Tuesday, October 25, 2016

D.A. goes to war with Judge Weill

Note: The transcript of the May recording between Ivon Johnson and the D.A. is posted below.  There is a whole bunch of shucking the corn but nothing really substantive in it although the D.A. gripes a bit about Judge Weill. 

Hinds County District Attorney Robert Shuler Smith subpoenaed Circuit Judge Jeff Weill's staff attorney to appear at a hearing scheduled to take place this morning in State v. Robert Shuler Smith.  However, Kate Steiner filed a motion to quash the subpoena yesterday.   Special Circuit Judge Larry Roberts will preside over the hearing today.

Mr. Smith issued the subpoena on October 21.  Ms. Steiner retained well-respected attorney Frank Trapp.  Ms. Steiner said that the subpoena was a violation of the law since the "thought processes and records" of judges are "protected from disclosure".  The U.S. Supreme Court extended the protection to a judge's employees such as a a law clerk or staff attorney.

Ms. Steiner claims the subpoena was only issued after she responded to an email:

Further, the Defendant's subpoena of Ms. Steiner came only after Ms. Steiner responded  to  an  October  19,  2016  email  from  defense  counsel,  which  stated  an  intent to subpoena Judge Weill for the same hearing.  Ms. Steiner responded and informed    counsel and Judge  Roberts  that:  1)   Judge  Weill  will  be out of state on  the date of  the   hearing and is unavailable; and 2) The described purpose for issuing the subpoena is patently  improper... Discourteously, counsel issued a subpoena for Judge Weill in disregard of his planned out of state  trip. Counsel then added Ms. Steiner to the extensive list of subpoenaed witnesses, seemingly in retaliation for her response to his email.

Mr. Smith's attorney, Jim Waide, sent this email to Ms. Steiner on October 19:

In properly representing DA Smith, I am sorry but  I must subpoena you to the hearing set for October 25, 2016.
Your testimony will relate to whether there is any legitimate interest in denying Robert access to  the  hearing  transcript in Cause No. 16-120., and the role of the Attorney General in obtaining your Order which disqualified Smith from attending Grand Jury sessions.
The staff attorney responded:

Please be advised that Judge Weill will be out of state on October 25, 2016, and is therefore unavailable for any hearing on that date.  Further, the purported basis for  your subpoena as stated in your email below is improper.  Thus, if you do proceed with any subpoena as described, a Motion to Quash will be filed with the Court .
 Kingfish note: The D.A. is trying to haul a sitting Judge before a trial court?  Um....serious question.  If he has an issue with the Judge's ruling in 16-120, isn't there such a thing as an appeals court?

One must ask if this subpoena is simply harassment.  Keep in mind that one of the original six misdemeanor charges against the D.A. accused him of using a grand jury to pressure Judge Weill.  It is almost unheard of for a prosecutor to attempt to haul a judge into a trial court as a witness, much less one of his employees.   Judge Roberts will probably strike this motion down.

The motion to quash, the subpoena, and the emails are posted below.  


Anonymous said...

This DA has totally lost his mind, or is on drugs.

Anonymous said...

Exhibit B was sent from WeillsLawClerk to Weill (at his AOL address and not state issued address. Are these communications protected by a certain server?) and to WeillsCourtAdministrator. Was it actually sent to Waide or is this an attempt to beef up the motion?

Diagnostic Reference Manual said...

Smith's bizarre behavior of late is eerily similar to that of the Psych-Doctor from Greenwood in his waning days before being transported to Whitfield.

Think about it.

Anonymous said...

D.A.Robert Smith is like a drowning man grasping at straws to try to stay afloat. He knows that he has violated the law and will try to use any avenue of trickery to wiggle out of his present situation. When his trial is concluded he will need to pack a big jar of petroleum jelly to take to prison with him.

Anonymous said...

Mighty convenient for Judge Weill to be "out of the state" today. (eye roll).

Anonymous said...

Who is Frank Trapp and why do you keep referring to him (here and on twitter) as well respected?

Anonymous said...

Before Frank went deaf and got too old he was considered one of the best attorneys in the State.

Anonymous said...

Frank Trapp is a white collar criminal defense lawyer...works at Phelps....hell of a trial lawyer....has represented the cream of the scum over the years.....as one example...he helped Isaac when Isaac forgot to file tax returns.....for 15 years....got him a deal where he plead to a misdemeanor.....apparently failing to file is not a felony....filing and lying about it is.......

Anonymous said...

Frank's hearing is not as good as it used to be, but wouldn't call him too old. Still one of the best around - especially for a white collar defense. Would take him over damn near anybody else in town if my ass was on the table; and besides that, he's a good all around guy. (and was one of the toughest linebackers Ole Miss had ever seen, back in the day!)

Kingfish said...

But could he kick Art Cantrell's ass?

Anonymous said...

That phucker was 20 in high school. One bad ass.

Anonymous said...

522 check your math. He was one bad ass on the field -and a good student. But my ciphering Jethro style shows he was 18 when he started at TSUN.

Anonymous said...

9:40 he played for LSU moron. He also left NOLA to play his senior year at Biloxi HS as he was too old to play in Louisiana at that time. Biloxi played NOLA Redemptorist HS in the Shrimp Bowl in I think 67 and starred in the BHS victory.

Anonymous said...


Google is your friend 9:40. Check YOUR math.

9:40 said...

Understood the 20 year old to be comment about Trapp. Missed the pivot to the cajun. Next time I will try to watch you go down a different track. Didn't realize Cantrell had anything to do with the DAS case or any of the previous dozen comments other than yours.

Otis said...

Line 51-- whaaaaat? He doesn't know butler, but knows he's a good guy? Ok.
Last couple of pages-- who is getting killed?

2016 Hottest Reporter Poll

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