February 2016 Team Luther Wright, Jr., Captain Charles Grant, liaison Susan Neal Dickerson Jimmie Lynn Ramsaur Ashley Romanis Alexis Soler Bill Young Rob McGuire Sara Reynolds Justin Seamon Clayton Wiggins "Please tell all the young mens to try hard and not to go to prison for my sakes." -- April 1944 Born: 1911 (Chattanooga, Tennessee) Age at arrest: 20 Years in confinement: 12 Released: November 1943 (paroled) "Sorry about my last letter -- hope it didn't make you angry. Didn't mean any harm whatever. only telling you how I felt towards you and what's more I could not help it." -- Letter to the International Labor Defense apologizing for a frustrated outburst, December 1936 Born: 1918 Age at arrest: 13 Years in confinement: 6 Released: July 1937 (state dropped charges) "I'd rather die than spend another day in jail for something I didn't do." -- after getting 75 years, rather than the requested death sentence, January 24, 1936 Born: 1913 (Elberton, Georgia) Age at arrest: 18 Years in confinement: 16 Escaped to Michigan in July 1947 Hometown: Georgia Age at arrest: 19 Years Old Years in confinement: Approx. 15 Years Number of trials/convictions: Sentenced 3 times to death Hometown: Columbus, GA Age at arrest: 16 Years Old Years in confinement: Over 6 Years Number of trials/convictions: 1 Hometown: Monroe, GA Age at arrest: 17 Years Old Years in confinement: Over 6 Years Number of trials/convictions: 1 Born: 1916 near Atlanta, GA Age at arrest: 15 (about one year after Powell left home) Years in confinement: 15 Released on parole: June 1946. Born: 1912 in Chattanooga, TN Age at arrest: 19. Years in confinement: 19 Released: January 1944. Died: 1959. Born: 1918 Age at arrest: 13. Roy was just 13 when he left home with older brother to look for work. Years in confinement: 6 Release on parole:. July 1937. Died: 1959. My dearest workers I receive your letter and was glad to here from you all and all so the money and I will be glad when I can be abll to see you all and when you here from mother tell I say hurry up I want to see her bad and all so your all so I will clos my letter but not be hard amis you. My dear mother: I received you letter and was glad to hear from you it found me well and getting along just fine and I do hope when these few lines are yours they will fine you and all OK. now mather Mr. Chamlee was here Sunday to see us and mather since the people of the I.L.D. are going to give you all a little Money to buy us our Christmas I am sending you a list of what want you I to bring me to bring me when you came. and if they don't do that I do hope that you will be able to get much of this as you can. Because last Christmas I didn't have nothing wurth a dime and I do hope to enjoy this one the best way possiable. and don't forget to brang that Belt and brang little sister with you to so I will close now this is what I want you to brang me 1 coconut 2 nice cakes chocolate and coconut. I pond of mix nuts a dozen of apples a dozen of oranges a dozen of bananas. And candy. 3 blocks of grape chewing gum. 2 pairs of socks. And some cheese. and some fried rabbit and sausage. and some fried potato pies. and some sauce meat. and some rex-all tooth paste and some stamps envelopes and tablet. Dear Anna Just a few lines to let you hear from me this leave me worried. Listen Anna I Want me a six string guitar and I want it rite now please. Listen take all of my $8.00 and get me a six string guitar of course I will need a few smokes but I will do without out. Because I want me a six string guitar and must have one. I want to make some recards I coud make at least one recard here in jail. You all want do nothing to help me. I wrote you and Begged you like a dog to send me one and you wouldn’t even answer my letter. But that’s alright. Just take my next $8.00 and get me one. Don’t get such a large one if you can help it. You can get some small six string guitars and send it rite away please I need it. If I live I am going to Be the Blues king. I want to surprise every Body some day. Anna please don’t wait a munit send it rite on to me so I can Be practuceing on these too songs that I have made up oh well it wont seem like I am ever going to get a trial. Well maybe my chance will come some day. I am going to loose my mind thinking about a guitar oh well I will look for it by Friday. Yours very truly Dear Mr. Walter White, My dear Friend: Just a few lines to let you hear from me. This leaves me well and I truly hope when these few lines reach your kind hands they will find all well and doing fine. Now, Mr. White listen here. It has been sometime since I have gotten a letter from you But I want you to know that I am depending on you to fight my case. The I.L.D. is trying to get us but I think that you can do us more good than they can. Mr. Beddow was down here to see us a few days ago and I wrote my mother and told her that I had more confidence in you all than I have in them. I would like to hear from you sometime. I am looking for a answer soon. Dear Mr. Geo Maurer: I will write you a few lines to let you hear from me, I am well and I hope when this reaches you, that it will find you the same. I wrote you a letter and would like to know if you got it. I would like for you to stop Mr. Walter White from butting in my case for I don’t want him to have my case for he gots a run talls people that he had taken my case but I dont want him. I want you all to take my case, the I.L.D., for you all had my case first and I want you to keep my case for me please. My dear frend Mr. Roy i get your letters tow day and was glad tow from you Mr. Roy When Mr White Was here tow see Us Boys I told him that i Want him tow have my case and if you don't take