A.J. Smitherman and 54 Other Men Vindicated in an Historic Court Proceeding

Even the worst ice storm in the history of Tulsa and the State of Oklahoma could not prevent the historic proceedings to dismiss 86 year-old charges against A.J. Smitherman and 54 others, for inciting the Tulsa Race Riot, from being held on December 11th.  The court proceedings, officiated by District Court Judge Jesse S. Harris, took place at the Greenwood Cultural Center in the heart of the Greenwood district.  The Center, adjacent to the Sam and Lucey Mackey Home, a rare surviving example of the early-day residential architecture of the District, is a central meeting place for cultural events in the Black community.  It was an appropriate setting for this event, which provided yet another opportunity for the Tulsa community to acknowledge the injustice of the Race Riot and Massacre of May 31-June 1, 1921.

This court hearing resulted from the work of Uncrowned Queens co-founder, Dr. Barbara Seals Nevergold.  In May of this year, Dr. Nevergold wrote to the District Attorney of Tulsa County, Mr. Tim Harris, and requested that he review Mr. Smitherman’s case and consider clearing his record of the alleged charges of inciting the Tulsa Race Riot of 1921.  Upon review of the Smitherman indictment and that of about 50 other falsely accused men, Mr. Harris made the decision to drop the charges thus leading to the expungement of their records after 86 years!

In his motion to dismiss, Mr. Harris noted that the dismissal was in the “best interests of justice”. Additionally, Mr. Harris said his decision was bolstered by the fact that he could find no evidence to support the indictment and that the defendants’ constitutional guarantee of a speedy trial had been violated.  In granting the dismissal motion, Judge Harris said that “Justice delayed in this instance is not justice denied.  Justice at any time is an essential part of justice at all times.”

Both Drs. Nevergold and Peggy Brooks-Bertram were called to testify on the behalf of the defendants, especially A.J. Smitherman.  Another defendant, Jack Scott’s granddaughter, Lea Cash was slated to add her testimony to the record, but the bad weather forced cancellation of her plans, when the Tulsa airport was closed and she was stranded in Las Vegas.  Dr. Nevergold also distributed a handout, “Buffalo Remembers A.J. Smitherman”. Numerous Buffalonians shared their remembrances of A.J. Smitherman and the Buffalo/Empire Star.  Read some of these excerpts in the following story.  Also, the Uncrowned Queens Institute and the University at Buffalo arranged to have the entire proceedings video-taped and an airing of this video will take place in early 2008.

This photo of Drs. Nevergold and Bertram was taken at the Greenwood Cultural Center, following the court proceedings.  The gentleman in the middle is Attorney Ceasar Latimer, Jr., the oldest practicing African American lawyer in Tulsa.  Mr. Latimer, the son of a Race Riot victim, has filed a motion with the courts regarding the Tulsa Race Riot.  His case is pending; therefore he was not able to share details of his suit.  Dr. Nevergold’s interview with Mr. Latimer will be available for viewing in the near future.