Jones County Circuit Court Judge Billy Joe Landrum gave Jackson Mayor Frank Melton the keys to the courtroom at a hearing today, allowing him to belligerently insult the attorney for the Democratic committee that expelled him from the primary ballot last week and avoid answering questions he did not wish to address. Landrum has been put in charge of a suit to decide whether or not Melton can legally run for re-election as a Democrat.
The Jackson Municipal Democratic Executive Committee voted unanimously to remove Melton from the primary ballot after reviewing Nexis/Lexis records on his driver's license and Hinds County tax information revealing that Melton again filed for a homestead exemption at his Texas home, rather than in Jackson.
The committee argues that Melton does not qualify to run in the election because he is not a Jackson resident.
Landrum impatiently complained of eye operations, health exams and a busy schedule, but said he would fax his decision on the matter by 5 p.m. tomorrow. Judging by his handling of the hearing, however, the committee has little reason to suspect he will rule in their favor.
Melton's attitude toward defense attorney Dorsey Carson was dismissive and oftentimes difficult throughout the course of his time on the witness stand. The mayor happily provided information regarding utility bills and driver's license information supporting his Jackson residency, but evaded questions concerning his honesty before the committee in 2005 and his federal tax information, with Landrum's blessing.
"On your federal income taxes do you claim Texas or Mississippi as your domicile?" Carson asked.
"We don't claim either one of them," Melton answered.
"There's a form where you have to list your address," the attorney pointed out.
"You'll have to ask (my accountant)."
"You do not know what state in which you list your taxes?"
"They give you a number. I'm not a tax expert."
"You don't know the address that you and your wife put on your federal taxes?" Carson persisted.
"No, sir," Melton answered, but added "I'm just embarrassed at the waste of this court's time."
Committee members claim Melton's residency could be a sticking point. In order for Melton and his wife—who file federal taxes jointly—to claim a Texas homestead exemption, both must swear that the Texas address is a "primary residence."
If this is true, Melton likely lists his status at his Jackson address as "part-time resident."
Landrum seemed dismissive of Melton's refusal to answer.
"Look, he says he doesn't know. I don't fill out my own income taxes," the judge said, and added that he would tell the counselor to file a request for Melton's partially redacted federal tax information before noon tomorrow.
The judge did not seem to mind Melton disparaging Carson from the witness stand. At one point, Carson asked Melton to confirm if he had recovered from a recent operation in Texas rather than Mississippi, whereas Melton replied, "How dumb can you be?"
Landrum condoned Melton's attitude, ordering the attorney to move on to other questions that the witness could ignore, such as Carson's inquiry about the residency of the children that Melton had legally adopted.
"I'm going to protect them, and I just don't think that's your business," Melton answered.
The Jackson Free Press reported in 2005 that Melton had told committee members that he had filed for a homestead exemption for his Jackson residence, and—weeks later—it reported the response from Melton's attorney Sarah O'Reilly-Evans when the truth about Melton's misinformation reached the committee.
O'Reilly-Evans told the committee at that time that they could do nothing about Melton's lie because the window of time to act upon it had passed.
Today, Melton denied any knowledge of misleading the committee, despite numerous witness accounts.
Landrum felt Carson's line of questioning on the matter meant nothing to the case, however.
When asked why the committee had accepted Melton's claim in 2005 without verification, committee President Claude McInnis said they had no reason to doubt him: "We did not know at the time that Melton had a propensity for dishonesty," McInnis said.
Melton's attorney John Reeves said the committee is basing their rejection of Melton's place on the ballot upon too narrow a definition, and appeared confident that he would win the case.
"Where you file for homestead exemption is only one factor," Reeves told reporters. "People have more than one residence, so the Supreme Court has ruled that you can prove where you live by a number of factors, not just homestead exemption."
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