The Case of Cory Maye

A cop is dead, an innocent man may be on death row, and drug warriors keep knocking down doors.

Radley Balko from the October 2006 issue

(Page 5 of 7)

Understandable as Brown’s decision might have been, it likely sealed Maye’s conviction. Cooper’s inexperience was obvious at the trial. She embraced conspiracy theories that, while perhaps plausible, had no place in her client’s legal defense. (She floated the idea, for example, that the warrant for Maye’s apartment was composed after the raid.) Meanwhile, she neglected some basic obligations of an attorney in a homicide case, such as interviewing the police officers immediately after the raid to get their version of events on record early. She was often unprepared. In the two years between the raid and Maye’s capital trial, Cooper met with Maye just three times. During the death penalty phase of the trial, she inexplicably had no instructions for the jury, telling the judge she’d failed to prepare them because she “didn’t think the case would get this far.”

De Gruy, who knows Cooper, says she should have known better than to take the case. “Rhonda did what she could, and I’m sure her heart was in the right place,” he says. “But she was in way over her head with that case. When you hang that shingle in front of your office, you have a responsibility to take cases you’re qualified for. Rhonda wasn’t ready for a death penalty trial.”

Cooper initially cooperated with my efforts to learn about the Maye case. When it became necessary to inquire about her performance at trial, however, she stopped returning my phone calls.

Cooper’s first mistake was her most perplexing and probably most costly. Soon after taking Maye’s case, she filed a change of venue motion to move the case from Jefferson Davis County to Lamar County. Jefferson Davis County is 57 percent black; Lamar County is 85 percent white. Lamar is also richer (its median income is $37,628, while Jefferson Davis’ is $21,834), and more conservative (it voted 4 to 1 for Bush in 2004, while Jefferson Davis favored Kerry by a slight margin).

The move made no sense. “I imagine the prosecution was doing cartwheels on their way to the courthouse to answer that motion,” Evans says. The prosecutors had no objection, of course. Cooper soon realized her mistake and attempted to move the venue back to Jefferson Davis County. It was too late. The judge ruled that Maye had forfeited his right to be tried there. Instead, he moved the trial to a third locale, Marion County. It wasn’t much of a compromise. Marion is also wealthier, whiter (67 percent), and far more conservative than Jefferson Davis.

In an area where race and class figure so prominently in public and private life, Cooper’s mistake was devastating. “The best the prosecution would have gotten in Jefferson Davis County is a hung jury,” Evans says. “There’s just no way a majority-black jury would have come back with death with those facts.” (The jury that convicted Maye consisted of 10 whites and two blacks.)

Cooper also made a colossal mistake with respect to the gun Maye used the night of the raid. The gun had been reported stolen several months earlier, from a town about 100 miles away. Prosecutors concede they have no reason to think Maye stole it, and Maye himself says he got the gun from a friend and used it for hunting and self-defense. Evans explains that in rural Mississippi, guns change hands like fishing tackle. There’s no registration requirement and no duty to investigate whether a gun has been reported stolen upon receiving it. In other words, Maye didn’t break any laws by keeping the gun in his home. When the prosecution tried to admit the fact that the gun had been reported stolen into evidence, the trial judge declined, determining the gun’s stolen status to be prejudicial to Maye and irrelevant to the case. Inexplicably, during her questioning of Maye, Cooper broached the subject of the gun, opening the door for the prosecution to question Maye about its origins. Maye’s credibility with the jury took another blow.

Cory’s aunts, brother, and family friends chuckle nervously at the mention of Cooper’s name. Making her best effort at diplomacy, Dorothy Funchess says she doesn’t much care for Cooper and didn’t from the start. She says Cooper was arrogant and never returned her phone calls. “Of course, I didn’t have much say in the matter,” she tells me. Then she looks at Robert Brown. Shortly after his son’s death sentence, Brown was in a car accident that left him with severe speech and motor impairment. As if afraid to kick the man while he’s down, she cuts herself off. “I’m sure she did what she could,” Funchess says. “But I didn’t care for her.”

‘You Invite All Sorts of Problems’

The highly aggressive raid that killed Jones and put Maye on death row is not at all unusual. The use of paramilitary tactics to serve drug warrants is increasingly common in America. Television shows such as A&E’s Dallas SWAT and Court TV’s Texas SWAT reflect a trend toward the use of heavily armed, heavy-handed raid teams for routine drug policing, even for crimes as benign as simple possession of marijuana.

Former Los Angeles Police Chief Darryl Gates is credited with creating the SWAT concept back in 1966. Gates was inspired by the way police in Delano, California, had trained a special unit of snipers, riot police, and crowd control officers to put down the farm worker uprisings led by Cesar Chavez. SWAT teams quickly carved out a niche in American pop culture after Gates’ pet project faced televised encounters with the Black Panthers in 1969 and the Symbionese Liberation Army in 1974. By the mid-’70s there was a SWAT TV drama whose theme song entered the Top 40.

