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.

Suscribe to latest on JJ.

Recent Comments

Search Jackson Jambalaya


Subscribe to JJ's Youtube channel

Who is the hottest reporter?


Who is the Hottest Reporter in Jackson?

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.

Note: Security provided by INS