
This week, part two of the Reels family story – how two brothers went to jail for eight years in an attempt to save their family land.
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Phoebe Judge
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Melvin Riels
You come to the New Yorker Radio Hour for conversations that go deeper with people you really want to hear from.
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Melvin Riels
Of Artificial Intelligence Geoffrey Hinton, or some.
Phoebe Judge
Of my extraordinarily well informed colleagues at the New Yorker.
Melvin Riels
So join us every week on the.
Phoebe Judge
New Yorker Radio Hour.
Melvin Riels
Wherever you listen to podcasts.
Phoebe Judge
This episode picks up where last week's episode left off. If you haven't heard that one, you might want to go back and listen to them in order. How long have you how long have you lived on Silver Dollar Road?
Melvin Riels
All my life. I never left here until they took me off this land and locked me up.
Phoebe Judge
In 2011, Melvin Davis and his brother Lycurtus Reels were sent to jail by a judge in Carteret County, North Carolina. They were being held in contempt of court because they'd refused to follow orders from a judge to leave their property on Silver Dollar Road.
Kim Doohan
They pretty much said they weren't going down without a fight.
Phoebe Judge
Kim Doohan Melvin and Lai Curtis niece.
Kim Doohan
And if it meant them being incarcerated, that was what they were going to do.
Phoebe Judge
The land Melvin and Lai Curtis lived on had been in the family for over 100 years. It was 65 acres. Their grandfather owned it, but he died in 1970. Melvin and Lee Curtis sister Mamie remembers what their grandfather said right before he died.
Mamie Riels
He told my mother, whatever you do, don't let the white man have my land.
Phoebe Judge
But her grandfather didn't have a will, which meant the land became heir's property. With heir's property. When someone dies without a will, any land they own goes to their descendants who then jointly own the land. But there are loopholes that make heir's property easy to lose. Today, around a third of black owned land in the south is heir's property, and that includes the Riels family's land. In 1978, their grandfather's brother tried to claim 13 acres of their land right on the water. His name was Shedrick and he eventually sold the 13 acres to a developer. Melvin and Ly Curtis Homes were on the 13 acres and they were told they were trespassing by continuing to live there. The developer who bought the land, Adams Creek Associates, got a court order saying Melvin and Ly Curtis had to vacate their homes and land. They were also ordered to clear the land and to do the demolition work of tearing down their houses themselves. But they refused to. So in 2011, a judge ordered them to jail for civil contempt. What did you think when they said you're going to jail? Were you surprised?
Melvin Riels
I was. Cause I didn't think they could do.
Phoebe Judge
It like Curtis reels. Here's Melvin.
Melvin Riels
We wasn't charged with nothing. Ain't never been charged with nothing.
Phoebe Judge
I'm Phoebe Judge. This is criminal. Kim Duhan Melvin and Ly Curtis. Niece says at least 20 family members were there at the Beaufort courthouse when they were handcuffed and sent to jail. Melvin had asked Kim to do whatever she could to help the family save their land. She knew she had to find a lawyer.
Kim Doohan
I knew that I was going to have to put all both feet on the ground and start running to get some assistance because I knew that I was going to have to honor the promise that I gave my uncle Melvin and get out here and find an attorney that could accommodate us.
Phoebe Judge
Kim started reaching out to lawyers, but it was hard to get anyone to take their case.
Kim Doohan
During that time, my husband had just been diagnosed with colon cancer. I was from Atlanta to North Carolina every other week trying to find attorneys that had already heard about our story and didn't want to get involved. But they were taking our monies for consult fees, listening to the story and pretty much charging us stupid amounts of monies to just talk to us about something they knew they weren't going to do and help us or whatever. And it was almost like for me, I didn't know what I was going to do. How am I going to drive to these cancer treatment centers and still come back by Wednesday to see them in jail. And in my mind I couldn't let them down.
Phoebe Judge
Kim says it was especially hard for Melvin and Lai Curtis mother Gertrude but still Gertrude told the reporter that Melvin and Lai Curtis took care of her and said, and now they're still taking care of me by standing up for their rights.
