0

BREAKING: Judge Green Recuses Herself

Judge Tomie Green has recused herself (PDF, 125K) from the upcoming Ridgeway trial, citing "recent improper and inappropriate contact with the trial judge and members of her family which makes the trial judge a potential witness in subsequent proceedings."

Green, who oversaw Mayor Frank Melton's trial for weapons violation earlier this month, writes in her order that she will retain jurisdiction over Melton's probation in that matter. The Ridgeway trial, in which Melton and Jackson Police Department detectives Michael Recio and Marcus Wright face five felony counts each, was scheduled to go to trial this spring.

Also, the circuit court clerk today released yet another motion from Robert Smith (PDF, 500K) calling for dismissal of the charges against Wright and Recio due to alleged misconduct by the district attorney's office. The motion is a catalogue of media coverage--including one erroneous reference to the Jackson Free Press, in which Smith claims the DA gave the JFP an interview, though that story cited only from motions filed by the DA.

It is, in other words, another volley in the game of no-YOU-violated-the-gag-order. Smith seems most outraged by the DA's revelation in a legal motion that Melton sought a plea deal, though Smith is not Melton's attorney. He also alleges that the DA's motion was under seal, and "therefore, this gives rise to the inference that the information was improperly leaked to the media." However, the motion in question was readily available from the clerk, as it was filed before Green ordered all motions to be filed with her office.

Smith argues that these stories in the media about Melton seeking a plea bargain "have sparked public discourse" over what other plea deals may be in the works, and he asserts "that these series of public discussions regarding plea bargains is in violation of (the gag order)." Public discussions, however, do not in themselves violate a gag order, as only officers of the court are bound by it.

Smith concludes by calling the DA's misconduct "egregious" and writes: "It is blatantly unfair for one party to be publicly chastised regarding gag order violations, while other parties run afoul of the rules without any repercussions whatsoever."

Previous Comments

ID
124616
Comment

Interesting that she will still control his probation. Lord, what madness will Team Melton rain down upon us next!?!

Author
DonnaLadd
Date
2006-11-27T15:50:11-06:00
ID
124617
Comment

So, the $10,000 question on everyone's mind is: What was this "inappropriate" contact? Was there a threat? A dirty joke? Will we have to wait until the spring to learn?

Author
Brian C Johnson
Date
2006-11-27T15:50:23-06:00
ID
124618
Comment

Those are intriguing questions. And *why* will she need to be a witness against him—because of whatever was done to her family?

Author
DonnaLadd
Date
2006-11-27T15:51:11-06:00
ID
124619
Comment

Hmmmm interesting!

Author
Queen601
Date
2006-11-27T16:02:43-06:00
ID
124620
Comment

I was talking to some local legal brains last week who said they thought Melton is best off in Green's court, and should stop trying to get her kicked off. They seemed to think that judges who might be seen as friendlier to Melton (like perhaps Yerger, whose family donated to his campaign, I think) would be compelled to be harsher on him so they couldn't be accused of favoritism. What do y'all think of that theory? Ray, any thoughts?

Author
DonnaLadd
Date
2006-11-27T16:03:43-06:00
ID
124621
Comment

Judge Green and all her siblings I know of went to Tougaloo. She and 2 brothers were there at the same time as me. She was a teacher then. A sister came later. There is a dentist, a criminalist (forensic scientist who was in my class), the judge, and one other male whose profession I can't recall. All of them are very bright, strong, tight and good people. Who would have the foolish nerve to approach either one and not expect it to reach the other ones? Lord know I hope no one went beyond the judge or siblings. And, hopefully, whatever was done was benign and harmless.

Author
Ray Carter
Date
2006-11-27T16:10:16-06:00
ID
124622
Comment

Hear, hear, Ray. Let's hope and pray for the best here. I am curious whether you think that Melton was better or worse off in Green's court compared to other judges—if you have any opinion on that.

Author
DonnaLadd
Date
2006-11-27T16:15:49-06:00
ID
124623
Comment

Wow... I don't know what else to say.

Author
LawClerk
Date
2006-11-27T16:19:36-06:00
ID
124624
Comment

Personally, I and all the criminal lawyers I know, don't look forward to sitting in Yerger's court. There is a sneaky suspicion he's pro prosecution ordinaraily although he's the consumate gentlemen during the trial. In this case, he could be the opposite or indifferent. In any event, I have found that he's willing to follow the law and rules. I would be a little afraid of Delaughter too because he spent so many years as a prosecutor. However, Delaughter has been in a many good criminal battles and would know exactly how to conduct and respond to the turbulence of the trial. And I doubt Delaughter has relationships in this case that would make his conduct suspicious or questionable. Personally, I like and respect Delaughter despite his background. Judge Kidd is the youngest of the group and was primarily a civil lawyer which is a minus to some lawyers and a plus to others. I bet this isn't a case where the judges are figting to be one who handles it.

