Jackson Free Press

Prosecutors and defense lawyers filed motions (PDF, 196 KB) at an accelerating pace as Mayor Frank Melton's felony trial approached.

Melton, along with detectives Michael Recio and Marcus Wright, faces five felony counts for demolishing a Ridgeway duplex on Aug. 26. The trial is set to begin April 23.

A motion filed April 10 and signed by Melton attorney Charles Mullins argued that Melton should be able to refer to the Ridgeway duplex as a "crack house" or a "drug house," terms prosecutors have urged the judge not to allow. Mullins argued that the Mississippi Supreme Court has decided that defendants should have wide latitude in developing a defense if there is some supporting evidence.

"This position is supported by numerous police raids on 1305 Ridgeway Street, which resulted in arrests for crack and marijuana," Mullins wrote.

Mullins also revealed that Melton attorneys have sworn testimony from Tammy Callahan that she worked as a lookout for Welch. "Ms. Callahan testified that Welch cooked, smoked and sold crack cocaine out of the house," Mullins wrote.

Melton's lawyers will bring this evidence not to impeach Welch's credibility, Mullins wrote, but to explain why Melton was at the house. They may also use evidence of Welch's drug use to "attack his ability to remember and to recall certain events."

In a fourth motion, Mullins revealed that Melton lawyers may argue that "children were using drugs" at the Ridgeway duplex.

John Williams, legal director for the Mississippi ACLU, said that all citizens, including Evans Welch, have a right to due process. "The mayor's legal struggles are an unfortunate situation," he said, "and part of our democratic process is that Mayor Melton is entitled to put forth a vigorous defense to these criminal charges. Just as the mayor is entitled to the due process of the law, Mr. Welch is as well. … We will continue to monitor the situation in the hope that in the process of defending himself as a private citizen, (Melton) remains cognizant of his duties as a public servant and of the due process rights of Evans Welch."

Mullins also argued for Melton's right to discuss "prosecutorial misconduct" as part of his defense. There are no indications from the court as to when it will rule on these motions.

Meanwhile, prosecutors may call Jennifer Sutton, who owns the Ridgeway duplex, to testify that Melton offered her a settlement for damages to her property, possibly as a means of arguing that Melton acknowledged guilt.

Mullins was quick to react, filing a motion asking the court to produce Sutton's cell phone records, possibly in an attempt to argue that Melton never called Sutton.

Last year, witnesses said that Stephanie Parker-Weaver, a Melton confidante, inspected the Ridgeway duplex. Pieter Teeuwissen, special assistant to the city attorney, confirmed that the city's legal department submitted a written offer to repair the damage to Sutton's home, though that offer came with a threat to bring the house up to code.

Sutton did not return calls.

Previous Commentsshow

Note this spicy meatball, which The Clarion-Ledger seems to have missed: Mullins also revealed that Melton attorneys have sworn testimony from Tammy Callahan that she worked as a lookout for Welch. “Ms. Callahan testified that Welch cooked, smoked and sold crack cocaine out of the house,” Mullins wrote. One of my questions would be that if Welch was cooking up cocaine into crack in the house, why was there no equipment?

Brian C Johnson

Apr 11 2007

Brian lemme save you real quick LOL. You only need a stove, pot, water and baking soda to cook powder cocaine into crack. There is no "equipment" needed. Thus the ease at which it can be made.

Kamikaze

Apr 11 2007

thrown in some Paul Prudhomme crystal magic and you can even blacken it.

Kingfish

Apr 11 2007

Well I guess 'Fish but Im sure folks arent eating it LOL. Just want to make sho Brian brushes up on a little crack knowledge before asking some questions. Be good to bone up on the crack trade, how its made and distributed, the cost, sizes, terms. Why its so prevalent in the black community. the directions are so simple that even a person of limited capacity could make it. It's the easist way to make money in the inner city. Easy to hide, easy to destroy and not all of your crack users "look" like crack users etc. etc....just fyi.

Kamikaze

Apr 11 2007

That was one of my questions, in that I understand cooking up crack is not as elaborate as producing methamphetamine. But surely there would be some evidence of crack production, in the form of residue on cooking utensils or on the stove. Wouldn't they have wanted to find such evidence in support of a distribution charge?

