Justice in the Grove

Mount Dora High students hold a press conference, and justice in Florida gets some hope for the future.

Advanced freshman English teacher Mary Ellen Griffith had just gotten her students through reading Gilbert King’s Devil In The Grove, the 2012 Pulitzer Prize-winning account of the Groveland Boys trial in 1950s Lake County, Florida.

Then, one of her students saw a TV news report that sounded familiar.

In it, state senator Geraldine Thompson (D-Orlando) was discussing with reporter a bill she had introduced seeking exoneration of the Groveland Four.

The resolution, SCR 136, had failed to make it past the floor of the Legislature in 2015, so Thompson has filed it again for the session which starts this January.

The resolution seeks to clear the names of Charles Greenlee, Walter Irvin, Samuel Shepherd and Ernest Thomas and points to “egregious wrongs” perpetrated against the men by the criminal justice system. The resolution also seeks pardons for Irvin and Greenlee, the two men who survived to complete their prison sentences.

When the student told Griffith and the class about it the next day, everyone found it so interesting that Griffith decided to see if Thompson would be willing to answer some of their questions in person.

“The students had questions about accountability,” she says, “and some of the questions were a little naive. They don’t understand that the buck sometimes doesn’t stop anywhere.”

Senator Thompson’s office was contacted, and to everyone’s surprise she said yes. A “press conference” was arranged for her appearance, and on Nov. 13, about 20 students and Thompson met together in the school auditorium.

When local resident and historian Gary McKechnie posted photos from the event on his Facebook page with a summary of the questions that were asked, we thought it would be interesting to get Sen. Thompson’s responses to the questions. Thompson agreed, and here a some of her responses.

Why did you choose this time to seek exoneration for the Groveland Four?

I was contacted by family, authors and attorneys who felt that the visibility given the case because of the acclaim of Devil in the Grove made this an opportune time to seek an exoneration. I decided to move forward with legislation.

There were 400 holes in the body of Ernest Thomas. Why didn’t you add that to your case for exoneration?

All elements of a situation cannot be included in a bill. The fact that there were 400 bullet holes in the body of Ernest Thomas is the kind of information that would be brought out during presentation of the bill in committee and debate on the floor before a vote is taken on the proposed legislation.

Why didn’t you also ask the Lake County Sheriff’s Department and Lake County commission for an apology for the Groveland Four?

Again, my efforts are focused on the actions of agents of the State and the responsibility of Florida to make amends for the actions of its officials.

Can Sheriff McCall and Deputy Yates be charged posthumously?

I am unaware of instances where individuals have been charged posthumously. Additionally, I see no benefit to such charges in that the accused could not be brought to trial or face their accusers.

How does the case of the Groveland Four reflect America’s progress with race relations?

Progress had been made in race relations in a number of areas, particularly related to African Americans serving on juries. There were no African Americans on the jury during the trial of the Groveland Four, which prompted the United States Supreme Court to order a new trial. Instances of excessive force by law enforcement officials against African Americans given considerably more attention today than in 1949.

The media helped convict the Groveland Four in the press. Why has the media not been included in this demand for an apology?

While I agree that the media helped convict the Groveland Four in the press, my efforts are focused on the actions of Florida officials and the responsibility of the State to address inappropriate and/or criminal activity on the part of agents of the government.

Why is the case of the Groveland Four important to you?

The case of the Groveland Four is symbolic of the cases of many African Americans who did not receive fair treatment and equal justice in our Country. I feel that governmental officials should take responsibility for the actions of their agents and step forward to correct wrongs when they are identified.

How will bringing attention to this case affect racial tensions across America?

Many times an apology for wrong doing on the part of governmental officials can help to bring about healing and reconciliation in the African American community. I believe action on this proposed legislation can help in efforts to ease racial tensions across America.

Afterward, students said they were impressed with Sen. Thomson’s knowledge about the case and her generosity in answering their questions.

“The entire mock conference was set up very well,” said Celia DeLibro. “It felt like we were actual reporters and that maybe we would be taken a little bit more seriously. Senator Thompson was very kind and treated us with respect, and the feelings were mutual.”

