Prosecutor Quits Heather Ellis Case: 15 Years for Cutting Line at Wal-Mart?

If you hadn't heard about the case of Heather Ellis, a 24-year-old black college student facing 15 years in prison after being accused of cutting a line at Wal-Mart, the case has now had a major development. The prosecutor in the case, Stephen Sokoloff, has recused himself. The removal occurred after a motion was filed in which Sokoloff was accused of "making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused."

The complaint revolved around a letter that Sokoloff sent to a reporter who'd written a story on the case. In Sokoloff's words: "Over the last several months, the defendant and her supporters have made a concerted attempt, through the traditional media and the Internet, to portray me as an overly aggressive and racially biased prosecutor."

The case generated a firestorm of national controversy when the Ku Klux Klan sent threatening cards to the family when they planned to hold a rally at the courthouse.

Georgetown University professor and attorney Christopher Metzler, had this to say, "The question is whether Stephen Sokoloff's voluntary recusal is part of a strategy to delay the case in the hopes that media attention will die. Just because a prosecutor removes himself from a case, does not mean that he removes his influence from the case. If a special prosecutor is appointed, that does not end the accusations that Ellis may not be given a fair trial."

As you probably know, I have called around the nation for a rally to support Heather in her case. I have spoken with her family, read the arrest reports, watched the Wal-Mart surveillance video and studied the case thoroughly. My conclusion is that, based on the officers' own words, there is hardly anything that could have happened inside that Wal-Mart to justify sending a college student, who has no criminal record and is on her way to medical school, to prison for up to 15 years.

In my outreach on the case, I do not want to allow a big truth to be turned into a sequence of small lies. The big truth in all this is that Heather does not deserve to go to prison for what she is accused of doing. If left without service from the Wal-Mart clerk (as Heather alleges), many of us can agree that this would be a justifiable reason to be outraged. What is also true is that if Heather had been the child of a prominent elected official in the town of Kennett, I doubt that she would be facing these felonies. Thousands of Americans seem to agree, as we've received word of buses coming from all around the country.

My position on the Heather Ellis case remains unchanged: It is nothing more than a symptom of bigger concerns, such as the fact that (according to the head of the Eastern Missouri ACLU), African Americans are 50 percent more likely to be pulled over by police officers in Kennett and are twice as likely to be searched when compared with their white counterparts. My focus is on cases such as that of 15-year-old Walter Currie, of nearby Poplar Bluff, who was burned alive in a racially motivated incident.

My call is for Dunklin County to be subject to a state and federal investigation. If there is nothing wrong, then the investigation will find nothing. In the event that city and county officials are working together to destroy the lives of innocent citizens, though, it is our duty to uncover the truth. That is what we are fighting for and that is what we will request. My father was a cop for 25 years, and while I have tremendous respect for good officers, I've also learned to understand the temptation for officers to abuse their authority. This should not be tolerated.

This case is not about Heather Ellis, and it's not about prosecutor Stephen Sokoloff. It is about America, the Constitution and the search for fairness and equity.

Dr. Boyce Watkins is a professor at Syracuse University. To have Dr. Boyce's commentary delivered to your e-mail, please click here.

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