Brian C Johnson

Apr 11 2007

Thats the thing Ive been trying to kinds impart throughout this whole discussion. Its hard to get those charges to stick because its easy to hide evidence and dealers are pros at this. There could very well have been no physical evidence of any crack ever being produced in that house when they wrecked it. You cant arrest someone for having common kitchen utensils in their home dig? It does leave residue in pots and in jars but if washed out properly you'd have to damn near run forensics to catch it. Thats why its the distribution drug of choice. Its' a game that requires a littel more recon and little more street knowledge. You may very well NEVER find actual crack in a spot where they are distributing it.

Kamikaze

Apr 11 2007

My favorite part of this is on page 4 of the PDF file: "The defendant agrees that Welch has numerous misdemeanor convictions and several felony arrests...." Hmm... Who else has "numerous" misdemeanor convictions and at least one "felony" arrest???? :D lc

LawClerk

Apr 11 2007

It's a useful point, Kaze, though I'm going to discuss it with law enforcement, as I'm not convinced it's so easy to hide. If Welch was distributing crack, it must have been hidden offsite somewhere, yes? It wasn't hidden in the walls.

Brian C Johnson

Apr 11 2007

One wonders: Can a building have a "criminal background"? So, the defense is that the duplex is guilty of past crimes? Therefore, it was OK to destroy it? Defense attorneys in Jackson Mayor Frank Melton's upcoming felony trial want to tell jurors about the criminal background of the northwest Jackson duplex that Melton is accused of damaging and its occupant. Ledge story Also, notice the careful wording int he following—showing that Welch hasn't been convicted of a felony for drugs: Melton's attorneys plan to argue that the property was a crack house and that tenant Evans Welch has "numerous misdemeanor convictions and several felony arrests," according to the filings. The part that befuddles me is that, in America, all this isn't supposed to be a defense for destroying a building without a warrant. It's very hard to imagine that the judge would let all this in—are they trying to taint the jury pool through the media? I know, they would never do that.

DonnaLadd

Apr 11 2007

Ladd, I think this sums it up quite nicely! "When the law is on your side, you argue the law; when the facts are on your side, you argue the facts; and when neither the law nor the facts are on your side you try to create a confusion, very much like ‘scrambled eggs.' Sir, nobody is buying your scrambled eggs.” - unknown

LawClerk

Apr 11 2007

I thought arrests were not admissable until sentencing. correct me if I'm wrong.

Kingfish

Apr 11 2007

If Welch is guilty of anything, he should be dealt with. However, the fact remains that Melton, et al., ripped the front off of an occupied house. I just don't see how that could be justified. You only need a stove, pot, water and baking soda to cook powder cocaine into crack. There is no "equipment" needed. Thus the ease at which it can be made. A Missouri state representative introduced a bill that would required anyone in Missouri who buys baking soda to show ID. I'm not sure how well that would work. Look at this: Critics say such a law would be impossible to enforce because baking soda, which is used as a deodorant, as a cleaning agent and in antacid, among other things, is so common. "To put it behind the counter and create a log that a zillion people would have to use, the law would be completely useless," said David Overfelt, president of the Missouri Retailers Association. Baking soda could also be replaced in making crack cocaine with drain cleaner or ammonia, others say. "With these drugs, there are so many different chemicals that can be used — batteries, coffee filters, anything," said Ron Leone, executive director of the Missouri Petroleum Marketers and Convenience Store Association. "It's like MacGyver. Everything's possible." Drug enforcement experts say the differences between regulating the sale of pseudoephedrine and the sale of baking soda are sizable. "When you generate a list of people who use baking soda, it pretty much includes everyone. It's a common household item," said Tom Murphy, a special agent with the St. Louis division of the Drug Enforcement Administration.

LatashaWillis

Apr 11 2007

Someone just tipped me off to the fact that Tammy Callahan testified in court back in October when the city was fighting for its right to refer to 1305 Ridgeway as a crack house. Unfortunately, the CL link is broken, but here are quotes from the story: A woman testified this morning in Hinds County Circuit Court that she smoked crack cocaine at the duplex on Ridgeway Street in Jackson that the mayor and his entourage are accused of damaging with sledgehammers. Tammy Callahan said she also served as a lookout at the duplex, which Jackson city officials had described as a drug house. But during cross examination Callahan could not remember the address or the color of the duplex.

