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Update: Who Heads the MPD?

It may be only a semantic issue, but, then again, there could be legal ramifications from the matter of what title interim Memphis Police Chief C.J. Davis goes by, should she be approved by the city council in its pending retry of her reappointment.

In January, Davis, originally an appointee of former Mayor Jim Strickland, was rejected by the council when then newly inaugurated Mayor Paul Young submitted her name for reappointment.

Young subsequently designated Davis as interim MPD head and indicated he would ask the council to reconsider. Reportedly he will resubmit her name when the city’s ongoing budget deliberations are concluded.

Meanwhile, Young has also announced that he intends to name a public safety director (or public safety advisor). The job’s exact nomenclature, like the timeline for that appointment and the outlines of the public safety official’s intended relationship to the MPD chief, remains somewhat uncertain.

The city charter mandates that the head of police services be referred to by the title “director,” and every supervisor of MPD operations — uniformed or otherwise — since E. Winslow “Buddy” Chapman during the mayoralty of Wyeth Chandler (1972-1982) has borne that title. Except for C.J. Davis, who allegedly indicated a preference for the title “chief’ when she was hired.

No one seems to remember what title was used in the Strickland-era council’s deliberations — nor, for that matter, in the deliberations of the current council earlier this year. But questions arise:

If and when Mayor Young’s appointment of the putative new public safety official comes to pass, will there be a power struggle with the police chief, as there was between Director Chapman and then-Chief Bill Crumby Jr. before Chapman won out?

Unless Davis is resubmitted as police director, does she even need to be approved by the council to continue serving as chief?

Legal briefs

• The ouster trial of Shelby County Clerk Wanda Halbert has been scheduled to begin on August 26th in the court of Circuit Court Judge Felicia Corbin-Johnson, who rejected a motion to dismiss the petition filed by special prosecutor Coty Wamp of Hamilton County. Meanwhile, a motion to suspend Halbert while the case is ongoing was set for June 25th.

• A resentencing hearing for former state Senator Katrina Robinson has been scheduled by Chief U.S. District Judge Sheryl Lipman for September 20th. Robinson had previously been convicted on two wire-fraud charges in connection with her nursing-school operation and sentenced to time served and a year’s probation.

The 6th Circuit Court of Appeals later restored an additional count she had been convicted of before it was thrown out. Robinson, a Democrat, was expelled from the Republican-dominated Senate after her original conviction on the wire-fraud charges. She is seeking a new trial on one remaining count.

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CLA Report: Tennessee Ties For Second Most-Conservative State House

Tennessee and Indiana tied for the second most-conservative group of state lawmakers in 2021 during a “new level of political polarization,” according to the Center for Legislative Accountability (CLA), a conservative think tank. 

The group released findings of a new study last month that reviewed votes from all 7,400 of the country’s state lawmakers from all 50 states. This covered more than 265,000 votes on about 3,500 bills introduced in state legislatures.  

In 2021, Tennessee’s GOP-controlled House and Senate was just barely less conservative than top-ranking Alabama. Tennessee’s lawmakers voted “with the conservative position” (as CLA puts it) 73 percent of the time. Alabama topped the state by one percentage point with 74 percent. 

The CLA tracked dozens of bills in the Nashville Capitol that year, everything from bills regulating art therapists and homemade food to teaching Critical Race Theory and carrying guns without a permit. 

The CLA’s highest (most conservative) score went to Sen. Paul Bailey (R-Sparta) who voted by CLA’s definition of conservative 87 percent of the time. Former Sen. Brian Kelsey (R-Germantown), awaiting sentencing after a conviction on election fraud charges, scored 85 percent. The lowest-ranking lawmaker (19 percent) in 2021 was Sen. Katrina Robinson (D-Memphis) who lost her seat after wire-fraud convictions in 2021. 

Tennessee lawmakers score well on the issues of elections, property rights, education, law, and personal liberty. Their weakest issues are energy and environment and taxes, budget, and spending. 

While the state tied for second in 2021, it ranks at the top of the list for all of the years CLA has been collecting this data. 

Nationally, the CLA report found the nation’s 3,906 Republican state lawmakers voted conservatively nearly 81 percent of the time, up from 76 percent in 2021. The nation’s 3,223 Democratic state lawmakers voted conservatively about 16 percent in 2021, down from nearly 19 percent in 2020.     

