of Protection?

It is interesting that Thurston’s first thought, when challenged by a voter in his district, is to resort to lying and intimidation.   On Sunday June 30th, Detective Raymond Jones called me saying that Smith and Lloyd Brown had complained that I had been stalking and harassing them.   I have not heard more.  Presumably MPD would have just as hard a time proving these allegations as Smith had in court.      Hopefully Detective Jones had permission from Director Rallings to undertake an “investigation” that had obvious potential for revealing political information.

Broadcaster Thadeus Matthews claimed, in this broadcast (at hour 1 minute 20) from July 1st, and again on the 15th, that Thurston Smith had been forced to retire early from his job at the VA.   According to Matthews, this was allegedly related to alleged claims that Smith had allegedly sexually harassed another employee.  Matthews said he would have the victim as a guest on his broadcast.  We will not reveal the name of this employee, who is still at the VA, because it is our policy not to expose the names or particulars of alleged victims of alleged sexual crime.   We also can’t name our informants at the VA because the case of Sean Higgins proves that whistle blowers are savagely treated at the VA.    We would also point out that Mathews is also saying that Smith does not live in the district, which we don’t believe.  Matthews was shaking Smith down for “advertising” money at the time.

Asking Smith questions about the circumstances of his departure from the VA prompted him to reach out to me via Personal Message, by phone and caused him to be visibly angry at his campaign announcement event.   He attempted intimidation via law enforcement and the Temporary Protection Order.

bart.png
Image  Picsart.com

Smith clearly has no regard for constitutional values, truth or transparency.    Without the material in the protection order, I would not have had much to write.   How he imagined that his dubious maneuver would silence me is unclear.  His lack of judgement alone disqualifies him from office.

Thurston Smith and the Police.

MPD_COP_badge_crop
Photo: Facebook

This is Thurston Smith’s Community Outreach Program ID.   He shamelessly posted it on his Facebook page.

COP is an organization of police sympathizers and snitches.   They attend special training at Memphis Police Academy, where they are trained to spy on citizens and spread police propaganda.  We obtained emails to COP members around the time of the April 3rd, 2018 Rolling Block Party police riot, where police brass asked COP members to try to prevent their congregations from joining the protest, in which Manuel Duran and others were arrested by paramilitary Organized Crime Unit (OCU) police thugs.

At a time when candidates like Tami Sawyer and John Marek are calling for the firing of Mike Rallings and his replacement by a Director who understands community policing, Smith holds the view that MPD is fine as is and should be supported in their campaign of mass incarceration.   Evidence to the contrary includes:  The ACLU “Kendrick” court victory and court monitor, Darrius Stewart’s murder and cover-up,  the attempted murder, cover-up and incarceration of Martavious Banks, the police riot after the killing of Brandon Webber, turning off of body- and dash- cams, the Graceland discrimination case, the FightFor$15 case, numerous letters from CLERB which were stonewalled by Mike Rallings, spying by police at an actual Court Monitor public meeting, Authorization of Agency and other incidents of police malpractice and brutality too numerous to mention.

Thurston Smith is a pro-police dinosaur at a time when District 7 and the entire city is crying out for police reform.

Incidentally, Smith’s posture strengthens the Caissa Dog Whistle, which supports white control of the City.

I consider it an honor to be singled out for retribution by Thurston Smith.

— concluded —

 

   

 

 

 

Dan Rosson placed on AoA by City

We have another Authorization of Agency case to share, this time that of Dan Rosson, against whom Memphis Animal Services, in collaboration with City Chief Operating Officer Doug McEwen, have created an AoA.  Once again, the City has used AoA to silence a political opponent.

AoA and the City Blacklist.

blacklist
Mike Rallings and Jim Strickland’s Blacklist.  Photo, The Commercial Appeal.

Authorization of Agency first came to public attention when the City’s Blacklist was published on half a dozen AoA forms.  Placement on Jim Strickland’s AoA was purportedly in retaliation for a December 19th Die-In action at Strickland’s, but it contained over forty activists’ names, far more than the ten or so protesters at that action.  The list was correctly interpreted as a City action against a list of activists which MPD was managing in contravention of the 1978 Kendrick Consent Decree.   The ACLU took the City and MPD to court and won.

