Jackson Free Press

UPDATE: Judge Bailey declared a mistrial because the jury couldn't agree on damages Friday. Check back here Monday for more details and explanations of what happens next.

Jackson Mayor Frank Melton is an enigmatic speaker and a proven crowd pleaser when he speaks his mind before a cheering throng of supporters, but the former MBN director wove a dizzying quilt of contradictory statements on the stand in the Meridian lawsuit on Wednesday.

Retired MBN pilot Robert Pierce and MBN agent Jimmy Saxton are suing Melton for millions of dollars on a defamation claim after Melton leaked a memo in 2003 to Clarion-Ledger reporter Ana Radelat, incriminating the two for illegal plane transfers and abuse of overtime. State Auditor Phil Bryant investigated Melton's allegations, only to find the accusations bogus when the memo's source, agent Warren Buchanan, denied ever making the accusations.

Now Melton's attorneys are trying to preserve as much of Melton's wealth as possible, arguing that neither Saxton's nor Pierce's reputations were damaged overmuch—and hardly untarnished prior to the memo.

During questioning Melton repeatedly showed disdain for the media, describing both news print and television media as bland sensationalism, determined to sell headlines rather than report the truth. He also emphasized that he pointedly avoids reading newspapers or watching television media, despite the fact that he was long the CEO of WLBT.

Melton said on the stand that he'd never even read the article that caused all the trouble, telling lawyers that he was walking through the office at WLBT and saw the headline of the MBN story. Even then, he claims he did not read it.

"I was told the very next day that there was a story on the front page about the investigation. … I never read the article," Melton said, denying that he knew the article named Pierce and Saxton specifically. "Having not read the story, I don't know who it named. I know that sounds kind of strange because people grab the newspaper every morning. I have no interest in that. …" Melton said.

Melton also contradicted the assertions of Clarion-Ledger Editor Grace Simmons and Clarion-Ledger lawyers, who claimed that the paper knew nothing of Melton being the source of the leaked memo.

Clarion-Ledger attorney John Sneed posted on the Jackson Free Press Web site in June that "Clarion-Ledger editors did NOT know that Melton was Radelat's source. …" On Wednesday, Melton said he was contacted by Simmons immediately after faxing the memo to Radelat.

"I sent (the Memo) to Radelat, and if I'm not mistaken, within five minutes I got a call from Grace Simmons at The Clarion-Ledger. Didn't have a clue what the call was about. I responded to Ms. Simmons … and the conversation was, 'Frank, why did you send that article to Washington? Why didn't you send it over here to the Clarion-Ledger?' At that point I was dumbfounded and I asked her what she meant, what she was talking about and she said, 'Your article that you just sent to the paper, the information you just sent to Ana Radelat. And I asked, 'What does Ana Radelat have to do with you. She says, 'Ana Radelat works for me.' And I said to her, 'How?' and she said Ana Radelat was a writer for The Clarion-Ledger. That's the first time I knew Radelat was associated with The Clarion-Ledger," Melton said, adding that he then called Clarion-Ledger Editor Ronnie Agnew, demanding that the newspaper not publish the information in the memo before corroborating it.

"I said to Mr. Agnew, 'I just sent a memorandum to Ana Radelat, not knowing that she wrote for The Clarion-Ledger. This was a very confidential memorandum, which was not substantiated, was not corroborated and it does not need to be in print.' Mr. Agnew says to me, 'Frank, I've known Ana for a long time. She is not that type of person and she will do her own (research).' I said to Mr. Agnew, 'I will remind you that it is unsubstantiated, it has not been corroborated and she needs to do whatever homework she needs to do.' End of conversation."

In an Aug. 24, 2005 deposition of Simmons regarding the case, Simmons admitted that she had called Melton and complained to him about giving the memo to Radelat instead of The Clarion-Ledger. When asked by attorneys how she knew to call Melton regarding the memo Simmons replied, "I assumed."

Sneed later wrote, "There's quite a difference between 'knowing' and 'assuming,'" adding that during the conversation Melton "neither admitted nor denied to Grace that he was Radelat's source." Sneed said his own assumption was that "90 percent of the folks who read the memo 'assumed' Melton was the source," and argued that Radelat "didn't tell Fisher the identity of her source, Fisher didn't ask and there was no reason she would have. …"

One of the statements Melton made while under oath—and one that could derail his defense attorneys' claims questioning the untarnished reputations of Saxton and Pierce—was that both of the agents were "fine" agents. Melton said he would rehire Saxton if he were still at MBN.

Attorney Mike Farrell asked for Melton to clarify why he decided to vet the memo to a reporter for corroboration when he was already heading an agency filled with professional investigators.

The ensuing back and forth between Farrell and Melton drove a few jurors to exchange puzzled looks.

