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by Adam Lynch
July 30, 2008
The only defendant who currently has an attorney in the U.S. Department of Justices case against Mayor Frank Melton and his bodyguards has delayed the trial to Nov. 12. A federal magistrate judge originally set the trial for Melton and JPD Dets. Michael Recio and Marcus Wright for Aug. 18. Wrights attorney John Colette told the Jackson Free Press this week that U.S. District Judge Daniel Jordan had decided to delay the trial until November during a July 25 conference call with acting defense attorneys. Attorneys Merrida Buddy Coxwell and John Moore represented Melton and Recio at the Friday conference call, though the two defendants do not have full-time representation, yet.
The three face federal civil rights and gun charges related to the Aug. 26, 2006, demolition of a Ridgeway Street duplex, an incident first revealed by the Jackson Free Press. The federal firearm violation, which carries a minimum five-year sentence, is usually the most easy to prosecute. Legal experts say prosecutors often use the gun charge to finagle a guilty plea from defendants for a lesser crime, or to press them into an agreement to work with prosecutors in building a case against other defendants.
Mississippi School of Law professor Matt Steffey said the possibility is historically higher in a case involving federal gun crimes that co-defendants may cut deals with prosecutors.
I think theres going to be enormous pressure on Recio and Marcus Wright. I imagine they are going to be offered a sweetheart deal to testify against the mayor, Steffey told the Jackson Free Press.
Melton, himself, spoke to the effectiveness of using federal gun charges last year while praising U.S. Attorney Dunn Lamptons crusade for federal funding for the citys drug-interdiction units, telling reporters that federal gun laws make it easier to convict criminals.
Colette told reporters he may seek a separate trial for Wright, but said there was no talk of plea deals at this time. We are reviewing the indictment, looking at potential motions to dismiss for several reasons and intend to contemplate filing those within the next couple of weeks, Colette said.
Its difficult to go forward when you have co-defendants and no joint effort as far as the defense, but regardless of that I have to aggressively represent Mr. Wright and go forward on what I believe are some concerns or problems with the case.
Witnesses say Melton, his bodyguards and a group of youthssome of them minorsshowed up twice at the home that day, arresting occupant Evans Welch and destroying furniture and electronics, smashing windows, walls and toilets, and pouring paint over the resultant rubble.
Two weeks after the JFP reported the demolition on Sept. 1, 2006, a Hinds County grand jury indicted the three on multiple charges for the incident, but a jury later acquitted Melton and the bodyguards after presiding Judge Joe Webster allowed the defense to argue that the prosecution had to show evil intent on behalf of the defendants. Melton did not deny then destroying the home, but argued that it was a drug house.
Police found no drugs at the home at the time of the demolition, although Welch was arrested for an outstanding warrant for marijuana possession. Welch is a clinically diagnosed schizophrenic with a history of illegal drug use, but no arrests for drug distribution.
Federal prosecutors charged the three with violating Welch and Suttons constitutional rights against unreasonable search and seizure. In addition to those charges, prosecutors charged the three of violating Welchs and Suttons constitutional rights while acting under color of law.
Multiple witnesses have already claimed they saw the mayor managing the destruction on Ridgeway Street, but a defendant stepping forward with background leading up to the destruction could make conviction even easier, Steffey explained.
Proving some kind of conspiracy requires evidence of what these people actually agreed to do. Sure, you could prove it through circumstantial evidence, but if one of the conspirators were to get on the stand and say, We talked about it, and the mayor said, Lets go on in with or without a warrant. Come hell or high water, no ones gonna tell me what to do. Are you with me? Thats very powerful evidence that goes to the element of the federal charge, Steffey said. Everybody knows what happened outside the house. What Wright or Recio could testify to is what happened before they got there.
During the 2007 felony trial, Wright claimed in a motion to have called then-Hinds County District Attorney Faye Peterson on Sept. 16 about the charges against him. Wright claimed Peterson told him that he was in trouble, but that he could get out by speaking immediately with the FBI. Wright then claimed he met with the FBI and was told that they did not want (him) or Recio; they wanted Frank (Melton) and what (he) could tell them about corruption. Wright told them he was not aware of any corruption.
