James Jennings, Jr. sued Hinds County Judge Houston Patton and former District Attorney Ed Peters in federal court last year. The lawsuit claimed Judge Patton illegally confined Jennings in order to "coerce him to forego a civil judgement" and that Peters engaged in a conspiracy with Patton to indict and prosecute Jennings under false pretenses. Original post. Peters filed a Motion to Dismiss on June 18, 2009, claiming "absolute immunity" as District Attorney from the lawsuit. Copy of Motion, Memo in support of motion
The Court ordered discovery halted while the Motion to Dismiss was adjudicated. Rebecca Cowan and Michael Myers filed an Entry of Appearance for Judge Patton. Judge Patton filed a Motion for Summary Judgement on September 4, 2009, claiming immunity from actions committed while on the bench and a failure by Jennings to state a claim upon which relief could be granted. Copy of Motion for Summary Judgement
While Patton and Peters claim their divine rights, one should remember exactly what the Mississippi Bar published in its findings of fact concerning their treatment of Mr. Jennings. From an earlier post:
"The nightmare for James Jennings,Jr. began ( According to a finding of fact by the Mississippi Bar) "on September 24, 1993, as a judgement in favor of Jennings in the amount of $35,000 by Judge Houston Patton (p.4)...... Mississippi Bar's Finding of Fact
Jailtime for Jennings
Unfortunately, Jennings was unaware his ex-wife filed telephone harassment charges against him. On February 1, 1994, Justice Court Judge Clyde R. Chapman signed an order and mittimus to place Jennings in the county jail until a bond was posted.... (p.4) On February 11, Justice Court Judge Raymond Bates signed a warant for Jennings' arrest...... It should be pointed out Jenning's ex-wife then hired local attorney James Bell (remember him?). Jennings became the Man in the Iron Mask as Judge Patton sent Jennings back to jail without ever affording Jennings the opportunity to have counsel..... (p.6. He was imprisoned on March 5).
Ten days later, Jennings was still in jail. Bonds were refused, release orders were found, then revoked by judges. Jennings was tried in absentia. His new attorney was not allowed to represent him. Every legal trick in the book to keep Jennings in jail was used as he continued to rot in a Hinds hellhole. Finally his lawyer cornered Judge Patton on March 15. Ms. Pierce spoke with Judge Patton in the foyer of the Hinds County Courthouse and asked Judge Patton what it would do to get Jennings out of jail. Judge Paton replied "get the agreement (giving up his judgement of $35,000) signed." (p.9)
"It became clear to Ms. Pierce that in order for Jennings to be released he would have to give up his $35,000 judgement against Kenney. Mr. Kirstine (Jennings' other lawyer) drafted the agreement for Jennings to sign. Jennings at first emphatically refused to sign the agreement. After much protest, Jennings eventually signed the agreement and was then immediately released.
It is important to note that at no time during Jennings' incarceration was he ever charged or tried for any alleged conduct but instead was simply held in jail until he agree to give up his rightfully obtained judgement against Kenny. Jennings was apparently deprived of due process which would give rise to claims under 42 U.S. Code Section 1983." Jennings sat in jail for nearly two weeks as he became a pinata for Judge Patton and his judicial cronies.
Jennings later filed a complaint against Judge Patton with the Mississippi Commission on Judicial Performance and hired Jackson attorney Keith Shelton to represent him in a Section 1983 action against the Hinds County Jurist. It should be noted the narrative for this ordeal is taken directly from the Mississippi Bar's finding of fact and is not just hearsay or some outrageous claim made by Jennings. (There are many more details, including some that are very juicy, but in the interest of presenting a story easier to follow, they have been omitted from this post. Please read the rest of the findings and accompanying affidavits).
