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Heather Ellis, arm-in-arm with her mother, Hester Ellis, exits the Stoddard County Justice Center Wednesday afternoon following a pre-trial hearing in a case that has gained national attention.
Staff photos by Corey Noles |
Case garners national attention, support from ACLU, NAACP and SCLC
A hearing in Bloomfield Wednesday afternoon brought out protestors including members of the American Civil Liberties Union (ACLU) and the National Association for the Advancement of Colored People (NAACP).
The case against Heather Renae Ellis of Kennett has garnered national attention from such groups as she tells her side of a story stemming from a Jan. 6, 2007 incident at the Kennett Walmart.
 |
| Heather Ellis (second from left with head bowed), gathered with supporters in a circle of prayer following Wednesday's court proceedings. About a dozen people representing family, friends, ACLU members and representatives of the NAACP, were present in the Stoddard County courtroom for Ellis' pre-trial proceeding. Leading the group prayer, at left, is Rev. Dwight Montgomery of Memphis, with the Southern Christian Leadership Conference |
As soon as court began, Judge Joe Satterfield made it clear that he would not tolerate any bad behavior in his courtroom.
"I know emotions have been high in this case," he said. "However, any outbursts will be dealt with swiftly."
Appearing alongside her attorney, T.J. Hunsaker of Rosenblum, Schwartz, Rogers and Glass out of St. Louis, Ellis went before Judge Joe Satterfield to take up motions as the court prepares for a November trial.
Among the motions in question was a Motion in Limine filed by Dunklin County Prosecuting Attorney Stephen Sokoloff prior to the court proceedings.
The motion asks the court to prohibit statements in front of the jury regarding several points.
Among those are the general reputation of the victim (law enforcement officers alleging assault), dishonesty of witnesses, evidence of other complaints or accusations against victims relating to previous arrests, any evidence of matters claimed to have arisen at the police station after the arrest, evidence of the purpose of Ellis' trip to Walmart, character evidence of defendant except by general reputation in the community, testimony on the impact of the incident on the defendant and asks to strike the testimony of three witnesses who have reportedly been uncooperative.
The order also requests that Ellis refrain from "wearing or displaying any religious symbols or religion-specific clothing or any testimony relating to the defendant's faith, religious beliefs or training."
Because the document was only filed shortly before court, Satterfield gave Hunsaker until Nov. 4 to file responses to the state's requests.
Satterfield also made it clear that, as far as he is concerned, the Nov. 18 trial date will stand.
"I fully intend to proceed with trial on that date," he said as he stressed to the attorneys the importance of having all motions returned on time.
The case will be heard in a Dunklin County courtroom next month.
Note: The nature of the Internet makes it impractical for our staff to review every comment. If you feel that a comment is offensive, please
Respectfully, its a shame that this has been blown out of such proportion. Seems quite clear the young woman is in the wrong.
Come on, Heather Ellis your 5 min of SHAME is up.....
Absolutly ridiculous. Cause a scene in a public place, assault a police officer, and then to call in Race groups to defend yourself? I would be ashamed of this, for myself and my family. Why is it the majority of blacks who get into trouble call groups to come help them, and those groups are all black as well? But yet, you dont see Chinese, asians, whatever doing this. Then they throw a fit over the KKK? I guess the only ones who are allowed of thier color are blacks and everyone else is just racist. This is just ticking me off .
How completely ridiculous. This family has caused enough trouble already. We all make mistakes. Just face the consequences for the mistake of acting like a complete fool and stop changing the story for every newspaper in the area. What a waste of time and money.
