The sentencing for Ben Allen took place today before Judge Winston Kidd. He was convicted last month of one count of embezzling from his employer, Downtown Jackson Partners. Judge Kidd sentenced him to serve five years in prison but suspended the entire sentence. Mr. Allen is placed on probation for two years.
Mr. Allen submitted this statement to the court:
Your Honor, thank you for allowing me to address your Court regarding my sentencing today. With great respect for the Court, I offer these comments.
In the years leading up to this over yearlong nightmare, no one from the District Attorney’s office ever called anyone associated with Downtown Jackson Partners. Not me, our board attorney Judge Robert Gibbs, the DJP Executive Committee or the 43 member DJP board and advisory council, BKD, our accountants, no one. No one from the DA’s office ever called or contacted anyone regarding anything in the indictment. Not a single time. I was simply indicted. Had the State Auditor's Office been able to follow up on this case, I am confident we would not be here today.
I have always followed the By-laws of DJP. I have always worked at the direction of the Executive Committee and the Board of Directors. Everything I have done has been for the Business Improvement District, DJP, and the city of Jackson, which I love and have called my home for over 40 years.
The DJP Board of Directors conducted a full investigation into the allegations in the indictment and found no embezzlement or other crime by me against DJP. The documents at DJP, substantiated by BKD accountants, show that my wife’s cell phone bill had been paid over a year prior to the indictment. I had actually overpaid her cell phone bill by $80.93. The reimbursement was done in the same way as the prior year's reimbursement, and it was approved by DJP. This information was readily available in an office file simply labeled “Susie’s Cell Phone”. In spite of our DJP board attorney’s testimony that I had reimbursed DJP for my wife's cell phone, the state claimed that DJP had “demanded” return of these monies and I refused to do so, without any evidence to support the allegation. This was simply not true then and not true now, but I stand here before you today convicted of that very thing.
During the closing arguments, the prosecution said some awful things about me. I heard one prosecutor, whom I had never set eyes on before the trial, say:
“I don’t know when Ben Allen became Ben Allen and fell off into the (criminal) abyss.”
I would hope that Your Honor and the prosecutors have had the time to read the 95 letters of support Your Honor has received from people of all socioeconomic backgrounds, genders, ages and political parties. I think they give a clear indication of who I am as a person.
I did not do any of the awful things alleged by the DA. I believe I have conducted the business of DJP with honor and dignity and in full compliance with the law and the approval of the DJP Board of Directors.
I ask only for your good judgment and wisdom in passing your sentence upon me. With these comments, I respectfully turn my sentencing judgment over to Your Honor’s capable Court and simply ask for fairness.
68 comments:
This is still a miscarriage of justice. As it stands now, Ben wrongly branded a convicted felon. Nothing is farther from the truth. This should have been thrown out if for no other reason the fact the prosecution put Kenny Ray Stokes in front of that Kangaroo Court.
How can this possibly happen in a court of law. Scary. He has become a convicted felon and with no evidence of a felony plus proof he paid for the cell phone.
as it should be. Next win the appeal.
As a practicing attorney for 40 years,I can tell you that Hinds County Circuit is the worst in the State. Jefferson,Claiborne,etc do not hold a candle to Hinds.I have no doubt that Green and Kidd are the two judges reversed the most on appeal. This case will also be reversed on appeal . It's a damn shame,but that is the way it is.
My baby ain't never did nuttin' wrong.
He might robs you but he won't shoot nobody.
Right.
As predicted, wasn't thrown out, probation only.
Can't wait for the appeal.
Could someone give me a little of the back story. Obviously RSS has a vendetta against Ben Allen. Why?
I'm grateful to the Judge for not giving Ben prison time. Ben is a great guy but I will say one more time he needs to get out of DJP and move on. He has no clue regarding the revitalization of Jackson's CBD. Ben is a great cheerleader and now it's time to move on and the Board should ask for his resignation now !!!!!!
The Board needs to talk to the Director that brought Chattanooga and Little Rock back. Please try to do the right thing for Jackson's CBD.
This is what happens when you stay in Jackson and do everything you can to promote the city to business and to encourage people to live and work within the city limits. This is how certain people in charge pay you back.
I don't know Ben. I think he's made some asinine statements over the years and has been far too optimistic in regard to the prospects of a livable, workable downtown. However, he has put his money (somewhat) where his mouth is. When most people (wisely, IMO) left the city for suburban areas that were safer and had a better QOL, he didn't.
