Jackson Free Press

Read JFP's Melton Blog/Archive here.

At a hearing this morning on numerous pre-trial motions in the felony trial of Mayor Frank Melton and JPD officers Michael Recio and Marcus Wright, Judge Joe Webster ruled against most of the motions brought by defense attorneys.

Specifically, Judge Webster refused to remove District Attorney Faye Peterson from the case or to throw out the indictments based on complaints by the defense regarding the DA's conduct.

Webster ruled that the defense could say that the Ridgeway House had a "reputation" of being a crack house, but he ruled that defense attorneys may not discuss Evans Welch's criminal history, for now, nor may they discuss children buying or using drugs at the house.

Wright and Recio attended the proceedings, but Melton did not. Peterson, who was subpoenaed by the defense, sat with prosecutors. Members of the audience included city Chief of Staff Marcus Ward, city employee Stephanie Parker-Weaver and Melton's proposed director of Parks and Recreation Charles Melvin.

In arguments before Webster, Assistant District Attorney Dewey Arthur argued that defense attorneys should not be allowed to argue before the jury that the duplex at 1305 Ridgeway is a crackhouse, or a drug house, or a "drug distribution center." He complained that defense attorneys had not yet provided any police reports about alleged arrests at the Ridgeway duplex.

Defense attorneys argued in pre-trial motions that discussing the building's criminal history was an essential part of their defense. Arthur said it was hard to know how to respond because he didn't know what the theory of the defense would be. He speculated that defense attorneys would argue that the defendants had demolished the duplex due to "necessity," which would require them to admit that they had in fact demolished the duplex, or they would argue that defendants had been framed by unsavory characters in the neighborhood. Either way, Arthur argued, the law required that "a theory of defense must be legally correct," and he argued that discussing the history of the duplex had no bearing on whether the defendants were guilty of the crimes in the indictments.

Defense attorney Charles Mullins responded that they would not argue that the defendants were framed. Instead, they would undermine the idea that "malice" was involved in the defendants demolishing the duplex. "Our theory is that this was not a random house they chose," Mullins said. "They chose the house because it was a crack house under surveillance by a DEA-JPD joint task force."

Webster ruled that defense attorneys could assert that the Ridgeway duplex had a reputation as a crack house in the past, but they would not be able to refer to children buying or using drugs there. Prosecutors had sought to exclude discussion of children buying or using drugs based on testimony described in pre-trial discovery.

As for Welch's criminal history, prosecutors noted that he has no felony drug arrests. Ordinarily, defense attorneys would not be allowed to discuss Welch's criminal history except for "crimes of dishonesty" that might reflect on his credibility. Defense attorneys indicated in pre-trial motions their intent to introduce testimony that Welch produced and sold crack cocaine at the duplex.

Webster said he needed more information to determine whether or not defense attorneys could discuss Welch's criminal history, but that issue would be settled outside the presence of the jury.

"As far as opening statements and voir dire are concerned," Webster said, "I'll let you mention that the house had a reputation as a crack house, but that's the extent of it. It's not something I'm going to let you hammer and hammer on."

Senior Assistant DA Stanley Alexander then argued against allowing defense attorneys to discuss the "unusual speed" of the grand jury indictment, saying that such information was irrelevant and prejudicial.

Webster agreed. "If I would of had my way," he said, "we would have tried this case in February, and we would have done so had I not had rotator cup surgery. I feel bad for other defendants who are waiting longer for their day in court, but that has no bearing on this case."

Webster also threw out a motion from defense attorneys arguing the grand jury was improperly empanelled.

Webster then heard a motion from attorneys for Recio and Wright arguing that the indictments against them should be thrown out because they did not have probable cause hearings. Defense attorney Robert Smith argued that even though the attorney general had issued an opinion that such hearings, which are required before authorities issues arrest warrants for public officials like teachers and police officers, are not required when the defendants are indicted by a grand jury.

Webster ruled against defense attorneys on this count as well. "The purpose of that code section is to prevent someone from making an outrageous argument against a public official and damaging their reputation with an arrest," Webster said. He cited examples such as an arrest warrant being issued for a teacher who had spanked a child. "That is not the case here," he said.

When Smith objected, Webster said that he was confident in his opinion on the legislature's intent.

"Now what is this about the upper room, or whatever it is?" Webster asked, referring to a motion from defense attorneys to exclude all mention of events at the Upper Level night club on the same night as the Ridgeway incident.

Arthur said that the state has a video of the defendants at the Upper Level. Melton was carrying a "walking-tall stick," he said, and Recio and Wright were both carrying MP5 submachine guns, just as witnesses described them at Ridgeway.

Defense attorneys argued that the events at the Upper Level were irrelevant and prejudicial.

Webster agreed to exclude mention of the Upper Level, though he said he would allow the state to introduce evidence in rebuttal if it was warranted.

This decision may exclude testimony described in a motion filed by prosecutors (PDF, 64 KB) on April 12. That motion said that Josh Foster, a nurse, and Derrick Malone, a paramedic, were prepared to testify about Melton's behavior after Upper Level manager Tonari Moore was allegedly beaten while in handcuffs by Melton's associates following Moore's arrest the same night as the Ridgeway incident.

Malone would testify that when Melton accompanied Moore in the ambulance taking him to Central Mississippi Medical Center, Malone "smelled the aroma of alcohol." Because of the cramped quarters, Malone could not be certain where the smell originated, but he "observed that on the night in question Defendant Melton's speech was slurred." The motion goes on to describe how Melton refused to stop talking to Moore even as he was being treated for injuries. Melton threatened Moore's attorney, the motion states, after she asked him to stop talking to Moore, saying, "she did not want to mess with him because his attorneys would deal with her." The motion goes on to describe how Melton "retrieved an extra stethoscope from the ambulance, attached it to his head, and then placed the other end to the chest of the patient and stated, 'Nope, he doesn't have a heart.'"