Author
Ray Carter
Date
2006-11-27T16:26:03-06:00
ID
124625
Comment

I added a motion from Robert Smith to the story above. Kind of interesting reading--between you and me and the Internets, Smith seems angry.

Author
Brian C Johnson
Date
2006-11-27T16:40:16-06:00
ID
124626
Comment

You think? I have a question, Brian, what Oct. 31 story did the JFP do that featured an interview with the state, as it states in the motion? Also, since when did Robert Smith become the attorney for *both* bodyguards? He wasn't before. And is there is a problem with that? What happened to Omar?

Author
DonnaLadd
Date
2006-11-27T16:42:54-06:00
ID
124627
Comment

A-bloody-mazing. The madness never ends, does it? The Joker needs to be run out of Gotham! Where, oh where, is the Batman?

Author
Lady Havoc
Date
2006-11-27T16:46:27-06:00
ID
124628
Comment

Donna, obviously, I'm nearly always bias in favor of judge Green. This is hard for me to answer as judge Green probably didn't really want to see anything bad happen to Frank. However, judge Green is an ex-prosecutor and a smart women. She knows LOTS of people, and has a strong sense of justice and injustice. In summary, she no one to play with, and will drop the hammer when deemed necessary. One of my ex-clients is living proof. She tried to save his young and stupid behind. But once he rejected it and her, forced a trial upon us, and lost; she proudly tore him a new ass. He earned it though. In a nutshell, with regards to Frank, I believe she would have let the chips fall where they may. The answer is in there somewhere. My affection and respect for her won't let me say more. I wish I could do better job answering your question.

Author
Ray Carter
Date
2006-11-27T16:47:31-06:00
ID
124629
Comment

A-bloody-mazing. The madness never ends, does it? The Joker needs to be run out of Gotham! Where, oh where, is the Batman? At home washing his tights! (sorry I couldn't help it)

Author
Jeff Lucas
Date
2006-11-27T16:50:19-06:00
ID
124630
Comment

Just read your comments closely, Brian. Agreed, this thing is full of holes, with due respect to Mr. Smith. You really nailed it here: Smith seems most outraged by the DA's revelation in a legal motion that Melton sought a plea deal, though Smith is not Melton's attorney. He also alleges that the DA's motion was under seal, and "therefore, this gives rise to the inference that the information was improperly leaked to the media." However, the motion in question was readily available from the clerk, as it was filed before Green ordered all motions to be filed with her office. Why is the bodyguards' attorney so upset on behalf of Mr. Melton? That seems weird, doesn't it? It sounds to me like Team Melton is upset that their motions strategy to bypass the gag order boomeranged on them with the prosecution's return motion. It seems a bit disingenuous for the defense to complain about motions that violate the gag order, doesn't it? It seems like the worst they could argue is a stand-off between battling motions that go around the gag order. I guess the question of "who started it" doesn't mean much. If they want to complain about the gag order, and try to get it lifted, they should do that. But it's hard to have it both ways: that you don't want it for you, but you do want it for the other side. All this rather speaks to the argument that the gag order may not be doing much good, although it seems obvious why they tried it in the first place. So, one wonders if Mr. Smith is now outraged this HIS latest motion is in the public domain generated all that dreaded public discussion!?! Sigh.

Author
DonnaLadd
Date
2006-11-27T16:51:32-06:00
ID
124631
Comment

Well, you can say one thing: Our prediction that Frank Melton would keep us tied up in court for years has certainly turned out to be right on, eh?

Author
DonnaLadd
Date
2006-11-27T16:52:50-06:00
ID
124632
Comment

I think that DeLaughter would have to be the obvious choice to replace Green. He has the most extensive background in criminal law and is the only Judge who can effectively move his docket so that Melton would go actually go to trial in the near future. As well, it seems most likely that the "inappropriate contact" came from the Melton team, as they would have the most motive to engage in behavior such as that (just look at Melton's past actions as a basis for that statement). Although maybe Faye did it who knows.

Author
snowjob
Date
2006-11-27T16:55:48-06:00
ID
124633
Comment

You make a good point, Shaun. The motion does not say *who* engaged in the inappropriate conduct. Why does the timing of the docket matter? Some folks complain about the trial happening too quickly; others complain about it taking too long. That kind of strikes me as irrelevant—although I certainly understand why they needed to indict Melton so quickly and get the police equipment and guns away from him, if nothing else so he wouldn't keep putting those kids in a tempting situation.

Author
DonnaLadd
Date
2006-11-27T16:58:27-06:00
ID
124634
Comment

Delaughter would seem to make sense, though. It would seem that Yerger would at least face a perception of bias problem in a Melton case. I doubt Delaughter would have that same problem. I doubt any Delaughters show up on the contribution list, but I could be wrong. I'll go find the link to it.

