America & Co., LLC

Jake and Stan Atcavage went to Claude’s cafe to eat barbecue ribs.  Claude had many customers coming in for his usual ribs on Friday so he was giving everyone 15 minutes to eat and leave - that included Jake and Atcavage.  They were there to discuss the fact that Atcavage would not give Carl Lee a loan in lieu of his house deed.  Atcavage would give Jake $5000 if Jake would cosign the loan.  Jake felt that would be unethical. 

Roger McKittrick of the New York Times saw Jake at Claude.  He wanted an interview.  They set up an interview for later that afternoon.  They met.  The case was considered the most famous murder in the country, at that time anyway.  Roger had already spoken to other people involved in the case and they suggested he speak to Jake.  Jake and Roger both had their tape recorders on. 

They discussed whether the case should be held in Ford County.  Roger want to know where Carl Lee got the M-16, which of course Jake did not answer.  They discussed if Carl Lee would be convicted if he were a white man - probably not.  The interview was soon over.

Carl Lee, Sheriff Ozzie, and Moss Junior sneaked out of the prison to visit Lester.  It was Carl Lee’s idea and Ozzie saw no danger in it.  Carl Lee wanted to apologize for shooting him.  Lester accepted his apology.  Jake went to the prison to visit Carl Lee and did not find him there.  He was highly upset.  Carl Lee returned.  Carl Lee explained what he did.  Jake explained that Lester was to be a witness for the State and Carl Lee should not have gone visit him without talking to Jake first.  Carl Lee is not to do something like that again.

Carl Lee and Jake discussed their fee agreement again.  Jake was adamant that he could not work the case for only $900.  Carl Lee promised that he would pay.  They discussed the arraignment and that he would be indicted.  He would receive no bond when indicted because it was a capital murder case.

Do you think Carl Lee is a flight risk?  Should he be given bail?  Let’s read the next chapter of the book to find out whether he gets indicted and bail.

In this lifetime movie called America, Rosie O’Donnell gives an inspired performance in a dramatic and enlightening story about the plight of this country’s forgotten youth. 

America (newcomer Philip Johnson), a 16-year-old biracial boy, seems like just another statistic from a broken foster care system when he arrives in a residential treatment facility where psychiatrist Dr. Maureen Brennan (O’Donnell) works. 

She helps a troubled youth teen, who has spent his entire life in the foster-care system, confront his painful past.  Through a series of confrontational sessions, Dr. Brennan helps America find the one thing missing from his entire life: hope. 

Co-starring acclaimed actress Ruby Dee, America is a powerful and provocative journey that will stay with you forever.

This is a very touching movie.  It is a must see for all.  Everyone should buy the dvd and sit with your children and discuss the movie so they can understand how the foster system works and the impact it has on these children. 

District Attorney Rufus Buckley was scanning through the newspaper to see if his name was mentioned anywhere where they talked about the preliminary hearing.  He was pleased to find his name.  He was tired of being the DA and was hoping one day to be the Attorney General or Governor of Mississippi, or even go to Congress.

When he arrived in his office, reporters were waiting for him.  He enjoyed speaking to the media.  He bragged about his conviction rate and how he intended to get one now with the Hailey case.  Buckley stated that he would be seeking  the death penalty.  When asked if the case would be tried in Ford County because of all of the publicity, he stated that he did not care where it be tried because where ever it got tried, he would get a conviction.

Ethel went to Jake and told him that she had been getting phone threats in the office as well as at home.  Jake told her to change her home telephone number like he did.  She told him that she did not want to do that since she has had the same number for 16 years.  Jake told her then not to complain.  Ethel told Jake that Lucien wanted Jake to see him and for him to bring along some recent cases.  Jake saw Lucien once a month to discuss cases.

Jake went to see Lucien.  Lucien congratulated Jake for having the Hailey case.  Big publicity case.  They discussed the Hailey case.  Lucien told Jake that it would be a good idea if Carl Lee’s plead insanity.  Jake was not sure.  They discussed moving it to another venue.  They discussed Looney’s shooting and the fact that he lost half his leg and how sympathetic the jury would be towards him.

Lester came to see Jake to give him $900.  He was to give him $1000 plus the deed to the land.  He said Gwen needed $100 for groceries.  Lester tried getting a loan for the deed to the land but no bank would take it because they felt that Carl Lee would be convicted and not be able pay on the loan.  Jake was not too happy that he was getting paid only $900 for Carl Lee’s case.    

Do you think Carl Lee should plead insanity?  Was he insane when he killed “the boys”?  Could raping and beating someones daughter cause you to go insane?  Should Jake change venue?  According to Lucien, if they stay in Ford County, they may get a hung jury.  If Jake does not request a change of venue, Carl Lee could use that as an argument for an appeal.  So would you ask for a change in venue?  If Ethel continues to get threatening call, why not change her telephone number.  She says she has had it for 16 years which is why she does not want to change it but is that more important than getting threats.  If you were Ethel, would you quit your job?  Well, let’s see if she does by reading the next chapter of the book. 

The three coffee shops in the square had more patrons then they ever had because of the killings, which had taken place less than 300 feet from the Coffee Shop.  Patrons were discussing the killings and the possibility that there were additional gunmen.

Jake made the front page of three newspapers.  There were pictures of Cobb and Willard both before the shootings and when they were taken into the ambulance but no picture of Carl Lee. 

Jake arrived at his office.  Judge Bullard called wanting to know if Jake would waive the preliminary hearing.  Jake would not as he wanted to know what evidence the State had against Carl Lee.  Reporters came to see Jake.  He would not discuss his defense strategy with them but admitted that Carl Lee was charged with the murder of Cobb and Willard and Jake painted a nice picture of Carl Lee’s personal life. 

