| July 21, 2009 | Notes from Day 2 of Hardy V. Tupelo | no comments | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| July 21, 2009 | Day 2 - Hardy v. Tupelo | 2 comments | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| July 17, 2009 | Ooops, Stanford case "sealed" docs weren't | no comments | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Combing through my notes from Tuesday's trial, Cliff Hardy v. Tupelo:
Buddy McCarty - Tupelo architect, said he's come to know former TPD Capt. Cliff Hardy as a participant in the Senior Services volunteer program, which he helped Hardy set up.
"Cliff loves and breathes the Police Department," McCarty said.
He also said he got to know then-Deputy Chief Robert Hall, who" wanted to try new things."
Robert Hall – Former TPD deputy chief. (See Wednesday's Daily Journal for the guts of his testimony)
Prior to the Jamison Shells incident – the hit-and-run accident Hall got squeezed by – Hall had never had any accusations of bad conduct, he said.
He also said he got interested in becoming a policeman by watching the TV show, "Adam 12."
About the Shells incident:
Hall said he knew Shells' family from church and knew Shells from after-church basketball games.
He said he found out about the accident – Shells' vehicle struck a child riding a bicycle – when Shells' mother called him. She said her son had runover somebody on the Hwy 45 bypass and pulled over at Hardee's to all 911.
"I said I'd check it out," he said. He called Chief Chaffin and got his permission to check on the situation.
He said he became concerned when he saw that a couple of officers at the scene had complaints against them. Later, Shells complained he was assaulted by them.
He said he was concerned about potential liability to the city and ordered Shells be brought back from the jail and released, knowing more investigation needed to be done. Charges could come later, which is common, he added.
Doyce Deas - former city councilwoman.
Helped organize the October 2006 public forum on racial reconciliation.
She said after Hardy's speech in defense of Hall, she felt it substantiated reports she'd received from other community residents.
Mike Russell – TPD sergeant. Succeeded Hardy as PAL coordinator. "I had very high regard for him," he said of Hardy.
He said he didn't believe Hardy's speech caused a morale problem at TPD.
Katarsha White - new TPD sergeant. Worked with Hardy in Community Oriented Policing. Called him a very fair, good supervisor.
About his speech, she said, "I don't think it changed morale. It was already where it was going to be. I don't think it changed anything."
Anthony Hill – TPD major, Hardy's immediate supervisor. "I had no idea," he answered, about why Hardy's wide-ranging responsibilities were taken away by Chief Chaffin.
About Hardy's speech, he said it didn't affect him one way or the other.
Dr. Priscilla Roth-Wall – clinical psychologist of Tupelo. Diagnosed Hardy as severely depressed with severe anxiety.
She held her ground against city attorney John Hill, who tried to get her to say Hardy was just a paranoid person.
She said no, he was not afraid of everything, just that he was fearful about what had happened to him and what might happen to him – because he had seen what had happened to Hall, when people wanted him out of the way.
Jack Reed Jr. – Tupelo's new mayor. Educated as an attorney. Responded to all questions, every guardedly, as an attorney would. He declined to say he had engineered a job for Robert Hall with CDF, for which Reed was to be president soon.
John Lovorn – owns Tupelo exec search firm, The Pace Group. Was facilitator at 2006 forum, where Hardy spoke. Said attendees voted on top issues of concern: 99 points for hiring of minorities in public schools and city government, 62 points for discrimination in law enforcement/police department. The third-highest issue got 19 points.
He said it was not inappropriate for a police officer to speak at the forum.
"I believe in the First Amendment ... to say what you want to say."
- Come back to "From the Front Row" for other updates and reports from Patsy R. Brumfield. Also read Patsy's Twitter posts at twitter.com/RealNewsQueen or read her on Facebook.
ABERDEEN – Interesting first full day of testimony.
The morning’s impact witness was former City Councilwoman Doyce Deas, a member of the four-person committee appointed to look into allegations of racial bias in employment decisions in Tupelo city government.
Deas testified that she believed plaintiff Cliff Hardy’s speech at an October 2006 racial reconciliation forum was important because she wanted to know what a police insider thought about allegations.
And she told the jury his accusations later were “substantiated” that former Deputy Chief Robert Hall was “mistreated” by TPD, when he was suspended and demoted after he sent a driver home from an accident in which a bicycle-riding youth was injured.
***
Robert Hall took the stand before Deas and told his side of what happened during his involvement with the accident. He also talked about his subsequent job difficulties leading up to his indictment on accusations surrounding his actions related to the accident.
Hall spoke well on his on behalf. Watch for Emily Le Coz’s blog for more on his testimony and Wednesday’s Daily Journal report by both of us.
***
Jim Waide of Tupelo is Cliff Hardy’s lead attorney as Hardy tried to convince the eight-member jury that he was pushed out of his captain’s job as Internal Affairs officer and coordinator of numerous community policing programs. He’s assisted by Shane McLaughlin.
Attorneys for the city are John S. Hill and Berkley Huskison of the Mitchell McNutt & Sams law firm.
Huskison may not be aware of it, but he has addressed the two black men to testify today by their first names – Robert and Anthony, while he addressed Sgt. Michael Russell, a white man, as “Sergeant” and did not call by name Katarsha White, a new police sergeant who once worked with Hardy.
Hill, who questioned Deas, called her “Mrs. Deas.”
Howdy, NEMS360.com readers. It’s Day 1 for “From the Front Row,” my periodic blog about stuff I’ve run across in the course of my Daily Journal comings and goings. Today, it’s about how even the best of us can mess up. You may have seen my story about Sir R. Allen Stanford’s attorney’s sealed motion to the U.S. District Court in the Southern District of Texas. My professional guess is that the motion asks the court for immediate financial relief to Stanford’s high-powered attorney or the attorney is going to have to spend his time with paid customers. This assumption comes from the fact that the sealed motion had an exhibit attached. I clicked on the exhibit, printed it and discovered a series of letters between Stanford’s attorney and insurance carriers about using Stanford insurance policies or Stanford Financial Group policies to help pay the legal bills. Stanford had signed over a $5-million Lloyds of London policy to the attorney, who told him that amount probably wouldn’t be enough. Ultimately, the underwriters said the court-appointed receiver said the value from these policies are “assets,” thus frozen by the court and not available to pay legal fees – until the court says to do so. Very interesting.
Anyway, as is my custom most of the time, I dashed to NEMS360.com and posted the story. Twitter and Facebook, too. I also dispatched an e-mail to the attorney, asking if he intended to withdraw.
He responded, “Not yet.” And so I asked a couple other minor questions.
Four hours and six minutes after the story went up on NEMS360.com, I got a call from the attorney’s assistant. She was a little bit ruffled about how I acquired the documents, since they were supposed to be sealed. And anyway, why didn’t I call somebody about that?
Lady, I don’t have ESP, I said somewhat politely.
She asked me to call the court in Houston, which I was happy to do, after explaining to my boss, Mike Tonos, what had happened.
The poor woman on the other end of the conversation in Houston sounded completely distraught to know all the stuff had gone throughout the Cyber Universe. I told her I was very sorry, which I am, for whatever repercussions may occur from writing about the exhibit.
I’ve made bad mistakes, too. They just never feel very good, especially when you can’t do anything about them.
Guess we’ll see how this all plays out. Stay tuned to “From the Front Row” for developments and to NEMS360.com for my other reports.
You also can find me on Twitter as RealNewsQueen and as myself on Facebook.
I’ll try never to waste your time.
– PRB 7/17/09