(Farrell) "You gave the memo to (Clarion-Ledger reporter) Ana Radelat the day before, April 17. The same day, didn't you assign Mr. Joe Jackson to do the investigation into these (allegations)?"

(Melton) "Yes, sir."

(Farrell) "Now Mr. Jackson was on your staff at MBN, a former head of FBI in the state of Mississippi, wasn't he?"

(Melton) "Yes, sir."

(Farrell) "And very, very qualified to investigate?"

(Melton) "Yes, sir."

(Farrell) "And you also had Mr. Roy Sandefer working on this investigation. …"

(Melton) "Yes, sir."

(Farrell) "An experienced, professional, qualified investigator?"

(Melton) "Yes, sir."

(Farrell) "Now, if they wanted to look into allegations about the airplanes, all they had to do was go into an office in headquarters and pull those documents to begin the investigation, wouldn't they?"

(Melton) "I can't answer that."

(Farrell) "Well, if they had an investigation on somebody (tampering with) their time sheet, all they had to do was go into the personnel office or some other office at headquarters and pull those documents and look at the records."

(Melton) "I think you're making it a bit simplistic. …"

(Farrell) "If you had qualified people in the same building and a lot of relevant documents in the building, why would you give the memo to a stranger a thousand miles away, and accept that she could do a darn thing to investigate these allegations?"

Melton answered that he has "since learned" that the reporter "had already done stories on these allegations prior to me coming to the bureau," though he cut the head off his own reasoning by inserting the words "since learned"—meaning he had no such understanding of the reporter's experience at the time of the memo leak.

"My next question," Farrell demanded, "is why didn't you just tell Radelat that 'We've started an investigation, and when we're finished, there will be a public document and I'll give it to you then, and not before?'"

Melton, who had said many times in his testimony that he had no faith in the press, told Farrell that he gave Radelat the memo because he didn't trust his own investigators, who he feared would sweep the matter under the rug, because of the "people who were allegedly involved."

"But Joe Jackson," Farrell stammered, "He's not going to sweep anything under the rug, is he?"

"No sir."

"And Roy Sandefer. He's not going to sweep anything under the rug, is he?"

"Absolutely, he would not."

"And they're all agents. Right?"

"Yes, sir."

"Good agents, right?" Farrell pushed.

"Yes sir."

"Well then, who's going to sweep it under the rug?"

"Sir, it had already been swept under the rug," Melton answered, implying that similar allegations had been ignored in the past.

"Well, if it's now under your administration, now in good hands … why give it to a reporter?"

"It was at my discretion as a director. But, more importantly, I thought it was because it was in the best interest of the public and … the taxpayers," again paying homage to the watchdog role of the same media that he'd spent the majority of the case demonizing.

During testimony, Melton asserted that he was not wrong in releasing the unsubstantiated memo, decreeing that he would do things differently the next time if given the chance by instead sending "it to all the media."

"Unsubstantiated allegations?" Farrell asked.

"Yes, sir."

"Why would you send it to all media?"

"Because government does what it does to protect itself. You get into politics and you get into personal relationships. … The (only) check you have, in my opinion, is the American public," Melton said.

-- by Adam Lynch

A long version of this story will appear in the next print issue of the Jackson Free Press.

Previous Comments

ID

124135

Comment

Frank apparently will never learn before getting hit with a big judgment or jail time. We all know how quick he is to play crowd pleaser, and to lie when in a jam, or when he thinks there is little or no risk to follow. He doesn't appear to fair much better even with skilled examiners asking loaded questions disguised as harmless. I bet Danks, et al, are saying this is got to be the craziest and dumbest person they have ever represented. Here we have it again, the inability to shut up, cerebrate before talking, or display cognition or sagacity when answering questions. Countering with your heart only, as Frank often does, is not the way to go in trial. We're likely to see another episode of the undying story that "A fool and his money soon parted."

Author

Ray Carter

Date

2006-10-06T13:30:46-06:00

ID

124136

Comment

We're likely to see another episode of the undying story that "A fool and his money soon parted." -Ray Carter Great synopsis of the Ultimate Authority Frank Melton. It would probably serve him better if he did not even take the stand at all. At least he would not expand the collateral damage that he is doing now. It's going to be interesting to see how he does in his next court appearance (the felony charges levied by the AG). He was warned, he chose to ignore the AG's directives, now he will pay by sitting in jail next to Big Bubba.

Author

lance

Date

2006-10-06T15:14:00-06:00

ID

124137

Comment

During questioning Melton repeatedly showed disdain for the media, describing both news print and television media as bland sensationalism, determined to sell headlines rather than report the truth. He also emphasized that he pointedly avoids reading newspapers or watching television media, despite the fact that he was long the CEO of WLBT. So, if he didn't read the news how did he prepare for the "Bottom Line?" Several of those were based on stories in the news that day or that week. What a moron!

