When Mayor Frank Melton held the post as head of the Mississippi Bureau of Narcotics, he leaked a memo containing accusations against MBN employees that were later disproved by the state auditor's office. Melton faxed the memo to Clarion-Ledger reporter Ana Radelat the day it was handed to him, kicking off a lawsuit against him and the Gannett Corp., the newspaper's corporate owner, for defamation.
Before he took office, Melton denied under oath that he had leaked the document. But after a Lauderdale County judge ruled last month that Radalet could not keep her source confidential, Melton changed his story, admitting—again under oath—that he had faxed Radelat a copy of the memo.
Months into litigation, attorneys for the plaintiff are now filing a motion to strike Melton's answer and have default judgment entered against the new mayor.
"We're moving to have default judgment entered against him for filing false answers under oath," said attorney Mike Farrell, who is representing retired airplane pilot Col. Robert Earl Pierce, who was later cleared of wrongdoing alleged in the newspaper article.
Farrell admitted that the motion was an unusual one.
"This doesn't happen that often," Farrell said. "In most cases you have different versions of the same story, and the jury will decide who they believe. In this case, though, there are no disputed issues. Melton says 'I told story A initially, and now I'm telling you story B.' It's unusual that somebody admits that their testimony was not accurate."
It is also unusual for a court to grant a motion to strike somebody's answer, although it has happened in the past, according to Jackson attorney Imhotep Aljebu-lan. Aljebu-lan says the success of any motion to strike answers by plaintiffs was not a sure success.
"It depends on the people sitting over the case and the facts and what's alleged," said Aljebu-lan. "They're all very case specific. It could go either way."
Attorneys will present Judge Robert Bailey of Lauderdale County Circuit Court the motion on Aug. 22. If the motion is granted, Melton will lose the case by default, and the court will then move to assess the amount of damages rendered upon Pierce—who Farrell said did not name a specific amount.
Melton's attorney, former Jackson Mayor Dale Danks, was not available for comment. Secretaries for Danks said he was in court Monday and Tuesday concerning the annexation case between the city of Jackson and the Byram area along its southern border. Danks is representing Byram.
Melton refused comment to the Jackson Free Press at the Jackson City Council's Monday work session.
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