Friday, August 26, 2011
Courts Markel Hutchins suing Kathryn Johnston estate for nearly $500,000
Posted by Thomas Wheatley @thomaswheatley on Fri, Aug 26, 2011 at 9:30 AM
- Joeff Davis/CL File
- The Rev. Markel Hutchins
The community activist and former congressional candidate claims he made a verbal agreement with Johnston's family that he'd receive 10 percent of the $4.9 million settlement from the city for his work. According to a statement on Hutchins' Facebook page:
"In the aftermath of the tragic death of Mrs. Kathryn Johnston and specifically at the request of her estate's administrator Mrs. Sarah Dozier and her attorneys at The Cochran Firm, from the very evening that Mrs. Johnston was killed until the very day the lawsuit against the City of Atlanta settled, I served as the family and Estate's spokesperson, strategist, advisor and consultant with a clear understanding of how I would be compensated. My staff and I holistically managed the public and private efforts that made the significant settlement possible and yielded Mrs. Johnston's heirs millions of dollars. I literally risked my own safety and security to advance the cause of the Estate of Kathryn Johnston and expended considerable resources of my own with no reimbursement or remuneration to date. For the past 7 years my professional consulting firm has provided various clients with expert services in several areas. In this case, I was not merely an interested activist - I was an engaged consultant. The Johnston family, the Cochran Firm and I enjoyed a valued, trusted and mutually respectful relationship yet, I've not heard from either since they got the money despite my every diligent, diplomatic effort to resolve this matter privately. I lived up to my personal and contractual commitment to them and they must do likewise. I have entrusted my attorneys to pursue fairness, justice and equity for me as aggressively as I pursued those things for the late Mrs. Johnston and her estate."
The minister told WAOK's Lorraine Jacques-White this morning:
“I had an expressed agreement. I could not in good conscious put a contract in their face,” stated Hutchins, “But when you go to work for someone, and you perform a task, and you do it in excellence, you are obligated to pay them!”
You can hear his entire interview here.
Comments (24)
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I wonder if this is contingent on the verbal agreement the family had with the Rev. Markel Hutchins that he would not act like a colossal asshole.
I have no idea what his agreement with the family is/was.
That said, if not for the sustained public scrutiny Markel Hutchins helped generate, the Atlanta Police Department cover-up of Johnston's murder might have worked. We wouldn't know she was murdered. We wouldn't even remember her name.
So much for that political career. Or any other career that doesn't involve hustling poor people out of legal compensation, apparently. Given that the Cochran folks were representing Johnston in court -- and we know how sharp they can be, generally -- I find it curious that there's no signed contract for his services somewhere. It's one thing to wave a contract and an invoice under the noses of the Johnston family. Quite another, I think, to present documentation to her attorney.
Yes, yes, statute of frauds, implied contract, blah, blah, blah. This isn't lawn maintenance. A court is going to take a very, very dim view of a contract claim for 10 percent of anything here, given the imbalance in the parties legal sophistication and emotional state, without some documentary evidence ... particularly since the Johnstons had legal representation. And he's got to know that.
So ... what's the real deal here? Is he just a hustler with a lot of gumption, looking for the cash to finance a run at a city council seat ... or, perhaps, the note on the rented luxury car? The collection plate looking thinner than he expected these days? Did the high-profile "advocacy" in the Johnston case not grow into meaningful -- and monetizable -- celebrity?
Why go public? He has to know that it nukes what little reputation he may have built. I can't imagine doing this unless he has next to nothing to lose. Which says something about what he's worth.
And, Andisheh ... I call bullshit on that one. Markel Hutchins didn't do anything except run interference between the media scrum and the family. Every news organization in the state wanted a piece of that story, and it had next-to-nothing to do with him.
In fact, I can't remember a single significant crime or personal tragedy n many years around here in which a figure similar to Hutchins emerged, apropos of nothing, trying to hijack the media attention like a highway bandit erecting a toll booth. Get real.
Last note: In his interview, he talks about bringing the family to the Cochran folks because he had a long-standing relationship with the law firm, and spending tens of thousands of dollars in "pursuit of justice" for the Johnstons. That, and he had been involved with the case from day one, even before they put Kathryn Johnston in the ground.
"I think the public should know, that was my money that was spent, traveling back and forth to Washington and making all of these things happen locally, appearing on national television shows, flying all over the country, advocating the civil position of the estate. No one was footing the bill but me. ... I deserve to be compensated."
I'm very proud of the work that we did that blessed this family and yielded them millions of dollars. For me, this is an excellent model of leadership and service, that you can do go and do well at the same time."
Sigh. I'm righteous, and I worked hard. The apotheosis of prosperity gospel.
His expenditures, and the fact that he had a pre-existing relationship with the law firm, meet at least some of the elements of the definition for champerty and maintenance -- illegally inserting yourself into a legal claim.
The guy mentioned in the interview that there was an unspecified 'inhibitor" he was aware of that might have affected the negotiations between the estate and the city. He gallantly noted that he still considers the Johnstons a former client, and wouldn't want to talk about sensitive and confidential information "at this time."
A lovely shop you've got here, the Don says. It would be a shame if anything happened to it.
How can anyone, with a sembelance of reason, put any faith into organized religion?
It really seems that the biggest scumbags in our society are the most influential religious leaders. Hypocracy boils over from any BELIEVER who shouts from the mountaintops about working class muslims who let these batshit crazy mullahs speak for them.
Cast your stones, Glasshouse people!
If there's no contract, then he's screwed.
Also, if he's such a Christian, why doesn't he try acting like one?
