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What do you think about arresting the woman who falsely accused Emmett Till now?

gohawks50

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A team searching a Mississippi courthouse basement for evidence about the lynching of Black teenager Emmett Till has found the unserved warrant charging a white woman in his 1955 kidnapping, and relatives of the victim want authorities to finally arrest her nearly 70 years later.

A warrant for the arrest of Carolyn Bryant Donham — identified as “Mrs. Roy Bryant” on the document — was discovered last week by searchers inside a file folder that had been placed in a box, Leflore County Circuit Clerk Elmus Stockstill told The Associated Press on Wednesday.

Documents are kept inside boxes by decade, he said, but there was nothing else to indicate where the warrant, dated Aug. 29, 1955, might have been.

 
I would say no

First of all I would say the crime likely has expired the statue of limitations.

Secondly her accusations would be entirely hard to prove as false. From my memory her accusation was essentially that Till started hitting on her and that triggered his husband to go get his buddies and murder him. There is a more then good chance those accusations are false, but could it be proven beyond a reasonable doubt? I doubt that.

Third there is some evidence that her husband was abusive and her accusation was coerced.

I simply don't see how charging her would lead to any sort of justice.
 
I would say no

First of all I would say the crime likely has expired the statue of limitations.

Secondly her accusations would be entirely hard to prove as false. From my memory her accusation was essentially that Till started hitting on her and that triggered his husband to go get his buddies and murder him. There is a more then good chance those accusations are false, but could it be proven beyond a reasonable doubt? I doubt that.

Third there is some evidence that her husband was abusive and her accusation was coerced.

I simply don't see how charging her would lead to any sort of justice.
She was also part of the kidnapping. She rode along with her husband and others to identify Till and was there when he was loaded in the truck when the gang of racists took him from the home.
 
In 67 years it never occurred to anyone in Leflore County to issue a replacement warrant in lieu of the one that got stashed in a box?
 
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First off Pepsi.


And this:

Arrest warrants can “go stale” due to the passage of time and changing circumstances, and one from 1955 almost certainly wouldn’t pass muster before a court, even if a sheriff agreed to serve it, said Ronald J. Rychlak, a law professor at the University of Mississippi.
 
If the warrant is still good, arrest her. Have a trial. Get both sides spun into a tizzy.
 
First off Pepsi.


And this:

Arrest warrants can “go stale” due to the passage of time and changing circumstances, and one from 1955 almost certainly wouldn’t pass muster before a court, even if a sheriff agreed to serve it, said Ronald J. Rychlak, a law professor at the University of Mississippi.
You are right, mine is a Pepsi. In my defense my topic did pose a question so maybe it's only a Diet Pepsi!
 
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First off Pepsi.


And this:

Arrest warrants can “go stale” due to the passage of time and changing circumstances, and one from 1955 almost certainly wouldn’t pass muster before a court, even if a sheriff agreed to serve it, said Ronald J. Rychlak, a law professor at the University of Mississippi.
That's what I was referencing in my post where I said it wouldn't hold up but it would be a symbol to bring her in in hand cuffs and be processed. She would certainly be released as soon as she was in front of a judge, but the sight of her in cuffs could do some good imo.
 
It's the geriatric nazi question.

I suppose do something symbolic... if it stands to do any good.

Which is pretty much the black community's decision.

But a real sentence isn't needed.
 
In 67 years it never occurred to anyone in Leflore County to issue a replacement warrant in lieu of the one that got stashed in a box?
I'm pretty sure most of the people in the county were good with this never seeing the light of day again.
 
I'm pretty sure most of the people in the county were good with this never seeing the light of day again.
Probably. But in 67 years you would think there would be at least one reasonably non-racist person in the prosecutor’s office who would say “Wait…did we just never arrest that bitch?”
 
Probably. But in 67 years you would think there would be at least one reasonably non-racist person in the prosecutor’s office who would say “Wait…did we just never arrest that bitch?”
In, checking my notes... LeFlore County, Mississippi.
Sure. Oh, a lot of people might want to do that, but I am guessing a steady string of Boss Hogg types have run this county since Reconstruction.
 


A team searching a Mississippi courthouse basement for evidence about the lynching of Black teenager Emmett Till has found the unserved warrant charging a white woman in his 1955 kidnapping, and relatives of the victim want authorities to finally arrest her nearly 70 years later.

A warrant for the arrest of Carolyn Bryant Donham — identified as “Mrs. Roy Bryant” on the document — was discovered last week by searchers inside a file folder that had been placed in a box, Leflore County Circuit Clerk Elmus Stockstill told The Associated Press on Wednesday.