“The 64.99 percentage point divide between the two political parties marks the highest level of political polarization since the CLA became the first and only organization to track such data in 2015,” reads the CLA report. 

The CLA report said the least conservative state houses can be found in Massachusetts, Hawaii, Rhode Island, California, and Maryland.  

The CLA is a project of CPAC Foundation and the American Conservative Union Foundation.

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Politics Politics Feature

Snarled in Knots

The Katrina Robinson case, involving the conviction of a Democratic state senator from Memphis on charges of wire fraud, has taken several unanticipated leaps since federal authorities first began their investigation of her last year.

Robinson first came under suspicion for misuse for personal purposes of some $600,000 in federal funding intended solely for a nursing school she was operating. It was on that basis that she was originally charged on 15 counts of fraud. U.S. District Judge Sheryl Lipman dismissed 11 of those charges — an action that raised few eyebrows, since it seemed to make sense in the name of case consolidation.

Subsequently, although Robinson’s attorney Larry Laurenzi, citing an accountant’s figures, would argue strenuously that Robinson’s personal expenditures came from her school’s profits and not from federal sources, a jury convened in Memphis would convict Robinson on four of five remaining charges, finding her not guilty of one.

What remained, as Robinson and Laurenzi meditated on various appeals, were two questions: What would be the ultimate legal consequences for Robinson of the four convictions? And what would be the reaction of the state Senate, which has rules requiring the expulsion of a member convicted of a felony?

A partial answer to the first question is that in January Judge Lipman, in a move that caught most observers by surprise, chose to acquit Robinson of two of the guilty verdicts found by the jury.

And what the state Senate did was debate expulsion of Robinson from the body, which voted 25-7 on party lines last week to do so. Democrats in both the Senate and the House objected to what Robinson, an African American, called a “procedural lynching.” She had sought a delay in any action on expulsion until after the Senator’s formal sentencing on March 3.

Attorney Laurenzi was quoted as saying, “At this time we are considering every option we have to try to get those last two counts removed or dismissed. And we will continue doing that up until March 3.” As of press time, however, no such option had yet been acted on.

But meanwhile, the U.S. Attorney’s office, in a motion filed Friday by acting U.S. Attorney Joseph C. Murphy Jr., is appealing Judge Lipman’s acquittal action on the two jury convictions that were removed.

Given the political context of the situation, it is relevant that Murphy’s ascension to his temporary position was a civil service matter, absent any identifiable political affiliation on his part. Former U.S. Attorney Michael Dunavant, who resigned last year, had been appointed by President Donald Trump on the basis of recommendations from the state’s two Republican senators. Dunavant’s permanent replacement will be made by President Joe Biden, who will lean strongly on advice from Memphis Congressman Steve Cohen, the state’s ranking Democratic federal official. That’s how the federal appointments process works.

In his motion, Murphy objected to Robinson’s “defiant refusal to accept responsibility” and her “extended campaign … to paint herself as the victim [of] racial animus on the part of anyone who dares call her to account.”

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Katrina Robinson Expelled from State Senate

State Senator Katrina Robinson (D-Memphis) on Wednesday became the first member ever to be expelled from the Senate. On a party-line vote, the full Senate approved the recommendation of the body’s Ethics Committee, which had previously voted 4-1 for expulsion, Senator Raumesh Akbari of Memphis being the only nay vote.

Akbari and several other Shelby County legislators had backed Robinson in her efforts to have any such action deferred until after her sentencing hearing on March 3rd. She had been convicted in federal court on two counts of fraud related to her alleged misuse for wholly personal purposes of federal funds intended for a nursing school that she operates. 

State Rep. Antonio Parkinson (D-Memphis), chairman of the legislative Black Caucus, had this to say: “Expulsion of any member of an elected body is never good for our state and our citizens. The expulsion of Senator Robinson is deeply disheartening. Valid arguments were made to allow for the postponement of the decision made by the Senate. The thirty day request to postpone the vote, had it been honored, would have allowed Senator Robinson to complete the legal process and resign if the guilty verdict and sentencing were held up or be voted out based on the rules of the Senate. It is a jolting reminder that we operate in the most powerful building in the land where the rules for citizens, the  governor, the courts and members are made by the ruling parties.”

State Sen. Randy McNally (R-Oak Ridge), who presides over the Senate as Lieutenant Governor, issued the following statement after the full Senate’s action: “While the expulsion of a Senator for the first time in history was not something any of us wished to see, it was a necessary action. The integrity of the Senate is of paramount importance. Senator Robinson was given every consideration and due process. The Senate could have acted immediately following her conviction.

