Watch Everything: A Judicial Memoir with a Point of View

Copyright © 2013 Charles A. Shaw.

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ISBN: 978-1-4917-1148-4 (sc)

ISBN: 978-1-4917-1149-1 (hc)

ISBN: 978-1-4917-1150-7 (e)

Library of Congress Control Number: 2013918808

iUniverse rev. date: 10/23/2013

CONTENTS

Foreword

Preface

Chapter One

My Parents

Growing Up on Greer Avenue

Getting an Education

Law School

Chapter Two

Home Sweet Home

Private Practice at the Lashly Firm

U.S. Attorney’s Office

Chapter Three

From Federal Prosecutor to State Judge

Wearing the Robe as a State Judge

Judge Dan Tillman, Mentor and Friend

Assistant Presiding Judge and Just Us

A Lesson in Eyewitness Identification

Chapter Four

Applying for the Federal Bench, or Close But No Cigar

Getting on the Federal Bench, and Those Who Helped Pull Up My Bootstraps

The Confirmation Process, or A Thorough Vetting

Joining the Federal Bench

Welcome to the Big Time: The Smallest Courtroom Ever

Chapter Five

Criminal Cases and the Sentencing Guidelines

United States v. Feemster Career Offenders and Crack Cocaine

United States v. Collier Crack Amendment Resentencing

United States v. Kane Post-Sentencing Rehabilitation

United States v. Lazaroff, Fraud and a Criticized Sentence

Whitfield v. Bowersox The Constitutional Right to Testify

Chapter Six

The Federal Probation Office and Hope for Ex-Offenders

Chapter Seven

Civil Cases

Nunley v. Ethel Hedgeman Lyle Academy Sexual Harassment

Biomedical Systems Corp. v. GE Marquette Medical Systems, Inc. Breach of Contract

Southwestern Bell Telephone, L.P. v. Missouri Public Service Commission Telecommunications

Pottgen v. Missouri High School Athletic Activities Association

Americans With Disabilities Act

Stoneridge Investment Partners LLC v. Charter Communications, Inc. Securities Fraud

Moran v. Clarke Civil Rights and Recusal

Chapter Eight

Courtroom Humor

Make It Easy

The Two Suits

Bob Hope

I’m Not Superman

Loose Shoes

Just Checking

Nothing Less Than a Heavyweight

Don’t Try This on Your Own, or

Be Sure to Bring a Hatchet

You Can’t Leave That Here

Two Bites

Charles in Charge, or Caution in the Courtroom

The Good Book

Justice and Mercy

Chapter Nine

Final Thoughts Charles Will Be Charles (Like Him or Not)

Appendix

Watch Everything: A Judicial Memoir with a Point of View by Federal Judge Charles Shaw reflects a respected jurist’s great enthusiasm for protecting the rights, privileges and obligations of citizens accused of criminal violations while at the same time preserving the fundamental precept of the American system of justice: those guilty must be adequately punished.

Shaw, a gifted wordsmith, has woven love of family and devotion to the legal profession into an informative, sometimes humorous narrative that recognizes and credits his parents for instilling in him the moral and religious values making him what he has become.

Reading the story of Shaw’s successful supersonic rise from childhood in a segregated St. Louis inner-city neighborhood to his encounters with the intricacies of our judicial system is a sobering experience. The book focuses on his reaching the pinnacle of the legal profession with the help of many individuals who provided invaluable advice and assistance along the way.

Watch Everything is an exceptionally well-written presentation of Shaw’s wide experiences with some of the best legal minds in the country. He challenges prevailing concepts that are too often accepted by a naive public, such as that laws and practices prohibiting discrimination against racism, sexism, age and other inequities are no longer necessary.

Watch Everything is an easy read but a seriously provocative, insightful introspective review of the judicial system that makes a compelling case for preserving the basic framework while reforming certain aspects of it.

I recommend the book to those concerned about fairness, justice and equity in our judicial system.

William L. Clay, Sr.

U.S. Congress, Retired

A fascinating, funny inside look at our justice system and an indictment of the process that can deprive people of their right to trial, where non-violent offenders are sentenced too harshly and where prosecutors have more power than presidentially appointed judges.

Edward L. Dowd, Jr.

Dowd Bennett LLP

and Former U.S. Attorney

Eastern District of Missouri

Watch Everything is a powerful and honest memoir about Charles Shaw, an African American; who rose from a teacher to a senior status federal judge. Shaw writes about his boyhood and offers unforgettable portraits of his father, mother and grandmother, and many other people who shaped his early life.

