Sunday, February 14, 2016

Catch & release FOOD FIGHT!!!

NOW we got us a throw-down.  Robert Shuler Smith and Tomie Green.  Finally.  The fun started when JPD Chief Lee Vance told the damn truth: it doesn't matter how well his men do their job if the criminal justice system is broken.  District Attorney Robert Shuler Smith called the media into his office Friday and pointed the finger directly at Senior Circuit Judge Tomie Green.

WAPT reported his allegations in this video.

WJTV reported (WJTV did not post any video):

Hinds County District Attorney Robert Smith talked to WJTV on camera Friday morning and alleged that Hinds County Judge Tomie Green has been setting bonds and dismissing cases behind his back.

Smith also says that Judge Green has had ex parte communication with defense attorney Faye Peterson. Ex parte communication is when a judge meets with one, but not both sides of legal counsel, about a pending case and without the other sides knowledge.

Smith says he became aware of the allegations when law enforcement officers started asking him why certain habitual offenders had been released. So far, Smith thinks he’s found 6 cases that weren’t handled properly. He doesn’t know how many more could be out there.

Smith is investigating all of this and he’s asked the Department of Justice to investigate.
WJTV has reached out to Judge Green, but so far we have not heard back from her.

In a phone conversation, Attorney Faye Peterson denied any ex parte communication with Judge Green. Peterson says in at least two of the cases that Smith presented to WJTV, bond was set low because the suspect has a medical issue.

For example, Timothy Owens, Jr. was arrested for murdering his girlfriend. In July, 2015, Owens was granted a $5,000 bond by Judge Green. According to the District Attorney’s office, bond for a murder suspect is often denied or set as high as $100,000. Peterson says because Owens has a medical condition, a low bond was set and he was placed on house arrest. The case later went before another judge who raised the bond to $50,000. Owens posted bond and was placed on house arrest. Article

However, Her Honor responded to the D.A.'s allegations. WJTV posted her statement:

[The Court is limited in what it can disclose in its judicial capacity, and hereby request that the media publish this entire statement. No further statements from the Court are anticipated at this time.]

The judges of all circuit courts of this State take an oath to administer justice without respect to persons, and to provide equal right to the rich and the poor. We pledge to faithfully and impartially discharge our duties in accordance with the Constitution of the United States, and the Constitution and laws of the State of Mississippi.

I have kept my oath and complied in good faith, with the Code of Judicial Conduct for nearly 20 years now. I challenge anyone, including the district attorney, to prove otherwise. Remands, nolle proses and dismissals are initiated by the District Attorney’s office. My actions on and off the bench have never been motivated by threats, bullying, public opinion, hope of reward or popularity. The rulings of this Court are guided only by the principles of the law, the Constitution and the divine dictate of our Creator. I vehemently deny the false allegations of our district attorney, and suggest he choose another scapegoat.

Attempts to defame this Court, are inexcusable and exemplify an unacceptable and failed
attempt at bullying. By perpetuating intentional falsehoods, our misguided prosecutor may very well be highlighting and revealing his own shortcomings and emotional instability. The district attorney is clearly abusing his authority and in doing so, he is attempting to mislead the citizens of Hinds County and betraying the public’s trust. This Court welcomes any investigation by any person or agency or entity. However, the real question is whether the district attorney can withstand the same scrutiny. I submit that he cannot.

Throughout the state Circuit judges preside over both civil and criminal cases, just as we do within the 7th Circuit Court District (Hinds County) in the State of Mississippi. We do not prosecute cases — the district attorney or the attorney general does. Circuit judges do not make arrests, collect evidence, present cases to grand juries for indictment or try criminal cases before juries – law enforcement and district attorneys do. Judges do not decide facts, determine the credibility of witnesses or convict criminals — juries do. And, when jurors convict, circuit judges sentence in accordance with Mississippi law. When there is a plea bargain between the Defendant and the district attorney, the district attorney makes a recommendation for sentencing to the Court. With due respect for the disposition authority of the prosecutor, all Courts generally accepts the sentencing recommendation, but from time to time, rejects a sentence and imposes a different sentence that the Court believes is more justified.