The Empire Strikes Back
While discussing a possible settlement of the lawsuit, Judge Patton informed Jennings' lawyer, Shelton, he would settle if he dropped the complaint with the Commission. It is a pretty well established point of judicial ethics in Mississippi that once a complaint is filed against a judge or lawyer, it cannot be dismissed by the person who signed the complaint. The two sides agreed to a sum of $25,000 for settlement, with Judge Patton paying Jennings $5,000 up-front and the rest in installments. Meanwhile, Judge Patton contacted law enforcement and told them Shelton and Jennings were attempting to extort him, while neglecting to mention he himself was the subject of an ethics complaint filed by Jennings and a possible Section 1983 lawsuit.
Patton wore a wire to the meeting. He paid Jennings the $5,000 and both parties signed the settlement agreement. Shelton and Jennings were later arrested and then indicted. The charges were later dismissed as Hinds County Assistant District Attorney Robert Taylor (served from 1982 to 2006). Taylor stated Judge Patton deviated from the script he was given. Taylor said he didn't understand why they were indicted and said seeking the indictments "was an egregious error". Taylor testified to the bar "it's clear in retrospect we didn't get the complete story."
Taylor revealed some other important facts in an internal memo:
"After examining the transcript of the conversation, it was determined that Judge Patton had deviated from the script given to him in many material ways. Also, it was agreed the suspects had not said things which were quite incriminating enough. Everyone who reviewd the case at that time, agreed there now was no case against either Shelton or Jennings. I was not one of the persons who reviewed the case. I know that Tommy Mayfield, Ed Peters, and another Assistant did. Again, it was agreed there was NO CASE.
Then for reasons which are unclear to me, and will never be clear, the case against Shelton and Jennings is presented with the recommendation of this office that True bills (indictments) be returned as to both defendants for Conspiracy and Bribery. This was in fact done....
This case lacks, and has never had any prosecutive merit. The decision to send it on to the Grand Jury was an egregious error......" Robert Taylor Memo (Kingfish note: Do any of these names sound familiar? See The Robbie Bell Case Family Tree)
However, Taylor also testified his boss, Ed Peters (who was D.A. when Jennings was arrested and indicted), would indict defendants on a "dare" just to see if he could get away with it. It should also be noted Taylor was a partner of Tom Royals when Royals defended Peters in the NASA case in the 1970's. See Ed Peters: Do Leopards Ever Change Their Spots? Taylor stated he was not sure who indicted Jennings, as it could have been one of any number of prosecutors but that once he became aware of the flaws and misrepresentations in the case, he moved to dismiss it."
A little bit different than what Peters and Patton claim in their motions. The Court has not ruled on their motions to dismiss the case.
Tuesday, September 22, 2009
Ed Peters claims Divine Right of District Attorneys in lawsuit
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5 comments:
This is very disturbing. It serves as the epitome of "Old Boy Network" that plagues Jackson and surrounding counties. The privileged (legal community) continue to bend the law to suit their needs. Where are the Feds or Hood in all of this? Not the immunity for Scruggs, but this very situation at hand?
From what I have seen....unless it is big money involved....they aren't interested in "justice". What do they care if the lil people get screwed by the system. Way of life in MS and most of the U.S.
This is unbelievable. The Bar's finding of fact document just left me speechless.
How in the world is Patton still on the bench.
This must be the SOP of the Hinds County Court, but this is nothing compared to the amounts taken from my family's settlement using the same tactic. The courts problem are the civil right constitutional property issues. How much money, was a known $276 million and document which sought 2 billion. Given the on going threats after 14 years they must to have gotten the 2 bill. But I've got the documents posted. This judge and all others involved are still on the bench. go figure. www.mftms13.wordpress.com
@ 3:38 Having previously seen documents that you posted you should have said something about the fact the first judge became a supreme court judge and your attorney became a state senator.
There was some difference in your story unlike what is being posted here from what I understand you and your wife were released upon an assumption you would die. In that upon returning to court the court claims no record of arrest existed. False arrest which appeared habitual. It is regrettable that the courts of law harassed your child to the point of incarceration. This was no doubt done as a form of control as well.
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