Your comments make me sick; and I'm not even black. I'm sure you'll have more excuses for the bad behavior of the police, court officials, and everyone else who thought a mistake by this girl warranted such out of line behavior on the much older assumingly much more mature group of adults. Did this young lady make a mistake? Of course she did; but, you are acting like she should pay for every black individual who has ever done something inappropriate. You are wrong for your attitude toward this. I don't care how much "blacks" have cried wolf and how much they mess up and expect to be excused for their behavior, this is not the case here. She might would be the first one to tell you she probably wishes she would have done something a little different as she stood in line at wal-mart that night, but give me a stinking break! 3 to 5 cops to one girl and she assaulted them - if that's the Truth and Nothing But The Truth, then those cops need to find new professions!!!!! You're right about one thing, this got blew way out of porportion and it stinks, but not in the manner you're making it. You're the same kind of people that think if you're a dope dealer you deserve to get some ribs broken and kidneys bruised from the beating law enforcement gives you while you're in handcuffs! One thing for sure; there will come a day when this whole situation will be recollected to your mind and how cold you were without calling wrong what it is and only choosing to see one side of things, the "best color side", and hopefully you will regret your hateful and selfish mind-set. You truly have NO CLUE of even an ounce of truth behind this case. I would be ashamed for me and my family too if I were related to you all who have commented thus far! You are a disgrace to justice and liberty!
Wow, concerned, that was a fine speech, but I have to say (as an outsider), I thought the above comments on this story were remarkably controlled and rational, compared to the lambasting that arrest reports usually receive on other nearby newspaper websites.
However, I do appreciate your sense of fairness and compassion.
The comments of "concerned" show exactly why we need, and should be thankful for, a sensible prosecuting attorney such as Sokoloff.
Otherwise, others would be allowed to get off for their uncivilized behavior by yelling like some little baby.
The girl deserves jail time, and then I would guess she will learn to control her little baby like temper, and learn we don't do that in the today's society.
If she wishes she had done something different, then why dont she just handle her punishment and apologize? But no, we got racism thrown in, by her, and all these "color groups"...now does that sound like someone who wishes she done something different?
Concerned, are you sure you have "even an ounce of truth behind this case?"
Concerned, get a life. Cry babies like you are the reason we have to tolerate such nonsense as this case.
Well this the only case i can agree with sokolf on. They dropped the case and then miss Eilis goes to all avenues open to her as a black lady for which she didn't act as one. And starts in again IT IS BECAUSE IM BLACK no it is cause of her ignorance period as for the cops 5 of them that is the way they approach all suspected crimes and i would bet my bottom dollar she is looking to sue the k.p.d in turn new charges of on same crime . The security tapes do not lie. i am just thank full i was not the patron whom she shoved the merchandise out of the way so she could demand to check out she would have not been the in lime light She would have carried a beating for her behavior. If i had been the one.You can check the statistics crime and on no need to mention the percentage. Just put your mind at ease The blacks have more equality than any whit people and damn sure will use the race card all of them I personally hope she gets the full 15 for her behavior and maybe it will serve as a example to the rest of the colored people and they will stop walking in the middle of the roads and standing on the corners selling crack and getting by with it. Also any time you even touch a cop verbally speak to a cop or threaten that is a crime black white green yellow it is a crime, To all blacks reading this act with a little civility and you might get treated with the respect y'all seem to desire Way to go k.p.d and sokolov
I bet there is a lawsuit in place as we type! Why do we not get the same groups for the minority which as of now is white.Don't let her win which she cant because she will sue the city of Kennett.
As always, the truth is probably somewhere in the middle.
Blacks: Everything that happens badly is not always because of racism. Chances are, if you look honestly at the situation, you can find something you did to personally contribute to what happened.
Whites: A racist act doesn't have to be a KKKer yelling racial slurs in the middle of the town square in front of a lunchtime crowd. It can be subtle. And, as a black man, I am SICK and TIRED of the "all" and "you people" generalizations in your comments about blacks. We are just as diverse as anyone else and it's a damn shame that I even have to type this.
The way I see it, the media would have you believe race relations are horrble and everyone hates each other. On a personal level, things aren't that bad as people with ethnic and racial differences work together, laugh together and live their lives. Let's go from there and thanks for listening.
One of the reasons there were five peace officers is this; If there are many peace officers it is much easier to subdue a person resisting arrest, without injury to eithor officers or the arrested.
This young "lady?" appears to be a good sized person. One officer, even two, might not be able to arrest her without injury to either party.