Author
DonnaLadd
Date
2006-11-27T16:59:31-06:00
ID
124635
Comment

Here are campaign finance reports for the primaries, for those who care about such things. We have the reports for the whole year (2005) posted somewhere. Brian, do you have the link.

Author
DonnaLadd
Date
2006-11-27T17:03:44-06:00
ID
124636
Comment

Whenever someone in a position of power like this is accused of a crime related to their position, they should (IMHO) immediately go to the top of the stack. If the defendant is innocent, that needs to be established quickly so that government can get back to functioning as normal; if the defendant is guilty, that needs to be established quickly so that further abuse of government power won't take place; if the defendant pleads nolo contendere, he deprives us all of closure, but I guess that needs to be done quickly, too, if it's going to be done. As far as the Tomie Green thing goes: I have a sneaking suspicion things are about to get very interesting. And while I would rather see DeLaughter handle the case than Yerger, I don't think Melton is going to get off easy with anybody this time. Cheers, TH

Author
Tom Head
Date
2006-11-27T17:05:20-06:00
ID
124637
Comment

Donna, I feel that the docket issue is relevant because if Melton actually commited the acts for which he is indicted, then it is for the good of the city for him to go to trial as soon as possible and if convicted, to be removed from office as soon as possible. It just seems to me that it is for the good of the citizens of Jackson to get this Melton stuff behind them and to move forward and focus on more important issues, such as economic development and the ever growing crime problem.

Author
snowjob
Date
2006-11-27T17:08:44-06:00
ID
124638
Comment

I will say one thing, historically, about Delaughter. I have an article from the old Northside Sun (back when they did hard reporting; seriously) that shows that Delaughter was an ADA when Ed Peters was refusing to put the alleged Youth Detention Center rapes/corruption before a grand jury. It sounds like Delaughter was in charge of that case then for the D.A.'s office, according to that old Sun article. I'll find it and put the applicable section up. That, of course, would only suggest an indirect (if that) connection to Melton, although it would be a more direct issue when it comes to Frank Bluntson, who is Melton's biggest supporter on Council. I'm not arguing that suggests a conflict in any way; it just shows the crazy web that is Jackson. Interestingly, two of the main names that surfaced in the media archives about that madness—Blunton and former FBI man Joe Jackson—were on Melton's character witness list in this month's gun trial. You can't make this stuff up. ;-)

Author
DonnaLadd
Date
2006-11-27T17:10:52-06:00
ID
124639
Comment

I see your point, Shaun. I tend to agree that the city needs to get past this as quickly as possible however it works out. And I presume that the longer it takes, the more it'll cost the taxpayers.

Author
DonnaLadd
Date
2006-11-27T17:12:49-06:00
ID
124640
Comment

Also, it was interesting to me that WLBT's Dan Modisett seem to be listed as a character witness for Melton. It's one thing to be dragged up in there based on what you've reported, but it seems quite another to willingly offer yourself up if you run a local media outlet. I don't know that he did, but it doesn't seem that one would need to subpoena a character witness for the defense.

Author
DonnaLadd
Date
2006-11-27T17:15:15-06:00
ID
124641
Comment

The only problem I see with his impending trial (speaking as a trial lawyer) is that I don't believe that you will be able to find twelve jurors to convict him in this county. First of all, there is such a mixed opinion of him in the community, people either love him or hate him and with possible juror pool of people who think "maybe he did but I don't care he is the savior of the city," it is unlikely that they will be able to get a conviction, which is sad.

Author
snowjob
Date
2006-11-27T17:18:22-06:00
ID
124642
Comment

Shaun, I agree that this is an issue—and clearly helped the AG's office decide to let Melton plea to misdemeanors in the gun trial. I don't think it's as hard as most people do at this point—I talk to many people throughout the community, and at least one out of three of all backgrounds who used to support him don't anymore. However, I can also see how it only takes one—and they are still out there, if shrinking in number. So, I agree that this is a troubling issue. I do think that a jury is going to be less forgiving about the accusations that he was hauling young men with criminal records around on the big RV and then telling them to commit crimes, though. This may be a gun culture, but that's different from inciting minors to violence. And isn't that the harshest charge against him, penalty wise?

Author
DonnaLadd
Date
2006-11-27T17:23:30-06:00
ID
124643
Comment

Donna, I agree with you that his popularity is shrinking (deservingly so) but you said it takes only one to say "no go" and with the performance of the Hinds County DA's office on past criminal trials (and I don't mean just the woodstreet stuff) over the last year, I believe that they do not have the ability to secure a conviction given their past record. Maybe they should bring in some special prosecutors to help them out.

