Thursday, January 5, 2017

The Closing

Everything happened pretty quickly at the courthouse today so JJ is just now posting the videos of the closing arguments in the trial of Robert Shuler Smith.  Judge Larry Roberts gave each side one hour to present its final case.  Assistant Attorney General Marvin Sanders opened for thirty minutes.  Attorney Jim Waide and Mr. Smith presented their side for an hour and the prosecution closed with a final thirty minute oral argument by Assistant Attorney General Bob Anderson.









19 comments:

Anonymous said...

Is this posted out of order? Wasn't there a mistrial declared? Or is RSS in two trials right now?

I can't keep track without a scorecard :-)

Jane said...
This comment has been removed by the author.
Anonymous said...

Really shocked at Judge Roberts' actions. First, he has a note from the foreman alerting him about a juror misconduct (apparently knew Robert Smith)and refused to replace that juror ASAP with an alternate. He stated he would only do so if both sides agreed and of course the defense didn't agree. THEN after a relatively short deliberation in which the jury announced they were deadlocked, Judge Roberts failed to give an Allen Charge (an instruction used when juries are deadlocked) in order to see if that could help them reach a verdict.

This was a fairly long trial (for Mississippi standards) and was an important case since it involves a sitting DA charged with public corruption. The citizens of Hinds County, as well as the judges, defendants, defense lawyers etc., deserved a better effort to reach a verdict. Judge Roberts failed miserably and wasted judicial resources by not removing the tainted juror and urging the remainng jury, who had been there for almost 3 weeks, to keep deliberating. You can bet if this was in Judge Roberts judicial district where he had to be elected every 4 years he sure would've don it.

Just da facts said...

If Smith were white, he would already be in jail

Anonymous said...

The party with the burden of proof always gets the last word when it comes to closing arguments.
The State argues, the defense argues, and the State is allowed rebuttal argument. The judge can allow the defense to split its time between two attorneys, and that's what happened here. RSS just had a really hard time understanding the difference between "arguing" and "testifying" which is predictable because - other than appearances on Christopher Butler cases - this is the first time he's been inside of a courtroom in forever.

Who wants to bet RSS has been getting paid to go to work and work on his own defense for the last 6 months?

Anonymous said...

You can bet if this was in Judge Roberts judicial district where he had to be elected every 4 years he sure would've don it.

BS

Anonymous said...

An important question that will never be answered is who is writing the checks to Waide for RRS's legal representation? Waide isn't some wannabe that takes a case pro bono for the publicity. So, Waide's fees are a large amount that has to be paid.

Whoever is funding the defense is buying/consolidating influence and control over RRS.

Anonymous said...

Are you kidding, he and Jamie have both been paid. That's two attorney slots in the DA's office that the citizens are getting absolutely nothing for. And I'm thinking if RSS had been acquitted, he would have fired McBride first thing because that's how RSS works. He's paranoid as hell. So now Hinds County is still paying two lawyers in the DA's office and getting nothing to show for it. RSS needs to resign immediately. If he gave a rat's ass about Jackson, he would leave.

Anonymous said...

The Justice system in Mississippi his horrible.
RSS will be retried in June 2017. It's going to be a long hot summer.
The Hinds County Judicial System is even more of a joke.
Glad my house finally sold in Jackson(at a loss) & I was able to move to Madison. Free at last, Free at last. Thank GOD I'm free at last.
No Jackson police will press the criminal element to hard because the justice system keep giving the preps a get out of jail free card.
I'm praying the dismile tide will reverse itself. But, not likely.

Anonymous said...

9:51, if any of the parties concerned would have given a damn about Jackson there wouldn't have even been a trial.

Anonymous said...

Once the case has been given to the jury, the alternates are released. You cannot replace a juror after they are sent to the jury room to deliberate.

An Allen charge refers to a federal jury instruction urging deadlocked juries to attempt to find some unanimous verdict. In Mississippi the jury instruction is called a Sharplin charge which can be given at the discretion of the trial judge. This trial judge realized that a verdict was hopeless and simply ended the trial.

The judge didn't bring the indictment and the result of the trial is not his "fault". The prosecution had razor thin evidence and used poor strategy in presenting what they had. That's where the "fault" lies.

Can RSS be convicted? Maybe, but they are going to need much better effort in June.

Anonymous said...

10:24 Per the media, Judge Roberts kept the two alternates in a separate room during deliberations for just such an emergency.

Anonymous said...

10:24 here. If he did, he couldn't have used them, in fact he obviously knew the law because he tried to get the parties agree to substitute but Waide also knew the law and wouldn't, opting for the mistrial.

Anonymous said...

The only thing this trial certainly resolved is that the two largest prosecutors in the state of Mississippi system are just brats fighting in a sandbox. RSS got carried away and doesn't have the good judgment to disengage when he should. The AG cannot see, or does not care, that he has employees who would love to revenge themselves on their former boss no matter what it takes. If both were smart, and they aren't, the AG would let only disinterested attorneys work this case, and Smith would step down and make millions as a defense attorney. Problem is, if it weren't for the disgruntled former ADA's there would be no prosecution of RSS, and if RSS weren't such a pit bull for bullshit, he wouldn't be a good criminal lawyer. WOW!

Anonymous said...

I just watched WAPT news at 5, The jury foreman, a young white female, spoke on camera. The reporting adduced that the miscreant juror was juror number 4, a 57 year old Black female employed by JPD, who wanted to convict RSS. Maybe WAPT will post the video shortly

Anonymous said...

The tainted juror was for convicting 😂

Anonymous said...

https://www.google.com/amp/s/wapt.relaymedia.com/amp/article/jury-speaks-out-about-hinds-das-mistrial/8567071?client=safari

Anonymous said...

With a tainted juror it doesn't matter which side they are on. Picking a side before hearing the evidence is enough. The juror should be punished.

Anonymous said...

RSS obviously knew this juror. And he kept quiet during voir dior. For a normal defendant, keeping quite would be ok and after the jury is seated a little whisper to his lawyer. But here, with RSS acting as counsel as well as being the defendant, he was an officer of the court. When the question was asked if the jurors knew any of the attorneys or the defendant, and Jury #4 didn't raise her hand - RSS was required by the ethics to speak up. Of course, ethics has never entered RSS's mind, as is evidenced by the statements in this trial. But - another good bar complaint that should insure his disbarment. If the bar had any balls.

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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.

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