Author

pikersam

Date

2006-10-06T16:49:53-06:00

ID

124138

Comment

Tick, tock....

Author

pikersam

Date

2006-10-06T20:20:45-06:00

ID

124139

Comment

A mistrial was declared in Melton's libel case on Friday night. http://clarionledger.com/apps/pbcs.dll/article?AID=/20061006/NEWS/61006047

Author

Dr. S

Date

2006-10-06T22:38:42-06:00

ID

124140

Comment

Well, I guess we just have to have a do over now! More tax dollars down the drain.

Author

pikersam

Date

2006-10-06T23:27:25-06:00

ID

124141

Comment

I'm just catching up on news of all this. I haven't talked to the home team, yet, on what happens next in this, but we'll get a good update up on Monday. The costs, in time and money, of all this seem the most remarkable part. And it seems almost suspect that the jury couldn't agree on some amount of damages after he had already lost the case. Weird. I look forward to hearing what the experts have to say on this. Do you have to start all over from scratch on a case he had lost because the jury couldn't decide on damages!?! That would seem rather an inefficient way of dealing with libel cases to me.

Author

DonnaLadd

Date

2006-10-07T18:08:25-06:00

ID

124142

Comment

Do you have to start all over from scratch on a case he had lost because the jury couldn't decide on damages!?! -Ladd From my understanding, yesterday reporter Gregg Flynn with WAPT stated that the only thing that would go to court again would be to try and re-determine the damages (money). Melton has already been found guilty. I agree with you that this certainly does seem very, very suspect. Meridian is traditionally a very conservative city. They do not take kindly to people being found guilty and then getting a free walk.

Author

lance

Date

2006-10-07T19:09:07-06:00

ID

124143

Comment

From my understanding, yesterday reporter Gregg Flynn with WAPT stated that the only thing that would go to court again would be to try and re-determine the damages (money). Melton has already been found guilty. I agree with you that this certainly does seem very, very suspect. Meridian is traditionally a very conservative city. They do not take kindly to people being found guilty and then getting a free walk. Greg Flynn also said that since Meridian is so conservative, the jurors may have had a problem with one of the plaintiff lawyers saying a new record should be set in Mississippi for how much money should be rewarded. Maybe half of the jury thought the lawyers were doing it more for themselves than the plaintiffs and were getting greedy. Well, we won't really know unless they tell us, right?

Author

LatashaWillis

Date

2006-10-07T22:41:00-06:00

ID

124144

Comment

That's a good point, L.W. and Lance. It is important to remember that Melton's guilt has already been determined. It's a matter of damages at this point, and that question will have to be dealt with, one way or the other. I suspect he might settle for a rather large amount; it sounds like the testimony as to motive was beginning to go a direction he would not be happy with. Just a guess.

Author

DonnaLadd

Date

2006-10-08T11:03:08-06:00

ID

124145

Comment

I'm not trying to be smart or funny but melton's statements about not reading certain important documents and also saying in his State of the City Address that he could not write the City Plan raises the question:CAN MELTON READ AND WRITE? Are the bodyguards at his side to protect him from the exposure of ignorance and not a bullet? Since there have been so many lies told about melton and his experiences, does he really have the kind of wealth alluded to in so many printed stories about his wealth? I'm in a "DRAGNET" posture: WHERE IS THE EVIDENCE?

Author

justjess

Date

2006-10-09T10:28:11-06:00

ID

124146

Comment

NOt to change the subject but, did anyone see the City Council Meeting Wed. or Sunday? It seems as if all (council members) are getting into position to skip ship. Harvey Freelon presented a case to the Council exposing contracts and unfair dealings under this administration with the Green Zone and the Farish St. project. Very, very interesting!

Author

justjess

Date

2006-10-09T10:38:48-06:00

ID

124147

Comment

Justjess, For some reason, your comment made me think of the apocalyptically awful film Stanley & Iris, starring Robert DeNiro and Jane Fonda. So all we have to do is get Jane Fonda down here and wham!, it's personal growth and late-blooming love all around.

Author

Brian C Johnson

Date

2006-10-09T10:50:39-06:00

ID

124148

Comment

Brian C. Johnson, what a memory! Maybe the Command Unit can be used for the teaching session of the first volumn of See Jane Run. Run Jane. Run, Run, Run.

Author

justjess

Date

2006-10-09T14:34:55-06:00

ID

124149

Comment

The melton story made JET magazine. He is really getting popular around the country. Also, his new lawyer, AKA, "Dream-Team Member" has some of his skeletons in the CL this am. According to the article, this lawyer has known fm for over 40 years. He said that fm grew up in Houston, Texas and that his father was the high school principal there. No mention of GBush and his (fm's) dad's "secret service" connection. Also, there wasn't any mention of fm's mother. Is this the beginning of more lies being poured onto existing ones?