Markel and his best friend "Head Bishop Long" simply suck the good out of every situation!
I've had a go at him in the comments in his Facebook note. I'm reposting a chain of comments there, including a response he made to some comments, and my response to his response, here for the record ... before he has the sense to delete the whole thing. I've edited line breaks and stray characters out for clarity. You're welcome.
(Valerie Williams) Holistically is absolutely used correctly. Please see the definition as: Concerned with wholes rather than analysis or separation into parts. Also, while most would agree that there should have been a written contract, who can/will do 4 years of work for free? I hope this situation is resolved amicably by both parties.
(Ari Young) As much as you may want to be an apologist for this opportunist, their attorneys secured this settlement. If you want to call yourself a "consultant" then start a consulting firm and not claim to run a ministry...since ministries generally perform good works without charging bogus "consultation" fees.
(George Chidi) The better question, Valerie, is who would do four years of work without securing their contractual obligations and fees in writing, particularly given the likely size of the eventual reward? Ask yourself: what set of circumstances would make that advantageous? Who benefits, and why?
(Markel Hutchins) Ari, I don't know you personally but I will trust that your feelings and beliefs are genuine. Thus, I will share with you that since 2005, I have been Managing Principal of MRH-LLC a consulting firm that specializes in diversity issues, public affairs and crisis communications. Over those years, my firm and I have provided professional consulting services to corporations, labor unions, law firms and churches. This was the specific nature of my engagement in this matter. Seperately, I also am Chairman and CEO of Markel Hutchins Ministries through which I preach and minister in various venues. God does not require me to disengage in earning a living as a consultant just because i've been called to ministry. Reverend Andy Young is a preacher who is CEO of Good Works International which is essentially a consulting firm. While I take my calling with me everywhere I go, I was the Family's Spokesperson, Strategist and Consultant, not their minister. Do you ever recall anyone identifying me as the family's minister? It never happened.
As for my express or oral contract, please know that I am a very astute professional. While I can not litigate this matter here or divulge certain facts, those who know me well know full well that I got my ducks in a row.
(Tameka Horton) I don't understand why any of the people above would assume there is no written documentation? Where did you all gather that from?
(Ari Young) We don't need to assume, he claims he had a "verbal" agreement
(Tameka Horton) Which sentence is that in?
(Valerie Williams) Tameka I think I read it in a news report. But to me it doesn't matter. No one works for free. And someone would have to be simple to think so. I also think alot of people lack info and are making judgments off of bits and pieces of info.
(Tameka Horton) Ok. And I agree, no one works for free.
(George Chidi) Mr. Hutchins, a question then, in regards to your response to Ari. If you were acting only in your consulting capacity, and not as a minister for the family, why have you referred to your expectations of a 10 percent payment from the settlement as a "tithe" in media interviews, implying religious service? Why not call it a payment, or a service fee, or a commission?
Note that the tax treatment of a tithe is very different from a commission. So is the contract law regarding expectations of payment, since a tithe is considered a voluntary offering -- in fact, it must be considered a voluntary offering if accepted by a religious nonprofit organization. While I'm no lawyer, I find the legal distinction interesting: a tithe can be received without any meaningful reporting requirements for tax purposes. A commission or other fee paid to your consulting firm would take a sizeable tax hit.
Could it be, Mr. Hutchins, that you had hoped to keep your financial arrangements with the Johnston family purposefully ambiguous? It occurs to me that, had they chosen to honor you with a "tithe," the money could have been funneled quietly into your ministry accounts. But you cannot enforce a contract for a tithe, sir, as I suspect you are well aware now. The payment is a tithe ... until it isn't.
Amen, Chuckie. Too bad the local journalists aren't on top of this to the degree that you are, George.
Nice
George Chidi
Current
Director at NeonFlag.com
Past
Director of Content at Company.com
Graduate Research Assistant at Georgia Institute of Technology
Staff Writer at The Atlanta Journal-Constitution
Sounds like the Rev. Markel Hutchins is a Rev. Jesse Jackson wannabe. Trying the old shakedown game, but in public.
I believe the family should give him something. He spoke up for this family and pointed them in the right direction. Now if the family didn't ask for his service and he pushed himself on the family then that's different. But I do recall Rev. Hutchins on the news speaking up for this family and the family and others were standing around him listening to him. Out of appreciation, the family should give him something. But I can't understand why he would not have a written contract. Being a business man, he should know better. He does sound a little crazy saying there was a verbal agreement and trying to sue off of that agreement. I wouldn't do that if I was in his position. I would let this situation go and let God work it out. SMH at the family.
I couldn't disagree with you more.
Markel Hutchins himself said that the family basically stopped talking to him at some point between the shooting and the settlement. That strikes me as an indication of a really serious falling out. We have no idea what went on behind the scenes there, nor of what their "agreement" might have been, because there's no written contract.
And, as I've noted above, I believe there's a strong possibility that Hutchins was hoping for a "tithe" to his church and not a commission, to keep the fee from showing up on the tax record. I've asked him directly about that, and he hasn't answered me, yet. That ought to be some indication of where this was going. Perhaps the family wanted to deal on the level, and Hutchins didn't care to, so they broke it off completely.
No wonder "these people" are always running out of money. Don't give that charlatan a dime, give it to Eddie Long instead, at least he'll take your boys on all kinds of fun trips. Just be forewarned, they might not be able to sit for a few days.
Matthew 7:15
Beware of false prophets, which come to you in sheep's clothing, but inwardly they are ravening wolves.
1 John 4:1
Beloved, believe not every spirit, but try the spirits whether they are of God: because many false prophets are gone out into the world.
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