I have mixed opinions as to why this judge made this controversial ruling. I don't know the particulars surrounding his position, whether or not he is appointed or elected to his position. I do know this though, that factor could directly affect the direction his career takes from this point. If he is elected to his seat on the bench. After a move like this one,he can run for mayor now. He has suddenly become like the "underdogs" hero. But if he is appointed, his career will never extend beyond the Crittenden county line. Especially in the state of Arkansas. He can't be trusted by his counterparts. He could accomplish more as an insider than he can outside the loop. Which due to his latest actions, he is right now. Judges don't publicly disregard the rulings of other judges based on their personal feelings. Victor Hill obviously has an ax to grind. This judge wrote an eight page decision, making some pretty prejudice remarks. That could explain his actions though. He may have aspirations of bigger things outside Arkansas. There may never be another case in West Memphis with the potential for this much national exposure. One thing for sure,his ruling alone has temporarily kept this case alive.At first I thought other blacks may have gotten to him and made him feel guilty. For not speaking out on behalf of the other victimized blacks who weren't as fortunate as him. "Forget about your education and hard work, don't be a puppet for the white man." I can hear the NOI Muslims now. They have taken a particular interest in this case. Then I read what he had to say in his eight page written decision. At that point I began to question his impartiality as a judge. This man isn't dumb by a long shot, he holds a law degree. At some point he passed the state bar. He had to know how his comments would sound. I would have to think that he doesn't really care. Any case he sits on, past or future that involves a white person is now in question.
It's ironic though, that the judge's comments are the same as people who don't deal with the facts. This situation is not an even swap, no swindle . You can't answer one miscarriage of justice by commiting another. In light of the present mindset that seems to be sweeping the country among blacks. Stand with those who look like you, whether they be right or wrong. I looked at the country's response to the Jena 6 incident. I was surprised at how some people I know, viewed the situation. Could Judge Hill be taking advantage of this unfortunate occurrence like everybody else that seems to be involved in this case? Are his motives conscious or crafty?
Grand jury may get Farrow case
ReplyDeleteProsecutor appeals circuit judge's order, which suggests race factored into decision
By Jody Callahan
Friday, November 30, 2007
A controversial Arkansas judge has ordered a grand jury to investigate the shooting death of a 12-year-old boy by a West Memphis police officer.
However, special prosecutor H.G. Foster of Conway, Ark., who is overseeing the state investigation into the shooting, has asked the Arkansas Supreme Court to overturn Crittenden County Circuit Court Judge Victor Hill's order.
DeAuntae Farrow's cousin told officers his cousin did have a toy gun when he was shot. Watch »
Interview with Sgt. Erik Sammis
July 23, 2007 investigation interview with Sgt. Erik Sammis
Order to impanel a special grand
No indictment in W. Memphis
W. Memphis officers cleared
No decision on that appeal has been announced.
Hill issued his order on Monday, suggesting that a grand jury be convened next month.
Grand juries of this type are exceedingly rare in this area of Arkansas, legal officials said. A grand jury was never called during the infamous West Memphis Three murder case in 1993.
In his order, Hill cites a need for fairness, but also spends much of the eight pages laying out a racial motivation for his decision.
"There have been those persons in positions of responsibility and authority who have made it known that they have only disdain for the rights of blacks and the authority of the sole black judge in the district," wrote Hill, referring to himself.
"... Our judicial system generally places a higher premium on the lives and property of whites than on those of blacks."
In a letter last week, the Memphis chapter of Rev. Al Sharpton's National Action Network asked Hill to convene a grand jury. The organization calls the shooting a case of murder.
Hill's order is the latest twist in the case that began June 22, when West Memphis officers Sgt. Erik Sammis and Patrolman Jimmy Evans parked outside a convenience store, acting on a tip that a robbery was planned.
DeAuntae Farrow and his cousin, Unseld Nance, were walking near the Steeplechase Apartments when Sammis and Evans spotted the pair. Sammis, later saying he thought the toy pistol DeAuntae was holding was a real gun, fired two shots, hitting the boy in the chest and leg.
Subsequent investigations by both the Arkansas State Police and the U.S. Department of Justice effectively cleared Sammis and Evans of any wrongdoing. The Farrow family has filed a $125 million civil lawsuit in the case.
In his "writ of prohibition," Foster says Hill's court is not currently empowered to hear criminal cases, only civil ones. It also says Hill's order would grant two investigative bodies authority over the case, with the grand jury joining Foster's investigation.
Foster also warns that Hill's racial motivations could be problematic.
"The order signed appears to actually state a racial basis for the call of the grand jury and this could prove a further fatal defect ...," the writ states.
In his order, Hill also cites the May 2000 case of Leo Cavallaro Jr., a white motorist who died after being assaulted by black Edmondson, Ark., police officer David Turner during a traffic stop. Charged with second-degree murder, Turner was convicted of manslaughter in a second trial and sentenced to 10 years. His first trial ended in a hung jury.
"A panel of Crittenden County citizens, on two separate occasions, had the opportunity to pass upon the conduct of a black officer," wrote Hill, who didn't respond to an interview request Thursday. "In stark contrast to the (Cavallaro) case, it appears that every mechanism allowed by law has been interposed to prevent the officer in the (Farrow) case from answering to a panel of Crittenden County citizens about the propriety or impropriety of his actions."
