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Opinion Viewpoint

50 Years Later

Half a century ago, parents of 12 elementary school students risked everything to give their children one thing: a racially mixed school experience.

Those parents suffered the repercussions of their decision long after the U.S. Supreme Court ruled in favor of school desegregation. They were talked about, discriminated against, burned out, and spat upon. Unmoved by the threats, the group stood firm.

Few moments in history have affected Americans like the 1954 Brown v. Board of Education of Topeka ruling. Fifty years later, that case still has significant impact on education in America. The case has also factored, either directly or indirectly, into such basic beliefs as the separation of church and state, equal rights, and a fair criminal justice system.

The wording by Chief Justice Earl Warren in the decision was clear: “[I]n the field of public education the doctrine of ‘separate but equal’ has no place. Separate education facilities are inherently unequal.” This decision was the culmination of an uphill battle for the parents, the NAACP defense team representing them, and the millions of Americans who had been discriminated against under the “separate but equal” doctrine that had governed all aspects of life since it was approved in the 1896 Plessy v. Ferguson case.

Two weeks ago, lawyers from the American Bar Association were in Memphis recreating the Brown trial, complete with actual witness testimony. Jock Smith, law partner of Johnnie Cochran, played lead attorney-turned Supreme Court justice Thurgood Marshall. “Most of us don’t understand the importance of Brown v. Board. I don’t even think lawyers understand the impact of it,” he said. “What I got out of it was how serious the situation was then, how the kids were at risk, the sacrifices the parents made, and the compassion in the hearts of the lawyers.”

What we should all understand from Brown are the benefits of the decision. Although the case is linked to Topeka, Kansas, it actually had been consolidated to include elementary school students in four other states. With the desegregation of public schools, years of Jim Crow laws were erased, putting race relations on an entirely new level. The case proved that segregation adversely affected not only black students but whites as well. It is difficult to imagine classrooms without the rainbow of cultures that make for a nurturing environment for all. Now, years later, diversity has become the calling card of most educational institutions, and affirmative action has become a means to achievement.

On Brown‘s tenets, the civil rights movement took shape, bringing with it equality for women and other minorities. Further, the case provided downtrodden communities with everyday heroes who symbolized perseverance and hope for greater changes to come. For the next 15 years, the Supreme Court, under Warren, heard and decided civil rights cases based on Brown.

In addition to education, Brown provided a blueprint for the desegregation of places where the racial divide often runs deepest: churches, businesses, and politics. It is in these areas where multiculturalism has had the most lasting significance. Cochran, Harold Ford Jr., and even Sean “P. Diddy” Combs would not have attained prominence without Brown.

We all have reason to thank the litigants and Earl Warren, if only for opening our lives to different cultures. There will always be individuals who choose to live within a certain comfort zone, but Brown gives us the opportunity to make that decision for ourselves.

Monday marks the 50th anniversary of the Brown decision. More important, Monday marks the 50th anniversary of a new way of thinking.

Janel Davis is a Flyer staff writer.

Categories
News The Fly-By

IT’S GOOD TO BE THE KING?

The King of Clubs, a strip joint on Brooks Road, was closed by the district attorney after a number of dancers were brought up on prostitution charges. But according to WMC-TV 5, at least one customer at the neighboring bank thinks things were safer when the club was open. “It gave people something to do,” the customer said. “It’d stop crime. It keeps people off the street.”

Plante: How It Looks

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We Recommend We Recommend

FRIDAY, 14

Kenny Rogers At HORSESHOE CASINO in Tunica, MS In Bluesville.

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Politics Politics Beat Blog

WITH FRIENDS LIKE THESE…

WITH FRIENDS LIKE THESE (I)

As if being listed (See “Politics,” Flyer, April 1-7) as a signer with prominent neocons on a 1998 letter calling for pre-emptive action against Saddam Hussein weren’t controversial enough, 9th District U.S. Rep. Harold Ford of Memphis has been identified in the conservative Washington Times — owned by Rev. Sun Myung Moon, founder of the “Unification Church” — and in other outlets as the recipient of a “Crown of Peace” award at a Moonie-sponsored event in Washington. At the same event, held in the Dirksen Senate Office Building, the Rev. Moon proclaimed himself a messiah and spoke of his role in the posthumous reformation of Hitler and Stalin. (No, we’re not making this up!) Only problem: Rep. Ford — one of eight congressman supposedly honored at the event as an “Ambassador of Peace” — said categorically he wasn’t there, never heard of it, never got any such award, and has never met Rev. Moon. Unfortunately, said Rep. Ford, public officials’ names often get used without their permission.

