Tuesday, March 24, 2015

Crime victim victimized by system.

Welcome to the state of crime victim notification in Hinds County that ignores the law. The victim of a savage beating and armed robbery by Keifer's three years ago drove down here (she lives three hours away) last week to attend the sentencing of the thug who pleaded guilty to the crime.  Just one problem.  Her email says it all:

Judge Kidd continued murder trial from 2011 at 5 pm yesterday and NO ONE cared to tell me that sentencing would not be today. Waiting for Tom Kesler to break to tell some people off. My parents and boyfriend are here with me. Just wanted to let you know that these people don't give a shit about "victims."
That's right.   The victim and the family drove three hours to a sentencing that didn't take place because no one bothered to notify them of the delay.  Nice.  She was robbed at gunpoint, beaten in the face, and left unconscious 15 yards from Keifers, out in the middle of the street, three years ago.   The victim suffered a tripoid fracture to her cheekbone and still suffers nerve damage on one side of her face and pain in her jaw.

Now, the victim DID meet with District Attorney Robert Schuler Smith later that day to express her outrage. She said he was very nice and apologized for the way she was treated. (Highlighted so no one can say this positive part was buried.).

The victim was robbed and beaten by Demarcus Jefferson and Demonta McCray.  McCray was convicted and sentenced nearly two years ago.  Jefferson pleaded guilty and was scheduled to be sentenced on March 20. Copy of file and original post. 

The law is quite clear on noticing crime victims:

 § 99-43-29. Notice regarding disposition and sentencing

   The prosecuting attorney shall provide to the victim the date of a conviction, acquittal, or dismissal of the charges filed against the defendant and prior to sentencing, when applicable, notice of the following:

   (a) The criminal offense for which the defendant was convicted, acquitted, or the effect of a dismissal of the charges filed against the defendant.

   (b) If the defendant is convicted, on request, the victim shall be notified, if applicable, of the following:

      (i) The existence and function of the pre-sentence report.

      (ii) The name, address, and telephone number of the office which is preparing the pre-sentence report.

      (iii) The right to make a victim impact statement.

      (iv) The right of the defendant to view the pre-sentence report.

      (v) The right to be present and be heard at any sentencing proceeding.

      (vi) The time, place and date of the sentencing proceeding


Anonymous said...

No secret that Robert Smith is an absentee boss who doesn't give a damn.

Anonymous said...

It is not the defenses job to notify the victim about sentencing or delays. They court only notifies attorneys, not the witnesses or parties individually (as parties are represented) so this is NOT the fault of the court for the lack of notification to the victim. Place your blame where you may but it is not the duty of the court or the defense so......

Anonymous said...

Boring. This wouldn't be a post if it wasn't an election year. Let me know if you catch Smith burning ants with a magnifying glass.

Anonymous said...

Is anyone surprised at this point?

Hinds County is a joke.

Anonymous said...

Or let us know when Smith is actually working. That would be a story.

Anonymous said...

The fine citizens of Jackson voted Judge Kidd and Robert Schuler Smith into their elected offices. They sowed the wind and reaped the whirlwind. Hosea 8:7 Judge Kidd & Robert Schuler Smith are thug lovers. (TL) OBTW what's with the 3 part name? I thunk only women uses 3 part name (1st,Maiden,Married Name) Is Robert Schuler Smith someones bitch?

Kingfish said...

No one blamed the court or defense for not notifying the victim. Nice try.

Anonymous said...

The DA's office usually has a victims' coordinator. The problem is, since Smith never comes to work, no one has to do their jobs in that office.

Anonymous said...

Unless the victim was scheduled to testify at the sentencing, she would not have been informed of the continuance. It was a continuance of the sentencing and not the trial. Also, the sentencing was probably continued because Judge Kidd and Kesler had a murder trial in Judge Kidd's courtroom last week.

Kingfish said...

Fuck the victims. I got it.

If you had read the actual post, you would have read that the running over of the murder trial was mentioned. How does it feel to be an apologist for criminals?

Nobody Gives A Shit About Nobody said...

"It's not the job of the defense to notify...." WAIT! Robert S. Smith is 'the defense'? Don't prosecuters and victim's rights people (that work for the courts) stay in touch with victims? If nothing else, it would have been common courtesy. I am certain Smith's office knew damned well she would be traveling to this side show. Giving her a simple head's up would have been common courtesy and would have cost nothing more than a thirty second phone call or email.

Anonymous said...

I have been a victim (in Madison County)and it is the most frustrating thing I have ever been a part of. There is a victim's advocate in each of the D.A.'s offices but I think they are overloaded (who isn't in a the D.A.'s office?). I had to be very pro-active to know what was going on in my case, which is hard to do when you work full time. Proceedings are delayed months and in my case a couple of years. I do not think it is the victim's responsibility to keep up with the trial delays etc. If the criminal can be advised of delay then so can the victim!

Anonymous said...

What penalty is prescribed for a prosecutor violating 99-43-29? If there's no penalty, it might as well not be a law.

Anonymous said...

Who thought there would need to be a penalty phase of this law? Just do your job and do it well. There is no sense of responsibility and community anymore. There aren't very many "true professionals" anymore. Shame.

Mccray said...

Hey (demonta`s brothers) growing up with him until now has showed us a lot about life.That just been involved with the wrong people weakmined can pressure you into something crazy. Is there hope

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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).

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.

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