Kidding A Kidder This week’s “Monday Morning” column in The Commercial Appeal included some nuggets from “Gene James’ Deposition Tactics,” a guide printed in The Young Lawyer’s Appeal, the newsletter of the Memphis Bar Association’s Young Lawyers Division. “Bring a dog and a big bowl of water. Place a sheet of newspaper behind opposing counsel’s chair,” read one of Mr. James’ reprinted gems. That Gene James sounds like a pretty funny guy. Bet you’d like to hang out with a guy like that. But you can’t. Because he doesn’t exist. Although several attempts to conclusively verify Mr. James’ nonexistence were unsuccessful, our sources at the Appeal (the Young Lawyer’s, not the Commercial), tell us James is a sort of recurring, and entirely fictional, character in the newsletter. Guess he won’t be needing that free comic-strip umbrella. Mississippi Not Burning In January, representative Bobby Moak introduced legislation in the Mississippi House of Representatives that opponents have dubbed the “Smoke a Joint, Lose a Limb” bill. House Bill 196, according to its title, is “An act to authorize the removal of a body part in lieu of other sentences imposed by the court for violations of the controlled-substances law; and for related purposes.” The bill was amputated in committee earlier this month. Millennium Madness Visionary and bank president John Kelley “Clear-view underwater subways will shuttle people up and down the now clear Mississippi, which will be established as one of the world’s great natural museums. Many lakes and canals will connect self-supported residential communities to entertainment and residential areas. Musical holographs featuring historic and current music artists will be produced on still-famous Beale Street. Memphis will be known throughout the universe as a famous cultural and entertainment center, where diverse people live and work together in a peaceful, stimulating environment.” – Memphis in the next millennium as envisioned by John Kelley, president of First Tennessee Bank. Kelley was one of several business and community leaders who reflected on the future for the February issue of The Downtowner. Check back in a thousand years and we’ll tell you how he did. Who Needs Enemies Local Republican activist Jim Owens thought he would endorse some candidates in upcoming elections by taking out an ad in the program for the Republican Party’s annual Lincoln Day Awards Dinner. Or maybe he meant to oppose them. “For re-election to the Tennessee House of Representatives,” read the ad, “I hardly recommend Tre Hargett, W.C. (Bubba) Pleasant, Larry Scroggs.” n		Cohen Pushes Controversial Deadly Force Bill by Phil Campbell tate Senator Steve Cohen pushed some political and emotional buttons last week when he proposed a bill that would allow citizens to use deadly force to apprehend a suspect of a violent crime – after the immediate danger has passed. PHOTO BY ROY CAJERO State Senator Steve Cohen In some circumstances, the bill’s current wording goes beyond what law-enforcement officers are allowed to do to catch a suspect. If the bill passes, citizens would be immune from both criminal prosecution and civil lawsuit if they injured or killed a criminal who either attempted or succeeded in carrying out any of the following violent crimes: first- and second-degree murder, aggravated rape, rape, child rape, aggravated robbery, and carjacking. In the bill, the citizen is allowed to fire a weapon at a fleeing suspect if the suspect is still on the property or the adjacent property where the crime has, or would have, occurred. Cohen says the bill is a potential deterrent for violent criminals. “I hope in a way it does [affect people’s attitudes],” he says. “I hope it makes a few armed robbers think twice before they stick a gun in somebody’s face and try to take their money, or before they go out and carjack some lady, or rape somebody.” The issue may be too hot for some officials to address. District Attorney Bill Gibbons says he couldn’t comment because he hadn’t seen the proposal. Memphis Police Director Walter Winfrey and Shelby County Sheriff A.C. Gilless didn’t return phone calls. Steve Brown of the Memphis Police Association had a partial copy; he says he was surprised that the proposal came from Cohen. The senator, he says, has a good relationship with the police union, but other politicians make greater efforts to appear tough on crime. Brown also offers this scenario: What if a citizen chases a suspect outside waving a gun and the police arrive? How are the officers to know who is the bad guy? “If somebody nails a scumbag, so be it,” Brown says. “I’m thrilled. But there are some side issues to this.” Police officers can use deadly force in only three types of situations: to protect the life of a citizen, to protect their own life, and to apprehend a suspect whose escape poses a greater danger than the immediate use of deadly force. “It has to be, more or less, a life-and-death situation,” Brown says. Cohen’s bill kicks into effect for citizens after a life-and-death situation. Citizens aren’t being asked in the bill to balance questions of deadly force with questions of catching a fleeing suspect – not that everyone has been trained to do that in the first place. Are armed citizens to be allowed to judge what constitutes “attempted murder” and what doesn’t? Are they to be trusted to shoot after fleeing suspects with innocent bystanders standing around? Is it in their safest interest to do so? These are questions that legislators will have to grapple with. Out of more than 19,000 homicides nationwide in 1996, the most recent statistics available, only 248 instances were deemed justifiable acts of self-defense, according to the FBI. The statistics don’t reveal much. In 1994, the Department of Justice looked at “self-protective” measures by victims. It found that, 66.8 percent of the time, violent offenders were made angrier and more aggressive when their victims tried to defend themselves. In 11.8 percent of the instances, the victim’s effort led to injury or greater injury. At the same time, however, 64.5 percent of the violent-crime victims who attempted self-defense believed that their efforts helped their situation. About 9 percent of these victims believed their efforts ultimately hurt them. But these numbers refer to self-defensive measures taken while a crime was occurring, not after a crime has already taken place. Regardless, Cohen seems confident in his position. He calls the bill a reform measure to prevent the unnecessary clogging of the courts. “No jury in the world,” he says, would rule against a citizen who shoots after a violent criminal, anyway. “I’ve perceived a lot of support on this from citizens, crime victims, and law-enforcement personnel,” he says. n Hate Crime Case Nets Huge Judgment by Jacqueline Marino A U.S. District Court judge has awarded a $743,000 judgment to members of a Hickory Hill family whose neighbors terrorized them with racial threats, vandalism, and other crimes. Ricky Presley says he and his family are satisfied with the judgment in the lawsuit, which they filed two years ago after their former next-door neighbor Scott Shepherd left a note signed “KKK” on their door, shot out their car windows, and made verbal threats. The family is to receive reimbursements for child-care costs and travel expenses accrued during the two months Presley and his wife Rosemary sent their children to live in another state for their safety. They were also awarded lost earnings and other compensatory damages, as well as punitive damages totaling $250,000. Shepherd is a former Ku Klux Klan member and officer in the National Association for the Advancement of White People. He suffers from serious medical problems, according to his lawyer, Handel Durham. Citing the Shepherds’ dire financial situation, Jim Allen, the Presleys’ attorney, says his clients probably won’t be able to collect from the judgment. But it is also a symbolic victory. “The judgment says they were seriously injured by the actions,” he says. “The court took that seriously. There were a lot of punitive damages awarded. That sends the message to the community and to the Shepherds that this isn’t going to be tolerated.” n MATA Gets New Wheels Last Friday, MATA began running 39 new “low-floor” buses on its regular routes. These buses have no interior steps, ride less than 15 inches off the ground, and offer a ramp at the front, eliminating the need for the unreliable lifts of the older buses. “In order to deliver the kind of services our passengers deserve,” MATA general manager William Hudson says, “we needed to be more accessible.” Since the buses have entered the system, Hudson says he has heard only “praises all over.” With the new buses, about 40 percent of the daily routes, 90 percent of Saturday routes, and all Sunday routes are now wheelchair-accessible. MATA plans to purchase 20 of these buses per year over the next four years, at a cost of $243,000 each. n – Lauren Mutter

