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It's Official: Mistrial in Melton and Recio Trial

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Jackson Mayor Frank Melton challenged the decision to draw his next jury from areas with higher white populations than Hinds County.

- New trial info: JFP Twitter feed @jxnfreepress
- Kenya Hudson's Melton-Recio trial photos here.
- Read JFP's original breaking story on Ridgeway destruction here
- Full coverage of Trial and JFP Melton Blog/Archive here

After five days of jury deliberations, the wait for a verdict is over in the federal trial of Jackson, Miss. Mayor Frank Melton and his former bodyguard, Michael Recio, which began Feb. 9.

Just before 11:00 a.m., Judge Dan Jordan called the jury into the courtroom and told the crowd that the jury was deadlocked. Jordan asked the jury foreman whether the jury was able to reach a unanimous verdict on any of the three charges and whether further deliberation would help them reach a verdict.

"No, your honor," the foreman replied to both questions.

Jordan then called attorneys to a bench conference, while the defendants talked in hushed tones. Jordan then announced that he was granting a motion for a mistrial. At that, Melton supporter Robin Henderson exhaled loudly and smacked his knee with his newspaper.

The judge then instructed the jury that they were not permitted to talk with any attorneys or parties in the case. He said they were not required to speak to the media. Jordan then thanked the jury for their service.

"You've given up almost a month of your lives for your civic duty," he said. "I sincerely appreciate your willingness to do that."

Jordan dismissed the jury and turned his attention to scheduling a retrial. He acknowledged that the substantial amount of media attention will make it difficult to find a second unbiased jury pool. To that effect, Jordan said the gag order is still in place for all parties. He also addressed Melton's and Recio's conditions for release, reminding the defendants that they were still on bond and asking the attorneys to explain those conditions again to their clients.

Prosecutor Mark Blumberg told Jordan that the attorneys will have a conference call on Monday, March 2, to schedule a new trial.

Yesterday, Jordan heard motions in chambers that he did not disclose to the public, out of concerns that it might taint the jury pool. After declaring the mistrial, he explained that he heard two motions Monday morning about allegations that one juror was not following his instructions. Prosecutors moved to excuse one juror, and defense attorneys moved for a mistrial. The judge said that he denied both motions but did not explain his decision.

Jordan then adjourned the court.

As the defense team walked out, Henderson exclaimed: "We got a new life. Thank you, Jesus."

Melton and Recio are charged with intentionally violating Fourth Amendment rights in conjunction with a 2006 raid on a Ridgeway Street duplex. Prosecutors allege that the defendants supervised the house's destruction.

Previous Comments

ID
143940
Comment

Twitter's a-buzzing! I wonder if something is finally about to happen...

Author
golden eagle
Date
2009-02-24T10:26:12-06:00
ID
143945
Comment

MISTRIAL. No surprise there.

Author
Jeff Lucas
Date
2009-02-24T10:52:23-06:00
ID
143946
Comment

Once the jurors start narcing on each other, they aren't going to agree on anything.

Author
Jennifer2
Date
2009-02-24T10:54:47-06:00
ID
143949
Comment

AAAAAAAAAAAAAH! AAAAAAAAAAAAAH! Okay, now that I've had my fit, I admit that I'm not surprised either, especially the way this thing has been dragged out.

Author
LatashaWillis
Date
2009-02-24T10:58:35-06:00
ID
143950
Comment

Watching WAPT, and Melton got into car without comment. They're interviewing Reeves now.

Author
LatashaWillis
Date
2009-02-24T11:01:13-06:00
ID
143953
Comment

Reeves basically made small talk. Couldn't say much due to gag order.

Author
LatashaWillis
Date
2009-02-24T11:06:29-06:00
ID
143954
Comment

Did anyone read this tweet? As Melton's car backed out, Melton rolled down window and said, "Hey Donna" and rolled it back up. This whole thing is reminiscent of Carmen Sandiego.

Author
LatashaWillis
Date
2009-02-24T11:08:53-06:00
ID
143955
Comment

As much as I would like to say "I can't believe this," I can. The law rules over emotion, or at least it should... back to the drawing board.

