Steve Phillips Trial Victory and Loss
December 9, 2005
I want to try and explain what went on in Selma, Alabama this week. My trial was finally held and we received mixed results. First I want to thank all of the hundreds if not thousands of people throughout our country who have written, called, donated or otherwise supported me and the divers, collectors, historians and relic hunters of Alabama. When I have felt weak and tired of this fight to regain public access to our lands and waters the knowledge that all of you exist has made it possible for me to stay the course. We have been trying to solve some of the problems concerning the Alabama Underwater Cultural Resources Law since it was passed in 1999. I want to thank the Legislators and Governor Riley for doing as much as they have so far and ask them to continue to support the rights and freedoms of Alabama citizens. I am blessed with the best family in the world and my friends are in my mind the best and most supportive that anyone could hope for and far better than I deserve.
Now I want to talk about my trial. I asked for and received a jury trial. Judge Wiggins was assigned to my case this week and he was fair and nice. He appears to be a fine man and I like him. The jurors were good and paid attention to all of the witnesses and gave their honest and fair verdict in their opinion. I am very pleased with the jury and I value their willingness to perform their duties as jurors. I consider myself fortunate to live in a country where I can be tried by a jury of my peers. Win, lose or draw, I got a fair trial.
My lawyer is my friend and dive buddy, Erskine Mathis. He is on of the best defense trial lawyers in Alabama. He did a great job in Selma and totally destroyed the prosecution of me under the Alabama Cultural Resources Law. We won all aspects of the two charges against me under the law. I was found not guilty. The Historical Commission had two semi-knowledgable witnesses that said the relic weapon that I found was worth thousands of dollars when actually it was worth less than two hundred dollars. We had two of the most respected Civil War antique experts in the country who Erskine called to evaluate the relic. Jack Melton is a well known author of Civil War books and the top photographer for North South Traders Civil War magazine. John Sexton is the number one Civil War antique appraiser in the world. They both came to my trial at their own expense because of their interest in the public having access to our public lands and waters. They traveled hundreds of miles and I appreciate their support. There are too many people that I want to thank for their help but one stands out as solid as a rock. John Trott was at my trial each day and he has traveled with me to Montgomery many times over the last two years. John is not a historian or relic hunter but he is a good and faithful friend who wants the people of our state to be treated better than we are. The Historical Commission tried to show that the river at Selma was an archeological site that was covered by the AUCRA law. Erskine tried for days to get them to show any list anywhere that any sites are listed where we should not dive. They never produced any list. One archaeologist from Moundville said that he had a list but that commoners can't have access to the list because they may be looters. This list is only to be seen by other professional archaeologists. According to this man we can't see any list but we can be arrested if we go to any of his Super Secret Sites. This of course makes no sense except to these dysfunctional bureaucrats. The jury didn't buy any of the Historical Commissions malarkey. All aspects of the Historical Commission and the professional archaeologists were ruled against by the jury's verdict. The AHC lost.
So now let me explain where we lost. I was also charged with an old law that is a land law and has nothing to do with water. A few months ago when the District Attorney saw that the AUCRA law was no good, I was charged with stealing property from the state. This is the law that the jury convicted me of, a misdemeanor. The reason that the jury ruled against me was to send a message to the people of Alabama. The jury found me innocent of a felony. The Dallas County District Attorney in the closing arguments asked the jury to find me guilty to send a message to the people of Alabama to not come to Selma, Alabama. I got the message. I won't be coming to Selma until we win our appeal. I won't be spending any money in restaurants, hotels, gas stations, or any other stores or businesses in Selma. We won't be bringing any groups to Selma or Aruba until the people of Alabama are treated better in both places. The DA was clear in his request that we stay away. People from outside of Selma are not welcome. This is their right and I respect their wishes. I do ask that the legislators from the rest of Alabama remember that Selma doesn't want us and I hope that our tax monies will be used in places that we are welcome. I hope to someday be able to continue my work of documenting the work that was done at Selma during the Civil War. History is the loser. Below I have included my lawyer Erskine Mathis's response on the outcome of the trial. We will put the transcript of the trial on our web site when we get it.
Steve Phillips
Save Our Lost History
Dear Steve,
I read the article in the Times Journal. I could not disagree more. This is a resounding defeat for the Underwater Cultural Resources Act. They lost on the misdemeanor count as well as the felony count.
You were convicted of Theft of Property 3rd degree. That is the same as shoplifting. I do not believe it will stand after appeal, because I do not believe it is possible to steal from someone (the State of Alabama) who does not know the property even exists.
The law in Alabama is that if you find abandoned property on someone else's land, and that property is on top of the ground, finders keepers rules except to the actual owner. However, if you find abandoned property on someone else's land and it is embedded in the soil, the property belongs to the owner of the land.
The State of Alabama, by case law going back at least to the 19th Century, owns the bottoms of the rivers. In our case, the state claimed that the rifle Steve recovered was embedded in the bottom of the river and therefore it belonged to the State, and if Steve took it without their permission he committed theft.
I believe this is a tremendous stretch for our theft statute. In the first place, the case law the State relied on in this case was civil law. It might well rule, if someone were sued to recover the property, but I do not think it should carry the day in a criminal trial. If this is the law of Alabama, anyone walking down the highway who finds and recovers something half buried on the side of the road, something thrown out by a passing motorist, that person has technically committee theft because they took property of the State of Alabama without permission.
I believe I can overturn this conviction on appeal.