Kim Doohan
Everything about her demeanor changed. She was always been a very joyful person, a very energetic person. When my uncles were remanded to jail, she totally turned into this hermit. She sat by the phone, she cried, she listened to her gospel music and old spirituals and she was just that. She changed. I saw her age like dramatically with the worry and the concern of ever seeing them again.
Mamie Riels
This was emotional stressful for all of us.
Phoebe Judge
Mamie REELS Melvin and Lycurtus sister but.
Mamie Riels
No matter how stressful it was for me, my siblings, it was all about Gertrude. We just wanted to take care of her because we knew if anything happened to her, we are going to catch him. And my mother got where she didn't want to go out the house, she didn't want to go nowhere. And if we was, and if I were carrying her out to town on the third or carrying her to pay her bills, if we met a sheriff car, it didn't only have her paranoid, it had everybody. Because my mother grew up in the days of the depression and the Jim Crow days and she know what could happen to black men. You know, she just worried a lot about Melvin and like hers and then she quit doing her gardening. So when she quit doing her gardening, that did get hard. She didn't want to go out and do the garden no more because really she didn't have the means because Melvin kept her garden plowed and tilled and everything. And she would go to church, she'd come right back home and she set to that window and just stare out every day. That was the hardest thing.
Phoebe Judge
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Phoebe Judge
Did your family come and visit you in jail?
Melvin Riels
Yeah, every week.
Phoebe Judge
Like Curtis Riels, it'd just be my.
Melvin Riels
Sister and my niece and my other sister. They would come and my brothers, they would come. But I hated for them to leave because I couldn't go. You know what I'm saying? And that's the only thing that kept me going. It was them and my mother and my mother and I would call her on the phone, she be crying and you don't want to see Mama cry. My daddy, he would come in, he'd cuss everybody out, but that's just the way he went. I didn't want mother and my daddy to come there because every time they come and go, they would cry.
Phoebe Judge
Here's Melvin.
Melvin Riels
And I didn't want to see him hurt like that. Cause I heard enough when you would leave.
Mamie Riels
Me and a lot of other family members, we went every Monday, Tuesday, and then they split them up. We were going Wednesday or we were going both days. I went every day that they had visiting.
Kim Doohan
When I would go to visit them in jail, I literally had to put my game face on because I felt like if they saw distress or worry or fear that that was going to hinder them with being able to stay focused with what their plot was, to just hang in there. So I had to be in a headspace of we got this. I'm ripping and running to make sure I find someone that can accommodate us and help you get out of jail. We're fine, we're doing well. We're just hoping that you guys can hang in there, so. And when I would leave, I'd sit in my car and cry. Cause it was like, this is so taxing. This is so emotionally draining.
Phoebe Judge
Kim says she had a bad feeling. She felt like each time she visited, something bad happened.
Kim Doohan
I was having nails put in my tires and the emblems on my car were being removed.
Phoebe Judge
Kim says she was pulled over several times for no reason.
Kim Doohan
I literally had someone stop me. And I was about 20 minutes away from meeting the visitation time, and this officer, which was a black officer, stopped me at the Carteret County Community College, and he said, I bet you won't make that visitation today.
Phoebe Judge
Melvin and Lycurtus thought they were going to spend 90 days in jail. But 90 days came and went. Melvin asked a friend to help him write a letter. It said, I've spent 91 days on a 90 day sentence, and I don't understand why. Please explain this to me. He was told that the developer who bought his land had requested 90 days, but that the court had ignored that and chose not to put a limit on their jail time. What was the explanation for, you know, why they were being held in jail so long?
Kim Doohan
From my understanding, it was a personal vendetta. That's just my personal thought. The county, the court system said that my uncles were thumbing their nose up at the judicial system, not willing to abide by the courts order to tear down their homes and leave the property. And they were never going to do that because we knew that we owned the property.
Phoebe Judge
About three months after Melvin and Lai Curtis were sent to jail on July 4, the family held a birthday party for Lai Curtis on Silver Dollar Road. Mamie took a video of all the family members gathered wishing Lai Curtis a happy birthday and, and saying hello to Melvin. She showed her brothers the video the next time she visited.