WITH FRIENDS LIKE THESE (II)

NASHVILLE — Not every moment in the Tennessee General Assembly is devoted to matters of high dudgeon. Every now and then lawmakers — especially as a session heads to a close (as the 2004 version of the legislature is scheduled to next week) — have been known to indulge in pranks. A case in point was an official-looking “news release” issued Thursday on the floor of the state House of Representatives by Republican members of the Shelby County delegation, anxious to rib their GOP colleague, Curry Todd of Collierville.

Todd has acquired a primary opponent this year, one Dan Dickerson, about whom little is known but whose principal campaign plank so far has been a pledge — in the manner of Governor Phil Bredesen, a wealthy former health-care entrepreneur — to renounce his annual salary if elected.

That circumstance provided an irresisitble opening to Todd’s Shelby County partymates, who put out the spoof release Thursday, one which seemed to identify them with the same kind of pledge. Under the heading “House of Representatives, State of Tennessee,” it read:

Shelby County Lawmakers announce pledge to return legislative salaries

“For Immediate Release May 10, 2004

“Nashville- Following the lead of Tennessee Governor Phil Bredesen, a group of Republican legislators announced today if reelected they would refuse their legislative salary during the 104th General Assembly. After being sworn in for his first term, Governor Bredesen immediately announced he would forgo his state salary of $85,000.

“Senate and House members are paid $16,500 annually for their service. Most Shelby County legislators surveyed said that although they appreciated what they received in compensation, they too agreed it would benefit the state if those precious dollars were returned to state coffers. ‘Serving the public is a unique honor said retiring Representative Joe Kent of Memphis. I’ve been in the legislature for twenty-six years. My only regret is not returning my legislative salary several years ago.’ Rep. Bubba Pleasant of Arlington stated he just wanted to serve the working people of his district. In lieu of accepting his salary, Rep. Pleasant plans to donate the money to Bellevue Baptist Church and St. Jude in Memphis. Rep. Tre’ Hargett, Rep. Paul Stanley and Sen. Curtis Person and Sen. Mark Norris are among the group signing this new pledge. Rep. Curry Todd was unavailable for comment and refused to participate in this pledge of fiscal restraint.”

Todd’s response to all this? “Listen, my constituents are getting their money’s worth.” And he waxed philosophical: “You get what you pay for.”

Yes, he was smiling. So were the pranksters. Kent, who is retiring, noted, “It would be hard for me to return my salary next year, since I won’t be getting any!”

And, no, the others — who presumably will be returning — aren’t giving their salaries back either. Er, just kidding, folks.

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News News Feature

MAD AS HELL

THOUGHTS OF CHAIRMAN CHERI

EDITOR’S NOTE: Cheri DelBrocco, arguably our most provocative and most popular online columnist ever, rivaled only by Ed Weathers (whose work will shortly be returning), has been involved for some time in the burdensome work of buying a home, selling another, and all the construction and moving and storing that this entails. Unfortunately for our readers, this has drastically cut into her frequency of her appearance here. To amend this somewhat (and to satisfy the bona fide clamor of a number of readers) she has graciously responded to our request and supplied the following excerpts — randomly displayed here, with modest editing (so blame us for any discontinuities) — from recent emails to friends. All of this is to remind you of the cutting-edge sensibility you’ve been missing. Promise: more columns by Cheri DelBrocco are coming!
Remember……we are in Bushworld. And in Bushworld, war is peace, dumb is smart, fear is freedom, black is white, and stop is go. More importantly, Jesus is American – and he is on our side and we are on his side and everyone who is not with us is on the side of the evildoers. George Orwell has got to be spinning in his grave.

I hate this bunch of fanatical, nutcase, wackos….They are taking us down a hole. The world is witnessing Texasization…. big hair, big trucks, big hats, big steaks, big religion, big politics, big guns, and big lies. Texasization is talking about God, but loving an execution. Texasization is delighting in squashing like bugs anyone who is not deemed fit to live in the world of the Saved. Remember that commercial a few years ago, “Texas. It’s a whole other country”? Well, they were right. And unfortunately, we have the President of Texas running America. God help us.

Sy Hersh is a terrific writer. So far, everytime I’ve seen General Myers interviewed on television, his answers to questions are: I don’t know, I’m not sure, I wouldn’t say that and more lies and stonewalling. He should be ashamed to be in a uniform.

