Documents: Prosecutor praised white nationalists
Cross: ‘Good guys’ defended themselves in Charlottesville
An assistant prosecutor in Collierville wrote a social media post that praised white nationalists as "good God-fearing patriots" and defended their violent actions against counterprotesters in Charlottesville, Virginia, according to documents in a federal court case.
"This time the 'good guys' were ready to defend themselves — and they did!" assistant Collierville prosecutor Mike Cross wrote, according to the court document.
The exact date of Cross' statement is unclear. On Aug. 12, 2017, a white nationalist drove a car into a crowd in Charlottesville, injuring several and killing a woman named Heather Heyer. That killing followed a series of street clashes between white supremacists and their opponents. Efforts to reach Cross for comment were unsuccessful.
Cross' statement was introduced as evidence during the recent civil trial for Mike Goza, a skilled technician for Memphis Light, Gas and Water.
Goza was fired after making controversial remarks related to a fight over Confederate statues, and has sued to get his MLGW job back.
In a deposition, Goza described Cross, the prosecutor, as a friend. Goza said he attended an Aug. 15, 2017, rally at a Downtown park that housed a statue of Confederate President Jefferson Davis because Cross asked him to do it.
"He asked if I would go and just simply film the event, because this group, this activist group, was going to go down there and pull down the monument with a rope. And he just wanted me to get video evidence of it," Goza said.
The statue would remain standing until later that year, when workers removed it. At the August rally, Goza got into a heated argument with activists calling for removal of Confederate statues. A short time later, Goza gave a statement to a national reporter for MSNBC.
Quotes from that interview were broadcast and also appeared in The Commercial Appeal. People complained to MLGW about Goza.
The utility offered Goza a lower-paid job with no contact with the public. Goza refused the lower-paid job, was fired and now seeks to get his job back. Among other claims, he argues the utility violated his free speech rights.
A non-jury trial took place in late February. U.S. District Judge Jon Mccalla has not yet ruled.
Federal case of fired MLGW worker highlighted prosecutor's statement
In the recent federal trial, MLGW used a screenshot of a Facebook exchange between Cross and Goza to support its argument that Goza's statements could disrupt the company's operations.
According to court documents, Cross wrote the following:
"As for Charlottesville, what's not being emphasized is why the White Nationalists came prepared to fight. In fact, however, they came prepared to defend themselves as a result of what happened in NOLA.
"In NOLA, the pro-confederate legacy supporters came unarmed in street clothes and got the hell beat out of them by BLM, Antifa and their ilk."
NOLA here means New Orleans. The abbreviation BLM stands for Black Lives Matter, a social movement that protests police shootings of Africanamericans and related issues. Antifa is short for anti-fascist and refers to a movement of leftist militants who sometimes use violence.
It's unclear exactly what events Cross is referring to. New Orleans took down several Confederate monuments early in 2017 in a highly publicized and controversial process. News reports documented threats against the people taking down the monuments and some physical fights between opposing demonstrators, but no serious injuries.
Cross continued his statement. "Charlottesville, however, was going to be different. This time the 'good guys' were ready to defend themselves — and they did! And that's what's giving the Leftists heartburn. They can't stand it when good God-fearing patriots stand up to them — and win! When the good guys truly get fed up and truly truly organize there is nothing that patriots can't accomplish ... . "Goza responded, "Amen, brother." In court, an attorney for MLGW said Goza had typed an exclamation mark, making the comment "Amen, brother!" But the screenshot included in court records is faded and the punctuation is unclear.
A transcript of a deposition with Goza suggests the date of the exchange may have been Aug. 13, 2017, the day after Heyer was killed in the car attack. However, the exact date is unclear.
During cross-examination at the recent non-jury trial, a lawyer for MLGW, Robert W. Ratton, read Goza's own words back to him. "'Amen, brother.' After a woman died.”
Goza said he's never advocated violence. “I’m referring to the right to anyone to self-defense."
A long history in the law
Michael E. Cross has been licensed as an attorney in Tennessee since 1991, according to a state regulatory board.
Cross formerly served as a Memphis police officer, as legal adviser for the police department, as Shelby County assistant district attorney and as an investigator for the Shelby County Public Defender's Office, according to a biography presented to Collierville's Board of Mayor
“He asked if I would go and just simply film the event, because this group, this activist group, was going to go down there and pull down the monument with a rope. And he just wanted me to get video evidence of it.”
and Aldermen to support his successful 2015 bid for the assistant prosecutor's job.
Cross also had served for years as a Shelby County judicial commissioner. Judicial commissioners play roles very similar to that of judges, including setting bail and approving search warrants.
Last year Cross applied to serve in the newly created position of Lakeland municipal judge, but another candidate was selected, according to local news site Lakeland Currents.
Mike Goza Memphis Light, Gas and Water technician who was fired
Connection to Sons of Confederate Veterans
Various websites mention Mike Cross in connection with the Sons of Confederate Veterans, a group that's waged a legal fight to preserve Confederate statues.
The Sons of Confederate Veterans has distanced itself from white supremacists. However, the group praises Confederates as heroes and argues the rebels in the Civil War weren't fighting to defend slavery. This point of view, known as the "Lost Cause" mythology, has been rejected by mainstream historians who say defense of slavery was a central motivation for Confederates.
Among the Sons of Confederate Veterans publications that mention Cross is a 2018 issue of the organization's journal, Confederate Veteran. It shows a picture of Cross and other current and former law enforcement officials holding certificates at a Sons of Confederate Veterans law enforcement appreciation event.
Lee Millar, a leader of the organization in the Memphis area, said Cross is not an officer with the organization and he hasn't seen him at recent meetings.
A different camp of the organization, in Ripley, Mississippi, lists Cross as judge advocate. The camp's leader didn't immediately respond to an email message last week.
A small court with real power
The situation reflects broader questions about racial bias in the U.S. criminal justice system. Advocates have long argued that the justice system treats African-americans more harshly than white defendants for similar crimes, due in part to implicit or unconscious bias by prosecutors and judges.
Collierville's small courthouse stands a short distance from the historic town square. Court is in session only a few days a week, and most defendants face low-level charges such as driving without a license. But the court sometimes addresses more serious crimes — it can handle felony cases up to a preliminary hearing — and it has power to levy fines and put people behind bars.
Cross is one of four prosecutors listed on the town's website. The prosecutors have power to press the government's case or negotiate plea deals with defendants.
Their actions can help determine the punishment a person receives.
Collierville is a majority white suburb, but its court sees a diverse group of defendants. At a recent municipal court session, defendants on the docket included a large number of whites, but also many African-americans and a small number of Hispanics.
Municipal prosecutors like those in Collierville are hired, paid and supervised by the municipality, though the Shelby County District Attorney's office gives the prosecutors authority to handle state criminal cases, said Larry Buser, a spokesman for the county DA'S office.
A representative of Chief Collierville Prosecutor Mark Mcdaniel said he'd passed along a reporter's interview request to Cross, but otherwise would refer questions to the town government.
The head of the town's legal department, Nathan Bicks, said Thursday that he wasn't aware of the situation. Reached again Monday, he said, “It’s a personnel matter, and the town doesn’t comment on personnel matters.”
Investigative reporter Daniel Connolly welcomes tips and comments from the public. Reach him at 901-529-5296, daniel.connolly@commercialappeal. com, or on Twitter at @danielconnolly.