That Can’t Be Right: Woman Not Allowed To Testify In Court Because She Wore a Sundress

June 15th, 2012 - By Brande Victorian

If you’re ever in the unfortunate position to have to appear in court, you’re always told to look your best—not because you’ll be dismissed otherwise, but to put forth a good impression of you being a standup citizen. But maybe there is a little more to it as Yancina Johnson learned the hard way Tuesday. The Mobile, AL, woman was set to testify against Hykeem Kemp, a man who she says has been threatening her family since her son’s murder in February, and whom she believes had something to do with his killing, but when she arrived to go before the judge, she wasn’t allowed her day in court because of what she was wearing.

Johnson told the Local 15 news:

“I told (the bailiff) my name, she said, ‘Okay, but you can’t go back in the courtroom because what you have on is not appropriate.’”

Though Johnson didn’t exactly put her best fashion foot forward in a sundress with thin straps, the reaction seems a bit harsh and unprecedented. Johnson said she was still told to wait in the hall until she was called to testify but that never happened.

“Nobody came and got me, nobody came and talked to me,” she said. “How could they have his trial without me being there?”

Kemp, the man she was supposed to testify against, ended up receiving credit for time served and being released from jail that day, making the circumstances of her son’s murder seem all the more suspicious to Johnson. In February, her son, Darrius Rowser, was found shot to death multiple times in his car with the engine still running. Four months later no one has been charged with the killing. Johnson said she’s continuously been given the runaround by police and the court system, with the dress debacle being the latest dead end. She also said witnesses are too scared to come forward because Kemp and other men have intimidated them, which is why she felt giving her testimony was so crucial.

“They need to find out what’s going on in my neighborhood so these people can be put somewhere before they hurt somebody else,” she said. “They need to be serious about other stuff than a tank top.”

When the local news station spoke with Presiding Judge Holmes Whiddon about Johnson’s removal from the courtroom, all he had to say is it’s up to the bailiff to decide whether an outfit is appropriate for court. He also said it’s possible Johnson’s testimony was no longer needed if Kemp took a plea deal, but you would think someone would have informed her if that was the case.

Do you think people should be stopped from testifying in court over their clothing?

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  • http://www.facebook.com/people/Eliza-Beth/100003391668904 Eliza Beth

    I don’t care if she walked in their with booty shorts, a possible murderer is going to go free! Is it really worth it? No doubt the woman was wrong , but we are talking about murder here! they could hae told her to come back in something more professional.

  • Still Waters

    It’s court. And, there are signs that tell you your dress must be appropriate. Since when do we wear sundresses to court? HOWEVER…..it seems like someone could have given her a shawl or a wrap or something. This was a huge case and a big deal to her. smh….

  • jackieOsassin

    i’m thinking it’s because her “goodies” were all out and singing to the jury, but she has everything covered up except her arms! maybe the judge was just being a prude… X_X

  • KobieDixon

    Y’all see this noose right?? That’s the criminal justice system showing how much it cares about my neck.

  • kickash

    it is unfortunate for her and i understand that she would want to testify but it is common sense that you come to court in proper attire. Like seriously lady how do you wanna come off to people, im sorry but appearance will always have a lot to do with how people see you especially in a professional setting such as a courtroom

  • Ladybug94

    A nice blazer or sweater would have cleared all this up. Always carry one in your car.

  • http://www.facebook.com/lameesha.johnson Lameesha Love-Independent John

    Bottom line this is wrong to let a possible murder suspect go.
    She didn’t come in short shorts and a hoodie, she wore a black and white dress, why couldn’t they atleast asked her to comeback with a cardigan (or have someone bring it for her) or atleast stalled the court appearance, makes no sense to me,

    • Ladybug94

      Unfortunately, a sundress is inappropriate for court. It just is. Why she would think it would be okay, I don’t know.

      • Papillon

        It’s Alabama. It’s gets hot down here in the south! I wouldn’t have thought a sundress was inappropriate either.

  • http://www.facebook.com/people/Que-Stevenson/1204180733 Que Stevenson

    She didn’t have on a hat, didn’t show her midriff, and wasn’t wearing short shorts…so I guess they are calling the top of her sundress a tank top ?? Wow, too bad they thought that was more important than her testimony.

    • Ladybug94

      Its not a matter of it being important, it’s about rules and following them and respecting the rules of the court. Her nor the attorney got together to discuss the dress code.

  • aly

    I find it hard to believe that the bailiff honestly forgot this woman out there for no reason. Perhaps she didnt care or something else fishy was going on but for whatever reason I can’t help but think that an acception should have been made in this case where a witness who happens to be the mother of the deceased could have been accommodated accordingly. Like some1 said previously, regardless of what we think she should have known, sending her for a cardigan or jacket could have easily put to rest a petty situation like this.