I desperately want Kerry to ratchet it up. Independents I know are really starting to perceive him as a wimp. He had better get his message defined, because the wackos are defining his message for him.

I think Bremer is history. And Colin Powell may be ready to hit the exit door. Any semblance of moderation will be gone….the rats are fleeing the ship, but we are all aboard this sinking Titanic. We hit the iceberg January, 2001 the day Dumbo was sworn in. Of course, all that matters to Dumbo is that he had his hand on the Bible, the inerrant word of God.

I smell an implosion coming on…..with a little luck, the lid will totally blow around July or August! Hell hath no fury like an egomanical Rummy and Wolfowitz. Also, Uncle Dick-o will be sucked into the middle of all of it. I get giddy just thinking about it!!

I think Dumbo and Co. are going to fabricate a boner so that Uncle Dick-o can leave. Perhaps his faux heart problems will result in his need to “retire” from politics. The ticket will definetely need tweaking in order for Dumbo to get re-elected. (Of course, having Bro. Jeb running the Diebold electronic machines in Fla. should also help things along – as long as there are no paper receipts)

If Kerry wins, I think he’ll make Clinton his Sec of State. But Kerry is such a limp….well, you know what I mean.

I think we’ve only seen/heard the tip of the iceberg on the prison abuse thing. Tonight, the gristmill is saying they were made to watch soldiers having sex. What the hell is wrong with our military? The bottom line is : two wrongs don’t make a right. The people who killed Berg should suffer the same death. I’m wary of any religous fanatic, regardless of the religion

I read the DaVinci Code the first week it came out. I loved the book. Thought it was one of the best I’ve read in years. I believe in the historical Christ and I think there is a reason he was called the Prince of Peace. Unfortunately, Jesus got put into showbiz by the lunatic fundamentalist traveling salvation show types. It’s a shame, really. I also think it’s pretty funny how the fundies have been going nuts trying to shred The DaVinci Code! Jefferson’s Bible is my kind of book about Jesus of Nazareth.

All the foaming about “The Passion of Christ” movie made me sick. I did not see it and do not care to ever see it. It’s pretty sad how the fundies have used it as a tool of intimidation.

I think Mel Gibson is a wild-eyed, self-intoxicated fanatic. He’s also a brilliant marketing strategist.

Opus Dei makes me shudder. Those people are really, really creepy. Have you ever seen their HQ in NYC?? Gibson, according to my devoted Catholic friends and family is in Opus Dei, as are Antonin Scalia and several other Bush honchos.

Categories
News The Fly-By

THE STRANGE TALE OF ELVIS BUFORD

From the Chicago Tribune: “Elvis Buford was halfway through apologizing to the family of the man he killed and dismembered four years ago when the victim’s brother sprinted from a courtroom bench Monday and tried to attack him.” According to the Tribune, Buford was sentenced to 22 years in prison after he admitted to beating Rafael Rush to death with a sledgehammer. Buford then cut the body into pieces and disposed of the parts at various locations between Chicago and Memphis. The judge sentenced the victim’s brother to six months for his “attack on the court,” but Buford would have none of that. “If you could find it in your heart to let that young man go home to his mother, I would be eternally grateful,” Buford said to the judge, who, moved by the murderer’s “Elvis”-nature, said he would take the request under consideration.

Plante: How It Looks

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Politics Politics Beat Blog

POLITICS

DRIVING, NOT FLYING

NASHVILLE — In the end, it was about a routine matter, handled routinely, but a brief dialogue in the state Senate last week clarified a matter that Shelby Countians (and Tennesseans at large) may have been curious about.

State Senator Steve Cohen had introduced an amendment to a bill on travel reimbursements for state employees. It provided that “in emergency situations, purchase of air tickets in excess of the standard coach fare would be allowed if approved by the comptroller but otherwise no state appropriated funds or university funds would be used to purchase air tickets in excess of standard coach fare.”

To everyone’s evident surprise, Cohen’s Memphis colleague John Ford objected. He maintained that the provision assigning supervisory authority to the comptroller rather than, in a senator’s case, to “the Speaker” (Lt. Gov. Wilder) would be “a slap in the face.” Ford pointed out possible variations in applying the term “standard coach fare,” expressed doubt that legislators charged taxpayers for flights where champagne was served, and said of Cohen’s amendment, “You’re really messing up the situation.”

