JFP Coverage of Defense Witness Christopher Walker
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FEDERAL COURTHOUSEThis morning's federal trial of Mayor Frank Melton and ex-bodyguard and police officer Michael Recio began in downtown Jackson with defense attorney John Reeves, representing Mayor Frank Melton, requesting accommodations be made for two defense witnesses: Daniel Smith and Christopher Walker. Smith, who is serving time at the Hinds County Detention Center in Raymond, is expected to testify about drug use at 1305 Ridgeway St. Reeves requested that Judge Dan Jordan allow him to pick Smith up and bring him to the courthouse to testify, to which Jordan asked: "Why don't you send a law clerk? I think it's real risky for you not to be here."
Reeves suggested that the law clerk was more essential then he is in the courtroom and that Cynthia Stewart, defense attorney for former bodyguard Michael Recio, could handle the defense instructions, but he conceded anyway. The law clerk appeared to be holding back laughter at this.
The defense also requested that U.S. Marshals transport former Melton mentee Christopher Walker to Jackson today. Walker, who lived with Melton at one point, is in a Lafayette, La., prison for aggravated assault. The estimated total travel time is six hours, three here and back. Reeves did not indicate whether he and Stewart planned to call Walker on Tuesday.
Ridgeway duplex tenant Evans Welch appeared in the courtroom this morning with his parents, and Stewart ushered him into a witness room. Welch is expected to testify on behalf of the defense today. Welch, a diagnosed schrizophenic, has told the Jackson Free Press in separate interviews in 2006 and in late 2008 that he did not ask Melton to tear down his home, although the defense seems to be angling toward making that argument. The defense is probably hoping that the jury will not find Welch sympathetic.
Before Jordan called the jury, both Reeves and Stewart moved that he dismiss all charges for insufficient evidence. The government had no evidence that the defendants had a prior agreement to destroy the Ridgeway duplex or that they acted with a "bad purpose" to disobey the law, Reeves and Stewart argued separately. The judge denied their motions on the conspiracy and deprivation of rights charges, but he held over the decision on the gun count until after the defense presents its case.
Stewart also reiterated her motion to sever the two cases, arguing that all of Melton's alleged admissions of guilt unfairly prejudiced Recio. Jordan told her he thought the jury could consider the two defendants separately. Comparing Melton and Recio's trial to others in the 5th Circuit with multiple defendants, Jordan noted that proceedings have moved quickly so far, with prosecutors wrapping up their case in three and a half days.
"I think it's fairly straightforward," he said.
The court re-convened at 2 p.m. with Reeves starting his opening statement: "The evidence will show that Mayor Frank Melton did not just pop in that house willy-nilly."
In the afternoon, Reeves called Daniel Smith, who was transported there from the Hinds County Detention Center. Smith, sworn in wearing handcuffs, said he bought crack at duplex day of raid and told Melton about it. On cross-examination, however, the government established that although Smith had told Melton about his crack purchase, he was never investigated or arrested for buying narcotics. The defense declined to re-direct.
Recio's attorney Stewart then called JPD Officer Quincy Russell, who arrested Welch during the duplex attack. Russell told the court that he had found two crack pipes and a push rod on Welch. The judge had ruled earlier that the defense could not introduce a crack pipe Russell said he found on Welch.
Police did not find any drugs in the duplex, and Welch was released a few days after the arrest from the Hinds County Detention Center.
The government established that Russell was dispatched to transport Welch, but that Recio was told to do arrest and complete paperwork, which was not normal procedure.
After Russell's testimony, the judge dismissed the jury until 8:30 Wednesday when the defense plans to continue.
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