Peterson denied in an October 2006 court response telling Wright that he could get out of his charges by immediately calling the FBI, and claimed she advised Wright to get an attorney before he spoke to the feds. She denied also that she consulted, advised, counseled or defended Wright.
posted by ladd on 07/30/08 at 05:25 AM. [printer-friendly version]
COMMENTSSho You Wright is certainly going to cut a deal. He was scared almost crapless the last time. Frank and the "Big White Dude" are going to fight for a while until the fat lady walked to the micrphone. Once it's clear there is no way out, Recio may then finally look out for self.
posted by Walt on 07/30/08 at 09:31 AM
The fat lady has bought a new dress, got her hair "did" and shown up for a couple of practices. She's surely prepared to perform this time unless Frank nem stops the show.
posted by Walt on 07/30/08 at 09:33 AM
I think it is really interesting!? A lot of people/posters over at Clarionledger.com think he(Melton) will get off and that the federal government doesn't have a strong case!? But I always thought when the Feds indict you, that is pretty much a wrap!? Go figure!?
posted by baquan2000 on 07/30/08 at 11:43 AM
I worked in a very busy criminal lawyer's office for 2 years and every case we had with the feds was rap but one. We even represented the family claimed to be the biggest criminals (drug dealers) the city had ever seen. All of them as well as their foot soldiers and interstate runners plead guilty. The government had a busload of evidence on each that not a single lawyer of some 20 or so could refute or destroy.
The feds have very smart lawyers usually and the FBI and US Marshalls aren't a bunch of dummies. They make few mistakes that comes back to bite them in the rump. Of the 2 federal case I personally defended against, in the first one, I got an acquittal due to an officer with the JPD screwing up the investigation of the case before the feds got involved, and the second one ended in a very good plea due to my client coming forth and telling the truth. I clearly would have lost the second one. Both clients were quilty but neither went to jail and one walked completely free. I was told by the lawyers to record this in the book of memories. And some of the US marshalls shook my hand and told me that I walked the water on the first case, but don't expect to keep repeating it.
However, Frank is not a mere human. He has whupped everybody who has taken him on thus far, and he has thretened to represent himself this time. I bet those feds are shaking in their drawers.
posted by Walt on 07/30/08 at 12:16 PM
But if Frank can keep his bodyguards on his side and have his grand and peerless mentorship in the community override the snitch inclinations of bystanders and witnesses from testifying to anything he said and did, he still might escape.
posted by Walt on 07/30/08 at 12:19 PM
So you are saying that it is 50/50 or are you saying 75/25 in favor of the feds or 75/25 in favor of Frank!? I really want to see him and his croonies get it in the tailpipe on this one!
posted by baquan2000 on 07/30/08 at 12:32 PM
Frank doesn't have a chance and he knows it. I simply want to show him some love by pretending he could pull it off.
posted by Walt on 07/30/08 at 12:41 PM
I think it is really interesting!? A lot of people/posters over at Clarionledger.com think he(Melton) will get off and that the federal government doesn't have a strong case!? But I always thought when the Feds indict you, that is pretty much a wrap!? Go figure!?
Local public opinion not withstanding, the conventional wisdom is that the Feds don’t generally issue an indictment unless they believe they have a clear case based on a substantial amount evidence.
Also doesn't help that they have near limitless amounts of time and cash to mount a prosecution which most private citizens can’t afford to counter.
Still, it does bear reminding that an indictment does not equal conviction. But those of us who want a better, Melton-free Jackson can hope.
posted by jeff lucas on 07/30/08 at 12:47 PM
I get the feeling that one or both bodyguards will turn on Frank and testify against him. Anything to save their skin, though I'd probably do the same thing if I faced jail time.
posted by golden eagle on 07/30/08 at 01:09 PM
I don't know how much any of you ever posted on clarionledger.com, so some of you may be familiar with some of my entries over there and some of you may not! But I can not stand that guy! With him common sense goes out the window and unconventional wisdom seems to be the standard for his supporters, many of whom are black, and it is embarrasing to me to see the city I have come to love - have this do-nothing-er run it in to the ground and treat it as some part-time hobby with real peoples tax dollars going to waste on his last minute and abrupt statutes - just ticks me off! I am glad I have been coming and visting for a while!
posted by baquan2000 on 07/30/08 at 01:12 PM
I post over there often, baquan, under a different handle. Not as much lately. I'm familiar with your posts.
posted by jeff lucas on 07/30/08 at 01:43 PM
OK, this is weird. Right now on The Clarion-Ledger site, Chris Joyner is reporting: "New trial date set for Melton, bodyguards".
