Tuesday, December 20, 2016

Update on State v. Robert Shuler Smith

Opening arguments begin today in State v. Robert Shuler Smith.  Smith was indicted for three counts of improperly helping a criminal defendant.  A flurry of motions and responses were filed over the weekend.  Smith tried to call Attorney General Jim Hood as a witness and also tried to obtain information form the Clarion-Ledger provided by its sources.  JJ posted the remaining filings below that are deemed to be relevant as well as some highlights. 


*Motion to Exclude Video of The Fishing Trip. Ivon Johnson video taped himself and Robert Shuler Smith as they fished together.   Smith says he made several "critical and profane statements" about Judge Jeff Weill.  The motion argues the tape has no evidence that relates to whether Smith is guilty of any of the charges.  (p.1)

*State's Motion to Exclude undated Text Messages.  There are several text messages between Smith and U.S. Attorney Greg Davis.  The text messages do not provide any dates.  Smith also produced text messages between himself and Attorney John Reeves, Attorney Jodi Owens and Special Assistant Attorney General Patrick Beasley.  Some were dated but most did not contain a date.  The state also argues that it has not been able to verify the messages because the D.A. "was unwilling to permit the State access to the unlock code for that phone".  The motion posits that Smith "simply cherry-picked" favorable text messages and might have withheld incriminating text messages.  (p.8) The state asks the court to bar all text messages that do not contain a date.  (Some text messages are provided on p.12).

*Motion to strike witness James Robertson.  The prosecution claims the defense will call James Robertson as an expert witness on matters of legal ethics and a lawyer's professional responsibility.  (p.19)   It argues expert witnesses are allowed to testify about facts or the interpretation of facts.  The defense wants to use Mr. Robertson to argue the constitutionality and interpretation of law.  The Court already ruled on these issues and the defense is attempting to use an expert witness to attack them again.    Mr. Robertson's report is provided as an exhibit. (p.22)

*State's Motion to Exclude Argument and Evidence of Alleged Retaliatory Vindictive or Selective Prosecution of the Defendant. (p.32) The D.A. apparently provided jury instructions that accused the prosecution of "unconstitutional retaliation".   The proposed instructions also argued he was targeted for prosecution because he prosecuted public officials.  Such a prosecution, he argues, is a violation of the equal protection clause.   The state fires back and says the case is not a civil rights lawsuit but a criminal prosecution.  The A.G. argues the primary question is whether the defendant is guilty of the  actions stated in the indictment. 

The state asks the court to prevent the D.A. from using any theory that he is the subject of a retaliatory prosecution.   It also asks the court to reject his argument because he already raised them "at the pre-trial state". 

*Smith's Brief in Support of Motion to Reconsider the Court's orders of October 25 declining to dismiss or quash the indictment. (p.41) The D.A. got his teeth kicked in pretty good on October 25 but wants a rematch.  The first six pages are Smith's version of the history of the case.  The arguments Smith makes for the remainder of the motion were already heard by Judge Larry Roberts and adjudicated at earlier hearings.




7 comments:

Anonymous said...

I cannot believe that we, the taxpayers, are paying for this nonsense.

Anonymous said...

Whatever it takes to get his ass out of office.

Anonymous said...

1:03, I AGREE. I can't believe that we, the taxpayers, have been paying for the nonsense that was pretending to be justice and prosecution in Hinds County. To be paying a public 'servant' as a District Attorney and having him conduct his office to protect his dealers is a ridiculous use of our taxpayer dollars. That is the nonsense that you were referring to, wasn't it?

Anonymous said...

There is one certainty in this case. Judge Larry Roberts will fairly apply the Law and protect the rights of the State and the Defendant. If we had more public servants with Judge Roberts' integrity and intelligence, then this trial would not be happening.

Anonymous said...

4:52: The jury cannot convict on mere supposition.

Anonymous said...

@4:52 Did you see the text messages--mere supposition are you kidding me. If RSS walks it is because this is a Hinds County jury. If this was in a majority white county-RSS would be done. BTW: I am a black lawyer

Anonymous said...

Whatabout Jim Hood and Tom Hood? - Two Crooks

Watch out with the assaults. LOL



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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.


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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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