Shaw offers bold and daring criticisms of the inequality in the federal sentencing guidelines and provides a good argument for ending the unfairness. Using many case histories, Judge Shaw sketches his own conflicts with the federal sentencing guidelines and discusses the challenges he faced as a federal judge. Repeatedly, he shows us how the system that considers itself fair, in reality, is itself pernicious.

Watch Everything is thought provoking and compelling. I strongly recommend this book to all who wish to become aware of a roadmap to the making of a federal judge.

Robert L. Williams, Ph.D.

Professor Emeritus

Washington University-St. Louis

To judge, a Judge must first be judged. Charles A. Shaw passes all Bars of Humanity and proves his case in this memoir—testament to a life well-deployed in service to us all.

Bernard Shaw

CNN Anchor Emeritus

Watch Everything offers a clear and understandable vision of the author’s remarkable journey to the federal bench. Shaw shows us how family and God provide the strength and fuel to not only dream big, but to persevere and achieve those dreams.

Dwayne Butler, President and CEO

People’s Health Centers

St. Louis, Missouri

Watch Everything is a true story about the struggle to succeed. Shaw paved his own way, through determination, perseverance and a relentless desire to survive.

Ronnie L. White, Retired Judge

Supreme Court of Missouri

Watch Everything by Charles Shaw is humorous yet serious; a Must Read.

Dr. Henry Givens, Jr.

President Emeritus

Harris-Stowe State University

This book is dedicated to my wife Kay, son Bryan, and daughter-in-law LaMisa. I cherish and appreciate each of you.

Thanks Kay for loving, supporting, inspiring and believing in me. Your smile, tender spirit and positive outlook motivate me in so many ways. I love you to no end.

Thanks Bryan for being the sensitive, friendly and caring man that you have become. When I am measured by you, I am a resounding success. I am proud to be your father. Love, Dad.

Thanks LaMisa for joining our family. Your joy, kindness, enthusiasm and dedication make you a treasure beyond compare. We know that a loving and wonderful lady has joined our clan. Pops loves you, daughter.

With Kay, Bryan and LaMisa

FOREWORD

Watch Everything is an autobiography, highlighting a very distinguished legal career, of an unpretentious, dedicated, undaunted public servant, who describes a journey, told as a human story, from early days in Tennessee, where the laws denied him equal access to public services, to an appearance before the United States Senate Judiciary Committee, as a presidential nominee as United States District Judge for the Eastern District of Missouri, through his term as an active District Judge, until his current status as a Senior United States District Judge. It provides motivation for any reader to imitate the lesson of Machiavelli, in The Prince, not to walk in paths beaten by others, and act by imitation, rather, realizing a person cannot hold strictly to the ways of others or match the ability of those he imitates, a prudent man must always tread the path of great men, and imitate those who have excelled, so that even if his ability does not match theirs, at least he will achieve some semblance of it. He should act like a prudent archer who, knowing the limitation of his bow and judging the target to be too far off, sets his aim still farther off, not to strike so distant a mark, but rather to strike the desired target through the more ambitious aim. The author strikes the mark of an ambitious aim.

The depth of his character is defined by unrelenting love of parents, siblings, collateral family, friends and strong faith, all of which enriched his life from the earliest memories through marriage to precious Kay, law school at Catholic University in Washington, D.C., where he was awarded a full scholarship, private practice of law with a prestigious law firm in St. Louis, Assistant United States Attorney for the Eastern District of Missouri, Circuit Judge for the Twenty-Second Judicial Circuit of Missouri and as a life-tenured United States District Judge for the Eastern District of Missouri. He faced many obstacles in a well-lived life, continuously striving to secure equal justice for all. Charles A. Shaw has lived the American Dream.

This book reveals how a man of humble beginnings worked tirelessly, so others, under the rule of law, would believe the words all men are created equal have meaning, and no part of the American Dream should be foreclosed to anyone. It reveals the strength of intentional will, to place before appellate courts, challenges to write the law with reason replacing rigid construction, at risks of personal reprisal. Sometimes, stepping away from watch everything must yield to a voice for equal justice.

A life is an accumulation of experiences which influence the character of a person. How many today can write from personal experiences of living at a time in America where a father’s warning, watch everything, and a mother’s admonition not to go into a restaurant where only whites were to be served? Such experiences can break the will to succeed or be the source of an indomitable force to defy probabilities, and serve at a high level in America’s proud judiciary, working from the coming of time when no mother need fear her child will be seen by any man in a lesser state than viewed by the Creator of all.