Do they really not know that this news is six days old?!? Adam reported it almost a week ago. (See story above.)
I'm sorry, The Clarion-Ledger is useless as a newspaper.
posted by ladd on 08/05/08 at 05:41 PM
Selective enforcement of the law by U.S. Attorney Dunn Lampton doesn't stop with Republicans. If he has a friend or acquaintance (even if they are a Democrat) it seems he won’t pursue a case against them. I guess what’s so troublesome here is that it took the Justice Department (DOJ) over a year to investigate and indict ole’ Frank and his boys on charges of civil rights violations, which in my opinion are serious enough, but Dunn Lampton apparently refused to prosecute more serious cases against this nefarious trio. What I’m talking about is the seemingly forgotten incidents wherein Frank, Reccio and Wright all violated federal law, on numerous occasions, by carrying firearms on planes when they weren’t qualified to do so. Frank falsified and presented various false documents indicating that he was a bona fide law enforcement officer (LEO) and all three of them falsified official records that they’d had the appropriate TSA training in order to fly armed, even if Reccio and Wright had a valid need to fly armed. TSA’s only apparent reaction to their unlawful conduct was to issue a “letter” telling Frank to stop flying with his guns – ARE YOU FRIGGIN’ KIDDING ME? A stupid letter? We don’t need “no stinkin’ letter?” We need justice!
There are people all over our country who are being arrested and/or receiving substantial civil penalties by TSA for engaging in lesser offenses. We know that Frank flew out of Jackson at least six times while he was armed, posing as an LEO and once for by-passing TSA screening operations. When Frank flew out of Jackson while armed it stands to reason that he flew back to Jackson armed. Each time that he did so he committed 4-6 felony crimes and Wright and Reccio committed at least 1-2 offenses (certifying that they’d received the LEO flying armed training). Multiply that times six and you have a potential of 24-36 federal violations by Frank and 12-24 violations for each member of his goon squad, occurring in various jurisdictions. This doesn’t take into account numerous potential civil violations of TSA regulations that should have resulted in monetary fines. In Frank’s case the civil penalties could have easily exceed $200,000. Why haven’t Frank and his crew been fined by TSA and or criminally charged by the TSA or the FBI for these offenses? I believe TSA has its own agenda, but the FBI is hampered by the U.S. Attorney. Dunn Lampton is admittedly friends with Frank and if Lampton doesn’t want a case to be presented to a federal grand jury, then it won’t happen. Frankly (no pun intended), TSA doesn’t want to be embarrassed by the fact that senior TSA officials in Jackson, MS engaged in a conspiracy to violate federal regulations. This was done to facilitate Frank with his firearm fetish after Frank pitched a little temper tantrum at the Jackson airport in July 2005 (right after he was elected mayor) when he was denied the opportunity to carry his guns on an airplane by TSA (can’t you just visualize this little fit by Frank). These TSA officials, some of whom have more than a casual acquaintance with Frank, hatched a scheme wherein Frank would use his bogus badge, along with a “bogus letter,” signed by Police Chief Sherlene Anderson, that would permit the little guy to fly with his guns – knowing full-well that Frank wasn’t an LEO and that he wasn’t in compliance with other federal regulations governing LEOs flying armed. TSA internal affairs, the US Department of Homeland Security Inspector General and Congressman Bennie Thompson have all been made infinitely aware of these facts and yet no one has been held accountable. Why our local print media has failed to adequately investigate this, even after being provided with ample evidence, is beyond my comprehension. I hope the JFP with use this post as a springboard to really do some investigative reporting and spur a public demand that Frank, his cronies and TSA officials, must be held accountable if justice is to be served.
posted by Jerimiah on 08/11/08 at 07:41 AM
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