Ellington

Lawyers for the U.S. Department of Justice are having no part of Mayor Frank Melton's attempt to defend his attack on a Ridgeway Street duplex by claiming that the building itself had a history of drug sales. It seems that the law still requires a warrant. There was no lawful basis for the destruction of the home at 1305 Ridgeway Street; a point which is essentially conceded by Melton in his public statements and in his public failure to make even a token effort to rebut the arguments in the government's Motion," the prosecution wrote in an Oct. 20, 2008, motion in U.S. District Court.

"Instead, Melton recites a litany of urban problems associated with the Virden Addition neighborhood generally, and 1305 Ridgeway, specifically, to shift attention away from his whiskey-soaked, arbitrary exercise of power and violence.

In so stating, the U.S. government proved it has no patience for the "no-evil-intent-because-it-was-a-bad-ole-drug house" argument employed by local attorneys in Melton's 2007 state trial for allegedly leading a band of police officers and teenage boys to destroy one side of the duplex with sledgehammers and a big stick.

The argument that Melton was intoxicated the night of the double attack on Ridgeway—they left and came back to finish, witnesses say—is likely to be a centerpiece of the federal government's conspiracy trial against Melton and bodyguard Michael Recio, slated to start the week of Nov. 10 in downtown Jackson.

The charge that Melton would drink and "raid" on the Mobile Command Center is not a new accusation: Later that same night, Melton and his entourage dropped in on the Upper Level Nightclub, where his young friends allegedly jumped off the bus and attacked manager Tonari Moore.

When an ambulance arrived to take Moore to Central Mississippi Medical Center, Melton hopped on board with him for his second visit that night to a medical institution.

Paramedic Derrick Malone claimed in testimony in Melton's 2007 case that he "smelled the aroma of alcohol" in the ambulance and observed that "... Melton's speech was slurred." Malone goes on to describe how Melton put on a stethoscope, placed the chest piece against Moore and joked, "Nope, he doesn't have a heart."

Testimony from CMMC nurse Josh Foster alleged that Melton continued to badger Moore at the hospital, even as physicians tended to his injuries. Foster eventually called his supervisor to get rid of Melton. The mayor retreated to the nurse's station and taunted CMMC employees, warning, "I am the Mayor of Jackson, and by tomorrow I will own this hospital."

Moore himself confirmed to the Jackson Free Press in April 2007 that Melton certainly seemed intoxicated that night. "Oh yeah, every body knows he was drunk. (The smell) was all in there with us," he said.

Melton told The Clarion-Ledger then that he "had not been drinking on the night in question," saying he is on a "combination of heart medications that prevents him from drinking alcoholic beverages." Melton went on to speculate that the "only reason someone could have smelled alcohol on him was because earlier in the evening he attended a sporting event and threw out some beer bottles as he was leaving."

He added: "I didn't get a stethoscope and check his chest and say he didn't have a heart. That's absolutely incorrect. ... Where the hell would I get a stethoscope from?"

Judge Joe Webster rejected Hinds County prosecutors' attempt to include that evidence. At the time, then-Melton attorney Dale Danks Jr. told The Clarion-Ledger: "Common sense would tell me that if anyone had alcohol on his breath it would be more probable that the manager of a bar commonly known as the Upper Level would be a better candidate to have alcohol on his breath than Mayor Melton."

But in recent weeks, the turncoat testimony of Melton bodyguard Marcus Wright, who assisted that night on Ridgeway Street and at the Upper Level, and on many other ride-alongs, including two that the Jackson Free Press joined in spring 2006, contradicts Danks' "common-sense" argument.

Not only was Wright there for the non-warranted destruction, in which he saw Melton take part, he was used to Melton routinely drinking on these night raids, he told the feds. "Wright's confession supported earlier reports that Melton was drunk the night of the demolition, saying that he had been drinking his "regular alcoholic drink of Scotch mixed with water, which he carried in a 16-ounce water bottle."

"Melton routinely drank alcohol out of this water bottle while he was conducting his law enforcement activities," prosecutors stated in court on Oct. 7, relying on Wright's statement."

