New trial ordered for Black man whose jury deliberated in room with Confederate flag

New trial ordered for Black man whose jury deliberated in room with Confederate flag.


12/7/2021 8:40:00 AM

New trial ordered for Black man whose jury deliberated in room with Confederate flag.

A Black man’s criminal conviction was overturned in Tennessee after an appeals court said the jury, which deliberated in a room adorned with a Confederate flag

In a 31-page decision issued Friday, the state’s criminal court of appeals ordered a new trial for the man, Tim Gilbert.The court also ruled that during Gilbert's trial, prosecutors improperly admitted a statement from a key witness.Gilbert was arrested after a family dispute on Christmas Eve three years ago in Murfreesboro, southeast of Nashville, according to the decision. A grand jury indicted him the following April on charges of reckless endangerment, unlawful possession of a firearm and resisting arrest, and he was convicted after a jury trial last year.

But both juries deliberated in the"U.D.C. room" in the Giles County circuit court that is maintained by the United Daughters of the Confederacy, the decision says. The judge who wrote the decision, James Curwood Witt, Jr., noted that it wasn't clear how the private group came to"possess" the room nearly a century ago or add its emblem to the door in 2005.

Inside the room was the flag, portraits of Confederate leaders and a framed letter from the U.D.C.'s national leader. Gilbert's lawyers argued that having a room"festooned with Confederate memorabilia and maintained by the U.D.C. implied that the court 'subscribes to the confederate principles' and that to many, 'the confederacy and racism go hand in hand,'" the decision says.

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“'The symbols on that wall do nothing but embolden' jurors to act on racial animus," his lawyers argued, according to the decision.Prosecutors argued that Gilbert had waived the matter because he failed to raise it before the jury was seated, the decision says. They also pointed out that the room couldn't have tainted the jury because Gilbert had been acquitted in a previous case heard in the same court.

Read more: NBC News »

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JesseCoffey15 WITAF?!!!! IKYFL! 😒😒 rolandsmartin Just one black man over how many years Hwy Goodv A new jury they should just throw the case out for such a disgraceful miscarriage! And the sad part is the thousands of people that went through there while the hateful people felt emboldened to take away their rights and put them behind bars NAACP UN humanrights1st hrw

Wonder how many other juries convened in that room? Both juries deliberated in the 'U.D.C. room' in the Giles County Courthouse, which is maintained by the United Daughters of the Confederacy Systemic racism manifest 'all around us for all to see' in communities where Black & other Americans have been cornered. But, until a light is shone directly on it nothing or very little is done about it. Will these times bring real change or will we continue to turn a blind eye?

Good I went to Nashville and on the historical walk it talks about how the slaves worked in the same fields as the owners. I could not believe the sophistry of it all. People there I met had never been to the MLK museum 3 hrs away in Memphis. Another world. I'm not surprised. Nothing like a little reminder of those “glory days”, huh?

Black Man To Be Retried After All-White Jury Used Room With Confederate DecorA room used by the jury in the Giles County Courthouse in Pulaski, Tennessee, featured Confederate flags and framed portraits of Confederate officials. One of the best things I love about investing with TarellaCampbell is that you only see positive results and see good winnings at all times from the team. With hardwork, passion and clarity as we know it. Get rid of the jury system. Use judges like everyone else Good lord!

black-not Black A flag is going to influence the jury's decision? Hell yeah danielahorwitz ! That's some BS!😟😡 Do you need a explainer video for your business? massage me Yeah, that will change nothing and cost tax payers. Just stupid. ♣ ♥ How To Make Money on Fiverr: A Complete Guide ♣ best_loans_us ♥ 54 ♣ 22 ♥

He's guilty Hate to admit it but I’m kind of surprised you could have a confederate flag in a courthouse. Why didn't the jurors object to the traitor flag?

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Reaching for stories? Query how many Southern courthouses have Confederate memorials on courthouse grounds…

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