Author
chip
Date
2009-02-24T11:10:54-06:00
ID
143956
Comment

My understanding is that this means the jury could not reach a verdict on any of the counts, correct? If had found the defendants guilty on just civil rights violations but couldn't agree on conspiracy and weapons charges, the mistrial would have only applied to the counts on which they could not decide. Assuming this is correct, it is pretty amazing to me that they couldn't agree on anything. Was there one recalcitrant juror? I am extremely curious about what happened. Are the jurors free to talk now? Will they?

Author
Brian C Johnson
Date
2009-02-24T11:11:30-06:00
ID
143957
Comment

Melton will consider this as skating out of another problem. He'll screw up again before the next trial. That's my prediction. I'll be willing to bet that, by the end of the week, he'll be back on the streets with the police pretending to be the big, bad drug-dealer buster.

Author
Lady Havoc
Date
2009-02-24T11:12:16-06:00
ID
143958
Comment

This whole thing is reminiscent of Carmen Sandiego. Yes, except that we know exactly where Melton is.

Author
Brian C Johnson
Date
2009-02-24T11:12:51-06:00
ID
143960
Comment

Brian, that's what makes it scarier.

Author
LatashaWillis
Date
2009-02-24T11:15:30-06:00
ID
143962
Comment

wheres waldo-o yeah! frank paid him...wh00p!

Author
kcaven
Date
2009-02-24T11:19:22-06:00
ID
143964
Comment

Good grief, Kip. :P Having taken a moment to look back and think about this, I'd rather have a mistrial than a not guilty verdict and have the Constitution turned on its head. Hopefully they'll get it right the second time around. I really hope they sequester the next jury.

Author
LatashaWillis
Date
2009-02-24T11:24:13-06:00
ID
143967
Comment

If at first you don't succeed, try, try again. Right now, I just want Frank to go away, even if he doesn't go to jail.

Author
golden eagle
Date
2009-02-24T11:34:14-06:00
ID
143968
Comment

I respectfully disagree, baquan2000: I believe he's just that stupid. At this point, he believes he's invincible and can do no wrong. Once again, just my opinion. That and 25 cents used to buy a cup of coffee.

Author
Lady Havoc
Date
2009-02-24T11:36:38-06:00
ID
143970
Comment

I agree. But if he's not punished, then he'll stick around Jackson and give the next mayor PURE'D HELL, whoever that might be.

Author
lanier77
Date
2009-02-24T11:39:27-06:00
ID
143972
Comment

Will the Feds file charges regarding delivering subpoena to Welch and gifts to Michael Taylor's son? They should. Knowing Melton, failure to do so will give him carte blanche to contact whomever he pleases. Give him and inch and he takes a mile........

Author
Razor
Date
2009-02-24T11:47:32-06:00
ID
143973
Comment

I wonder how Jennifer Sutton is doing at this point. She has to testify again, and the first time took a toll on her.

Author
LatashaWillis
Date
2009-02-24T11:48:37-06:00
ID
143974
Comment

Baquan, I have found that most people who make comments like Tracy's don't even live in Jackson. Many of them live far away from here, so they have no idea what they're talking about. Just take a deep breath, and quit reading the C-L blogs!

Author
andi
Date
2009-02-24T11:49:12-06:00
ID
143977
Comment

Well, it sounded just like stuff you read over on the C-L. At any rate, don't let stuff like that get you down. You can tell by her statement "...coming there to shop..." that she doesn't live here.

Author
andi
Date
2009-02-24T11:58:47-06:00
ID
143978
Comment

I wonder which mayoral candidate will film a campaign ad in front of the Ridgeway duplex. I'll be shocked if no candidate did so.

Author
LatashaWillis
Date
2009-02-24T12:01:04-06:00
ID
143979
Comment

Melton did comment to me. As car was backing out, he rolled window down and said, "Hey Donna," and then rolled it back up.

Author
DonnaLadd
Date
2009-02-24T12:02:49-06:00
ID
143980
Comment

BTW, The Clarion-Ledger has a very misleading headline on top of its site right now: "Melton free after mistrial." Uh, Ledger, Melton is no more "free" than he was yesterday. He was not acquitted. He is under indictment and out on bond. That bond can be revoked if he misbehaves. He is the exact same status he was yesterday. That paper tires me out. Useless.