Brian C Johnson

Apr 11 2007

Thats the thing Ive been trying to kinds impart throughout this whole discussion. Its hard to get those charges to stick because its easy to hide evidence and dealers are pros at this. There could very well have been no physical evidence of any crack ever being produced in that house when they wrecked it. You cant arrest someone for having common kitchen utensils in their home dig? It does leave residue in pots and in jars but if washed out properly you'd have to damn near run forensics to catch it. Thats why its the distribution drug of choice. Its' a game that requires a littel more recon and little more street knowledge. kaze Yeah, I'm sure Welch with his paranoid schizophrenic condition is a savvy forward thinking crack producer! Your point doesn't fit the situation at hand...

pikersam

Apr 11 2007

Regardless if the house was a drug house, or people were actively selling or making drugs, a MAYOR cannot destroy the house. PERIOD! He cannot direct someone to raze it. It doesn't matter how many times the "house" has been investigated. There are procedure for getting houses demolished. Not only did he open himself up to these charges, he exposed the city to a lot of civil liability. Have we found out if this is going to be televised yet? PLEASE!

LawClerk

Apr 11 2007

He is going to be a horrible witness.

Kingfish

Apr 11 2007

Right, Brian. I just pulled that Oct. 12, 2006, Clarion-Ledger story off Nexis. What is absolutely remarkable is that their reporters do not go into their own archives to give context to their stories. That story started out: Jackson officials will offer to pay for the repair of a Virden Addition duplex that the mayor and his entourage are accused of damaging with sledgehammers. Pieter Teeuwissen, special assistant to the city attorney, said Wednesday his office has drafted a written settlement and plans to deliver it this week to the attorney for the duplex owner. "We will offer to pay to repair the house and bring it up to code," he said. However, it was unclear how much money the city is offering, and a copy of the settlement was not available Wednesday. Then, indeed further down in that same story: During Wednesday's hearing, Tammy Callahan said she smoked crack cocaine at the duplex nearly five days a week for more than a year but has been sober for the past four months. She also said she served as a lookout, watching for potential drug buyers and police. But Sweet questioned the witness' credibility during cross-examination because Callahan could not remember the address or the color of the duplex. So they have a crack user who can't remember where the duplex was who is going to say that she served as a lookout for it??? Is this their star witness??? If so, there is no wonder that Craig Washington decided to say in Texas. I still want to know how they are going to argue that their only response to such a well-documented, ahem, crackhouse was to go in and destroy it. None of it makes a lick o' sense.

DonnaLadd

Apr 11 2007

that all depends on if he was out of product or not really. In any case Welch was a middle or low man on the totem pole. Probably easy to manipulate so others were probably using that site as well to keep heat off of their spots. Once its cooked and "rocked up" the pieces amount to skittle sizes easily hid on ones person. Unlike marijuana there are not usually "stashes" and the wall thing has commonly been reserved for weed or bricks of powder cocaine. However there is usually a signature smell accompanying the cooking of crack. Welch wasnt on that level. I know you're lookin for that "evidence" but its a lot harder to "catch" than ya think. Fact is, he could have been completely out at the time or yes he could have had some on the property somewhere.

Kamikaze

Apr 11 2007

Kaze, I mentioned the wall thing because the mayor smashed them in.

Brian C Johnson

Apr 11 2007

..."the directions are so simple that even a person of limited capacity could make it. It's the easist way to make money in the inner city. " Obviously pikersam you didnt read that part of my post. Get your head out of the sand my friend and wake p to the real world. The procedure is as easy to learn as tying one's shoes. ANYBODY and I mean anybody slow-witted, limited capacity, whatever. You would be surprised my friend. But Ive said enought on that...out!

Kamikaze

Apr 11 2007

And BTW this was not a comment one way or the other on the legality of the house being destroyed, this was just some background for Brian on his initial question.

Kamikaze

Apr 11 2007

What's endlessly strange about the whole thing is that if this house had a "criminal history," it would have been very easy for the cops to get a search warrant. They then could have legally searched the house, and they would have found nothing but a crack pipe. Instead, they went in illegally and tore the place apart to find nothing but a crack pipe. However hard it is to catch a crack producer, Melton has this problem that's not going to go away. If the cops knew that Evans Welch was a producer, and that the house was a distribution center, why has he never been arrested for distribution? Why didn't they find any drugs in the house? Maybe Melton was "unlucky" because Welch had just run out of cocaine or something like that, but his case is so weak for there not being arrests along these lines.