RULE 25.03 MISDEMEANORS OR FELONIES DISCLOSURE BY STATE TO DEFENDANT WITHOUT COURT ORDER
__________
(8) If there has been any photographic or electronic surveillance (including wiretapping), relating to the offense with which the defendant is charged, of the defendant or of conversations to which the defendant was a party or of his premises; this disclosure shall be in the form of a "WRITTEN" statement by counsel for the state briefly setting forth the facts pertaining to the time, place, and persons making the same;
"IF" the prosecuter released the video to the news media, it would possibly prejudice the jury. The media and all involved know this. I sense a bit of "grandstanding" going on in order to set the stage "for trial by media" The prosecurer is directed by law to issue a brief "WRITTEN" summary of the video contents.
Step One: Arraignment
Once an attorney is retained, arraignments for felony cases take place in open court. The defendant has the opportunity to have the charges read against her and can plead either guilty or not guilty with certain exceptions.
Step Two: Preliminary Hearing
When a person is charged with a felony offense she may have a preliminary hearing which will be held before an associate judge of the circuit court. The defendant may present evidence on her own behalf and may cross-examine witnesses against her. The judge must decide if there is probable cause to believe that the felony was committed and whether there is probable cause to believe that the defendant committed the felony. If the judge finds probable cause, or if the defendant waives the preliminary hearing, she will be "bound" over for trial. If from the evidence the judge does not find probable cause he must discharge the defendant.
Step Three: Discovery
Discovery is the right of the defense to obtain access to evidence necessary to prepare its own case. This process "officially" begins after the preliminary hearing for felony charges.
Step Four: Plea or Trial
If a defendant chooses, she may plead guilty as opposed to proceeding towards trial. Often, a defendant may opt to engage in such a plea if she is concerned that if she takes her case to trial she could be found guilty and receive a harsher sentence than what is being offered by the State.
If a defendant opts for trial, evidence is presented in front of a Judge and/or jury. If the State cannot prove beyond a reasonable doubt that the Defendant is guilty as charged then she is acquitted. If the State has met its burden, however, then the Defendant will be sentenced accordingly.
We are just entering the "time for Discovery" if I understand the order properly. See step three.
Discovery is the pre-trial phase in which each party can request documents and other evidence from the other parties and can compel the production of evidence.
Criminal discovery is much more focused on automatic disclosure principles, which if found to be violated, will trigger the dismissal of the charges.
There is either video evidence or not. In my opinion, the best chance for this young woman to prove her innocence is a video showing irrefutable proof that her version of events is true. If not, then it is her word against many witnesses, which include peace officers.
As a side note, how injured does a person have to be to have suffered battery? My answer is:
Criminal battery, or simply battery, is the use of force against another, resulting in harmful or offensive contact. It is a specific common law misdemeanor, although the term is used more generally to refer to any unlawful offensive physical contact with another person, and may be a misdemeanor or a felony, depending on the circumstances. If I understand correctly, if an officer is the battered, it is considered a felony.
Ignorance of the law is not a defense which will win. If aggressive contact was made and is proven in court, she will be found guilty of felony battery on a police officer.
I hope this young lady gets some good advice. I would advise her to consider "IF" her actions could be seen as they were reported, by police and witnesses. I would point out that "SHE" started this chain of events.
Next, I would advise her to meet with the prosecutor and judge. I would explain to the court that good, decent people may have different views of the same event. Further, I would offer to review the tape, and if my actions appeared to support the charges, I would accept the charges and throw myself upon their mercy.
I would apologize for my behavior and admit to being caught up in the moment; in a situation unbelievable to me. I would offer to go on TV in order to repair the tarnished reputation of my town.
Now that would be leadership. Imagine, a young lady going on TV and admitting to a mistake. "I was caught up in the event at the time, and my memory of the events failed me. I have since come to believe that I did, in fact, act as charged, and I regret my actions. I apologize."
I have to believe that the courts are interested in truth and justice, and the above actions would go a long way toward mitigating her actions in my eyes.
