The article appears to be a Press Release and written or guided by Elkington in his attempt to influence Public Opinion on the case versus properly arguing and presenting his facts (or opinions) before the Courts.

Shame on “Smart City Memphis” for publishing an article and issuing your media opinion on a matter in which you do not have all the facts, and even if you did, you are not qualified to discern the facts, truths, and render a proper legal ruling. Only the Chancellory Court of Shelby County and Judge Harris has that responsibility and authority.

Similarly, shame on the Commercial Appeal, the Memphis Daily News, and other media channels for also publishing stories or news broadcasts over the past two years whereby you prematurely used information from either the plaintiffs or defendants in this case. While a portion of prior articles only published facts perceived as news worthy, many stories did prematurely malign Elkington and Performa, and/or appeared to be politically motivated.

Fortunately, the guilt or innocence of any party, including Elkington, is not decided by politics, the media, how well you are liked or disliked, but based on facts and the testimonies of qualified and respected experts.

My objection to this article, does not mean I object to the content of the story. Much of it appears to be “right on” and much appears to be highly truthful. Mr. Watkins and his firm are indeed highly respected CPA’s. They have issued an expert opinion and properly disputed aspects of the case, and in so doing, they have correctly brought to the forefront potential issues, errors, and perhap inaccurate or biased opinions in the plaintiffs expert opinion that was issued by Parente Randolph and Paul Pocalyko.

Many with knowledge of this case, knew or perceived the Parente Randolph report’s claim of $6.4 million in misapproriated funds was grossly overstepping the truth of the actual claims. Does that mean the entire report is bogus and inccurate? No, Maybe, or Yes; or better put, the only party who has the responsibility to discern the Truth is the Court!

Mr. Watkin’s opinion is very credible and highly respected. Does that mean his opinion is the better of the two? Perhaps. Does that mean he is correct? No. Does that mean it speaks the Truth and nothing but the Truth. No, as he in less than 200 hours, he probably does not know the details of the facts and truths. The answer is it is only a credible opinion, aspects which may be supported by facts.

The sad issue for everyone, including Elkigton, are the Truths may never be known, unless this case proceeds to a Trial. The only competent venue to discern what are mis-guided opinions (from either side) and what is the Truth is a Court of Law.

In my opinion, this entire case is a travesty of justice and also a complete and misguided waste of taxpayer funds. On one hand, I applaud former Mayor Herrenton for his actions to launch a full investigation on the improper accounting of Performa’s Beale Street lease, yet in all due respect, he should have done that in 1992. While the Truth is priceless, spending in excess of $2.5MM with Wilkins, $750,000 on an “expert opinion”, plus the enormous man-years of assigned City personnel and attorneys on this case is an aboration of tax payer resources. Conversely, as anyone who has ever dealt with Elkington knows, he is a “pro” in dancing the “Beale Street Shuffle”, manipulations, deceit, bold face lies, misappropriation of funds, self-serving actions … while he most often convinces you he is honest and means well … even when you know otherwise. As one of the early leaders in the pre-Beale Street days said “John can convince you the world is flat, even when you know otherwise”. The attributes of a super salesman are admirable and made Beale Street successful. Yet, the negative attributes are those of a misguided person, who still believes today he owns Beale Street.

So with 20/20 Hindsight, Herrenton could have corected these issues in 1992, without spending $3-4 million. Conversely, had Elkngton honestly and openly cooperated, and been willing to properly account and report the terms of his lease, this entire matter would have never required the waste of taxpayer resources.

As others, I have respect for what Elkington accomplished and the obstacles he overcame in making Beale Street successful. I do not have respect for his ability to manage business affairs. Most know he sees things through rose colored glasses. Most know he cannot effectively manage a business, much less manage a budget or provide proper accounting.

I concur with Watkins the $6.4 million claim by the City is grossly incorrect. I disagree that Elkington is owed $1.5 million. If it should be remotely correct he is owed anything, the money was never his … as he used OPM (other people’s money). Or maybe, he got the funds from Richard Rossie (his former attorney, who stole from others)!

Most likely Elkington owes very little (in comparison) and in turn he is due nothing.

While after all the legal efforts and costs, many in Memphis would like to know the truth from the Court … perhaps the best for the City of Memphis and Mayor Wharton is a fair settlement of the case.

Whether by the Court or by a settlement, the City of Memphis needs to get this matter resolved … and let’s move on in life and begin rebuilding the image and succcess of Beale Street, downtown Memphis, and our overall comunity.