Documents are kept inside boxes by decade, he said, but there was nothing else to indicate where the warrant, dated Aug. 29, 1955, might have been.

Nazis who are 100 are being brought to justice so YES. Arrest her immediately.
 
She was also part of the kidnapping. She rode along with her husband and others to identify Till and was there when he was loaded in the truck when the gang of racists took him from the home.

The fact that she was there for it doesn't mean she's necessarily culpable in what they did. Especially if she feared violence from her husband.

I understand the desire for some sense of justice in this case because it was denied in the immediate aftermath by a racist jury. I'm just not entirely sure at this point putting her on trial would lead to any sort of justice.
 
The fact that she was there for it doesn't mean she's necessarily culpable in what they did. Especially if she feared violence from her husband.

I understand the desire for some sense of justice in this case because it was denied in the immediate aftermath by a racist jury. I'm just not entirely sure at this point putting her on trial would lead to any sort of justice.
The fact that she is in her 80s and not likely to serve any time for the crimes, does not mean that she should not be arrested and tried. I think Till's family and other members of the black community are completely justified in asking for that to happen.
 
The fact that she is in her 80s and not likely to serve any time for the crimes, does not mean that she should not be arrested and tried. I think Till's family and other members of the black community are completely justified in asking for that to happen.

Maybe but I'm just not convinced of her guilt.

I mean would you vote to convict her of a crime if she had a legitimate reason to fear her husband?
 
Maybe but I'm just not convinced of her guilt.

I mean would you vote to convict her of a crime if she had a legitimate reason to fear her husband?
The time was different so maybe she didn't have a choice, but a trial would at least let her explain why she did what she did. Maybe she felt the same as her husband and his friends or maybe she has carried guilt all her life. A trial would allow her to tell her side of the story.
 
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The time was different so maybe she didn't have a choice, but a trial would at least let her explain why she did what she did. Maybe she felt the same as her husband and his friends or maybe she has carried guilt all her life. A trial would allow her to tell her side of the story.

She has told her side of the story to some extent to an author. (Per wikipedia)

In 2017, author Timothy Tyson released details of a 2008 interview with Carolyn Bryant. He claimed that during the interview she had disclosed that she had fabricated parts of her testimony at the trial.[133][42][134] Tyson said that during the interview, Bryant retracted her testimony that Till had grabbed her around her waist and uttered obscenities, saying "that part's not true".[135][136] The jury did not hear Bryant's testimony at the trial as the judge had ruled it inadmissible, but the court spectators heard. The defense wanted Bryant's testimony as evidence for a possible appeal in case of a conviction.[133][137] In the 2008 interview, the 72-year-old Bryant said she could not remember the rest of the events that occurred between her and Till in the grocery store.[133] She also said: "nothing that boy did could ever justify what happened to him".[136] Tyson said that Roy Bryant had been abusive toward Carolyn, and "it was clear she was frightened of her husband". Tyson believed Carolyn embellished her testimony under coercive circumstances. Bryant described Milam as "domineering and brutal and not a kind man".[136] An editorial in The New York Times said, regarding Bryant's admission that portions of her testimony were false: "This admission is a reminder of how black lives were sacrificed to white lies in places like Mississippi. It also raises anew the question of why no one was brought to justice in the most notorious racially motivated murder of the 20th century, despite an extensive investigation by the F.B.I."[138]

The New York Times quoted Wheeler Parker, a cousin of Till's, who said: "I was hoping that one day she [Bryant] would admit it, so it matters to me that she did, and it gives me some satisfaction. It's important to people understanding how the word of a white person against a black person was law, and a lot of black people lost their lives because of it. It really speaks to history, it shows what black people went through in those days."[3]

However, the 'recanting' claim made by Tyson was not on his tape-recording of the interview. "It is true that that part is not on tape because I was setting up the tape recorder" Tyson said. The support Tyson provided to back up his claim, was a handwritten note that he said had been made at the time.
 
