Ellington

Federal prosecutors argued Monday that concerns about racial demographics of the jury pool for Jackson Mayor Frank Melton's upcoming federal re-trial should not factor into the jury selection process.

Melton and his former police body guard Michael Recio are facing a second federal trial on civil rights charges, in connection with the destruction of a Ridgeway Street duplex in August 2006. The jury could not reach a decision in the pair's first federal trial, and U.S. District Judge Daniel Jordan declared a mistrial on Feb. 24.

Last week, Jordan decided that he would draw the next jury from Mississippi's six southern-most counties, eliciting an objection from the mayor. Melton attorney John Reeves argued that a jury from the Gulf Coast would be disproportionately white and not the "fair cross-section" of the mayor's community that Melton is entitled to under the Sixth Amendment. According to 2000 U.S. Census data, the Gulf counties are 82 percent white, while the entire Southern District of Mississippi and the District's Jackson Division are both only 58 percent white.

Instead, Reeves suggested, Jordan should draw potential jurors from the whole Southern District, as in the first federal trial, or from a region within the district with a similar racial composition. The mayor's request drew a strong response from prosecutors in a motion (PDF) filed Monday.

"The defendant's suggestion...a request for the court to consciously attempt to influence the racial composition of the jury by selecting a division based on its racial make up - is flatly impermissible," prosecutors argued. "It is well-established that defendants are not entitled to a jury of any particular racial composition, as long as the jury is fairly selected."

Melton had not proved that a demographic group was being "systematically excluded" from the jury selection process, the government said in its motion.

Eight of the twelve jurors in the mayor's previous federal trial were white. That jury was reportedly within two votes of convicting Melton on a count of depriving constitutional rights. In the Melton and Recio's state trial, at which both were acquitted on all charges, eight of the twelve jurors were black.

Jordan has scheduled jury selection to begin on May 11 at the federal courthouse in Gulfport. After jury selection, proceedings will return to Jackson.

Previous Comments

ID

144785

Comment

Playing the race card to save his butt.

Author

NewJackson

Date

2009-03-17T09:05:25-06:00

ID

144793

Comment

I think it's offensive that he is arguing that "whites" can not be peers of "blacks" or vice versa. It's really pathetic how people say we have moved past that type of thinking until playing on those ideas benefits them then they sing a different tune.

Author

WMartin

Date

2009-03-17T09:28:34-06:00

ID

144802

Comment

Come on, you know as a defense lawyer they'll play any trick this side of illegal to get a client off the hook, right?

Author

Ironghost

Date

2009-03-17T10:47:08-06:00

ID

144805

Comment

During the 2005 campaign, he talked about not dividing people by race. While that is the right thing to say, it's convenient that people will use race to benefit themselves. Technically, a defendant is supposed to have jury of his or her peers (which one can assume could be mostly black jurors), but since both Melton and Recio are both standing trial together, whose peer would they use?

Author

golden eagle

Date

2009-03-17T11:13:12-06:00

ID

144807

Comment

I don't think you meant it that way but just to be clear I am not a defense attorney or any other type of lawyer for that matter. ;-) Yes, I do know that lawyers will stretch the truth and play tricks to get the outcome they desire for their clients. However, just because something isn't necessarily illegal doesn't make it ethical. Although, I do believe that submitting a motion that you know to be false is illegal. So by the submission of the motion wouldn't it be safe to assume that they believe the argument in it to be true? Whatever their tricks, they are still asking for a federal court to legitimize that position. I find it reprehensible that a city official, who ostensibly is supposed to represent all of his constituents, would allow his advocates to make such a claim on his behalf. He isn't allowing his lawyers to use an insanity defense, which would explain a lot of his actions, because He doesn't want to be labeled as crazy but what is he labeling the citizens of the coast with a desperation play like that?

Author

WMartin

Date

2009-03-17T11:24:19-06:00

ID

144808

Comment

Note: Ward's updated story is now above. It seems that the feds are outraged that Reeves argued for such a thing out loud.

Author

DonnaLadd

Date

2009-03-17T11:47:22-06:00

ID

144809

Comment

[quote] Eight of the twelve jurors in the mayor's previous federal trial were white. That jury was reportedly within two votes of convicting Melton on a count of depriving constitutional rights. In the Melton and Recio's state trial, at which both were acquitted on all charges, eight of the twelve jurors were black.[/quote] So...theoretically the majority black jury was more inclined to acquit the mayor than the majority white jury? I can see why Reeves wouldn't want a majority white jury then.