Author
snowjob
Date
2006-11-27T17:29:16-06:00
ID
124644
Comment

Shaun, someone asked earlier: Do you have a listing of the D.A.'s cases and what they have won, lost, settled? Is there one? We keep hearing rhetorical references to them not winning cases, but then I hear about cases they're winning and settling (even for life sentences). As I said, we've started an analysis, but you sound knowledgeable on this issues, so any specific references you can offer would be great. Rhetorical statements aren't helpful because they are so often wrong.

Author
DonnaLadd
Date
2006-11-27T17:33:35-06:00
ID
124645
Comment

And Shaun this is why voir dire is so important. You have to strike blows from the outset in this case. Believe me, Mr. Washington, Danks, et al, knows how important it is to win with a jury of thier pleasing or alternatively to deselect as many as possible for bias or other reasons of cause. The most talented lawyers at voir dire will likely win this case. However, if I were the defense lawyer on the case I would consider favoring Kidd instead of Delaugher unless I knew Delaughter would be very open and lenient on voir dire. Judge Kidd might be less tainted by years of personal experience on voir dire than Delaughter.

Author
Ray Carter
Date
2006-11-27T17:35:36-06:00
ID
124646
Comment

Yeah Shaun where is the proof that they can't get convictions?

Author
Ray Carter
Date
2006-11-27T17:40:33-06:00
ID
124647
Comment

Shaun in what state are you a trial lawyer?

Author
Ray Carter
Date
2006-11-27T17:42:05-06:00
ID
124648
Comment

I think Judge Green is trying to avoid all the negativity that will surely come with this next episode of THE DAYS OF FRANK's LIFE. Which I personally think is the most intelligent thing Green could have done. SHe is very intelligent and well informed. I think she's dodging a bullet. As I stated in that other thread, they were asking that she be removed at one point and now, she is making the request. I think something's up. And I am skeptical that Frank Melton will see ANY jail time at all. I think that the "powers that be" only want him to step down. If he does that, he won't do any time AT ALL. If he doesn't, well, whoever said we are in for a long road with this....they're right. I really and truly believe Frank will WIN ultimately. Obviously he has the right people in his pocket...ooops, I mean corner.

Author
Queen601
Date
2006-11-27T17:42:15-06:00
ID
124649
Comment

Yeah that is true Donna and alot of what I hear is passed on second hand from people I know that work at the courthouse, so it may not be entirely accurate. I believe that there is a list of those statistics and I will just have to ask around about it. In doing alot of criminal defense work over the last year I have personally sat in on several trials which they lost or gave a ridiculously sweetened plea deal. I have also dealt with several DAs office across the entire state and it is my opinon, as well as most of the other lawyers I speak too, that this county's DA's office is the toughest to deal with in terms of getting anything done (and I understand that they are the most overloaded) but it has gotten so bad that alot of lawyers I know refuse to take hinds county criminal case, its just not worth the trouble.

Author
snowjob
Date
2006-11-27T17:43:13-06:00
ID
124650
Comment

Shaun, what state is that law license from?

Author
Ray Carter
Date
2006-11-27T18:26:02-06:00
ID
124651
Comment

Mississippi, Ray. And yes I am familar with the criminal defense system in Hinds County cause I worked for a crazy lawyer (Bill Vick) and was thrown into trying cases just days after I got my liscense, if that makes you happy, Mississippi again.

Author
snowjob
Date
2006-11-27T18:53:07-06:00
ID
124652
Comment

Shaun: I'm curious...did Bill Vick leave Jackson or is he still in that office on State Street?

Author
Todd Stauffer
Date
2006-11-27T20:43:23-06:00
ID
124653
Comment

Todd: No he is no longer there (didn't pay the rent) and is not practicing law anymore as of past June due to heatlh problems (mental I think).

Author
snowjob
Date
2006-11-27T22:46:10-06:00
ID
124654
Comment

"Shaun, what state is that law license from?" Ray, this is just a hunch, but I'd be willing to bet that Shaun has tried more cases to a jury in the last year than you have.

Author
Curt Crowley
Date
2006-11-28T08:59:39-06:00
ID
124655
Comment

As of this morning Judge Green is not releasing details of the "inappropriate contact" that was made to her and her family, but as the C-L points out this morning, Sheriff Mac was not contacted to investigate the claims, and just a couple of months ago Peterson requested the use of an unmarked car in response to "veiled threats" against her from unnamed sources. If Judges Yerger, DeLaughter or Hilburn are appointed, I wonder if Mayor Scarface's goons will issue similar threats against them?

Author
Jeff Lucas
Date
2006-11-28T09:09:33-06:00
ID
124656
Comment

What up, Curt? You don't think capital lawyers try any cases? I hope Shaun is trying a lot of them. Doing it is the only way to learn to be good at it. Shaun, I know all about being thrown in the fire. You have my greatest sympathy. Most of the good ones have a similar history. There is something about that fire that causes one to grow fast or die. I have my unstated reason for asking the question I asked. Curt, do you want to put some money on the hunch? How much? Let's us 3 pull out the records and find out. Cheers. All the best Shaun. Keep up the good work. I was wondering what happened to Bill.

