Monday, March 29, 2010

Monica brought it tonight.

47 comments:

Paul Mitchell said...

This appears to be getting worse, not better.

Anonymous said...

Whoa! Possible Grand Jury for JPD? Someone please post what Barnhardt said that was derogatory to Mrs. Obama please. Somehow I've missed what happened.

Anonymous said...

Who gave Stuart that badge he likes to flash?

Anonymous said...

I hope Smith will conduct a grand jury investigation.

Justin said...

I've got my concerns over the investigation, but you should probably take Robert Shuler Smith's opinions with a grain of salt.

He makes Faye Peterson look like Oliver Wendell Holmes.

Anonymous said...

Blame everything on poor dumb Barnhart. Yeah, that's what we will do!

Anonymous said...

I still don't see how these errors, (114 mph vs 70 mph) helped the Irby's at all. It triggered the depraved heart murder charge whioh put Karen Irby in much more jeopardy.

I just dont buy the thought process that since there was an error, that somehow in the murder trial the defense would prove 114 mph was an error and therefore Karen would walk away from any responsibility.

Also, it wasnt McMillin that decided to charge her with depraved heart murder. It was DA Smith , who I think looks rather foolish if he based his decision on depraved heart murder on a calculation that should have been validated at the time.


it just seems , if anything, the error hurt the Irby predicament rather than help.

Kingfish said...

The charge wasn't known at the time but was assumed to be Aggravated DUI/Death. They DID know speed would be a major factor in any charges filed. All that matters is botching the speed in the report. Once the report is shown to be in error in court, its not valid and can't be considered by the jury.

Rocket Scientist said...

One look at the violent destruction of the two automobiles and how important is the reconstructed speed anyway.
Those calculations are made after the collision. Any reconstructive
calculations are made on theoretical applications. You can make meaniful inferences , through expert witness that the Irby car was traveling at a high rate of speed.

If I were on a jury and a calcualtion was shown to be erroneous, it would be a very small jump to accept an expert
opinion if the speed calculation wasnt accurate.

It just doesnt make sense to say that this error was designed to help the Irby case.

Anonymous said...

All of the mistakes would seem to mitigate all of the aggravating facts for depraved heart. I would think that the DA knew of some if not most of the problems and either slow played the errors or were discussed between the parties which led to the plea. She's still guilty and if she's willing to plead to a lesser included crime with stiff sentences, why try the case knowing its a long shot to get the bigger crime?

Anonymous said...

I agree, 10:15. If it were I sitting on the jury, the utter destruction of both vehicles would be sufficient enough for me to deduce that the MB was traveling at a very high rate of speed, whether 70mph or 120mph.

This was one botched up investigation though. From the sound of it, about as botched as it gets.

Who was exactly responsible for calling Barnhart to the scene and assigning the investigation to him? If it wasn't Mac, then someone had to make the call. If this was his first investigation, shouldn't he have been working under the supervision of a more experienced investigator?

Anonymous said...

3/30 @ 5:59a.m. - you have no idea how big a can of worms you just opened!

Kingfish said...

Stuart is a flasher? Say it isn't so.

Anonymous said...

Ok, somebody please explain to me how an error of speed calculation would have helped K.Irby.

Apparently, the correct speed she was traveling was 70 mph. so, how does stating that she was going 114 mph help her.

1. if the correct speed had been calculated in the first place , she would probably not been charged with depraved heart murder.

2. There was a calculation of 114 and she was charged with depraved heart murder... two counts.,

3.Ok, Perry Mason moment when the error is revealed. and the jury learns she probably wasnt traveling 114 mph. Do they acquit her that moment and she walks free? Can she not be found guilty of the lesser crime during that trial or would she have to be re-charged with the lesser crime?

4. Seems like the DA didnt check all the calcualtions either.


I cannot for the life of me
imagine that this error would have helped Karen Irby in her criminal exposure, neither for the civll trial.