When the 2010 census showed that Jackson had lost something like 25% of its white population in 10 years, there were these half-hearted statements from the administration about how they wanted those people back. If this is the way you treat people who stay and work to make the city better, then why the hell would anyone come back?
If you're a black man who carjacks people, you get a blessing and a free walk. If you stay and fight to make the city better, you get probed until something is found, then you get hammered.
Ben's statement about 25,000 people living downtown by 2008 was stupid as hell, and his comments that downtown Jackson is the safest place in the metro is naive at best and purposeful whitewash at worst. He pushed moronic projects like OCG that were obviously bad. I'm no fan, but I find it quite interesting that someone who took the positions he took toward the Jackson metro was hammered to hell and back.
To 1:38, nothing you said made any sense to me. Ben is a great guy---he is in the wrong job---IT'S JUST THAT SIMPLE !!!! He may be a convicted felon (at this point) but he still did not know how to run DJP from the first day he took over---he had no experience, no education regarding revitalization and no leadership from his Board. Again, Ben is a "DUMBASS" just like David Watkins---when you step out of your element you become a "DUMBASS". Not one person on the DJP Board has the experience or knowhow to turn the CBD into a dream city so when you don't know you go find (hire) someone that knows. If you want someone to blame, blame the CBD property owners for letting this mess go on this long---they have all devalued their property by 50 or 60% and in some cases by 80%. All of you have a long road to recovery. I'm just telling it like it is !!!!!!!!!!!!! WAKE UP !!!!
Folks, the man used DJP funds to pay his wife's cell phone bill!Just because he got caught and paid the money back does not remove the fact that he tried to embezzle from DJP. A jury convicted him of this crime. Frankly, I think Judge Kidd was very lenient. He should have put Allen in jail for at least 60 days if for nothing other than stupidity.
@1:11 PM how many more times will you post the same comment? Damn, we get it already.
This is the man what done a lot of shady deals. Just a few came to light and he done got indicted. Just imagine if they all came to light. He'd be learnin' a lot of chain gang songs.
people convicted by a jury have a lot of balls to tell the Judge that they are not guilty and the jury was wrong. he is lucky Judge Kidd stuck with the decision to suspend all his time and a relatively short probationary time.
for all of you predicting a reversal on appeal, what grounds is your prediction based on, if anything, other than sufficiency of the evidence?
To: 2:20----until Ben Allen is Gone and a qualified person that has turned a city around---like Chattanooga or Little Rock is in place. I think you don't get it---Bubba !!!!!!!!!!!!!
Kingfish you surely are letting that nut take over your blog. Just sayin'. She can't stand that Ben will be totally cleared and is posting over and over and over and over. You know who the poster is that uses !!!!!!!!!! all the time. You KNOW why that person is doing it. Enough already! Damn.
It's quite comical for people to claim they know "Uncle" Ben and then say he wouldn't do something like this....kinda shows you really don't know Ben.
http://wjtv.com/2017/03/06/ben-allen-sentenced-to-2-years-of-supervised-probation/
Judge Kidd said he had more letters than he had ever gotten as a judge and from all walks of life. 95 to be exact. Many from people Allen had helped. Seems much to the disappointment of the "serial blog posting hater" above and I am sure to follow, that many people stand by Allen's side and believe in him.
Jackson is not Little Rock or Chattanooga; too far gone. Yes, Ben never had a clue what to do but at this point in time the top pro in the world could not improve anything. Just look at who will be running the City for the next few years. All that is left in the City is a few vultures that are pick the bones.
Will this still be appealed?
Get a grip lady said...
Kingfish you surely are letting that nut take over your blog. Just sayin'. She can't stand that Ben will be totally cleared and is posting over and over and over and over. You know who the poster is that uses !!!!!!!!!! all the time. You KNOW why that person is doing it. Enough already! Damn.
Again!
That "serial blog posting hater" won't have 95 people at her funeral. Sad. She is clearly so obsessed.
3:48 heck yes it will be. Case was incredibly weak from the get go. It will be won too.
3:59. She will have plenty of time to run her trap at her civil case, and the criminal case that will be after that.
Oh yes it will be.
Benjamin, what more evidence do you need that white folk ain't welcome in Jackhole. Time to haul your white ass outta 'der.
