Jackson Free Press

This Tuesday, Mayor Frank Melton filed an emergency petition to appeal a ruling by Lauderdale County Circuit Court Judge Robert Bailey in striking his defense in a defamation lawsuit filed by former Mississippi Bureau of Narcotics pilots Robert Earl Pierce and Jimmy Saxton.

As first reported by the Jackson Free Press, Melton lied to Judge Bailey in discovery documents last year, denying that he was the source of a refuted memo, leaked to The Clarion-Ledger in 2003.

When Clarion-Ledger reporter Ana Radelat was ordered to reveal her source, Melton then admitted his lie, soon after taking office. In response, Bailey struck Melton's defense, handing the plaintiff an automatic win. The trial, which resumes in April, must now only determine the amount of damages Melton must pay the plaintiff.

Melton filed an emergency petition Tuesday with the Mississippi Supreme Court arguing against Bailey's decision. Melton attorneys Dale Danks, Michael Cory and James Metz argue that Melton wants to present the full picture in his defense. And, they say, he did step up and correct his lie within three months.

"Whether a defendant can effectively have all constitutional rights to a jury trial and to defend himself stripped as a penalty for a discovery violation, as has happened in the instant case, is a novel issue for this court and is certainly crucial to the administration of justice," the petition argues.

Previous Comments

ID

65797

Comment

There may be a due process question here; I don't know. I remember vaguely thinking at the time: "Automatic win in a libel suit? The judge can do that?" But I assumed at the time that if he just did, the answer must be yes. Cheers, TH

Author

Tom Head

Date

2006-03-30T01:02:03-06:00

ID

65798

Comment

Mayby since Frank has "forgiven" the city's most dangerous criminal and offered him a job, he probably thinks that the judge will do the same for him (the forgiveness part). Just because he admitted that he lied dosen't change the fact that he caused harm. He said once in a meeting that he could not sit next to a convicted felon.....now he faces the possibility of becoming a convicted liar. Is there much difference? He tried to hide behind journalism but anyone knows that a good journalist dosen't pull stunts like this and expect it all to go away. The honorable thing to do would be to accept his fate, resign from office and go back into the private sector. At least he had gained a little respect there. But we all know that Frank does not have a reverse gear. I sometimes wonder about the power of judges, but I don't recall a judge making a decision that could possibly backfire. I think that he is sending a strong message with his ruling. I only can hope that others that consider trying things like this will reconsider.

Author

lance

Date

2006-03-30T08:29:51-06:00

ID

65799

Comment

I believe the Supreme Court kicked it back yesterday, right, Adam? Meaning that Judge Bailey is still on the same track, although delayed a few days.

Author

DonnaLadd

Date

2006-03-30T11:43:49-06:00

ID

65800

Comment

Is there no conflict of interest with Danks being the contract attorney for the City of Jackson and now being the personal attorney for the Mayor? Something stinks.

Author

malt

Date

2006-03-30T14:32:31-06:00

ID

65801

Comment

Malt, I might be mistaken, especially since many of Melton's 'key players' he brought into his administration have resigned thus far, but I believe that Danks resigned from that position. Again, I might have him mixed up with one of the other's who have fled....uhm, hhm, resigned! Ladd or Adam, could you verify this? I believe I am correct, but as stated above, I might have mixed it up. However, if he did in fact resign from the position, then of course there would be no conflict of interest by his representation of the mayor in a private matter. I believe the biggest problem at this point is the fact that Melton has the belief that he can completely 'run' the city and all of it 's offices in Jackson, including the judicial system, thus, this leads him to believe that he can act as he wishes and/or withhold information in other areas. It would appear that he has this grandious belief system that because HE thinks he did nothing wrong, the remainder of the world should agree with his assessment of self. I sincerely hope that the judge in the case is one of the old fashioned judicial leaders who truly believe in 'right or wrong' with no wishy washy areas and 'sticks' it to frank in the penalty faze. Maybe if he has to spend some of his own money, enough to make it hurt, then he might find a stronger sense of monetary judgement for our city's budget! But hey, that's just MY opinion.......my Bottom Line!

Author

Katie D

Date

2006-03-30T19:44:51-06:00

ID

65802

Comment

This could be a reason why we haven't hear from Walker Texas Ranger..........I mean Frank, in the last few days. He and his dream team are over in Meridian trying to bull@$#% the judge. I guess that mayby the city is better off running on automatic pilot while he defends himself. Mayby this would be a good time to ask Vidal Sullivan or the Wood Street Players what he should do to get out of this.

Author

lance

Date

2006-03-31T02:30:35-06:00