Author
Ray Carter
Date
2006-11-28T09:55:39-06:00
ID
124657
Comment

All these "hunches" about the criminal-justice system aren't particularly useful, even if they do get repeated ad nauseum. ;-) Unfortunately, capital lawyers have to try way too *many* cases in this state. We all know that. As for threats against the judge, I suppose that just might be a federal issue, right? I think we know a whole lot less than what there is to to know at this point. Just hunches. The plot is very dense in the realities voters chose for us last year.

Author
DonnaLadd
Date
2006-11-28T10:17:18-06:00
ID
124658
Comment

The Ledger story today certainly didn't offer much new, and what is there about Robert Smith's latest motion is extremely slanted toward the defense. Funny they don't talk about the problems with his motion (as Brian does above), or the motions that came before that motion, leading to it (especially the part where the prosecution accuses the defense of sending motions straight to The Clarion-Ledger): Most recently, the attorney representing Wright and Recio renewed his call for Peterson to be removed from the case. In a motion filed Nov. 22, attorney Robert S. Smith accused Peterson of multiple violations of the gag order. The motion cites public comments made by Peterson, Mississippi Attorney General Jim Hood and other prosecutors as "egregious, prosecutorial misconduct" and a violation of the order. Danks also has asked that Peterson be removed from the Melton case. Peterson has asked the court to impose sanctions on the defense team for alleged violations of the gag order. I keep thinking they're going to pleasantly surprise me, but the Ledger's coverage of the city beat is abysmal, and has been for years. That's a bit part of the reason we're wound up in all this mess now. And it just continues on, and on.

Author
DonnaLadd
Date
2006-11-28T10:42:33-06:00
ID
124659
Comment

As I understand it, judge Green doesn't have to tell or give her exact reasons for recusal unless filing charges or testifying. So, I guess we may not ever know the person(s) who approached her. I may not have been anyone from Melton's camp although most of us think someone from there would likely do such thing. I certainly hope no one made threats against the judge. I have been in cases where threats were made against the judge and lawyers. I soon recognized all the security around the judge but no one told us about the threats until a while later, although I also reocnized the beefed up security around us too. About half way through the trial the mother of the victim came rushing toward me and the defendant with her hands in her purse. A nameless person hollered to the cops "come get this crazy women." I hope she wasn't really planning to shoot anybody.

Author
Ray Carter
Date
2006-11-28T10:44:14-06:00
ID
124660
Comment

Ray, you remeber Bill? Ok I guess you definitely understand where I am coming from then. I just thought that you were questioning whether I try cases by that statement earlier, thats cool. And yes being thrown into the fire is an experience that while I would never want to go through again, it certainly is an invaluable experience.

Author
snowjob
Date
2006-11-28T10:49:30-06:00
ID
124661
Comment

I don't think that anyone in Mayor Scarface's inner circle or legal team would be involved in making threats since they know the legal problems that would result if it ever become public, but some of the Mayor's groupies in the community might not be above doing such things.

Author
Jeff Lucas
Date
2006-11-28T10:53:33-06:00
ID
124662
Comment

I may not have been anyone from Melton's camp although most of us think someone from there would likely do such thing. Well, Mr. Melton didn't exactly give a different impression by setting a felon up at a press conference to make accusations about her sex life. He's solely responsible for the public's perception about him.

Author
DonnaLadd
Date
2006-11-28T10:55:23-06:00
ID
124663
Comment

Donna, you know I know Frank is crazy as hell. I don't put much past him, but he's running a little scared these days. Judge Green also knows well many of the people on the prosecution team too. An accident could happen from that side as well.

Author
Ray Carter
Date
2006-11-28T11:25:14-06:00
ID
124664
Comment

Agreed, Ray. I had pointed that out already. We don't know how big or small this is in the scheme of things. It is sad, though, that Mr. Melton has established a presence for himself where so many people, even supporters, can easily assume the worst.

Author
DonnaLadd
Date
2006-11-28T11:43:09-06:00
ID
124665
Comment

BTW, did anyone hear Judge Delaughter on the Charles Evers' show recently? Is it true that he went on there with former D.A. Ed Peters?

Author
DonnaLadd
Date
2006-11-28T11:43:46-06:00
ID
124666
Comment

We're getting reports that Ed Peters campaigned for Delaughter. Peters also has helped with Melton's defense; Dale Danks even told The Clarion-Ledger that they had asked Peters to be part of Melton's defense team. If all that is true, why do I have the feeling that Delaughter will not be appointed the judge on Melton's case. I don't see how he could be.