Erskine
December 9, 2005
I want to try and explain what went on in Selma, Alabama this week. My trial was finally held and we received mixed results. First I want to thank all of the hundreds if not thousands of people throughout our country who have written, called, donated or otherwise supported me and the divers, collectors, historians and relic hunters of Alabama. When I have felt weak and tired of this fight to regain public access to our lands and waters the knowledge that all of you exist has made it possible for me to stay the course. We have been trying to solve some of the problems concerning the Alabama Underwater Cultural Resources Law since it was passed in 1999. I want to thank the Legislators and Governor Riley for doing as much as they have so far and ask them to continue to support the rights and freedoms of Alabama citizens. I am blessed with the best family in the world and my friends are in my mind the best and most supportive that anyone could hope for and far better than I deserve.
Now I want to talk about my trial. I asked for and received a jury trial. Judge Wiggins was assigned to my case this week and he was fair and nice. He appears to be a fine man and I like him. The jurors were good and paid attention to all of the witnesses and gave their honest and fair verdict in their opinion. I am very pleased with the jury and I value their willingness to perform their duties as jurors. I consider myself fortunate to live in a country where I can be tried by a jury of my peers. Win, lose or draw, I got a fair trial.
My lawyer is my friend and dive buddy, Erskine Mathis. He is on of the best defense trial lawyers in Alabama. He did a great job in Selma and totally destroyed the prosecution of me under the Alabama Cultural Resources Law. We won all aspects of the two charges against me under the law. I was found not guilty. The Historical Commission had two semi-knowledgable witnesses that said the relic weapon that I found was worth thousands of dollars when actually it was worth less than two hundred dollars. We had two of the most respected Civil War antique experts in the country who Erskine called to evaluate the relic. Jack Melton is a well known author of Civil War books and the top photographer for North South Traders Civil War magazine. John Sexton is the number one Civil War antique appraiser in the world. They both came to my trial at their own expense because of their interest in the public having access to our public lands and waters. They traveled hundreds of miles and I appreciate their support. There are too many people that I want to thank for their help but one stands out as solid as a rock. John Trott was at my trial each day and he has traveled with me to Montgomery many times over the last two years. John is not a historian or relic hunter but he is a good and faithful friend who wants the people of our state to be treated better than we are. The Historical Commission tried to show that the river at Selma was an archeological site that was covered by the AUCRA law. Erskine tried for days to get them to show any list anywhere that any sites are listed where we should not dive. They never produced any list. One archaeologist from Moundville said that he had a list but that commoners can't have access to the list because they may be looters. This list is only to be seen by other professional archaeologists. According to this man we can't see any list but we can be arrested if we go to any of his Super Secret Sites. This of course makes no sense except to these dysfunctional bureaucrats. The jury didn't buy any of the Historical Commissions malarkey. All aspects of the Historical Commission and the professional archaeologists were ruled against by the jury's verdict. The AHC lost.
So now let me explain where we lost. I was also charged with an old law that is a land law and has nothing to do with water. A few months ago when the District Attorney saw that the AUCRA law was no good, I was charged with stealing property from the state. This is the law that the jury convicted me of, a misdemeanor. The reason that the jury ruled against me was to send a message to the people of Alabama. The jury found me innocent of a felony. The Dallas County District Attorney in the closing arguments asked the jury to find me guilty to send a message to the people of Alabama to not come to Selma, Alabama. I got the message. I won't be coming to Selma until we win our appeal. I won't be spending any money in restaurants, hotels, gas stations, or any other stores or businesses in Selma. We won't be bringing any groups to Selma or Aruba until the people of Alabama are treated better in both places. The DA was clear in his request that we stay away. People from outside of Selma are not welcome. This is their right and I respect their wishes. I do ask that the legislators from the rest of Alabama remember that Selma doesn't want us and I hope that our tax monies will be used in places that we are welcome. I hope to someday be able to continue my work of documenting the work that was done at Selma during the Civil War. History is the loser. Below I have included my lawyer Erskine Mathis's response on the outcome of the trial. We will put the transcript of the trial on our web site when we get it.
Steve Phillips
Save Our Lost History
Dear Steve,
I read the article in the Times Journal. I could not disagree more. This is a resounding defeat for the Underwater Cultural Resources Act. They lost on the misdemeanor count as well as the felony count.
You were convicted of Theft of Property 3rd degree. That is the same as shoplifting. I do not believe it will stand after appeal, because I do not believe it is possible to steal from someone (the State of Alabama) who does not know the property even exists.
The law in Alabama is that if you find abandoned property on someone else's land, and that property is on top of the ground, finders keepers rules except to the actual owner. However, if you find abandoned property on someone else's land and it is embedded in the soil, the property belongs to the owner of the land.
The State of Alabama, by case law going back at least to the 19th Century, owns the bottoms of the rivers. In our case, the state claimed that the rifle Steve recovered was embedded in the bottom of the river and therefore it belonged to the State, and if Steve took it without their permission he committed theft.
I believe this is a tremendous stretch for our theft statute. In the first place, the case law the State relied on in this case was civil law. It might well rule, if someone were sued to recover the property, but I do not think it should carry the day in a criminal trial. If this is the law of Alabama, anyone walking down the highway who finds and recovers something half buried on the side of the road, something thrown out by a passing motorist, that person has technically committee theft because they took property of the State of Alabama without permission.
I believe I can overturn this conviction on appeal.
Erskine
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