Tuesday, April 21, 2020

The United States Supreme Court turned to a ruling out of the Sabine Parish Courthouse to help inform its decision Monday in Ramos v. Louisiana. Citing a ruling by 11th Judicial District Judge Stephen B. Beasley twice in the first three pages of its opinion, the nation’s highest court agreed with the Sabine Parish judge that unanimous jury verdicts should be required for all state jury trials.

Until 2019, Louisiana permitted nonunanimous jury verdicts and allowed the consensus of 10, not 12, jurors to convict someone of a felony offense with the exception of capital punishment. That changed yesterday when U.S. Supreme Court Justices ruled that the Sixth Amendment to the United States Constitution requires that jury verdicts must be unanimous. The opinion was reached by an unlikely association of liberal and conservative voices on the Court, and it was authored by Justice Neil Gorsuch.

This may be the first time since being elected that a decision by Judge Beasley has been reviewed by the Supreme Court of the United States. Certainly it is the first time to have been cited with approval by a majority of the Justices. It is very rare for a judge in a small parish to find his reasoning in front of our nation’s highest court. However, the Justices deemed Judge Beasley’s opinion in the Maxie trial important enough to mention repeatedly in its own ruling on nonunanimous juries.

The case came to the Supreme Court out of Orleans Parish where District Attorney Leon Cannizzaro prosecuted Evangelisto Ramos for the murder of a 43-year-old woman. The case went to trial and after deliberations, the jury returned a nonunanimous jury verdict of 10-2 to convict. Two of the jurors did not believe the State of Louisiana had met its burden of proving its case beyond a reasonable doubt, but nonetheless Ramos was sentenced to life in prison without the possibility of parole. Ramos filed an appeal that was denied at every level until the Supreme Court of the United States agreed to hear the case on the first day of its term in October 2019.

In a similar case, 11th Judicial District Judge Stephen B. Beasley was asked by a defendant, Melvin Maxie, to decide the question of nonunanimous juries on a separate basis. Maxie was charged with the first degree murder of Tyrus Thomas and originally indicted on a capital offense, but District Attorney Don Burkett later dropped the death penalty. After a week-long trial, Maxie was convicted of second degree murder by a nonunanimous jury. Ten members of the jury voted for second degree murder, one voted for first degree murder, and one voted for manslaughter. Maxie later challenged the nonunanimous jury and requested that he be given a new trial with a requirement that he be convicted by a unanimous jury of his peers.

Maxie’s argument was that nonunanimous juries violated the 14th Amendment’s guarantee of equal protection of the laws because the entire nonunanimous jury verdict scheme was based on racism. After multiple hearings and detailed briefing by both the State and the Louisiana Capital Assistance Center, Judge Beasley issued an October 2018 ruling that the nonunanimous jury verdict system in Louisiana was based on racism and was therefore unconstitutional. The State of Louisiana, through DA Burkett, later challenged the application of Maxie in other jury proceedings, eventually winning in the state Supreme Court on technical grounds, with a vigorous dissent from Chief Justice Bernette Joshua Johnson.

While the Maxie case was challenged in Louisiana’s highest court, the U.S. Supreme Court in Washington had a different appreciation for Judge Beasley’s ruling. In a nod to his insight, the Justices’ majority opinion cited the Maxie ruling twice.

Monday’s ruling in Ramos means all defendants who have not yet been convicted of a crime are entitled to a unanimous jury verdict, regardless of the date of the offense. The question of whether defendants who have already been convicted by nonunanimous juries should now also be entitled to unanimous jury verdicts was left for another day. The Supreme Court ruling doesn’t answer that one. It is clear, however, they do agree with Judge Beasley in rejecting the racism of years past to assure all defendants a fair and impartial trial by a jury of their peers.

Rep. Rodney Schamerhorn told Observations Tuesday morning that he is in favor of getting the state’s economy back open, but in a common sense, precautious manner. “We need to put Louisiana back to work,” he said.

Schamerhorn said Gov. John Bel Edwards is not for it. He said, “He is a true Democrat and he wants to string it out as long as possible to get more Federal Government money. He wants to open the state by regions. I’m not for this. I’m for opening it by parishes.”

“It will take 53 votes to override the Governor’s position and I don’t know if we have them,” Schamerhorn shared. He is a member of the group that wrote a letter to the Governor, but Speaker of the House Clay Schexnayder did not send it, suggesting instead that Senate President Patrick Cortez speak directly to Gov. Edwards about it. That meeting is set for Wednesday.

Lots of Sabineland support for Pres. Trump is cropping up everywhere you look. These signs and flags have been proudly displayed for a long while.

They appreciate a honk! This sign was seen last week at Many Healthcare & Rehabilitation Center at 120 Natchitoches Hwy. in Many.

Welcome home to Mrs. Mary Williams, COVID-19 survivor and wife of Pleasant Hill Police Chief Ray Williams. She was released Friday from Byrd Hospital in Leesville after being there about a month and being on a ventilator for some 14 days.