James Hairston
Happy birthday, bro.
Mamie Riels
I need to say something.
Melvin Riels
Happy birthday, Uncle. Happy birthday.
Phoebe Judge
All right.
Mamie Riels
He did it. Yeah, he did. Uncle Curtis.
Phoebe Judge
Al Curtis.
Kim Doohan
Hey, Happy birthday.
Phoebe Judge
At Christmas, their mother, Gertrude, bought presents for, like, Curtis and Melvin and wrapped them. But Christmas passed and the brothers were still in jail. Kim kept trying to find a new lawyer.
Kim Doohan
We were told about an attorney that was a real estate attorney who told me at the time that it was going to cost us $45,000 to retain him, just to really see if he could actually accommodate us. We actually took him up on that offer, brought him Cashier's check for $45,000. And from 2011 until 2015, 16 timeframe, we paid him roughly $90,000 and to no avail. He pretty much said he had taken us to the valley but couldn't get us to the mountain. He had gone as far as he could go.
Phoebe Judge
The partner at Adams Creek Associates who bought the land from Shadrick was named Billy Dean Brown, and he knew that the Reals family, no matter how much they tried, would have a hard time proving they owned the land because Shadrick had walked away with the land. At the Torrens hearing, the Torrens act, where all Shadrick had to do was prove he owned the land to a lawyer, has been controversial for decades. A land broker told ProPublica reporter Lizzie Presser, it's a legal way to steal land. North Carolina is one of the few states where the Torrens act still exists. Billy Dean Brown of Adams Creek Associates was called Little Caesar by his co workers. He spoke with a Charlotte observer about the land on Silver Dollar Road and said, I made up my mind. I will die and burn in hell before I walk away from this thing. Mamie says at one point, the plan was to build multiple waterfront homes on the land. In jail, Lycurtus started getting sick and was taken to the hospital. He remembers being shackled to the bed the whole time. He says the doctor told him, you need to get out of jail, that it wasn't good for his health. Later, he was diagnosed with diabetes. Sometimes Melvin and LAI Curtis would be able to see each other and talk. Sometimes they were moved into different cells and didn't see each other for months. Like Curtis told a reporter from jail, I'm not going to give up. I don't think I'm wrong, and I'm willing to fight for it. Were you depressed in jail?
Melvin Riels
I was, because, you know, it seemed like it was taking too long for them to clear it up.
Phoebe Judge
Did you ever say to anyone, or do you how are you still keeping us here?
Melvin Riels
Yeah, I said that. Why? Why you keep keeping that rev? You wanted to get out, sign this piece of paper saying you won't go back to that land.
Phoebe Judge
So if you had signed the paper saying, I promise I won't go back to the land, you would have been let out of jail.
Melvin Riels
D say, that's what they say. I don't believe that.
Mamie Riels
They were saying if they sign a paper, they could be released.
Kim Doohan
Something saying they won't go back onto the property and they will tear their homes down and leave the property for good. That wasn't going to happen.
Phoebe Judge
So you thought to yourself, I can't sign this because there's no way in the world if I'm out of jail that I'm not going to go back to that land.
Melvin Riels
That's right. So why am I lying on myself? Sign a piece of paper that I will never go back to this land and I'm not going to stay away from this land.
Phoebe Judge
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Kim Doohan
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Kim Doohan
And forehead lines look better in adults.
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Phoebe Judge
See for yourself@botoxcosmetic.com In 2015, a lawyer named James Hairston got a call from a friend who was a judge. She told him about a story she'd heard about two brothers serving time in jail for refusing to leave their land.
James Hairston
And she says that Jay, you have to help these guys. And at this time it was close to five years. This was 2015, latter part of 2015. Five years for civil contempt. It's like I never heard anything like that. That's crazy. And my only you know, contempt knowledge outside of, you know, going through law school was, okay, you gonna lock a reporter up because they failed to give a source or something, but you know, stay in jail overnight a week, you know, but you not committed a crime. So. So I turn around, I'm in my office when I'm talking to her, and I, you know, do a little bit of research and I'm like, it's crazy. Nothing like this anywhere around. No case precedent, nothing. So I ended up eventually meeting Kim. I came down to the jail, I met Melvin and the Curtis, and I think I did that the latter part of 15 or the early part of 2016.
