Categories
Editorial Opinion

Looking for the Thread

With the impact of last week’s “voluntary manslaughter” verdict in the Mary Winkler murder case in Selmer still reverberating, John Ford’s trial on bribery and extortion charges headed toward its own conclusion this week in federal court in Memphis. And by now nobody — but nobody — was thinking slam-dunk about anything. Even if the Ford case were to go the government’s way (and that was still in doubt at our press time), most observers who had logged time at the former state senator’s trial — hearing all the testimony, weighing all the evidence — were well aware that the exact shape of the outcome still remained in doubt.

The reason? Juries these days weigh so many factors, including subjective ones, that dramatically contrasting conclusions can quite obviously be drawn from the same set of facts — especially when the prosecution and the defense make a point of presenting radically different interpretations of the same circumstances.

Consider what happened in Selmer: Rev. Matt Winkler had been slain a year ago by a shotgun blast, one that quite clearly came from a gun being held by his wife, Mary, who then fled with the couple’s three children toward the Alabama coast before being apprehended in that state. Authorities both in Alabama and Tennessee promptly claimed to have confessions from Winkler.

End of story? Hardly. By the time crack defense attorneys Steve Farese and Leslie Ballin had presented their version of the case last week, enough doubt had been raised that the slain Matt Winkler himself appeared to have supplanted his surviving wife as the true “defendant” in the case.

Much of this might have been foreseen. Even while most news accounts of the crime last year marveled over how such an inexplicable and shocking crime could have occurred in what had appeared to be a model church-centered family, the Flyer came across the first chink in that construct. That was when a neighbor family disclosed to senior editor Jackson Baker that Matt Winkler had angrily and without much apparent provocation threatened to kill their dog for wandering over onto the Winkler property.

A similar story was told during the trial by a defense witness — a dog-owner from McMinnville, the Winklers’ prior home. But that was as nothing compared to the testimony from the defendant herself about a lengthy history of alleged mistreatment from an overbearing and often irrational husband. Explicit claims by her of aberrant and oppressive sexual behavior on her late husband’s part were buttressed somewhat by evidence of stored pornography on the Winklers’ home computer, even if specific details (involving garish high-heeled shoes and a garish wig, among other artifacts) were in the “he said/she said” category. The late Rev. Winkler, of course, was well past saying.

There was much else that could be read one way or another, and it was up to a jury of 10 women and two men to unravel the contradictions. In the end, the unraveling produced a dominant thread that most observers had not expected. Jury nullification, as some critics of the verdict complained? We think not. It was a group operating as the dominant conscience of a community, and that, after all, is one way of defining what a jury of one’s peers is and does.

Categories
Letters To The Editor Opinion

Letters to the Editor

Taking Back Our Neighborhoods

Thank you for the coverage of Action News 5’s “Taking Back Our Neighborhoods” initiative (Fly on the Wall, April 19th issue). This is an effort to broadcast strategies that help reduce crime in the neighborhoods of Memphis and the Mid-South. We’re also telling stories generated by our viewers, including the report about the tent at Preston and Waldorf where 50 burglaries took place in a one-mile radius in the 30 days before our televised report on April 4th.

Action News 5’s top brass meets weekly with our new general manager Lee Meredith to talk about solution-oriented crime-fighting stories. I personally research and report the stories you see each Wednesday night on the 10 o’clock broadcast. My colleagues report other “Taking Back Our Neighborhoods” stories as we learn of them throughout the week. In addition, we presented the first of our quarterly “Taking Back Our Neighborhoods” town-hall meetings on April 10th at Rhodes College.

I am also sending a new photo taken last week. I appreciate the circa-1991 photograph you ran in the Flyer, but as you’ll note, I have made it to the barber’s chair since that snapshot. Joe Birch, WMC Channel 5

Memphis

MLGW

We also had a post-dated bill from MLGW (Letters, April 12th issue). We manage a few rental properties in Midtown. Our monthly MLGW water bill is usually less than $120. Last fall, we received a water bill from MLGW for $1,300! We pay our bills every month on time, so how could this have happened? MLGW said they did not bill us enough for the water our tenants used in the past, so here is a new bill, and if we didn’t pay, they would cut off MLGW services to our tenants. MLGW representatives said you don’t get to dispute the bill, just pay up!

MLGW is absolutely the worst run company in Memphis. Period.

Terron Perk

Memphis

Gibbons Responds

I was surprised and disappointed at the Flyer‘s editorial (April 12th issue) on the state criminal case against Dale Mardis for the killing of Mickey Wright. The editorial was filled with false assumptions and misinformation.

We based our decision on 1) the evidence available to us and 2) state law. Based on the evidence and state law, we could not ethically proceed with a trial for first-degree murder because we could not prove Mardis’ act was premeditated. Had we gone to trial, we would have sought conviction for second-degree murder, which was in fact the disposition of the case. Simply put, the case was resolved in accordance with the proof and the applicable law. In return for Mardis’ guilty plea, we avoided any appeals and the possibility at trial of a verdict for a lesser offense such as voluntary manslaughter or even acquittal.

The editorial states that Mardis was a known racist. Key witnesses in the case would have been Mardis’ African-American business partners. The editorial states that Mardis made explicit threats against Wright. There is no clear indication of that. The editorial assumes a certain sequence of events after Wright was killed. There is no evidence to support this assumption. The editorial states that “unquestionably” the prosecution knew “all the unsavory details” regarding the mutilation of Wright’s corpse. This is not correct. We obtained these details in return for Mardis’ guilty plea.

The editorial states that our no-plea-bargaining policy states that we will “never, never ever — so help us, God — entertain a plea bargain in the case of a capital crime.” In fact, the policy states that we will always reduce or dismiss a case covered by the policy when factual and/or ethical circumstances obligate us to do so. That is exactly what occurred in the Mardis case.

The editorial implies that no prior consultation with Wright’s family occurred. That is not correct. The family did not agree with our conclusions as to our obligations. I understand their frustrations. It is frustrating to us as well — admittedly at a different level — when we cannot proceed as we had hoped. We will continue to make our decisions based on the evidence and the law, without regard to whether or not those decisions are popular.

William L. Gibbons

District Attorney General

Editor’s note: See “Victims: Wrights?” for more on this story and a response from Mickey Wright’s family.