Some people make cutting remarks, but the words of the wise bring healing.~ Proverbs 12:18
A soft answer turneth away wrath: but grievous words stir up anger.~ Proverb 15:1
A man who lacks judgment derides his neighbor, but a man of understanding holds his tongue.~ Proverb 11:12
He that covereth his sins shall not prosper: but whoso confesseth and forsaketh them shall have mercy.~ Proverb 28:13
But it will go well with those who convict the guilty, and rich blessing will come on them~ Proverb 24:25
Ok, I must say I was a bit taken a back from some of the comments posted... But nevertheless folks are entitled to their opinions; I just hate to think there are so many closed minded and just plain ignorant people who seem to think that this female deserves what she is getting. Suppose this was a sister, aunt or mother of yours? Would you feel the same? I doubt it... To those that believe the race card is pulled out of convenience, get over it... Even if it is, this sometimes does happen.... SO WHAT?? Have all forgotten about the years of oppression suffered by many and still felt among the black community today. It's like the "other" race wants us to forget because they like to. But unfortunately it's not that simple for the black community. The fact is nobody really knows what happened in Wal-Mart that day besides the people that were there, but if cussing and fussing with whomever, whether it's a police officer (ever see a white person get pulled over on an episode of Cops and go ballistic without ever being arrested!) or the security guard warrants 15 years in jail there is something definitely wrong with out justice system. Seems like it needs to be renamed to the JUST US System!!!! Minorities excluded!!!!
Let us not forget that the charges include felony assault on a police officer. There were many witnesses, and written statements were taken afterwards.
Legalbegal, on the episode of cops where you have seen a white person yell at an officer, did the white person assault the peace officers? Or did the white person follow lawful orders and produce a drivers liscense?
Citizens have the right to free speach, but not the right to disturb the peace, trespass after being told to leave, resist arrest, or batter an officer.
Legalbegal:
So, claiming racisim is ok? I say that Affirmative Action is real oppression. It affects ALL whites, regardless of their actions.
I'll give you your own advice on oppression. "Get over it... Even if it is "oppresion", this sometimes does happen.... SO WHAT??"
If you look on Missouri Case.net, Ms. Ellis had a protection order placed against her in 2004. Perhaps violence isn't out of the ordinary for her?
This story is absurd. This young woman was given 2 felony charges for cutting in line at the local Walmart?? The authorities and Walmart employees from this small town in Missouri must have nothing better to do with their lives. This injustice just goes to show that "equal rights" and the practice of the law in this country varies according to race/color of skin and often wealth/social status. The prosecutor should be suspended from his duties. Or better yet he should focus on real criminals (i.e. rapists, murderers, child molesters, robbers...)
Assault is a real crime. When the assaulted is a police officer, it is a felony.
It was more than just cutting in line. She was called out for it and her subsequent behavior resulted in the police having to be called. In the process, she ended up assaulting police officers. There is quite a bit to the story. This young lady could have avoided all of this if she displayed the courtesy, respect, and manners who parents say they taught her.
Wow, when did we become a nation that no longer cares about the oppression of our fellow human being? If you were oppressed daily would you simply just sit back and take it?
Assault on an officer is a crime and should be punished. Simultaneously, 5 officers who use excessive physical force to arrest 1 women should be punished. It is also possible that this woman was wrong while the officers were simultaneously racist. Both injustices should be addressed. If the prosecutor decided not to address the inappropriate actions of the woman, it doesn't mean that she should drop her case. Lastly, I've read so much intolerance in these comments and a lack of brotherly and sisterly concern that I am disheartened by the state of our society.
"he who is without sin, cast the first stone", if any of you people who have chosen to go after this presumably innocent until proven guilty suspect, has never ever lost your cool...Maybe over reacted a time or two, Swore at someone.... If you can honestly say you've never done it, you've got room to speak the others are taking this as an opportunity to "vent", to... Say all the things they feel about the blacks, the "colored's". They feel these hateful feeling towards African Americans. But still somehow you've managed to bite youe tongue when you have a face to face encounter with "them". When you go to work, we're there! We might be in your office(a co-worker), or in the school when you go to pick up your children, at your local grocer, and probably live directly next door to you or across the street? But we're there! Funny you all never seem to seize the opportunity to tell us to our faces how you feel... Why? Because of FEAR! The same fear that makes you hate us makes you afraid to walk up to one of us and say what it is you feel! Well, time will tell whether or not this situation well end up on the list of high profile cases due to race. I think maybe she was on her menstual cycle...it makes me absolutely crazy, resulting in all kinds of mishaps, large and small.... Just try saying those things to our face...You might learn something.
