Thursday, April 21, 2016

Will Doc kidnapper go free?

Will accused kidnapper Andre Kennedy get out of jail? A Hind County grand jury indicted Kennedy  on February 26 for kidnapping, armed robbery, and burglary.  Kennedy and his accomplice Edwin "Guttalife" Robinson (allegedly) kidnapped and robbed a doctor from his Ridgewood home early on a Saturday morning, May 16, 2015.  However, Kennedy has not been arraigned.  His attorney, public defender Chris Routh,  filed a motion to dismiss on April 19.  The motion is posted below. Earlier post and copy of indictment.

The doctor is lucky he was not killed that dark morning.  He was going to his truck when the two thugs jumped out of a car and held him up at gunpoint around 7:30 AM. The two hoodlums forced the doctor to drive to an ATM and then to some woods on Eastover Drive and Pinewood.  They robbed him of $1,500 and told him they were going back to his home to do some unmentionable things to his wife.  He managed to jump out of the vehicle and grab a pistol behind the seat.  Guttalife went to the gutter as the good doctor  pumped him full of led while Kennedy fled.  The victim was ironically packing his truck to attend a shooting competition at Magnolia Pistol and Shooting Range when he was kidnapped.  May 2015 post.  

JPD caught Kennedy several days later thanks to tips provided by JJ readers and charged him with capital murder, armed robbery, and kidnapping.  However, the grand jury did not indict Kennedy for capital murder.   Kennedy was an MDOC employee at the time of the crime but has since been terminated by the department.  Kennedy was indicted eight months after his arrest.

Routh argued that Kennedy had not been arraigned even though 44 days had passed since he was served his indictment on March 7.  He stated  Rule 8.01 of the Mississippi Uniform Rules of Circuit and County Court Practice mandates that arraignment "shall be held within thirty days after the defendant is served with the indictment." The motion states that the case should be dismissed.

Note: Here is Rule 8.01:

 Arraignment, unless waived by the defendant, shall be held within thirty (30) days after the defendant is served with the indictment. At or within sixty (60) days of arraignment (or waiver thereof), the court shall enter an order setting a date for trial. Unless good cause be shown, and a continuance granted by written order setting forth the reason for the continuance, an accused shall be brought to trial no later than two hundred seventy (270) days following arraignment (or waiver thereof).

Arraignment shall be held in open court, and shall consist of (i) reading the indictment to the accused; and, (ii) calling upon the defendant to plead to the charge in the indictment. Prior to arraignment a copy of the indictment shall be served on the defendant. Defendants who are jointly charged may be arraigned separately or jointly within the discretion of the court. If codefendants are arraigned at the same time and charged with the same offense, the indictments need be read only once, with stated identification of each defendant.

In all cases waiver of the reading of the indictment may be permitted if the defendant is represented by an attorney. Arraignment is deemed waived when the defendant proceeds to trial without objection.

Earlier posts
Thugs try to rob competitive shooter & gravely pay for it.  
Remembering Guttalife Dee 
Remember the DEE!
Meet Andre Kennedy
Murder & kidnapping suspect is a jailer.
JPD arrests Andre Kennedy

Kingfish note: Victor is going to have fun with this one in the comments. 


Anonymous said...

So the DA dropped the ball or the court or both?

Anonymous said...

String up Ben Allen but let Kennedy walk. Right?

Jackson and Hinds County ARE LOST.

Anonymous said...

I would like an "A-B-C" on this. No frills, just who, when, and what has brought us to this point and are there any remedies? In other words, who exactly dropped the ball and at what point does this accomplice go free. When you, Kingfish, have done all the footwork, we need to demand that the C-L put it above the fold on the front page.

Anonymous said...

He should have ben left in the gutter with the other piece of trash.

Anonymous said...

Generally, the court administrators schedule arraignments. It won't be dismissed.

HDMatthias, MD said...

If Smith dropped the ball on this, there is going to be a S***STORM. I called his office to see if this was the case. I haven't heard back. (I wonder if I will.)

Anonymous said...

The last time a case was dismissed for failure to provide a speedy arraignment was NEVER

Anonymous said...

Here's your A-B-C . Judge Weill cancelled court until his administrator returned from maternity leave. Sorry to disappoint the RSS haters. It was your Judge Weill who alone is responsible.

Anonymous said...

I would say it was the administrator's husband's fault. If he hadn't gotten her pregnant, she would not have needed maternity leave and Weill would not have cancelled court. Let's put the blame firmly where it obviously belongs.

Kingfish said...

A prosecutor in another county told me that the circuit clerks in some counties schedule the arraignments, in others it is the court administrator. Not putting blame on the DA here as there is not enough information.

However, judging by the spat between the judge and public defender in this case, Routh is probably going to jump all over the Judge every chance he gets.

Anonymous said...

"Let's put the blame firmly where it obviously belongs."

Anonymous said...

3:06, when has that ever happened in the city of Jackson?

Anonymous said...

K-Fish; I don't think 'jumping all over a judge at every chance' is going to be particularly beneficial to the jumper. Do you?

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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.

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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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