Update [2011-5-6 15:7:47 by Steven D]: UPDATE I spoke to Brenda Cherry, the activist in Paris, Texas and have some additional information: (1) the accuser (now 19) originally did not want to press charges; (2) the accuser was drug tested and taken to the hospital after the police arrived because she had two different narcotics in her system; (3) the accuser testified that Bobby Yates “jumped up on the sofa” in Mr. Yates home where she and a white male were sleeping and that is when she was sexually assaulted by Yates; (4) Bobby Yates also suffers from paralysis; (5) Bobby Yates was beaten by the two men who accompanied the accuser and he made the initial 911 call; (6) Mr. Yates was offered a plea bargain of accepting a charge of attempted aggravated assault with a deadly weapon in exchange for the prosecution dropping the sexual assault charge and when he refused to do so the the attempted aggravated assault charge was added anyway; (7) Mr. Yates was a hobbyist who carved model homes from wood and the aggravated assault charge is based on remarks he made that he would defend himself if they continued to try to beat him, remarks hears by the 911 operator (8) the gag order that was imposed by the trial judge was dropped by him only after an appellate court issued a writ of mandamus.
Again, this is the story by a person who is advocating for Mr Yates, but my assessment of her is that she was telling the truth. Lamar County is also the locale where a 15 year old black girl, Shaquanda Cotton was sentenced to 7 years in detention for allegedly pushing a teacher’s aide/hall monitor.
March 28, 2007 – In Paris, Texas, last year, a 14-year-old White girl burns down her family’s home. Her punishment? Probation. In the same town three months later, a 15-year-old Black girl, Shaquanda Cotton, is sentenced to seven years in prison for pushing a hall monitor at her high school.
Shaquanda had no prior arrests, and the monitor, a 58-year-old teacher’s aide, was not hurt, according to Black leaders in the northeast Texas town of about 26,000 residents. But in March 2006, the same judge, Lamar County Judge Chuck Superville, who let the White teenage girl go on probation, convicted Shaquanda of “assault on a public servant” and sent her to prison at least until she turns 21.
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No, I don’t mean the movie. The real Paris, Texas. (h/t The Field Negro)
Specifically, I am referring Bobby Yates, a resident of that lovely metropolis, who has been put on trial for sexually assaulting a 16 year old white girl. Why is this wrong? Well let’s start with some basic information about Mr Yates. For example, this is a photo of him. Please take a close look:
Mr. Yates is a double amputee because of a hunting accident that occurred over 20 years ago. As a result of that accident he also had a penectomy (i.e., the removal of his penis). Mr. Yates also had his testicles removes as a result of that injury. Mr. Yates has no prior criminal record. Never been convicted of a any crime.
Yet, he has been accused of sexually assaulting a 16 year old white girl with his fingers. The local prosecutor indicted him for this alleged sexual assault. His own court appointed attorney filed a motion to withdraw from the case because Mr. Yates did not believe his attorney was doing all that he could to defend him since the attorney was insisting Mr. Yates accept a plea bargain and had refused to hire expert witnesses for the trial.
This is his story:
On March 18, 2008 at approx 1:30 or 2 AM, Bobby Yates got a knock on his door that would change his life.
A 16 year old white female and two adult white males, asked Bobby if they could enter into his home claiming they were locked out of their own homes. Bobby reluctantly allowed them in. Several hours later, Bobby made a 911 call. He told the operator that three people were in his home threatening his life and he was afraid of them and they would not leave. He said one of the three assaulted him by beating him in his face. Bobby can be heard on the 911 call telling the group to get out of his home and telling them not to come near him. The police came and Bobby told them the three had refused to leave his home and they had jerked the phone from him and prevented him from using it the first time he tried and that he had attempted to leave out his front door and they grabbed his wheelchair and prevented him from leaving. The female claimed Bobby touched her vagina even though the two men were in the same room with her the entire time she was in Bobby’s home. […]
No arrests were made at that time. None of the three were arrested for crimes they had committed. The crimes: Preventing Bobby from making an emergency phone call, assault and preventing Bobby from leaving his home by holding him hostage.
On September 22, 2008, Bobby was arrested and charged with Sexual assault of a child. Even though Bobby called 911 for help, the police report claimed it was the female who called for help and makes no mention of Bobby being assaulted. It does mention that the female was so high on drugs that her speech was slurred. In order to get an indictment, a mug shot was taken of Bobby making it appear as if he was not handicapped. His weight was omitted and the fact that he had no lower limbs was omitted.
Bobby received 4 different evictions from his handicapped accessible home due to his arrest. Manager Kimberly Reavis insisted that she wanted Bobby out. With the help of Lone Star Legal Aid, Bobby remained in his home. In February of 2009, Bobby was awakened by Kimberly Reavis, and informed of racist graffiti on his back porch. The graffiti was threatening “Move out nigger or die”, “KKK, “Whites Only” and etc. The police were notified but so far, no arrests were ever made.
Bobby’s only source of income is $674 which he receives from SSI. In March of 2009, he received a letter from Social Security Administration informing him his benefits were being cut off due to his having been arrested and the warrant that had been issued at that time. Medical assistance was also terminated. With the assistance of Lone Star Legal Aid, Bobby’s SSI and assistance was reinstated.
The Judge in the case, Eric Clifford, placed a gag order and sealed the records. That order has now been lifted. I just spoke to a clerk at the Lamar County Court – Criminal Division to confirm that fact. The clerk I spoke to was friendly, but she wasn’t sure if all the court records had been unsealed or merely those filed after the gag order was lifted. As she told me over the phone, gag orders are rarely issued in Lamar Count (the county in which Paris, Texas is located) so she was not familiar with all the details of what court records can be obtained.
I intend to fax a request for the prosecutor’s indictment and perhaps other records, but since copies of the records cost $1 per page, and the file is large (so I was informed by the clerk) I’m uncertain how much I can afford to pay for. My budget is limited. The fax number to request copies of the records is 1-903-785-4905. Those court records that would presumably include Grand Jury testimony by Mr. Yates’ accuser, the other two white males who were present in his home at the time of the alleged assault and the police officer who responded to the 911 call.
In any case, I find it odd that Mr. Yates, a double amputee, without any sex organs, is being tried for the crime of sexual assault. His physical condition at the very least arguably gives rise to reasonable doubt. Perhaps his story is a complete fabrication, but considering his race, the race of his accuser, and the past history of unequal and discriminatory prosecutions against black men alleged to have sexually assaulted white women in this country, I have serious doubts about the legitimacy of the prosecution.
The fact that the Judge originally issued a gag order sealing the court records from public scrutiny is one red flag.
The fact the Mr. Yates was not arrested until 6 months after the alleged crime took place is another major red flag.
My real hope is that that a major news organization will investigate the case and order the complete court file before Mr. Yates’ trial begins on May 26th. A Google search reveals only one news story in WiredPRNews, which is essentially the reposting of the press release issued by Justice for Bobby Yates. Obviously, this is case that isn’t on any media outlet’s radar.
Meanwhile Chang.org is seeking an investigation by the Department of Justice of the Lamar County Attorney’s actions in this case and at least several others that raise suspicions about his possible abuse of his office. Go to this website if you would like to sign their petition demanding Attorney General Eric Holder intervene.
When or if I can obtain further information about this case I will post it here. Thanks for reading.