“Senator Thompson’s remarks made me realize that today’s justice system is more civil and equal than the justice system in the Jim Crow South,” said Jenna Repollo.

It also helped the students get some perspective on the legislative process. “Senator Thompson described the complicated process of passing bills,” said Rachel Howell. “Though the process is long and sometimes frustrating, I was glad that is is so hard to pass bills. The process ensures that the decisions made by our leaders are well thought out, and beneficial for the people.”

Still, some saw an uphill toward justice. “It’s just amazing how much African Americans have gone through and are still experiencing it today,” says Gordon Tomlinson. “Our society still hasn’t gotten over the fact that color doesn’t matter and that everybody is equal, which is sad.”

Teacher Mary Ellen Griffith has interests of her own regarding unlawful convictions in the state of Florida. She’s working on a master’s thesis which elaborates on a number of inconsistencies in the 1989 Polk County trial of Leo Schofield for the murder of his wife. Schofield was a white, Yankee, longhaired rock musician who had recently moved to Polk County; not really the sort of guy who fits the profile of the Groveland Four, but one whom the Florida legal system apparently cared as little for.

“The State’s whole case was based on rumor and innuendo fueled by a confidential informant and investigators’ claim to witnesses they had evidence of Schofield’s guilt,” says Griffith. She points to another man, Jeremy Scott, who lived nearby and had already attempted to murder his wife, been acquitted in the murder of another woman was later convicted of murdering a man he had been robbing. It wasn’t until Scott was on death row that his fingerprints were finally tied to ones found in the murdered woman’s Mazda.

“In other words, Florida taxpayers were supporting an innocent man’s incarceration while a killer got away with murder,” says Griffith.

Like Walter Irwin, Schofield’s legal problems have been complicated due to his steadfast claim to innocence — he would also have received a more lenient sentence if he had simply plea-bargained. According to the state, a person guilty of a crime who maintains his innocence is considered remorseless.

Florida’s Innocence Project, an organization founded in 2003 to provide free representation to help innocent prisoners obtain freedom. Currently they are litigating three dozen cases with hundreds more in various stages of review and investigation.

Back to state senator Thompson’s bill, here is what has to happen in order for it to get to Governor Rick Scott’s desk. Once the bill is filed, it will be assigned to three Senate committees of reference and a similar process will take place in the House. Once the bill passes all three committees it will be voted on the floor of each chamber. If the bill is passed on the floor it will go to the Governor’s desk where he can sign it into law or veto it.

“I’m delighted to join you to focus on the Groveland Four and an injustice that was done to four young men here in Lake County during a climate of racial intolerance,” Thompson told students at the Nov. 13 mock press conferenc. “And that’s one of my motivations for having filed this legislation. Florida, not too long ago, issued an apology for slavery, and this would be in line with that kind of action in terms of apologizing to the descendants of the Groveland Four, who every time they Google their ancestor’s name, up comes an allegation of rape.”

Things will get a lot more interesting for State Senator Thompson, as she has entered the Democratic primary race for the newly-drawn 10thCongressional District seat now held by Daniel Webster. She is running against Val Demmings, who Webster narrowly defeated in 2012, and Orlando lawyer Fatima Rita Fahmy.

The re-drawn district, recently approved by the Florida Supreme Court, is part of a larger overhaul of the state’s congressional districts that will have dramatic impact upon the 2016 elections. Last August, when the state legislature was unable to provide re-drawn map, a redistricting challenge was filed the League of Women Voters of Florida and Common Cause of Florida. It all goes back to the 2010 Fair District Amendment, which was approved by 3.1 million Florida voters.

The re-drawn 10thHouse district will give Democrats a far greater chance for the win. Daniel Webster has said he may run for the re-drawn district 11 in which Mount Dora is now a part of. Webster has a summer home in Sumter County.

A 30-year educator, Thompson has made health care and support of public education central platforms of her run.

— David Cohea (d[email protected])

Originally published at www.mountdoracitizen.com on December 20, 2015.