Phoebe Judge
Do you understand why Melvin and Curtis were willing to go to jail for this?
James Hairston
Of course. I mean, they tried the legal route, they kept trying the legal route. They went through numerous attorneys, protest at the bar, all types of stuff.
Phoebe Judge
James Hairston got to work on trying to get Melvin and Ly Curtis out of jail. He focused on the judge's order that the brothers tear down their own homes before vacating the land.
James Hairston
But they can't. They've been in jail for, by this time, five plus years. They had no income, you know, nothing. So you can't keep somebody in jail. If they can't purge themselves of the contempt, they're looking at an effective life sentence. They stay in jail for the rest of their lives. I mean, I don't think they even had a traffic ticket. Never committed a crime in their lives. This was their life down on that water.
Phoebe Judge
James argued Melvin and Lai Curtis case in front of the North Carolina Supreme Court. He remembers that a lawyer for Adams Creek Associates argued that even if Melvin and Lie Curtis couldn't clear their land from jail, they could sign something saying they acknowledged that Adams Creek Associates own the land and that they wouldn't go back on the land and that would get them out of jail. But James Hairston argued that wasn't reasonable.
James Hairston
You can't, none of you have the power nor the authority to force somebody to say something that they're otherwise inclined not to say, to sign something that they're otherwise inclined not to do. I mean, it's the reason that they're there right now. I mean, you can't take their convictions and, you know, make them do something that they don't want to do. Whether or not you agree with it or not, I mean, that's a rank and egregious violation of the first Amendment.
Phoebe Judge
After the Supreme Court heard their case, they sent it back down to the Carteret county court. This time the judge ruled on the Reels family side. Melvin And Ly Curtis would finally be able to return to Silver Dollar Road. They'd been in jail for seven years and 11 months.
Kim Doohan
And I think at that point was where this judge said, I'm not going to get involved in this. I'm not holding these men here. They should have been released a long time ago. I'm not going to be a part of the good old boy network. I'm going to do what's right and release these gentlemen.
Phoebe Judge
What was it like driving down Silver Doll or the Fur for the first time after eight years?
Melvin Riels
Oh, boy, I'm telling you, when I drove Mamie come pick me up, I felt like a brand new person, you know what I'm saying? Be back home. Oh, man, that was amazing. I really had to shed a tear. It was a good, it was a.
Mamie Riels
Great day that was better than Christmas because my father, I was helped take care of him and looked out for him. And every month he would say, mammy. He called me mammy. He said, I don't know if I can hold on to them boys. Get out of jail. I said, pop, you gotta hold on. And he did. When they got out of jail, he told me, he says, mammy, he said, I'm ready to go now. I'm ready to go. My boys is out of jail. He says, and I'm ready to go. I'm tired, I'm sick. I'm ready to go. And he did. But that was a happy time because my mother was beginning to get herself together. My dad had lived to see them get out.
Phoebe Judge
What's next? I mean, where is the process now, right now?
Mamie Riels
I really, we really don't know because we've been told so much, hoped for so much.
Phoebe Judge
Adams Creek Associates eventually sold the land to another developer. If the developer builds on the land, Mamie is worried about property taxes going up. Are you worried about the rest of the land, about losing it all?
Mamie Riels
Yes, because you have family who can't afford the rent nowadays and they wanting to move back home, but it's nowhere for one to come.
Phoebe Judge
Mimi also worries about what happens when her mother, gertrude dies. She's 97 now. She is one of two of Mitchell's children still alive. As her siblings have died, their stake in the property transfers to all of their children, expanding the number of people who own stakes of the land, potentially making the land even more vulnerable. With heir's property, a single stakeholder could choose to sell and trigger the sale of the entire land. As reporter Lizzie Presser puts it, if one heir decides to sell, quote the whole property would likely go to auction at a price that none of them could pay. Mamie says she doesn't know if the next generations will continue fighting for Silver Dollar Road, but she hopes they will. Her niece Kim, still brings her grandchildren to the land.
