| Jimmy Hankinson, the presiding
judge, who was put in charge of the case lived in Mike’s
neighborhood. Mike played ball with his son, Clay, as a child.
It was revealed earlier that the Judge had made some inquiries
about Mike’s home address days before the trial. Someone
close to the Judge and the State Attorney’s Office inquired
about Mike’s trial. It was evident that my son’s case
had been discussed by persons outside of the State Attorney’s
Office. The Judge seemed to have an intense dislike for us from
the very beginning. I don’t know what it is that we did
to cause him to seemingly dislike us so much but he did everything
possible to make things difficult for us. For example:
- Judge lives in the same neighborhood where the alleged assault
occurred
- The apartment complex is located at the entrance of the neighborhood.
- Mike’s family was the 2nd black family to move into
the predominately white neighborhood in 1978.
- Inquired about Mike’s address before trial.
- The alleged assault took place less than a quarter of a mile
from the Judge’s residence.
- Emphasized time and again that the case was going to trial
on 9/9/02 and he was not allowing any continuances.
- Lectured family on not letting the female attorney, Theresa
Marvin- Flury continue to handle the case even though she had
been on the case for over six months and had taken depositions
- Made her new job at Guardian Ad Litem such as issue that she
decided a month before trial that she could not do the case.
- Attorney Marvin-Flury was greatly concerned as to why the
Judge did not want her to handle Mike’s case.
- Months later, female attorney is hired in the State Attorney’s
Office.
- Judge worked in State Attorney’s Office for many years.
- Judge and prosecutor, Neil Wade, have a long lasting friendship
spanning many years.
- Judge Hankinson and prosecutor Neil Wade worked together in
most criminal cases..
- New attorney- David Collins is brought on board 8/9/02 and
Judge states that the case is going to trial on 9/9/02 no matter
who takes the case and no continuances would be granted.
- Made it known several times that “defendant
is going to trial whether he has counsel or not”.
- Has a reputation as a “hard-nosed, tough talking”
judge.
- Refused to sign Michael’s Motion for Indigent
Status even after Mike qualified and he and his attorney
spoke directly with him regarding the matter in court.
- Without the Indigent Status, Mike’s family has had to
pay enormous legal bills to defend him.
- In reviewing court files, white defendants have no difficulty
in getting ‘Indigent Status’ , some whose family
incomes exceed $300,000.
- After Atty. D.C. asked to leave the case and have a public
defender continue with Mike’s case, Judge refused to let
Atty. David Collins off the case stating that he had
done a good job in representing Mike.
- Saw Mike as just another young black male that should have
his life taken away from him.
- In 2005, Judge was removed from the criminal division and
now only handles civil cases.
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