Under both the federal and state Constitutions, a person charged with a crime and indicted by a grand jury are presumed innocent. That presumption stays with the Defendant until he pleads guilty or until he or she is convicted of the crime by a jury of his peers. As such, under our Constitution, a person charged with a crime is entitled to a “reasonable” bond to assure the person charged appears for trial. A bond is not set based on the severity of the crime charged, but does take into account the risk of flight and the risk to public safety.
Ninety-five (95%) of the time, the bond is agreed to by our District Attorney. Many times the judges have increased bonds that have previously been agreed to by the district attorney. Courts are duty bound to set bonds in accordance with the law and the Constitution. Our Supreme Court dictates that no person who is presumed innocent should sit in jail for months or years without being indicted or tried. I know of no circuit judge in our district who has refused to preside over a case properly prepared for presentation at trial by the district attorney’s office.

Tomie Green, Senior Circuit Judge – 7th Circuit Court District State of Mississippi
This is getting good. 


Anonymous said...

Aw, who needs grammar or sentence structure book-learnin' when you can bang a gavel and send someone away.......

Anonymous said...

Hinds County ... A World of Screwed Up!

Anonymous said...

As proven by this website: Jackson Police do their best to catch the multitude of criminals. There's too many for them to catch, but they do indeed try and care. So--while they aren't the best police force, they are part of the solution.

SO--now we go up the ladder--and the heat seems to be growing. Is RSS just trying to save his hide OR is he so clueless that, up until now, he's missed that the judges are doing the release. OR are the judges just going on what RSS and his office are bringing to them?

Does the US justice department have offices here? seems like between all the investigations stokes, rss, and the like call for there should be

Anonymous said...

Can we gets Too Sweet to inverstigate?

Anonymous said...

Sounds like both are as crooked as a snake. Maybe if we can keep them from making some deal Jackson can lock up a few of the repeat offenders.
I would bet they make some kind of deal. I just can't believe this has been going on as long as it has without them both knowing about and benefiting from it.

I Been Down In My Back and Got Low Blood said...

Bail reduced because of medical issues. Can you say BULLSHIT?

Anonymous said...

Hinds County ... A World of Screwed Up!

Anonymous said...

RSS is trying to cover his arse. Go back to April 29, 2015 when the Clinton mayor and him had words. Red Flags were present. At least its documented.

Hinds DA and Clinton Mayor face off April 29, 2015

Anonymous said...

Smith and Green are trying to throw each other under the bus? That is GREAT NEWS for this Jacksonian. Great because it means things must finally be heating up, and it's about time. I really don't care who's to blame as long as this wink-and-nudge-and-slap-on-the-tush crap is stopped.

5% of the population are causing 95% of the misery in Jackson and we are sick of it. There is no hope for quality of life as long as these thugs are repeatedly loosed on us!

Anonymous said...

Its hard as hell to convict a black person in Hinds county.

Juries dont like it.

Judges get flack from voters with convictions.

Its a problem.

Johnny Weir said...

Jackson is a safe city. What I mean is "it's safe to commit crimes in Jackson without fear of justice served".

Anonymous said...

Hinds County elected officials are blatantly, obviously, and yes, consistently INCOMPETENT!!!!!

Anonymous said...

"Ninety-five (95%) of the time, the bond is agreed to by our District Attorney."

With the number of cases in the Hinds County court system, the 5% of bonds that are not agreed to can be ALOT.

Anonymous said...