The only thing 114 mph did was expose Karen Irby to life in prison and Stuart Irby to 60 million $$$ , whereas reality turns out to be 2-40 yrs and maybe half the $$$

Anonymous said...

O.J.'s entire defense was a botched investigation.

Anonymous said...

If Smith conducts a grand jury investigation, how will this affect the civil case? Will Farese be adding names to the suit?

Anonymous said...

Marshand Crisler was shot in the leg.

That is a falsehood that Malcolm McMillin DID NOTHING to clear up from the time Crisler first told the lie up to, and including, the last mayoral election.

Until JJ debunked it all.

So remember. YOU CAN'T BELIEVE A DAMN THING THAT MALCOLM MCMILLIN SAYS.

Anonymous said...

To 11:29... Kinda like when my 17 yr old son had a local yokel patrolman call me and tell me he'd just picked him up for DUI... Then say 'naw mama you know better but I did hit a little tree...' That little tree wasn't near as bad as it would have been....

Anonymous said...

KF 11:18 a.m., if you knew what kind of people had some of those badges and gun permits, you would be off on another righteous inqury!

The problem is, the corruption is systemic, too big to root out!

Kingfish said...

No I wouldn't. I have one myself from the days of the first Mac.

Anonymous said...

You and all the other registered sex offenders? Got a gun permit too?

Anonymous said...

From the WAPT website, this is in their story about the Irby case:

The district attorney said some evidence was lost. Instead of being able to prove that Karen Irby was driving more than 100 mph, they could only say she drove a minimum of 70 mph.

So the DA thinks Karen Irby was going at least 100mph. However, all he could prove was 70MPH because evidence was lost and not included in the report from the JPD. I know I read no pictures were included in the original report. This is now it helped Karen Irby going from a life sentence to 4-20 for each death.

Anonymous said...

exactly right,,,, if she wasnt going over 100 mph , then she never should have been charged with depraved heart murder. So, she wasnt helped at all by McMillin's handpicked rookie. She was potentially facing life in prison because of the error in calculation.

Anonymous said...

All of the mistakes would seem to mitigate all of the aggravating facts for depraved heart. I would think that the DA knew of some if not most of the problems and either slow played the errors or were discussed between the parties which led to the plea. She's still guilty and if she's willing to plead to a lesser included crime with stiff sentences, why try the case knowing its a long shot to get the bigger crime?

March 30, 2010 10:25 AM,



Actually, all the mistakes created the basis for depraved heart , not mitigated. The recognition and correction of those mistakes mitigate depraved heart.

Anonymous said...

3:41 Something else WAPT article states is the following:

The prosecutor in charge of the case said that changed everything and led them to allow Karen Irby to plead to the lesser charges of manslaughter.

"We had to look at this. This was a major part of our case because our case, the whole predicate of our case, was the speed she was driving. It was not alcohol," Assistant District Attorney Patrick Beasley said.

Let's all remember, too, that the rookie officer did not do his reconstruction until five days after the wreck. Of course this rookie officer was hand-picked and not because he was the most experienced officer at the JPD either. He was hand picked, and these are a VERY important points. He had NEVER EVER reconstructed a wreck before, and he DID NOT have the certification or expertise to testify in court as an "expert" witness.

This one assignment of a JPD officer killed the DA's case and Karen Irby went from two life terms in prison to 4-20 years for each death she caused, and the charge for her husband's injuries was dropped.

Anonymous said...

I have said all along - the fix was in! I just did not expect it to play out this way.

Would tampering with evidence and/or investigations be something the vaunted FBI might be interested in when it is tantamount to obstruction of justice? I doubt it, even though it involves public officials!

Anonymous said...

This one assignment of a JPD officer killed the DA's case and Karen Irby went from two life terms in prison to 4-20 years for each death she caused,

It killed a case that should have never been brought in the first place. He only had a case (depraved heart) because of the rookie's incompetence. Had they gotten it right , the charge would have been negligent culpable manslaughter.