She was actually on life support for a time, and her husband is calling her recovery a “miracle.”

“When we see what [God] will do, that makes us really appreciate serving God and giving Him praise,” said the Chief. “She’s a miracle, and God is a miracle worker. These tears I’m shedding, y’all, are tears of joy…” shared Williams.

The Williams family is very appreciative of all the support they have received from concerned family and friends, but they do request that everyone be very careful to stay at home, social distance and continue to follow the guidelines to avoid the coronavirus.

Here’s the latest from Sabine District Attorney Don Burkett, who has taken the lead in keeping Sabineland informed about COVID-19. It was shared shortly after noon today.

“April 21:  Sabine [is] up 1 to 14 according to state. I’m aware of at least 20 and 1 death,” Burkett shared.

In other area stats, he reports in number of coronavirus cases and deaths:  “Caddo 1310/83, Bossier 241/11, Rapides 213/7, DeSoto 168/10, Natchitoches 58/1, Red River 21/4, and Vernon 14/1. Statewide hospitalization remained steady and [use of] vents dropped slightly. Deaths statewide jumped from 32 to 77, and Caddo deaths went from 2 to 11 overnight. Stay safe,” said Burkett.

We are happy to report our young friend, Chloe Meshell, daughter of Scott and Robbin Meshell, is doing well despite having a mild case of the coronavirus.

Mom Robbin gave an update Sunday that said, “Chloe is only dealing with fatigue. She has a good appetite. She only comes out her room to go to the bathroom. She has a positive attitude and is taking it well. I know that God is protecting her and she will come through this with flying colors. Your continued prayers are very much appreciated. As far as the rest of my family members, we have all tested negative and are well. We really don’t know where she got the virus from, so everyone be safe out there!”

Rick Thompson of Many placed this on Facebook last week, and we think it worthy of reprinting. The author is unknown.

WE ARE NOT IN THE SAME BOAT

I heard that we are all in the same boat, but it’s not like that. We are in the same storm, but not in the same boat. Your ship could be shipwrecked and mine might not be, or vice versa.

For some, quarantine is optimal – a moment of reflection, of reconnection, easy in flip flops with a cocktail or coffee. For others, it is a desperate financial and family crisis.

For some that live alone, they’re facing endless loneliness. While for others, it is peace, rest and time with their mother, father, sons and daughters.

With the $600 weekly increase in unemployment, some are bringing in more money to their households than when they were working. Others are working more hours for less money due to pay cuts or loss in sales.

Some families of four just received $3,400 from the rescue package while other families of four saw $0.

Some were concerned about getting a certain candy for Easter while others were concerned if there would be enough bread, milk and eggs for the weekend.

Some want to go back to work because they don’t qualify for unemployment and are running out of money. Others want to kill those who break the quarantine.

Some are home spending two-three hours a day helping their child with online schooling while others are spending two-three hours a day to educate their children on top of a 10 to 12-hour workday.

Some have experienced near death due to the virus, some have already lost someone from it, and some are not sure if their loved ones are going to make it. Others don’t believe it is a big deal.

Some have faith in God and expect miracles during 2020. Others say the worst is yet to come.

So, friends, we are not in the same boat. We are going through a time when our perceptions and needs are completely different.

Each of us will emerge, in our own way, from this storm. It is very important to see beyond what is seen at first glance. Not just looking, actually seeing.

We are all on different ships during this storm experiencing a very different journey.

The Sabine Council on Aging (SCOA) has announced that the regular Commodity Distribution, which was scheduled for this Friday, April 24, is cancelled due to the current coronavirus stay at home orders. SCOA will announce a new date when Catholic Charities makes a decision of when to reschedule it. Until then, interested persons are advised by SCOA to “stay home and stay safe!”

Something to Ponder

“In three short months, just like He did with the plagues of Egypt, God has taken away everything we worship. God said, ‘You want to worship athletes. I will shut down the stadiums. You want to worship musicians. I will shut down Civic Centers. You want to worship actors. I will shut down theaters. You want to worship money. I will shut down the economy and collapse the stock market. You don’t want to go to church and worship Me. I will make it where you can’t go to church.’

“’If my people who are called by my name will humble themselves and pray and seek my face and turn from their wicked ways, then I will hear from Heaven and will forgive their sin and will heal their land.’ 2 Chronicles 7:14.

“Maybe a vaccine is not our greatest need. Maybe we need to take this time of isolation from the distractions of the world and have a personal revival where we focus on the only thing in the world that really matters – Jesus.”

Author unknown.

That is all for this Tuesday, April 21. Thanks for faithfully reading. Please share your thoughts and ideas for future Observations. I love to hear from you. Send an email to robertrgentry@gmail.com or call me at (318) 332-8653. To see columns of the last few years, follow the pages below. To save, send or print today’s Observations, click on the appropriate icon below.

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