Author
DonnaLadd
Date
2006-11-28T11:55:38-06:00
ID
124667
Comment

Donna, I do think that Ed Peters and DeLaughter are friends and I know DeLaughter worked for him as an ADA cause they tried the Beckwith case together. I also heard that Peters was asked to help with Melton's defense a few month ago.

Author
snowjob
Date
2006-11-28T11:58:51-06:00
ID
124668
Comment

don't have time to post. just wanted to say good morning everyone.

Author
Kingfish
Date
2006-11-28T12:11:27-06:00
ID
124669
Comment

Right, Shaun, and I mentioned already that Delaughter was apparently an ADA under Peters who worked on the Youth Detention Center allegations in the 1990s when Frank Bluntson made a deal with the D.A. not to be prosecuted—and then resigned and went to work for D.A. Peters. And it's been reported that Peters has been involved with Melton's recent defense and plea efforts. Thus, if Peters was campaigning for Delaughter during this same time recently, it certainly doesn't seem to make sense to assign the case to Delaughter, for public perception reasons if nothing else.

Author
DonnaLadd
Date
2006-11-28T12:17:45-06:00
ID
124670
Comment

Yeah possibly so, but I also do believe that DeLaughter is the type of Judge that any connection to Melton through Peters would not affect his ability to be impartial. Also he seems to be the most knowledgeable Judge in Hinds County when it comes to criminal law. I watched some of the Woodstreet trial (the one with vidal sullivan not Batman) and he didn't have problem granting a directed verdict to both Louis Coleman and Bill Labarre's clients and we all know that Melton was very closely associated with that trial and the trial of Batman.

Author
snowjob
Date
2006-11-28T13:09:23-06:00
ID
124671
Comment

After seeing this on the news yesterday, I am tempted to stop watching the local news for a few months. I am really sick of all of this drama, and hearing the details every day may take its toll. Hmmm, sounds like a new blog entry!

Author
LatashaWillis
Date
2006-11-28T13:19:49-06:00
ID
124672
Comment

I'm not saying he would allow his personal friendships and campaign support to affect his ability to do the job well, Shaun. However, as you know, it is often the possible appearance of a conflict that leads to recusal. And if he has been that close to D.A. Peters, who is very close to Melton and Bluntson, I'd be very surprised if he took this case.

Author
DonnaLadd
Date
2006-11-28T13:33:42-06:00
ID
124673
Comment

Also, in the Batman, Vidal, et al. case, it is hard to imagine what else Delaughter could have done, right? What a mess.

Author
DonnaLadd
Date
2006-11-28T13:35:12-06:00
ID
124674
Comment

Well thats true I mean I was watching when ADA Dewey Arthur even had to conceed a directed verdict on the other two defendant's and accept DeLaughter's intsruction to the jury that heightened the reasonable doubt standard to "beyond a reasonable hypothesis of innocence." I will take up for the Hinds County DAs office by saying that they really got shafted by Melton in those cases.

Author
snowjob
Date
2006-11-28T13:45:48-06:00
ID
124675
Comment

Well, if we can agree on one thing, I suspect, it is that the effectiveness of the D.A.'s office should not in any way be judged based on the outcome of cases that Melton had any involvement with. I repeat: What a mess.

Author
DonnaLadd
Date
2006-11-28T13:54:54-06:00
ID
124676
Comment

Certainly not that was not their fault at all and I would have to give Faye Peterson credit for handling the cases so well. Yet, she took one hell of a bashing from the local press concerning her fall out with Melton, which was simply undeserved. It seems to me that Melton has simply been ineffective in all areas in terms of advancing this city and his buddy Frank Blunston is no better. I have a law school friend of mine who was working over at the city prosecutors office recently and he told me that everyone quit when Frank Blunston requested that Melton give his daughter-in-law, Barbara Blunston, the job as head city prosecutor. Apparently that department is run more ineffectively than ever before.

Author
snowjob
Date
2006-11-28T14:26:19-06:00
ID
124677
Comment

Yet, she took one hell of a bashing from the local press concerning her fall out with Melton, which was simply undeserved. You're right. What was she supposed to do? He was bashing her every day in the press (and in multiple phone calls to journalists and editors; ahem) because she could not put Christopher Walker on the stand. His evidence was badly tainted, and he was determined to blame her publicly and by any means necessary. She kept trying to keep her head up, even after he put Walker up there to trash her for the cameras. I don't know why every editor and TV exec didn't lambaste him in the media for such a stunt. But most of them are his buddies, it seems. Mr. Melton manufactured that "fall-out" between him and Peterson, and he has been using it ever since to discredit her office—probably because he knows that she is not beholden to him in any way and has the cajones (so to speak) to do exactly what she has done: her job. (Contrast that with Ed Peters' handling of the Youth Detention Center crap of the 1990s.) That's what I talk about in my editor's note this week. It's really too bad that most local media folks are too naive to recognize the ploy, and that Melton's more dense toadies just play along with their perpetual whines about Peterson. They are so incredibly naive that it's painful to observe. The funny thing is: Mr. Melton has done this kind of targeted attack for years, presumably for political purposes. Go back and watch, or read, his old Bottom Lines to see what I mean. It's the worst kind of demaguogery, really, being that it clearly has hurt the city so much, divided people who should have common goals, and alienated good people along the way. And the local media have played right along with him. But, at last, the chickens seem to be coming home to roost.

