Wednesday, September 21, 2016

McBride tries to quash indictment

Hinds County District Attorney Jamie McBride filed a motion to quash the indictment against him.  A Hinds County grand jury indicted Mr. McBride earlier this month for two counts of conspiring with District Attorney Robert Shuler Smith and former Assistant District Attorney Ivon Johnson to help criminal defendants.   Attorney Dale Danks represents Mr. McBride.

Mr. McBride argues that the indictment is invalid because Attorney General Jim Hood has no authority to prosecute the case or indict someone for this charge without the District Attorney's consent.  The motion stated:

Co-Defendant, Jamie K. McBride, was indicted  in the within Cause by a special  grand  jury called solely at the instance of the Mississippi Attorney General. All of the witnesses  to the  grand jury were subpoenaed at the instance of the Mississippi Attorney General and the Hinds County District Attorney took no part in calling such special grand  jury  nor  presented  any evidence before  said  grand jury. ...
No statutory authority exists which grants the Mississippi Attorney General the power to specially call a grand jury session. The State Grand Jury Act, §13-7-1 et seq. Miss Code Ann. specifically sets forth that the Attorney  General  may  enter  the grand jury  while  it is in session  and assist the district attorney in the discharge of his duties. The statutes do not provide that the Mississippi Attorney General may have a grand jury  empaneled.  If the legislature  had  intended for the Mississippi  Attorney  General  to be empowered  to call  a special  grand jury,  it would have so stated. To interpret  these statutes otherwise would  be  contradictory  to their  legislative  intent and  impermissibly  broaden  the  powers  of  the  Mississippi  Attorney  General.....
The question indictment itself is challenged:

Counts One and Two, of the Indictment in the within Cause, fail to charge a necessary element of the crime of hindering prosecution and as a consequence thereof are  not  legally  sufficient and as such must be quashed. Both Count One and Two of the Indictment allege that Co-Defendant, Jamie McBride, "on or about  and  between  the  dates  of December  1, 2015  and June 22, 2016 did then and there knowingly,  unlawfully  and  feloniously,  without  authority of  law, conspire with Ivon Johnson  and  others known  and unknown  to the Grand  Jury to  commit  the crime of Hindering Prosecution in the First Degree in violation  of  §97-9-105  of  the  Mississippi Code, 1972, as amended, (Exhibit F) by conspiring to hinder the  prosecution,  conviction  and  punishment  of  Christopher  Butler  in  Hinds  County  Cause  Numbers   .  .  .  

Mr. McBridge charges that the indictment never alleges that he gave criminal assistance to Christopher Butler or anyone else.  It does not city any specific actions he took to help criminal defendants.  The indictment states that Mr. McBride helped criminal defendant Christopher Butler in two cases.  However, Mr. Butler was not charged with any crime in one of those cases.  Thus it would be impossible for the prosecutor to assist Mr. Butler as a defendant. 

As the District Attorney said, stay tuned. 


I Watched Matlock said...

This is not really news. To be expected.

Anonymous said...

Good motion. He should win this one.

Anonymous said...

Can the AG please stop stepping on its d!ck. This is pathetic .

Anonymous said...

Thought I saw where the AG 'got permission' to carry case to Grand Jury. Granted, don't think they indicated at the time that they planned to indict RSS or McBride - but they did file notice and got agreement from DA for AG to go to Grand Jury. Maybe I'm missing something here (very possible in this grand maze of varying cases and indictments) but think that this motion might just be a delaying tactic.

During hearing last week, though RSS thought McBride would waive indictment. Guess Jamie showed him, huh?

Anonymous said...

Does the AG have to be invited in by the prosecutor to indict the prosecutor? Sort of doubt it.

Anonymous said...

Question: What if the DA were charged with murder, a crime not included in the AG authority, would the AG have to get his permission to prosecute him?

Anonymous said...

I would think that in your scenario, the governor would request the AG enter in writing.

Anonymous said...

What if this comes down to his having written a memo to his boss? BFD. How could that possibly be unlawful? He was just doing his job. If it is unlawful no one would become an assistant DA after this. AG appears to be going after the wrong guy here in going after the assistant doing his job.

Anonymous said...

Unfortunately, that's what this comes down to. And of the most well liked prosecutors in the state. If the purpose if this was to scare the piss of every DA and ADA in the State, well done.

Anonymous said...

McBride's first argument alone should produce a dismissal of the indictment. It is not alleged that he committed any of the acts defined as rendering assistance to anyone, much less for any unlawful purpose. The AG needs to just let this go while he can. What a crock.

Connect The Dots.. said...

Not so fast 11:31. The whole scenario with McBride is an elementary attempt to get him to testify willingly against RSS. Do you really think law enforcement is as stupid and bumbling as you suggest? The men behind the curtain are Feds.

Anonymous said...

The intervention of a good judge is what is required.

Anonymous said...

The whole mess is a bunch of bungling fools. None of them really know the law and what they can and cannot do legally. Even the judges are included.
Makes people wonder who is the real crooks and who are the real fools. Some people would say all included would fit pretty well in both cases.

Anonymous said...

10:09 - I assume that includes you as well? Or you the only intelligent one - not in the room?

Anonymous said...

Hinds county should be proud. What would we have if all the corrupt lawyers--judges--"officials"-- Stokes'of Jackson were actually prosecuted as they should be?

Anonymous said...

10:09 AM
Some people would also say that you need to take a refresher course in basic grammar.

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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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