Presumed Innocent!

The Thursday Thoughts...

If you have spent time in one of America’s criminal courtrooms, or watched legal thrillers on television or at the movies, then you have heard the phrase that the accused standing trial is “innocent until proven guilty.”

Well, as I have taught many times in my pre-law classes at Florida A&M University (FAMU), the ACTUAL key word that is used in REAL jury instructions is “unless” or “unless and until,” not just “until.”

These are not mere semantics because a solo “until” gives the inference that guilt is certain and just a matter of time, while “unless” places guilt in doubt—and informs jurors from the start of trial that the state or federal prosecutor may not actually meet its burden to prove that the accused person is guilty of a criminal offense.

Yesterday, former Tallahassee Mayor Andrew Gillum, the 2018 Florida Democratic Gubernatorial Nominee, and Sharon J. Lettman-Hicks, a prominent businesswoman who also is a long-time Democratic Party strategist, lobbyist, and pundit, were indicted in the U.S. District Court for the Northern District of Florida on multiple counts of wire fraud allegedly related to the 2018 gubernatorial campaign.

In full disclosure, I have been friends with Ms. Lettman-Hicks ever since meeting her at FAMU in the late 1980's (and since 2020, media colleagues and co-hosts of the Steel Sharpens Steel show). Also, I have been friends with Mr. Gillum ever since I met him in the late 90's, which was during my last year of law school at the University of Florida—and his senior year as student body president at Gainesville High School. Since 2021, we have talked politics and social issues numerous times on his political podcast, “Real Talk with Andrew Gillum.”

Just last week, I volunteered to assist Sharon Lettman-Hicks in her campaign for the Florida House of Representatives—the above photos of me with her (and Gillum) were taken during the very first campaign planning meeting.

Yesterday, in a standing-room-only courtroom that included a phalanx of reporters covering the first appearance that was held before Federal Magistrate Judge Charlie Stampelos, both Gillum and Lettman-Hicks entered pleas of “not guilty”—and a trial date was set for August 16, 2022.

Gillum and Lettman-Hicks with President Barack Obama

As noted above, the pair's “not guilty” shrouds them with the same presumption of innocence that each and every person that is accused of a crime receives at the beginning of a case.

Still, as a past Florida Bar Media Award winner and two-time Pulitzer Prize nominee for articles/blogs written about court cases and controversies, I know that there’s another court—the proverbial court of public opinion—where citizens weigh in with their thoughts based upon allegations contained in an indictment—and what they’ve read online (or “heard” from their acquaintances).

Six years ago this week, then Mayor Gillum and I joined Attorney Benjamin Crump in hosting a political candidate’s forum at my and Gillum's home church, Bethel AME of Tallahassee…

Understanding that, and further understanding that the indictment in this case has been widely published and read by well wishers and political foes alike, I am here to reiterate the same thoughts I conveyed about former President Donald Trump last week, which is that criminal allegations always sound daunting and look damning— until the accused get their chances to tell their truths in the court of public opinion—and challenge the prosecutor's allegations in a court of law.

To that end, most of the mainstream media went to press yesterday before Ms. Lettman-Hicks had her opportunity to share her thoughts; below you will find her Facebook post from last night, as well as a written statement that Mr. Gillum provided to the press in the wake of yesterday's indictment.

Lettman-Hicks:

INDICTMENT = Guilty until proven innocent! (in America)FB Friends and Family: Yes, I am devastated. I am also mad as hell. This is not a press statement. This is my heart that you will get tonight. Yesterday, I was summoned to turn myself in today. I did. I was handcuffed at the Tallahassee FBI office, driven to the federal courthouse with 3 agents, fingerprinted by US Marshals, put in my own cell block, given lunch by our government, and paraded into a federal courtroom to have all my dignity challenged while being indicted on 20 counts. I was informed that it could have been worse.

This is America. I qualified last Friday to run for the Florida House, District 8. I came from behind the strategic curtain and put myself out there because I was tired of being frustrated as we all witness Democracy in peril. I would never, and I mean NEVER, put myself out there with these types of allegations hovering over me OR if any of them were true! Do you mean to tell me that after a 3-½ year probe, it all came to a head with outlandish charges the very week AFTER I became a viable candidate?

Really???

I am tired. This has been one of the longest days of my life. I will rest tonight. And tomorrow, I will begin to FIGHT for my continued freedom AND will not be silenced for fear of retribution. ✊🏾

Gillum:

“I have spent the last 20 years of my life in public service and continue to fight for the people. Every campaign I've run has been done with integrity. Make no mistake that this case is not legal, it is political. Throughout my career I have always stood up for the people of Florida and have spoken truth to power. There’s been a target on my back ever since I was the mayor of Tallahassee. They found nothing then, and I have full confidence that my legal team will prove my innocence now.”

As I often write: “Stay tuned…”