Author
DonnaLadd
Date
2006-11-28T14:37:27-06:00
ID
124678
Comment

As for Bluntson, ask yourself this. Why wasn't there *one* media outlet in the city (other than the JFP and Kim Wade) that was willing to even say out loud during the campaign that Bluntson had made a deal with Peters in the Detention Center scandal not to be prosecuted ... and promptly went to work for him. This is fact. This is throughout the media archives. Hell, some of the folks running media coverage today -- like Grace Simmons at the Ledge -- *wrote* some of those stories then. Did the public really not have the right simply to know the facts in order to judge for themselves? Or, is it the job of local media to provide a memory hole for preferred public officials? Why the cover-up?

Author
DonnaLadd
Date
2006-11-28T14:40:10-06:00
ID
124679
Comment

(Of course, one could also ask why The Clarion-Ledger covered up Melton's Meridian lawsuit, and their role in it, during his campaign—and whether we'd be facing all this ugliness today had they done their frackin' jobs.)

Author
DonnaLadd
Date
2006-11-28T14:42:22-06:00
ID
124680
Comment

More on Blunston, his daughter-in-law was offered a job at the AGs office but Blunston and the Mayor apparently got the city council to approve a raise for her to get her to stay, yet she had not been there even a year yet. Its really an abuse of power.

Author
snowjob
Date
2006-11-28T14:52:58-06:00
ID
124681
Comment

We're getting reports that Ed Peters campaigned for Delaughter. Peters also has helped with Melton's defense; Dale Danks even told The Clarion-Ledger that they had asked Peters to be part of Melton's defense team. ladd Actually, Melton's legal team has rounded up more than these guys. Word is that some of the other DA's that worked with Peter's/Hinds Co. are lending a helping hand. Don't know the names. They are gathering a rather odd bunch because they come across as some kind of bitter cronies who would rather fight the wrong fight instead of actually helping Jackson move forward through their wisdom and influence. Will it take more muggings and killings for these men to see that Melton is not part of the solution no matter how much "crime fighting" he has in his heart? It is really a shame that they are hanging on to an ideal that is not being met by a very bad mayor/friend. Most of these guys helping claim to be the mayor's friend; but, they are not friend's to the City's future then! Also, it appears that these men that are coming to Melton's legal aid are old white men. I don't think you can truly count Washington as part of Melton's "local legal team." These are men who had faded away, just as a lot of the older people in MS need to do, who are now coming back in some kind of twisted passion play to "Return Jackson to Yesteryear." Wake up fella's its a new City!

Author
pikersam
Date
2006-11-28T15:00:56-06:00
ID
124682
Comment

Pike-loves the -jfp, great comments! What a beautiful summation of what is going on in this "Save Melton" at the expense of "Selling the City" down the drain.

Author
justjess
Date
2006-11-28T15:17:55-06:00
ID
124683
Comment

Our predictions are coming true. The Ledge is reporting that Yerger is asking Supreme Court Justice Jim Smith to appoint a special judge. I suppose that could end up helping or hurting Melton, but it does seem like the best thing to do under the circumstances. Try to get someone in here without allegiances or connections to any of the parties. Good move.

Author
DonnaLadd
Date
2006-11-28T16:38:53-06:00
ID
124684
Comment

And now to our legal analysts ... what do y'all think, Ray and Shaun et al.?

Author
DonnaLadd
Date
2006-11-28T16:40:15-06:00
ID
124685
Comment

Well they just appointed Joe Webster, a former Coahoma County Circuit Judge

Author
snowjob
Date
2006-11-28T16:45:31-06:00
ID
124686
Comment

What, not one from Jefferson Davis County? ;-) Seriously, what do y'all know about him?

Author
DonnaLadd
Date
2006-11-28T16:53:00-06:00
ID
124687
Comment

First of all, I bet Delaughter and Kidd weren't fighting to be assigned to the case. This could be good. If judge Grren has a real defect it might be her courage. Courage can often get judges in trouble. You see more running and dodging from judges than courage especially on real hot cases as the spotlight will be upon you. My classmate from lawschool was the judge in Andrea Yates' case. She did a wonderful job although the case got reversed. Judges are suposed to be judicially independent which should make them fair or fairer. Hopefully, the new judge will be that way too. I believe judge Green was that way, but she had the burden of knowing too well too many of the people involved. A new judge who doesn't know any of them will be better for the case and themselves. I see no advantage or diadvantage at this point since I don't know who the new judge will be.