That revelation, if true, matches the suspicion of Jackson Free Press journalists who joined Melton the evening of April 2, 2006, first at his home for dinner and then for a multi-hour ride-along that included taking a young man in a manhunt for the murderers of his twin; random searches-and-seizures of cars in lines of traffic; several unwarranted and unscheduled late-night visits to people's homes; a walk-through of The Birdland on Farish Street; a visit to a dying young man at University Medical Center; and a midnight raid of a home where Melton suspected marijuana dealers lived. Throughout the evening, Melton clearly reeked of some sort of whiskey and appeared inebriated.

Early in the evening, Melton talked to me in his large bedroom as he tried unsuccessfully several times to buckle on his shoulder holster. Late in the evening, he wanted to go to Pops Around the Corner because the band plays Willie Nelson's "On the Road Again" for him when he asks them to. When we got there, the band had packed up, but Melton convinced two of them to do a quick duet of his "favorite song," as he stood on the dance floor and sang along: "Like a band of gypsies we go down the highway."

Throughout that evening, then-Police Chief Shirlene Anderson was present, first at dinner (where she washed dishes afterward) and much of the evening on the Mobile Command Center, often looking disapproving. At one point, I heard Melton say to a club manager that they could not have a cocktail that night because Shirlene was with them. They all laughed.

On the second ride-along the following Sunday—the night that Melton pounded on the door of Albert "Batman" Donelson's mother's house—there was no indi-cation that he had con-sumed any alcohol.

Before his state trial, after Melton suddenly had to return to Texas for heart surgery, attorney Danks submitted Melton's medical records as part of a motion attempting to verify that Melton had double-bypass surgery in Texas in January. Those records, which were signed by Dr. William Turner, who was Melton's surgeon, list Melton's "ongoing tobacco abuse" and "history of alcohol abuse in the past."

In the present, the federal government is rejecting the excuses Melton used last year for his activities the night of Aug. 26, 2006.

"Melton's sole argument in favor of admitting the 'drug evidence' amounts to nothing more than a plea for forgiveness ... ," the government writes. "For purposes of defining a violation of the statutes, it matters not whether Melton destroyed the house because he was motivated by a personal vendetta or by righteous indignation."

Or even if he had been nipping a bit of Scotch.

Both sides are under gag order in this case and cannot comment to media. Additional reporting by Brian Johnson, Adam Lynch and Ward Schaefer. See Melton blog for full archive.

Previous Comments

ID

139969

Comment

Unless I'm mistaken, it doesn't appear the judge has finally ruled, and therefore foreclosed on Frank's attempt to use the history of the abode toward his defense. I agree a warrant was necessary under the fact stated or known and expect Frank to lose on that if he hasn't already. Frank can handle the feds, no doubt, it's merely the judge he still has to figure out how to neutralize or render harmless to his expected victory. If the judge rejects Franks effort to use the lack of evil intent and the history of the house as a defense or explanation in light of the circumstances, Frank will just have to come up with other defenses. For instance, he could argue the combination of pressures from his heart condition and unusual crime fighting style overwhelmed him temporarily or that Recio or Wright were in charge and he had little or nothing to do with the mess. If Wright is so innocent, why did he girly-boy up and take a deal. If Recio is so clean, unblemished or innocent, why does he want his own lawyer. Frank provided lawyers before and was willing to do it again had the boys agreed to stay on ship. It's arguable, Frank was an innocent mayor and that Recio and Wright shirted the law and rules to make a name for themesleves while on Frank's watch. Once the oil, medicine and pressure from crime fighting rendered Frank unable to control or know what Recio and Wright were doing or up to, Recio and Wright told the boys to tear down the house. The night was frantic, everthing was happeneing fast, and some people thought they saw Frank participating inappropriately. Frank's team of lawyers hailing from every coast, and Canada and Mexico, are working valiantly toward freeing the mayor so he can get on with the business of running this city. Surely no one will agree with me here and I have no problem at all with this sophistry being deleted.

Author

Walt

Date

2008-10-29T13:23:35-06:00

ID

139970

Comment

I have never sledge-hammered a home while intoxicated, but Frank Melton may need to be just Frank M and call his local 12 step office. The victor in this battle is alcohol. Ann B

Author

annwell

Date

2008-10-29T13:36:57-06:00

ID

139971

Comment

The 12 steps program doesn't work for everyone. An uncle of mines with an habit of trying to bring joy to as many others as he can, briefly thought he was an alcoholic, and went to a meeting with AAA. He stood up and told them his name, serial number, rank, and then said he was an alcoholic. Everybody stood and started clapping. He said, "hell, it y'all that happy about it, I'll just stay an alcholic," and he left to never return for more treatment. He's still a drunk, of course, but he's blessed not to be an alcoholic who has to attend those meetings.