She has told her side of the story to some extent to an author. (Per wikipedia)

In 2017, author Timothy Tyson released details of a 2008 interview with Carolyn Bryant. He claimed that during the interview she had disclosed that she had fabricated parts of her testimony at the trial.[133][42][134] Tyson said that during the interview, Bryant retracted her testimony that Till had grabbed her around her waist and uttered obscenities, saying "that part's not true".[135][136] The jury did not hear Bryant's testimony at the trial as the judge had ruled it inadmissible, but the court spectators heard. The defense wanted Bryant's testimony as evidence for a possible appeal in case of a conviction.[133][137] In the 2008 interview, the 72-year-old Bryant said she could not remember the rest of the events that occurred between her and Till in the grocery store.[133] She also said: "nothing that boy did could ever justify what happened to him".[136] Tyson said that Roy Bryant had been abusive toward Carolyn, and "it was clear she was frightened of her husband". Tyson believed Carolyn embellished her testimony under coercive circumstances. Bryant described Milam as "domineering and brutal and not a kind man".[136] An editorial in The New York Times said, regarding Bryant's admission that portions of her testimony were false: "This admission is a reminder of how black lives were sacrificed to white lies in places like Mississippi. It also raises anew the question of why no one was brought to justice in the most notorious racially motivated murder of the 20th century, despite an extensive investigation by the F.B.I."[138]

The New York Times quoted Wheeler Parker, a cousin of Till's, who said: "I was hoping that one day she [Bryant] would admit it, so it matters to me that she did, and it gives me some satisfaction. It's important to people understanding how the word of a white person against a black person was law, and a lot of black people lost their lives because of it. It really speaks to history, it shows what black people went through in those days."[3]

However, the 'recanting' claim made by Tyson was not on his tape-recording of the interview. "It is true that that part is not on tape because I was setting up the tape recorder" Tyson said. The support Tyson provided to back up his claim, was a handwritten note that he said had been made at the time.
She could have spoken up back then.
She didn't.

That she regrets it is really irrelevant; but she has to live with her decision now.
 
She has told her side of the story to some extent to an author. (Per wikipedia)

In 2017, author Timothy Tyson released details of a 2008 interview with Carolyn Bryant. He claimed that during the interview she had disclosed that she had fabricated parts of her testimony at the trial.[133][42][134] Tyson said that during the interview, Bryant retracted her testimony that Till had grabbed her around her waist and uttered obscenities, saying "that part's not true".[135][136] The jury did not hear Bryant's testimony at the trial as the judge had ruled it inadmissible, but the court spectators heard. The defense wanted Bryant's testimony as evidence for a possible appeal in case of a conviction.[133][137] In the 2008 interview, the 72-year-old Bryant said she could not remember the rest of the events that occurred between her and Till in the grocery store.[133] She also said: "nothing that boy did could ever justify what happened to him".[136] Tyson said that Roy Bryant had been abusive toward Carolyn, and "it was clear she was frightened of her husband". Tyson believed Carolyn embellished her testimony under coercive circumstances. Bryant described Milam as "domineering and brutal and not a kind man".[136] An editorial in The New York Times said, regarding Bryant's admission that portions of her testimony were false: "This admission is a reminder of how black lives were sacrificed to white lies in places like Mississippi. It also raises anew the question of why no one was brought to justice in the most notorious racially motivated murder of the 20th century, despite an extensive investigation by the F.B.I."[138]

The New York Times quoted Wheeler Parker, a cousin of Till's, who said: "I was hoping that one day she [Bryant] would admit it, so it matters to me that she did, and it gives me some satisfaction. It's important to people understanding how the word of a white person against a black person was law, and a lot of black people lost their lives because of it. It really speaks to history, it shows what black people went through in those days."[3]

However, the 'recanting' claim made by Tyson was not on his tape-recording of the interview. "It is true that that part is not on tape because I was setting up the tape recorder" Tyson said. The support Tyson provided to back up his claim, was a handwritten note that he said had been made at the time.
I understand that's good enough for you, but Till's surviving family members would like her to be arrested if possible. Do you not think their feelings should be considered?
 
I understand that's good enough for you, but Till's surviving family members would like her to be arrested if possible. Do you not think their feelings should be considered?

If I felt there was actually a legal basis for convicting her of a crime maybe. I just don't see the basis on which to do that.

Not only that if you do that you put the jury in a shitty position. If they do the right thing and acquit her then they will be treated as though they where the same jury that acquitted her husband and his friend. If they convict her they are potentially proclaiming guilt on a lady who was legitimately afraid of a very violent man.

I'd prefer her to tell her story on camera to journalists then do it in court under the guise of a trial. I do believe that she owes the world that.
 
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This continues to be lost on some of you.

I understand the emotions and the desire for accountability, but legalities matter.

District Attorney Dewayne Richardson, whose office would prosecute a case, declined comment on the warrant but cited a December report about the Till case from the Justice Department, which said no prosecution was possible.

