EXCELLENT ARTICLE
Barton: Justice delayed, denied Paula Deen
Posted: August 18, 2013 - 12:34am
By Tom Barton
You don’t have to be a judge to figure out the lawsuit filed last year against Paula Deen was as phony as dime-store jewelry.
You don’t even need a law degree.
Instead, you just need a degree of common sense.
Let’s briefly look at the facts in the trumped-up claims of racism made against Savannah’s celebrity chef, which were originally intended to force a wealthy and successful businesswoman to fork over $1.25 million in hush money to a former, five-year employee.
Not that it matters to corporate America. It has already judged her guilty — with an assist from a federal judge in Savannah who took his sweet old time in tossing out this rubbish Monday.
But facts still matter. As do laws.
They matter whether you’re a fan of this Southern-fried showwoman or someone who wouldn’t touch her cookbooks with a 10-foot baguette. They matter because justice matters — whether you’re promoting a brand or pushing a broom.
Let’s sum this case up in simple, real-life terms regarding racism and injury:
You can’t be a victim of racial discrimination if the person who’s allegedly discriminating is the same race as you. In this case, the alleged victim is Lisa Jackson. She’s as white as Deen. She worked for Deen’s family-run enterprises, then sued for damages when Deen refused to pay her off.
Was she injured? Her white boss promoted her from a $7-an-hour hostess job to general manager, where she pulled down $114,000 a year. If that’s hurtful, bring on the pain.
That doesn’t mean people can’t make bogus claims. It happens and keeps some lawyers in pinstripes. But that’s why we have courts. They’re designed to separate the wheat from the chaff.
We’re a nation of laws, not of men. Right?
After the Paula Deen debacle, I’m not so sure.
One reason is Senior U.S. District Judge William T. Moore Jr., who handled this high-profile case.
Moore has been a jurist for the Southern District of Georgia for 19 years. In 2010, he was the judge who correctly rejected claims of innocence by convicted cop killer Troy Anthony Davis, who was executed in 2011.
Moore’s handling of that case was impressive and meticulous. But in the Deen case, which was a zillion times less complex, it was as if he mailed it in.
For example, Savannah attorney William Franklin, Deen’s lawyer up until recently, made a motion to dismiss the claims against Deen on Dec. 18, 2012. But Moore didn’t make a ruling until Aug. 12, 2013.
Why? I know federal judges have lifetime appointments and never have to explain themselves. But this was black-letter law.
Jackson’s claims could have been tossed in eight seconds. Not eight months.
Equally inexplicable — and ultimately, hugely damaging to Deen’s bank account — was the judge’s decision that forced lawyers to take depositions. Neither side wanted to make this big investment in time and money. And you can’t blame them. It makes more sense to first know what the judge thinks about the case and whether it will go forward. Both sides even filed a joint motion on Jan. 11, 2013, asking for a legal time-out.
Moore denied it without explanation three days later, on Jan. 14, 2013.
That was huge. It led to Deen’s May 17 deposition. It produced a 147-page transcript, of which only a tiny bit was made public, first in June by the National Enquirer: Deen truthfully admitted that she used the N-word 30 years ago.
Within weeks, the Smithfields and Wal-Marts and Targets of the corporate world — the same companies that couldn’t get enough of Paula — treated her like toxic waste.
Had the judge put everything on hold before making the easiest call of his judicial life on Monday, this racial slur that Deen uttered in her ancient past would have remained buried in her past. She’d still have those million-dollar deals. She wouldn’t be forced to prove a negative: I am not a racist.
“Paula Deen is done despite legal win,” screamed a headline in Tuesday’s edition of USA Today. I’m not buying it. Her fan base is still big. Americans tend to be a forgiving people.
I wouldn’t be surprised if there’s another book from Deen down the road. But not one with recipes. Instead, this one is for the legal profession.
“Paula Deen’s Unjust Desserts: Justice delayed means justice denied.”
Read it, then weep.
Tom Barton is the editorial page editor of the Savannah Morning News.
tom.barton@savannahnow.com.