Foster was prepared to testify that Melton refused to stop talking to Moore once they arrived at the hospital, the motion states. Moore told Foster that he did not want to speak to Melton, but "Melton then side-stepped Mr. Foster and continued to speak with the patient." When Foster called his supervisor, Melton relented and went across the hall to the nurse's station, according to the motion. "While Defendant Melton was across the hall," the motion states, "Mr. Foster heard Defendant Melton state that, 'I am the Mayor of Jackson and by tomorrow I will own this hospital.'"

The motion, which was signed by Alexander, represents one side in a legal argument.

Following the motion regarding the Upper Level, Mullins argued that the indictments should be thrown out because they did not specify during which of the defendants' two visits to Ridgeway they committed the crimes, citing burglary as an example.

Alexander argued that this specificity was unnecessary, and he noted that even in cases where the indictment listed dates wrong, the courts did not find that this merited throwing out the indictment.

Webster asked how long the gap was between the two visits. When Alexander told him it was only an hour, he ruled that the indictments would stand.

Smith then argued for the defense that count five of the indictments, causing or directing a minor to commit a felony, should be thrown out because the youth in question, Michael Taylor, had already been charged as an adult at the time of the Ridgeway incident.

Webster dismissed that motion very quickly. "A criminal charge treating him as an adult does not emancipate him in other respects," Webster said. He argued that by the defense's theory, any minor who was charged as an adult would then enjoy the full range of adult rights, including the right to enter into binding contracts.

The hearing then turned to the motion to dismiss the indictments because of Peterson's alleged inappropriate contact with Wright. The first issue the court considered was whether Melton had standing to bring the motion before the court, since it was Wright's constitutional rights at stake.

Melton attorney Dale Danks argued that Melton did have standing because Peterson allegedly told Wright that he could get out of trouble if he turned on Melton.

Webster found that Melton did not have standing, and then questioned defense attorneys on who exactly was bringing a motion against Peterson.

Smith, who is Wright's attorney, repeated arguments that Peterson had improperly offered counsel to Wright by telling him he was in "big trouble" but could get out of it by talking to the FBI. In response, the DA's office filed motions that disputed Wright's account, writing that Peterson immediately advised Wright to get an attorney. She did not improperly "counsel" Wright, the DA contended.

Today, Arthur noted that Wright had in fact gotten an attorney, namely Smith, who accompanied Wright to his meeting with the FBI.

Webster focused in on who initiated contact, Wright or Peterson. Smith argued that Peterson had initiated contact by telling Wright to contact her through intermediaries, but Webster was unmoved.

"I'm not going to remove the DA in this case because in my opinion, Marcus Wright initiated the contact," Webster said. He dismissed the defense motion.

Finally, Danks took exception to the motion the DA's office filed in late October that revealed Melton had sought a plea deal but then reneged. He said that Peterson had violated rules of professional conduct, as well as the court-imposed gag order, by disclosing the plea deal negotiations in a document she knew would be covered by the media.

It was then that Danks revealed why he had subpoenaed Brian Johnson of the Jackson Free Press and Chris Joyner of The Clarion-Ledger.

"After the motion," Danks said, "there were two major stories about it. One was written by Chris Joyner in The Clarion-Ledger. The other was by Brian Johnson in what they call a newspaper here called the Jackson Free Press. The language in these stories is taken verbatim from the DA's motion. In fact, the headline of the Jackson Free Press' story was 'DA Drops Bombshells.'"

Danks then argued that the purpose of Peterson's revelation had been to taint potential jurors.

Webster responded by asking Danks if he was seeking a change of venue.

Danks replied that they still had confidence in the people of Hinds County, and Webster threw out that motion as well.

Before the hearing this morning, the Jackson Free Press filed a motion seeking to quash Danks' subpoena (PDF, 100 KB) of JFP Managing Editor Brian Johnson. In the motion, Butler Snow attorney Malissa Winfield argued that Webster should quash the subpoena because defendants served it just hours before the hearing, they provided no description of the subject matter Johnson could expect to discuss and it "threatens the freedom of the press by forcing Mr. Johnson to testify about matters he has reported on behalf of Jackson Free Press." Later in the motion, Winfield noted that newspaper articles are "self-authenticating" and cannot serve as the basis for a subpoena. "Journalists should be free to write about controversial matters without the threat of subpoenas requiring them to give testimony not necessary to a case," the motion stated.

After Webster dismissed Danks' motion, Winfield asked the judge to rule on her motion to have the subpoena quashed.

"I'm not even sure why they were ever subpoenaed," Webster said. "But if you're asking if you're excused (from testifying), you are."

The felony trial of Melton, Wright and Recio is scheduled for April 23.

Previous Comments

ID

127106

Comment

Wow! Interesting!

Author

pikersam

Date

2007-04-13T10:08:24-06:00

ID

127107

Comment

This is good news! I'm sure that a lot of people thought that Judge Webster would rule heavily in favor of the melton camp. All one can ask for is fairness and that's on both sides. Thanks pickersam for the information and giving the time of the hearing. It was over by the time I made it.

Author

justjess

Date

2007-04-13T10:21:07-06:00

ID

127108

Comment

103.7FM in about 15 minutes. :-)

Author

Todd Stauffer

Date

2007-04-13T10:46:42-06:00

ID

127109

Comment

I love the spin that the C-L puts on the story. They can discuss it being a "crack house!" Oh, and as an aside: he denied all the other motions. Idjits. Maybe Melton should be hired as their editor-in-chief. He couldn't do any worse...

Author

Lady Havoc

Date

2007-04-13T10:54:11-06:00

ID

127110

Comment

Not all of us can pick up 103.7 all of the time. Today is one of those times, darn it!! Anxious to get a true take on the events in Court today. The noon TV news was not very informative. Guess you will have a pod-cast later??

