Thursday, June 23, 2016

D.A. fires back at AG

Hinds County District Attorney Robert Shuler Smith fired back at Attorney General Jim Hood yesterday afternoon after Mr. Smith was arrested by the Attorney General. Mr. Hood stated in a press release issued yesterday:

Smith, 45, of Jackson, was arrested at his office by investigators with the Attorney General’s Office and the Hinds County Sheriff’s Office. Smith was charged with six counts of violating Mississippi Code Section 97-11-3, a misdemeanor. That law states that the attorney general or district attorney shall not “consult, advise, counsel or defend” a person charged with a crime or misdemeanor.



The joint investigation between the Attorney General’s Office and FBI revealed that Smith violated Mississippi law related to his involvement with two different criminal defendants while serving as district attorney.



Smith was booked into the Hinds County Jail. If convicted, Smith could be removed as district attorney and prohibited from holding any other elected office or government position. Additionally, he faces a $500 fine.
However, the District Attorney fired back at the Attorney General in this statement:

Today, June 22, 2016, the Office of the Attorney General entered into my office while I was preparing for a Grand Jury presentation.  Lee McDivitt, investigator with the Attorney General Jim Hood’s Office told me that they had a warrant for my arrest.  Lee McDivitt is the same investigator who had been served with a subpoena to appear before a Hinds County Grand Jury related to an investigation by the Hinds County District Attorney regarding improper and illegal activities by certain state officials.

McDivitt and other officials who were subpoenaed to appear before the Hinds County Grand Jury conspired to Quash the subpoenas to avoid them having to give testimony under oath.
These improper and illegal actions taken by Mississippi Attorney General Jim Hood are designed to intimidate, embarrass, and obstruct an ongoing criminal investigation.

These misdemeanors allegations are not only false, but designed to denigrate the credibility of the Hinds County District Attorney.
Stay tuned.  This is going to be a fight. 

44 comments:

Anonymous said...

RSS is going crazy. He sounds like McDaniel after the runoff.

Anonymous said...

My crap detector went off when Lumboomafoo Jr. and the Kush crowd were suddenly front and center. There is at least one CoopJXN cult member standing in camera view directly behind Chuuckway Antur and that means Brother Kali lurks in the shadows.

Now more convinced that this wasn't Smith's first time helping criminals, only the first time he's been caught.

Anonymous said...

Catch and release program. Just search for it on Jackson Jambalaya. Criminals deserve hard time. FBI are not in the business of lying and really don't get involved unless there is credible evidence. This is turning into an episode of breaking bad.

Anonymous said...

So they had already been served a subpoena? Sounds like a glorified pissing match.

Anonymous said...

BFD. He is toast.

Anonymous said...

It does not make any sense to me that the AG, a Dem, would try to fabricate a case against the DA.

Anonymous said...

The focus should be on this issue as stated by KF:
The affidavit and six charges are related to the Christopher Butler cases that were reported only on JJ. Nutshell version: The affidavit alleges the D.A. tried to help a convicted drug dealer get out of jail, visited him in jail, and tried to use a grand jury to get a circuit judge to drop a case against the drug dealer. Yes, it is alleged he tried to use a grand jury to intimidate a judge into dropping a case.

Anonymous said...

How many other criminals awaiting trial has Smith visited in jail without defense counsel present?

Anonymous said...

I always wondered what the AG's office did. As all can see, they worked on the "Mississippi Burning" case from 1964 to 2016. That is 52 years. They finally closed that one and with no pending major felony problems, they have move on to handling misdemeaner cases.

Anonymous said...

In the long run justice will probably show that this is a standoff between two agencies of law enforcement that are essentially telling the dirty truth about each other. Shuler has uncovered some wrongdoing at the AG's (and maybe elsewhere) that may be way over his head, and the AG's people had a trump card they had to play cause Shuler is closing in. Neither one of these crooks will go down without a fight. I just wonder which did worse. Stay tuned

Anonymous said...

Re: Coop Cult and Jxn Kush: Kwami Kenyatta (?), formerly of Detroit, still lives in Jackson across the street from Octavius (Antar Lumumba). They have planned this comeback throughout Yarber's term. Watch out Jackson!!

Anonymous said...

The fbi does not get sucked into local pettiness easily. RSS's claim of politics might seem credible until you consider the FBI is involved.

Anonymous said...

