Jackson Free Press

Jackson Mayor Frank Melton's assurance that he would be covering court costs in his April 2007 felony trial did not apply to his co-defendants, judging by a Nov. 30 letter submitted to the Hinds County Circuit Clerk's office. Melton's old felony indictments resurfaced late November when Former Hinds County District Attorney Ed Peters submitted a motion for allocation of attorney's fees to the clerk and city attorneys. Peters is demanding payments of $15,000 apiece for attorneys Robert Shuler Smith (Hinds County district attorney-elect) and Winston Thompson for their representation of Melton's bodyguards Michael Recio and Marcus Wright.

Wright and Recio, along with Melton, faced trial in April for multiple felony counts relating to the demolition of a duplex at 1305 Ridgeway Street last year. A Hinds County jury acquitted all three men at the end of a weeklong trial. Many speculate that the FBI is currently investigating the incident.

Melton told The Clarion-Ledger in April that he would spare city taxpayers the court costs for his trial. His bodyguard's fees, though, are another matter.

Ward 7 Councilwoman Margaret Barrett-Simon said she would withhold comment until after consulting with city attorneys, but added that all the legal costs riding in with Melton were beginning to wear on both the council and the city.

"The taxpayers of the city are very concerned about all these legal fees, and we will pay it only if we have to," said Barrett-Simon, who had not been briefed by city attorneys of Peters' demand.

The city is facing several civil lawsuits thanks to the mayor. Homeowner Jennifer Sutton is suing the city for repairs or the purchase price of the Ridgeway Street duplex Melton and his entourage destroyed in front of witnesses last year. Jackson resident Tara Donelson is also suing the city for "past, present and future medical expenses," and "pain and suffering," allegedly caused by Melton standing on her porch in 2006, shotgun in hand, yelling at family members to come out.

The Phelps Dunbar firm, which the council hired in August to represent the mayor and city in these two lawsuits, for $185 per hour, recommended the council now hire a second law firm, Coxwell & Associates—also at $185 per hour, plus additional costs and expenses—to defend Melton in those same two cases due to conflicts of interests. Phelps Dunbar made the recommendation also as a protective measure to Melton, whom a jury may find acted outside the scope of his duties as mayor in demolishing the home and in taunting Donelson from her front porch. If that happens, the city would likely attempt to sue the mayor to recoup its own losses from the civil suits.

The $15,000 price tag for Smith and Winston is a drop down from their original asking price earlier this year. Smith, who recently won election as the new Hinds County district attorney, had earlier requested $30,000 for his representation of Wright, while Thompson originally asked for $20,000. Council President Leslie McLemore told the Jackson Free Press in June that the original fees were "exorbitant."

"They're living in fantasyland if they think I'm personally going to agree to pay that much," McLemore said. "… This trial was only a week long, and they basically rode the back of (Melton attorney Dale) Danks. If I agreed to pay for services rendered, I'd say their fee is more worth between $5,000 or $10,000 a piece, tops."

Ward 6 Councilman Marshand Crisler said the city should not have to finance the legal fees because he believed Melton and his bodyguards acted outside the scope of their authority, particularly in demolishing the home.

"I don't feel the city should have to be responsible for something like that. I don't know where in the Constitution it allows an executive authority to go out and raze people's houses," Crisler said. "To me, he should consider it a lessoned learned. You should bear that cost yourself so that you might pause before going out and doing something like that again."

The issue had gone unaddressed before the council with members predicting Smith and Thompson would take their fee demands to court, where a judge would likely reassess the value of their work. Plaintiff attorneys in the Sutton suit may also convince a jury that Melton and his bodyguards were indeed outside the scope of their authority in demolishing the home. Council members opposed to paying the fees could then use that court decision in their own legal argument to avoid paying the attorney's fees.

Previous Comments

ID

68228

Comment

The City does not owe anything for these men who broke the law. They are lucky that a "real jury" and a fair judge didn't hear this case. You would think that they would gladly pay their own fines. Smith is a big boy, why doesn't he write his own letters of payment request. Why is Ed Peters taking such a lead role in this?

Author

justjess

Date

2007-12-20T11:29:40-06:00