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* While the world mourns the loss of Nelson Mandela and celebrates his amazing and purposeful life, it’s important to remember that we still have some real racial problems right here at home. Take, for instance, eight-term Williamson County State’s Attorney Charles Garnati…
The top prosecutor in a southern Illinois county is facing a legal ethics case because of racial remarks he made that derailed a murder trial.
Williamson County State’s Attorney Charles Garnati violated four legal ethics rules and “tends to defeat the administration of justice or to bring the courts or legal profession into disrepute,” contends the the Illinois Attorney Registration and Disciplinary Commission in a Nov. 6 complaint that was made public on Wednesday. The defendant, who is black, was tried before an all-white jury in July 2011 and sentenced to 85 years before his conviction was reversed on appeal, reports the Chicago Tribune.
“Now in our white world, ladies and gentlemen,” said Garnati at one point during the trial, as he drew a distinction between the way the two races deal with police.
* The full ARDC complaint is here.
This is what Garnati told the all white jury in his opening statement about two black witnesses who had recanted their testimony…
“And you will see, ladies and gentlemen, that there are some, not all-there are many good people in the black community, but basically you will see that there are a few in the black community who refuse to cooperate with the police even when a murder happens right under their nose, and those people have a habit of intimidating, harassing, sometimes threatening anybody who they think is cooperating with the police. That’s what makes this case so difficult, ladies and gentlemen.”
* And this is what Garnati told the all white jury in his closing about those two black witnesses and the black defendant…
“But I think what is most crucial in deciding this case, in deciding the credibility of Jodie Lacy and Crystal Blye, and in deciding most of the other issues in this case, is to understand the culture of the black community here in Marion.
“Please, you have to keep in the back of your mind how many people in that community feel about law enforcement. You have to understand and keep in mind how they react to the police and to the prosecutors. Sometimes for people like us, that’s hard to understand. People were brought up to believe that the police were their friends; that when something happens, when we are in trouble, that the police are our friends. And that’s where we go to get help from is the police when bad things happen.
“But in the black community here in Marion, it’s just the opposite. Most-for whatever reasons, most of these people were raised to believe that the police and prosecutors are the enemy; that for some reason, we are always out to get them. In their mindset, the biggest sin that you could-that you can commit is to be a snitch in the community. The biggest sin that you could commit is to ever cooperate with the police on anything. It’s a sin to even cooperate when one of your own people gets brutally gunned down and is left to bleed to death.
“And I am not saying that the whole black community is like that, ladies and gentlemen. There are some very good law[-]abiding citizens in that community here in Marion. But the evidence has shown that again, for whatever reasons, there is an intense dislike and even hatred for the police. And this group of people who feel that way make it extremely hard on the people who are law-abiding and want to do what is right and who are willing to come forward and give information that they have when a crime has been committed . . .
“Now, in our white world, ladies and gentlemen, our automatic reaction in that type of situation, if somebody gives a statement to the police and then later on changes their story, the automatic response would be that that person is not trustful and that there is a problem with their credibility.
“But again, please look at their testimony and what they did and what they didn’t do through the eyes of the people who are raised, again, to feel that the police are always against them and that they cannot trust the police.”
* More…
“They both stated that the defendant — that (victim) LaQuinn Hudson was backing up. He kept saying, ‘I got nothing. I got nothing.’ He not only said that, but both of them said he raised his white T-shirt up to show his waist band that he had nothing. OK? And in the black community, that is where they keep their handguns is in their waistbands, ladies and gentlemen, with something covering it. They don’t just walk around with it in their hand or, you know, sticking out of their pocket.”
* Months after the Chicago Tribune made a big deal out of this, Garnati eventually back-tracked and agreed the defendant should receive a new trial.
* What happens next…
The Illinois Appellate Court… ordered [a] new trial in September.
The case against Garnati will go to a panel of the disciplinary commission’s hearing board, which will hear evidence and make recommendations for any discipline. The Illinois Supreme Court makes the final decision on attorney discipline cases.
