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  1. #1
    MathiasOfAthens's Avatar Comes Rei Militaris
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    Default Race card defense

    http://www.cnn.com/2009/CRIME/11/19/...ef=igoogle_cnn

    Kennett, Missouri (CNN) -- This much isn't in dispute: Heather Ellis cut in line at a Wal-Mart nearly three years ago.
    But the accounts of what happened next vary, depending on whom you ask -- and has divided this economically struggling Missouri town of 11,000 along racial lines.
    Ellis, then a college student with no criminal history, said some white patrons shoved and hurled racial slurs at her when she switched checkout lines at Wal-Mart in January 2007.
    Store employees refused to give her back her change and called police, she said.
    And when she was taken outside to the parking lot, an officer allegedly told her to "Go back to the ghetto." Another roughed her up, she said.
    Witnesses and police offer a different take: Ellis was belligerent, shoving merchandise belonging to another customer to make way for hers on the conveyor belt, kicking one officer in the shin and splitting another's lip.
    A Dunklin County Circuit Court jury heard from the prosecution and defense as Ellis' felony trial got under way Wednesday.
    Spoiler Alert, click show to read: 
    Ellis -- who is charged with assaulting police officers, resisting arrest and disturbing the peace -- could face up to 15 years in prison if convicted.
    A verdict could come as early as Thursday.
    Officials with the American Civil Liberties Union and Southern Christian Leadership Conference said the case is indicative of racial bias in the town, where 13 percent of the population is African-American.
    Kennett, the hometown of singer Sheryl Crow in the southeastern corner of Missouri, has struggled economically.
    Black and Hispanic residents have long complained about the predominantly white police department unfairly profiling them during traffic stops.
    When Ellis' supporters held a peaceful rally in June, officers found business cards scattered along the route that read: "You have been paid a social visit by the Knights of the Ku Klux Klan. The next visit will not be social."
    During another rally Monday, a handful of opponents stood on the sidelines waving Confederate flags.
    "I know it's racism. It's blatant, overt racism," said Ellis' father, the Rev. Nathaniel Ellis.
    Her attorney, however, has not brought up race as a contributing factor in the case.
    "I'm not going to go there," Scott Rosenblum said. "It's up to the prosecutor to decide to prosecute the case that the police investigate and present to them."
    At the time, Ellis was a pre-med student at Xavier University in New Orleans, Louisiana.
    She was home visiting relatives when she made a trip to Wal-Mart on January 6, 2007, to pick up some items for her mother. Ellis' 15-year-old cousin was with her.
    After selecting their items, the two stood in different checkout lines. Noticing that her cousin's line was moving faster, Ellis cut in next to him, angering other customers.
    In the arguments that followed, Ellis yelled so loudly that employees in the back of the store could hear her, prosecutor Morley Swingle said during his opening statements Wednesday.
    Ellis "went ballistic in a profane tirade," he said.
    When police arrived to remove her from the store, Ellis confronted them with the "worst kind of cussing imaginable," Swingle said.
    "If you arrest me, I will kick your [expletive]," Ellis told one officer, according to the prosecutor.
    She repeatedly kicked one officer in the shin and another in the face, police said.
    "I ain't going nowhere until I get my [expletive] change back," Ellis told officers, according to a police incident report.
    "She resisted arrest, kicked her feet and stiffened her body" when officers tried to put her in the police cruiser, the report said.
    Customer Teresa Kinder testified that Ellis shoved her items back on the checkout conveyor belt to make room for her own. When Kinder protested, Ellis allegedly threatened her with violence.
    For his part, defense attorney Rosenblum described the incident as an unjustified assault on his client.
    When Ellis tried to seek help from the cashier and a store manager during the arguments, "her voice was not heard," he said.
    Store employees treated Ellis with indifference, Rosenblum said, and officers taunted her by asking her to "Go back to the ghetto."
    Ellis told the ACLU that officers addressed her "with a series of racial remarks that included the N-word and everything you can imagine."
    She said the Wal-Mart cashier asked for her ID card, even though she was paying in cash, and refused to give back her change.
    Five store cameras apparently captured Ellis' movements from the checkout line to the parking lot, where the alleged physical confrontation with police took place. But the store has not made the tapes public.
    An ACLU official who viewed the footage called it "inconclusive." It captures the incident from one angle and shows a mass of people moving toward the police car after the initial confrontation, which wasn't caught on tape.
    "When you read the probable cause affidavit here, quite frankly, it does sound like she's out of control," legal analyst Lisa Bloom said. "There are five police officers. They're all saying the same thing. There are at least four other witnesses within the Wal-Mart store. They're all saying the same thing.
    "She has a completely different version of the facts," Bloom added. "She feels that she was treated differently; it was on account of her race. It's in a racially charged community. And these charges are being blown out of proportion, so she's facing 15 years behind bars for an incident that began with cutting in line. ... I think there's good reason to think there are some racial allegations here."
    Now a 24-year-old schoolteacher, Ellis is engaged to a state trooper. She has not spoken publicly to reporters about her case, saying she has been instructed not to do so.
    "I wish I could, but I can't," she said leaving the courtroom Wednesday.
    Two years ago, prosecutors offered a plea deal under which she would receive probation if she dropped her complaint against the police.
    "She decided not to sign it, because she was taught to never admit guilt when you're innocent," her father said. "We plan to fight it as we have. We're marching on."
    This report incorporates comments and information that previously aired on CNN's "Anderson Cooper 360°" and HLN's "Issues With Jane Velez-Mitchell."