Even as SWAT teams gained popularity in the 1970s, they were still used sparingly, largely limited to emergency situations such as hostage takings, prison breaks, and bank robberies. That all changed in the 1980s, when the Reagan administration and a willing Congress ratcheted up the war on drugs.

Peter Kraska, a criminologist at Eastern Kentucky University and a widely cited expert on the militarization of U.S. police departments, has conducted extensive surveys on the use of SWAT teams dating back to the early 1980s. According to Kraska, the number of SWAT call-outs jumped from about 3,000 per year in the early 1980s to more than 40,000 per year in the early 2000s. The vast majority of that increase has been for drug policing.

Stocked with surplus Pentagon equipment that Congress has made available for drug enforcement, police departments across the country have formed SWAT teams at an alarming clip, even in absurdly small towns where violent crime is unheard of. Mt. Orab, Ohio—population: 2,700—has its own SWAT team. Unicoi County, Tennessee, has 17,700 people, and it hasn’t had a reported murder in six years. Its SWAT team recently acquired an armored personnel vehicle.

In even smaller towns and counties where budgets don’t allow the extravagance of a local SWAT team, officials share resources to create regional SWAT teams, such as the Prentiss-area Pearl River Basin Narcotics Task Force. Officials often cite the threat of terrorism, school shootings, hostage situations, or other emergencies when justifying their local team, but inevitably they’re used primarily to serve drug warrants. The dramatic rise in the number and use of SWAT teams has been coupled with a continued reliance on confidential informants—shady, often unreliable figures who offer tips to police in exchange for money, lenient treatment in their own criminal cases, or the elimination of competing drug dealers.

Comments

|10.10.09 @ 2:53AM|#

excellent article, both compelling and documented, you're a credit to the field of writing.

Ratko|12.9.09 @ 5:08PM|#

You said it, Steve, spot on.

Radley's articles almost always inspire thought, and can be credited for changing some of my long held opinions and beliefs.

One such opinion was that of our justice system, it's not perfect, but despite the fact my core system of values dictates that should one man suffer unequal treatment the system is not just, I was willing to accept it as is. It's not acceptable, with so much power in the hands of so few, and little oversight by the rarest creature of all, the authentic watchdog, there is little incentive to make it acceptable.

Back home in Phoenix, I knew a Cory who is Black. He too shot and killed a cop in a botched bust involving illicit drugs.

Both Corys faced similar charges, but the one I knew had a prior record and was found not guilty. It was an undercover narcotics officer his case, he was apparently making the bust without first announcing he was a law officer he attempted to draw his firearm, an action that resulted in his death.

Phoenix Cory was unaware he was dealing with a police officer, so assumed he was being shot. His reaction was to counter draw his pistol in an attempt to fire first, he was successful.

The mistakes made by the state didn't end there, they continued, one was withholding the name and identity of the man he had killed as a police officer until just prior to his trial.

Ultimately his action in the shooting was deemed justifiable. Sometimes, as in this case the system works.

Other times, as in the case of the other Cory, it's nothing more than a human being's fate being decided by the spin of a rigged wheel of misfortune.

The 21st century and this is the best we can manage? "..a boot stamping on a human face.." How much longer until the face won't have to be our very own before we can realize the serious consequences of allowing such an action. We better wake up soon, once we pass the point of no return, our power to influence these matters has ended - forever.

Pingback| 11.17.09 @ 3:11PM

Twitter Trackbacks for The Case of Cory Maye - Reason Magazine [reason.com] on Topsy links to this page. Here’s an excerpt:

…Topsy to Your Blog Turn tweets into comments for your WordPress blog. Topsy Plugin – WordPress Shortened Links Linking to the reason.com page http://is.gd/4XkqB   2 tweets retweet The Case of Cory Maye - Reason Magazine reason.com/archives/2006/10/01/the-case-of-cory-maye – view page – cached A cop is dead, an innocent man may be on death row, and drug warriors keep knocking down doors. 2 All 2…

Pingback| 11.17.09 @ 9:32PM

All Libertarians Only Care About Taxes and White People § Unqualified Offerings links to this page. Here’s an excerpt:

…Crack rock, rolling paper, switchblade | Main | November 17, 2009 All Libertarians Only Care About Taxes and White People By Mona Everyone “knows” that, right? Well Radley Balko’s Pulitzer-worthy journalism was the sine qua non of this. Or at least, his publicity-generating investigations mean that Cory Maye will now have a superb defense team. (And for those who may not know, Maye is an…

Pingback| 11.19.09 @ 2:43AM

Why you should care about Cory Maye and Cameron Todd Willingham » North by Northweste links to this page. Here’s an excerpt:

…Writing Politics Multimedia Magazine RSS Why You Should Care / Nov. 18, 2009 at 11:20 pm Why you should care about Cory Maye and Cameron Todd Willingham By Matt Zeitlin It’s hard to imagine a more depressing story than that of Cory Maye. In September, 2001, when he was just 21 years old, Maye fell asleep on the couch of his duplex in Prentiss, Mississippi. Hours later, armed men assaulted his home and burst into his…

|11.21.09 @ 1:32AM|#

This is absurd, self defense is a god given right, this cop crossed the line, and got what he had coming. I've got nothing against cops per-say, but when they use Nazi tactics, and lose, justice turns pervert. It's not even justice anymore, our system is so corrupt, and one sided, you are NOT presumed innocent,until you can prove it beyond doubt, any doubt. The second one sets foot in a courtroom, they're guilty, and the court is prejudice.

|11.21.09 @ 1:37AM|#

This is absurd, self defense is a god given right, this cop crossed the line, and got what he had coming. I've got nothing against cops per-say, but when they use Nazi tactics, and loose, justice turns pervert. It's not even justice anymore, our system is so corrupt, and one sided, you are NOT presumed innocent,until you can prove it beyond doubt, any doubt. The second one sets foot in a courtroom, they're guilty, and the court is prejudice.

|11.21.09 @ 4:17AM|#

A really simple solution to the problem of "he said, he said", would be to mandate by law recording devices be present during these raids. A man's life hinges upon whether the police shouted "Police!" before he started shooting at them. How simple it would have been to have a video, or even audio recording of the raid.
The standard of proof would be statutorily pegged, that if the police did not make the recording, in violation of law, then the presumption of credibility will lie with the defendant.

|11.21.09 @ 10:43PM|#

Want to make a CHANGE in Mississippi? Take 3 minutes and sign my petition! You'll be glad you did!
http://www.gopetition.com/online/25939.html

Pingback| 12.18.09 @ 2:08PM

TheDrug War - Political Fever - The Political Debate Forums links to this page. Here’s an excerpt:

…to an erosion of civil liberties, and things that can have disastrous results. For example, the rash of botched no-knock paramilitary-style raids that kill innocent pets and people, and sometimes innocent people kill cops. Neighborhoods are shut down by military-style occupations. Harmless Hippie stoners are threatened and forced to become informants, and the results can be fatal. The corruption of law enforcement is…

Pingback| 1.12.10 @ 9:57AM

Cory Maye - On Death Row After Defending His Daughter In Half-Assed Drug Raid - Gree links to this page. Here’s an excerpt:

…Baked User   Join Date: Jan 2009 Posts: 1,454 Thanks: 1,532 Thanked 1,874 Times in 843 Posts Rep Power: 500 Cory Maye - On Death Row After Defending His Daughter In Half-Assed Drug Raid The Case of Cory Maye - Reason Magazine __________________ My first grow! Check it out! (Perpetual Round Two! Starting at post #61 ) Cannabis is a transformation, f(x), such that -> and -> . Do the math and smoke! «…

Pingback| 1.12.10 @ 10:30AM

Meet Cory Mayes. Someone kicked in his back door, barged into his child’s bedroom, an links to this page. Here’s an excerpt:

…0px 0px 10px;} td.recentcommentstextend { border: none !important; padding:0px 0px 2px 10px;} // Meet Cory Mayes. Someone kicked in his back door, barged into his child’s bedroom, and got shot. Mayes was sentenced to death, because the man in question was a cop on a drug raid. This article made me rage. reason.com 17:30 on 2010/01/12 | Permalink | Reply | 0 -   Reply Click here to cancel reply. Name…

|1.12.10 @ 10:31AM|#

Is anyone actually surprisd by this? I mean really?

Kelp
www.web-privacy.se.tc

|1.12.10 @ 1:21PM|#

anyone who lives in that county knows who the informant was and that individual was a racist himself. If you seen him he would be yelling "WHITE POWER!" To me it sounds like bad info from a bad informant...plain and simple!

