Jackson Free Press

Over the objection of federal prosecutors, Judge Dan Jordan has announced that the trial of Mayor Frank Melton and bodyguard Michael Recio has been postponed until Feb. 2, 2009 due to the mayor's bad health. The order (PDF, 41 KB), just filed today, states that Melton's counsel just notified the judge on Dec. 23, 2008, that Melton had been in the hospital in November and December for severe heart problems that are life-threatening.

Dr. Myrna Alexander, Melton's cardiologist, testified that she had first seen Melton in 2005, the year he ran for and took over the mayor's office, and diagnosed him with severe congestive heart failure and hypertension. Later, he was diagnosed with cardiomyopathy and coronary artery disease and underwent two vessel bypass surgery. He is now in end stage cardiomyopathy, and Dr. Alexander has recommended a heart transplant, but Melton has refused.

In November, Melton went to St. Dominic's Hospital for an aneurysm; he returned to the hospital in December with heart failure, his doctor said. He is "critically" ill. His doctor believes he needs time to recover from the November surgery and the December heart failure. The order added: "Both of the doctors indicated that Mr. Melton's non-compliance with doctors' orders has significantly contributed to his condition but that he has been compliant since his recent hospitalizations."

Melton testified that he is mostly remaining home where he works three to four hours a day. He feels "very strongly" that he can fulfill the duties of his office.

The court also noted "judicial notice" that Melton held a press conference on the same day of his health status conference, and another Tuesday where he said "that he felt 'fine,' that he planned to launch several aggressive anti-crime initiatives, and that he was a candidate for reelection in 2009."

In deciding to delay the trial, the judge stated that "there is no dispute that Mr. Melton is just one week removed from congestive heart failure," that "he is not feigning injury." However, the judge is also concerned that "Mr. Melton's non-compliance is a contributing source of his current state." Thus, the judge attached several conditions to the trial's delay:

(1) Melton must immediately begin cardiac rehabilitation, and arrange for progress reports to be submitted to the Court under seal, (2) Melton is ordered to take medications as prescribed, (3) Melton must consult with Dr. Alexander regarding the benefits of home health services that would monitor his condition and compliance, and she must notify the court by Jan. 12 whether the assistance is needed, and (4) Melton's physicians must confidentially inform the Court if Mr. Melton refuses their medical advice.

The judge ends the order by stating that Melton violated the gag order in his Dec. 30 press conference. "Mr. Melton is advised that no further violations will be tolerated and that future infractions will lead to proceedings for contempt of court," Jordan stated.

Previous Commentsshow

Does this really surprise anyone? Not to impugn the doctors, but I would have been shocked if either had reported Melton fit for trial -- in this litigious age and given the publicity of this case, what MD would want to stake his or her reputation on something other than erring on side of extreme caution, particularly given Melton's keen timing of health issues in the past.

chaffeur

Dec 31 2008

I think it's real, though I very much believe that the trial should have proceeded anyway. Melton is clearly in horrible health, as the photo from the press conference illustrates. I feel genuine sympathy for him in this regard. However, this is the suicide he chose, and the court should not allow him to evade justice.

Brian C Johnson

Dec 31 2008

If the justice system can bring civil rights murder suspects in their 70s and 80s with bad health to trial, why not Melton? Plus, with all the technology these days, can't he testify and watch the proceedings from his home via closed circuit TV or even the Internet?

golden eagle

Dec 31 2008

Melton didn't look so sick after he go his trial postpone again. Melton was walking good on his own. Melton is the master of the con and he is making a fool out of the court. So much for justice. The Feds should be looking at other staff members and associates of Melton's and get some indictment on them also. They were right in their violating the civil rights of dozens of people they should also be facing trial.

Hot Sauce

Jan 1 2009

Tonight on WLBT they said Melton's doctor has recommended a heart transplant? According to the report, the doc said Melton refused to consider it. Is it wise for a medical professional to suggest a transplant for someone who isn't willing comply with basic medical advice? Hot Sauce, I don't think Melton is faking his health issues. I know several people who aren't Melton fans and after seeing him in person have said Melton is in terrible shape. I've only seen him on TV and there's only so much faking you can do to get that weight loss and ashen skin. I'm not an attorney but it seems this judge is covering his bases. In others words, he's attempting to assure that Melton is in decent health for the trial so that it isn't an appeal loophole.

msgrits

Jan 2 2009

MsGrits, see the order PDF linked in the story for all the medical background. It sounds like the doctor wanted him to get a transplant a while ago, perhaps before she knew that he wasn't going to comply with anything. No, Melton is not faking his health issues. Accept that. I was shocked at him last week, and it wasn't fake. So let that one rest.

DonnaLadd

Jan 2 2009

Is Melton faking his health issues? No. Is he using them to his best (in his mind anyway) advantage? Yes

chaffeur

Jan 2 2009

Is it wise for a medical professional to suggest a transplant for someone who isn't willing comply with basic medical advice? A doctor can suggest anything, but it's up to the patient to determine if they want to seek treatment.

golden eagle

Jan 2 2009