AoA used against Zoo critics.

hunter_being_cuffed
Hunter Demster being cuffed by Officer Dan Adams at the Zoo

We publish some research on Authorization of Agency, compiling almost 1,700 AoA records obtained from MPD via Open Records Request.   While 84.9% of the AoA victims were  African Americans victims of police racism, a few, featuring Hunter Demster, Maureen Spain and myself were clearly in retaliation by the Zoo and MPD for harmless political speech.  In my case, I was on two AoAs, one issued days after my 2016 arrest at the Zoo, which was judged by the courts to be a wrongful arrest, dismissed and expunged.   My second Zoo AoA was illegally created by forging my name to an existing, pre-signed AoA with Hunter Demster, after we uneventfully visited the Zoo.   Again, this was an act of political retaliation, supported by MPD files collected in violation of Kendrick.

MPD working for private employer with AoA.

rodney
Rodney Fisher (Photo: Facebook)

Last week, we wrote about Rodney Fisher’s AoA at DHL/Nike.  In this case, Mr. Fisher’s employer used MPD to inform him that he had been fired, in retaliation for political speech at his place of employment.  The MPD Lieutentant Colonel who ordered the patrolman to inform Mr. Fisher was quoted as saying he had been targeted for non-existent “threats” made via social media, indicating that Mr. Fisher’s first amendment speech on political subjects had been investigated, and that a social media search had been performed by MPD.

New:  Dan Rosson’s AoA

Now, we have a new AoA of concern, against animal activist and dog rescue volunteer, Dan Rosson.   In this case, city employees at Memphis Animal Shelter and City Chief Operating Officer, Doug McGowan, were behind the retaliatory use of AoA.

AOA

Dan Rosson was a long-time volunteer at Memphis Animal Services.  He was a dog foster, caring for shelter dogs at his home, and performing various tasks at the shelter.   He photographed dogs and helped document their temperaments among other valuable services that saved money for the City and the lives of many dogs scheduled for euthanasia.

Me 2
Dan Rosson (photo Dan Rosson)

Mr Rosson recounts an incident at a Collierville vet, when a dog, which had been secretly labeled as potentially vicious by MAS. attacked another dog.   Rosson subsequently, at an April 2018 MAS advisory board meeting, called for volunteers to be warned about dogs labeled as problematic.   Mr Rosson, in the following months, also shared a long list of administrative issues at MAS that he wanted addressed.

On February 13th 2019 Mr Rosson posted on Facebook about some critically ill pups who needed urgent veterinary treatment.   He had been banned from transporting animals and no-one else was available to drive the pups to the vet.

Mr Rosson, as a proponent of the humane treatment of animals, was upset at the unnecessary suffering caused by the delay in the treatment of the canines.

On February 14th, Mr Rosson circulated a petition to volunteers and others, and engaged in first amendment protected speech critical of the City administration of MAS.  The petition asked the City to promote due process and prevent First Amendment abuse by MAS officials, naming  MAS director Alexis Pugh.

mcgowan
Memphis City COO Doug McGowan.  Photo: City.   We apologize for the aesthetics

On February 18th, Mr Rosson posted that City Chief Operating Officer Doug McGowan had allegedly called Rosson’s former employer, University of Tennessee.  Mr Rosson is retired from UT but had availed of the customary policy of allowing retirees to continue using their UT email.   UT canceled Mr Rosson’s email account with resultant chilling effect on his ability to engage in free speech on this issue.

On the 20th, Mr Rosson received some Open Records Requests information from the City attempting to clarify the MAS policies on administering volunteers and asking for records on his own case, and the petition was delivered to the Mayor and City Council.   That was the day the AoA was signed by Alexis Pugh.

Puke
Alexis Pugh (Photo WKNO)

On February 21st Mr Rosson was informed that he would be arrested if he set foot at MAS and was informed of other charges made by Pugh against him.   These additional charges might constitute illegal acts but were not recorded (as sometimes happens) as marginal notes on the AoA.  This suggests that MPD was maintaining other documents relating to Mr Rosson.   This implies the existence of an investigation, which, being likely to uncover political information relating to Mr Rosson’s communications with the City and MAS, should have been approved by Police Director Rallings pursuant to the Kendrick Consent Decree, which had been well aired in Federal court by this time.

Slide6
Some cute rescue puppies.  We could not leave you with those administrator photos.  

