Black leaders rip Tyson, Mobile for racially-biased prosecutions
By Chip Drago
Mobile Bay Times
The Alabama Legislative Black Caucus, numbering 36 black elected officials, recently put "John Tyson Jr. and the entire state of Alabama on notice" that it will not tolerate "the selective prosecution or persecution of our people ..."
The organization "specifically" cited Mobile where Tyson has long served as district attorney.
The resolution was signed by ALBC Chairman John W. Rogers Jr., a state legislator from Birmingham, but not all ALBC members were aware of it, including Mobile's state Sen. Vivian Figures whose son is allegedly a victim in the case brought by Tyson's office against ex-Circuit Judge Herman Thomas.
The Southern Christian Leadership Conference is set to headline a rally for Thomas Tuesday, June 16 at Revelation Missionary Baptist Church, 1711 Taylor Lane, where the Rev. David Frazier Sr. is pastor.
Thomas is set for trial by jury here Oct. 5. Retired Marengo County Circuit Judge Claud Neilson was assigned to preside over the case. A supernumerary judge was needed after all of Mobile County's circuit judges recused themselves from the proceeding involving their former colleague.
The ALBC resolution calls on the U.S. Justice Department to "review the problem and petition of unfair indictment of Blacks in Alabama and Mobile specifically."
Examples cited were:
- Bishop State Community College where "27 Blacks were arrested in 2007, yet only two have been indicted (by) 2009;"
- Former School Board Commissioner David Thomas who was impeached over spending public monies for Mardi Gras throws and convicted of a felony for leaving the scene of an accident after driving over a girl's foot following a Mardi Gras parade;
- Former Prichard Mayor Jesse Norwood;
- The investigation of the Prichard Water and Sewer Board;
- The "unsigned indictment" of ex-Judge Herman Thomas who is charged in a 58-count indictment with abusing his office including sexual misconduct and the paddling of inmates, one of whom named is Akil Figures.
The group accuses Tyson of not holding "all people to the same standard."
In the Bishop State investigation involving alleged financial irregularities, Tyson with "no evidence" decided who would be arrested, according to the ALBC resolution.
Tyson did not return a call for his comment on the allegations.
Other instances where blacks were treated more harshly than similarly situated whites, ALBC charged, included the David Thomas prosecution in comparison to those of former GOP Sheriff Jack Tillman and his sister-in-law Brenda Pate, who held a supervisory position with the Sheriff's department during Tillman's tenure; and Norwood's prosecution compared to the handling of Creola Mayor Cleo Phillips.
"We have problems in Mobile County when Black elected officials, community leaders and others have not been treated fairly," the ALBC statement reads. "Enough is enough."
Although her name is on the letterhead, Figures said she only found out about the resolution when she returned to her home in Toulminville and found flyers from ALBC in her mailbox, on her front door and on the windshield of her truck which was parked in the backyard of her three-acre lot.
Figures declined to comment on any suggestions that the ALBC may have intentionally excluded her in order to avoid debate over the resolution by involving her prior to its adoption.
"Although I didn't know anything about the resolution before it was adopted, they definitely wanted to make sure I got it because it was delivered to my house in my mailbox which is against the law, unlawful, on my front door step and in the backyard on the windshield of my truck," said Figures. "One will do ya,' ya' know?"
She said she has attempted to find out "how that resolution came about." At the very least, she said, the legislators whose homes are in the area called into question should have advance knowledge of any ALBC initiatives.
Sen. Figures said she would have abstained had she been present when the resolution was considered. She said she has maintained a policy of "no comment" on the prosecution of the ex-judge because her son's position.
"We are sick and tired of being treated as second class citizens," the resolution reads. "We are calling on the state leadership to call to an end the selective prosecution and persecution."
The resolution said today's black leadership has an obligation to future generations to not squander the legacy of "brother Martin," Rosa Parks, the marchers in Selma, protesters in Ingram Park and all civil rights era heros and heroines of yesteryear.