Is this the case where you get 15 years for
cutting the line? She need more help than
she have. They got it in for her, or she is Blacker than she look.
Here we go again! I'm back again, watching and printing stories from your newspaper concerned about the line between the blacks in kennett and the whites. I'm from there and until I moved away, i never really realized how divided and prejudice people really were. People in the town only comment on certain stories...I guess because they have nothing better to do or to talk about. Of course there are those of you here who do not have a prejudice bone in your body and you are much happier with yourselves than any of the others who know nothing but to criticize others.
One day you will have to answer to God and I will pray for you but I will not ask him to have mercy on your soul!
If she wasn't a raciest. There would not be all the activist showing up . She should have took the deal.
I was raised in Kennett and weekly get on the DDD
website to read the latest news. I am not aware of
the events that occured prior to this article, but
have picked up on the fact that there was an in-
cident at Wal-Mart. Would someone please email me
the whole story????????????
THANK YOU
with all the "real" problems in the world, much time and money are going to be spent on this trial. Regardless of what happens, this is an example of someone making a mountain out of a mole hill.
Spud, you are absolutely correct. Ms. Hill had the opportunity to take a plea deal but left the city with no other options but to prosecute. Her arrogance and lack of responsibility and accountability will cost our city more than it should. The city has no choice. It has to prosecute. People shouldn't get away with breaking the law just because of money. That's a precedent we do not need to send.
We have laws in this country that everyone is required to follow. Victim-hood does not excuse you from following them. These radio DJs like Michael Baisden and others need to research their facts first before they air misinformation over the airways regarding this case. Michael Baisden is telling his listeners that she is only being charged because she skipped the line at Wal-Mart. He left out the part that she fought with the police officers, then add in the supposed threats from the KKK and you've got instant support from the community. Well, I can't support anyone who does not follow the law, period! I don't care who you are, we have rules in this country and I'm tired of people drumming up support for criminals and for people who break the law. And they wonder why crime is rampant in our communities? Lawlessness, codling, and protecting teens and adults who break the law needs to end now. The Civil Rights Organizations can reach out and take a stand for this type of nonsense, but choose to ignore the serious issues of crime that are destroying our communities and this country. Take a stand against lawlessness and the lack of discipline which is now being seen in almost every home in America, then maybe I'll support you. I hope that Wal-Mart doesn't give in to coercion from the family or from the Civil Rights Groups. Believe me, they will not stop shopping at Wal-Mart. Racism is not behind the wrongdoing that so many people commit. Wrong is wrong and no, I never will support wrongdoing. If she's given the time limit that is quoted over the Internet, I'm sure she won't do the entire time.Again this is a valuable lesson to parents and it's time that the majority of you get back to raising your children before the penal system does.
Come on, let be honest. There is no way in the world that this young lady should be facing 15 years in prison. No one has seen the surveillance tape from Walmart that day, and why are they hiding it. I think this was blown out of proportion the second that Heather was denied service. What should have happened that day is if they were refusing to serve her she should have been escorted out of the building, but I we all know it was not handled that way. If she did wrong she have went to jail for a night or two, but there is no reason for her to be facing prison time. The prosecutor in this case won't think it is such a good case to pursuit after he is disbarred.
Heather was not denied service. She was told to wait her turn and she didn't want to. She's the one who got all bent out of shape when Walmart was making her be respectful and courteous to those who happened to be in line before her.
Walmart did try to get her to leave. If she would have done so peacefully, we wouldn't be talking about this.
