Memphis

‘I’m like Rocky’: my day with Pamela Moses after her charges were droppedAfter prosecutors dropped criminal charges against Moses for trying to register to vote, I met her in person – and learned what’s next now that her case is over Get the latest updates on voting rights in the Guardian’s Fight to vote newsletterHello, and Happy Thursday,I’ve been closely following the criminal case against Pamela Moses, who was sentenced to six years in prison for trying to register to vote, for the last few months. But on Monday I met her in person for the first time.We were meeting just days after prosecutors announced they were dropping criminal charges against her, cancelling a scheduled court appearance where she was set to find out if they would retry her case. Even so, Moses insisted that she take me to visit the hulking criminal courthouse in downtown Memphis, a building simply known by its address, 201 Poplar.We went through security and walked downstairs into one of the courthouse’s main waiting areas, where electronic screens on the wall showed defendant names and where they stood on court dockets for the day. It was mostly empty, but on a normal day, Moses said, it’s crowded with Black people waiting to get their cases heard. She walked past a line of people waiting at a clerk’s office and asked a teller if a judge she knew was still around – he wasn’t.We took the elevator up to the seventh floor, which houses the courtroom where Moses’ case took place. When the doors opened, a sheriff’s deputy beamed, gave her a hug, and congratulated her on beating the case. “This man tried to kill me the first time he met me,” Moses said, laughing. She would later tell me he was one of the officers who took her into custody when the bail in her voting case was abruptly revoked in December. Now, she said, they were cool with each other.Back downstairs we ran into Kenneth Brashier, a lawyer Moses has known for a long time. He was beaming too and congratulated her. “Usually you have a cigar when you take a victory lap,” he told her. Moses said she’d take a victory lap once she changed Tennessee’s law around felon disenfranchisement.It was raining, so Moses and I spent the rest of the day driving around Memphis in her car. Waiting to pick up her son Taj from school, we talked about the case of Crystal Mason, the Texas woman appealing a five-year prison sentence for casting a provisional ballot while ineligible in 2016. Moses was stunned to learn Mason’s vote wasn’t even counted.She walked me through several of the criminal and other legal cases she’s been involved in, rattling off an encyclopedic knowledge of judges, lawyers, and other county officials. She’s outspoken and embraces her reputation as a bit of a troublemaker. “I’m like Rocky Balboa,” she said at one point with a laugh. When I asked her what would come next for her now that the voting case was over, she didn’t miss a beat. “I’m working on getting a man of out of prison who’s been there for 25 years,” she said. In her yard, she still has a sign up from her long shot 2019 mayoral campaign. It was that effort that prompted election officials to start investigating her voting eligibility.Earlier that morning, Moses had held a press conference at the National Civil Rights Museum at the Lorraine motel, where Martin Luther King Jr was assassinated. It was the first time Moses had spoken about her case since the charges were dropped. Taj, 13, a tech whiz, helped set up two iPhones to stream the press conference. “I am so lucky to be here with my mom because I am blessed. Other children are not as fortunate as me to have their parents released and have their charges dropped,” he said.Moses said Tennessee should get rid of the form that people with felonies have to fill out if they want to vote, the document at the center of her case. Tennessee has one of the most confusing and harshest felon disenfranchisement policies in the country – more than 450,000 people, including more than 20% of the Black voting age population, can’t vote because of a felony conviction, according to an estimate by the Sentencing Project. She told me she saw her case as an effort to intimidate Black voters.“When it comes to Black people in the south, whatever we do, if it’s wrong, you’ve got to pay for it,” she said. “If there was a white person and I got treated the way I did, I would be just as upset, but you don’t see white people getting treated like that.”Moses also rebuked Amy Weirich, the district attorney who prosecuted the case. Weirich put out a statement on Friday suggesting Moses bore responsibility for her long sentence because she did not take a plea deal. Moses said the statement showed how the prosecutor was determined to get a conviction: “It showed who she is: arrogant, wants to be right. I think it just sounded like she wanted to win.” A Weirich spokesman declined an interview request.Moses urged people to vote in the Democratic primary for district attorney, which is going on right now (two of the candidates, Linda Harris and Janika White, watched from the audience). Afterwards, during a lunch at a barbecue restaurant across the street, Moses encouraged other Tennessee voters to talk to Harris.At the press conference that morning, she mentioned that she had considered committing suicide while she was in jail last year. Later she told me it was connected to the shock of being abruptly taken into custody.“Going to jail is not a bad thing for somebody who’s been before. It’s a bad thing when you’re not expecting it,” she said.Snacking on a steady stream of Jolly Ranchers from her front cupholder as we drove around that afternoon, she pointed out what she sees as deep inequalities in Memphis. Near Graceland, we drove by what looked like a busy voting precinct. People vote there, she said, because there’s money and tourism. Further down the road, Moses pointed out the neighborhood had changed: many of the buildings were abandoned, a consequence, she said, of white flight.“There’s so many things wrong in Memphis,” Moses said. “How dare you waste our tax dollars, waste our time, waste our manpower, how dare you do that? That’s what most people can agree on.”Also worth watching …
Florida Republicans approved a congressional map that severely blunts Black political power in the state. There is already a legal challenge to the plan.
The Florida governor, Ron DeSantis, approved a new law that creates a statewide office to investigate election crimes and imposes other new restrictions.
New York’s highest court struck down the state’s congressional map, saying it was too severely distorted to benefit Democrats.
