Twenty years after the fact, I return to a series of events
that shaped my perception of not just American justice, but American society.
What follows is part personal anecdote and part legal history. It challenges
how we see our law enforcement system, in all its multitudinous ways, often
more incompetent than malicious. Conspiracies require flawless, exactingly
detailed work by everyone involved, with no accidental leaks to the media.
Often, I see in its place a childish tit-for-tat retaliation with decisions
motivated mostly by spite.
Jesse Woodrow Shotts was a well-respected criminal defense
lawyer from Birmingham, Alabama. He billed himself, informally, as the champion
of the underprivileged. This belief was likely due to a substantial chip on the
shoulder. Shotts had grown up working class in a city where the blast furnaces
of the steel mills still pumped a thick, consistent cloud of acrid smoke over
the entire metropolitan area. He’d had the intelligence and the ambition to be
able to look beyond the back-breaking, laborious jobs that seemingly employed
the entire city.
In high school, he'd been a scrappy, determined shortstop on the baseball team. His pugnacious, hard working attitude carried over into his adulthood. By the early 1990’s,
Jesse Shotts, though his own hard work and diligence, had made a reputation for
himself. He felt genuine compassion for the people he represented, who were
often ex-cons or those with sketchy pasts. When most people would have kept their
distance, Shotts put them under his employ and kept their heads above water.
Times had changed considerably in a city once considered the
most segregated in America. Civil Rights drove whites en masse out of the city
limits, over Red Mountain. The immediate downtown area was left impoverished
and overwhelmingly black, including North Birmingham. When wave after wave of
whites and white-owned businesses had flown the coop, he’d deliberately kept
his law office and primary means of business there.
Many of his clients were low-income people of color. As if
to prove his loyalty, Shotts also owned and maintained a series of rental
properties in the same part of town. Underneath a casual nonchalance, Shotts
was really a liberal underneath it all. Not that he would ever embrace the
label.
Shotts made mistakes. His biggest mistake was being good at
what he did. A skillful criminal defense lawyer, he made his reputation by
consistently beating the Feds at their own game. This won him friends but also
the enmity of his enemies. Shotts could sometimes be cocky, which further
enraged some fairly formidable foes, the Federal Bureau of Investigation being
one of them. Even with that knowledge, I’m not sure he ever could have foreseen
the direction his life was to take.
Jack Montgomery was a Criminal Court Judge in Jefferson
County, which contains all of Birmingham proper. Montgomery’s infamy and
eccentricities were legendary. By turns racist, vulgar, and haranguing in the
courtroom, the judge was the very definition of loose cannon. Having run
unopposed for every term of office, in part by putting the fear of God into
potential opponents, Montgomery’s behavior grew more and more outlandish and
erratic with age. In 1992, the judge was caught red-handed accepting bribes and
charged with racketeering, extortion, and bribary. This already sordid story soon took an
unexpected and surprising twist.
There is, of course, one more crucial distinction that needs
to be made first. Jack Montgomery and Jesse Shotts were close friends.
FBI agents executed a search warrant at Judge Montgomery’s
house, which turned up $31,000. Montgomery resigned immediately.
When taken to trial, Judge Montgomery tried a variety of
stalling tactics which delayed the process for months. He consistently claimed
to be physically and psychologically unable to stand trial. In time, his
courtroom shenanigans exhausted, he was taken before the court and found
guilty. While awaiting sentencing, the judge’s eccentricities reached new
heights, as he broke a hip while running naked down his driveway. Following
that, he cut himself with a chainsaw, for reasons unknown.
Two days before sentencing, Montgomery was found dead of a
gunshot wound in his basement. Curiously, no suicide note, or murder weapon was
found. This led to speculation that his fifth wife pulled the trigger, or that
a vindictive FBI arranged the killing. Most people suspected suicide. In any
case, Montgomery was nevertheless now unable to be formally pronounced guilty
and sent to prison.
Taking down Jack Montgomery had been something of a holy
grail for federal prosecutors. Having cheated justice with his demise, the FBI
was deprived of the satisfaction of having attained a plum conviction.
Accordingly, the Bureau began to formulate strategies to go after secondary
targets. One of them was Jesse Woodrow Shotts.
If guilt by association is admissible evidence, Jesse Shotts
would have found himself sentenced and jailed without the need for a formal
trial. FBI wiretaps were said to have revealed a conversation between the late
judge and Shotts discussing the legality of bail bonds. Bail bonds are a system
by which a person pays a percentage of a court-specified bail amount to a
professional bonds agent. The agent, in turn, puts up cash as a guarantee that
the person will appear in court.
The prosecution insisted that Montgomery and Shotts had colluded when Montgomery signed a bond in a county over which the judge had no judicial authority. Shotts, in accordance with state law, as an attorney, was banned
outright from owning a bail bonds company. The prosecution based much of its
case upon the assertion that Jesse Shotts had been the proprietor of the bail
bonds business. The defense vigorously disagreed and disputed this fact
strongly.
During the first trial and the appeal to follow, the FBI
relied heavily on the testimony of one witness. Her name was Kandy Kennedy.
Kennedy was Shotts’ secretary, a woman with a checkered past of her own, who
had spent time in prison. According to the defense, Kennedy had been threatened
with additional jail time and turned state’s witness as a result. She stood
accused of aiding in the destruction of other bail bonds that had been signed
by Jack Montgomery. Any firmly established chain of events or timeline involved
in said accusation was never proven in trial, one way or the other.
Shotts would be ultimately convicted on a 26 count
indictment in 1995, three years after Montgomery’s death. An appeal to the 11th
Circuit Court of Appeals in 1998 would reverse all but 2 of the charges. But by
then, Shotts had been sent off to prison. The manual labor demanded of inmates
created severe back problems. He retained his freedom on appeal, but left jail
a broken man.
Fighting the case had depleted his savings and his health.
Shotts even managed to employ legal heavyweight Alan Dershowitz to represent him for a time. For years
afterwards, Shotts still continued to contest his case, even appealing to the
Supreme Court. By 2003, the appeal eventually reached the highest court in the
land. However, what had been a decade-long process reached its end when the
justices passed on it. Fighting to reinstate his legal license, Shotts wanted
most of all to reverse his conviction. He never regained the right to practice
law. Shotts died a few years later of a heart attack.
Looking back now, twenty years after the fact, my
understanding of the criminal justice system has expanded greatly. Our
allegiances seem to fall somewhere in between a populist rancor at an
authoritarian government and an incredible frustration at incompetence.
Sometimes the systems that regulate our personal dealings are impotent, and
sometimes they are overreaching. That being said, I have my own sympathies. I
still believe that Jesse Shotts got a raw deal, in a frame-up by a group of men
who wanted blood justice at any cost.
I would vindicate his name if I could, but I know that the
real facts of the case may never be revealed. Many likely died with him. Like
many lawyers, Shotts played it very close to the line and with a degree of
relish. I’m thankful for the people who find trench warfare appealing, but I’m
more conservative. Shotts’ case reveals to me that the lines between good and
evil, legal and illegal, are much more blurry than we’d like to admit to
ourselves.