I do agree that if Miss Ellis did wrong she should be punished. Surely,she won't get 15 years. But she should be given a fair trial and alot of blacks are not given that. Then when you have a prosecutor to get mad when you don't sign a plea deal to say you are guilty, so he wants to teach her a lesson. Sounds like he wants to try to win a case to me. Its all about the money and who you know. If she had the money she wouldn't have to worry this would be swept under the rug. Isn't that how its done?
Lilmissbossy, do you like black people?
Excuse me folks, Ms Ellis didn't rob anyone, didn't steal anything, didn't kill anyone. She committed no crime in WalMart. I repeat, she committed no crime in WalMart. She left her place in one line and joined a relative or friend in a faster line. Criminal behavior? Only in the mind of a total control freak,or someone completely irrational however, what she did, it isn't against the law.
A WalMart employee called security and the young woman rightly got upset and expressed herself. Oh, wait a minute, I believe that is called...Free Speech. When the police arrived, and I'm still trying to figure that one out, (the police because a woman with no weapons was angry and irate!), she continued to express her disbelief, anger, and disgust that she was now caught in an Alice Down the Rabbit Hole kind of moment. (I can just see her, inwardly wondering, What the Heck..."I was just shopping five minutes ago." I bet while it was happening,there was a part of her that was in disbelief. Heck I'm in disbelief my darn self.)
Now some of you good people here have responded in ways that make me think that you believe that when it comes to the police, we no longer have the right to free speech, to express ourselves. You believe that cops armed with guns, mace, bully sticks, handcuffs, and a badge were so threatened by her, intimidated even. If so, then there's a bigger problem in your town than one irate, angry young woman.
So is this America or what? Or is it that only some of us have the right to express ourselves, albeit even angrily to police whose salaries we pay?
Here's where the train completely falls off the track, totally, completely, absolutely. Y'all think it's okay that this young woman could go to jail for fifteen years for jumping the line in a store? Huh? Really! Y'all think that what happened that day is on par with murderers, rapists, drug dealers, robbers, and violent criminals. Many of whom stand a chance of getting out of jail before she would. And if it were your kid, you'd tell her to suck it up and just do your time, take responsibility?
Yeah, riiiight. I might have been born yesterday but believe me, I lived all day long and that dog, that dog don't hunt. I'm not trying to say you're racist, or that you don't care about or like black folks, no, I'm just saying you're not honest with yourselves, not one whit, not one iota. I'm just saying that if you really believe what you've written then you've got some serious issues and should seek help, really.
I never heard of anything so ridiculous. This in no way is going to help your travel industry.
No one in the history of humankind has ever gone to jail for cutting in line, otherwise there'd be a bunch of locked up third graders. Citizens of Kinnett, if you let your law enforcement and courts abuse their power in this situation, there will be nothing to stop them from abusing their power against everyone of you. Power corrupts and absolute power corrupts absolutely. This case sets precedence giving them authority to take away your life and livelihood which would have been your inheritance to your children's, children.
An honest and honorable person can "deserve" to be treated like a criminal, for mowing their lawn 'just b/c' unethical people are covering their own illegal activity by putting your hiney in lock down. Did they move Gitmo to MO? This is unconstitutional and unpatriotic. Fascism is dictatorial leadership that uses force to suppress opposition through abuse and brutality. Do not complain when you become the defendant..
I read the Officer's comment who gave Ellis' Grandmother the KKK Calling card...Is that who speaks for local government in this little town?
We know darned well that WalMart trains their employees in good customer service and how to handle unreasonable customers. Banging their head on a police cruiser is not in the training manual. The guard who worked for Walmart and the local police should be fired for placing the coorporation in a liability situation like this.
The clerk and the store managers need to lose their jobs too for placing this nation-wide chain in this horribly racist light. Sending Ellis to jail won't prevent somebody from suing Walmart in a Washington DC federal court. Game Over!
There are limits to free speech - especially on private property. Heather crossed the line. She ASSAULTED police officers. She deserves time for acting so stupidly.
Police report...
http://cnnac360.files.wordpress.com/2009...
Hope she gets some jail time so she can learn an appropriate lesson.