The accusations made by MAS management, if they could be substantiated, should have resulted in a police investigation.  Mr Rosson has not been charged with any offense relating to alleged incidents at MAS.

We believe that Mr Rosson’s case is an clear example of AoA being used by MPD to harass political opponents of the City, which is a pattern we have been seeing  lot of.

Note on Authorization of Agency.

If you are told, by MPD or property management, that you will be arrested if you set foot on a given property, ask if you are on an AoA.

If you are on an AoA, you can get the document for free via the City Open Records portal.  You need to specify a date range, which should be a few days before and after the date you are informed.  You need the address of the premised, and also the MPD precinct and ward in which it is located, which you can look up in the link.

Sometimes AoAs are placed without informing the victim.   In this case you find out about it at some later point, when you visit the premises.   In that case, figure out when the AoA was placed and straddle that date in your open records request.

Share your AoA adventures with us.  If you feel that the AoA is the result of an MPD investigation not approved by the Director, or if its deficient due process is being used to threaten or intimidate you, or to impede your constitutional rights, contact the MPD Court Monitor. Read our AoA information.   If you are arrested for trespass on an unposted location without being given notice to depart, share this information with your attorney.

— concluded —

Witnesses to Jobs for Cash conspiracy murdered in Sheriff’s Office Cover-up?

We now enter a truly bizarre world of cover-ups, conspiracy and corruption.   In our “Prosecutor!!!” series, we picked up on the first Sheriff Dept. cover-up, where Earley Story’s evidence of jail conditions, as provided to the FBI, is discredited by a bogus prosecution.   The evidence in his case was created by confidential informant #2282, Alfredo Shaw at the behest of deputies and prosecutors.   Twenty years later, convicted death row inmate Tony Carruthers gets evidence about Shaw in discovery and sends it to Mr. Story, who, decades after his conviction, is still fighting to prove his innocence.  We looked into Shaw and found that he has apparently given testimony in up to fourteen other cases.

ACGilless
Sheriff AC Gilless

We looked for the other cases where Shaw might have helped fabricate evidence for prosecutors.    We found two jailer deputies, Bernard Kimmons and Victor Campbell, who were arrested with Earley Story on January 31st 1997.  They were prosecuted by the same team of deputies, prosecutors, judges, undercover officer and confidential informant Alfredo Shaw.   We found at least four alleged weed buys by Shaw that were not documented in the CI ledger which Carruthers provided.     So we looked into this and talked to dozens of witnesses.   Bernard Kimmons would not comment, and we have not found Victor Campbell yet.

 

Alfredo-Shaw-mugshot-36147747.400x800
CI #2282 Alfredo Shaw

We examined the evidence provided at the trial of Roderick Cobb and found that it had been fabricated.   Evidence had been planted, including a pair of handcuffs of the wrong type, and the gun that did the killing.  The since-discredited Deputy Medical Examiner OC Smith, the one who gagged himself with barbed wire, hung a bomb around his neck, lied to the FBI and was convicted and fired, created testimony.  He moved a bullet wound and concocted a bizarre story of how Cobb was supposed to have drawn a twice-searched-for gun, while handcuffed in the rear, and shot the deputy.   In addition, the GSR (gunshot residue) tests had a focused concentration at the driver’s seat, while, to comply with Smith’s proposed evidence, it should have been around the passenger seat and rear of the car, in the inverse of the actual pattern.

OC_Smith
Former Deputy ME OC Smith

 

 

We were struck by the fact that people connected to the case had had their lives, and the lives of their loved ones, threatened to remain quiet, and no-one would go on the record.   So, from the hard evidence of the Alfredo Shaw cover-up and the many discrepancies in the official case against

SherryHopperGoodman
Deputy Sherry Goodman

Roderick Cobb, we concurred with the general opinion of our sources that Cobb had been convicted to cover up the fact that a deputy did the killing.   The Kimmons and Campbell framing, in conjunction with the Earley Story cover-up proves they were also being silenced and covered up.    The planted evidence could only have been laid by someone who is part of the investigation.   So we wrote it up as a triple cover-up.  We concluded that Kimmons and Campbell had been targeted in cover up #2 because they had connected the dots in the cover-up of the Goodman murder while they were Cobb’s custodians.