Anonymous said...

4:59. No, you are wrong. The DA thinks Karen Irby was driving over 100MPH, but because the evidence was lost (no pictures for one thing), he could not prove it. That's when the DA had to drop the milege figure to at least 70MPH and the charge went from depraved heart to manslaughter. Thus the sentence went from life to 4-20 years.

Anonymous said...

4:59 I cant imagine where you get your conclusion. and to be so adamant about it. all the reports I have seen says that the someone other than the rookie took the measurements and that the rookie mis-calculated the results. Later, a more experienced officer took those same measurements and calculated a different (lower) result.

Where does the D.A. state that he 'thinks' Karen Irby was driving over 100mph ???

Anonymous said...

Ironic how accident reports, per police reconstruction, state the "Minimum" speeds but never the Maximum.

Anonymous said...

There is more than just calculating distance to determine speed. The second investigator needed pictures of everything particularly the skid marks to make an accurate MPH finding. The first investigator made no pictures of anything and included none in his report. That's why the DA said evidence was lost, and the second investigator could only say she was driving a minimum of 70MPH.

Kingfish said...

You guys are missing the point. All that matters is he measured from the wrong wheel. Doesn't matter what the speed was, just the wrong wheel matters because that throws out the entire reconstruction as its the wrong measurement. Speed could've been 20 or 200 mph, defense would've completely discredited the report. The charge doesn't matter, what matters is there would've been no estimated speed to support the element of speeding.

The officer who took the measurements for the first report is the one who submitted the second report.

Anonymous said...

I read the reports that K.F. posted.

The first report is quite a piece of work.

Some discrepancies already pointed out by others here were

1. "The seatbelts do not appear to have been in use when the collision occurred" VS "There is extensive fire damage to the passenger compartment which makes it impossible to determine if the seatbelts were being worn or if the airbags were deployed."

2. "This vehicle is two door, crew cab pickup" VS "This is a four door crew cab pickup"

What haven't yet been mentioned yet here are:

1. In reading the report submitted by "ACCIDENT RECONSTRUCTIONIST INVESTIGATOR CHRISTOPHER T. BARNHART" I wondered- what about the Irby passenger? Was there one? If so-why no mention of his name, and why word this sentence using seatbelt? Sentence reads: "The seatbelt was in use at the time of the collision." Referring to the Irby vehicle.

2. No mention of injuries to those in the Irby vehicle.

3. No statement of the TIME of the accident in the report by Barnhart?

4. No statement of additional evidence collected and or analyzed by Barnhart?

5. No statement of witness information/presence/absence/.

6. No mention of the model of the Irby Mercedes in the Barnhart report? CLS 500? That was a nice ride.

7. What seems to be an inappropriate conclusion drawn:
"My professional opinion and ultimate conclusion is that the death of Daniel M. Pogue and Lisa A. Dedousis is a direct result of Karen C. Irby operating her vehicle while under the influence of alcohol, speeding, and failure to maintain lane positioning."

I see much more- hope a grand jury gets to look this over.

What a sad and unnecessary development for the families and survivors of the deceased.

Seems there are some questions that need to be asked in a sworn situation.

Kudos to K.F. for exposing this whole sad situation for what it is.

Anonymous said...

11:53 - Fine observations!

So, WHO called Barnhart at his residence that evening?

I sure some form of records exist, wait - nevermind. It's been established evidence from this high profile case is missing.

I wonder if other agencies, FBI especially will be looking into this mess.

Looks like the Dems need to be fielding a replacement LT GOV candidate...

Anonymous said...

From your own reporting...
Hinds County Deputy Sheriff Michael Huff took the measurements used in both reports.


It wasnt the rookie Barnhart who took the measures. He simply miscalculated the results.

I could easily buy into keystone cops botching the documentation and analysis than believe in some sort of conspiracy.

I bet most , it not all of their investigations are full of holes and mistakes. Not all cases are high profile and most likely arent scrutinized as heavily as this one.

