Wednesday, May 10, 2017

D.A. tries to postpone his trial.

Hinds County District Attorney Robert Shuler Smith wants to postpone his retrial that is scheduled to begin on June 12.  He argued in a motion filed yesterday that he intends to use the testimony of Christopher Butler to help his case but can not do so until pending criminal cases against Mr. Butler are adjudicated.  Mr. Smith was indicted for improperly helping criminal defendants.  His January trial ended in a mistrial.  However, the two sides have been battling back and forth so here are the latest developments in the case.

*Mr. Smith filed a motion to continue the trial until after Christopher Butler's criminal charges are adjudicated on April 12.  He argued that Christopher Butler will continue to exercise his rights under the Fifth Amendment if called to testify for Mr. Smith until Butler's case is resolved.   The defendant argues Mr. Butler's testimony will help his case and thus needs his testimony that is free and unfettered from any pending criminal charges.  (P.1 posted below)


However, the Attorney General fired back at the motion in a response that was filed today. (p.5)  The A.G. argued:

The first assumption rests on the notion that Butler will take the same approach at the retrial that he did at the first trial of this case, and it is nothing more than an assumption.  The second assumption rests on the jailhouse letters which Butler has written to news outlets, a city councilman and others proclaiming –  to no one’s surprise – that he is innocent of all charges brought against him. Smith also contents that the Attorney  General has been dilatory in moving the Butler cases to trial. In point of fact, several of the cases are proceeding to trial and should be concluded before the retrial date in this case.
2.  As to the cases brought against Butler by the Mississippi  Attorney General, three of  those  cases  are  set  for  trial  on  May  22, 2017.
The A.G. is referring to three criminal cases that are being prosecuted by the A.G.'s Consumer Fraud Division. There are also two pending drug cases against Mr. Butler that Mr. Smith has attempted to withdraw and form the basis of this prosecution.   Mr. Butler was indicted in 2011 for the drug charges yet has not gone to trial.  The A.G. also accuses the District Attorney of playing games.  He recused himself from the case last summer but has refused to turn over a crucial piece of video evidence despite Judge Weill's order on April 25 that he do so.  Thus the A.G. claims that the delays in the drug cases are due to the D.A.'s repeated use of continuances to delay adjudication.

*Mr. Smith and his attorney, JIIIIM Waiiiiiiiiide filed a notice for a hearing to consider the motion to continue and exclude the testimony of Robert "Too Sweet" Henderson on May 17 at 10:00 AM.  (p.13)

*Motion to Exclude testimony? Mr. Smith filed the motion to exclude Too Sweet's testimony and any evidence of bribery. Too Sweet testified in the first trial that he took bribes to get the D.A. to help criminal defendants.  However, he also said Smith betrayed him by not helping said defendants. 

Kingfish note: I will interject a comment here instead of the end of the post as is the usual practice.  The D.A. is probably doing the A.G. a favor with this motion.  Too Sweet didn't testify on any matters involving Christopher Butler or how his case was handled.  The defense was able to turn Too Sweet's testimony into a circus.  Calling Too Sweet to the stand allowed the defense to bring in Tony Davis and Charlie Brown.  It was probably the lowest point of the entire trial and frankly, did nothing to help the prosecution.  Earlier post with video. 

*The Court also denied the District Attorney's attempt to claim that a second trial would be double jeopardy in March.  (p.18)

18 comments:

Anonymous said...

Meanwhile, McBride is getting dragged before the bar tomorrow. Shameful shit, Jim.

Anonymous said...

What's the Bar's beef with McBride?

Anonymous said...

I guess after having the charges dismissed with predjudice, Anderson was too unprofessional or too butt hurt to withdraw whatever bar complaint they filed when they indicted McBride. No wonder Larry Baker can't find a job, who would want to work with low lifes like them. They are lepers in the eyes of most in the prosecution and defense bar.

Anonymous said...

I am an attorney and I find it beyond outrageous that the Bar complaint was not withdrawn. This is V for vendetta against Mr. McBride by those who lost their case against him, and this will not stand either.

Anonymous said...

Man! A lawyer who exists in disrepute among other lawyers? That's got to be a lonely, pitiful existence. Sorta like the doctor announcing, "This hemorrhoid over here is really troublesome". Ain't they all?

Anonymous said...

Jamie is a stand up guy. Indictment was chickenshit to begin with. I'm confident the Bar will dispense with this nonsense.

Anonymous said...

The fact that they are even holding a hearing is ridiculous. Back scratching? Kilgore, if you want to do someone a favor give Baker a job

Anonymous said...

Damn. A post about our crooked DA trying to put off his trial and all of Jamie's posse turns out (again) to tell us what a good, stand-up guy he is. Give it a rest, folks. If there is not a basis for a complaint, I am sure that the honorable folks over there at the MS Bar will recognize that. You do realize that all lawyers are honorable, don't you?

Anonymous said...

Maybe Reeves can rent the McBride posse in advance of the next Lynn Fitch posting here. Then it would look like the whole Southeast was against her.

If Reeves needs any tips on renting temporary supporters he should give Senator Geritol a call.

Anonymous said...

10:04 says "No wonder Larry Baker can't find a job" and 10:25 says Adam Kilgore should give Baker a job. As far as I'm aware, Baker is still at the Atty Gen's office. Is that no longer correct ?

Anonymous said...

No Larry Baker is NOT with the AgS office any longer. In fact Mr. Baker was so concerned about Robert Smith and his "unethical" behavior that he actually asked DA Smith for a ADA position.

Anonymous said...

Baker was fired right after the trial.

Anonymous said...

Apparently, Anderson is worried (or unhappy) because, rumor has it, he approached Coxwell about a job.

Anonymous said...

Spoiler Alert: Smith didn't give Baker a job.

Anonymous said...

Did the A.G. also facilitate David Scott's, ah, retirement? He was the asst D.A. assigned to Epps who was put on an old Steelcase desk when Epps' got his ass in a sling. Now his nameplate appears to be missing too. Hood must be a bitch to work for.

Anonymous said...

3:49. He may be a bitch to work for (Hood), but this absolutely 69 year old, life long Republican is voting for Jim Hood, if he runs for Governor. Tate Reeves is the bitch. Pissed everybody in the state off. All of that "tax cut starve the beast" bullshit. Go to Birmingham, Chattanooga, Littlr Rock, MON FREAKIN GOMERY, and see political leadership. He likes so many of the other political leaders want to out redneck each other

Anonymous said...

Governor Hood (61-39 versus Tater latest polls) will have no problem hiring capable people. This lifelong Republican cannot wait to vote for him over the disaappointing, pandering Tater.

Anonymous said...

Governor Hood (61-39 versus Tater latest polls) will have no problem hiring capable people. This lifelong Republican cannot wait to vote for him over the disaappointing, pandering Tater.

Put down the bong dude. Your brain is fried.

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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).


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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.

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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.

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