Sunday, December 22, 2013

Judge to Feds: Give up the DMR records

U.S. District Judge Keith Starrett told the U.S. Attorney to give up Department of Marine Resources public records sought by the Sun-Herald Friday.

The Gulf Coast newspaper sought copies of DMR financial statements as it investigated the state agency. DMR previously turned over the records to the State Auditor.  State Auditor Stacey Pickering refused to release the records, as he argued they were part of an investigation.  The Sun-Herald sued for their release in Harrison County Chancery Court.  Chancellor Jennifer Schoegel ordered OSA to turn over the records to the newspaper.  The U.S. Attorney then subpoenaed the records.  Mr. Pickering's office turned the records over to the feds.  The SH filed a motion for contempt of court against Mr. Pickering and also asked a federal judge to authorize their release.  The U.S. Attorney told the court they were part of the grand jury investigation, as he sought to block their release.  Judge Starrett had none of it as he ruled against the government Friday.  Judge Starrett slammed the federal government's arguments as he wrote:

The Government argues that Petitioners have not shown a particularized need to turn the DMR documents over to a newspaper – framing the argument as if the Chancery Court were not even involved. Petitioners’ particularized need, though, has less to do with the Sun Herald than it does with the Chancery Court, Mississippi public policy, and the rule of law. If the Court does not permit the State Auditor to disclose the DMR records, he will be unable to comply with the Chancery Court’s well-reasoned, valid order without subjecting himself to charges of contempt in this Court. FED. R. CRIM P. 6(e)(7). If he continues to abide by Rule 6's secrecy requirement, the Chancery Court’s order will remain unenforced, and the public records at issue will remain hidden from public scrutiny – nullifying the lawful authority of the Chancery Court and the Mississippi legislature which passed the Public Records Act. By any measurement, this result would be unjust....

“the invocation of grand jury interests is not some talisman that dissolves all” competing needs. Butterworth, 494 U.S. at 630, 110 S. Ct. 1376. If a grand jury subpoena always shielded otherwise public records from dissemination, the First Amendment guarantees of free speech and a free press would be significantly curtailed. Therefore, “the court’s duty in a case of this kind is to weigh carefully the competing interests in light of the relevant circumstances and the standards” provided by relevant case law. Douglas Oil, 441 U.S. at 223, 99 S. Ct. 1667.

Many of the public interests in maintaining the secrecy of grand jury proceedings are irrelevant in this case. Indictments have already been issued, and this matter has been publicized throughout state media for months. There is little danger of tipping off potential targets to the possibility of indictment. In light of what has already been reported, any rational person involved in corrupt activities at DMR should expect to be the target of investigation.

Also, disclosure of the documents would not reveal the identity of grand jurors, grand jury witnesses, or those whom the grand jury investigated but chose not to indict. The documents are public records created by DMR. They contain no information about the grand jury’s deliberative process, the direction of its investigation, the witnesses or other evidence it considered, or the identity of its members. In fact, as discussed above, there is no indication in the record that the DMR records actually have been or will be considered by the grand jury.

The Government argues that publication of the DMR records – which is likely to happen if the Court permits the State Auditor to comply with the Chancery Court’s order – could negatively affect the trial in this matter. The Government contends that increased publicity could taint the jury pool, depriving Defendants of the right to a fair trial. This issue also concerns the Court, but the Chancery Court case and alleged activities of individuals at DMR have already been the subject of numerous reports in print, electronic, and broadcast media over the past several months. The disclosure of a federal investigation and indictments only increased the scrutiny. In light of the publicity already received by this case, inspection and publication of the DMR records by the press would have negligible impact.3 Regardless, denying the present motion would receive just as much publicity as granting it, and all parties will have a reasonable opportunity to question potential jurors during voir dire.

Finally, the Court notes the Government had access to the documents for well over a month, and Defendants had access to them for at least a week prior to the expiration of their briefing deadline. If the DMR records contain matters which should be shielded from the public, the Court could have inspected them in camera to determine whether such concerns had any merit. Neither the Government nor Defendants requested that the Court do so. (KF: Ouch. Judge just said government was not acting in good faith.)

