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Civic Skinny

August 9, 2012
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All Shook Up: Elvis case back in court here


“Pepper v. Whitehead,” a case in three acts. Based on a decision handed down July 31 by the United States Court of Appeals for the Eighth Circuit.

The cast, in order of appearance:

Elvis Presley.

Sterling Gary Pepper, who is known as Gary.

Sterling Gary Pepper Sr., Gary’s father.

Nell G. Pepper, Gary’s mother, Sterling’s wife.

Nancy Pease Whitehead, a nurse from Cedar Rapids.

Carl Nichols, a member of Presley’s inner circle.

Helen, Nancy’s mother.

Dennis, Nancy’s brother.

John Tate, Nell’s nephew and Gary’s cousin.

Rebecca Tate, John’s mother and Nell’s sister.

Jenny Jorgensen, Nancy’s sister.

Rebecca Bishop, a niece of John Tate.

Norma Deeble, Rebecca Bishop’s mother and John’s sister.

Act I. Scene I.

Place: Memphis, Tennessee. Time: 1960s.

Gary Pepper, who suffers from cerebral palsy and is unable to walk or use his hands or speak clearly, lives with his mother and father in Memphis and becomes a huge fan of Elvis Presley, who takes him into his inner circle and puts him on the payroll. Gary sits at the head table at the wedding reception of Elvis and Priscilla Presley, poses for photos with them after the birth of their daughter, gets front-row seats for many of their concerts. He amasses a cache of Elvis memorabilia. He helps found and develop “The Tankers,” a fan club with membership of more than 5,000. It is named in honor of Elvis’ service from 1958 to 1960 with the Third Armored Division in Germany, where he was assigned after he was drafted and where he met his future wife.

Act I. Scene II.

Place: Memphis. Time: Early 1970s.

Gary’s father, Sterling Gary Pepper Sr., a security guard at Graceland, drops dead while on duty in 1971. Nell Pepper goes into severe depression and has periodic manic states and is unable to care for Gary. She bangs on doors, runs away from home, defecates on the floor, and “allows the house to fall into a state of squalor.” (Heartbreak Hotel, 1956)

Act II. Scene I.

Place: Memphis. Time: mid-1970s.

Nancy Pease Whitehead, who loves the music of Elvis, moves to Memphis from Cedar Rapids “to absorb the local culture of her idol’s hometown.” She frequently spends her days “hoping to catch a glimpse of Elvis at the gates of Graceland.” One day she is approached by Carl Nichols, who tells her about Gary and Nell and about how they need care and help.

Nancy moves in to help care for them “at their modest two-bedroom bungalow on Eva Street.” She provides care that is “by all accounts...steadfast, loyal and true.” (I Feel That I’ve Known You Forever, 1965) To help her, Nancy asks her mother, Helen, and brother, Dennis, to move from Cedar Rapids to Memphis. They do, and then Gary, Nell, Nancy, Helen and Dennis move to a larger house next door to Vernon Presley, Elvis’ father, “fulfilling Gary’s wish to be nearer to Graceland.” It is unclear who actually purchases the house.

[Intermission.

“I was thinking about you, and I was thinking about war and I was thinking about ‘tests.’ You know what I have wondered whether I will ever be faced with some kind of test of character that lets me really know what I’m made of.” — Nancy Sebring]

Act III. Scene I.

Place: Memphis and Cedar Rapids. Time: late 1970s.

On Aug. 16, 1977, Elvis dies. Two months later, the estate takes Gary off the payroll, meaning the household must live on the Social Security checks of Gary, Nell and Helen.