Author

Jeff Lucas

Date

2009-03-17T12:07:47-06:00

ID

144810

Comment

OK, here's my two cents: I don't think it's really about racial makeup for Melton. He has to know that a white jury can be easily swayed by the talk of crackhouses. I believe strongly that it is about wanting a *Jackson*-area jury. He and his friends have deep and complicated ties here, and he probably hopes that will pay off for him. It is also no secret that many Jacksonians fear him, whether they have reason to or not. And many locals might recognize some of the people who show up and sit behind him in the courtroom. That ranges from young men who have been tried for murder, and acquitted, to even Sheriff McMillin who showed up and sat behind Melton during closing arguments. I think he's banking on the familiar in all its forms. Ironically, it's not about race even if they are playing the race card to get there. Race issues are always very complicated when it comes to Mr. Melton. Now, does Reeves look at it in a more black-white, traditional fashion? Probably. But I doubt seriously that Melton does. All speculation and my opinion. Take it for what it's worth.

Author

DonnaLadd

Date

2009-03-17T12:21:54-06:00

ID

144815

Comment

I know that racism continues regardless of what we say or do but the black white issue is getting old. The race or the color of the skin doesn't decide if a person is innocense or guilty. It is the evidence presented above a reasonable doubt. That's it folk. As I have stated before we will never get nowhere as long as we judge people on the color of their skin or their gender. It should be if a person is right or wrong that's it. I don't know what verdict will come out of Melton retrial but I wish he would show his true leadership and admit his guilt and put this mess behind us. People we go more serious problems that we need to be dealing with instead of what happens to a loser. I wish again that Recio and Wright charge would be dropped for their family sake but that's my personal point of view. I had spoke out on alot of issues and I get burned everyday for my point of view but at least I can put my hand on the Bible and truthfully say I have not lie on any statements I have made. That's why I ask JFP to investigate the documentation I have provide and if I am lying then they know how to deal with it. If not then I hope that they will clear my name and others and let the real truth be known.

Author

Tony Davis

Date

2009-03-17T13:02:18-06:00

ID

144816

Comment

But in the state of Mississippi, you will never - let me repeat! NEVER - find a jury that will convict Frank Melton! You may be right, Tony, but I think you have the best chance at an unbiased jury the further you get away from Jackson and Melton's complicated web here.

Author

DonnaLadd

Date

2009-03-17T13:12:18-06:00

ID

144823

Comment

So it would seem separate but equal is good enough in the parallel universe where Frank Melton resides. Oh, oh the irony.

Author

chaffeur

Date

2009-03-17T16:29:58-06:00

ID

144824

Comment

He is on the record many times talking about how race should never be a factor, and criticizing those who talk about it. He is also on the record blasting critics, saying they are picking on a powerful black man because he's black. So I guess he's being consistent in his inconsistency on the matter.

Author

DonnaLadd

Date

2009-03-17T16:31:50-06:00

ID

144825

Comment

And for the record, the JFP has a policy of not calling 1305 a "crackhouse" because it has never actually been credibly established that it was a crackhouse. Doing so, in my view, makes one a tool of the defense. Yes, a drug user lived there. That is all that has been officially proved. Too bad other media do not make that clearer. And if all it takes is for a drug user to live in a house for it to be a "drughouse" or "crackhouse," then there are whole bunch of homeowners all over Jacktown who ought to be on the lookout for the midnight wrecking crew.

Author

DonnaLadd

Date

2009-03-17T16:34:09-06:00

ID

144826

Comment

There were no drug found during the illegal search and I have noticed that WLBT has push and push the drug house story, I wonder why? I am getting very nervous, I found a crack in my bedroom wall and my garage floor has a crack in it. Does this mean I live in a crack house? When will the sledge hammers come? As a former bails bonds person I can tell you that I have seen just as many crack houses and cocaine houses in the upper income neighborhoods as I have in the lower income neighborhoods. Drugs are addictive and again drugs don't care if you black or white, male or female, rich or poor, addiction to drugs is a terrible sickness. Melton should have been going after the people that are supplying the drugs, that are transporting the drugs and who is selling the drugs. I can at least say one thing he found a whole lot of nerve tearing down a mentally ill person home but what happen to all that nerve when he could have been using it to go after the big boys? Interesting isn't it?

Author

Tony Davis

Date

2009-03-17T16:55:46-06:00

ID

144849

Comment

I know what you're talking about, Baquan. Don't worry: I know you're not talking about us when you crticize the pro-Melton media, just as I'm not. ;-)

Author

DonnaLadd

Date

2009-03-18T08:12:51-06:00