Author

ChrisCavanaugh

Date

2007-04-13T11:27:15-06:00

ID

127111

Comment

Yes!!! They are talking about the testimony of the ambulance driver and people at the hospital about how Melton acted the night of Moores beatdown. Said he would own this hospital! Then played doctor! Oh lordy!

Author

pikersam

Date

2007-04-13T11:31:16-06:00

ID

127112

Comment

So, they got video eh! Ridgeway is minor. Once it is over, the Upper Level stuff will bring him down if they press charges.

Author

pikersam

Date

2007-04-13T11:34:18-06:00

ID

127113

Comment

I just posted a massive update to this story, and more is on the way.

Author

Brian C Johnson

Date

2007-04-13T13:54:48-06:00

ID

127114

Comment

I simply am speechless at The Clarion-Ledger's version of what happened today. Were they in the same courtroom that we were!?! The prosecutors won the motions across the board. Even the "crackhouse" thing is a victory if you listened to everything that was said. I've said it before: I have never seen a worse newspaper than The Clarion-Ledger.

Author

DonnaLadd

Date

2007-04-13T14:12:32-06:00

ID

127115

Comment

By the way, what's up with that frivolous subpoena Danks served on us!?! Did he think the judge was going to make Brian show up and testify about an article he'd written without being told what it was about and with no notice? (Of course, being that all those motions were shot down, it wasn't even an issue.) And I have to admit that I laughed at loud at Danks' characterization of the JFP. I thought he would be above trying to imbed petty barbs at our witta, itsy-bitsy, teensy-weensy newspaper when he was talking to the judge. It sounds like the defense is completely disorganized, serving vague subpoenas hours before a hearing; not getting the police reports into discovery. With all those high-priced attorneys, you'd think they could manage to get their paperwork done. The biggest news today was the vindication of the D.A. on the whole Marcus Wright point. The judge ruled down the line for the arguments the prosecution made in the motion that we reported on last fall. It strikes me that these motions today really cut the legs out from under the bodyguards. It makes me wonder if they could end up *worse* off then Melton because Danks and Coxwell argue that the police officers ont he scene did not stop him from committing a crime. Just a thought, but Recio and Wright seemed to end up with nothing whatsoever today. Also, interesting that city employees Marcus Ward, Stephanie Parker-Weaver and Charles Melvin were all in the courtroom the whole time. Is that what they're being paid to do? Also, white rebel Jim Giles was there as well. No word on which "side" he is on.

Author

DonnaLadd

Date

2007-04-13T14:29:35-06:00

ID

127116

Comment

Thank god we have "what they call a newspaper here called the Jackson Free Press." and not just the CL. Yesterday they played up the D.A. being subpoenaed and defense's accusations and then don't mention her being vindicated in their story

Author

jd

Date

2007-04-13T14:40:46-06:00

ID

127117

Comment

More updates, including a description of the motion we discussed on the radio describing testimony that Melton may have been intoxicated the evening of the Ridgeway incident. Look about halfway down in this story to see that (search for the word "Foster" if you're so inclined), and we'll have the PDF for you shortly.

Author

Brian C Johnson

Date

2007-04-13T14:44:04-06:00

ID

127118

Comment

The CL is always playing politricks. What dog do they have in this fight that would keep them from reporting the news as it is rather than how they would like it to be. I understood this when they were trying to help defeat Johnson and finally ended up with a formal endorsement for Melton. This was their man and he was treated royally by the CL. What did Peterson do to the CL that they could turn such a deaf ear. These are things that make you go hummmmmmmmmmm!

Author

justjess

Date

2007-04-13T14:47:27-06:00

ID

127119

Comment

Oh, and a quick note on Goliath. Their headline is "Melton's Attorneys Can Discuss Alleged Crack House," as if that is what happened today. But look at their first two paragraphs. Judge Joe Webster ruled today that Jackson Mayor Frank Melton's attorneys can briefly discuss a duplex on Ridgeway Street as what they call a "crack house" in the upcoming trial. Notice that bit about "briefly" in there? They don't quote him saying he won't allow them to "hammer and hammer" on it, or the fact that he threw out most of the other things they wanted to use in relation to the duplex's "criminal history." Then there's their second paragraph: Webster heard pretrial motions in Hinds County Circuit Court at 9:30 a.m. He denied all the other motions. This should read "he denied all the other defense motions," though he did not outright deny mentioning Welch's criminal history (though he seems skeptical), and he was inclined to exclude discussion of the Upper Level. My point is that even based on their own tiny, half-assed story, their headline is a horrible description of what happened.

Author

Brian C Johnson

Date

2007-04-13T14:48:41-06:00

ID

127120

Comment

Here's the JFP radio page, including a link to today's show audio: JFP on WLEZ

Author

Todd Stauffer

Date

2007-04-13T14:48:44-06:00

ID

127121

Comment

I just posted PDFs to this story. Catch up, Goliath!

Author

Brian C Johnson

Date

2007-04-13T14:57:47-06:00

ID

127122

Comment

The CL is always playing politricks. What dog do they have in this fight that would keep them from reporting the news as it is rather than how they would like it to be. I don't know, justjess. It doesn't make any sense. This may be one of the most blatant examples of Ledger bias (and incompetency) I've witnessed to date, and there have been a lot of examples. They clearly despise the DA. There is no other way to put it.

Author

DonnaLadd

Date

2007-04-13T15:09:04-06:00

ID

127123

Comment

The crappy Clarion-Ledger article is not linked to the front page of their site anymore. Maybe they took it back to re-do it??? Let's hope so. It was truly, truly, truly pitiful.

Author

DonnaLadd

Date

2007-04-13T15:19:31-06:00

ID

127124

Comment

Brian, I am glad your subpoena was quashed. Congrats. As for all the other stuff. Congrats to the DA. She deserves some positive results for all the hard work she is doing. Imagine how much more she could do if she did not have to focus on the city leaders and their illegal tactics. Thanks also for the quick updates. JFP ROCKS!!!!!!!!!!!!

