Thursday, July 16, 2009

Observations on Pickering v. Creekmore-Byrd


1. Is it "Creekmore-Byrd" or "Creekmore Byrd?"

2. It is my understanding that Judge Coleman granted the TRO this morning, and has ordered the documents (apparently a collection of Chip Pickering's "notes to self") produced to him under seal for in camera review.

3. How sordid is this mess? Judge Coleman hears the TRO this morning, but only because he's sitting in for suspended Judge Bobby DeLaughter. Judge DeLaughter, of course, stepped down as a result of the Scruggs matter, in which Trent Lott may be a witness.

4. This "C Street Complex" was apparently the place to be if you were a Congressman or Senator prone to cheating. John Ensign and Chip Pickering both allegedly lived there. Gov. Mark Sanford supposedly lived there during his time in D.C., and David Vitter was known as "David from C Street" to the prostitution ring he found himself involved with.

5. Pickering was offered appointment to a United States Senate seat. And turned it down because his girlfriend told him to.

6. Creekmore-Byrd followed the Pickering family to Colorado and rented a cabin near theirs while they were on vacation. That's insane.

7. Leisha Pickering is being represented by two former Supreme Court Justices, Chuck McRae and Oliver Diaz, Jr.

8. This is in no way a positive thing for the Pickering boys, and for their sake, needs to be resolved before it gets worse.

9. Leisha Pickering testified today that she discovered the affair when, late one night, she heard a phone buzzing in Chip Pickering's jacket pocket. (He was not wearing it at the time.) She went, retrieved the phone, and did not recognize it as his regular cell phone. She walked outside to his truck, and saw his regular phone on the charger in the interior of the truck.


RandyWallace said...

Note to self.....doen't leave notes to self which could cause problems.

Jim Craig said...

It's difficult for me to believe that we still have a tort called "alienation of affection." It seems based on the idea that the adulterous spouse was happily engaged in the marriage and was blindsided by "the other." Does anybody really believe that anymore?

hicken said...

Along those lines, Mrs. Pickering's attorney, Chuck McRae, wrote a dissent while on the Supreme Court. The Court chose not to abolish the "alienation of affection" tort but McRae eloquently argued otherwise.

Matt Eichelberger said...

Hicken, you gotta play the ball as you find it. I have argued positions I don't personally agree with. I'd say most every lawyer has.

Interestingly, I'd bet that the Creekmore family was never a big supporter of Chuck McRae. And I'd bet that they now wish he'd had a majority with him, if only for the case you mentioned.

Curt Crowley said...

Jim, I'm in full agreement with you. The tort of alienation of affection is an absolute joke.

In the words of former Justice McRae (Leisha Pickering's co-counsel), in a dissent wherein he advocated abolishing the tort of alienation of affection, we should "get out of the business of policing broken hearts." Bland v. Hill, 735 So.2d 414.

That being said, I will give Mrs. Pickering props for choosing a legal team that has extensive experience in the subject matter presented in this case.

hicken said...

Matt, in private practice you do get to choose where you play golf. But I agree you must represent your client according to the law and the majority disagreed with McRae. Also, we should all expect justice regardless of whether we support or oppose any particular person.

Anonymous said...

With Mrs. Pickering here in MS trying to raise five sons while Chip was in Washington, it is very possible she knew nothing about the affair. Wives are really sometimes the last to know. Now with Mrs. Pickering's suit out, there's no denying why he filed for divorce. I suspect, too, there are witnesses who could be called who know about Chip and Beth Byrd's relationship. This could get real, real dirty with Chip documenting everything in his journal. How do you deny your own handwriting?

Anonymous said...

Jim at 2, as you know, Mississippi is a comparative negligence state, 85-5-7, etc.

Jim Craig said...

Anonymous @ 6:42 am, I agree Mississippi is a comparative negligence state; however, I don't think Mrs Pickering is alleging negligence. Alienation of affection is an intentional tort.