Kim Doohan
Now, my grandchildren who don't live in the area, their father's military. But when they come here, it's like we rip and run. They walk. We walk to the water, but we don't let them go on. We kind of stay on the sandy beach area where the road kind of connects.
Phoebe Judge
They don't go on the beach because they don't own the waterfront anymore, but they still own the rest of the land.
Kim Doohan
But they. They're in awe when they say, we own this. We own this. So my. It's. It's. I don't know. It's our lineage, it's our heritage, it's our. It's our everything.
Phoebe Judge
What do you hope for the future of this land? What do you hope happens here?
Melvin Riels
That I'd be able to go back to my house and mail them. Go back to the club.
Phoebe Judge
Do you have a favorite part of this land?
Melvin Riels
Yeah, right there. Where my house at?
Phoebe Judge
So your house is right there?
Melvin Riels
Yeah, that's my house over there.
Phoebe Judge
Can you go in it?
Melvin Riels
Well, my lawyer told me don't go in it right now until we get this clear, and then you can go on back over there.
Phoebe Judge
So you can look at your house right now we can see your house, but you can't go in it.
Melvin Riels
No. You told me don't go in it. Not right now.
Phoebe Judge
That must be hard.
Melvin Riels
I mean, you know, I come by there some days and I set out there to the driveway and I cry.
Phoebe Judge
Do you plan to die on this land?
Melvin Riels
Yes, I'll be buried on this land. Yeah, we got three cemeteries. I can pick out what one I want to go to. And they put me there.
Phoebe Judge
Criminal is created by Lauren Spohr and me. Nadia Wilson is our senior producer. Katie Bishop is our supervising producer. Our producers are Susanna Roberson, Jackie Sagico, Lily Clark, Lena Silason and Meghan Kinane. Our show is mixed and engineered by Veronica Simonetti. Special thanks to Ruth Roberson. Julian Alexander makes original illustrations for each episode of Criminal. You can see them@thisiscriminal.com for more on the reels family story. You can read Lizzie Presser's article. Their family bought land one generation after slavery. The Reals brothers spent eight years in jail for refusing to leave it. We'll have a link in the show. Notes and you can sign up for our newsletter@thisiscriminal.com Newsletter we hope you'll join our new membership program Criminal Plus. Once you sign up, you can listen to Criminal episodes without any ads and you'll get bonus episodes with me and Criminal co creator Lauren Spohr too. To learn more, go to thisiscriminal.com plus we're on Facebook and Twitter @criminalshow and Instagram and TikTok @criminalpodcast. We're also on YouTube at YouTube.com criminalpodcast Criminal is part of the Vox Media Podcast Network. Discover more great shows@podcast.voxmedia.com I'm Phoebe Judge. This is Criminal. Creating highly advanced AI is complicated, especially if you don't have the right Storage A critical but often overlooked catalyst for AI infrastructures, solidigm is storage optimized for the AI era. Offering bigger, faster and more energy efficient solid state storage, solidigm delivers the capability to meet capacity, performance and energy demands across your AI data workloads. AI requires a different approach to storage. Solidigm is ready for everything the AI era demands. Learn more at storage4ai.com support for this.
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Criminal Podcast: "The Family Land, Part 2" – Detailed Summary
Introduction
In the second installment of "The Family Land," Criminal delves deeper into the harrowing story of Melvin Davis and Lycurtus (Ly) Curtis, two brothers from Carteret County, North Carolina, who spent nearly eight years incarcerated for refusing to vacate their ancestral land. Hosted by Phoebe Judge, this episode explores themes of legacy, legal injustice, and familial resilience.
Background of the Land Dispute
Melvin Davis and Ly Curtis lived on Silver Dollar Road, a 65-acre property owned by their grandfather for over a century. Upon his death in 1970 without a will, the land became heir's property, a common issue in the South where nearly a third of Black-owned land falls into this category. Hereditary ownership created vulnerabilities, allowing disputes and manipulations in land ownership.
