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.


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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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