    Race card as a defense. according to police report and several witnesses race was not an issue and she violently attacked customers and officers.

    I havnt seen the video yet, so Im posting it before I view it. This is from youtube but its the same video shown on the link I posted above.
    Spoiler Alert, click show to read: 
    Last edited by MathiasOfAthens; November 20, 2009 at 07:33 AM.

  2. #2

    Default Re: Race card defense

    That community is in for an interesting ride.
    One thing is for certain: the more profoundly baffled you have been in your life, the more open your mind becomes to new ideas.
    -Neil deGrasse Tyson

    Let's think the unthinkable, let's do the undoable. Let us prepare to grapple with the ineffable itself, and see if we may not eff it after all.

  3. #3

    Default Re: Race card defense

    First women in the military, then black women in the military, then Muslim men in the military and now common civilian.

    Is there a current trend at TWC to make anything about a minority oppressing the majority through unfair privileges?
    "Sebaceans once had a god called Djancaz-Bru. Six worlds prayed to her. They built her temples, conquered planets. And yet one day she rose up and destroyed all six worlds. And when the last warrior was dying, he said, 'We gave you everything, why did you destroy us?' And she looked down upon him and she whispered, 'Because I can.' "
    Mangalore Design

  4. #4

    Default Re: Race card defense

    Quote Originally Posted by Mangalore View Post
    First women in the military, then black women in the military, then Muslim men in the military and now common civilian.

    Is there a current trend at TWC to make anything about a minority oppressing the majority through unfair privileges?
    It took you til the fourth to realize?
    One thing is for certain: the more profoundly baffled you have been in your life, the more open your mind becomes to new ideas.
    -Neil deGrasse Tyson

    Let's think the unthinkable, let's do the undoable. Let us prepare to grapple with the ineffable itself, and see if we may not eff it after all.

  5. #5

    Default Re: Race card defense

    Seems to be a not untypical situation that would normally be resolved through mediaition by a store manager. For this to develop into what appears to be felony charges requires some sort of answer, and the OP does not provide one.

    15 years,eh? You wouldn't get that for manslaughter in many parts of the world.

    Something seems to be missing from the account, as always with these threads.

    I suggest we await developments and the verdict.
    Absolutley Barking, Mudpit Mutt Former Patron: Garbarsardar

    "Out of the crooked tree of humanity,no straight thing can be made." Immanuel Kant
    "Oh Yeah? What about a cricket bat? That's pretty straight. Just off the top of my head..." Al Murray, Pub Landlord.

  6. #6

    Default Re: Race card defense

    Quote Originally Posted by mongrel View Post
    15 years,eh? You wouldn't get that for manslaughter in many parts of the world.
    Nope, not normally. But then I don't think she's only being charged with one count of one crime either. So comparing it to a single count of manslaughter is faulty at best.
    One thing is for certain: the more profoundly baffled you have been in your life, the more open your mind becomes to new ideas.
    -Neil deGrasse Tyson

    Let's think the unthinkable, let's do the undoable. Let us prepare to grapple with the ineffable itself, and see if we may not eff it after all.

  7. #7

    Default Re: Race card defense

    Quote Originally Posted by Gaidin View Post
    Nope, not normally. But then I don't think she's only being charged with one count of one crime either. So comparing it to a single count of manslaughter is faulty at best.
    I suppose. But I cannot imagine anywhere else where resiting arrest and assault would lead to 15 years in prison, in the absence of any deadly weapon.