Author
DonnaLadd
Date
2009-02-24T12:04:38-06:00
ID
143982
Comment

Any supporter of frank melton can take personal responsibility for the criminal and civil violations he has committed. The reason that frank is so successful in his movement is because it is all about BLACK folks. All of the players are BLACK. The house was in a BLACK neighborhood. The tenanc, Evan Welch, is BLACK. The house is owned by Jennifer Sutton,a BLACK female. Until frank does something to hurt/harm someone or something in the White community, he will be as free as anyone can imagine. He does not believe in affirmative action or set asides. This trial should not have started on this note. frank was guilty of witness tampering. He got away with it! He didn't just do it once, he did it twice. The judge, the lawyers and all involved knew that he did this. What were they thinking? They didn't care. Days ago, when the jurors were complaining, the judge knew that this trial was a big JOKE and that BLACK folks will suffer the effects of this injustice. How do you explain to your kids and grand kids that here in MS a black, ignorant, uneducated, low-lifed, drug abusing, habitual liar, violated the civil rights of a mentally ill, vulnerable BLACK man and nothing was done? Only in Mississippi. Stupid Is: Stupid Does

Author
justjess
Date
2009-02-24T12:21:59-06:00
ID
143983
Comment

The tweets were fabulous! No more sitting around wondering what on earth is going on, waiting for someone to get an article up or the TV news to come on or, if you really like waiting, tomorrow's newspaper! Long-live JFP tweets!

Author
MBeloved
Date
2009-02-24T12:28:28-06:00
ID
143985
Comment

Excellent coverage on this as always...Donna and JFP team....Thanks.

Author
BKS
Date
2009-02-24T12:35:45-06:00
ID
143986
Comment

Thanks, BKS. Our pleasure. BTW, note that Clarion-Ledger just changed that faulty "free" headline to: "Melton judge declares mistrial." *shaking head in disbelief that a newspaper can be so bad*

Author
DonnaLadd
Date
2009-02-24T12:42:47-06:00
ID
143987
Comment

I'm so glad that this is an election year. Let's get it right this time. Better voter turnout, please!

Author
LatashaWillis
Date
2009-02-24T12:49:10-06:00
ID
143988
Comment

Ladd, The CL serves as teacher/mentor/informant to people with low understanding. This is politically contrived. In other words, they know what they are doing. This is the beginning of how they will help restore melton to the status of a folk hero: Black people (the 65% I speak of) will mobilize around fish, booze, beer and bull shi! and melton will ensure the election of someone who is owned and can be minipulated; just as he was.

Author
justjess
Date
2009-02-24T12:53:59-06:00
ID
143989
Comment

By the way, Thanks ladd for calling the CL out of this one. They just can't be that irresponsible and I don't believe that they are that stupid. A lot of this kind of stuff is just a part of the game.

Author
justjess
Date
2009-02-24T13:07:13-06:00
ID
143990
Comment

I'm guessin' the metro editor couldn't contain her glee and stuck that headline on there. But don't get me going down *that* road.

Author
DonnaLadd
Date
2009-02-24T13:17:08-06:00
ID
143991
Comment

Breaking News...Stock in Teflon just went through the roof!!!!!!

Author
Big Tee
Date
2009-02-24T13:33:06-06:00
ID
143993
Comment

It's truly a sad day in Jackson. This one single incident has set our progress back like nothing else could. It's a flat out embarassment to call this man Mayor and to reside in a city where a jury, could not find enough evidence to convict this man. After the first day, it was certain that a mistrial would be the result. I am ashamed. I am in a rage. It's just simply ridiculous!!!! OUTRAGEOUS.

Author
Queen601
Date
2009-02-24T14:13:54-06:00
ID
143995
Comment

I hope when the retrial is held Melton is charged with jury tampering. He is such a bad example for the young people of the area. Talk big about coming down on crime and you don't have to obey the law. People need to think about...what if someone said my house was a drug house....how would you feel seeing it destroyed? Equal justice under the law means follow the law to it's fullest to a greater end. We can't just take the law into our own hands! We need people to protect our rights. We don't need someone like Melton throwing our right the curb like it's tomorrows trash.