 “The Senate instead allowed her time to pursue every legal motion and all have been considered by the court. The Senate also delayed action in order to allow Senator Robinson time to reflect and resign. She declined that opportunity. The Ethics Committee Report was thoughtful, informative and persuasive. Senators Haile and Stevens clearly demonstrated that Senator Robinson’s actions demanded her removal from the body. While this result was avoidable, Senator Robinson’s actions and her refusal to resign made it inevitable. A sad day for the Senate.”

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Convicted Memphis Senator Attends Special Session

The Nashville-based periodical Tennessee Journal, in noting that State Sen. Katrina Robinson (D-Memphis) turned up on Monday for the first day of a special legislative session, raised the issue of whether Republican members might seek her ouster.

Robinson was recently found guilty in federal court of wire fraud charges in connection with federal funds she received to support her nursing-school operation.

Robinson has asked that the decision be set aside or that she receive a new trial.

Said the Journal: “The question will be whether the GOP now decides to being ouster procedures. Robinson isn’t scheduled to be sentenced until just before the regular session begins in January.”

The special session was called by Governor Bill Lee to discuss preparations for the forthcoming Ford Motor Company plant at the Memphis Regional Megasite — to be called Blue Oval City — and to review Covid-19 matters.

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Judge Lipman Acquits Senator Robinson on 15 Charges


Federal Judge Sheryl Lipman has acquitted state Senator Katrina Robinson of 15 of the 20 fraud charges alleged against her for purported misuse of government funds intended for the use of her nursing school.

The ruling, a response to a defense request for summary dismissal,  was made public late on Sunday, with an oral explanation scheduled for a hearing on Monday morning. The trial will presumably continue on Tuesday for the remaining five charges.

In essence, Robinson’s indictment is for theft and embezzlement of funds disbursed through federal support programs and the misuse of those funds for wholly personal purposes.

More to come as it becomes available.

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Politics Politics Feature

Moving the Goalposts

Among the several factors that may change the political map, in Tennessee as elsewhere, are the numbers from the 2020 census. As a result of them, the dimensions of numerous governmental districts are due to change — with effects highly noticeable in Shelby County and West Tennessee.

Both the 9th Congressional District, which includes most of Memphis and is currently represented by Democrat Steve Cohen, and the 8th Congressional District, which contains a key sliver of East Memphis and is represented by Republican David Kustoff, will have to expand their boundaries to approximate the average district population in Tennessee, which the Census Bureau found to be 767,871.

Inasmuch as the 2020 population of the 9th District was certified as 690,749, and that of the 8th District as 716,347, both West Tennessee districts will need to stretch their limits. The 9th District actually lost 14,376 people from its 2010 population of 705,125, a diminishment of 2 percent. The 8th, by contrast, grew by 11,227 people from 705,120, a gain of 1.6 percent. But, since both districts fell below the stage growth average of 8.49 percent, their boundaries will expand.

New configurations will occur elsewhere in the state, as well — particularly in Middle Tennessee, where several districts that experienced population booms in the last decade will have to shrink. The state’s population as a whole is now reckoned at 6.91 million, representing an increase of something like 564,000 people in a decade. But Tennessee’s growth pattern still lagged behind the national average, so Tennessee will continue with its current lineup of nine congressional seats with no additional seats added.

Again, both the 8th and 9th Districts in Tennessee will have to grow geographically to catch up with the state average of population per district. That will undoubtedly cause some tension and horse-trading as state lawmakers, who must make the determination of new district lines for congressional and state offices, set to the task, which has a deadline of April 7, 2022. (In the case of local government districts, for commission, council, and school districts, the deadline is January 1, 2022.)

The situation recalls a previous significant change in the boundaries of Districts 8 and 9 that occurred in 2011 after the 2010 census. That reapportionment process was the first overseen by a Republican legislative majority, and it resulted in the surrender of a prize hunk of donor-rich East Memphis turf from Cohen’s 9th District to the 8th. Cohen was compensated by territory to the north of Shelby County in Millington.

Given the fact of continued GOP dominance of the General Assembly, the valuable East Memphis salient is liable to stay in Kustoff’s 8th District. The 9th will have to expand somewhere else in the 8th District, which surrounds it — a fact that creates a whack-a-mole situation for Kustoff, who’ll have to compensate, possibly from the adjoining 7th District.