We did not know why Deputy Goodman has been assassinated, but soon our informants started talking about why.   Goodman was linked to yet another FBI inquiry, the one into the jobs for cash scandal.   She was said to be a cooperating witness.    At this point our story takes a bizarre leap into the territory of fact being stranger than fiction.

Another unknown in our previous installment was why the cover-up of Goodman’s murder mattered to the crew who engineered the framing of the three deputies.    We know they were working for the same top level of SCSO management, because of Earlie Story’s involvement.     What connected Goodman’s assassination with top SCSO management?

People connected with the deputies’ cases and the Goodman case, and their families, are still being threatened with reprisals for talking, more than twenty years after the events.    The statute of limitations has expired for every possible offense, except murder.

Editorial Disclaimer

Normally we don’t publish anything that is not provable by documentary or on-the-record witness statements.  We have publishing guidelines.   In this case, because of the evident threats to witnesses and their families, which are very credible, and because of an effort to conceal official records and court documents, we are making a departure from these guidelines.

We are scientists by training and we will use the scientific method of documenting a theory to proceed

The Sheriff Dept. Jobs for Cash Scandal.

PhilCampbell
Phil Campbell, Memphis Flyer reporter

This happened over twenty years ago and many won’t remember the details.   Phil Campbell of the Flyer gave a cogent account in September 1998.    The story starts in 1991, with a conspiracy in the Sheriff’s department, for which Alton Ray Mills and Stephen Toarmina were convicted years later.   Applicants paid amounts up to $3,930 as bribes to obtain jobs in the Sheriff’s Dept.   There were unindicted co-conspirators, including Cliff Avent and unidentified victims including Robert Wilson together with six identified victims, including Derick Feathers who were named in the case, but not identified in the case documents .

 

From February 1991 until he was fired, Alton Ray Mills served as Chief Deputy Sheriff of the Shelby County Sheriff’s Department in Memphis, Tennessee.  By all accounts, Sheriff AC Gilless gave Mills free rein in day-to-day operations.

RayMills
Alton Ray Mill

Stephen Toarmina is a North Memphis grocer, whose convenience store is at 1486 Chelsea.   At that time he was a political crony of Sheriff AC Gilless and was appointed as a special advisor in the Sheriff’s office.   Toarmina liked to play cops and robbers, rolling around the county in a department cruiser, wearing a deputy’s uniform with a sidearm.   He would harass members of the public while impersonating an officer.      Toarmina got loans for bribes through his business for five named victims and processed a credit card payment for the sixth, laundering the proceeds through the store accounts.

 

Harold Hays Discovers Jobs for Cash

From the Flyer: “Between working for the FBI and for the Germantown police, Hays had been (appointed)  Sheriff Gilless’ internal-affairs director in 1994. It took only six months for him to get fired. Hays had to report to Mills about his investigations, but after a short while he started getting reports about Mills himself. Hays took advantage of an out-of-town trip by the chief deputy to bring his findings to Gilless.  Hays and the sheriff’s legal advisers then presented his evidence to

toarmina_grocery
Toarmina’s convenience store

then-DA John Pierotti. The next day, Mills came back into town and had Hays fired. Gilless approved…”.

 

Hays had reported the case to the FBI in early 1995, which started an inquiry.  The Federal indictment of Mills and Toarmina came down on April 18, 1996.

The Shape of the Cover-ups

We know the first cover-up, that of Earley Story, was a matter of concern to the top levels of management at SCSO.

Earley_Story_H&S
Earley Story

The second cover-up was related to the Early Story cover-up, as it was carried out by the same team at the same time.   As the cover-up of the Goodman murder might just be an operational matter carried out by a member of the investigational team, we need to explain why covering up Goodman’s murder was of concern to the individuals who framed  Story, Kimmons and Campbell, unless the murderer had infiltrated the first two cover-ups.    Top management, namely Gilless and his immediate reports, surely knew about both matters being covered up.

 

We are looking for a root cause, that is of concern to the Chief Deputy management level at SCSO.

