Jackson Free Press

A federal judge agreed today to delay the civil rights trial of mayor Frank Melton and his former bodyguard, Michael Recio, until Jan. 5. Judge Daniel Jordan granted a last-minute motion for continuance filed by Recio's attorney, Cynthia Stewart.

Stewart asked for a two week delay at a pre-trial hearing on Monday, but Jordan pushed the trial back further in order to avoid conflicts with holidays. In his decision, Jordan agreed that defense attorneys needed more time to read the 3,792 pages of discovery evidence that federal prosecutors have delivered to them since Nov. 1.

Jordan explained that he could have postponed the trial after jury selection, which was scheduled to begin Wednesday, but wanted to avoid tainting the jury pool.

"The risk is that we send jurors home for four days, during which time they hear something about the trial," Jordan said.

Jordan also delayed ruling on the government's motion to exclude evidence of drug activity at the Ridgeway duplex. At Monday's hearing, prosecutor Mark Blumberg argued that the house's history has no bearing on whether the mayor and Recio acted intentionally. Melton's attorney John Reeves contended that the evidence was essential to his defense because the government had to prove that the mayor acted with an additional "evil motive." While Reeves had not put forth this argument in any pre-trial motions, it was a crucial element of the mayor's successful defense strategy in his state trial.

"This might be the most significant ruling I have to make," Jordan said. He added that expects to write an opinion on the issue.

Jordan instructed defense attorneys to submit a brief on the issue of intent by Nov. 19. He asked the government to file its response by Dec. 1, when all other pre-trial motions are due.

Previous Commentsshow

I knew the trial would be delayed since Recio wasn't severed. I don't see how the judge could have acted otherwise. Generally, you can't be denied the opportunity to present a defense unless the defense is clearly contrary to law. I hope the law doesn't allow Frank to argue evil intent or drug activity, but even if it does, the feds still have an excellent chance of convicting him since they can argue he refused to follow the law despite being warned and told to do so by city lawyers, Hood and police officers. The Lawd has given Frank more time to show he has some sense and plead. Similarly, Recio was given more time to plead. If Recio caves, Frank won't have anyone to contradict Wright's testimony unless he takes the stand, which will be a bad decision since like Palin he likes to talk but talking isn't his best friend or ally. I sho' hate to wait to January to see this ends.

Walt

Nov 11 2008

Set Frank Free!

Louie

Nov 11 2008

Once the judge tell Frank his reputation is irrelevant as a crime fighter to stop drugs at that house or elsewhere(in other words, say evil intent doesn't matter) Frank has to plead. I wish the judge had given a hint at how he would rule so as to scare Frank for the next 2 months.

Walt

Nov 12 2008

This gives melton more time to continue his malice and hatred against Jackson and its citizens. melton has done everything he could to ensure the failure of this city. Why doesn't the Judge say, "mayor melton, continue your good work; collect you pay checks; prepare for your re-election and at some point after June, 2009 I will hear your case."

justjess

Nov 12 2008

Justjess the prosecution created this continuance by providing some discovery far too late. The judge in all fairness practically had to grant the continuance. Again, the failure to sever Recio practically guarantted it in my opinion. Maybe to some degree, too many people feel sympathy for what Frank was trying to do although he said screw the law and everyone not on my team. A judge is supposed to be neutral, fair, judicially independent, and free of influence of illegal passions, sympathies, et al, but they are humans too. This jude has performed admirably I think thus far. If I were Frank I wouldn't have much faith in this judge ruling in my favor since he has failed against them in practically every other motion. The Lord simply can't send a boat to save some people. They won't get on the boat because they can't hear the Lord. The Lord like many vengeful humans have some medicine for those kinds of fool.

Walt

Nov 12 2008

We are really missing the real issue of Melton's court delay! It is my understanding that this time will give Federal Prosecutors the time they need to get additional charges against Melton and several of his staff and Department Heads an also other elected officials tsuch as two City Cuncil Members that were aware of Melton's illegal activities and did not reports his actins to Law enforcement. They are just as guilty as Melton!!! To the Federal Authority please continue to investigate these individuals and file chrges against them for manipulation of Federal Bids, mispending on grants, violation of Civil Rights, extortion and any other charges. Melton conviction only bring just to one person, the other people that have used their positions in City of Jackson positions for their own benefits for themselves and their little private groups should also face justice!!!!

Hot Sauce

Nov 12 2008

Thanks Walt. I guess I get carried away watching these events unfold. melton, in my opinion should have been removed from office 90 days after he was sworn in. The civil rights of so many people had been violated during that period. Still another issue is the progressive road our city was on and to have so many positive things aborted. Hot Sauce, you made a great point about others who have been "partners in crime" with melton. I have sat in wonder about some of the council members and their obvious voting patterns. Someone at City Hall told me on yesterday that if melton steps down and the Council votes for someone to take his place until there is another election, Tillman will get the vote. The rationale is to keep McLemore from having pre-election exposure and giving Crisler a better chance. This sounds so WHACKO; however, I will not be at all suprised!

justjess

Nov 14 2008