Tuesday, June 7, 2011

JJ files response to Hinds County

Attorney Curt Crowley filed a response for JJ to Hinds County's opposition to my motion to intervene in Hinds County Chancery Court. Here it is. I'm not going to spoil the fun for you but just say it is worth reading all the way through.




Earlier post on Hinds response:

Attorney Curt Crowley filed a motion to intervene against Hinds County and Motorola for Jackon Jambalaya on May 24, 2011. This correspondent filed a public records request with Hinds County seeking a copy of the settlement in the lawsuit. Hinds County did not fulfill or deny my request but instead notified Motorola. Motorola filed a petition for a protective order in Hinds County Chancery Court requesting the court permanently seal the settlement. Earlier post containing motion. WLBT announced it will join JJ in the court fight to obtain a copy of the settlement.

Attorney Precious Martin represents Hinds County in the Motorola litigation and in this matter. Mr. Martin claims the settlement agreement is not a public record as it is covered by attorney-client privilege and "attorney work product". You got it. A settlement agreement between two adverse parties in a lawsuit is attorney work product.

Mr. Martin states Hinds "filed a response, indicating it had no objection to the petition." Mr. Martin argues the motion to intervene is "untimely" and that I somehow "waived" my "right to access to the the settlement". Um, I had a right to access something that was covered by attorney-client privilege or attorney work product? Interesting. Mr. Martin states I "had ample time to file 'his' intervention and request the settlement in the Circuit Court, but he failed to do so." There is a statute of limitations on public records requests? You can't make this up.

Mr. Martin then the Public Records Act "did not provide for the intervention of the party seeking the intervention" and it "is not sanctioned by the Act..". Mr. Martin even states in his supposed letter written to me denying my request that "the document you have attempted to request, if it even exists, is protected from production..."

Keep in mind the contract between Mr. Martin and Hinds County concerning the Motorola litigation specifies he will be paid on a contingency fee basis. Since the case settled after going to trial, Mr. Martin was probably paid 40% of the settlement amount. To say Mr. Martin has a personal and pecuniary interest in the settlement is an understatement. What is interesting is Motorola is not opposing my motion to intervene but Hinds County is. That should tell you what your elected officials in Hinds County think of you, the voters.

I will say it again: You simply can not make this up.






7 comments:

Anonymous said...

Go get 'um KF! Thanks for being the taxpayer's watch dog.

Anonymous said...

Or, in the alternative, if it is determined that Mr. Martin did not "make his retirement" in the settlement agreement, it is because Motorola was about to blow him out of the water with the Brown testimony and allegations of witness tampering. Wouldn't look too good if there's a press release accusing the spouse of the Hinds County BoS Atty of a massive shakedown.

Dang, Ed & Barbara sure missed out on the golden egg, didn't they?

Anonymous said...

which chancellor has it?

Curt Crowley said...

4:53: Judge Thomas.

KaptKangaroo said...

I have, before the Nationalization of JJ, heard that Curt is a brilliant lawyer, strange, but one of the best.

After reading the doc...I'm going to bed and will finish tomorrow...I ended focused reading at "straight face"...I realized this is not going to be good for those who are going to be exposed in the balance of the argument. I glimpsed at a couple of P's towards the end and will say, this is FINE reading.

Fine work both of you. I await the response and commend you both for your ability to give hope to those who want a voice. Fine job and thank you.

Anonymous said...

Simply WOW

bill said...

Great work, KF and Curt! I am especially happy to have learned a new legal term - straight face test - which I intend to employ as often as I can.

The sad part in all this is that this isn't their first rodeo. The cozy relationships and questionable ethics didn't just spring up in this case. Law enforcement in Hinds County obviously doesn't want to touch any of this with a ten foot pole, so it's left to investigative journalists to do the job for them. Can enough pressure be brought to cause official investigation? Maybe. I hope so, but I won't hold my breath. People like this seem to be Teflon coated, but we need to keep trying to force the powers that be to do the right thing. Bill Billingsley


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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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