Mark|1.12.10 @ 5:41PM|#

Burn in Hell Cory Maye, you deserve it.

|7.1.11 @ 6:26PM|#

you red neck hillbilly come up north and talk that smack i will show you just what it is like to feel the fires of hell,God remembers all..and he is coming home so put that in ur pipe and smoke it u blue eyed devil

Pingback| 1.13.10 @ 6:12AM

What's Pissed Me Off » Blog Archive » That Other War links to this page. Here’s an excerpt:

What's Pissed Me Off » Blog Archive » That Other War .wpa_container {position: relative; margin: 0; padding: 0; font-family: Arial, Sans-serif; line-height: 1; text-align: left;} .wpa_play {position: absolute; top: 0; left: 0; width:…

Pingback| 1.16.10 @ 3:13AM

Top 10 Cannabis Studies the Government Wished it Had Never Funded - Political Forum links to this page. Here’s an excerpt:

…true); Analyst   Join Date: Apr 2009 Location: Minnesota Posts: 2,281 Credits: 11,857 Meet Cory Mayes. Someone kicked in his back door, barged into his child's bedroom, and got shot. Mayes was sentenced to death, because the man in question was a cop on a drug raid. __________________ "The Arab states which had encouraged the Palestinian Arabs to leave their homes temporarily in…

Pingback| 1.16.10 @ 10:41AM

Tom Conlon Fans » My Shared Items: Week of January 9th, 2010 links to this page. Here’s an excerpt:

…pledge with remarkable courage. This is history, folks! Skywalkers in Korea Cross Han Solo – washingtonpost.com – I usually hate headline puns but that is just genius. The Case of Cory Maye – Reason Magazine – Shoveling Snow with Buddha by Billy Collins – What Stimulus? Road Projects Aren't Boosting Jobs Much – CNBC – Thanks, Bryan! Irrational fears give nuclear…

Pingback| 1.18.10 @ 9:47AM

Briefly Noted: James W. Ceaser, “The Roots of Obama Worship” links to this page. Here’s an excerpt:

…attitudes about race. I do not want to mention names, but believe me, outside of UVA and Stanford racism is alive and well and nasty, nasty stuff. I love this country, but I would be crazy to ignore cases like this: The most striking impression I get is the pervasive, suffocating role race plays in everyday life. The fear and paranoia from black residents can be overwhelming. But even to someone generally…

Pingback| 4.19.10 @ 12:15AM

The new Slave Masters | The Libertarian Standard links to this page. Here’s an excerpt:

…such convictions. Just as in the past, blacks had nearly no ability to exercise self-defense without severe negative repercussions, so today do people of all races have nearly no ability to defend themselves against thuggery from the elite class. In light of the new reality, why don’t we reinvigorate some proud American traditions? Police departments already cooperate in apprehending fugitives, so the…

nfl jerseys|11.6.10 @ 4:34AM|#

brgyj

Sheepskin Boots Sale|11.20.10 @ 6:16AM|#

you can grab the active participation of metal rouge Alpine Sheepskin Ugg Boots Classic. If not, you can aces Ugg Boots Online Store ? boots tenuous. we are in a suitable range to ensure

BWM|12.2.10 @ 9:06PM|#

I like the article. It amazes me that conservatives and even alot of liberals have so much faith in police. The police are like the military; an essential part of the government, but exceedingly dangerous, and a tool to be kept under a careful eye at all times. When civilian deaths are shrugged off and police deaths mean war, the state has completely subverted it's role. They serve US, after all.

|12.6.10 @ 4:33PM|#

The Drug Police are running wild in this country & must be stopped. Thank the Lord & thank the judge-why is he unnamed?

Hamburg hotels stay|4.8.11 @ 11:38AM|#

Nothing against the article, but I disagree with a couple of points to some extenct. I’m probably a minority though, lol. Thanks for sharing.

Hotels in Venice|4.21.11 @ 8:44AM|#

Wonderful web-site, in which did you observed this details in this article? I am glad I found it. i am going to be checking out back soon to examine what other content articles you may have.

badboy|5.24.11 @ 3:29AM|#

Adult High Definition Videos

دردشة|6.23.11 @ 9:56PM|#

thanks

|7.1.11 @ 4:53PM|#

It's so sad in the day & age that's things like this still happen.
Thank you for bringing this to light Mr. Balko. I am sorry Mr. Maye last ten years of his life; Mississippi is such a sorry state. Thank God I don't live there.

|7.1.11 @ 6:22PM|#

@ mark if anyone is going to burn in hell it will be you for saying that God remembers all come up
north and talk that trash,see God took care of him no matter what you say cause he is coming home so put that in ur pipe and smoke it you red neck hillbilly

Gabe|7.4.11 @ 8:04AM|#

Fantastic work and article. You are the man.

|7.5.11 @ 12:40PM|#

.. I paid $32.67 for a XBOX 360 and my mom got a 17 inch Toshiba laptop for
$94.83 being delivered to our house tomorrow by f3dex. I will never again pay expensive r3tailprices at stores.I even sold a 46 inch HDTV to my boss for $650 and it only cost me $52.78 to get.Here is the website we using to get all this stuff, BuzzSave.com.......,.

M|7.7.11 @ 4:26AM|#

Jesus Christ, Reason magazine, can't you

a) have a decent spam filter
and
b) have a "this is spam" button by each comment?

قبلة الوداع|8.17.11 @ 10:22PM|#

ThaNk U