Alabama Politics in
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NOTE: Sen. Hank Sanders has written a weekly column for papers in his legislative district for the past twenty years. These rural, weekly papers lack a web presence, and therefore a link to the publication is not available. The column below is provided by Sen. Sanders’ office for inclusion in the Daily News Digest.

Senate Sketches # 1056

By

Senator Hank Sanders

**************

I want to tell you a scary story. Once upon a time, a lawyer enters into a courtroom on another case. She sees a young Black man on trial. In her perception, it’s clearly a case where a lawyer should have been appointed because the defendant is indigent and already on probation. Any conviction will result in jail or prison time.

The lawyer asks the mother of the defendant if she can represent her son. The mother enthusiastically says “Please do.” Since the trial is already in progress, the lawyer approaches the chief Judge, explains the situation and asks permission to represent the defendant. The judge gives permission since the prosecutor has no objections.

When the prosecutor finishes examining the policeman that is testifying, the lawyer immediately cross examines the witness. When she finishes the cross examination, the prosecution rests. The judge immediately finds the defendant not guilty on one charge. The policeman expresses great disapproval through his body language. Seemingly in response, the judge rushes to pronounce the defendant guilty on two other charges.

The lawyer strongly objects, pointing out that the defendant did not have any opportunity to put on any defense - to testify himself, or call other witnesses. The judge announces that she has already ruled. The lawyer argues that even Sadaam Hussein of Iraq had a chance to testify and put on a defense.

The chief judge, in recognition that her position is untenable, pronounces, “I will give you five minutes to present your case.” The lawyer objects on the grounds that no five minute or any other time limitation was placed on the prosecutor.

Arguments about constitutional rights grow vigorous. The judge tells the lawyer to get out of her court. The lawyer, her client still standing before the judge, refuses. The judge does not cite the lawyer for contempt or anything else.

The judge is White. The attorney is Black. Two Black police officers are standing on either side of the attorney. Jim Crowe, a White policeman, without any directive from the judge, comes from out of nowhere and directs the attorney to leave the court. When she does not, he handcuffs her and takes her out of the courtroom. She goes peacefully.

The policeman charges the attorney with disorderly conduct allegedly for arguing the case too loudly and refusing to obey his order. The attorney asks to call her attorney, who is also her husband. She is told that she cannot call anyone. She is fingerprinted and booked.

Outside the presence of the attorney and the defendant, the judge imposes sentences in both cases. The probation hold immediately sends the defendant to jail. The attorney gets out of jail and tries desperately to get the defendant out of jail. She calls the Mayor. He, having appointed the chief judge, refuses saying, “You are my worst enemy.” The attorney tries to appeal the defendant’s convictions. The magistrate will not accept the appeal.

After great effort, the attorney finally gets the defendant out of jail. Seemingly under pressure, the poor defendant sends a typewritten certified letter firing the attorney.

When the cases against the attorney come up, the judge cannot hear them and the prosecutor cannot prosecute them because they are both witnesses. The Mayor, who had said to the attorney, “You are my worst enemy,” appoints a new judge and prosecutor. He hides the identity of the judge because she is the lawyer for the police department of a large city and had previously sentenced the attorney’s son, a young Black lawyer only months out of Harvard Law School, to four months in jail as a special judge in this same court. The police had beat him up but falsely charged that he beat them up.

The four month sentence of the attorney’s son was eventually set aside and a jury of 12 White and Black citizens renders a $310,000 verdict against the policemen. At the civil trial, a policeman testified that the written statement attributed to him that wrongly accused the son was forged by other policemen. The Mayor refuses to investigate the forgery.

After strong objections to this particular judge, she gets out of the case. Then the Mayor picks another judge and hides the identity. Key witnesses under subpoenas, including the defendant, his mother, and a policeman refuse to show up for the trial. The hand picked judge goes ahead with the trial anyway. Witness after witness testifies that the chief judge found the defendant guilty without a chance to put on his defense. The judge expresses how deeply troubled he is about how the chief judge’s court was conducted but finds the attorney guilty of disorderly conduct and failure to obey a police officer.

These arguments fall on deaf ears: a lawyer has a duty to vigorously represent a client; only a judge can order the arrest of an attorney standing before the court; and no policeman, on his own, can arrest a lawyer standing before the court with her client.

