Ellington

(Update: Download Circuit Judge Robert Bailey's decision in PDF.)

Thanks to The Meridian Star, the mainstream media blackout on coverage of Jackson Mayor Frank Melton's recent lies to the Lauderdale Circuit Court has been lifted. On Tuesday, the Star reported as its lead Page 1 story that Melton went before an angry Judge Robert Bailey the day before in Meridian, on Aug. 22, to ask the judge not to grant default judgment to defendants suing him for defamation due to his lying under oath.

Melton asked Circuit Judge Robert Bailey to give him a break for lying to the court about leaking a faulty memo to a Clarion-Ledger reporter when he was head of the Mississippi Bureau of Narcotics—a story previously reported only by the Jackson Free Press on July 20. He changed his story in an amended document submitted days after he took the office of Jackson mayor.

"I think I owe the court a very serious apology," Melton told the judge, as reported by the Star. "Why did I mislead or lie? I assumed I had First Amendment protection. ... It's no excuse for ignorance. I made a stupid mistake."

Melton told the judge that he gave reporter Ana Radelat, who covers Washington, D.C., for The Clarion-Ledger, the internal memo alleging wrongdoing by several MBN employees because he believed they were both journalists and were having a confidential exchange—thus, he believed the First Amendment gave him cover for lying about the leak in his sworn depositions earlier this year. Melton's lawyers told the judge the mayor had been "confused" about whether the First Amendment protected his false statements.

At that point, the Star reports, the judge snapped back at Melton's excuses. "What do you mean, confused? Are you telling me he didn't know the truth?" Bailey said. "It really disturbs me that someone could come before this court and lie. In 18 years on the bench, I've never had that—not from a lawyer and not from a layman."

Melton pled naiveté to the judge over his earlier sworn statement, saying he did not know that the document he signed before a notary public was a court document. "As far as I'm concerned, this is the first time that I've raised my right hand. … I had no idea this was a court document ... I didn't realize that this was testimony ... I really thought it was posturing between the attorneys," he said.

Ultimately, Melton wanted the judge to overlook his transgression—and admitted that he was dishonest to the court. "It was a lie, I've already admitted that. It was a terrible mistake," Melton said. "I had no intention to mislead this court."

Attorneys for the plaintiff, former pilot Robert Pierce, have submitted a motion to strike Melton's answers, enter a default judgment against him and move directly to a trial on the issue of damages. State Auditor Phil Bryant found earlier this year that the allegations in the memo against Pierce were false; Pierce argues that Melton was trying to cement his reputation as a tough crime-fighter by leaking the faulty memo.

Bailey, looking sour and "incensed," as the Star described him, said he would write a decision on the matter soon.

After the City Council meeting Tuesday, Melton spoke to reporters about the case against the MBN officers as if it was still going on, which it is not. "It's a very serious criminal investigation, and I felt compelled to protect sources of information and also the journalist that was involved in reporting that situation."

Melton said that, when he was at MBN, he still saw himself as a journalist—and still does. "I still have substantial ownership in journalism," he said. "I'm a journalist. That's what I've been for 30 years. I'll never give that up, and you know the professional courtesies that we have in the industry, and that has been violated. We went over there yesterday to straighten the record out and do the right thing, and it's a First Amendment issue. … I will see myself as a journalist as long as I live."

When asked if he had indeed testified that he had "lied," as the Star reported, Melton dodged the question. "I don't read that paper, so I don't know what they said," he said.

Though attorneys for the plaintiff say they are not pursuing charges of perjury against Melton, Judge Bailey could refer any questions of perjury to the district attorney, or the D.A. could take it upon himself to investigate. Perjury is a felony in the state of Mississippi.

Note: The JFP Web editor posted the wrong version of this story yesterday—an earlier one without final edits. This copy now reflects the story as it appears in the print version. We apologize for the confusion.

Previous Comments

ID

64710

Comment

The Clarion Ledger was remarkably quick to report Melton won't face perjury charges... Wonder why the C-L took so long to report the perjury in the first palce??

Author

Johann

Date

2005-08-25T07:04:17-06:00

ID

64711

Comment

Have they mentioned that they are getting sued for a gazillion dollars yet? "He said he was unaware of the importance of interrogatories, saying he thought it was "just legal jockeying." Just like he is unaware of due process and the hoops you have to jump through to get things done in government. It's a good that he has surrounded himself with smart people.

Author

pikersam

Date

2005-08-25T07:38:14-06:00

ID

64712

Comment

What happened to integrity? This man lied under oath and nothing is going to be done about it? This is pure bull!@#$! What a justice system we have here in Mississippi... This man broke the law and gets away with it, but yet and still he is all about putting criminals behind bars. Come on Cowboy Frank!!! What the heck is going on???

Author

maad

Date

2005-08-25T09:06:35-06:00

ID

64713

Comment

Don't forget the water for the YMCA he didn't know he had to pay for! ;-)

Author

pikersam

Date

2005-08-25T09:36:47-06:00

ID

64714

Comment

Don't forget the water for the YMCA he didn't know he had to pay for! And notice Jackson is under a conserve water order 'cause we're running short, plus they want to increase water/sewer rates to pay for water plant improvements. Sounds like maybe Frank should fess up to that one and kick a little into the kitty.

Author

Johann

Date

2005-08-25T12:32:34-06:00

ID

64715

Comment

" he saw himself as a journalist...and still does." "it's a first amendment issue.." oh please. "most journalists know the importance of interrogatories, can't have it both ways. Confused? Does the city want a mayor who pleads 'confused?' He is scrambling for cover. He's toast.

Author

sunshine

Date

2005-08-26T14:23:00-06:00

ID

64716

Comment

Honesty..the best enema for the politician's soul.

Author

wade G.

Date

2005-08-31T13:10:00-06:00