motion for new trial
This issue had its genesis in the defendants' motion for new trial. The trial judge had previously signed a final judgment in favor of Rupe based on the jury verdict. The defendants' first argument in their motion for new trial was that Rupe's lawyer, Charla Aldous, made an incurable appeal to race during the questioning of defendant Paula Dennard "regarding the Rupe family's ties to an organization perceived to be tied to the KKK, and by focusing her closing argument on the concept of protection under the law for race, gender, and religion." First, they explained in their motion the nature of the inflammatory questioning and evidence:
This improper argument started with Ms. Aldous's questioning of Paula Dennard regarding whether "Pops" (Ms. Dennard's father) left hisnot only by the oral testimony she elicited but also by publishing that particular provision of the will with Koon Kreek Klub highlighted, on a large overhead screen. In these ways, Ms. Aldous ensured the improper, prejudicial and irrelevant information was perceived by the jury in several ways: by auditory and visual references and by repetitive use of the name, "Koon Kreek Klub." The name of the club brings to mind racism not only by virtue of its historical ties to the KKK, but also by use of the word "coon" (an offensive racial epithet) and the initials "KKK."
The defendants went on to quote Aldous's closing jury argument that gave rise to their new-trial point:
You know one thing that I think every single person in this courtroom would