Humor is the magic that can disarm hostility and restore order in chaotic situations. In the American courtrooms, there is more human drama than the most imaginative writers can fashion. The author is the master in the effective utilization of impromptu comments that remove the venom from unprofessional behavior, which appropriately re-directs interrogations designed to take fact-finders away from the truth, rather than to it, and which draws personnel from other chambers for instruction, and occasional entertainment.

Apparent from a casual read is the careful and generous recitation of quotes of literary scholars, presidents and folk heroes to support particular points. This book takes the reader through visions of a child to the demands placed on a highly motivated jurist, adhering to the high calling of his oath, while searching for the right conclusions, based on the law, the evidence of the case and years of lessons of human and inhuman experiences. There is much to be learned about what is possible in the pursuit of goals that will enhance their lives.

E. Richard Webber

Senior U.S. District Judge

Eastern District of Missouri

PREFACE

My life has been enhanced to an exceptionally positive degree by my family: my wife Kay, son Bryan, my two brothers Alvis and Booker, as well as my parents. They have supported and stood by me in all endeavors. I love them dearly.

There are many books about the law as well as about attorneys and judges. This book, however, tells such a story from my perspective as a St. Louis African-American judge who grew up on the north side of the city, rose through the ranks, attended public schools, and was fortunate beyond my imagination.

Life does not always give us successes but it gives us opportunities to succeed. I had those, and I have also had good fortune. I feel blessed and truly favored, and I know there is a God who looked out for me.

My tenure as a federal district judge in St. Louis has been wonderful and rewarding. There have been highs and lows, but more peaks than valleys. My wonderful Judicial Assistants, Carole Peek and Linda Errante Wehner, have made federal judgeship pleasant. Their support and assistance have been immeasurable. The same can be said for my law clerks, but particularly Susan Heider, who has been with me throughout my judicial tenure. Former Chief U.S. District Judge Carol Jackson pointed this out to me when she said, Charles, you have been extremely fortunate with an excellent staff. I can’t dispute her assertion.

It gives me great pleasure seeing the growth, both personal and professional, of the young lawyers who have come through my office and served as law clerks. I know that they have also helped me grow. Thanks to you all:

Sheila Brennan

Daniel Brown

Lisa Parker Freeman

Keith Grady

Susan Heider

Robin Jefferson Higgins

Anne Maloney

Ebony Woods McCain

Maggie Peters

Lynn Reid

Phyllis Shapiro

Steve Sherman

Craig Simmons

Ken Takahashi

Kirsten Wilkerson

Currently, I am serving the federal courts as a Senior U.S. District Judge. Based on my age and years of service as a federal judge, I became eligible for retirement at full benefits some time ago. Instead of retiring, like many federal judges I chose to continue to work and currently manage a caseload of approximately sixty percent of a full district judge caseload. According to the United States Courts website, Senior judges, who essentially provide volunteer service to the courts, typically handle 15 percent of the federal courts’ workload annually.

When lay people suggested that I was retired and they could not quite comprehend the concept of senior status, they have understood and laughed at my explanation, I just make cameo appearances. Being on senior status has given me time to reflect on writing this book. I was hesitant, but friends encouraged me to get it on.

Congressman William L. Clay, Sr., retired, was not only key to my appointment to the federal bench but was also instrumental in my writing this book. He told me, Do not let anyone else write your story. Write it yourself. Thank you, Congressman Clay, for inspiring me to become the master of my story. Inspiration also came from an African proverb that says, Until lions have their own historians, tales of the hunt will always glorify the hunter. People should record their own stories, otherwise their histories may be lost or inaccurately written by others who do not share the same point of view. I hope this book will encourage others to write about the events of their lives. As Supreme Court Justice Sonia Sotomayor has noted, Don’t measure yourself by others’ expectations or let anyone define your worth. These are my stories from my point of view.

CHAPTER ONE

My Parents

I am deeply grateful that my parents lived long enough to see me ascend to the federal bench. This was particularly true for Dad, because he had worked in the Federal Court and Custom House (the official name of the old federal courthouse building in St. Louis) as a U.S. Customs Inspector for many years and was familiar with the respect that the judges were accorded. My parents had long, love-filled and meaningful lives and had a huge influence on my life and those of my brothers.

My parents: Alvis Shaw, Sr. and Sarah Weddle Shaw

Mother, Sarah Weddle Shaw, who passed away in 2004, was a wonderful mother. Abraham Lincoln said, All that I am or ever hope to be, I owe to my angel Mother. That statement applies to my feelings about my mother. Sarah Shaw molded, taught and fostered a sense of worth in all of her children. She made her boys into men. An old Jewish proverb says, God could not be everywhere and therefore he made mothers. Mother raised us with her morals, taught us to love and respect our fellow human beings, and insisted that we take responsibility, have