Finally, Ford disclaimed any personal interest in the matter. “I don’t fly from here to Memphis,” he said. “I drive Ð though some of you may describe that as flying.”

Ford’s objections notwithstanding, the amendment passed handily.

Two Against Violence

Steve Moore (or “Stevie,” as longtime friends call him) is a familiar presence in political affairs. He’s worked for the Ford organization and numerous local politicians as a campaign manager and strategist, and he’s especially close to Criminal Court Judge J.C. McLin, whom he helped to an upset victory in a 2000 special election.

McLin’s name is first on a long list of luminaries — including mayors Willie Herenton and A C Wharton, numerous legislators, councilmen, and county commissioners, and other public officials — who have lined up to support Moore in a public campaign of his own.

Moore has organized a “Save Our Children Rally,” set for the Overton Park Shell at 1 p.m. Saturday. The free event is , according to a flyer printed up to support it, “designed to highlight the magnitude of youth violence and youth death in our communities,” and “will feature leaders in government, law enforcement, religious leadership and entertainment from various gospel groups.”

The rally is sponsored by an ad hoc organization founded by Moore, Freedom from Unnecessary Negatives (F.U.N.N). The element of painful irony in that acronym is magnified by the powerful underlying reason for Moore’s commitment to the project: His son Prentice Moore was shot to death a year ago as young Moore left a now shuttered troublespot, the Denim and Diamonds Club at Mendenhall and Winchester.

Steve Moore perseveres. And he understands that not only is no man an island, neither is any human being’s tragedy an isolated event. So he’s using his well-honed political skills to put together an event that promises, at the very least, to be a powerful consciousness-raiser.

“We strongly believe, Ôenough is enough Ð we must stop the killing.’There is far too much killing, crime and neglectful death in our community today. It is time to take action,” says Moore in a letter.

  • The Angela Kyle Memorial Award, named in honor of the young woman slain in the parking garage at Oak Court Mall at Christmas of 1997, is annually given for “Commitment to Victims’ Services” to a master’s degree recipient by the University of Tennessee College of Social Work, from which Kyle herself was a graduate.

    This year’s honoree is Kerry Fulmer, a transplant from New Jersey who happens also to be the first cousin, once removed, of Democratic presidential candidate John Kerry of Massachusetts.

    Fulmer, who received the award along with her Clinical M.S. degree in Social Work at a UT commencement ceremony Monday night, has been working for the last three years with victims of domestic violence as a court advocate in criminal and civil court and with the Women’s and Childrens program for children who have witnessed domestic violence. She also counsels victims of domestic violence at The Exchange Club Family Center.

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    News News Feature

    BARNSTORMING

    STEADY LEADERSHIP?

    One day after Secretary of Defense Donald Rumsfeld fell on his rubber sword over the torture of Iraqi detainees President Bush thanked him for his pains. ” You are courageously leading our nation in the war against terror,” Bush said. “You’re doing a superb job. You’re a strong secretary of defense and our nation owes you a debt of gratitude.”

    A superb job? By what standard of normative judgment has anyone in the Bush Administration, Donald Rumsfeld included, done a superb job where Iraq is concerned? It’s been a solid year now since our President swooped down on the U.S. Aircraft Carrier Abraham Lincoln and declared that our military action in the Persian Gulf was complete. If someone–anyone–was doing a superb job in Iraq there should be some kind of evidence by now, shouldn’t there? But there’s none. Zip. Squat. Instead there are bigger and bigger body counts, and pornographic photos of American soldiers abusing Iraqi detainees. Perhaps President Bush, forever at odds with the English language, is merely befuddled by the meaning of “superb.”

    First there is the Bush doctrine of preemption to consider: A policy of paranoid aggression sold to a shell-shocked America as the only antidote to mushroom clouds in the heartland. It’s a policy much of the world condemned because the unprovoked invasion of a sovereign nation, outside an extremely tight set of extenuating circumstances, sets a damn poor precedent for the rest of the world to follow. Unless, of course, the invading country’s reasons for aggression prove to have been both honorable and understated, rather than entirely false. If anyone in the Bush Administration had been doing a “superb” job we would have discovered an Iraqi nuclear program only minutes away from having the bomb. We would have found vast stockpiles of chemical and biological weapons. We would have discovered photographic evidence of Osama giving Saddam the Blue Dress treatment. Or there is always the possibility that, if anyone was doing a “superb” job, we’d have never invaded Iraq in the first place. If deception of the American people in an attempt to seriously downgrade America’s moral standing within the world community was Bush’s goal, mission accomplished. It’s not “superb.” It’s not excellent. It isn’t even good. It stinks like a bag of severed limbs sitting in the Baghdad sun.

