After numerous postponements, my friend CMU finally had his day in court on Thursday. He was arraigned on Thursday afternoon in the Howard Baker Federal Courthouse. MLM and I were on hand to provide moral support. The court date remained in doubt all week. Last Thursday (November 13th) we learned that the hearing would be postponed yet again, likely until the new year, and then on Tuesday the appointment was reinstated. On the plus side, this limited the number of news outlets present. I pity the news crew trying to keep up with all of the rescheduling.
My day began at Ross the Boss where SEE, a multiple time Excalibur Award recipient, cut my hair. I wanted to look good for court. The salon has been under renovations and has just gotten drywall up. It looks very different. It is scheduled to be completed on February 1st. SEE expressed some healthy skepticism regarding this deadline.
After getting a stellar haircut, I met JTH, MLM, and CMU for lunch at 11:15 am at Calhoun’s on the River. We met at CMU’s request. He walked the considerable distance from his home. In this photo, MLM is eating his dessert. This is not unusual. What is odd is that he insisted it be delivered prior to his meal so that he would have room for it! I should not rag him too hard. His outreach budget paid for my meal. Thanks, MLM!
After eating, MLM, CMU, and I took advantage of an exceedingly beautiful day and walked to his attorney’s office, located on the 21st floor of the First Tennessee plaza, the city’s tallest building. Ironically, CMU had walked the same route while committing his crimes, often using the secluded pathways we took to ATMs. It was amazing how much he had changed since then.
We met with CMU’s attorney in a room with a beautiful view, decorated with Cas Walker memorabilia. CMU’s attorney was Ralph Harwell (REH). We also met his assistant, Kay, a fellow Baptist from Myrtle Beach. REH has been an attorney for 38 years and specializes in criminal defense. MLM and I were invited to sit in as REH debriefed his client. At one point he noted, “I’ve always believed if you can quote the Bible and Shakespeare, you can practice law in East Tennessee.”
For details of CMU’s case, see the October 28th Prayer Blog. For our purposes on this day, we learned that the Patriot Act mandated a minimum two year sentence for one charge against CMU. The other count CMU pled guilty to faced a sentence of 12-18 months. REH disagreed with the mandatory two-year sentence and felt that the judge might have the authority to minimize the second charge and shorten the sentence to just over two years.
REH’s strategy was two-fold. First, he would acknowledge CMU’s past history of mental illness and use a psychiatrist’s belief that he might regress if confined against his will. Secondly, he wished to present all of the good works CMU had been done since his arrest. Any conduct post-judgment is inadmissible in court but since CMU had yet to convicted officially, his maturity could be considered. Citing that sentencing is the least favorite aspect of a judge’s job, REH provide the judge with the key excerpts of numerous letters sent on CMU’s behalf. REH attempted to present CMU as an atypical defendant.
It was a rare glimpse behind the curtain, and frankly one I hope not to have in the future, either for myself or a parishioner. CMU’s request of my presence in this moment is one of the biggest honors I have received and one of the things I love about ministry.
We were eventually joined by CMU’s parents and then walked the short distance to the courthouse. I had never been to the building before and security was far more stringent than at the county courthouse. Our cell phones had to be checked at the door. Ironically, MLM and I were admitted as we knew the bailiff, IT, as he is a fellow church member. I did not realize until being stopped at a security checkpoint in another building after the trial, that I had carried my keys in, complete with a tool. I carried a not so concealed weapon into the courtroom. Oops.
The trial was slated for a 1:20 pm hearing but a pretrial case that preceded CMU’s delayed our admittance. The extra time allowed us to catch up with the many supporters CMU had. In fact, there would be sixteen people in his section of the room, filling nearly half of the courtroom. Among those from my church were LAC, MWS, and EAT. Sitting behind the government’s team was Knoxville News-Sentinel writer Jamie Satterfield, whom had written several pieces on CMU. Her position behind the government was telling.
Court finally convened in Courtroom 3C. CMU and REH sat to the right of the judge while Assistant U.S. Attorney Trey Hamilton (FMH), U.S. Postal Inspection Service Inspector Wendy Boles (WGCB) and another man sat on the left representing the government. FMH, a tall young articulate man, was the only speaker for the prosecution.
The hearing went as expected before Judge Tom Varlan (TAV). The defense presented the strategy detailed above. REH opted not to call witnesses and let the letters speak for themselves. In state court, he would introduce the supporters, but he felt it was unnecessary in federal court. He read highlights of each letter. My letter was read last.
The prosecution countered that CMU’s case could not be isolated. He must be sentenced as a deterrent for future perpetrators. We also learned that CMU had been caught by a postal inspector who had noticed the same handwriting on too many change of address forms.
Hamilton called one of two witnesses in attendance from the 19 individuals and three companies that CMU had defrauded. JMF testified as to how his life was affected. The identity theft nearly cost him his job as the Assistant Director For Technology for University Housing. It was felt that security may have been breached and the system was overhauled in response. CMU had attacked him randomly. It was amazing to see the domino effect in action. (Note: This was CMU's mug shot as it appeared on WBIR in May 2007.)
At a recess, MLM spoke with each of the two victims in attendance. JMF, a resident of Dandrige, had just finished five years of another identity problem before this happened. A patient in a hospital with the same name had overdue bills. It took him nearly five years to correct the mistaken identity and clear his credit reports. The woman, who resided in West Knoxville, felt she had been personally violated. MLM assured her that CMU had repented and that the attack was anything but personal. He had created a system and she simply was part of it. CMU had asked MLM to contact them, but neither wished any future dealings. I cannot say that I blamed them.
After the lwayers finished their arguments, CMU read a statement and made the highly unorthodox move of apologizing to JMF directly. He faced his accuser. The judge then called for a fifteen minute recess to process the information. This was a long half an hour. What could we do? REH noted that the difference between a federal judge and God was that God does not think he is a federal judge.
The decision to be made was an issue of how much leeway the judge had. The defense felt he had a lot while the prosecution felt he had very little. The judge sentenced CMU to the minimum 12 months plus the concurrent 24 months for a three-year sentence. Though he agreed with the prosecution on both of the defense's arguments, he reasoned that since CMU had no previous criminal history he could function well in society. I felt his decision and his treatment of everyone involved was very fair.
After serving his time, CMU will be on probation for five years during which time he must not possess guns, alcohol, etc. (Note: This picture is of statute titled “Beloved Woman of Justice” that resides outside of the courthouse.)
REH speculated that he would serve 28-29 months assuming good behavior. CMU was also allotted 500 hours of drug rehabilitation. Though he does not presently have a drug problem, this would enable him to reduce his sentence by as much as a year. He has used drugs in the past and asked MLM about the ethics of taking this program. MLM equated it to the government throwing him a free carrot. There are so many variables to get into the program that it appeared unlikely that he would be admitted.
CMU was also fined but the fines break even with all that had been confiscated during the arrest.
It has yet to be determined when and where CMU will report but it was agreed that he can self report and is under the same bond that he has been since his initial arrest. He will be notified of when to report. This process takes an average of 3-6 weeks.
After the decision, CMU left to be fingerprinted. Evidently, his fingerprints have changed since he was initially booked... We began walking back to Chanana II and met CMU at Ruth’s Chris Steakhoue to return a change of clothes. He then walked home. (He did so because it was a beautiful day and he wanted to, not because we made him.)
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