Probability analysis of a deputy murder at SCSO.

taylor150x
Deputy Sgt Deadrick Taylor

This SCSO fallen officers memorial page lists nine officers who were murdered, all by gunfire, between 1900 and 1999.   We left out Deputy Cranford’s 1946 killing as it was a car crash.  Deputies Mitchell and McDermott (1904),  Goad (1907), Nelson (1917), Reeves  and Applebury (1920) and  Stelling (1945) all died in the first half of the century.    Then there’s a gap of over 53 years between Stelling and the killing of Deadrick Taylor on April 19th, 1996.    This is the day after Mills and Toarmina were indicted.   98 days later, Deputy Sherry Hopper was murdered.     The gap between Stelling’s killing and Taylor’s was about 200 times the interval between Taylor’s and Goodman’s.   You can’t do statistics with numbers this small, but we can say that Goodman’s and Taylor’s killings formed an outlier cluster.

 

murder_graphWe can calculate some probabilities.   The probability of a deputy being killed in any given year, P(A) is 9/100 or 0.9.   The probability of a second murder, P(B|A) in a given year is 8/100, because one of the murders is already counted.    The probability of two deputy murders in the same year, by Bayes  theorem, is (0.9 * 8/100)/(9/100)  = 0.0072, less than one in a hundred.     Bayes theorem only works if the events are independent, or unrelated to each other, so this result means that two murders happening in the same year are almost certain to be causally related.

We could also say that the probability of being a deputy and getting murdered between 1950 and 1999 are zero, unless you are Deputy Taylor or Deputy Goodman.

We also note a high incidence of deputy deaths by other violent causes around the time, including four reported suicides.    The US national rate of suicide was 11 per 100,000 in 2006, and, given 1506 deputies and four suicides, the rate in the Sheriff’s Dept. was 266 per 100,000 – about 24 times the national rate.    The most likely occupational group to commit suicide, marine engineers, is said to be 1.89 times the national average, and police and jail workers don’t even make the top 19 occupational groups for suicide risk.   266 suicides per 100K is literally off the scale.

Without having distributions among smaller populations, we can say with certainty that the suicide rate among deputies was well more than ten standard deviations from the normal rate and therefore the probability of this cluster is significantly less than 0.01%.    Combining probabilities, we can also say that the probability of four deputy suicides in a year where there were also two deputy murders must be tiny, well less than one per million.

Another witness was murdered, the juvenile Etienne Harmon, who was arrested with the three deputy jailers in 1997 and was killed in November 1998.   We are now very curious about the Deputy Taylor and Harmon killings.   Could there have been up to seven murders to cover up the Jobs for Cash scheme?

Deputy Goodman as cover-up target.

goodman_shrine
Sherry Goodman Fallen Officer memorial

 

We note that Goodman was a four-year veteran of the Sheriff’s Dept, so she was recruited after the Jobs for Cash scheme started in 1991.  We don’t know if she was a victim of the jobs scheme. We know that the indictment came in April 1996 so the FBI investigation at the Sheriff’s Department was creating lots of reasons for damage control by the conspirators who were operating at a high level in the department.   Combine this cover-up with the jobs for cash scheme, involving AC Gilless’ second in command and his political appointee, Toarmina, the Goodman murder cover-up and we have a fourth conspiracy with the same people in it, and this conspiracy includes a cover-up that silenced Taylor and Goodman.

We have been told by two sources in the system that Deputy Sherry Goodman was cooperating with investigators of the Jobs for Cash scheme and may have been scheduled to testify in the Federal trial, which was heard in August 1998.

Gilless in Cover-up

Campbell writes: The next day, Mills came back into town and had Hays fired. Gilless approved; the sheriff says that Hays was fired because, the day before he would sit down with Gilless, Hays refused to disclose the exact nature of the meeting he requested.   This obviously trumped-up trivial excuse for firing Harold Hays suggests that Gilless was part of the cover-up.

Additional coverage from Police One. (The Commercial Appeal is quoted).

More cover-ups.

The federal documents on the PACER system are very deficient, which is unusual for Federal court documents except where they have been ordered sealed.   There’s no discovery, witness depositions, grand jury indictments and most of the judgments are missing.   There’s also no motion to seal these documents.

Here are the documents we found in the case.   All documents are in PDF format.  The PACER case designation is 2:96-cr-20080-BBD USA v. Mills, et al.  A logon is required to access PACER but is automatically granted.

In Toarmina sentence appeal , he falls out with his co-conspirator and drops the names of unindicted co-conspirator Cliff Avent and unnamed victim, Robert Wilson.
Appeal ruling 1998.