Author
moma kathy
Date
2009-02-24T14:34:44-06:00
ID
143996
Comment

When reading posts which proclaim, "I LOVE Frankie Melton. Best thing to ever happen to Jackson, MS. I swear!," it is unfortunate that it is impossible to see if the typist's tongue is lodged into their cheek.

Author
jbreland
Date
2009-02-24T14:59:56-06:00
ID
143997
Comment

Dr. Aaron Henry, Fannie Lou Hamer, Medger Evers, Malcolm X, Dr. Martin Luther King, Jr., Vernon Dahmer, and many others marched, risk their and their family lives, and died so African-Americans could exercise the rights guaranteed to us by the Constition. What would they say about so many African-Americans in Jackson, MS who have given up those same rights to an African-American male name Frank Melton because they believe he helping them and care for them. They don't realize he could not do those things in Eastover and North Jackson and still be mayor. And to those living outside the city please shut up because you don't live here and truly don't understand the problems made worst by Frank Melton. Crime have been increasing since he became mayor and the city service have gotten worst. So shut up!

Author
daw
Date
2009-02-24T15:30:50-06:00
ID
143999
Comment

JustJess, you read my mind. How much is Frank going to be able to manipulate this upcoming election.... he's very cunning and I know he has a hand-picked candidate up his sleeve...hmmmm

Author
lanier77
Date
2009-02-24T16:02:27-06:00
ID
144001
Comment

daw: We do understand. Don't you think those of us who live outside Jackson see what's happening to the city? Some of us do understand that we are essentially suburbs of Jackson, and as Jackson goes, so do we. Our continued survival depends in a large part to the survival of Jackson. So, please don't tell us to shut up. We don't live there, but we do see.

Author
Lady Havoc
Date
2009-02-24T16:27:11-06:00
ID
144003
Comment

Finally Frank can get back to fighting crime!

Author
kudzuking
Date
2009-02-24T16:45:40-06:00
ID
144004
Comment

Yes, he's done wonders with crime stats and especially drug busts since he's been in office!

Author
Izzy
Date
2009-02-24T16:48:18-06:00
ID
144005
Comment

and he can get back to his Scotch while fighting crime too!

Author
chip
Date
2009-02-24T16:57:24-06:00
ID
144006
Comment

Given that I think Melton will not make it past the primary (if he's even in office should another trial happen before then and he's convicted), I don't think it's a stretch to believe he'll recruit someone to run. I wonder if any of the lesser-known candidates are his pawns.

Author
golden eagle
Date
2009-02-24T17:00:37-06:00
ID
144008
Comment

Melton is not a factor in the upcoming election except for people to demand a CHANGE! The few and the vocal supporters he has will not make a difference. Let them pay his taxes before they make campaign contributions. BTW, you could have thrown every white vote from 2005 in the Pearl River and Melton would still have been elected.

Author
Razor
Date
2009-02-24T17:34:05-06:00
ID
144009
Comment

The fox continues to guard the hen house.

Author
blkjazz
Date
2009-02-24T18:03:08-06:00
ID
144010
Comment

I predict a much bigger turnout this year, especially if Melton runs. Many people will vote to vote against him. He won't dig losing. He really ought to take the deal should the feds offer to let him plead if he will step down and not run again. Don't know that they will, but the state did that in 2006, and he wouldn't take it. Would have saved him, and the city, a lot of grief. Stephanie Parker-Weaver was telling me today about all the good he's done for the city. I asked for specifics. I'll post the audio later. Apparently, he's responsible for downtown development. Who knew?