Chucky Jr. is his defense team. That wannabe civil rights martyr and his dad's "vision" is just as racist the Klan in the 60's. This may be the start of Freedom Summer v.2016.

Anonymous said...

Yes, the FBI's involvement is indicative of some substance.

Funny how the best Antar could muster is that this "doesn't pass the smell test." If that's the best defense they can come up with, then RSS is in deep trouble. Looking at the people involved (Antar, the Sweets, Knott, RSS) it is pretty obvious the good ol' boy network is very, very strong in Jackson.

I wonder if Kidd and Green are tied into this as well (they probably are)?

Anonymous said...

One would think that Smith would want to retain someone more credible than Antar. What do the jail visitor logs of the past few years reveal?

Anonymous said...

Don't think 9:53 that Green and RSS are on the same page.

Anonymous said...

Hinds county is now the new heart of the delta.

Anonymous said...

If you flipped channels enough to catch more than the 30 second blurb, Chokwe finally admitted that he is not RSS's attorney, but just here as a concerned citizen, i.e. face time! The whole thing was just surreal, though. Chokwe basically said "it's just misdemeanors, no big deal." He might want to sit back and let the big picture unfold before taking political sides on this one. The FBI isn't interested unless there's a fire that started that smoke. With all the rumors that have flown around RSS for years now, I suspect this is going to get interesting if he decides to fight.

Anonymous said...

In my view Melvin Priester is a very good judge when I've been before him. As sophisticated a judge as I've practiced before. That he is disgusted with RSS and signed as notary to the Affidavit means RSS is indeed in trouble and it is not a setup.

Anonymous said...

Lumboomafo Jr. is outraged about the integrity of the smell test. Word is that David L. Archie has also been engaged to community organize.

Get 'Em Mullet! said...

Someone mentioned Hood having nothing to do except pursue misdemeanors. Just last week he complained of having to put his staff on overtime to fight all the cases (coming his way) attacking the wedding-cake and dildo-sales law. Plus he's busy looking into Madison County ballot boxes. He's got some full-time shit goin' on!

Anonymous said...

Didn't Jim Hood get involved in Jackson politics a while back by trying to prosecute our esteemed/insane/dead/former mayor, working in cahoots with our esteemed/fat/grossly incompetent former D.A.?

Why yes, I think he did. Unfortunately he apparently learned nothing about the concept of jury nullification. RSS crushed Special Assistant A.G. Stanley Alexander and, if there's a jury trial, he'll crush AG Jim Hood.

Don't underestimate Antar's political instincts on this one. At the end of the day this will have nothing - zero - nada, to do with the law.

Anonymous said...

I think I understand the chain:

Ben Allen & Tony Yarber are allies. Jackson Partners pays for Tony's inauguration. Antar and his allies, including RSS, go after Ben Allen and by extension, Tony. This to pave the pave the way for Antar's upcoming run for mayor.

AG office gets in the way of DA's investigation so RSS indicts those that don't cooperate with him. So AG office investigates RSS and indicts him. Antar immediately comes to support of RSS.

Anonymous said...

11:40, any jury trial will probably not be with a Hinds County jury. Or a Hinds County Judge. Change of venue should be coming soon, if a resignation doesn't precede it.

Anonymous said...

Does no one else see the humor in the DA's closing ?


"These misdemeanors allegations are not only false, but designed to denigrate the credibility of the Hinds County District Attorney."

If he really thinks anything could 'denigrate the credibility' of his office any more than he and his actions/inactions has done over the past several years, his supplier is really giving him some good stuff.

Anonymous said...

@12:48 that's pretty close to the truth. Add in a Chucky Jr. using some big words and a few little key word phrases to his peoples and you pretty much nailed it.

Anonymous said...

Only problem is, Downtown Partners didn't pay for the inauguration. According to public records published on the Jackson Free Press, the Partners didn't contribute a penny to the inauguration. ???

Anonymous said...

Good analysis @11:40, but at the end of the day, yesterday is the TIP of the iceberg. FBI has more than a misdemeanor they are holding. RSS better use his head on this one.

Anonymous said...

This is just the tip of the iceberg. I expect RSS will keep shopping for doctors whoops I meant shopping for allies.

Anonymous said...

Whatever happened to the good ole days when the Hinds County District Attorneys office was operated by a man of integrity and concern for the people of Hinds County...like Ed Peters. If something isn't done the office will lose all credibility. Remember when?

