BY RACHEL MELCER
The Cincinnati Enquirer
LINCOLN HEIGHTS -- The buzz of electric razors was cut short Friday in the barbershop owned and operated by Eugene Jenkins until his death in 1996, as news arrived that the man accused of shooting him may have to be retried. Barber James Pogue sat in a red leather chair and remembered his friend, mentor and former Lincoln Heights mayor.
"It's going on two years now. I think most of the community got to the point where we can laugh about the good times we had with him. And now all the bad things are brought up again," said Mr. Pogue, who has worked 14 years at Jenkins Barbershop.
Alleging "prosecutorial misconduct," a three-judge panel of the Ohio First District Court of Appeals voted 2-1 Friday to throw out the conviction of Edward Smith.
Mr. Smith's family was not available Friday to comment.
He was convicted in March 1997 of murdering Mr. Jenkins, who was his employer. He was sentenced to life in prison without parole for 20 years.
Prosecutors say he will remain in prison while they decide whether to appeal the judges' ruling to the state Supreme Court. If that is unsuccessful, they could begin Mr. Smith's trial all over again. Lincoln Heights residents say they would be devastated.
"(The 1997 trial) was difficult for his wife and children and his family. Not just his immediate family, but the community. A lot of them were there. It's like extended family -- that's just the relationship we have," said Mr. Jenkins' uncle, the Rev. Oliver Williams, pastor of Friendship Baptist Church.
More than 500 people had gathered in the church for the funeral of Mr. Jenkins, who was 56. They spoke of his philanthropy and leadership. Mr. Jenkins made his reputation at the barbershop, founded by his mother. He owned several buildings and gave jobs to acquaintances who needed a helping hand, including Mr. Smith.
"Mr. Smith and Mr. Jenkins had been friends down through the years. They lived on the same street as children and in the adult years. Mr. Jenkins had befriended him by giving him a lot of work," the Rev. Williams said.
Mr. Jenkins' wife and daughter declined to comment. The family still owns the barbershop, Lincoln Heights' second-oldest business. "A lot of free talk goes on in here, a lot of opinions are passed back and forth as is the tradition with a neighborhood barbershop," said Edd Jones of Lockland. "All that's missing is the pot-bellied stove and the cracker barrel."
A new trial would mean conflict for community members who like the families of both men. Mayor Lovey Bea Andrews said she could not talk about the matter, because she falls into that divided camp. "I really feel for (Mr. Smith's family). The pain that they feel, I feel. Because I know that they are good people and it was a great loss to them," the Rev. Williams said.
In Jenkins Barbershop, there are no divisions.
A yellowed photo hangs on a mirror along with Mr. Jenkins' last state license. A newspaper clipping taped nearby tells of the murder trial. And the weary looks exchanged by patrons hearing the latest news show they half expected justice to turn against them.
"Some people will not be surprised that there is a loophole," said Mr. Jones. "This is pathetic -- a travesty -- that justice could be done and undone."
To the men in the shop and throughout the town, Mr. Jenkins represented the success they all wished for.
"He was what we would consider a young man when he was killed. To have accomplished what he had, that lets a lot of young males, and especially African-American males, see a positive example of success," said Barbara Williams, his aunt. "His life -- and his death -- had a tremendous impact on the community."