    After it became apparent that there were no WMD to be found, and no serious connections between Iraq and Al Qaeda, the Bush Administration continued to justify itself on the grounds that an unquestionably moral America had liberated the Iraqi people from Saddam the Butcher. How many times did our President use the term, “rape room,” to strike fear in the hearts of Americans? And now we have evidence suggesting that American troops may have raped an Iraqi detainee with a light bulb. We’ve seen images of many atrocities, and we’ve been warned at the highest level that the worst is yet to come. Whether or not this is the kind of thing that Americans “would do” doesn’t matter. It’s something we did. The Geneva Convention has never been about protecting the bad guys. It’s to make sure that everybody–our guys included–gets humane treatment. When the world’s only superpower, lead by a highly secretive cabal of radical right-wing boobies moves the moral bar so very low “superb” is not in any sense an appropriate adjective. “Abhorrent,” perhaps. “Unconscionable,” maybe. Certainly not “superb.”

    “Steady leadership in times of change.” That’s the President’s reelection slogan, and it may be the only totally honest statement to ever emerge from the Bush Campaign. The Bushies have been, if nothing else, “steady,” a generally positive word tainted by an excess of confident rigidity. Steadiness is a quality, not a virtue, and often a debit during times of upheaval. The Titanic, presumed unsinkable by experts of the day, fell victim to a combination of overconfidence and “steady leadership.” Changing times requires flexible leaders, able to think on their feet: a quality, by his own admission, our President does not possess. And if he genuinely believes that “superb” is an appropriate adjective to describe Donald Rumsfeld’s dubious military accomplishments he possesses no standards either.

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    News News Feature

    FROM MY SEAT

    HERE’S TO YOU, MR. ROBINSON

    Among the most endearing qualities of our heroes is that they never age, at least not in our hearts. Especially when the hero is an athlete, he or she is always in peak form when we recall and share the stories of heroism.

    When congestive heart failure claimed the life of Ronnie Robinson last Saturday morning, the cause of death couldn’t have been more ironic. For it was Robinson — along with his lifelong friend, Larry Finch — who represented the heart of the 1972-73 Memphis State Tiger basketball team. That squad, we well know in these parts, reached the championship game of the NCAA tournament, only to lose against the juggernaut from UCLA. Simply put, there’s no way that team — a band of athletic heroes unlike any other this city will ever see — gains the immortality it did without the all-too-mortal Ronnie Robinson.

    One of only four players in Tiger history to score 1,000 points and grab 1,000 rebounds, Robinson was Sundance to Finch’s Butch. Having cultivated their partnership on the hardwood of Melrose High, Finch and Robinson (always spoken in that sequence) became a battering ram of sorts, knocking down barriers — social, racial, economic — as they brought a region together. Indiana had Milan High . . . Memphis had Finch and Robinson. Their jerseys are two of eight that have been retired by the University of Memphis.

    So with Robinson’s death at age 53 we’re reminded that, yes, our heroes are mortal. And this not even two years after a severe stroke confined Finch to a wheelchair. Two men lifted to the highest of heights, their names an automatic “smile” switch throughout the Mid-South. The same two men later struck so mercilessly, and so young. Since when did the fates become so two-faced?

    Last year Ronnie Robinson took time to briefly visit with me for a story in MEMPHIS magazine celebrating the 30th anniversary of his fabled team. He spoke as if 1973 were yesterday, and the kick in his voice as he remembered that team’s “one shining moment” is what I’ll remember most about our chat. I’ll give him the last word here, as he remembers a time and place the way we all should. We’ll miss you, Ronnie.

    “I think everybody in America saw that [championship] game. That’s the furthest Memphis State has ever been. It was a good game, an exciting game. It was like going up against Muhammad Ali. All that basketball history . . . back then, that’s all you really heard about: UCLA. Once that ball gets tipped, though, you forget about all that.

    “I always reflect back to the night before the game. You know, it was such a tense moment, unbelievable that you’re getting ready to participate in the [final game]. Butterflies everywhere. That team was special . . . we all kind of gelled toward the end of the season. We wanted to win it all, and we came pretty close.

    “I hate to see some of the things that have happened to Larry recently. But you know, Larry’s a fighter . . . he’ll fight back. Spirit-wise, he’s doing pretty good. I think he’ll be all right.