DA Cover-up

bill.Gibbons
Bill Gibbons

The Shelby DA at the time, Bill Gibbons, as a Republican, was a political ally of AC Gilless, the Sheriff, who stood for re-election in August 1998, just days before his deputy and political advisor were tried in Federal court on 8/10/1998.  Gilless narrowly won amid the swirling news of the Jobs for Cash scandal.

In Phil Campbell’s Memphis Flyer story, (Federal Judge Jerome) ‘Turner, in fact, stated from the bench that “it’s disappointing” that District Attorney Bill Gibbons hasn’t done anything yet. Gibbons may still act, but so far his lackluster “no comments” suggest that the district attorney is in no hurry to prosecute the former allies and employees of Gilless, a professional colleague and a fellow Republican. There are political as well as legal considerations for Gibbons. If he doesn’t prosecute within the statute of limitations, and if Turner’s ruling survives a federal court appeal, then the DA’s tough-guy “No Deals” reputation could be tarnished’.

Bill Gibbons was Amy Weirich’s mentor at the DA’s office and is now the president of Memphis Shelby Crime Commission, after an unsuccessful stint as State Commissioner for Public Safety.

Sheriff Gilless announced that the deputies who paid for their jobs in the scheme would not face disciplinary action, consistent with a desire to suppress information about the scheme.

Phil Campbell

Campbell figures twice in our long series on the cover-ups at SCSO.  He was remarkably well-informed on the Mills / Toarmina trial, and he also made a tape recording at the Flyer, of CI #2282 Alfredo Shaw withdrawing his allegations against Earley Story.   Phil Campbell left the Flyer and Memphis soon after these events and is now in Broolyn, NY, far out of reach of Shelby Co. deputies and prosecutors.

Fourth Cover-Up

The fourth cover-up in our series is part of a known conspiracy in the Sheriff’s Department, the Jobs for Cash scheme, which extended to Gilless’ political advisor and second-in-command.   It includes at least one, and possibly as many as seven murders, of people related to the jobs scheme or the subsequent cover-ups.      The murderer or murderers have not be found, and, more than twenty years later, people with knowledge of the case, and their families, are being threatened and intimidated.     It explains why the Kimmons and Campbell frame-ups were done by the high-level team that perpetrated them.

We are continuing to look into the Deadrick Taylor murder.

— To be continued

 

 

 

 

 

 

 

 

 

More on snitch retraction and Earley Story

We received additional material on Alfredo Shaw’s TV retraction of his Crimestoppers snitch.   We have a video from a local TV channel and a sworn statement made to Federal court by Alfredo Shaw outlining how he was coerced into giving false witness in Tony Carruthers death penalty case.    We have also had several phone interviews with death row inmate Tony Carruthers.

We also got two more documents in the provenance of the CI ledger which Earley Story is using in his case.  Additional documents from Tony Carruthers attorney requesting the documents, the DA’s denial and a court order demanding the ledger be produced add extra detail.   We also have a better image of the CI ledger document.  Earley Story had another appearance in Division 8 before Judge Chris Craft and we provide notes of this hearing.  The Post and Email blog reports on Mr Story’s case and we have an account of his most recent court appearance last Monday.

We had an interview last week from a confidential source whose story matches the Alfredo Shaw modus operandi, generally confirming Earley Story and Tony Carruthers’ narratives.    We can’t print any more about this at present.

First up, the Alfredo Shaw confessions.

Alfredo Shaw confesses

This document was filed on April 21st 2011 in Western District of the Federal Court.   Shaw swears that Assistant DA Jerry Harris and MPD officers Wilkinson and Roleson briefed him, on or before March 27th 1994, on the Tony Carruthers murder case, showing him the case documents.  Other than media coverage, he had no other information concerning the case and had not, as he later claimed, spoken to Carruthers about the February 1994 case.   Shaw made a false statement to police on March 17th and provided the same witness statement to the Grand Jury soon after.

Shaw on TV

Alfredo-Shaw-mugshot-36147747.400x800
Alfredo Shaw

Around February 28th 1996, Shaw gave this interview to Channel 13.   He described how he contacted MPD Homicide, was approached by prosecutor Jerry Harris and offered $2000 and dismissal of charges to testify as instructed.  He talks about police and ADAs coaching him with “bits and pieces” for his Grand Jury testimony.  A prosecutor talks about Shaw’s other crimes, how he lied on this case and others and how Carruthers and other defendants should be protected from Shaw.   The fact that Shaw’s testimony was used again on Earley Story in his 1997 – 1999 case, and upwards of ten other defendants, tends to deflate this argument.