Nancy determines she must move back to Cedar Rapids. (I’m Leavin’, 1971) She invites Helen, Dennis, Gary and Nell to come with her, saying they can live free in a house she has access to. They all move to Cedar Rapids in 1978. Gary takes with him “his vast collection of Elvis memorabilia.” (Pieces of My Life, 1975)

Before they move, they are visited in Memphis by John Tate, a cousin of Gary’s from California. He suggests that perhaps Gary and Nell should move to California. But all go to Cedar Rapids. A few months later, Gary and Nell move into a nursing home with the idea they will indeed move to California. Gary takes some of his memorabilia to the nursing home, leaves the rest with Nancy. Nancy says Gary asked her to keep it for him but did not believe he meant to give it to her. (Return to Sender, 1962) John and his mother, Rebecca Tate, arrive in Cedar Rapids and take Gary and Nell to California late in 1978 without notifying Nancy. Gary takes with him the memorabilia he has in the nursing home, including gold rings, a gold bracelet and a Rolex watch, all given to him by Elvis. The rest remains with Nancy. (Kissin’ Cousins, 1964)

Act III. Scene II.

Place: Cedar Rapids and Long Beach, Calif. Time: 1980s.

Gary dies in California on March 29, 1980, and Nell dies Dec. 29, 1982. Nancy sees a copy of an obituary, but there is no contact between her and the Tates.

Act III. Scene III.

Place: Des Moines. Time: 1980s.

Nancy gives the Presley memorabilia to her sister, Janet “Jenny” Jorgensen of Des Moines. Jenny believes that it is a gift and that she owns it. (Playing for Keeps, 1956)

Act III. Scene IV.

Place: Des Moines. Time: 2009 to present.

Jenny decides to sell the collection in 2009 and transfers it to a family partnership, the Pease Family Partnership. It then is sent to an auction house in Chicago, where the proposed sale is widely noted. One person who notes it is Rebecca Bishop, a niece of John Tate. (Suspicious Minds, 1969) Tate and his sister, Norma Deeble (Rebecca’s mother), seek to stop the auction and recover the collection for Gary’s heirs. The federal court in Illinois lets it continue but orders the auction house to keep all proceeds in escrow. In all, 181 items are sold, bringing in $250,465. (When My Blue Moon Turns to Gold Again, 1956) That includes $5,000 for “a large quantity of Elvis’ hair that was cut for his Army tour of duty” and $600 for a “set of Elvis’s concert-used handkerchiefs” as well as $1,400 for “two dried white roses from Elvis’ funeral.” (One Broken Heart for Sale, 1963)

The case is then transferred to federal district court for the southern district of Iowa, in Des Moines, and assigned to senior district judge Ron Longstaff. The court grants summary judgment in favor of Nancy Whitehead and the Pease Family Partnership, saying the statute of limitations has run out. (There Goes My Everything, 1970)

The estates of Gary and Nell then appeal to the 8th Circuit Court in St. Louis. A three-judge panel, including Steve Colloton of Des Moines, overturns that decision, saying the case has “genuine issues of fact” and should be determined by a jury. It sends the case back to district court.

(There’ll be Peace in the Valley, 1957) …

Other stuff:

Iowa lost 2,100 jobs in the latest month, compared with a month before. Nonfarm employment stood at 1,508,700 in June, compared with 1,510,800 a month before. When Terry Branstad took office in January of 2011, the number was 1,488,100, according to the nonpartisan Legislative Services Agency. He promised to create 200,000 jobs in five years. The total has gone up 22,700 in a year and a half. He has 187,300 to go.

The state is awash in money. Net receipts in July, the first month of the new fiscal year, totaled $378.3 million, up nearly 24 percent from a year earlier. Part of the increase is due to timing, but better times also accounted for some. The take from personal income taxes rose 5.9 percent, from sales taxes rose 9.6 percent and from corporate taxes rose 101 percent. ...

The Senate last week went home for a few weeks without acting on some judicial nominations, including that of Stephanie Rose to be a federal district judge in Des Moines. But her name is expected to be the first taken up when the Senate returns Sept. 10. She is expected to be confirmed with little difficulty. ...

Life’s little ironies: As Skinny has reported, the state will be moving into the building Wellmark vacated at Sixth and Locust streets. The building is owned by the Ruans, whose Carrier Insurance Co. was the largest insurance insolvency in Iowa history. Among the new tenants: the state insurance division. CV



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