    Next question is whether the arrest as described can be proven by videotape evidence. That is why I say too early. If it is she's struggling, if not......

    Still there is nothing like original documentation. i guess this is as good as any for the prosecution..


    http://cnnac360.files.wordpress.com/...ice-report.pdf

    My final point. Although it is possible that race is an element in this case, I would like to see more details, my view is that any person who felt that their store was mistreating them, if not handled properly, can explode.
    Last edited by mongrel; November 19, 2009 at 11:54 AM.
    Absolutley Barking, Mudpit Mutt Former Patron: Garbarsardar

    "Out of the crooked tree of humanity,no straight thing can be made." Immanuel Kant
    "Oh Yeah? What about a cricket bat? That's pretty straight. Just off the top of my head..." Al Murray, Pub Landlord.

  8. #8

    Default Re: Race card defense

    Quote Originally Posted by mongrel View Post
    I suppose. But I cannot imagine anywhere else where resiting arrest and assault would lead to 15 years in prison, in the absence of any deadly weapon.

    Next question is whether the arrest as described can be proven by videotape evidence. That is why I say too early. If it is she's struggling, if not......

    Still there is nothing like original documentation. i guess this is as good as any for the prosecution..


    http://cnnac360.files.wordpress.com/...ice-report.pdf

    My final point. Although it is possible that race is an element in this case, I would like to see more details, my view is that any person who felt that their store was mistreating them, if not handled properly, can explode.
    Depends on how many counts of assault she is charged with. They don't state the number, but if there's enough people it can certainly add up to 15 when combined to resisting arrest. The question is if that 15 is the minimum sentence or the maximum.
    One thing is for certain: the more profoundly baffled you have been in your life, the more open your mind becomes to new ideas.
    -Neil deGrasse Tyson

    Let's think the unthinkable, let's do the undoable. Let us prepare to grapple with the ineffable itself, and see if we may not eff it after all.

  9. #9

    Default Re: Race card defense

    Quote Originally Posted by Gaidin View Post
    Depends on how many counts of assault she is charged with. They don't state the number, but if there's enough people it can certainly add up to 15 when combined to resisting arrest. The question is if that 15 is the minimum sentence or the maximum.
    Yes.I can see that. However the cumulative effect has me thinking......

    As regards the OP , I do not think this is at all about race at all, not initially..

    This is about a stroppy customer, we all must know one, or even have been one ourselves. Has she been unnecessarily arrested and charged, we are talking about a stroppy woman here, not some menacing drunken man and has she been overcharged for the alleged crime(s)?
    Last edited by mongrel; November 19, 2009 at 12:14 PM.
    Absolutley Barking, Mudpit Mutt Former Patron: Garbarsardar

    "Out of the crooked tree of humanity,no straight thing can be made." Immanuel Kant
    "Oh Yeah? What about a cricket bat? That's pretty straight. Just off the top of my head..." Al Murray, Pub Landlord.

  10. #10
    MathiasOfAthens's Avatar Comes Rei Militaris
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    Default Re: Race card defense

    Well mongrel I hope you didnt take offense with the poster for I only posted what was already in the article, leaving nothing out. The article, from CNN, stated the video tapes were not released to the public, but seeing as this is wal-mart in all likely hood not only would a store manager had gone down there but would also have released the tapes into police custody.

  11. #11

    Default Re: Race card defense

    Quote Originally Posted by MathiasOfAthens View Post
    Well mongrel I hope you didnt take offense with the poster for I only posted what was already in the article, leaving nothing out. The article, from CNN, stated the video tapes were not released to the public, but seeing as this is wal-mart in all likely hood not only would a store manager had gone down there but would also have released the tapes into police custody.
    No offense at the post, just that like so many similar ones, it is way too early to provide ALL the facts as presented to the court.

    It's a large store, presumably, there has to be several tapes, so why is this case not cut and dry?

    She seems to be middle class, a schoolteacher, tied to a state trooper, not exactly the kind of person to go berserk in a line unless there is something that happened that we need to be told. What on earth was the store manager doing?

    And 15 years?
    Absolutley Barking, Mudpit Mutt Former Patron: Garbarsardar

    "Out of the crooked tree of humanity,no straight thing can be made." Immanuel Kant
    "Oh Yeah? What about a cricket bat? That's pretty straight. Just off the top of my head..." Al Murray, Pub Landlord.