The Conflict Begins
In 1978, Shedrick, the brothers' great-uncle, attempted to claim 13 acres of the family land. He eventually sold this portion to Adams Creek Associates, a real estate developer. Melvin and Ly Curtis were residing on this sold land and were subsequently ordered by a court to vacate, dismantle their homes, and clear the property—a mandate they vehemently opposed.
Arrest and Family's Response
In 2011, defying the court order, Melvin and Ly Curtis were arrested for civil contempt after refusing to demolish their homes. Kim Doohan, the nieces of Melvin and Ly, described the family's determination:
“We pretty much said we weren't going down without a fight. And if it meant them being incarcerated, that was what they were going to do.” (02:21)
The brothers' refusal was rooted in a deep-seated connection to their land, upheld by their family's legacy and their grandfather's dying wish:
“Whatever you do, don't let the white man have my land.” – Mamie Riels, sister of Melvin and Ly Curtis (02:52)
Struggles in Legal Representation
Kim Doohan faced immense challenges securing legal assistance. Amid personal hardships, including her husband's colon cancer diagnosis, she recounted:
“Attorneys had already heard about our story and didn't want to get involved... charging us stupid amounts for consult fees.” (05:25)
Her efforts were compounded by instances of harassment, such as tampered car parts and unwarranted traffic stops, which she felt were targeted to undermine her support for the brothers.
Life in Jail
Melvin and Ly Curtis endured harsh conditions during their nearly eight-year incarceration. Ly became ill, developing diabetes and suffering from shackling, while Melvin experienced profound emotional distress:
“I was depressed because it seemed like it was taking too long for them to clear it up.” – Melvin Riels (17:29)
Their mother, Gertrude, aged rapidly under the strain, transforming from a joyful matriarch into a reclusive figure overwhelmed by worry.
Legal Battle and Supreme Court Involvement
In 2015, attorney James Hairston took on the brothers' case. Recognizing the unprecedented nature of their prolonged detention for civil contempt, he argued against the notion that Melvin and Ly Curtis needed to sign a document renouncing their rights to the land to secure their release. Hairston contended:
“You can't force somebody to say something that they're otherwise inclined not to say... that's a rank and egregious violation of the First Amendment.” (23:12)
His advocacy led to the case being escalated to the North Carolina Supreme Court, which eventually overturned the original ruling, acknowledging the brothers' rightful ownership and flawed legal process.
Release and Aftermath
After seven years and eleven months, a court judge released Melvin and Ly Curtis, criticizing the judicial system's entanglement with the "good old boy network":
“I'm not holding these men here. They should have been released a long time ago... I'm going to do what's right and release these gentlemen.” – Carteret County Judge (23:59)
Upon their release, Melvin expressed overwhelming relief and emotional release:
“I really had to shed a tear. It was a good, it was a.” – Melvin Riels (24:20)
Current Status and Future Concerns
Despite their release, the family's struggle is far from over. Adams Creek Associates later sold the land to another developer, raising fears about potential redevelopment, increased property taxes, and further erosion of family ownership. Additionally, as heir's property complicates inheritance, future generations face the risk of losing their stake through uncontrollable circumstances.
Mamie Riels highlighted the uncertainty:
“We really don't know because we've been told so much, hoped for so much.” (25:26)
The younger generation, including Kim Doohan's grandchildren, remain connected to their heritage, symbolizing the enduring legacy and the hope that future family members will continue the fight to preserve their ancestral land.
Personal Reflections and Hopes
Melvin expressed a deep longing to return to his home and cherished spaces:
“That I'd be able to go back to my house and mail them. Go back to the club.” (27:58)
However, legal restrictions currently prevent him from accessing his property, leading to emotional turmoil as he yearns to reconnect with his roots.
Conclusion
"The Family Land, Part 2" offers a poignant exploration of systemic injustice, familial bonds, and the relentless pursuit of rightful ownership. Through Melvin and Ly Curtis's ordeal, Criminal sheds light on the broader implications of heir's property and the enduring impact of historical legacies on African American families.
Notable Quotes:
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This summary was crafted to provide a comprehensive overview of "The Family Land, Part 2" episode of Criminal, capturing the essence of the Reels family's struggle and resilience. For the most immersive experience, listening to the full episode is highly recommended.