It was a cool evening just across the bay from San Francisco. A then 27-year old Al Lipscomb, or Lemna [1] his drug-dealer "street name" as he called himself, stood near the corner of 7th and Center near downtown Oakland.
It wasn't the best part of town. As a matter of fact quite a bit of crime and drug dealing happened around this intersection.
Just up from the corner, was Payne's Restaurant. Lemna knew the place well.
Tonight, Thursday the 22nd of May, 1952, Lemna would cross paths for a second time with a man named Leroy Gobert. Lemna didn't know it, but this evening's meeting would play a major role in Lemna's life for the next couple of years.
You see, Leroy Gobert was an undercover narcotics officer for the Oakland Police Department.
Lemna had been in trouble up and down the California coast the past few years for drugs, assault and "pimping" girls. Lemna's latest occupation was pushing heroin or "paper" as it was called.
As the young police officer walked up the street, Lemna approached him and asked, "Little brother, are you straight"--the street slang for "do you have heroin?"
"No," the officer replied. "Would you like to get straight," asked Lemna?"
"Yes," said Officer Gobert.
Lemna disappeared around the corner. When he returned, he asked the officer for "six cents" (six dollars in street slang).
This time, Lemna gave the officer some heroin.
Ironically, it wasn't the first time Lemna sold something to Leroy Gobert--but it was the first time the officer actually received heroin.
About a week earlier, Officer Gobert met Lemna for the first time. The officer asked Lemna for "a paper." Lemna took Officer Gobert into Payne's restaurant, and fished what he claimed was heroin from behind a vending machine and sold it to the officer for six dollars.
The first time, the purported heroin turned out to be table salt.
But tonight it was different. Officer Gobert would end up taking the paper to another narcotics officer who, in turn, would take it to police narcotics chemist Floyd Theisen who would confirm the paper was not salt this time.
About two weeks later, Lemna and Officer Gobert's paths would cross a final time. It was Saturday night, June 7, 1952. Officer Gobert was in his car with a friend--a young lounge singer named Caesar when they came across Lemna standing, again, in front of Payne's restaurant.
The officer honked his horn to get Lemna's attention.
Lemna got in the car and the three drove down the block and parked. The officer asked Lemna for a paper. "I will get you one," replied Lemna.
The officer watched Lemna walk back toward Payne's restaurant. A few minutes later, Lemna delivered the officer some more heroin.
On July 16, Lemna met another police officer. This time it was Officer Vaughan with an arrest warrant [2] and it was off to jail for violating Section 11500 of California's Health and Safety Code.
The next morning, Lemna met Judge William J. McGuiness in Department Number 2 (California District Courts are called "departments") and it would be "The People of the State of California vs. Albert L. Lipscomb" once again [Court Record Page 1 [3]].
Judge McGuiness read the charges, informed Lemna of their seriousness, and suggested Lemna get a lawyer.
On July 21st, Lemna was brought back into court for arraignment. With him was Assistant Public Defender Rudolph Michaels. Mr. Michaels entered a plea of "not guilty" on behalf of Lemna.
The judge set August 4 for a first hearing or "preliminary examination" and sent Lemna back to his jail cell. August 4 turned into August 14 after a postponement.
Finally, on August 14, it was back to Department Number 2--and this time Judge James S. Blaine for the preliminary examination. A "preliminary examination" is where the judge looks at the evidence and decides if there is enough evidence to proceed forward with a trial.
The first witness: Officer Leroy Gobert.
Officer Gobert and Deputy District Attorney Albert Hederman laid out the case. They submitted Lemna's paper--marked "People's Exhibits 1 and 3."
The court record [4] tells the outcome:
"It appearing to me that the offense, Felony, to wit: a violation of Section 11500 of the Health and Safety Code has been committed and that there is sufficient cause to believe the within named defendant, Albert L. Lipscomb, guilty thereof," Judge Blaine began.
"I order," the judge continued, "that he be held to answer to the Superior Court of Alameda County to the same and that he stand committed to the Sheriff of Alameda County and that he be admitted to bail in the sum of $2,000, and he is committed to the Sheriff of the County of Alameda until he gives such bail."
Trial was set for October, Lemna made bail and was released.
On October 29, court convened in Department Number 3--the courtroom of Judge Jack K. Pool. Present for the State of California was Assistant District Attorney Folger Emerson. Present for Lemna was Assistant Public Defender Ivan C. Sperbeck.
Absent: Lemna.
Judge Pool revoked Lemna's bail and issued a bench warrant [5] for his arrest.
Finally, on December 5, 1952, the law finally caught up with Lemna. He was arrested and brought before Judge Pool. Lemna, this time, pled "guilty" to two felony counts of peddling heroin.
The judge accepted the plea and banished Lemna to the Alameda County Jail for one year [Felony Count 1 [6] | Felony Count 2 [7]].
In the past fifty years, much has changed.
Payne's restaurant is long gone. Where Lemna used to deal drugs, new apartments are being built--some of which provide affordable housing for low-income Oakland residents. Across the street is a new Bay Area Rapid Transit station.
Also, today, an 80-year-old Lemna is making plans to again be on the Dallas City Council.
View the Court Documents
Each document will open in a new window.
- Arrest Warrant - Page 1 [8]
- Arrest Warrant - Page 2 [9]
- District Attorney's Complaint - Page 1 [10]
- District Attorney's Complaint - Page 2 [11]
- Cover Page - Felony - Two Counts [12]
- Court Record - Page 1 (Cover Page) [13]
- Court Record - Transcript (PDF) [14]
- Order Holding to Answer and Establishing Bond [15]
- Order Issuing Bench Warrant after No-Show in Court [16]
- Committment to One-Year Jail Term on First Count [17]
- Committment to Jail Term on Second Count (concurrent with first) [18]
Editor's Comments
There has obviously been quite a bit of research put in to the development of this story. There have been phone calls, emails and even a trip to California.
A friend asked me, "why did you do this?" Why would I go all the way to California over something that happened 50 years ago?
Because a felon serving on the City Council is wrong.
Texas Local Government Code [19] clearly says that a felony convict is ineligible to hold a seat on the Dallas City Council.
Al Lipscomb is a twice-convicted felon. Period. He cannot serve.
You'll notice I haven't mentioned his January, 2000 conviction on bribery and corruption -- later thrown out on a "change-of-venue" technicality. These convictions were before that.
If we're ever going to have snowball's chance in Hades of turning Dallas into a world-class city, we need to begin to call people on the carpet over this kind of behavior. We do not need to coddle criminals and misfits and give in to their destructive behavior.
If Lipscomb wants to run for the council and be on the council, he should first change the State law barring him from serving.
Allen Gwinn
www.Dallas.Org