I have been actively involved in the fight for Heather Ellis, the 24-year old school teacher now facing up to 15-years in prison for cutting line at a local Wal-Mart. Although Heather has now reached a plea deal with prosecutors over her arrested, there are still questions that need to be answered. No, she was not charged with cutting in line, but it was the cashier’s reaction to the alleged line cut which led to the relevant sequence of events. Had the cashier been more professional and not refused to serve Heather, none of this would have happened (You hear that Walmart? Perhaps that’s why your attorneys are telling you to remain silent).
I have five simple questions about the trial of Heather Ellis:
1) If “no one was seriously injured,” why was she facing up to 15-years in prison?
In the opening statements of the trial, the prosecutor in the case, Morley Swingle (the dandy fellow with the Confederate flag on the cover of his book) stated that “There was no serious injury, but it did hurt,” when referring to the alleged assaults committed by Ms. Ellis. If no one was seriously injured, does that constitute a Class-C felony? This statement was quite telling when it comes to understanding the style of justice being administered in the Southeast Missouri area (which is why we are sending our reports to the Justice Department after the trial is over). Given that Ellis appears to have been the only person to go to the hospital after she allegedly beat down all of these great big men, it would seem to me that perhaps she might be the one who is able to file an assault charge against the officers. Additionally, the defense attorney on the case, Scott Rosenblum, presented evidence in court of there being blood in Heather Ellis’ jacket pocket from the night of the incident. This would be consistent with her claim to the doctor the next day that she was assaulted by the police.