Steve Greenberg, a Chicago attorney who handled Marshall’s appeal, said that he had made a complaint to the disciplinary commission.
“I think anyone who espouses those racist views is unfit to be the state’s attorney of a county,” Greenberg said Wednesday. “Imagine how many charging decisions over the years were racially motivated in the (time) he’s been state’s attorney.”
Ugh.
posted by Rich Miller
Friday, Dec 6, 13 @ 12:15 pm
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Rich,
Thank you for using the word “racist” in your headline rather than the weaselly euphemism “racial”.
– MrJM
Comment by MrJM Friday, Dec 6, 13 @ 12:22 pm
You’re welcome, MrJM. I thought about using the phrase “southern cracker” in the hed as well, but decided against it. lol
Comment by Rich Miller Friday, Dec 6, 13 @ 12:23 pm
Wow!!! That’s all I can say to this kind of stupidity.
Comment by Norseman Friday, Dec 6, 13 @ 12:24 pm
Racism in So Ill??? Why that is soooo hard to believe.
I imagine Bradley doesn’t enjoy this headache in his backyard. Garnati is an old coot who needs replaced.
Comment by Under Influenced Friday, Dec 6, 13 @ 12:33 pm
I hope the ARDC punches this guy’s ticket.
Comment by Roland the Headless Thompson Gunner Friday, Dec 6, 13 @ 12:38 pm
Hard to see why some black people would think the justice system in Williamson is against them.
Garnati said in a statement that it was “fair and proper” for him to admit error in the case.
Yeah, an error. A rookie mistake by Illinois’ longest serving state’s attorney — since 1984, in fact.
Error, over and over and over again. Not blatant racism from a defender of “our white world.”
Because, as we know, when Outlaws and Hells Angels and Aryan Nation members are facing murder charges, those in their “white world” give them up in the name of truth, justice and the white American way.
Comment by wordslinger Friday, Dec 6, 13 @ 12:40 pm
But, hey, he at least acknowledged that there are “some” good people in the black community, and that he’s not saying “that the whole black community is like that.” (i.e, refusing to cooperate with police. What a stand-up guy.
Actually, I guess I shouldn’t joke about it. There really is nothing funny about this kind of blatant racism. It’s truly jaw-dropping. I agree with Greenberg - Garnati is unfit to be a state’s attorney.
Comment by ??? Friday, Dec 6, 13 @ 12:40 pm
between this guy and Jim Allen from Montgomery county, they are giving the good ole boys down south a run for their money.
as Dave Chappelle would say that kind of racism “is just perfect, stewed to a perfection, it’s comfortable, it’s out in the open, there are no secrets in Mississippi, everybody knows the deal.”
Comment by PoolGuy Friday, Dec 6, 13 @ 12:49 pm
Hard to believe, since we live in a post-racial America ’cause we elected a black president twice.
At least, that’s what I’ve heard from the right…
Comment by Wensicia Friday, Dec 6, 13 @ 12:54 pm
The only difference between Garnati and a lot of other prosecutors, including many north of I-80, is that he said out loud what they’re thinking.
Anyone who wants to see racism at work in the criminal justice system should sit in a collar county bond court sometime, and notice the disparity between bonds set for similarly situation black and white defendants.
Comment by Joan P. Friday, Dec 6, 13 @ 1:05 pm
Unbelievable! Reading his words would lead one to think they were somewhere in the deep south when Jim Crow laws were at their zenith. This guy has to go!
Comment by Kerfuffle Friday, Dec 6, 13 @ 1:06 pm
BTW - Where was the judge in all this? Shouldn’t he have reigned the guy in?
Comment by Kerfuffle Friday, Dec 6, 13 @ 1:13 pm
Rich, I know you have respect for Southern Illinois. You grew up rural. However forgive me if I don’t appreciate the humor in the “Southern Cracker” remark above. It’s your blog, but it sounds like something that if posted by someone else other than yourself would be headed for the comment deletion heap.