Author

kdbstlrfan1

Date

2007-04-13T15:34:28-06:00

ID

127125

Comment

Well yesterday they gave proof that they are reading the JFP site, they reported that the JFP website was reporting that Brian Johnson was also subpoenaed, so hopefully someone read the article here and took the cl one down out of embarrassment

Author

jd

Date

2007-04-13T15:34:30-06:00

ID

127126

Comment

How about WLBT's lame attempt to skew the facts yesterday about what was to happen today? Peterson and Others Subpoenaed Hinds county D.A. Faye Peterson faces a hearing tomorrow morning before Special Circuit Judge Joe Webster. Peterson is just one of the parties suboenaed by attorneys representing Melton. Others include FBI agent Philip McDonald, attorney Edna Stringer, and city hall staffer Kristi Moore. The Clarion-Ledger and the Jackson Free Press are also reporting members of their staff being soebenaed. Melton's lead attorney, Dale Danks, is accusing Peterson of prosecutorial misconduct. He says the D.A. offered leniency to one of Melton's co-defendants, if he turned on the mayor. Attorney Edna Stringer allegedly set up that conversation. I guess all those other motions didn't amount to much WLBT? However, they do have the most important motion mentioned. The question will be today will they stress how important Judge Websters ruling on behalf of the DA is? BTW: They misspelled subpoena twice - differently each time - in their story. But, like I can complain! ;-)

Author

pikersam

Date

2007-04-13T15:43:27-06:00

ID

127127

Comment

I think the CL story just dropped over to the right side updates section. Of course they read the JFP. I can only imagine how much internet ad revenue is generated from City Hall? I'm sure it rivals anything jess, Kingfish, Ray and I can do in any given day? ;-)

Author

pikersam

Date

2007-04-13T15:46:46-06:00

ID

127128

Comment

Well, if they led with that yesterday (as did the Ledger), could we assume that they will lead with the *outcome* of the DA issue today??? The Ledger didn't; it's as if they wanted to change the subject when the limp (and truly remarkable) effort to remove Peterson failed.

Author

DonnaLadd

Date

2007-04-13T15:50:51-06:00

ID

127129

Comment

Looks like WJTV will have Danks on tonight. Their daily update is really weak: Judge Joe Webster rules the case against Mayor Frank Melton will go on as scheduled. The judge ruled not to dismiss the case. Coming up Tonight at Five, We'll have reaction from Melton's attorney Dale Danks. The judge also denied the motion to question the grand jury. Mayor Melton is scheduled to go on trial later this month. Melton and his former bodyguards are accused of damaging a home on Ridgeway Street. At the time, someone lived in the home. Mayor Melton and his former bodyguards all face felony charges. Didn't want to print the whole story; but, that's all they got!

Author

pikersam

Date

2007-04-13T15:51:09-06:00

ID

127130

Comment

They don't mention the DA ruling!?!

Author

DonnaLadd

Date

2007-04-13T15:54:21-06:00

ID

127131

Comment

Note that Goliath now has some fuzzy-wuzzy animals on their front page. The headline is "Jackson Zoo Welcomes Spring Arrivals." It even has a gallery! Miss a day. Miss a lot. Yeah right.

Author

Brian C Johnson

Date

2007-04-13T15:58:55-06:00

ID

127132

Comment

I just watched a round of the news. Can I say here, again, that the bias against the prosecution is simply remarkable? If the D.A. being subpoenaed was the lead story yesterday, or the day before, the OUTCOME of that should lead their reports today. However, what much of the media has done is gone in and looked for the one positive (sort of positive, actually) for Melton and are leading with it. There is nothing ethical about this. It's really horrifying, and blatant, to watch. In other words, the media (or most of them) are helping to taint the jury pool in Melton's favor by twisting what really happened against the prosecution.

Author

DonnaLadd

Date

2007-04-13T16:14:15-06:00

ID

127133

Comment

Excellent story above. Alot more facts than was put up there by the CL. surprise.

Author

Kingfish

Date

2007-04-13T16:21:44-06:00

ID

127134

Comment

Here's what gets me. If you read Goliath's story yesterday, you would have no sense of how it could even be possible for the DA to prevail in Danks' motion against her. They spend paragraphs describing Danks' accusations against her, and then this is their version of her defense. Peterson did not return a call seeking comment, but at the time Danks filed the motion last fall, she dismissed the accusation. "The motion said I contacted a defendant?" she said. "And the point is what? That's so crazy." That is the totality of their description, as if Peterson just said "Oh huh!" and left it at that. They did not write that she said she advised Wright to seek counsel. They did not quote anything from the motions the DA's office filed in response last October. Set aside questions of bias for a moment and just look at understanding the news. If you read Goliath alone, you would be utterly baffled that Peterson prevailed today. That should embarrass the hell out of them even if they do despise Peterson. People read The Clarion-Ledger while they get their coffee, and then they read the JFP to find out what's really going on.

Author

Brian C Johnson

Date

2007-04-13T16:25:49-06:00

ID

127135

Comment

you are assuming they weren't too lazy to read the motions. Joyner probably was.

Author

Kingfish

Date

2007-04-13T16:28:53-06:00

ID

127136

Comment

"If the D.A. being subpoenaed was the lead story yesterday, or the day before, the OUTCOME of that should lead their reports today." Ladd Thanks, Donna. I did not know that practice was unethical but I have long been irritated by it. Used to complain loudly that "I wanted the rest of the story!" It would often take much prying and research to discover the outcome, if I cared enough to find out. Perhaps this practice accounts for the current 'three day cycle of interest' I've read about. I am going to sleep better tonight knowing that Judge Webster issued a thoughtful and fair ruling today. He obviously does not play games and that is fine with me. One further thought: I am horrified that anyone would enter a crowded night club with submachine guns. Somehow I had missed this salient fact and find it to be as repugnant as the beating of someone in handcuffs. Is this a standard practice for JPD? Is it continuing now? (ie: The use of submachine guns as a show of force?)