Author

Walt

Date

2008-10-29T13:59:13-06:00

ID

139976

Comment

Just for giggles... and no real relavance aside from affirming what everyone already knows in this case... Three or more of the following are required to be diagnosed with Antisocial Disorder, commonly called a Sociopath: Three or more of the following are required: -Failure to conform to social norms with respect to lawful behaviors as indicated by repeatedly performing acts that are grounds for arrest; -Deceitfulness, as indicated by repeatedly lying, use of aliases, or conning others for personal profit or pleasure; -Impulsivity or failure to plan ahead; -Irritability and aggressiveness, as indicated by repeated physical fights or assaults; Reckless disregard for safety of self or others; -Consistent irresponsibility, as indicated by repeated failure to sustain consistent work behavior or honor financial obligations; -Lack of remorse, as indicated by being indifferent to or rationalizing having hurt, mistreated, or stolen from another. Symtoms include: -Persistent lying or stealing -Recurring difficulties with the law -Tendency to violate the rights and boundaries of others -Substance abuse -Aggressive, often violent behavior; prone to getting involved in fights -A persistent agitated or depressed feeling (dysphoria) -Inability to tolerate boredom -Disregard for the safety of self or others -A childhood diagnosis of conduct disorders - this is not a symptom but "a history of" -Lack of remorse, related to hurting others -Superficial charm -Impulsiveness -A sense of extreme entitlement -Inability to make or keep friends -Recklessness, impulsivity -People with a diagnosis of antisocial personality disorder often experience difficulties with authority figures.

Author

Puck

Date

2008-10-29T15:06:31-06:00

ID

139980

Comment

Yes, Puck, and narcissistic personality disorder is in the same category. DSM Criteria A pervasive pattern of grandiosity (in fantasy or behavior), need for admiration, and lack of empathy, beginning by early adulthood and present in a variety of contexts, as indicated by five (or more) of the following: -has a grandiose sense of self-importance -is preoccupied with fantasies of unlimited success, power, brilliance, beauty, or ideal love -believes that he or she is "special" and unique -requires excessive admiration -has a sense of entitlement -is interpersonally exploitative -lacks empathy -is often envious of others or believes others are envious of him or her -shows arrogant, haughty behaviors or attitudes Double trouble?

Author

LatashaWillis

Date

2008-10-29T15:30:26-06:00

ID

139982

Comment

Frank is not narcissistic. "He ain't heavy, he's my brother."

Author

Walt

Date

2008-10-29T15:35:27-06:00

ID

139988

Comment

Melton's new defense should be that he thought he was on the show Extreme Home Makeovers.

Author

dd39203

Date

2008-10-29T15:53:25-06:00

ID

139989

Comment

John Reeves says thanks, dd39203. I'm actually jealous I didn't think of that first.

Author

Walt

Date

2008-10-29T15:56:00-06:00

ID

139991

Comment

Frank Melton believed he was Super Mayor and that he could use his position as Mayor to run over the rights of anyone that he felt was beneath his statue. Look at Wright's telling the truth about the incident on Ridgeway Street, first Melton states he was Wright friend and that Wright did nothing wrong. Now he states that Wright is a liar! Wright is no liar! Recio needs to also tell the truth about what happen and what Melton ordered them to do that night on Ridgeway Street. It's no way in hell I would be willing to protect someone else stupidty while my family is being faced with their father be incarcerated protectng Frank Melton. Melton is a liar, he has no honor! Frank Melton has sold out his friends and turned his back on them and he wants us to cover up his illegal activity? Idon't think so!! Melton needs serious professional medical help. It's no way that I would protect Melton while my family will suffer and I lose my freedom protecting a two-face liar such as Frank Melton!!!

Author

Hot Sauce

Date

2008-10-29T19:31:06-06:00

ID

140042

Comment

If I were mayor of the city of Jackson, I think that I would have to have plenty of alcohol on hand at all times. What is the problem if Frank's drunken rages have free demolition? Sounds like an episode of Extreme Home Makeover. Frank Melton should be applauded not condemned.