Author

justjess

Date

2006-10-10T10:42:18-06:00

ID

124150

Comment

Justjess, I thought I would link the article you mention for the other readers. Melton can hire anyone he wants. And, if he wins, what then? Do the Meltonites really think that if a jury is hoodwinked it is going to change the Constitution of the United States? Do they think this will be some landmark case that defines how we fight criminals? O RLY? Figures a criminal would hire a crooked lawyer: Like his client, Washington is widely admired, but he, too, was a controversial elected official. While in Congress, Washington filed bankruptcy over more than $200,000 in back taxes owed to the Internal Revenue Service. He also was questioned in 2003 about his decision to place a woman with whom he had a child on his congressional payroll and a separate decision to use federal money to pay his ex-wife $2,300 a month in rent for his congressional office in Houston. He defended himself Monday. Hey, it's Melton's kind of guy! More important is the article in the business section about the Convention Center Comm. meeting yesterday. Money quote: Melton also referrred to an abandoned garage in front of the Telcom Center on Pascagoula Street. "What are we going to do about Capital Car Care across the street?," he asked. "With you-all's permission, I'd like to get that (demolition) going because when we have people in here, it's embarrassing." He roused an uproar of laughter when he joked about getting a sledgehammer from his trunk. Melton is under indictment for allegedly using a sledgehammer to damage a home on Ridgeway Street where he said drugs were sold.

Author

pikersam

Date

2006-10-10T12:09:24-06:00

ID

124151

Comment

I know Craig Washington well. He's still a part-time teacher at the law school I graduated from. He and Walter Pink, now deceased, were the local heroes of aspiring lawyers like me who wanted to do criminal law. I spent a nearly a week in class with him in July of this year at Santa Clara Law School. He's very smart, and has a Jerry Spence type of captivating voice and presence. And he's a figter like few others. He has a terrible death penalty case pending in Texas that will take all the heart, skill, power, and talents he can muster to overcome since so many people died in that case. Craig's presence still won't make me pull for Frank, but I will likely welcome Craig to town, at some point. Some people compare Craig Washinton to Bill Clinton - a giant in terms of talents and capabilities, but who let vices limit his contributions and accomplishments, although I don't see how Clinton could have accomplished much more.

Author

Ray Carter

Date

2006-10-11T09:45:08-06:00

ID

124152

Comment

ray,what kind of fee do you think he commanded for this representation?

Author

chimneyville

Date

2006-10-11T09:53:53-06:00

ID

124153

Comment

It's hard to say, I hope he charged Frank what the best lawyers in America would charge him. If he represents him on all charges (and these charges are relatively minor and simple) I hope he charged around $100,000, not an excessive or high fee. Some of these charges will likely be dropped even if a trial occurrs on a few of them. I might ask him someday at a conference or class what the actual fee was. Since they probably have been friends for years, he might charge much less. If they grew up together they were likely some real rowdy boys. One of my x-bosses in Texas went to Prairie View University with Craig and he told me Graig was renowned back then for his great intellect and tantamount or paramount rowdiness. I asked Craig about the rwdy behavior in July and he said he isn't proud of some of his past.

Author

Ray Carter

Date

2006-10-11T11:08:59-06:00

ID

124154

Comment

Ray Carter, I always appreciate reading your legal commentary of these issues. What about the FBI and their investigation of Melton. Are there new charges to come or are they just looking into what has already been charged?

Author

justjess

Date

2006-10-11T11:28:23-06:00

ID

124155

Comment

I don't know if there are other charges or not. I strongly believe that all legal authorities' foremost concern or issue is to get rid of Frank as mayor, and not throw him in jail. Once he's gone as mayor he can't use the color of law to do those crazy and illegal things further. Frank doesn't have the balls to do these thing without the color or protection of law. I fear he might force the legal authorities to seek and obtain jail time as a only resort for him. So be it if this is the way it has to be done.

Author

Ray Carter

Date

2006-10-11T11:35:38-06:00

ID

124156

Comment

Pike-loves-the-jfp, thanks for the link. Frank was really feeling his oats post signing of the ordinance to make loud noise a crime. I'm sure our youth are wondering what the hay is going on that one could be charged $250.00 plus jail time and the peoson (frank) with the loudest voice has broken more laws than one could imagine. Frank spoke with so much authority saying, "I want them locked up and put in jail. I want them to be fined because I want OUR money." Is this the same person who should be locked up and who needs to be paying the City back for all of the stupid junk we are now paying for and will continue to pay for years to come secondary to his poor choices and crazy actions.

Author

justjess

Date

2006-10-11T13:17:00-06:00

ID

124157

Comment

Ray, I couldn't agree more. If a guy is shooting up a building, the first priority is to take his weapon away from him. Cheers, TH

Author

Tom Head

Date

2006-10-11T14:17:59-06:00