Lakeland Residents Battle Sign Pollution

by Jacqueline Marino

What will be bright yellow, 110 feet high, and “loom larger than the full moon” in Lakeland?

Residents say it’s not just a sign that there’s a McDonald’s nearby, but one that indicates any business can use a lawsuit to get around their city’s sign ordinances.

And last week a group of Lakeland citizens tried to do something about it. They have yet to file a lawsuit or seek an injunction to stall construction of the sign. But last week about 25 of them packed Chancellor Neal Small’s downtown courtroom hoping that he would let them intervene in a different lawsuit filed by McDonald’s Corporation, which challenged the city’s initial refusal to let the sign be erected. Small declined, and the group plans to appeal.

The decision was the latest in a long, confusing series of events that began when McDonald’s asked the design review commission if it could erect a sign advertising a McDonald’s restaurant and an Amoco station near I-40. The board disallowed the sign because it did not comply with city ordinances governing the size of such signs.

It seemed, however, that the board of appeals granted McDonald’s a variance. But problems with the voting procedure prompted the board to reconvene. At the subsequent meeting, one of the members changed his mind, and no variance was approved.

McDonald’s sued. On February 4th, the city agreed to a settlement that allowed the company to erect the sign after all.

One resident, Bill Morgan, says the city’s board of commissioners isn’t representing the best interests of its citizens, who are concerned their property values will decline as a result of encroaching commercial development. Ed McKenney, a private attorney representing the city, says the board settled the case because of the evidence.

“The board of commissioners concluded that McDonald’s was correct and the board of appeals had approved the sign,” he says.

To some residents, however, a 110-foot golden arches isn’t a comforting beacon of Big Macs. It’s light pollution.

Five residents sent out a dramatically written press release last week calling the city’s decision to settle with the company “spineless.”

“Many are directly affected because the giant sign, 110 feet high, will cast an intrusive glaring light across Garner Lake, previously known for its tranquility and dark skies,” they wrote. “To residents on the lake, the sign will loom larger than the full moon.”

When Gerrit Verschuur, an astronomer and adjunct professor at the University of Memphis, first moved to Lakeland five and a half years ago, he says the skies were still dark. Now, with the lights from the nearby Wolfchase Galleria area, the stars in the night sky are getting harder and harder to see.

