02/27/2024
Judge Grimes has an opponent. You see her signs everywhere. This is why. Vote for Whitfield, and change your courts for the better.
A short story in a series of short stories about how unfair Fort Smith District Court Judge Amy Grimes is and one of the dozens of reasons I'm running against her. I appealed about 30 of her denials of petitions to seal and had them all overturned in one day. This is one of those petitions to seal.
In 2002, Billy Gilbert was accused of misdemeanor battery on his teenage son. Billy's son was trying to leave in his truck and they struggled over the truck door. A neighbor saw the commotion after it began, and called the police. Some of the door grease had gotten on Billy's son's arm. When the police finally spoke to Billy's son, they mistook the door grease for a bruise, and arrested Billy.
Billy was not found guilty of battery, instead a judge ruled in 2003 that the charge was DISMISSED.
In January 2021, now 59 years old, Billy hired me to seal this dismissed charge. You see, the FBI had trouble understanding the court paperwork and was not allowing Billy to pass a background check for his security clearance and to protect his stroke-victim wheelchair bound wife.
If the prosecutor does not object, the law demands that the case be sealed.
The prosecutor did not object. After 6 months of nonsensical denials, Judge Grimes finally decided to let Billy have his hearing. I wrote a brief outlining what the law was. The prosecutor did not even show up for the hearing. I told Judge Grimes I didn't feel comfortable discussing this case without the prosecutor present because it is illegal to have ex parte communications. Judge Grimes ordered me to proceed. I then told Judge Grimes the law that the burden of proof was on the prosecutor, and that this petition to seal should be granted as a matter of law since they are not here.
Jude Grimes denied my motions and ordered me to continue. Billy took the stand and testified he had not been in trouble since, and that he was not guilty of the crime which is why the charge was dismissed. Judge Grimes then said it did not matter that the charges were dismissed, that just because Billy was arrested, then the police must have had a reason to arrest him. She said Billy was not taking responsibility for the crime and therefore she was leaving it on his record. You see, Judge Grimes is the wife of the former Sebastian County Sheriff, Democrat Gary Grimes. However, this position does not even make sense as police officers were not even the ones to witness the alleged crime, it was a neighbor that saw the altercation AFTER it started!
After this farce of a hearing, I had a few more hearings in front of her on similar petitions to seal, all of which we lost. However, I appealed them to the judges above her and had her OVERTURNED 30 TIMES on February 10, 2022. OVER A YEAR after they were requested to be sealed. Something that should have taken 30-90 days took almost 13 months.
This is one of the many reasons why I'm running against Amy Grimes.