Brian C Johnson

Apr 11 2007

They then could have legally searched the house, and they would have found nothing but a crack pipe. Instead, they went in illegally and tore the place apart to find nothing but a crack pipe. Brian, I don't think you could have made that any plainer.

LatashaWillis

Apr 11 2007

All this sorta reminds me of the OJ Simpson case.....create all sorts of doubt and media hype and get the judges, jury and the public to think of everything else but the actual evidence at hand. Hopefully the judge in this case will be strict in allowing evidence into his courtroom and stick to the facts at hand which are: 1. Did the mayor have legal grounds to vandalize a private home? 2. If not, what sentence should he serve for such property destruction?

GLewis

Apr 11 2007

My question is: When Evans Welch was booked at the HCDC, did they take urine and blood samples? And, if someone had given him 'crack' on the way to the jail, would long term use vs. immediate use be apparent? Also, do people go into withdrawal when they are addicted to 'crack' and suddenly removed from it? If so, then being at the HCDC for a week or so should have produced evidence of addiction if Welch is indeed addicted.

ChrisCavanaugh

Apr 11 2007

Just getting my head out of sand.... Here is "Inside a crack house"an amateur video of a crack house that seems almost educational in format by the guy hosting the video. You will see many signs of crack use in this video. From broken car antennas to smoke with to empty viles throughout the house are found while on tour in the video. Here is another video that paints an even darker picture of the living conditions of crack users and where they use their drugs. THIS VIDEO IS NSFW towards the end. However, this is a must watch if you really want to see how bad it can get. All I know is from the photos of the Ridgeway house that I remember, Welch was not living anywhere near the squalor as shown in these videos of crack houses. I can't seem to find the link to the Ridgeway photos; but, I recall that the house Welch rented didn't look like those in the videos. Well, that is until after Melton tore it up! A point to be made is why isn't the defense team able to get the neighbors right next door, and around the house to testify on behalf of the mayor? So far, all they got is a recently recovered crack addict that lives somewhere near-by. As of Oct., she was crack free for 4 months. I wonder how her addition is going? It is the hardest to quit without lots of support! Also, in houses where crack is being produced police say you tend to find baking power residue around the stove and sinks as it a main ingredient in crack. Obviously, JDP did not do a forensics test or they would have mentioned it at the Grand Jury or the "crack house" motion. Here is a guide from MN about what a crack house may look like and how you go about enforcing the law regarding the crack house. And sure, making crack seems easy. But, a person addicted to crack is not someone who takes the time to make sure that their "crack house" is a "crack home." ;-)

pikersam

Apr 11 2007

Kamikazi is correct on the fact crack is easy to make and doesn't require any special devices. He is a little off on the analogy that if he was making meth there would be signs. Meth takes batterries, cleaning fluids, the right cold medicine and heat and produces a toxic smell, and toxic waste, literally..... Being a defense attorney I am unfortunately well versed in drug production, price, etc.... Still crack makers are GENERALLY not users (crack is easier to make than meth but requires cocaine which is expensive). People who make crack and sell it, do not use it. They make money off it. Meth users and addicts do try to make it, since the recipe is on the internet and it contains every day chemicals. And while one wrong move kills them, they figure so what, it is THAT addictive. AGamma627

AGamm627

Apr 11 2007

"They then could have legally searched the house, and they would have found nothing but a crack pipe. Instead, they went in illegally and tore the place apart to find nothing but a crack pipe." Brian C. Johnson As things are unfolding, the abovementioned crack pipe could well have been left at Welch's by Tammy Callahan!

ChrisCavanaugh

Apr 12 2007

This is so stupid. If melton were at the house "because Welch cooked, made and sold crack," where was the evidence when melton arrived.? They did not say that he was caught making crack. And the things collected did not represent a business. As expensive as cocaine is, who in their right mind would trust such an operation to a paranoid schizophrenic who on any day without meds can mess up a junk yard? If the woman was a "look out" person, where is her evidence. These liars are making these stories up as they go. They should go into the movie industry.

justjess

Apr 12 2007

Okay, so let's just say the house is a crack house. What Judge signed off allowing the Mayor and entourage permission to knock holes in the wall large enough for a semi to drive through the front entrance? And, what Judge allowed this action knowing that it was a duplex and that another occupant lived just inches away?

JenniferGriffin

Apr 12 2007