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.  




16 comments:

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...

http://www.tigerfan.com/threads/art-cantrelle-rb-1968-1971.74532/

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?

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