    “Butterflies still fly when I walk into The Pyramid and see [my jersey number, 33] hanging from the rafters. I still feel like I’m getting ready to play a game.”

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    News News Feature

    CITY BEAT

    THE REST OF THE STORY

    Media coverage of two big pending federal court cases — one involving former medical examiner O.C. Smith and one involving football booster Logan Young — again failed to note the significance of the latest developments.

    In the Smith case, a fellow medical examiner concluded that the Shelby County Regional Forensic Center is unresponsive and handles evidence carelessly and that Smith, accused of faking a bizarre attack on himself in 2002, made statements under oath with professional certainty that were actually “opinions” and “speculative.”

    In Young’s case, a judge promised to act within a month on a motion to dismiss the case. In a related case in Alabama, two University of Alabama officials gave affidavits about the NCAA investigation of the Albert Means recruiting case that suggest that it may be a house of cards.

    The Commercial Appeal, heavily invested in the credibility of Smith in general and in the NCAA and state and federal prosecutors in Young’s case, ignored key elements of both stories.

    Taking the Smith case first, Smith’s apologists put a positive spin on Nashville medical examiner Bruce Levy’s report last month, in which Levy agreed that Philip Workman fired the gunshot that killed Memphis police lieutenant Ronald Oliver in 1981. Workman is on death row.

    Governor Phil Bredesen asked Levy to review Smith’s testimony in clemency hearings for Workman in 2000 and 2001. (Smith is under federal indictment for giving false statements about the alleged attack on him.) Last year, Bredesen issued a stay of execution for Workman pending completion of the Smith investigation. When the feds called Smith a liar, the governor asked Levy to review his Workman testimony.

    “I am not at all surprised by Dr. Levy’s opinion,” said Shelby County district attorney general Bill Gibbons. “It is what I expected. Twenty-two years ago, a jury of citizens decided that Philip Workman deserved the death penalty. É It is past time to carry out that decision.”

    Levy’s report, however, should give pause to any prosecutor dependent on Smith. It is anything but an endorsement. On the contrary, Levy was critical of Smith on several counts, including his work on the Workman case. “There was initial difficulty locating the original autopsy materials” from Smith’s office, according to Levy. Levy requested materials from Smith’s office in February but was told that they were missing. “They were eventually located after my fourth request, reportedly during a search of the basement of the Shelby County Regional Forensic Center on or about April 2, 2004. They were reportedly in an unlabeled evidence bag behind some boxes.”

    Levy said he is “concerned about the obvious violation of the proper handling and storage of autopsy evidence and materials, especially given recent allegations of other missing evidence from the forensic center.”

    The “missing evidence” is body parts. Smith also allowed the professional certification of the office to lapse. The highly secretive office was as sloppy and unresponsive to the governor as it was to local media. And in Workman’s case, “Although the recovered bullet could be the bullet that killed Lt. Oliver, Smith’s opinion that it is the fatal bullet to the exclusion of all others is speculative,” Levy wrote.

    This is the medical examiner whom Gibbons and fellow prosecutors have relied on in hundreds of close cases that are matters of life and death.

    In Logan Young’s case, U.S. District Judge Daniel Breen said last week he will rule within 30 days on a defense motion to dismiss. Such motions are commonplace, but this one plausibly argues that even if Young gave money to former high school football coach Lynn Lang, it wasn’t a federal crime because it would not have corrupted Lang in the performance of his public duties as a football coach. Defense attorney Robert Hutton says it is analogous to a parent paying a teacher to tutor a child as opposed to bribing a teacher to give a child a high grade.

    Breen has already affirmed an order of U.S. magistrate Diane Vescovo requiring the NCAA and University of Tennessee football coach Phil Fulmer to produce tapes and records. Federal prosecutors have appealed. The next court date is May 24th.

    Meanwhile, in Tuscaloosa, Alabama, Circuit Court, university officials Gene Marsh and Marie Robbins were dismissed from a related case because the plaintiffs decided they were “used and misled” by the NCAA and the university in the investigation of Alabama’s football program. Marsh is a law professor and a member of the NCAA Division I Committee on Infractions. Robbins is associate athletic director. The plaintiffs are former Alabama football coaches Ronnie Cottrell and Ivy Williams.

    Marsh says in an affidavit that the NCAA “failed to share information they had received with us and failed to allow us to take efforts to prevent impropriety from occurring” in the Means case.