Anonymous said...

Ditto on the Keystone Cops....I believe it is just astonishing incompetence.

Anonymous said...

It's amazing, the denial of some! Incompetence, mistakes, errors, conspiracy or sabotage, it all leads back to the same point. "You don't purposely send rookies to an accident such as this!" ANY errors made in an accident reconstruction=possible discredit of that AR. You don't, or won't, believe the ones investigating don't realize this? Unbelievable!

Anonymous said...

Anon at 1:40 PM on March 31:

You have it right.

It MIGHT be 'A failure to plan is a plan to fail'.

Or it MIGHT be 'Planning to fail is a plan to fail'.

Sorting out what is caused by each possibility is fairly simple IF DONE PROPERLY.

A proper investigation will reveal the truth in this matter.

Just because all the Keystone Kops showed up and a slapstick movie was made (for example- they used to do this a long time ago) does not necessarily prove that there was no scriptwriter and director in charge behind the scenes.

Teh trolls are not having much success in advocating for coincidental stupidity with respect to this situation.

Alfred E Newman said...

1:40 ...Don't you think it is possible that none of the experienced guys wanted the hot seat? These guys all know that their work would be torn apart, scrutinized,analyzed...not to mention the spotlight that would be on them during trial. Sounds like a job for the rookie to me..... I dont want any part of a high profile case, where the slightest misstep could
fatal to a public career. These long term public employees didnt get their longevity by jumping in front of too many buses.

Sounds like the perfect job for the rookie....unless of course, you want to volunteer.

Alfred E Newman said...

I can hear the conversation now.

" Hey Joe, I got the richest guy in Mississippi and his wife just killed two young doctors out on County Line and I need you to
be lead investigator."

"You gotta be fucking with me , right?"

"Give it to the Barnhart kid, he is so stupid, he'll think its a promotion"

Anonymous said...

I think some of us are seeing "boogity men" under the bed.

With apologies to Elaine Benes

Anonymous said...

Well Alfred E. Newman may have a point- what happened was: 'no one wanted to do this so lets have Barnhart do it.'

That might be so.

How did it work, was there any kind of procedure to determine the callout order for reconstructionists?
(side question-if such a list existed-was Barnhart on it?)

Was it a situation where those called had the option of going to the scene-or were they ordered- and did not go and then...?

So once again Alfred E. Newman may be correct in what he suggests.

Which scenario just raised a few more questions that ought to be investigated in this case.What Alfred has suggested here could be restated as a question: Did the department collectively select Barnhart do do this job?

Usually P.D.s operate on standard procedures and orders- maybe not this one.

Or maybe not this one this time.

I wonder if D.A. Smith has similar thoughts (like the: who, what, when, why, how, and so on?)?

Captain Gannon said...

Who in JPD approved this report? Mississippi Crash Reports are to be approved by a superior officer when filed. Barnhart is likely a scapegoat, well there are more holding the reigns than him. A true accident reconstruction is a team effort. It is virtually impossible for one person to complete one alone.

Something this grossly negligent should go to the top and stop at each point along the way. This is negligence and incompetence at the bare minimum.

Captain Gannon said...

And I don't understand why Huff's name is on the measurement data log as measuring the scene, assisted by Barnhart and Cotten. Why did not Huff conduct the initial investigation? Why did they get Barnhart out of bed if they did not conduct the investigation until 5 days later?

I think Kingfish has a good theory. Hopefully the state or the feds will look into this. The people of Jackson deserve better.

Anonymous said...

3/31 @ 3:04: Baby Irby is not "the richest man in Mississippi", not even in the top ten....there are plenty of people in this state who have MADE a lot more on their own, and there are plenty more who inherited or were gifted more. However, I can think of some other lists that he would likely be at the top of though.

Richest man in Mississippi said...

Are you addressing Alfred E Newman
or the imaginary public official having an imaginary conversation.

Anonymous said...

yes

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