Comment by John A. Logan Friday, Dec 6, 13 @ 1:14 pm
“It’s good to be the king.”
– MrJM
Comment by MrJM Friday, Dec 6, 13 @ 1:18 pm
Williamson has quite the bloody history. Back in the 20s bootleggers were fighting each other, plus the Klan, which backed Prohibition.
Here’s an interesting episode when the “community” didn’t see anything.
In the 1922 Herrin Massacre, 20 strikebreakers in the coal mines were murdered. Some of them were tortured to death with up to one thousand witnesses.
Two trials, all acquittals.
http://en.wikipedia.org/wiki/Herrin_massacre#The_Chase_and_Massacre
Comment by wordslinger Friday, Dec 6, 13 @ 1:19 pm
===However forgive me if I don’t appreciate the humor in the “Southern Cracker” remark above===
He’s not a cracker?
Comment by Rich Miller Friday, Dec 6, 13 @ 1:22 pm
In a sense, States Attorney Garnati performed a public service by reminding us that racists and racism still exist in 2013 among the most educated and politically powerful members of our communities.
Comment by Cook County Commoner Friday, Dec 6, 13 @ 1:33 pm
Is it Deja Vu all over again? Hasn’t there been a long discussion of the word “cracker” on this site before that included lots of cutting and pasting from Wikipedia?
Comment by Nonplussed Friday, Dec 6, 13 @ 1:39 pm
This is really bad, its good that its getting some attention. Also bad? The drug arrest statistics in Chicago and Cook County that show how blacks and hispanics are being arrested, convicted and jailed at hugely disproportionate levels compared to the “white world”. Not much room to talk about downstaters when Chicago/Cook is still waging their racist drug war full speed ahead.
Comment by Jeff Trigg Friday, Dec 6, 13 @ 1:43 pm
Word,
You might interested that a local author has been searching for the remains of those 1922 massacre victims for the last 5 years.
http://thesouthern.com/news/herrin-massacre-victims-found-researchers-relieved-gratified-by-results/article_d6bf50f4-4db5-11e3-97f8-001a4bcf887a.html
Comment by John A. Logan Friday, Dec 6, 13 @ 1:44 pm
If he doesn’t get disbarred (which is probably unlikely), what would happen if he ran for re-election? Is there a decent chance he’d win? Are the abhorrent views expressed in his closing a fairly accurate reflection of the electorate’s mindset in Williamson?
Comment by Anonymous Friday, Dec 6, 13 @ 1:57 pm
Breathtaking. I too question why the judges or opposing counsel did not immediately have a conniption.
Calling the State’s Attorney names is not necessary since what he is is self evident. Seems like others there deserve some enlightenment as well
Comment by Plutocrat03 Friday, Dec 6, 13 @ 2:12 pm
In the 1960s, SNCC intended to stage some sit-ins in some public restaurants in Williamson & Franklin Counties.
I think they did, but the authorities heard about it in advance and told the businesses to just serve them, so they’d leave and then everything could get back to normal. I think the SNCC office was located in St. Louis.
Comment by Some Guy Friday, Dec 6, 13 @ 2:50 pm
When I saw this post, I wondered if this pattern would be reflected in the Williamson CO traffic stop data for 2009-2012. It doesn’t. Williamson CO sheriff is about 7%/90% (black/white). Marion PD is about 12%/85% (black/white).
Comment by Anonymous Friday, Dec 6, 13 @ 3:04 pm
“Where was the judge in all this?”
“I too question why the judges or opposing counsel did not immediately have a conniption.”
Judges aren’t supposed to intervene unless there’s an objection, and there wasn’t.
According to the Appellate Court opinion, “Defense counsel did not object to the prosecutor’s opening statement or closing argument either at the time of trial or in a posttrial motion.” I must say that I cannot fathom what possible reason counsel had for not objecting. It’s breathtakingly incompetent.