In summary, most of the reasons for maintaining grand jury secrecy are irrelevant here. The DMR records would not reveal anything about the internal operations of the grand jury, and it is already public knowledge that the DMR is under federal investigation....

For all of the reasons stated above, the Court finds that even if the DMR records were “matters occurring before the grand jury” and subject to Rule 6(e)’s secrecy requirement, it would be appropriate to permit disclosure here.

Of course, the story published in the Clarion-Ledger today was the U.S. Attorney asking the judge to seal the records. No mention of the decision. 

11 comments:

Anonymous said...

May the muckraking begin. I hope Stacey Pickering is exposed for protecting somebody that is involved with the misuse of public money. If he is not covering for somebody he is going to look equally dumb for wasting all of the courts time and our damn money. He lost either way

Anonymous said...

Good for Starrett.

Anonymous said...

Pickering's petition to the court asked the court to require that the records be given to the paper.

Anonymous said...

Pickering's petition actually asked for him to be allowed to comply with the Chancery Court decree, in other words, asked Judge Starrett to spare him from going to jail. It certainly wasn't that Pickering was motivated for the public to have access to the records.

Anonymous said...

excellent opinion.

Anonymous said...

You don't know that, 7:12. His petition speaks for itself. He asked for the court to rule in favor of release. Spin it how you like. He was in no danger of 'going to jail' with conflicting judicial rulings and an appeal in process. Gump.

Anonymous said...

One thing Pickering will never be able to say with a straight face in future elections is that he supports open records and government transparency.

The Auditor is a FRAUD.

Anonymous said...

That article on John Dowdy in the Sun Herald was quite interesting this week. I am amazed that he referred to Jim Hood so blatantly in his quote that stated, "To me, the most grotesque criminal conduct is when an elected or appointed public official abuses their office in any way," he said. "They're put in that position to serve the public. They have the public's trust in doing that and they are the gatekeeper, so to speak, of the taxpayer's money. When they abuse that trust and they sell out their office for personal greed, it's just inexcusable to me." I thought they were buddies.

Anonymous said...

I saw the Sun Herald article. What's with the picture and his pose in it? Cheer up Johnny, it's Christmastime! Has a Federal Prosecutor around these parts ever done an interview in the midst of an investigation? Very strange. Is he running for some higher office? Did the Sun Herald actually interview him or were those comments provided by a source? His comments seem to reminisce about his granddaddy raising him but really don't offer any substance as to who he is and what he is trying to portray himself as. If this is what we get about the relevant parties to this investigation, I can't wait to hear what Hood and the Auditor will say in this series of articles from the Sun Herald. You boys might want to consider a better PR consultant (which I'm sure you already have on a special no bid contract basis) to give you some advice as to how not to look like a bad version of Walker Texas Ranger. Sorry, no relation to Bill and Scott on the Walker connection intended.

Anonymous said...

In the final minute of a long hard fought game on fourth down Ms.Auditor Stacey "Snake" Pickering handed off the ball to US Attorney Johnny "Lawboy" Dowdy on the Peoples one yard line who was then gang tackled behind the line of scrimmage by linebackers Henry Laird and Ken Starrett. Game over!!! The people win the right to go to the Sun Herald Altered Records Bowl. This is a great victory I think. Will we only see what they want us to see? Was Stacey Pickering calling all of the plays in this game to protect his team of "dear friends"? We all need to make sure quarterback Pickering is cut from the team in the next political season for sure. He was terrible and called all the wrong plays.

Anonymous said...

The records are now back on the Coast after being delivered by the same Lott that took them north.The Sun Herald will have access starting Monday. Have they been altered? Are they all there? Rumor has it that the Sun Herald was given a complete copy by a DMR insider early on. If this is true we will know if anything has taken place. Stacey Pickering has let these "dear friends" make a complete fool out of him with his help, of course. Watch for his reactions and statements going forward. He will be all for the public's access to these records and will claim he fought hard to make the Feds back off. Now that this is over he can get back in his comfort zone chasing secretaries and book keepers for the misuse of small amounts. The DMR will end up being more painful than a hot lead enema for Pickering in his future and he is so deserving of it.



Recent Comments

Search Jackson Jambalaya

Subscribe to JJ's Youtube channel

Archives

Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.


Note: Security provided by INS.

Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS
.