Kingfish said...

Ed Peters? That scumbag?

Anonymous said...

Ed Peters screwed the pooch eventually, but that guy GOT THINGS DONE.

Anonymous said...

Ed Peters proved the axiom, "The point of being D.A. is not who you indict, it's who you don't indict." RSS is obviously cut from the same cloth.

Anonymous said...

Practice and Procedure in County Courts and Justice Courts

§ 11-9-143. Trial by jury.

On or before the return day of the process EITHER PARTY CAN DEMAND A TRIAL BY JURY, and thereupon the justice of the peace shall order the proper officer to summon six persons, competent to serve as jurors in the circuit court, to appear immediately, or at such early day as he may appoint, whether at a regular term or not, who shall be sworn to try the case; but each party shall be entitled to challenge peremptorily two jurors, and as many more as he can show sufficient cause for. If a sufficient number of jurors shall not appear, others may be summoned until a jury is made up, to consist of six, against whom legal objections shall not exist. If the jury fail to agree, it may be discharged and another jury summoned, and so on until a verdict is obtained, and judgment shall be entered by the justice on the verdict.

Anonymous said...

But maybe he doesn't get a jury trial:

"Uniform Rules of Circuit and County Court Practice 12.02(c) provides in part that "[i]n appeals from justice or municipal court when the maximum possible sentence is six months or less, the case may be tried without a jury at the court's discretion ..." Rule 12.02(c) thus only grants the trial court discretion to deny a defendant's request for a jury trial in cases in which the maximum possible sentence is six months or less. This provision is based upon United States Supreme Court decisions presumption that offenses carrying maximum sentences of six months or less are "petty offenses" to which the Sixth Amendment right to trial by jury does not apply. See e.g., Lewis v. United States, 518 U.S. 322, 116 S.Ct. 2163, 135 L.Ed.2d 590 (1996); Blanton v. City of North Las Vegas, 489 U.S. 538, 109 S.Ct. 1289, 103 L.Ed.2d 550 (1989); Baldwin v. New York, 399 U.S. 66, 90 S.Ct. 1886, 26 L.Ed.2d 437 (1970)(plurality)."

Harkins v. State, 735 So.2d at 318

Anonymous said...

RSS: 4 simple words: "Soap on a Rope". Just suggesting for when you have to go in.

Anonymous said...

MS Code § 99-33-9 (2015)
A defendant in a criminal case before a justice court judge where the potential period of incarceration is more than six (6) months in jail, in like manner as in civil cases, may demand a jury, and thereupon the justice shall proceed as in other cases. If the potential of incarceration is less than six (6) months in jail, there shall be no jury trial

Anonymous said...

MS Code § 99-33-9 (2015)
A defendant in a criminal case before a justice court judge where the potential period of incarceration is more than six (6) months in jail, in like manner as in civil cases, may demand a jury, and thereupon the justice shall proceed as in other cases. If the potential of incarceration is less than six (6) months in jail, there shall be no jury trial

Anonymous said...

I wonder if the bar association has looked at this? he doesn't have to be convicted to have his bar license removed. that would automatically disqualify him from office.

Anonymous said...

2:22 DJP laundered the money for the inauguration. Contributions from businesses and individuals were payable to DJP who deposited checks into their accout and wrote the checks to Yarber. Why? None were reported on his campaign contributions. DJP did, in fact, contribute to that fiasco.

Anonymous said...

7:27. Have you read the motion to dismiss?? Your scenario is crazy. From what I read, the transactions were straightforward and above board. And as much as you wish it were true, they were not "campaign contributions". They were also approved by the board attorney and the accounting firm BKD. Get. A. Life.

Anonymous said...

@7:27. Try not to get a brain freeze here and get confused by the facts.

Anonymous said...

7:27: You really need to read the Motion as has been said The contributions for the inauguration were after the election. They were not campaign contributions.

Anonymous said...

Contributions to DJP are not in any way 'campaign contributions'. If DJP raised the money with the intent to help offset inauguration costs - perfectly legal. This happens on inaugurations of folks from county level to POTUS.

To think that DJP doesn't have a vested interest in the City Council and Mayor is naive to the limit. I'd bet they would have spent the same contributions on an inaugural function for Jr. (Either Jr, for that matter.)

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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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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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