Hill, who was elected in 2000, goes on to quote historical figures such as "Russian poet and dissident Yevgeny Yevteshenko," Dr. Martin Luther King Jr., Marian Wright Edelman and a pair of judges.
West Memphis Police Chief Bob Paudert said he was astonished after reading the order.
"To be quite honest, I've never seen one like that in my 41 years in front of the court. I was really surprised by it. It doesn't read like a court order. It reads more like someone who is bitter and trying to voice concerns to everybody," Paudert said.
Even Jay Bailey, the attorney representing the Farrow family, called the order unique.
"I will grant you this: It is uncommon for this type of order. But it's not uncommon for legal opinions," said Bailey, adding that he was "elated" at Hill's order.
Hill also referenced a feud with West Memphis Asst. Police Chief Mike Allen, saying Allen "has filed a series of frivolous and racially motivated complaints against the only black circuit judge."
Allen filed a judicial ethics complaint against Hill in 2002 after the judge released a twice-convicted drug dealer from jail on his own recognizance. Hill's order also references three other complaints filed against him.
Allen didn't respond to phone calls, but Paudert defended him.
"I can say that Mike Allen is not a racist. I've known him now for nine years, and he's absolutely not a racist," Paudert said. "It looks to me from reading (Hill's order) that the racial problems are on the other side. Mike Allen treats everybody with respect and dignity regardless of color."
- Jody Callahan: 529-6531
The reasoning
Excerpts from Judge Victor L. Hill's order convening a grand jury to investigate the police shooting of DeAuntae Farrow:
". . . the white officer approached the black citizen, who, from all accounts, was where he had every right to be, doing what he had every right to be doing, and the black citizen wound up dead. ... it appears every mechanism allowed by law has been interposed to prevent the officer ... from answering to a panel of Crittenden County citizens about the propriety or impropriety of his actions."
"As events in Crittenden County have shown, the ideal is far from reality. If it were the reality, Officer Sammis would have been placed before a panel of Crittenden County citizens, just as Officer Turner was. They would have had the evidence placed before them and they would have passed upon the presence or absence of criminal liability on Officer Sammis' part, just as happened in Officer Turner's case, and, the court believes, just as would have happened here if the officer were black and the child killed were white."
He need his homies now
ReplyDeleteCourt Halts Farrow Grand Jury; Heated Comments by Police Chief
ReplyDeleteSupreme court halts special grand jury in DeAunta Farrow case for now
Watch the RAW heated interview with police chief in the video player to the right
One of the officers is back on the job
(West Memphis, Arkansas 12/5/07) The Arkansas High Court has temporarily stopped a Circuit Court Judge's order to call a special grand jury to investigate the shooting death of a West Memphis boy.
12 year old DeAunta Farrow was shot and killed the night of June 22nd. Sergeant Erik Sammis pulled the trigger, saying he thought the boy had a gun and his life was in danger. The gun turned out to be a toy pistol.
After being cleared by the Police Department's Internal Affairs Board West Memphis Police Oficer Jimmy Evans went back to work Wednesday. West Memphis Police Chief Bob Paudert says, "He's a good police officer and he's got a family that's suffered greatly so does Erik Sammis and I'm going to do all I can to help them through." Four separate government agencies cleared the West Memphis police officers of any wrongdoing. Even so an Arkansas Circuit Court judge filed a racially charged order last week requesting a special grand jury investigate the case. Something Chief Paudert talked candidly about for the first time, "If I were to put something out like that I would have to answer for it and just because he's a circuit court judge doesn't exempt him doesn't give him the authority to say anything he wants to say about people."
The order not only calls the West Memphis Police Department and it's Assistant Chief racist, accusing them of having no respect for the rights of blacks. In the order, Judge Hill goes on say "It doesn't matter to me that my efforts upset some people. I would suggest to them that they get over it or move someplace where there are no black people." To that Chief Paudert says this, "Judge Hill is not afraid to say that in a court document, if you don't like it move to where there are not black people. My God, if I said that if you don't like what we're doing move out where there's no white people. I mean all of this has just gotten out of hand. I am disturbed that a man would a judge in his position would say something like that and it's frightening to think that a man in that position has that thought."
We tried to get in touch with Judge Hill and were told he was not in the office that he was in court but he would return our calls.
AR Supreme Court Says No Extra Grand Jury for West Memphis Shooting
ReplyDeleteLast Update: 9:29 am
LITTLE ROCK (AP) -- The Arkansas Supreme Court says a Crittenden County judge does not have the authority to call a special grand jury to investigate the shooting death, by police, of a West Memphis boy.
Judge Victor Hill wanted a special grand jury to investigate last year's death of DeAunta Farrow.
Special prosecutors handling the case objected. They said their investigation was still open and that it was inappropriate for the court to conduct its own probe simultaneously. The Supreme Court agreed, leaving the case to the prosecutors.
Farrow, 12, died after he was shot June 22 by a West Memphis police officer who said he thought the boy was carrying a gun and refused to obey orders to halt. Police were on a stakeout at an apartment complex near where the child was playing.
(Copyright 2008 by The Associated Press. All Rights Reserved.)
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