Author

ChrisCavanaugh

Date

2007-04-13T16:34:33-06:00

ID

127137

Comment

Adventures in Journalism, Lesson 379 I cannot stand to watch the bad journalism coming out of The Clarion-Ledger right now. Look at this headline yesterday: Hinds DA to address misconduct accusations OK, first, that is incorrect. The fact that Danks sent her a subpoena did not mean that the judge was going to make her "address" anything. And he didn't, in rather dramatic terms, as he dismissed those motions by the defense today. The Ledger and reporter Chris Joyner and the headline writer should have known the difference between getting a subpoena and having to testify. In that same story, note that reporter Joyner did not bother quoting the D.A. return motion about the speaking-to-Wright matter. She is under gag order in this case and could not respond to him, and he did not bother to quote her response in that motion. It's too bad that he skipped over that primary source sitting in his file, being that the judge signed off on her argument completely. Thus, The Clarion-Ledger left her response out of their front-page piece about her yesterday, and then again today out of the piece, which didn't bother to explain that the prosecution won a major victory today. And as I said already, if that was the most important motion yesterday, then the outcome of it should be the most important outcome today. That would be journalism 101. But, no, as you can see from their online story, they are scrambling to frame today as a Melton victory, shifting the focus to the "crackhouse" point (without explaining it as Brian has shown already). Up until this round of stories, I thought it was simple incompetence on The Clarion-Ledger's part, as we see in so many ways every day in that paper. Today, I'm beginning to believe that it is a purposeful effort to help Melton and hurt Peterson. How can they be this incompetent? Remember after the gun trial when the Clarion-Ledger editorial board wrote an editorial blaming Peterson for the pleas? Where did that come from? Was that just incompetence as well? What game are they playing? Whatever it is, this game is harmful to the city of Jackson and the knowledge of our citizenry as to what is really going on. Of course, we're hearing that left and right these days, literally—people all over the political spectrum, public officials, everyday citizens, you name it, are talking about how that newspaper cannot deliver news. They ought to stop littering our front yards with garbage and stealing our newspaper racks and consider what their real problem is. This week's "reporting" on this trial proves it.

Author

DonnaLadd

Date

2007-04-13T16:38:52-06:00

ID

127138

Comment

OK, here are examples from Joyner's story yesterday. Early in the piece, he writes about Danks' motion: Danks would not comment Wednesday, but in October he filed a motion accusing Peterson of prosecutorial misconduct over a telephone conversation she had with Melton bodyguard and Jackson Police Department Detective Marcus Wright. Later in the same piece, he ignores Peterson's motion that had responded on the Wright matter, and used this instead: Peterson did not return a call seeking comment, but at the time Danks filed the motion last fall, she dismissed the accusation. "The motion said I contacted a defendant?" she said. "And the point is what? That's so crazy." Where is the language from her motion from last fall responding to everything Joyner just wrote? Does he give a damn? This is simply hideous journalism.

Author

DonnaLadd

Date

2007-04-13T16:41:51-06:00

ID

127139

Comment

I would like to know more about this DEA-JPD joint task force that was staking out the house. That just deosn't seem like a claim you would throw out lightly? How the heck did they miss the pimped out horse from the WLBT video while casing the house?

Author

pikersam

Date

2007-04-13T18:33:19-06:00

ID

127140

Comment

This is my theory on why the CL didn't like Harvey and why they don't like Peterson. First we must explore how newspapers make money. They make their money by selling advertising space to businesses. Most businesses that advertise in the CL are owned by people that live outside Jackson. Therefore, these advertisers are the constituents that the CL wants to please. That is why the CL speaks so highly of Madison, Clinton, Pearl, etc. and conversely never says anything good about Jackson. When Harvey was in office, he refused to take federal money which was earmarked for Jackson and distribute it to the METRO AREA which would include Madison, Clinton, Pearl, etc. His predecessors did this on a regular basis. This did not make the constituents of the CL happy. Hence the constant assault on Harvey regarding crime even though the JFP reported that crime was actually down during Harvey's tenure. In a side note, since Harvey was not a clown like Melton, he just didn't make for flashy headlines. Flashy headlines sell papers which get the ads of the constituents out to more people. The CL wants to prove that it can control politics and elections in the city of Jackson. Now on to why the CL dislikes Peterson. She is a not a member of the good ole boy network and does not wish to be. She believes in prosecuting all lawbreakers not just those that can't afford to hire one of the premier attorneys from the good ole boy network. And secondly, Peterson won't let the CL run her office and neither did Harvey. You must remember that in the last election the CL endorsed Peterson's opponent even though he had absolutely no criminal experience whatsoever. Neither prosecutorial or defense. But he would have been a member of the network. Remember, Frank is a puppet of the network. But the network has discovered that it can't control Frank and now he is a liability. The CL would probably still be covering for Frank but for his throwing one of their reporters out of a press conference. And finally, the CL can't say too much good about Peterson b/c it still may decide to endorse one of her opponents. Remember, it has to keep its constituents happy.

Author

thetruth

Date

2007-04-13T20:20:24-06:00

ID

127141

Comment

Well, Truth, the Clarion-Ledger did a 21-year study showing that crime was down 24% under Moore/Johnson compared to the apex during that span.

Author

ChrisCavanaugh

Date

2007-04-13T20:35:42-06:00

ID

127142

Comment

If that is the case Truth, then why did the CL ENDORSE harvey when he first ran for re-election?

Author

Kingfish

Date

2007-04-13T21:40:55-06:00

ID

127143

Comment

Who was his competition the first time? I remember Alice Harden running one time. Besides, they had to have something to beat him over the head with. They didn't have the crime issue during the first election nor did they have Frank.