Author

hotboyms

Date

2008-10-30T18:50:33-06:00

ID

140044

Comment

That's absurd. That is, if you believe in the rule of law and the U.S. Constitution.

Author

DonnaLadd

Date

2008-10-30T20:41:05-06:00

ID

140047

Comment

LW, Puck, Narcissistic and Antisocial personality disorders are indeed similar (but NOT the same). There's also Borderline and Histronic Personality Disorders -- which the DSM-IV labels as "Cluster B" disorders (basically wild and/or dramatic behaviorial disorders). BTW, I understand thrill-seeking behaviors are also a sign of the two disorders you listed (and I think, but not sure, of Cluster B disorders in general)

Author

Philip

Date

2008-10-30T21:24:19-06:00

ID

140051

Comment

Just to set the record straight, my comment about the "Extreme Home Makeover defense" was purely meant as comedy. I in no way condone, a mayor tearing down a residence or businesss without going through the proper channels. This is not Brewster's place. If we let anyone go willy nilly tearing down houses because they deem them unaccpetable, what's to stop your neighbor from tearing down your house because your yard decor goes against the neighborhood motif. Even if the house was deemed unlawful or illicit (which has yet to be proven in my opinion), there are still plenty of other options besides tearing the house down.

Author

dd39203

Date

2008-10-31T08:28:40-06:00

ID

140053

Comment

BTW. I think Exteme Home Makeover is the worst thing to be televised since The Jerry Springer Show. I'm forward enough to think that everyone deserves quality affordable housing --- not just those cursed with cancer, a dying child, a dead child, a crippled dog, and a hang nail.

Author

dd39203

Date

2008-10-31T08:54:43-06:00

ID

140054

Comment

You can badmouth Melton and Jackson but I won't allow any badmouthing of the Jerry Springer Show. It's the "goodest" show on television. Pro Wrastling and Maury are next.

Author

Walt

Date

2008-10-31T09:06:46-06:00

ID

140089

Comment

LOL. I wonder if this house had been sitting in the middle of Madison what its fate would have been? Oh wait.....zoning laws would probably have demolished it already so it would be a non issue. But in the end, would Mary Hawkins be judged the same as Frank Melton? Although the means would probably be different, I am sure that the results would be the same and we would be applauding her for a job well done. We all know that there are no drug houses in Madison. Catch the sarcasm.

Author

hotboyms

Date

2008-10-31T21:48:43-06:00

ID

140164

Comment

Let's look at the facts Melton decided to select this house in a African American neighborhood to be destroyed are you telling me that there is no drug use in his Northeast neighborhood? The resident has mental problems and a very low IQ was it right to single him out and accuse him of selling illegal sustance out of this residence? This tenant was beig abused by individuals in his neighborhood that took advantage of him because of his special circumstances. This is wrong just as it was wrong for Melton to become the judge and jury of this individual. Now he wants us to say it is all right for him to commit these acts against a citizen of Jackson? Then why didn't he destroyed other citizens houses that he heard was a drug house? Melton lied and continue to lie when all it took in thebeginning was to tell the truth and pay for the damages with a sincere apology and he would not be dealing with this issue now! By the way the rumor's stated that drug was being sold out of his house, maybe he still have time to get sledge hammers and bust up his home as he did that tentant that would clearly show the citizens that he destroy any place that sale drugs to our children!!!!

Author

Hot Sauce

Date

2008-11-03T19:33:35-06:00

ID

140174

Comment

As much as I loathe Mary Hawkins Butler, I don't think she would even stoop that low. To answer Hot Sauce's questions (or at least a few of them), Melton is like a schoolyard bully: he won't pick on those who have the ability to stand up to him. Instead, he chooses to fight his battles against those who can't. Yes, there are a whole lotta drug houses in this city. Why was the Ridgeway House so special? And yes, there is drug activity in NE Jackson. I remember one house there several years ago that was raided because it turned out that it was the setting for a crystal meth lab. I believe this was before Melton came into office. No way would he have torn that house down. The northeast Jackson establishment wouldn't have allow that. The establishment doesn't care what happens to other people as long as it doesn't happen to them. It was wrong what Melton did, but it's even more horrible that the people of Jackson think that this was the right thing to do. It could be the right thing if Melton went about the right way of doing it. But are people so afraid of crime that they're willing to try anything, rights be damned? I'm not.

Author

golden eagle

Date

2008-11-04T10:32:32-06:00