I noticed attorney Sam Perroni and I were in agreement the other day over Arkansas Supreme Court Justice Robin Wynne's questioned behavior as a young Dallas County deputy prosecutor who helped convict two (likely three) innocent people of murder in 1991.
In a letter published on the Voices Page, Perroni spelled out his concerns over Wynne's behavior in the Dallas County case where the former sheriff and Wynne became part of placing a wired informant in a county jail cell with one of the three arrestees to prompt a confession.
Two federal district judges rightfully set two of those three people free after 26 years based in part on Wynne either losing or destroying that cell recording in an act judges said was done in"bad faith." An 8th Circuit Court of Appeals panel later agreed with that assessment.
Despite this stunning revelation coming years after the convictions, Wynne's role still may not be examined by those responsible for ensuring prosecutorial integrity. That reasoning sounded to me like the "water-'neath-the-bridge" excuse for not pursuing Wynne's role in such a travesty.
Here's the message Perroni (a widely respected attorney with a classroom named in his honor in 2019 at the William H. Bowen School of Law at the University of Arkansas at Little Rock) sent after my opinion on the matter was published.
"Mike--I read your column today with interest. Attached you will find a letter I wrote after reading the article on the 8th Circuit's decision. To begin with, I disagree with the assertion that the 'judicial watchdog' is not doing anything in the case because it's been too long. Ethical cases are like murder cases, the statute never runs out, particularly when the conduct was concealed. I believe the real reason can be found in playing favorites by the two people who screen the cases--the executive directors.
"I have represented many lawyers and judges over the years and most had actions that started off with newspaper articles," he continued. "Arkansans are never going to feel the system is not rigged against them unless judges are held accountable. Anytime a lawyer, even if he or she happens to be a judge, does something so unethical that convicted murderers are set free because they are most likely innocent, justice demands the lawyer be held accountable.
"And saying a lawyer's unethical conduct doesn't reflect on his judicial abilities because he committed the offensive act before he became a judge conveniently avoids the fact that the voters had no chance to factor the conduct into whether he should have been elected to begin with. Keep up the good fight.
"I'm going to continue speaking out about injustice in the legal system I love."
There's no denying Sam Perroni has a long and insightful view into the inner workings of Arkansas jurisprudence. And he's never been one to soft-pedal his thoughts when dealing with matters of egregious injustice.
The nagging question today, in light of all that's known and unknown (where did potential evidence of that jailhouse tape go?): What will be done to bring this matter to a respectable conclusion?
Rainfall in perspective
I've had enough rain of late to consider a new pair of inflatable water wings. Even our lakes have ballooned to near capacity. But after reading a wire service story the other day about water shortages affecting billions of people across much of the globe, I'll not be whining any longer.
The story said three billion living in nations from Yemen in the Middle East to Brazil in South America find themselves without adequate water to wash their hands at home.
It told of one woman who was relieved to receive her daily allotment of 10.5 gallons. Try to make that stretch to somehow cover bathing, washing clothes and dishes, and flushing commodes.
The United Nations said millions across the Arab regions today lack access to basic handwashing facilities. And in Africa, half of the continent's 1.3 billion population must leave their homes to acquire life-sustaining water.
All it takes for me to feel a deluge of appreciation for what we deem troublesome is a story like this that puts our problem with so much life-sustaining rainfall in perspective.
Abuse of FOIA
After reading for years now about the beleaguered community of Bethel Heights and extensive problems with its sewage system, I opened my iPad the other day to read that its city council decided to meet behind closed doors as a group of citizens were waiting to attend.
This decision to convene and conduct the "public's business" in private without adequate notice as required by the Arkansas Freedom of Information Act may well have violated that law.
The insult was amplified when the police chief informed those waiting to enter that they could access what was transpiring in this meeting on the Police Department's Facebook page. What he didn't say was the meeting would last only four minutes, which provided no time to get home and watch.
The reason given for this hurried gathering in private was covid-19. This lame excuse for bypassing the specific notification requirements stated in Arkansas' FOIA should never be allowed to stand.
Now go out into the world and treat everyone you meet exactly like you want them to treat you.
------------v------------
Mike Masterson is a longtime Arkansas journalist, was editor of three Arkansas dailies and headed the master's journalism program at Ohio State University. Email him at mmasterson@arkansasonline.com.
Editorial on 06/02/2020