Author

thetruth

Date

2007-04-13T21:46:50-06:00

ID

127144

Comment

They didn't have crime? Crime has been an issue since the late 80's. The early 90s saw over 100 homicides in one year alone so yes it WAS an issue and has been for quite awhile. The CL criticized him for his handling of the crime issue, which was legitimate as he treated robert johnson very badly, hired bracey, then let the Police dept. go without a chief for a VERY long time. However, it praised Harvey for his work on the infrastructure and getting federal funds. It said Harvey was good at those things even though they were not glamorous and don't receive much attention.

Author

Kingfish

Date

2007-04-13T21:50:42-06:00

ID

127145

Comment

Wow! I was away all day and heard the evening news and all I can say is, Wow. I read your story above and get the real news. I'm a little more hopeful about this Judge and his rulings were fair. Glad to know he was thoughtful and inquisitive, but stuck to law. Maybe.... And I'm just amazed at the whole interaction at the club. Would love to know if DEA was really involved, and why? And the interaction at the club described by the nurse and paramedic..if true, maybe the Mayor needs to be brought back before a Judge - like former attorney Paul Minor - and tested to see if he's violating probation by drinking.

Author

JenniferGriffin

Date

2007-04-13T22:46:53-06:00

ID

127146

Comment

Follow the Money Mr Truth! I tend to think that if CL can foment discord they will sell more papers. Anyone who wanted discord would have to pick Frankie over Harvey hands down. I am really regretting not voting for Harvey after listening to all the stuff about him being slow . . . because I really liked his push for the Jackson Convention Center in the spot they picked. Pure brilliance in my opinion. Ok, on the subject of this judge: Surely he was picked to rubber stamp letting Melton off? I mean, didn't the supremes pick him? I would eat my hat if he ever spends a day in jail - the fix is in. (But hey, I would really love to be wrong!)

Author

Danno

Date

2007-04-14T04:58:00-06:00

ID

127147

Comment

Danno, I think that Judge Yerger appointed him, didn't he? And the truth is that appointing a retired judge from elsewhere may have been just the thing. It seems that Melton has some sort of tie with nearly every local judge, or they are too cowardly to preside over his trial. Webster was impressive yesterday. It struck me that all of his decisions were fair, and what one would have expected in a non-circus. I mean, the defense motions about the D.A. and the grand jury, not to mention Michael Taylor, were simply absurd, and he treated them that way in open court. He seemed to show that he has no intention of letting the defense get Melton and the bodyguards get off by allowing the legal team to turn the DA, sheriff and AG into demons for doing the job they were all elected to do. I was very relieved to see that. That doesn't mean it'll be an easy case going forward, of course. There will be attempts to discredit witnesses and influence the jury pool on irrelevant issues (like the duplex's "criminal background," as Joyner so absurdly called it in the Ledger last week). Also, I think it's really important to look at how the defenseless the bodyguards now seem to be. I really could imagine a scenario where a jury would send them up and not the mayor because they are police officers who know better—and it would be a way to let Melton off if a juror doesn't want to convict them. I personally think they're in a very tough position. And, it's really odd that they (or Wright, at least) is represented by an attorney whom we presume that Melton is backing for D.A. against Peterson. That doesn't mean Smith won't work hard to protect his client, but it sure is a complicated, incestuous scenario. I rather feel sorry for Wright and Recio. They are pawns in a game, and didn't know any better, I suspect, than not to follow orders from someone they thought is Teflon. Well, Melton may be—but that doesn't mean that they are. They could be held accountable, and go to prison, for his actions because they didn't step up as police officers and stop him. In many ways, those two men were the big losers yesterday, I think. I can't help but feel bad for them.

Author

DonnaLadd

Date

2007-04-14T09:08:14-06:00

ID

127148

Comment

Oh, and if anyone should be held accountable for putting those two men in the position of having to take potentially illegal order from Melton, it is Police Chief Shirlene Anderson, the grand enabler.

Author

DonnaLadd

Date

2007-04-14T09:09:14-06:00

ID

127149

Comment

The Ledger's piece today is slightly better than yesterday's ridiculous report. (Glad we nailed them here, or I bet you this one would have led the same way.) One weird thing, though: reporter Jimmie Gates says the courtroom was "nearly packed." Was he even there!?! It wasn't a third full. Where do they get this stuff? It reminds me of Stringfellow writing that Melton was wearing his cap backward that night I was on the ride-along, and Stringfellow (supposedly) saw him/us get off the MCC at UMC. Melton never wore his cap backward the whole night. Welcome to The Clarion-Ledger Bizarro land. Also, it's funny to me that the Ledger is leading with the "Walking Tall" stick. I could be mistaken, but I think this is the first time they've reported that fact that we learned from witnesses many months ago and reported. Just sayin'.

Author

DonnaLadd

Date

2007-04-14T09:17:13-06:00

ID

127150

Comment

weird. Jimmie is a good reporter and is a much better writer than joyner.

Author

Kingfish

Date

2007-04-14T09:25:59-06:00

ID

127151

Comment

i believe judge webster was appointed to hear the case by supreme court chief justce smith after all judges were either recused or removed.

Author

chimneyville

Date

2007-04-14T09:38:29-06:00

ID

127152

Comment

I don't remember seeing him there, but maybe he was in the balcony—meaning he couldn't see whether the courtroom was "nearly packed" or not. Also, I just read the AP story, and the Ledger clearly took much of the meat of their story from the wire. Sigh. AP didn't mention anything about a "nearly packed" courtroom, though. That error seems to belong to the Ledger. They still buried the lede on the D.A. winning most of her motions, though—which is gross considering that erroneous front-page story earlier this week about her having to "address" her actions in the hearing. So they helped the defense get that out in front of the jury pool (and the voters), but then didn't give the outcome equal billing. That figures. BUT, it's much better than that crap they threw online yesterday. I do wonder why they're not reporting on the motion filed yesterday by the prosecution alleging that Melton was sh!tfaced (not their word) during the Ridgeway-Upper Level "raids." They seem to practically report the defense's motions verbatim.