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New evidence undermines case against Black US woman jailed for voting errorExclusive: Prosecutors argued Pamela Moses ‘tricked the probation department’ into giving her documents – but a new email adds to evidence undercutting that claim Hello Fight to vote Readers,I have an update in my reporting on the case of Pamela Moses, the 44-year-old Black Lives Matter Activist in Memphis who was sentenced to six years in prison for trying to register to vote. The case has attracted significant national attention because many see Moses’ sentence as too severe and a clear example of disparities in the US criminal justice system.Get the latest updates on voting rights in the Guardian’s Fight to vote newsletterThe prosecution’s case is built around the argument that Moses knew she was ineligible to vote because she was on probation, and people on felony probation in Tennessee cannot vote. Indeed, a few months before she tried to register, a judge had issued an order telling Moses her probation was ongoing. But nevertheless, prosecutors argued, she convinced a probation officer into signing a form saying she was eligible to vote and then knowingly submitted the document knowing it was false. “You tricked the probation department into giving you documents saying you were off probation,” W Mark Ward, the judge who sentenced Moses, said in January.Moses, for her part, told me she did not know she was ineligible and her lawyers have said she went to the probation office genuinely seeking clarity about whether she could vote. A new email I obtained through a public records request adds to evidence undercutting the claim that Moses tricked the officer.In September 2019, just two days after a probation officer mistakenly signed a certificate telling Moses her probation was complete, officials at the Tennessee department of corrections investigated how exactly their employee made the error. Their investigation didn’t find that Moses had deceived a probation officer, but rather that the officer had made a good-faith mistake.The review found that the probation officer – referred to as Manager Billington – spent about an hour investigating whether Moses was still on probation. Billington came across a note in Moses’ file noting that in 2016, she had been placed on supervised probation for two years. Even though the system said that Moses remained on unsupervised probation, Billington thought this was a mistake. The person who handled the file, he believed, forgot to close out the case when the supervised probation ran out. That’s why he ultimately signed Moses’ voting certificate saying her probation had expired in 2018 and she was eligible to vote.“Manager Billington advised that he thought he did due diligence in making his decision,” Joe Williams, an administrator in the department of corrections, wrote to Lisa Helton, a top department official. “Manager Billington failed to adequately investigate the status of this case. He failed to review all of the official documents available through the Shelby county justice portal and negligently relied on a contact note from a court specialist in 2016.”Williams went on to note that if Billington had looked harder, he would have found additional documents, issued in 2019, that said Moses was on probation. Williams conceded that it was “tedious” to find some of that information. “The information that Manager Billington had at the time he signed the Voters Restoration was insufficient to reasonably affirm that an offender was off supervision.”Thanks to new congressional maps, most Americans’ votes won’t matterRead moreThe email says that Moses waited in the lobby of the probation office and seemed impatient while Billington investigated. It does not suggest that Moses bore responsibility for the mistake.“They acknowledged that the mistake was theirs in this letter,” said Blair Bowie, an attorney at the Campaign Legal Center, who is providing information to Moses’ defense on voting rights restoration issues. “This really runs contrary to the prosecution’s characterization of the incident as Ms Moses tricking the probation officer.”Claiborne Ferguson, the attorney who represented Moses during her trial, said he had not seen the email before I showed it to him Wednesday morning. He said it was consistent with Billington’s testimony during Moses’ trial in which he accepted responsibility for the error.Amy Weirich, the district attorney prosecuting the case, declined an interview request. “I gave her a chance to plead to a misdemeanor with no prison time. She requested a jury trial instead. She set this unfortunate result in motion and a jury of her peers heard the evidence and convicted her,” she said in a statement.Any acknowledgment of an error from the probation department is potentially significant because it challenges the argument that Moses knowingly voted illegally, experts said. “Mistake of fact is never a defense. But one of the major exceptions is if you’re relying on someone who is officially responsible for telling you whether you’re breaking the law or not then you’re not guilty of a crime,” Bennett Capers, a former federal prosecutor who is now a law professor at Fordham University, told me.When he sentenced Moses, Ward dismissed the idea that an error by the probation department meant Moses wasn’t guilty of a crime. Such an argument, he said, is like saying “a person who obtains money from a bank by posing as another person is not criminally responsible because the bank should have discovered the fraud and not given the money to the thief.”Steven Mulroy, a law professor at the University of Memphis who specializes in criminal and election law, told me he didn’t think that analogy was appropriate.“She was honest about who she was, and she knew that probation would check her records,” said Mulroy, who is also running for district attorney. “A better analogy would be the central bank branch said she had insufficient funds for a check; she doubted it and thought it might be a mistake. She went to her actual bank branch, who checked their records, said she had sufficient funds, and issued her a money order which she then tried to cash.”After reviewing the email, I asked the department of corrections whether it believed Moses had deceived its employee. An agency spokesperson didn’t answer directly.“I can only say that the officer did not conduct a complete review and should not have signed the form, said Dorinda Carter, a department spokesperson. “Corrective action was taken against the officer who mistakenly completed the form.”Bowie said the case spoke to wider problems with the confusing process people with felonies have to go through to get their voting rights restored.“The cost of those mistakes is always paid by the person trying to restore their voting rights,” she said.Brandon Dill contributed reporting from MemphisAlso worth watching …
A North Carolina court approved new state legislative maps, as well as a new congressional map for 2022, after the state supreme court struck down GOP-authored plans because they were too gerrymandered.
The Pennsylvania supreme court also adopted a new congressional plan.
The Texas lieutenant governor, Dan Patrick, caused delays in the processing of absentee ballot requests by telling supporters to send their requests to the state, not local election officials.
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