The Columbus Dispatch

Comfest’s famous dancer eulogized

He brought joy to so many in Columbus

- Holly Zachariah

Bishop Jerry L. Pierce Sr. stood at the pulpit and thundered away as he asked how a society could allow someone like Robert “Babachu” Spriggs – an artist, a spiritual man, a fixture known for his dancing at so many Columbus festivals, a friend to everyone – to leave this world in such a sad and unnecessar­y way.

“This articulate man … this model, this dancer, this singer,” Pierce practicall­y roared, “died outside, homeless, on a snowy, frigid day, 80 years old. A senior citizen. He could have been your father. He could have been mine.”

How, Pierce demanded, does that happen?

And the couple of dozen people gathered Thursday night in the sanctuary of Miracle Cathedral on the Near East Side to say goodbye to their friend all just shook their heads and prayed for answers. They were there to remember Spriggs, a man who for decades brought joy to so many in Columbus, whether he was singing during worship inside local churches, engaging in fellowship with others at a free community meal, or stealing the limelight every summer at Comfest in the Short North.

“As much as he danced, as much as he smiled, nine out of 10 people didn’t know he was homeless,” said Pierce, who is known for his decades of fierce advocacy for and passionate ministry to the unhoused population of the city. “Babachu danced as if nobody knew he was there dancing. Oh, if we all lived like that.” And to that, the people all said together “Amen.”

Much is still not known about the details of Spriggs’ life and his death. Some said he died in late February, though they didn’t know how. But Pierce and others said at the service that Spriggs froze to death on the steps of a Downtown church, and Pierce thought it was in the first week of February.

The Franklin County coroner’s office had a record of a Spriggs with a different first name who died on Jan. 30, so the two could not immediatel­y be matched. And public records show Spriggs was 81. Those who knew and loved him say he was 80. No matter. Everyone who gathered for the nearly 90-minute service at Pierce’s church Thursday was there simply to celebrate a life well lived – by the man’s own terms, they all agreed.

Every year, whether in the pouring rain or under a blazing June sun, somewhere out there in the middle of the mass of bodies at the free-wheeling, free-spirited party that is Comfest at Goodale Park, Spriggs could always be found putting on a show.

Turquoise rings on his fingers, silver chains dangling around his neck, often shirtless, always with a smile, this man who was a profession­ally trained dancer and choreograp­her who grew up in upstate New York, who built a career in Louisville, and who had traveled all over, somehow decades ago melded into the Columbus homeless community and sang and danced his way into the hearts of everyone he met.

Pastor Robert “Rusty” Russell of 2nd Chance Church on the Northeast Side told the small group assembled that he had only known Spriggs about four years but that was long enough to leave a mark. He said he was amazed at how often he would run into Spriggs. And whether the man was at a breakfast ministry or dancing for a crowd at Easton Town Center, he was always the same.

“He was the exact same person every time. It wasn’t a show,” Russell said. “He knew there were two reasons to be happy — either because of something or in spite of it. You never knew if he was having a good or bad day because he was always smiling.” Marla Tomastik Clark is director of administra­tion and finance at St. John’s United Church of Christ on East Mound Street Downtown, a place where Spriggs spent a lot of time.

“Babachu was absolutely full of grace,” Tomastik Clark said. “He was in need but you never knew that. He was just always so super giving. He was so loving and kind and we were just always so tickled when he showed up.”

Pre-pandemic, Spriggs was a regular at the church’s casual Wednesday service and for the weekly meal at “The Largest Table,” where at least 150 from the local unhoused population would

fellowship and break bread.

Spriggs generally sang the opening prayer, as he often did wherever he went. Pierce said he first met Spriggs nearly 25 years ago when Pierce worked at the Open Shelter Downtown and Spriggs was a resident. Pierce remembers cleaning time at the shelter, when he would crank up music and “Babachu would grab a mop and just dance with it” to clean the floor.

He said at Thursday’s service that Spriggs – who everyone agrees was a quiet and private man who entertaine­d but didn’t talk about himself much – has probably seven siblings who live all across the country. Pierce has been in contact with them in recent weeks as they searched for answers about the brother with whom they’d fallen out of touch.

Pierce said Thursday night that Spriggs had an apartment in a doubleunit

on Livingston Avenue for probably a decade, and that every time he visited him there it was always immaculate, the walls covered by Spriggs’ own paintings. But somehow, sometime, he ended up back on the streets where he probably was just as happy ministerin­g to those he met and making them smile.

“Babachu was the Fred Astaire of Goodale Park. Whenever he danced, he was electric. He was a light to this city,” Pierce said. “But we cannot celebrate his life unless we talk about his death. There are people in this city we don’t know about who died because they were homeless, because they didn’t have a key to get into some heat. What about the other homeless Babachus? What about them?”

And to that, the people all said together “Amen.” hzachariah@dispatch.com @hollyzacha­riah

MADISON, Wis. – Prosecutor­s trying a white former Minneapoli­s police officer in George Floyd’s death plan to use a legal doctrine called “spark of life” to humanize Floyd in front of jurors.

It’s a doctrine with roots in a 1985 state Supreme Court case, and one that several legal experts said makes Minnesota a rarity in explicitly permitting such testimony ahead of a verdict.

Assistant Attorney General Matthew Frank told Hennepin County Judge Peter Cahill on Wednesday that he plans to invoke the doctrine during Derek Chauvin’s trial. It allows prosecutor­s to call witnesses to testify about crime victims’ lives, ostensibly to portray them as more than a statistic. Defense attorneys complain the doctrine allows prosecutor­s to play on jurors’ emotions and has nothing to do with evidence. If Cahill allows prosecutor­s to go too far, he could hand Chauvin grounds for an appeal.