Author

DonnaLadd

Date

2007-04-14T09:41:46-06:00

ID

127153

Comment

Thanks, Chimneyville. I stand corrected, and I remember that now.

Author

DonnaLadd

Date

2007-04-14T09:42:23-06:00

ID

127154

Comment

Also, isn't there still a gag order on the attorneys in this case? Did I miss it being withdrawn? If so, why was Danks on WJTV in a lengthy (for TV) interview talking about the kids who supposedly bought drugs in the "crackhouse"—being that the judge said in no uncertain terms yesterday that he would not allow those allegations into the trial? Danks even said something about "if" the info gets in, it would prove ... blah, blah. (I would link it, but WJTV has the most user-unfriendly Web site in town.) That piece was so biased toward Melton that it made me dizzy. Of course, WJTV is his friend these days, and they work with The Clarion-Ledger. So what do we expect? Per usual, WAPT had the best TV coverage yesterday. So what's the word on the gag order? Did I miss something?

Author

DonnaLadd

Date

2007-04-14T09:46:19-06:00

ID

127155

Comment

Don't get me started on the Clarion Ledger, I have been in towns with bad papers but this one takes the cake...but at least we have the JFP now as a source of reliable news. As to Melton's minions, yeah, they are in a bad position, and hopefully their underling status will factor into whatever penalty they are assessed.

Author

GLewis

Date

2007-04-14T09:48:54-06:00

ID

127156

Comment

I don't know, GLewis. I'm beginning to smell a scenario where they could take the fall. I mean, they are police officers, and he wasn't. They not only (allegedly) watched him commit several crimes; they helped him. With all the misplaced sympathy for Melton in the community, I can imagine both judge and jury believing someone should serve serious time in this matter. And if the jury hangs on Melton, they might not on these two young men. I think their plight got much more serious yesterday, and that is the story behind the headlines.

Author

DonnaLadd

Date

2007-04-14T10:03:39-06:00

ID

127157

Comment

I had some dealings with this Gates fellow a few years back. He didn't keep his word!

Author

Truthseeker

Date

2007-04-14T10:07:44-06:00

ID

127158

Comment

[quote]Danks didn't ask to move the trial to another county. After the hearing, Danks said he did not do so because "Mayor Melton and I have every confidence the people of Hinds County will make a fair decision."[/quote] -- from the CL article There's his strategy. Get enough of the sheep of Hinds County on the jury and simply tell them to find Frankie-boy innocent. Quick and Easy.

Author

Ironghost

Date

2007-04-14T10:21:29-06:00

ID

127159

Comment

I've lost a lot of respect for Recio. Especially after the flip-off to the people at Melton's house when he was released from jail. I just have no earthly idea why someone would put his own future in jeopardy like he's doing. When this video is released (if they have a video), I don't know how any jury wouldn't convict this gang. But stranger things have happened, so I guess we'll see. I'm still waiting to hear if the trial is going to be televised or not. I want CourtTV in on it to televise it if it goes public. lc

Author

LawClerk

Date

2007-04-14T16:22:55-06:00

ID

127160

Comment

Lost respect???? I have been a loyal reader of the JFP for years now. I have never chimed in and only recently become a member(feelin the hate of the suburbs). I have watched the bat mobile come through my neighborhood, watched the eyes in the sky light up my block, continue to see the JPD (in patrol cars) pick up their kids from our daycares. What respect have you ever had for this administration? They do what they want whenever they want. I am not a native but have been here for 10 years but this has never happened before this administration. This will never changed until WE CHANGE IT.

Author

old&tired

Date

2007-04-14T16:51:33-06:00

ID

127161

Comment

I an glad we have a actual newspaper in Jackson that will actually print the facts.I was unable to attend court but what i read in the Clarion Liar and what really happened seem to be two different courtrooms.What is so difficult about reporting the news? I think Ms Ladd we also need a news program put out by jfp. The media can motivate citizens to become more active by giving them factual info.As long as CL and the tv stations in Jackson continue to under report the stories that can make you go hmmm the apathy will continue.The news we get from the so called established media is lacking no real digging for the true stories no real questions asked.I appaud JFP for standing for integrity.I really do think you guys should have your own news show.

Author

GRNY1

Date

2007-04-14T19:30:54-06:00

ID

127162

Comment

I'm surprised at the JFP's choice of attorneys in this matter. I thought the JFP had something against Butler Snow since the firm is moving "to the former cow pastures of Ridgeland in 2009, taking hundreds of jobs out of downtown." Great reporting, but I just thought somebody should point out the irony of your attorney selection.

Author

msshooter

Date

2007-04-14T21:37:29-06:00

ID

127163

Comment

Heh. I'm hoping JFP has good attorneys, at least as good as the ones Melton has, although under ideal circumstances they'd never need them. Wherever they are located, Butler Snow is an excellant firm. And getting back to the JPD police officers involved with Melton, hopefully the district attorney will be judicious with them after the Melton trial-if he is found guilty, the pressure will be off (or am I assuming wrong here) to be "strict" on those 2.

Author

GLewis

Date

2007-04-14T22:09:27-06:00

ID

127164

Comment

Actually, mssshooter the City Council was the most out spoken critic of Butler, Snow and took legislative action against them by yanking a contract. However, Butler, Snow is a fine law firm, and I'm glad to know the JFP hired some of the best. Sure they wrote about the move, and lots of folks here like to harp on the flight to the burbs. Don't blame the JFP for that. I think almost worst than Butler, Snow moving is that the building the Parkway is building next to One Jackson place is going to be shorter than the surrounding buildings like One Jax and Old DGBN. I think if you are going to build a relatively tall building in the heart of downtown you should build a building that is taller than any other downtown - which wouldn't take much. If you are not going to add to the skyline of Jackson from I-55 or I-20 and Jackson State Pkwy what is the point! We need more skyline type buildings right around their, not one that will hide behind the others. I hope they plan some high-rise walkways between some of the other buildings - those are cool when they are really high!