Author
DonnaLadd
Date
2009-02-24T18:07:46-06:00
ID
144011
Comment

Lady Havoc, I can't speak for daw, but when I said that about people living outside of Jackson, I only meant the ones that make comments like "Frank is the best thing that ever happened to Jackson" or the really atrocious one I heard a few minutes ago on WLBT - "I think Frank Melton should run for governor next, he would make a GREAT governor" - BWAHAHAHAHAHA I couldn't get to the remote fast enough after hearing that one. You and Iron live close enough to Jackson to really be affected and be part of this. Hell, I live in Flowood (for now - and I don't claim it very often) but I care way more about what happens in Jackson. I don't know how long daw has been part of this site, but I know that you and Iron understand. It just kills me that the majority of the Frankophiles that are calling in to the TV stations (there was not ONE opposing comment aired on WLBT tonight, by the way) are from people who live far outside the city. But I do know that there are also plenty of "outsiders" who get it, and I think Jackson needs and appreciates your support just as much.

Author
andi
Date
2009-02-24T18:21:36-06:00
ID
144012
Comment

Thanks, andi. My comments weren't directed toward you, and I know you understand. I just get tired of hearing "it's not your fight." It's our fight just as much as it is any Jacksonian. Besides: the food's better in Jackson. :D Don't ask why I posted that: but it just... IS. And I thought Johnson was responsible for downtown development. Who knew?

Author
Lady Havoc
Date
2009-02-24T18:25:05-06:00
ID
144013
Comment

I totally wish he'd resign in exchange for dropping the charges. He's just too much of a mess to run anything be it a household, small business, or a city. We need someone in office who will close these crack houses down legally. If absentee landlords end up having their property confiscated for allowing illegal activity on the property, they might become better landlords or get out of the business altogether. With this recession, Jackson just does not have time to waste in getting its act together.

Author
Jennifer2
Date
2009-02-24T18:26:37-06:00
ID
144014
Comment

His wife and children never showed up, by the way. I find that very sad. He may have burned through more than political capital. I don't believe his health can withstand a campaign. Why don't people like Parker-Weaver start looking out for him as a person if they care so damn much about him???

Author
DonnaLadd
Date
2009-02-24T18:37:08-06:00
ID
144015
Comment

Ladd, the problem is she doesn't care about anyone but herself. Melton has been a meal ticket for her and that's all. The first trial is over and it's a draw. Now it's back to the begining. As I have stated before I wish that they would drop the charges against Recio and Wright and if they are to retry Melton then so be it. We need to look at other co-conspirators that hold offices in this current adminitration and also hold elected positions like Frank Blunston, Charles Tillman and his current staff members Sarah O'Reilly Evans, Debra Whithead, Robert Walker and others. Ladd check your reporters e-mail e-mail and look at the documentation and expose other illegal violations of individuals Civil Rights. The trial is over and now it's my turn!!! Let's see who will win this round!!!!

Author
Tony Davis
Date
2009-02-24T19:01:02-06:00
ID
144016
Comment

Someone on Othor Cain's show on 97.7 the other day asked Melton supporters to name something he did that was great. I've been asking the same question myself for a long time. No one bothered to answer. I know many of us are disappointed by today's outcome, but let's keep in mind that while Melton wasn't declared guilty, he wasn't declare innocent either. There is still a chance that the feds will retry this case. There's an even greater chance he will be gone from office by July 4 (when the new mayor is sworn in). I know the last nearly 44 months have been excruciating; four more months won't kill us. We're 70 days away from the primary elections and Melton will not make it. Sooner than that if there's a retrial and he's convicted. I'm really curious as to what happens on Monday when the feds meet to determine if they will retry the case. But between now and whenever, all of Jackson needs to keep their eyes on Melton. I'll also hang on a glimmer of hope that Melton will be on his p's and q's from now on.

Author
golden eagle
Date
2009-02-24T19:47:37-06:00
ID
144018
Comment

BTW, The Clarion-Ledger has a very misleading headline on top of its site right now: "Melton free after mistrial." Under their video caption: Mayor Frank Melton is free after a jury deadlocked in his federal civil rights trial. Sigh.

Author
golden eagle
Date
2009-02-24T20:06:53-06:00
ID
144019
Comment

Goobers.

Author
DonnaLadd
Date
2009-02-24T21:28:35-06:00
ID
144021
Comment

How much is Frank going to be able to manipulate this upcoming election.... he's very cunning and I know he has a hand-picked candidate up his sleeve...hmmmm Stokes? Bluntson? Don Corleone?