“The sign’s going to loom over the lake,” Verschuur says. “It’s going to dominate the entire horizon for them [residents living on the lake.]”

Jodi Hudson, marketing manager for McDonald’s, says the sign had to be large enough to advertise both McDonald’s and Amoco. She had no comment about the situation other than saying, “We and Amoco are looking forward to being part of the community of Lakeland.” n

Journalists Revisit Klan Coverage

by Lauren Mutter

The Ku Klux Klan and the disturbance that followed their rally in Memphis are now a month behind us, but that hasn’t stopped talk about their visit. Last Thursday, the Memphis Ministers’ Association issued a statement on racial reconciliation in Memphis, and Friday, the Society for Professional Journalists discussed how the media covered – and possibly contributed to – the now-infamous event.

“You don’t inflame,” explained Jim Willis, president of the Mid-South Pro Chapter of SPJ, at a meeting held at the University of Memphis, “but you do inform.” In that spirit, The Commercial Appeal had published only three stories before the January 17th rally. These brief stories mentioned that the Klan was coming and that opposition had been formed. Paul Lindsley, assignment manager at WHBQ-TV Channel 13, said they ran just enough spots to let people know the Klan was coming and that opposition had been organized.

“I think our intentions were admirable,” said Charles Bernsen, metro editor for the CA, “but in hindsight, I wish we had done more before the rally.” Flyer editor Dennis Freeland commended the daily for its reserved coverage, and Lindsley said that more pre-rally publicity would have been “like pouring gasoline on fire.”

The real question, the group of professors and media representatives agreed, was where to draw the line in the “murky territory” of covering fringe political groups. The danger is not the groups’ agendas, said James Redmond, associate chair of the University of Memphis journalism department, but instead their sophistication in using the media for their purposes. The two-hour discussion did not produce a resolution for the controversial issue.

“We didn’t let anybody, pro or con, use us ... to incite something,” Lindsley said. Bernsen, Freeland, and the rest of the group seemed to agree that though there was blame to be placed, it shouldn’t lie with the media.

Nobody at the meeting discussed the ministers’ statement, which referred only briefly to the Klan and anti-Klan demonstrations. They focused instead on positive, ongoing attempts people have made to fight racism and called upon people to continue those efforts. n

Memphis in May Announces Beale Music Fest Lineup

by Mark Jordan

Fears that Memphis in May’s Beale Street Music Festival might miss a step without the participation of its longtime talent buyer were laid to rest Tuesday as officials announced a partial 1998 lineup that includes six-time Grammy nominee Paula Cole, blues legend Buddy Guy, and multi-platinum recording artist Bonnie Raitt.

“I think we’re off to a great start,” said MIM executive director Wes Brustad as he introduced the partial lineup for the 22nd edition of the festival at a press conference at the Hard Rock Cafe. “I’m hoping this will only build the reputation of the festival.”

The BSMF will be held May 1-3 in Tom Lee Park.

Other artists announced include: the Neville Brothers, the Doobie Brothers, the Robert Cray Band, Ziggy Marley & the Melody Makers, Keb’ Mo’, the Fabulous Thunderbirds, Shirley Caesar, Smokey Wilson, Ruth Brown, Bobby Jones & the Nashville Super Choir, the Tennessee Mass Choir, Anson Funderburgh & the Rockets with Sam Myers, the Jelly Roll Kings, Government Mule, Richard Shindell, Rod Piazza & the Mighty Flyers, and Saffire: The Uppity Blues Women.

Area artists scheduled to appear include: Rufus Thomas, Ruby Wilson, Bobby Whitlock, the Kudzu Kings, the Pawtucketts, FreeWorld, Mash-o-Matic, the North Mississippi All-Stars with Jim Dickinson, John Mohead, Saliva, and Wobity.

Other artists will be added over the next few weeks. MIM officials decided to announce the incomplete schedule because of demand from travel agents and prospective visitors.

Tickets for the BSMF are on sale now at all Ticketmaster outlets. Advance tickets are $13 a day, with an advance three-day pass going for $32. On May 1st those prices go up to $16 and $40. A $50 “Passport” ticket will include admission to all three of MIM’s Tom Lee Park events – the BSMF, the World Championship Barbecue Cooking Contest, and the Sunset Symphony.

Tuesday’s announcement gives the BSMF a strong lineup of local, blues-influenced, and mainstream artists as the festival faces direct competition for the first time in its history from a former partner.

The Mid-South Music Festival, organized by the area’s dominant music promoter Bob Kelley, is slated to be held the weekend before BSMF, April 24-26, in and around the Mid-South Coliseum. Kelley’s Mid-South Concerts had been a 50-50 partner in the BSMF until last fall when MIM officials opted not to renew its contract in an attempt to reap a larger share of the festival’s profits, as much as $1.5 million, to help fund and expand MIM’s various other programs. No lineup has been announced yet for the Mid-South Music Festival. n

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