I wish this scary story was fiction, but it’s a real life story. The place is Selma, Alabama. The defendant is Roosevelt Cleveland. The judge is Valerie Chittom. The Mayor is James Perkins, Jr, the first African American Mayor of Selma. The lawyer is Faya Rose Toure’, my wife.

Now on to the Daily Diary.

Saturday - I traveled 190 miles roundtrip to Epes, AL to participate in the Federation of Southern Cooperatives Fortieth Annual Meeting and Celebration. I talked to leaders from across Alabama and the South including: Alice and George Paris of Tuskegee; Wendell Paris of Jackson, MS; Woodrow Keown of Arkansas; Daniel Bustamante of Texas; Ralph Paige of Atlanta; and Mayor Carrie Fulgham of Gainesville. I returned to Selma to work.

Sunday - I did Radio Sunday School , Radio Education, and Sunday Review. Faya Rose and I discussed community issues with Fannie and Bobby McKenzie over Sunday Dinner. I talked to several leaders on various issues including Dallas County Probate Judge Kim Ballard about a train derailment. I worked until 11:00 p.m.

Monday - I talked with the following: Deacon Essix Watters of Dallas County; Deacon Matthew Williams of Selma; Mosses Mayor William Scott; former Circuit Judge J. C. Norton of Dallas County; Consultant Rick Heartsill of Birmingham; businessman Rick Graham of Gardendale; Greene County School Board member Lester Brown; Dallas County School Superintendent Dr. Fannie McKenzie; and Lowndes County Administrator Jackie Thomas. I traveled to and from Greene County and worked into the night.

Tuesday - I was in Birmingham by 8:30 a.m., in Hayneville by 1:00 p.m., and back in Selma by 3:00 p.m. I talked to many persons including the following: White Hall Mayor John Jackson; Bob Mants of Lowndes County; Mayor of Evergreen, Larry Fluker; Lobbyist Don Gilbert; Senator E. B. McClain; Gus Towns of Montgomery: Eileen Jones of WSFA TV News; Ginger Avery Buckner of the Alabama Association for Justice; Attorney Kevin Clark of Birmingham; and Attorney Joe Espy of Montgomery. I worked into the night .

Wednesday - I talked individually with Senators Hinton Mitchem, Lowell Barron, Zeb Little, and Roger Bedford. I participated in the political trial of Faya Rose Toure’, also known as Rose Mary Sanders. I also talked with the following: Dr. Carol P. Zippert and other leaders of Alabama New South Coalition (ANSC); Dr. James Mitchell of Wallace Community College; retired Judge J. C. Norton of Dallas County; and others. I talked about the trial over lunch with one group of leaders and dinner with another. I also talked with the following media representatives: George McDonald of Channel 8 News; Phil Rawls of the Associated Press; and Victor Inge of the Selma Times Journal. I worked into the night.

Thursday - I began writing Sketches and talked with the following: Selma businesswoman Yvonne Thomas; Don Gilbert; Sharon Wheeler of the Senate President’s Pro Tem Office; Greg Griffin of the Pardons and Parole Board; LaKeshia Bonner of the Selma times Journal; Commissioner of Agriculture & Industries Ron Sparks; Gus Towns; Charles Allan Walker of Jefferson County; my assistants, Khadijah Ishaq and Ola Morrow on several matters; Hadijah Stephens; and Joyce Bigbee of the Legislative Fiscal Office (LFO).

Friday - I worked on Sketches and talked to the following: Senator Zeb Little; Lorraine Capers of Selma; Sharon Calhoun about volunteer fire departments; Minister Ada Phillips of Marengo County; Lieutenant Governor Jin Folsom, Jr; Juanita waters of Conecuh County; Sadie Moss of McRae Learning Center; Deborah Howard of Selma; Senator Vivian Davis Figures; Collins Pettaway, Jr., of Selma; businessman Huntley Betts of Huntsville; and Judge John England of Tuscaloosa. I had a conference call with Representative Richard Lindsey, Joyce Bigbee, Norris Green, and Deborah Kennedy on bond issue. I made remarks at Tarana Burke’s going away gathering and a presentation at Mt. Ararat Baptist Church during the celebration for Rev. Farrio Brown. I worked into the night.

EPILOGUE - It is said that truth is sometimes stranger than fiction. This story sounds like the movie, And Justice For All. I truly wish this real story from Selma, Alabama, the birthplace of the Voting Rights Act were fiction. It would not be nearly so scary.

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