 

Shaw threatened by prosecutor

tony_carruthers_tennessee
Tony Carruthers

Shaw was visited and threatened in the jail by Harris, Wilkinson and Roleson just after the Channel 13 report aired, who threatened and intimidated him and said they’d go after him if he did not revert to the original, concocted story.  Later, Harris said that they would not call him as a trial witness for the prosecution, but Carruthers called him as a defense witness. Harris told Shaw before his appearance that he would prosecute Shaw for perjury unless he want back to the agreed testimony.   He did so, recounting conversations with Carruthers which never occurred.  Subsequently Harris’ promises of time served on a number of felonies were carried out.   Shaw still feared retaliation from the prosecutor’s office at the time he gave this statement.

Earley Story in Court March 4th 2019

We saw Earley Story as he started his attempt to clear his record.   Earley Story was also framed with the help of testimony from Alfredo Shaw, who withdrew his testimony in an interview with Phil Campbell of the Memphis Flyer, and was forced by prosecutors to revert to his original bogus story at court.

Here’s our notes from March 4th, Shelby Co. Criminal Court Division 8, Judge Chris Craft.   I am not a shorthander so the quotes only are literal.

09:42 AM.  Earley Story requests records from the previous hearings to be added to the file.
Judge Craft:  Are you going to call witnesses?
Earley Story: No
Judge Craft: Do you know which prosecutor is handling the case?
An unidentified prosecutor stands up.  He does not know who is handling the case.  The case records were destroyed.
The judge told Mr Story to sit down.

12:50 PM.  Earley Story says that the prosecutor’s office filed a response denying all charges.

About 3:00 PM
Earley Story is called to the mic and says he would like a default judgment per his motion.
Earley Story:  On October 29th, when I received this information concerning my innocence, I filed on time and I received no information until January 15th 2019 when I receieved a letter.
Judge Craft: From me.  Where did you get thirty days to respond?
Earley Story:  Tennessee law.
Judge Craft: There is no such limit.
Earley Story:  I believe my motion should have been heard more timely.
Judge Craft:  We have not heard a motion yet.  We need to stay focused on the topic of this motion for default judgment.   Do you understand the process?  I am asking what law says thirty days.   When I ask a question I require an answer.
Earley Story:  55.01 Tennessee Rules for Civil Procedure.  When a party fails to respond within thirty days judgment is by default.   Does that mean you are denying a hearing?
Unidentified Prosecutor:  That rule does not apply in criminal court.   The state denies all allegations.  We supplied Earley Story a copy.  This is hearsay about Alfredo Shaw.   Today we are asking for the motion for default judgment to be dismissed.
Earley Storey mentions his motion for Judge Craft to recuse himself.
Judge Craft:  We don’t change the subject.  We are not supposed to help (pro se litigants).   The state says they filed a response.
Earley Storey:  The response was not timely.   29th October to March is not timely.
Judge Craft:  I am ruling that the writ is defective because there is no certificate of service.  I wrote Earley Storey to come to court February 11th to set the attorney.   Mr Story said he would represent himself pro-se.    I am denying the motion.   Any other motion?
Earley Storey:  Motion for the judge to recuse himself.
Judge Craft: The motion to recuse is not in the jacket.   (Clerk hands him a document).   We can fix that today.
Earley Storey:  I want a response to the motion I filed in the clerk’s office.
Judge Craft: I want to make sure your rights are preserved.   I can’t set a date for a hearing until a motion is in the jacket.
Earley Storey:  I filed a motion for Judge Craft to be disqualified.   Maybe it is in the wrong jacket.
Judge Craft:  I am setting a date of March 21st for report because a motion is not filed.

—-

 

 

Earley Story: Blown Whistler

Earley_Story_H&SEarley Story AKA Earlie Story is a soft-spoken gentleman in his mid sixties with a narrative straight out of a mid-20th century crime drama.

He is a former Sheriff’s Department sergeant and jailer at 201 Poplar, who blew the whistle on abuses at the jail.  He reported a murder and a rape to the NAACP and the FBI, and the job turned on him.

Continue reading “Earley Story: Blown Whistler”

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.

 

 

Me