Author
Ray Carter
Date
2006-11-28T16:55:09-06:00
ID
124688
Comment

I have never heard of Joe Webster. I haven't had a case in that county since 1994. I'll ask Johnnie Walls about him as that's Jonnie's hometown and an area he gets lots of cases.

Author
Ray Carter
Date
2006-11-28T16:59:49-06:00
ID
124689
Comment

Cool, Ray. Keep us posted. This whole turn of events must be throwing both sides for a bit of a loop. In the Ledge article today, Danks sounded a bit ruffled by it all.

Author
DonnaLadd
Date
2006-11-28T17:01:11-06:00
ID
124690
Comment

I know that Joe Webster is the brother of Charlie Webster who just won the circuit judge race against Ellis Pittman last week in Coahoma. I backed Ellis so my opinion on the Webster's would probably be biased lol.

Author
snowjob
Date
2006-11-28T17:33:08-06:00
ID
124691
Comment

I haven't succeeded in getting through yet to any of my friends in the Delta. However, does everyone see that Judge Green showed more courage than any of her male counterparts my taking on Melton's case. I bet Melton and his team were tracting and investigating her every step of the way once they learned they wouldn't be able to control and manipulate her.

Author
Ray Carter
Date
2006-11-28T17:59:47-06:00
ID
124692
Comment

They wouldn't do that, Ray.

Author
DonnaLadd
Date
2006-11-28T18:01:42-06:00
ID
124693
Comment

webster is not a bad choice to the extent he i s retired and from a part of the state that doesnt watch jackson tv.his name may have been drawn in a random fashion from the list of senior status judges.he is white but appeared to have good relations with the black community in coahoma county. either his brother or first cousin david was mayor of clarksdale.JFP may want to call beverly kraft to explain selection process and other cases webster has been appointed to hear.

Author
chimneyville
Date
2006-11-28T20:58:50-06:00
ID
124694
Comment

I just read judge Green's order and figured out this is more of a transfer of the case than any recusal. Consequently, I aver this transfer had nothing at all to do with anything Frank or his team knew or discovered or filed. Similarly, did any of you notice judge Green was assigned all of Frank's cases? Why weren't Yerger and Delaughter assigned some in the first place. Kidd recused meaning someone tried to assign some to him. Isn't it quite interesting that neither of the white judges had any of the biggest cases on the docket. Big only because they involved chief crazy horse (not disrespect to my indian brothers and sisters here). I bet both were running for elections and were scared to get involved. No guts. I bet you want hear Yerger's fan talking about that. Judge Green was likely mistreated in this regard from the beginning. You want hear the supremes or anyone else giving her any credit for having the gallantry to take on that task. What you hear instead are only the so-called errors she make. I wonder if a double standard is in place because she's a black woman?

Author
Ray Carter
Date
2006-11-30T11:15:30-06:00
ID
124695
Comment

I think it's clear that it was because they were running for re-election. And you can take that double standard to the bank.

Author
DonnaLadd
Date
2006-11-30T11:22:49-06:00
ID
124696
Comment

And even after two of our judges were re-elected they still didn't have the bravery to take on Frank's cases. What does this say? There wasn't any recusal by them. Only some story about the docket. In Delaughter defense he has worked very hard. Could they not work the cases onto the schedule?

Author
Ray Carter
Date
2006-11-30T11:23:06-06:00
ID
124697
Comment

On WAPT last night, they discussed "Broken Justice" and how Delaughter had tried 54 cases, Yerger 20(something), and the other two less than 20 a piece (I could be wrong though...) These were criminal cases. The report also stated that there were approximately 16 weeks of open space to schedule trials... I am surprised however, that the media is JUST now reporting this! Where were they before the election? And yeah, I think there is a massive double standard...

Author
LawClerk
Date
2006-11-30T12:22:12-06:00
ID
124698
Comment

One other thing and I will quit. There was never any mention of the number of cases settled I don't think. Pleading is getting rid of cases, too. A fairer story, I think, would have included those cases, too. I do, if at all possible, want to see the backlog caught up even if the judges have to work harder. The public needs and deserves it. Sorry for all my errors. When I'm pissed off I throw grammar out the window. Wonderful comment, LawClerk.

Author
Ray Carter
Date
2006-11-30T12:48:16-06:00
ID
124699
Comment

Also, why weren't they looking at the whole picture about two years ago? Then it was just about the D.A. and the police chief. Now, after the elections, they're looking at the judges. Folks, I really wish we could all clone ourselves here. We just can't get to it all in a timely fashion. I'm sorry. And I agree, Ray: People don't understand pleading at all.

Author
DonnaLadd
Date
2006-11-30T14:07:36-06:00

Comments

Use the comment form below to begin a discussion about this content.

Sign in to comment