Author

pikersam

Date

2007-04-14T23:19:51-06:00

ID

127165

Comment

Piker, I'm remodeling the JFP site. check out this link and let me know what you think. new look

Author

Kingfish

Date

2007-04-14T23:32:36-06:00

ID

127166

Comment

Pike, if that link don't work try this; try again

Author

Kingfish

Date

2007-04-14T23:39:02-06:00

ID

127167

Comment

Msshooter, I appreciate your concern about our choice of attorneys. A little-known fact about the good media attorneys of Mississippi is that most of them work for The Clarion-Ledger and, thus, cannot do work for the JFP. The Clarion-Ledger is like that. As a result, our options become more limited due to no fault of our own. Fortunately, John Henegan at Butler-Snow is an amazing attorney with a long history in Mississippi, and knows the media. And we are thrilled to be working with his associate Malissa Winfield, who is graduate of Ole Miss law school and the Columbia Graduate School of Journalism. All that said, I believe strongly that Butler-Snow should stay in Jackson. Unfortunately, they didn't ask me. ;-)

Author

DonnaLadd

Date

2007-04-15T08:42:26-06:00

ID

127168

Comment

Yeah, I know Terrell Rushing and Van Slyke represent them or have in the past and have worked at several firms if I am not mistaken, correct?

Author

Kingfish

Date

2007-04-15T08:57:00-06:00

ID

127169

Comment

A good explanation. Butler Snow is a fine group. I just thought JFP had something against them, and I was mistaken.

Author

msshooter

Date

2007-04-15T09:06:45-06:00

ID

127170

Comment

msshooter: one rule of thumb is you hire the biggest shark you can afford. :)

Author

Ironghost

Date

2007-04-15T10:22:55-06:00

ID

127171

Comment

... or can't afford. ;-) Yes, but they hire other good media attorneys as well in other firms. They can afford to have any and all the attorneys they want. Brian may have mentioned this already but Van Slyke cannot go on the record for us on public-record matters on behalf of the Mississippi Center for Freedom of Information because he also works for The Clarion-Ledger. Nice, huh? The Clarion-Ledger wants to use their muscle to make sure we're excluded from anything they can. That's how Goliath operates.

Author

DonnaLadd

Date

2007-04-15T11:20:32-06:00

ID

127172

Comment

There also aren't that many media attorneys in this are if I am not mistaken, right? I think the two I mentioned are the main ones here in Jackson. I will not be surprised if they put most of them on small retainers in order to keep them off limits to you.

Author

Kingfish

Date

2007-04-15T11:23:06-06:00

ID

127173

Comment

Actually, some really good ones are also at Phelps Dunbar. We've worked with them in the past, but they are representing The Clarion-Ledger in the TDN distribution scheme. I like them as people, though, and have nothing negative to say about those attorneys. Now, The Clarion-Ledger, on the other hand ...

Author

DonnaLadd

Date

2007-04-15T11:51:53-06:00

ID

127174

Comment

It's the way to win: deny your opponent any legal representation.

Author

Ironghost

Date

2007-04-15T14:40:01-06:00

ID

127175

Comment

That's how Tony Soprano defended his divorce.

Author

msshooter

Date

2007-04-15T20:07:12-06:00

ID

127176

Comment

The CL is finally reporting that the State plans to call witnesses to testify that the Mayor was drunk on the night of the incident. It's on the CL webpage under the update section.

Author

thetruth

Date

2007-04-16T16:00:39-06:00

ID

127177

Comment

The Ledger finally got around to reporting the motion about Melton being drunk the night of Aug. 26. And, lo and behold, here's a sentence with THREE passives in it. That's good, even for the Clarion-Passive-Ledger: Moore was taken to the hospital after allegedly being beaten by members of the mayor's entourage and handcuffed by one of Melton's police bodyguards. Here's the best part, though—check out the last line: The motion is dated April 12, but was discovered today in the case file. OK, besides the awful passive, this is a ridiculous way to end this piece. Actually, it "was discovered" Friday by the Jackson Free Press. And was reported. Amazing.

Author

DonnaLadd

Date

2007-04-16T16:34:46-06:00

ID

127178

Comment

Jinx, thetruth. It's funny that it took them so long on this one, considering how fast they've reported Danks' motions. (BTW, for anyone who cares, that short piece contains seven passive constructions.)

Author

DonnaLadd

Date

2007-04-16T16:37:05-06:00

ID

127179

Comment

Ms Ladd: instead of making comments about how often you scoop the ledge and mentioniong in each thread how you have scooped them, how about you just have a scoop meter somewhere on the page where you can just list the story you beat them on, how bad you scooped them, and a link to a blog that explains how badly they were scooped. Could be fun. No commentary, no digs at the ledge, just display the facts and let them speak fo rthemselves.

Author

Kingfish

Date

2007-04-16T16:39:24-06:00

ID

127180

Comment

It'd be easier to list the times they actually did their own work. :D

Author

Ironghost

Date

2007-04-16T17:50:10-06:00

ID

127181

Comment

In Goliath's print-edition story on the Upper Level testimony today, they repeat their claim that the motion about Melton being drunk was filed April 12 but "only made public Monday." That is patently false, as anyone who reads the story above can see. We got that document on Friday, just after the pre-trial hearing ended, and posted the story above Friday afternoon. If the document was only made public on Monday, how did the Jackson Free Press make a PDF of it available on Friday?

Author

Brian C Johnson

Date

2007-04-17T09:57:19-06:00

ID

127182

Comment

Time Travel? :D

Author

Ironghost

Date

2007-04-17T17:26:04-06:00