the case i Will all Way Say that i Want you all tow have it i know Who i Want tow have My Case and i am Sorry if you think i don't know Who I Want Mr Roy it looks like you cood take Us 4 boys and let the other Boys go With the ILD and any way My annt wants You all tow have it and i do tow Well Mr Roy i Will Say I am Sorry that you all did take Us 4 Boys pies take it the ILD ink Wright i see it now Well Mr Roy i Will Say that i Want You all So Right Soon Mr. J. Louis Engdahl, Dear Sir: While sitting all alone in prison i thought I’ll express you a few lines to let you here from us boys. We all are well and hoping to be free soon and also hoping you all will remain in fighting for us boys. Mr. Engdahl I am ask you a question and i would like for you to answer it in your write, and here it’s are. Have you all got Mr. Darrow to fighting for us boys. The reason why I ask you that becost I heard that Mr. Clance Darrow was going to fighting for us boys, and i would like to know if possible becost i am innocent, as innocent as the tiny mite of life just beginning to stir beneath my heart. Honest Mr. Engdahl, i" haven’t did anything to be imprisonment like this. And all of the boys send their best regards to you all and best wishes. So I would appreciate an interview at your earliest convenience. Very truly yours Norris was the second Supreme Court case arising from the Scottsboro incident Norris moved to quash the indictment based on lack of black jurors Trial court denied the motion, Appellate Courts upheld The Supreme Court held that the systematic exclusion of black jurors from the jury venire (both grand jury and trial jury) violated Clarence Norris’ rights under the Equal Protection Clause of the Constitution 8-0 decision authored by Chief Justice Hughes (Justice McReynolds did not participate) Companion case decided on the same day Patterson v. Alabama, 294 U.S. 600 (1935) The Court quashed the indictment for three reasons: 1. The purposeful exclusion of black jurors violates the Equal Protection Clause 2. Norris made a prima facie case that there were scores of qualified black jurors 3. Testimony revealed fraud and blatant racism I do not know of any negro in Morgan County over twenty-one and under sixty-five who is generally reputed to be honest and intelligent and who is esteemed in the community for his integrity, good character and sound judgment, who is not an habitual drunkard, who isn't afflicted with a permanent disease or physical weakness which would render him unfit to discharge the duties of a juror, and who can read English, and who has never been convicted of a crime involving moral turpitude. Appeal by three defendants (Ozie Powell, Haywood Patterson and Charlie Weems) The State requested a severance and the defendants were tried in three separate groups. Each of the three trials were completed within a day. The defendants were found guilty and sentenced to death. Record does not reveal counsel was appointed for the defendants. The issue addressed by the Supreme Court in Powell was whether the defendants were denied the right of counsel, with the accustomed incidents of consultation and opportunity of preparation for trial. Supreme Court concluded that the Sixth Amendment to the United States Constitution, stating accused has right “to have the Assistance of Counsel for his defense”, required defendants to have counsel appointed in these cases. “. . . Attorneys are officers of the court, and are bound to render service when required by such an appointment . . . The United States by statute and every state in the Union by express provision of law, or by the determination of its courts, make it the duty of the trial judge, where the accused is unable to employ counsel, to appoint counsel for him. In most states the rule applies broadly to all criminal prosecutions, in others it is limited to the more serious crimes, and in a very limited number, to capitol cases. A rule adopted with such unanimous accord reflects, if it does not establish the inherent right to have counsel appointed at least in cases like the present, and leads convincing support to the conclusion we have reached as to the fundamental nature of the right.” Appointment/Indigent §§ 40-14-201 et seq. Defense Fund---T.C.A. Tennessee Public Defenders---T.C.A. §§ 8-14201 et seq. Federal Public Defenders and Panel Attorneys--18 U.S.C. § 3006A (Criminal Justice Act) Defender Commission for T.C.A. §§ 40-30-201 et seq. Capitol Cases--- Number of death sentences: 220 Death sentence overturned: 97 Conviction and death sentence overturned: 29 Death sentence never finally reviewed due to defendant’s death in prison: 26 Death sentence carried out: 6 Percentage of death sentences overturned by the courts: 126 of 220 (57%) Death penalty replaced extralegal lynching and other forms of racial violence 1877 to 1950: five times more blacks were lynched in Shelby Co. than in Davidson Co. Death sentences: 76 (36% of all TN death sentences) Almost twice as many blacks than whites received the death penalty 2000 Census: 49% black, 48% white Eyewitness misidentification (72%) Improper Forensics (47%) False Confessions/Admissions (27%) Informants/Snitches (15%) Prosecutor misconduct/Brady violations and ineffective assistance of counsel play a role in virtually every wrongful conviction Crime: October 2, 1983 in Memphis, TN Trial: December 2 to 7, 1985 before an all-white jury Death sentence overturned (due to Brady) and resentenced to life in prison: 2004 Conviction vacated: December 9, 2011 Released: June 1, 2012 Nearly 28 years incarcerated, including almost 20 years on death row Jimmie Lynn Ramsaur Rob McGuire Terry Maroney Ndume Olatushani Moderator: Luther Wright, Jr.