Here’s a look at the doctrine and the potential ramifications of it coming into play during Chauvin’s trial.

What is the ‘spark of life’ doctrine?

The doctrine emerged in 1985 when a defendant accused of killing a police officer argued to the Minnesota Supreme Court that the prosecutor prejudiced the jury with a speech about the officer’s childhood, his parents and his marriage. The prosecutor became so emotional the trial court had to take a recess.

The Supreme Court ruled that prosecutor­s could present evidence that a murder victim was “not just bones and sinews covered with flesh, but was imbued with the spark of life.” The prosecutio­n has some leeway to show that spark and present the victim as a human being as long as it is not an “attempt to invoke any undue sympathy or inflame the jury’s passions.”

How is spark-of-life testimony relevant?

Victim statements about the impact a crime has had on their lives are common during the sentencing portion of trials across the country. But allowing the introducti­on of deep biographic­al informatio­n about a victim ahead of a verdict appears to be unique to Minnesota.

The idea is to use witnesses to present a victim as a human being, essentiall­y allowing the victim to speak from beyond the grave, legal observers say.

“This puts some personal nature back into the case for somebody who’s treated so impersonal­ly in an unfortunat­ely biased system,” Frank told Cahill.

Defense attorneys counter that the doctrine allows prosecutor­s to play on jurors’ emotions and contribute­s nothing to jurors’ understand­ing of the crime.

“I’ve never encountere­d this before,” said John Gross, an associate law professor at the University of Wisconsinm­adison who has worked as a public defender in New York City and taught criminal defense strategies at Syracuse University and the University of Alabama.

Defense attorney Eric Nelson, left, and defendant Derek Chauvin listen to Hennepin County Judge Peter Cahill during pretrial motions Thursday in Minneapoli­s. Chauvin is accused in the May 25, 2020, death of George Floyd.

“It’s pretty obvious how much potential prejudice that could have on the jury. It’s a little surprising to me this is potentiall­y fair game in Minnesota. If it isn’t evidence of guilt, why is it there?”

How far can the prosecutor go?

The doctrine gives judges tremendous discretion on what to allow during spark-of-life testimony.

Frank told Cahill he plans to bring in photograph­s of Floyd at various stages of his life and present at least two witnesses. He described one as a family member who will speak about Floyd’s family, his childhood, how Floyd’s mother was important to him and how Floyd was “a brother to this witness,” Frank said.

The other witness will testify about Floyd’s life since he moved to Minnesota from Houston in 2014, Frank said, as well as his drug use in an attempt to head off Chauvin’s attorneys. The defense is expected to argue that Floyd’s drug use killed him, not Chauvin’s decision to press his knee into Floyd’s neck for several minutes.

Chauvin attorney Eric Nelson noted such testimony should be limited and they will face cross-examinatio­n if the testimony becomes too fawning. Cahill said he won’t allow cross-examinatio­n about Floyd’s drug use but testimony about whether Floyd was a peaceful person or prone to violence could open the door to the defense introducin­g evidence of his criminal record.

“It can’t go on for too long because it distracts from the merits,” the judge said.

Could the strategy backfire on prosecutor­s?

Yes. If defense attorneys are allowed on cross-examinatio­n to introduce Floyd’s criminal record and drug problems, they could raise doubts about what killed him in jurors’ minds. If the state’s witnesses offer too much informatio­n, Chauvin could argue on appeal that Cahill let too much spark-of-life testimony in.

“It puts a judge in a precarious position,” said David Schultz, a law professor at the University of Minnesota. “If too much is brought in, does it set up the possibilit­y of an appeal, that the judge erred and allowed too much emotion? The smart defense attorneys will figure out how to use this.”

 ?? BARBARA J. PERENIC/COLUMBUS DISPATCH ?? Pastor Priscilla Woodson sings at a memorial gathering for Robert “Babachu” Spriggs at Miracle Cathedral on the Near East Side.
BARBARA J. PERENIC/COLUMBUS DISPATCH Pastor Priscilla Woodson sings at a memorial gathering for Robert “Babachu” Spriggs at Miracle Cathedral on the Near East Side.
 ?? BARBARA J. PERENIC/COLUMBUS DISPATCH ?? Frank Tennyson dances a memorial gathering for Spriggs. A member of the homeless community, Spriggs was well-known as a man who joyfully danced at Columbus festivals, particular­ly Comfest.
BARBARA J. PERENIC/COLUMBUS DISPATCH Frank Tennyson dances a memorial gathering for Spriggs. A member of the homeless community, Spriggs was well-known as a man who joyfully danced at Columbus festivals, particular­ly Comfest.
 ?? BARBARA J. PERENIC/COLUMBUS DISPATCH ?? Bishop Jerry Pierce pauses while speaking at a memorial gathering for Robert “Babachu” Spriggs, whom he called the “Fred Astaire of Goodale Park.”
BARBARA J. PERENIC/COLUMBUS DISPATCH Bishop Jerry Pierce pauses while speaking at a memorial gathering for Robert “Babachu” Spriggs, whom he called the “Fred Astaire of Goodale Park.”
 ?? DISPATCH FILE PHOTO ?? Spriggs dances to the music during the Jazz & Rib Fest at Bicentenni­al Park in 2007.
DISPATCH FILE PHOTO Spriggs dances to the music during the Jazz & Rib Fest at Bicentenni­al Park in 2007.

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