AG Marshall should be ashamed, embarrassed about what he put Selma officers through

Attorney General Steve Marshall should be ashamed of himself for torturing Selma police officers Jeff Hardy, Tori Neely, and Kendall Thomas. He should also be embarrassed that on August 13, 2021, on the eve of their vindication in a trial they were certain to win, he (Marshall) dismissed all charges against the officers. 

What was all this nonsense about? The officers were first indicted almost three years ago, in October 2018, for allegedly committing the terrible new felony of “lying to the Attorney General.” 

When we asked for proof and specificity, the Attorney General’s Office sent us a thumb drive with 32,000 documents on it. That is the same as going fishing non-stop for 6 months, or equivalent to sending no documents. The worst lie the three officers were changed with was that they misrepresented the condition of the Selma Police Department’s evidence room, saying it was neat enough when the Attorney General thought it was messy. But that should have been simply a matter of opinion, not a lie or a crime. 

The Attorney General’s Office also wrongfully sought to remove Selma Judge Collins Pettaway Jr. from the case, after Judge Pettaway first dismissed the case in May, 2019. Two weeks later, Mr. Marshall sent investigator Susan Smith back over to Selma to incite a new jury to re-indict the officers.

The Attorney General’s Office didn’t stop there, however, tying the case up for another year in the Court of Criminal Appeals, finally succeeding in removing Judge Pettaway, an African American like the officers. On the other side was the caucasian trio of Marshall, Smith and Andrew Arrington. After the Court of Criminal Appeals upheld Pettaway’s removal, the next judge assigned to the case was the Honorable Marcus Wiggins, also African American. Yet the Attorney General’s office again promptly sought his removal, and finally pressured Judge Wiggins to step aside.

Thur, the Attorney General’s Office, in its vintage race discrimination way, got rid of both African American judges assigned to the case. We finally ended up with retired Elmore County Circuit Judge John Bush, a caucasian, yet someone we the defense considered fair. 

In conclusion, Attorney General Steve Marshall and his assistants Andrew Arrington and Susan Smith owe these officers and the public a huge apology for their unjust persecution of these officers and a blatant waste of taxpayers’ money. The injury, damage and hurt these officers experienced can never be fully rectified.

Julian McPhillips of McPhillips Shinbaum Law Firm is attorney from Montgomery.