  12. #12

    Default Re: Race card defense

    Quote Originally Posted by MathiasOfAthens View Post
    http://www.cnn.com/2009/CRIME/11/19/...ef=igoogle_cnn




    Race card as a defense. according to police report and several witnesses race was not an issue and she violently attacked customers and officers.
    Oh no. An incident.

  13. #13
    MathiasOfAthens's Avatar Comes Rei Militaris
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    Default Re: Race card defense

    For what happen afterwards. Assaulting police officer for one... Excessive but keep in mind the 15 years is not for cutting in line.

  14. #14
    MathiasOfAthens's Avatar Comes Rei Militaris
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    Default Re: Race card defense

    Allegedly the video may or may not have missed the initial confrontation at the register but I believe it picked something up outside. Knowing wal-mart the tapes were released to the cops. Also the woman was offered probation without jail time if she drop the race charge against the police department. Instead, as her father said, shes marching ahead in the face of 15 years. Cough*Money*Cough.

  15. #15

    Default Re: Race card defense

    Quote Originally Posted by MathiasOfAthens View Post
    Allegedly the video may or may not have missed the initial confrontation at the register but I believe it picked something up outside. Knowing wal-mart the tapes were released to the cops. Also the woman was offered probation without jail time if she drop the race charge against the police department. Instead, as her father said, shes marching ahead in the face of 15 years. Cough*Money*Cough.
    No probation would be an admission of guilt. Cough Cough.

    Kiss of death to a schoolteachers career. Let's be objective eh?

    I dare say a court report will be availble shortly.
    Absolutley Barking, Mudpit Mutt Former Patron: Garbarsardar

    "Out of the crooked tree of humanity,no straight thing can be made." Immanuel Kant
    "Oh Yeah? What about a cricket bat? That's pretty straight. Just off the top of my head..." Al Murray, Pub Landlord.

  16. #16
    MathiasOfAthens's Avatar Comes Rei Militaris
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    Default Re: Race card defense

    True, good point mongrel.

  17. #17
    Spartan198's Avatar Protector Domesticus
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    Default Re: Race card defense

    The race card defense promotes racism.

  18. #18

    Default Re: Race card defense

    After selecting their items, the two stood in different checkout lines. Noticing that her cousin's line was moving faster, Ellis cut in next to him, angering other customers.
    That's it??? That kind of thing happens in my town every single day and nobody cares. What a mountain of a molehill!

    Ellis, then a college student with no criminal history...
    Then she clearly felt like she was being picked on. Why else explode over such a minor issue?

    Store employees refused to give her back her change...
    They made the sale but refused the change? Super.

    "When you read the probable cause affidavit here, quite frankly, it does sound like she's out of control," legal analyst Lisa Bloom said. "There are five police officers. They're all saying the same thing. There are at least four other witnesses within the Wal-Mart store. They're all saying the same thing.
    "She has a completely different version of the facts," Bloom added. "She feels that she was treated differently; it was on account of her race. It's in a racially charged community. And these charges are being blown out of proportion, so she's facing 15 years behind bars for an incident that began with cutting in line. ... I think there's good reason to think there are some racial allegations here."
    Playing the race card?
    Even a perfectly decent person can go supernova when confronted with ugly racism, especially if they're experiencing it for the first time.

  19. #19

    Default Re: Race card defense

    Quote Originally Posted by Thema'zandaar View Post
    Playing the race card?
    Even a perfectly decent person can go supernova when confronted with ugly racism, especially if they're experiencing it for the first time.
    Even if race was not a factor, I would say that many people would explode under such circumstances in any case, indeed I have witnesses such at a KFC, it was like an episode of Eastenders mixed with bollywood.
    All that was required was some free extra fries to resolve.

    I need to hear the role of the Wal-mart store manager in this.
    Absolutley Barking, Mudpit Mutt Former Patron: Garbarsardar

    "Out of the crooked tree of humanity,no straight thing can be made." Immanuel Kant
    "Oh Yeah? What about a cricket bat? That's pretty straight. Just off the top of my head..." Al Murray, Pub Landlord.

  20. #20

    Default Re: Race card defense

    Just find it interesting the prosecuter is willing to drop 15 years just like that if she drops her charges. He would only do that if he felt she had a chance to win.
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