Jackson Free Press

Weeks ago, District Attorney Faye Peterson forwarded information to Attorney General Jim Hood's office requesting that he investigate accusations of possible misdemeanors and felonies committed by Jackson Mayor Frank Melton, including numerous unconstitutional vehicle and home searches, carrying unlicensed guns and impersonating a police officer.

Melton exuded complete confidence in Hood's conclusion before Hood even gave it, telling the press the investigation was "over" before Hood started examining Peterson's concerns and weeks before Hood rendered a decision. On May 31, Hood announced to reporters that Peterson's concerns against Melton were too difficult to bring before a jury, but that he had warned the mayor to be careful to follow state and federal law.

Melton immediately claimed victory, saying Hood had given him good "advice" in a meeting before the press conference. The daily media reported that Hood had found that Melton "broke no laws," leaving the district attorney stunned that Hood had told the media something different from what he told her—which was that he was going to "warn" Melton, not simply give him "advice."

Indeed, in a May 26 letter that the JFP got from the attorney general's office Friday, Hood had warned Melton in no uncertain terms not to continue his questionable habits. "After reviewing allegations that your conduct in several particulars has exceeded lawful authority, our career prosecutors have identified several criminal statutes of which you need to be aware. Should sufficient, credible evidence arise in the future of any subsequent violation of the criminal statutes set forth herein, you will be prosecuted," he wrote.

In the letter, Hood made it clear to Melton that the mayor's statutory duty to enforce laws "does not convey authority upon a mayor to act as a law enforcement officer" without proper training and certification. The AG found that Melton has no such training, despite his frequent public claims otherwise.

Hood told Melton that stopping pedestrians and vehicles without probable cause does not violate a particular state law, but may violate federal criminal law. "Since you are not a law enforcement officer, you do not have qualified immunity and may have subjected yourself to both federal and state civil lawsuits by the person whose property was searched," he wrote, adding: "Police work should be left to the men and women who are trained to do that work."

In a May 20 letter to Peterson, Hood explained that charging Melton with criminal violations might not bring prosecutions—yet. "[T]he defenses available to the possible criminal charges and the uncertainties of some pertinent statutes would make it difficult to convict" the mayor for carrying unlicensed guns, parading around in police garb and stopping school buses. In 1999, Commissioner of Public Safety Jim Ingram wrote a letter for Melton saying his life had been threatened, and he just filed for a gun permit—long after declaring that he had one.

In a lengthy interview with the JFP on Friday (see page 14), Hood explained that he had been tougher in the letter than in the press conference because he believed he should "do unto others" by not eviscerating Melton in public. He also explained that state laws tie his hands a bit, containing gray areas that "you can drive a truck through," thus making it difficult to convict Melton of the laws he may well have violated.

Still, Hood made it clear that the mayor has been going too far—and that if he continues on the same road, Hood's warning letter would be "Exhibit A" in charges brought against him. That is, he had been warned.

Hood also gave Melton a list of 19 places where he is forbidden to carry guns—many of them places where Melton routinely carries weapons in shoulder and leg holsters. Hood added, "[Y]ou may not stop and/or board any school bus without the permission of state or local school officials. … If you have blue lights in your personal vehicle, then they should be removed."

In the May 26 letter, Hood bolstered Peterson's statements that Melton's evidence-gathering techniques are inadequate and, in fact, can hurt prosecutions. He wrote to Melton: "You should also bear in mind that the job of a prosecutor is an uphill battle. Overcoming the presumption of innocence and proving guilt beyond a reasonable doubt are rarely easy in the best of cases. You do no one any favors by handing issues to defense attorneys on a silver platter."

The attorney general emphasized to Melton that Police Chief Shirlene Anderson has the sole authority to direct the operations of the police department. "While the Chief may certainly act on information or suggestions you offer, she is in charge—not you," Hood wrote. At the end of the letter, he told the mayor that his presence during police operations had helped raise the profile of crime-fighting in Jackson, and he is free to be there with the chief's permission; "however, it is ill advised for you to actively participate in the operations."

Additional reporting by Donna Ladd. See PDFs of Hood's letters at jacksonfreepress.com

Previous Comments

ID

80035

Comment

Good job Adam.

Author

Ray Carter

Date

2006-06-08T08:47:46-06:00

ID

80036

Comment

Excellent story Adam. This only further shows me that even though Hood was stern in his warning to Melton, he still covered for him. There was a picture in the CL in Marshall Ramsey's column. It showed Hood giving Melton a hug. Amazing how sometimes art imitates life.

Author

lance

Date

2006-06-08T12:13:49-06:00

ID

80037

Comment

I see your point, lance, but it wasn't really accurate to say that Hood gave Melton a hug. Ramsey must have relied on his paper's reporting on that one. Big mistake. ;-)

Author

DonnaLadd

Date

2006-06-08T12:17:42-06:00

ID

80038

Comment

Good point Ladd. But it was a very funny cartoon though!

Author

lance

Date

2006-06-09T00:18:01-06:00

ID

80039

Comment

You're right Ladd. But it was a very funny cartoon though!

Author

lance

Date

2006-06-09T00:18:42-06:00

ID

80040

Comment

Please help me with this one and is my assessment on target? The information presented to the AG by the DA was not "sufficient or credible." If one is to believe that the DA's charges were sufficient/credible, then why in the h@#$ wasn't this man prosecuted? I thought that justice was blind. It is apparent that the blinders have been taken off and our AG sees clearly a move that he feels is in his best political interest.

Author

justjess

Date

2006-06-09T16:00:46-06:00

ID

80041

Comment

According to WAPT's web page, the AG is starting another Melton investigaion due to some new allegations. Very interesting.

Author

James Hester

Date

2006-06-19T15:58:07-06:00

ID

80042

Comment

When I saw the headline on this story now, with everything that's going on, I couldn't help thinking: MELTON THREATENS 'HOOD, HOOD THREATENS MELTON ;-)

Author

Tim Kynerd

Date

2006-09-22T14:19:26-06:00

ID

80043

Comment

BOTTOM LINE "MR MAYOR"> Your background is in broadcasting/business management. Chief Shirlene Anderson's background is in Law Enforcement. I have known Chief Anderson for going on 30 years now. I have also worked with and around her in Law Enforcement. She is VERY!!!!!! well respected from Corinth to Woodville and Tunica to Pascagoula. I have traveled the state and stayed in contact with my Law Enforcement friends. She was well respected 20+ years ago and still is. You are going to get someone hurt,since you have not been through any training academy. She has been through 2 academies. You are without a doubt causing chaos and havoc within the department. I don't have to talk to any of the officers to know that. PLEASE!!!!!!!!!!!!!! leave Law Enforcement to Chief Anderson or the city of Jackson is going to be in one heck of a mess sooner than you think.

Author

JanMarKil

Date

2006-09-24T22:21:41-06:00

ID

80044

Comment

Janmar, that don't mean he can't have a pimpmobile though. and with all due respect on a serious note, if she has any professional pride and is not being allowed to run her dept, she should resign. She's well qualified enough to get similar jobs.

Author

Kingfish

Date

2006-09-24T22:35:09-06:00

ID

80045

Comment

KingFish I would suspect she is attempting to maintain as much comradery in the department as she possibly can.

Author

JanMarKil

Date

2006-09-24T23:15:42-06:00