Contacted by the AP on Wednesday, Leflore County Sheriff Ricky Banks said: “This is the first time I’ve known about a warrant.”

Banks, who was 7 years old when Till was killed, said “nothing was said about a warrant” when a former district attorney investigated the case five or six years ago.


“I will see if I can get a copy of the warrant and get with the DA and get their opinion on it,” Banks said. If the warrant can still be served, Banks said, he would have to talk to law enforcement officers in the state where Donham resides.

Arrest warrants can “go stale” due to the passage of time and changing circumstances, and one from 1955 almost certainly wouldn’t pass muster before a court, even if a sheriff agreed to serve it, said Ronald J. Rychlak, a law professor at the University of Mississippi.
 
This continues to be lost on some of you.

I understand the emotions and the desire for accountability, but legalities matter.

District Attorney Dewayne Richardson, whose office would prosecute a case, declined comment on the warrant but cited a December report about the Till case from the Justice Department, which said no prosecution was possible.

Contacted by the AP on Wednesday, Leflore County Sheriff Ricky Banks said: “This is the first time I’ve known about a warrant.”

Banks, who was 7 years old when Till was killed, said “nothing was said about a warrant” when a former district attorney investigated the case five or six years ago.


“I will see if I can get a copy of the warrant and get with the DA and get their opinion on it,” Banks said. If the warrant can still be served, Banks said, he would have to talk to law enforcement officers in the state where Donham resides.

Arrest warrants can “go stale” due to the passage of time and changing circumstances, and one from 1955 almost certainly wouldn’t pass muster before a court, even if a sheriff agreed to serve it, said Ronald J. Rychlak, a law professor at the University of Mississippi.
I was under the impression that the warrant could possibly be reissued.
 
I was under the impression that the warrant could possibly be reissued.

With new evidence. The justice department has reviewed the case.

But combined with any new evidence, the original arrest warrant “absolutely” could be an important stepping stone toward establishing probable cause for a new prosecution, he said.

“If you went in front of a judge you could say, ‘Once upon a time a judge determined there was probable cause, and much more information is available today,’” Rychlak said.
 
This continues to be lost on some of you.

I understand the emotions and the desire for accountability, but legalities matter.

District Attorney Dewayne Richardson, whose office would prosecute a case, declined comment on the warrant but cited a December report about the Till case from the Justice Department, which said no prosecution was possible.

Contacted by the AP on Wednesday, Leflore County Sheriff Ricky Banks said: “This is the first time I’ve known about a warrant.”

Banks, who was 7 years old when Till was killed, said “nothing was said about a warrant” when a former district attorney investigated the case five or six years ago.


“I will see if I can get a copy of the warrant and get with the DA and get their opinion on it,” Banks said. If the warrant can still be served, Banks said, he would have to talk to law enforcement officers in the state where Donham resides.

Arrest warrants can “go stale” due to the passage of time and changing circumstances, and one from 1955 almost certainly wouldn’t pass muster before a court, even if a sheriff agreed to serve it, said Ronald J. Rychlak, a law professor at the University of Mississippi.
And, perhaps some of this is lost on you as well. Sounds like nobody is sure one way or another. If it's not valid, then clearly it wouldn't move forward, but if it is valid then proceed and let the case play out. But, one thing I wouldn't do is just shrug and say this happened a long time ago so let's just forget about it. They need to see what the options are and then do what they are able to do. If nothing else this might be a wake-up call to some who were involved in these types of things that cases like this could still catch up to them.
 
With new evidence. The justice department has reviewed the case.

But combined with any new evidence, the original arrest warrant “absolutely” could be an important stepping stone toward establishing probable cause for a new prosecution, he said.

“If you went in front of a judge you could say, ‘Once upon a time a judge determined there was probable cause, and much more information is available today,’” Rychlak said.
So they have new evidence don't they?
 
And, perhaps some of this is lost on you as well. Sounds like nobody is sure one way or another. If it's not valid, then clearly it wouldn't move forward, but if it is valid then proceed and let the case play out. But, one thing I wouldn't do is just shrug and say this happened a long time ago so let's just forget about it. They need to see what the options are and then do what they are able to do. If nothing else this might be a wake-up call to some who were involved in these types of things that cases like this could still catch up to them.

"They need to see what the options are and then do what they are able to do. "

They already have.

District Attorney Dewayne Richardson, whose office would prosecute a case, declined comment on the warrant but cited a December report about the Till case from the Justice Department, which said no prosecution was possible.
 
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