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Editor's note: As reported in the May 2000 N&L, former deputy jailer
Earley
Story was framed on drug charges after having testified against the Shelby
County Sheriff's Department in the case of a racist beating of prisoners by
officers. Here is an update on his case.
Memphis, Tenn.-I took a stand for justice, against brutality in the Shelby
County jail. I guess the powers-that-be said: Well, we're going to show
this n----- his place. And we're going to get these five other guys too. I
have a tape of the undercover officer admitting to framing us. When I
turned the evidence over to my attorney and the District Attorney's office,
instead of dismissing all charges, they dodged our court date.
The judge would not allow the tape to be heard by the jury. This was Judge
John P. Colton Jr., the same judge that Tennessee used for Philip Workman
(see May 2001 N&L). The judge didn't say why he would not allow it. I
insisted to my lawyer, who was forced upon me, that that tape be played.
When I found out that they weren't going to play it, I was outraged. I got
convicted on one of three counts.
When Bernard Kimmons, a jailer, went to trial, his lawyer 100% didn't
represent him. I turned the tape over to his lawyer. He faked like he would
use it, but he refused to. This man got convicted on all five counts.
Then Victor Campbell, another jailer, got convicted on three counts. When
the confidential informant took the stand and made a statement about making
phone calls, the groundwork was laid. Campbell told his lawyer he wanted
the tape played. Judge Colton called for a recess and sent the jury out. He
started going off on me and threatened to put me in jail. He said I was
withholding evidence. I told him, I've been trying to get that tape into
the court for over a year. We've got a lot of other evidence but that tape
is just 100% solid evidence that we were framed.
I gave that tape to newspeople too. Every day in Kimmons' and Campbell's
trials, a reporter was there from the MEMPHIS COMMERCIAL APPEAL. And she
didn't write anything on it. When politics is so crooked and so powerful
that it can even control the news media, that's a dangerous thing.
These folks got power, but they ain't got all power. That's why I'm going
to continue to fight. It is really sad when people that are supposed to
uphold the law just blatantly ignore it. It's total disrespect that my
children may have to give their lives for this country, and this country
doesn't care enough about me to give me a fair trial, let alone to
completely give me my freedom back.
Although my skin color had a lot to do with it, it's not just my skin
color. We have some Blacks in power that will do anything for money. And
people like Judge John P. Colton Jr., District Attorney Bill Gibbons, and
others in Memphis know that. I wish I could tell you that this will be over
tomorrow but it won't be. I can only reassure you that I'm not giving up my
fight.
-Earley Story
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