The " medical condidtion" problem was also cited in the Karen Irby case.
If it is a matter of funds, it shouldn't be. The same private insurance, Medicare or Medicaid should be reimbursing caregivers for the care while incarcerated. If that is not the case, it should be.
So then it becomes a matter of logistics...access to proper care.
That can be addressed with a police and medically staffed secure wing in UMMC or an infirmary/ medical wing in the jails where prisoners are held if you don't want medical access to prisoners to be an issue.
And, you have to be willing to pay taxes to build it properly. House arrest is cheaper but less efficient. And, we can't put counties or cities at greater risk because they have a lower median income. That's stupid as criminals don't respect geographical boundaries.
While we should all support " innocent until proven guilty", I would think a judge could and would consider a past arrest record.
If a grand jury indicted, why would all of you assume that a jury would be less likely to convict? At this point, it does come down to the judges.
A judge rules on admissibility of evidence. A judge controls the courtroom including allowing or not allowing a defense attorney to " testify' in his remarks without a whit of supporting evidence. A judge determines the delays that can stymie justice. Reasonable doubt becomes doubts created by flights of fantasy!
A prosecutor prepares witnesses for the court room experience so they will know what to expect and not be intimidated. He or she has to present evidence in a way the jury can understand it. They have to be prepared for jury selection.
Do we need to raise the criteria for those who can run for judgeship and/or do we need to have judges appointed? Do we need more judges and more space for cases to be tried so justice isn't delayed? Do we need better jails?
I think we agree there is a problem but choosing up sides at this point is premature. Bitching and constant " problem identification" is not useful once we agree there is a problem and clearly the judge and Mr. Smith agree there is a problem. Now, everyone, needs to start thinking " how do we get to the cause and fix it" !

Anonymous said...

I think it's time for some poetry.

Anonymous said...

If a person is healthy enough to commit crimes they are healthy enough to be put in jail.

Anonymous said...

Im shocked the FBI doesn't have Greene on their radar....OR DO THEY?

Anonymous said...

District 1 in Hinds County which contains the entire City of Jackson is a difficult venue to obtain convictions on drug and property crimes. However, the ADAs have a decent record on violent crimes, including sex offenses, in the courtrooms of Judges Kidd, Weill, and Gowan. Not so much for Green, who is known for setting low bonds and giving lax sentences. Many guilty pleas in her court are "open" pleas where the defendant does not want an agreed sentence with the DA; they prefer to have Green set the sentence. She does not believe that young people that have committed violent armed robbery with a firearm need to go to prison. The other judges feel differently in most such cases and send most to prison. Green will not change or bow to any pressure because as long as she wants to retain her bench, her voters will blindly vote for her...

Kingfish said...

Irby was not a flight risk. Her body was smashed. She had kids here. Guess what? She didn't flee either.

The jail does have an infirmary wing.

Anonymous said...

RSS sure does spent a great deal of time calling press conferences defending his ability to do his job. If it were just one or maybe even two different agencies calling you out on your job performance, I can understand giving him the benefit on the doubt. But dude, come on! Take the hint and do your damn job already!

However, don't mistake this comment as a vote of confidence for Tomie Green though. Poetry is no free pass for not doing the job of a judge either.

Burke said...

Given all the venom spewed at the DA on this website, one might expect at least one or two of us to give him credit for speaking truth to power now. I cannot imagine that a District Attorney openly criticizes a judge unless there is definite evidence of misbehavior. Even then it takes some cojones. The thing is, isn't he now doing what so many of us wanted him to do: calling out Tomie Green as a danger to Hinds County? As for me, I say "Right on, Robert!"

Anonymous said...

Catch and release is not something new in Jackson. It has been going on for a long time. Wonder what happened that is splitting the two apart. Is Green really letting people out of jail and Robert is just now noticing? Something else is going on. As long as it continues maybe people will not be given a spare key to the jail.

Anonymous said...

Did I hear Faye Peterson say she is serving as Chancery Judge and a defense attorney.


Anonymous said...

Judge Greene is insane. I challenge "Kingfish" to take the Pepsi challenge (Coke every time) go sit in Greene's next docket call and observe. Please go, watch the insanity. You'll have fodder for 6 months of posts.

Anonymous said...

1:36, no one is going to take even a little look at what happens in Greene's court. At least not an honest person. An honest person would have to say something. Not likely anyone is going to do that.

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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.

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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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