  • Chanda

    Something ain’t right. I bet they just didn’t want to deal with her azz and the sundress was the icing on the cake. I hope she get some of justice over her son though.

  • MO

    It’s not unprecedented, I have seen several people (always women, and yes, always kind of big) on the news for the same thing. Their items were too short, sleeveless or otherwise revealing. In the cases here there were signs posted saying u could be turned away for your dress if deemed inappropriate.

    While I feel for this woman and her loss, this is a courtroom, not a picnic (or the club in some of the cases) and I think if people are going to go into a professional setting they should do their best to look the part. She didn’t have one dress with sleeves? A cardigan?

    • butter

      I sort of agree. I wouldnt wear a thin strapped dress to court. But I still dont see this as being inappropriate.

      • MO

        It’s not real world inappropriate, but pretty much every court is going to say it’s not appropriate dress for them, and she was going to court.

      • Ladybug94

        If their courtroom rules for dress are violated, then it is inappropriate. Most courts don’t allow shorts etc in court and women’s dresses have to be at the knee or below and you can’t wear tank tops or the like. I have personally seen these posted outside numerous courtrooms.

    • Gimmeabreak78

      Exactly. Where I live, if you have to appear in court for any reason, whether a traffic ticket or a murder trial, the baliff tells the people in the court room that certain behavior and attire are prohibited in the court room before the judge even gets to the bench. You are then given an opportunity to get “decent” so-to-speak, whether that means putting on a sweater or jacket, tucking in your shirt, etc.
      It’s terrible, that she didn’t get to testify, but people have really lost their sense of propriety for certain settings. What is appropriate to wear to a family picnic is not appropriate to wear to court. What is suspicious though, is that the attorney didn’t bother to advise her of how to come to court. Something is rotten in Denmark.

      • MLS2698

        Our court system will send you a list of clothes that are deemed inappropriate along with your summons ( no doo rags, pajama pants, bedroom shoes), and its really bad that they have to do that. But some people think their attire is acceptable if when they purchased it, it looked cute, and can be worn anywhere. And the hood mentality……not even going to go there. She’s wrong, she gets no pass!

        • Chanda

          That’s a damn shame. Back in the day a list like this wouldn’t even exist because people were raised to dress up when you had places (like this) to go to.

          • http://profile.yahoo.com/CTDIRD2TICAPJPFTXXWSQ4QSFA Delores

            I agree. All of this “come to church in jeans” stuff has carried over into the professional world as well (dressing down at work too). When I was growing up, if you were going to church you had to put on “your Sunday best”. Now? You could go into a church and see plenty of folk dressed like they’re going to a picnic or out to the club. It’s sad you can’t even dress up and show honor to the One that you say is blessing you. Also, If you had an “appointment” of any kind, you knew to dress appropriately.

            • http://www.facebook.com/profile.php?id=1209233959 Tiffanie Kinney

              i agree people show up to church, weddings, court, funerals and just about anything that is dressy, in jeans. but let them go to the club have on a brand new suit!

      • Ladybug94

        Exactly, Something as important as her testimony, the attorney should have made sure she knew the dress code or maybe have someone loan her a blazer or something to cover her arms. In 2012 we should know their are standards on how you appear before a judge.

  • RedButterfly81

    This woman has suffer enough, first she lost her son in a senseless way, now her clothes keeping her from testifying against her son’s killers? I’ve seen worse when I did jury duty.

    • MLS2698

      I served jury duty on a murder case once, and I noticed that the people not being picked looked a hot mess. Maybe they are on to something as far as not wanting to serve. Look like a fool, get to go home.

  • msnaimah1985

    Unfortunately Ive had to be in court before and I had on a tank top, they did not let me in the courtroom however kindly suggested that I go to my car and put my jacket on. Clearly something isn’t right because there are several ways to rectify a tank dress. sweater, jackets, old tshirts in your trunk, did she not have any family with her who could have given her their shirt? Sounds fishy to me.

    • victoria

      I agree, it does sound fishy. And it’s not an inappropriate dress. It’s quite tasteful. No cleavage, nor too much leg. Yes her arms are bare, but summer in Alabama. I think it’s even apprpriate for church.

  • GREYBEARD

    i’ve seen worst

  • Candacey Doris

    Something rotten in that case. If her attire was inappropriate, her testimony could have been taken another day. They could have let her put on a jacket. They wanted this over and him out.

  • malia

    not trying to be funny but come on now…
    #1-you know u aint supposed to wear a sundress.
    #2- if she had an attorney wearing a sundress she knows she would be like wtf…dont look credible
    #3- she big, dont nobody wanna see that
    sucks she cant get justice for her son over her wardrobe choice tho