Author
LatashaWillis
Date
2009-02-24T21:51:25-06:00
ID
144023
Comment

Baquan, Byron Brown just read your e-mail on the air on WJTV! Congrats!

Author
golden eagle
Date
2009-02-24T22:22:21-06:00
ID
144041
Comment

Toni Davis, I don't think that melton was a "meal ticket" for his "wife." She is a Board Certified Pediatrician and has a good practice. Omni Bank is suing her for 300,000 dollars for a line of credit "she supposedly signed" on the property at 2 Carter Grove. I believe that she fears him and based on some of the events in this City, it is understandable. This whole relationship issue is just a big joke and it has been with melton coming to Jackson with this BIG PILE OF MONEY. I was disappointed in the mini documentary WLBT did on yesterday. They did not include any of the lies melton has told over the years or the negative outcomes of his involvemnet with young males. He was featured as a folk hero. When you think about smart men like Bill Dilday you wonder what in the hell this community could be thinking to allow this "STRANGER AMONG US" to reek havoc on the lives of so many good and capable people. There was a great message in melton rolling down his window and speaking to Donna. It was also a great message in his licking out his tongue. Do you remember the last scene in Silence of the Lamb??

Author
justjess
Date
2009-02-25T10:28:54-06:00
ID
144044
Comment

Toni Davis, I'm with you on dropping the charges against Recio and Wright. One thing that spoke volumes for Recio is the fact that he ordered his child to stay on the Command Unit and frank knew not to go against a white man imposing family values. I have a lot of respect for Marcus because he was smart enough to know that he could not continue to protect frank and save himself. I hope that his record will be expunged and that he will relocate to a place where he can live a productive life. melton deserves to be tried, convicted and given time to serve for all of his criminal and civil disobedience.

Author
justjess
Date
2009-02-25T10:56:10-06:00
ID
144051
Comment

I say the city will say franks guilty when they vote him out

Author
NewJackson
Date
2009-02-25T12:08:54-06:00
ID
144055
Comment

Golden Eagle - which one did he read!? I was too busy cussing at Fox News after Obama's speech last night! I only caught a part of it since I heard it from a distance. I know it ended with "Only in Mississippi".

Author
golden eagle
Date
2009-02-25T12:50:14-06:00
ID
144063
Comment

I completely disagree with the suggestion that Recio and Wright should be let off without suffering punishment. These two men knew that the mayor was routinely flouting the law and violating citizens' constitutional rights. By Wright's testimony, Recio twice filed false reports in an effort to protect the mayor. Certainly, Melton was the leader of this sad parade, but these were officers of the law, sworn to uphold it. They certainly violated Welch's civil rights under color of law, and they should certainly face some measure of punishment.

Author
Brian C Johnson
Date
2009-02-25T14:40:52-06:00
ID
144064
Comment

And let's not forget the payout Recio and Wright got for enabling the mayor's illegal actions. They collected tens of thousands of dollars in overtime pay. Recio was temporarily named assistant chief. There has been persistent grumbling from police officers about how the two of them worked outside the chain of command and threw their weight around. And they ran around town with MP5 submachine guns, as if they were special forces commandos. They knew, or should have known, that what they were doing was wrong. Now, they should face the punishment.

Author
Brian C Johnson
Date
2009-02-25T14:43:49-06:00
ID
144076
Comment

Recio and Marcus also enjoyed the luxury of vacations, trips and other things at the City of Jackson's expense. Frank is guilty, and if justice isn't served now it will be later. One thing about a person that display's this type of behavior....THEY GET BOLDER..everytime they so-call pull the wool over someone's eyes. After the disclosure of this "new" illegal information (fake warrants, holding prisoners too long etc.)I wouldn't be surprised if someone in Washington started looking a lot closer at Frank. Let us not forget his visit there and the gun situation.

Author
classy
Date
2009-02-25T16:17:00-06:00
ID
144157
Comment

Thanks Brian and Classy. When you frame your argument this way, I must concede my initial thoughts and I do. This brings up still another issue: Why weren't the young folks who assisted in the smack down of the property at Ridgeway brought to Justice? Were there ever any charges?

Author
justjess
Date
2009-02-27T10:55:16-06:00

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