Comment by Joan P. Friday, Dec 6, 13 @ 3:10 pm
Williamson is only 3.8% percent African-American and Marion, 4.3% … I would think Chuck would most likely win if he ran again, I can’t see how this would hurt him here. It’s worth noting that civil rights marches didn’t happen in So. Ill. until after they occurred in Mississippi (see Cairo). You can find confederate flags hanging on doorsteps to this day, and not an American flag beside it … The saddest part of his spiel to the jury was he wondered why the black community wouldn’t want to cooperate with the police … oh Chuck, I wonder why?
Comment by WillCo Friday, Dec 6, 13 @ 3:13 pm
Garnati is a democrat. Just sayin.
The comments are abhorrent. Not likely a slip of the tongue or a mistake. Clearly the guy has a dark soul. Have to wonder what the judge was doing during this episode. Did he call in sick that day?
Comment by dupage dan Friday, Dec 6, 13 @ 3:42 pm
Saw the comment above that the Judge can’t intervene unless there is an objection. Ok - but what did he do later - no call to ARDC by him, huh.
The defense counsel made no comment. Really?
Is the entire bar down there staffed by crackers?
Comment by dupage dan Friday, Dec 6, 13 @ 3:44 pm
I believe the vast majority of folks thruout this country are past this racial crud. That is cold comfort for the black community in Williamson County, I imagine.
Comment by dupage dan Friday, Dec 6, 13 @ 3:46 pm
In 2012, nearly 30,000 voters pulled a ballot. Of that, 21,000 voted for Garnati. He didn’t have a challenger.
In 2008, 30,500 voters pulled a ballot. Of that, nearly 23,000 voted for Garnati. He didn’t have a challenger.
Comment by J Isbell Friday, Dec 6, 13 @ 4:40 pm
Disgusting. Just disgusting… Racism is the worst.
Comment by Dr Wade Friday, Dec 6, 13 @ 4:45 pm
I know Chuck Garnati and have known his father for nearly forty years, he is NOT a racist and is one of the most honorable and effective States Attorneys in Southern Illinois history. My statement comes from a strict constructionist and Libertarian and not a democrat! Judge this man by his record on enforcing the LAW which is exemplary!
William C. Place, past Village President of Tamaroa Illinois.
Comment by William Place Sunday, Dec 8, 13 @ 1:20 am
Aha, tip up the lid of this guy’s dome Monty Python style and look inside! An undistilled look at the southern IL small town mentality!
If Jon Burge and his midnight crew of detectives in Chicago could torture suspects with electric shock and suffocation, plant evidence, extract false confessions, and send men to DEATH ROW who did not do the crime, can you imagine how many cops this prosecutor has possibly covered up for over the years?
I can see it now, “Hey boy, you carryin’ a gun? Pull up your waistband and let me see. You know we got that Brandon Phelps Duty to Inform now, don’t you boy? I mean you understand that if you don’t answer me, I can arrest you and charge you with a Class B misdemeanor. You know that’s six months in jail, don’t you? You want to spend six months in jail? Now you show me where that gun is and hand me that carry license…
Thanks to the dynamic duo of Todd Vandermyde and Brandon Phelps! Working together they are capable of anything.
Comment by John Monday, Dec 9, 13 @ 10:14 pm
Thanks for a look into the northern Illinois psyche
there John, with risk of banishment for a gratuitous
insult, I must say that you are a knothead!
Comment by William Place Monday, Dec 9, 13 @ 11:09 pm
Chuck needs to go. I do believe him to be racist. He also tried to control County Government. Residents finally went a new direction with the Board and Chuck not in charge. He does try to run the Dem party when Rep Bradley not around. I’m ashamed of his actions.
Comment by Williamson Co. Resident Tuesday, Dec 10, 13 @ 3:36 pm