On Wednesday morning funeral services were held for Cobb and Willard.  The preliminary hearing was scheduled for 2 p.m. that day.  The courtroom was full of family members and spectators.  Outside the courthouse was full of reporters.  It was 1:45 p.m. and Sheriff Ozzie was tired of the reporters so he had an idea.  He decided to take another prisoner, Curtis Todd, to pretend to be Carl Lee and he put him in a deputy’s car and they took off.  The reporters took off behind them.  Sheriff Ozzie with Carl Lee drove behind the jailhouse and took him to the courthouse.  

Cameras were not permitted in the courtroom.  Jake did not want Carl Lee to testify.  Sheriff Ozzie and Officer Rady testified for the State.  DA Rocky Childers produced an affidavit from Looney, who was still in the hospital recovering from his gunshot wound.  Officer Rady testified that he interviewed a janitor named Murphy who saw Carl Lee shoot Cobb and Willard.  Murphy, himself did not testified because he stuttered too much.  Judge Bullard bound the case over to the grand jury.  Jake did not ask for bail since he knew that Bullard would not give bail. 

Late Wednesday night the doctors had to cut below Looney’s knee and remove the lower third of his leg.  Ozzie was called and he told Carl Lee. 

How sad that Looney’s lower third of his leg had to be cut.  Judge Bullard permitted Officer Rady to testify to Murphy’s statement instead of Murphy himself - hearsay evidence.  Do you think it was proper for Judge Bullard to permit the testimony?  What would you have done if you were the Judge?  Do you think Carl Lee is remorseful?  Let’s continue reading our book together and find out.

Chief Deputy Moss Junior Tatum and Jake waited in Sheriff Ozzie’s office for Carl Lee’s arrival.  The press was there anxiously waiting for Carl Lee’s arrival and for someone to give them more news of the shooting.  Moss was agitated with the news reporter and requested that they move their vans so the deputies would have room when they arrived with Carl Lee.  Moss answered general questions about the shooting but did not mentioned specifically that they had “Carl Lee” in custody.  Jake had called Carla and told her to record all the news media for him.

Carl Lee arrived.  The jailer took all of Carl Lee’s personal possession.  Sheriff Ozzie made a statement to the reporters that Carl Lee Hailey was in custody and certified that he was Tonya’s father. 

Jake spoke to his client.  Carl Lee admitted that he killed Cobb and Willard.  They discussed the fee agreement.  Jake agreed to represent Carl Lee for $7500.  Carl Lee indicated that he would sign a note for his land.  They discussed some of the details of what took place in a trial.  Jake then left and Carl Lee was taken to a cell next to some state prisoners.

Jake gave a statement to reporters that he was representing Carl Lee.  He gave no other details.  Jake went home and saw the news.  He was pretty impressed with himself.  The phone was ringing like crazy.  He received a phone threat for defending a black murderer and one who would not live if Carl Lee walked.

Do you think that everyone is entitled to an attorney and a proper defense even Carl Lee?  Now Jake’s life has been threatened.  Should he take the warning seriously and not take Carl Lee’s case?  What would you do?  It’s time to read along together the next chapter of the book and find out.

Rocky Childers was the prosecutor for Ford County for many years.  He was 42 years old and was elected prosecutor every four years.  Childers had received dozens of phone calls from blacks and registered voters asking that Cobb and Willard not make bail before trial. 

Childers despised Judge Persy Bullard but was summoned by him and Sheriff Ozzie to discuss bail for Cobb and Willard.  Judge Bullard was not thinking about a certain amount of bail for Cobb and Willard.  Not that he was not going to set bail but more that he was not thinking about a certain amount.  Childers stressed the importance of a high amount of bail and making sure they did not get out on bail because they may get killed.

Childers proposed that Cobb had a criminal record and retained a private attorney, Peter K. Bernard, so he must have money so Cobb should receive a least $200,000 in bail.  Willard had a public defender and had no money so Willard should receive at least $100,000 in bail.  They discussed whether Childers would call Sheriff Ozzie as a witness.  Childers said that since he testified at the preliminary hearing it would not be necessary for him to testify at the bail hearing.

It is time for the bail hearing.  Judge Bullard gulps down some vodka before entering the courtroom.  Willard’s attorney was Tyndale, the public defender.  The same crowd from before was in the courtroom plus more spectators.  Lester was in the courtroom but Carl Lee was not.  Willard’s and Cobb’s family testified on their behalf.  

Judge Bullard set bail for Willard at $100,000 and Cobb at $200,000.  They were taken into custody until they could set bail.  Lester was happy with the bail amount considering that when he had killed a man, bail was set at $50,000. 

The “boys” were being taken to the holding cell.  They were handcuffed behind.  Cobb went first, then Willard, then Deputy Looney.  Three other deputies waited outside with reporters.  Carl Lee sprang from darkness with his M16 and open fired.  He killed Cobb and Willard and wounded Looney on the leg.  Carl Lee dropped the M16 and ran.  Deputy Prather found Cobb’s body on top of Willard’s - their blood mixed together.

Jake ran to the courtroom.  Sheriff Ozzie told him that he should leave.  Jake told Ozzie that he is not to question Carl Lee without his presence.  Ozzie agreed.  Sheriff Ozzie and his deputies went to Carl Lee’s to arrest him.  They arrested him without incident.

If in Carl Lee’s shoes, would you have killed Cobb and Willard?  Should Lester be arrested as an accomplice?  Let’s read together the next chapter of the book and find out.