Meanwhile, several legislative districts in Shelby County are seriously under-strength in relation to average statewide population figures. These include state Senate districts 29, 30, and 33 — now held by Democrats Raumesh Akbari, Sara Kyle, and Katrina Robinson, respectively — and state House Districts 86, 90, 91, and 93 — represented currently by Democrats Barbara Cooper, Torrey Harris, London Lamar, and G.A. Hardaway, respectively.

Significant changes are likely to occur also in legislative reapportionment, possibly in the loss of a seat or two in Shelby County.

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Attorney Ben Crump: Kroger Shooting Result of Racial Profiling

Civil rights attorney Ben Crump demands that the Kroger security guard who fatally shot a Black man over the weekend be held accountable. 

Alvin Motley was shot and killed by a security guard at an East Memphis Kroger fuel station Saturday after a dispute over loud music. A day after the shooting, the shooter, Gregory Livingston was charged with second degree murder. 

Crump, who has been retained to represent the Motley family, said at a press conference Tuesday the death of Motley was preventable. Playing music should not be something that’s fatal, Crump said.

“Another unarmed Black person was killed because he was profiled, because of the color of his skin,” Crump said. “How many more times will we have to face these tragedies — these senseless unjustifiable tragedies that leave our children in the morgue and families with holes in their hearts?” 

Crump also added it is Kroger’s responsibility to hire security guards who respect Black customers. 

Crump called for people all over America to go to Kroger and play music for Motley to let Kroger know “our music should not prove fatalities for our children.” 

President of the Memphis NAACP chapter Van Turner was also at Tuesday’s press conference. Turner called the shooting a “cold-blooded murder.”

He invited those in attendance to “say his name.” 

“Let’s make sure that name means something in this community,” Turner said. “We have to let this family know that we aren’t going to forget Alvin Motley. His murder will not be in vain.” 

Turner said Livingston and Kroger need to be held accountable. 

“We’re here today to resurrect justice,” Turner said. “We’re here to resurrect justice for this family and for Black people who have been dying in this country since we stepped foot on these shores unjustly.”

Senator Katrina Robinson, also present, said Motley’s death was a result of systemic racism. 

“Black people, we have to stop meeting like this,” Robinson said. “One may look at this incident and think that it’s isolated. Nothing about this is isolated. This is a result of systemic racism bleeding all the way down from a Kroger security guard.”

Kroger released a statement on Motley’s death Tuesday. 

“We are deeply saddened, extremely angry and horrified by this senseless violence,” the statement reads. “Our hearts are with the Motley family. This tragic incident involved a third-party contractor onsite to provide security services at our Poplar Avenue Fuel Center. We ask all third-party contractors to respect and honor our core values which include respect, diversity, and inclusion. We want to thank the Memphis Police Department for their swift action. The only outcome we seek is justice.”

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New Charges Issued for State Sen. Katrina Robinson

Katrina Robinson/Twitter

Tennessee state Sen. Katrina Robinson was formally charged Tuesday on new allegations of wire fraud and money laundering, according to U.S. Attorney Michael Dunavant.

The new charges rise from an alleged fraud scheme in which Robinson and two associates defrauded a party out of $14,470. The conspirators ran the money through The Healthcare Institute (THI), a Memphis healthcare school Robinson founded and served as director.

According to the charges, Robinson, Katie Ayers, and Brooke Boudreaux conspired to get the money from a known associate of Boudreaux. Boudreaux told the person, identified only as “R.S.” in court papers, that she needed the money for tuition and expenses to attend THI.

“R.S.” gave the money to the school, and ”the conspirators split the money among themselves for their personal benefit and unjust enrichment,” reads a statement from Dunavant’s office. Investigators said Boudreaux was never a student at the school.

If convicted, the defendants each face a possible sentence of up to 20 years in federal prison followed by three years supervised release. There is no parole in the federal system. The case will be presented to a federal grand jury at a later date to consider an indictment against the defendants.This case was investigated by the Federal Bureau of Investigation (FBI).

These new charges come for Robinson after she received a 48-count indictment from a Memphis grand jury in July for theft and embezzlement involving government programs and wire fraud. According to those charges, Robinson “is alleged to have stolen, converted, and intentionally misapplied property of THI for her own use.”