Funny how the same people who don't believe Ben Allen is qualified somehow believe that Duane O'Neill actually is. SMH
DJP was being run like a college fraternity. The 'rule of law' had to step in. If he was black and the board was run this way, the outcry would be terrible.
4:23 no worries. The board kept him hired during this mess, and 95% of the businesses for reauthorization of the BID 2 months ago.
Jackson's Black Power Structure wants the Downtown BID run by blacks. There you have it.
Bull shit 4:23. What is true is that if he was black the DA never would have pursued this ridiculous case.
I look forward to Ben's exoneration on appeal. Hang in there Ben. Almost home.
I agree 5:17. This would never have happened in a sane justice system. I hope they sue for malicious prosecution and go after those 3 abusive attorneys for the POS RSS. I truly hope (another) bar complaint is filed against RSS. I was disappointed in Sue Perry. I go to church with her. I could not believe she was so aggressive with NO evidence. I though she had more class than that.
God bless you Ben Allen! As a downtown business owner I would like to thank you for all that you have done. I am happy to pay an assessment to pay for DJP. Your work and enthusiasm is a big reason that downtown is not a ghost town right now. You have done this in spite of an extremely jealous, envious, and resentful city government.
Me thinks you have a drunk blogger who does not like Ben one bit. Racebaiter too.
7:48. Methinks you are the same old troll that is absolutely sad and pathetic.
Kenuff Stokes should be appointed head kamikazee pilot of DJP.
9:14 - Why did you leave out all the exclamation marks in your post (this time)?
Have we ever figured out what Stokes was doing on the stand? And speaking of, have we ever determined "who kilt da may-uh"?
You don't mix public and private money in the same account and you pay your personal cell phones from your personal account. Plain and simple
10:46 get a life. Good gracious have you nothing to do all day but stalk this website?
10:46. What money was public and what money was private? How were they "mixed". No matter how badly you want it to be different, DJP is a private 501 C 4 CORPORATION that files a 990. Government agencies do not file 990's. Non profit CORPORATIONS do. Melissa Patterson is an idiot that was DEMOTED out of the auditor's office right after her screw up with the DA. Canned after 18 years.
7:47, what are you smoking ? Check what downtown looked like before Ben Allen was in control. A lot that has happened is not Ben's fault but with better experienced leadership it would be better today. I think Ben is a great guy, he is in the wrong job.
OK, what exactly could he have done? Give some suggestions or possible solutions.
Parkway sold out to Hertz. He couldn't changed that.
Crime problems: city and county.
Tax rates: Not his problem.
Aging buildings and infrastructure: He can't fix that one.
So what exactly could he do?
Kingfish,
I don't know because I am not experienced at revitalizing a city and neither is Ben. If there had been proper leadership and trying to get along with The Mayors a lot of the problems you listed may have not occurred. DJP was asked on several occasions to let the Mayor take part in our meetings and DJP refused---maybe it is because Ben was afraid he would loose control. I don't know what it will take but when you do the same thing over and over and it does not work then it's time to change your tactics.
I don't have a dog in this hunt anymore because my firm and my family vacated this shit hole and I won't be back. DJP needs a seasoned educated leader with a strong background in revitalization. It could not be any simpler.
11:42 we know who you are. And his board loves him too. They pay him $150,000 a year while you sit around your nasty apartment blogging hate all day. You, Tony Davis, Charlotte Reeves. and John Reeves. What a classy bunch you hang with.
1:05, you are sadly mistaken and way off the mark. I am a businessman that has been in business 50+ years and know Jackson like the back of my hand. My office was downtown for over 30 years and I made all the rounds and spoke to a lot of people and almost everyone agrees with me. Why does almost everyone on this blog think I'm someone else?
Think about what a $150,000 salary could do to bring a true leader into DJP. If the Board keeps Ben it will just be another black mark on your city---do you really think people want to do business with a convicted felon? Remember, Ben is a friend of mine but he is still the wrong person for the job---I don't believe in blowing smoke.
Oh and BTW "2:08" (yeah right). So transparent your desperation is. I am one of the 95% that voted to increase the BID by 10% for ten years. all while this bogus, baseless indictment was transpiring. If you want to know what "almost everyone agrees with", it is who you are and what you are. Keep diggin' keep diggin'
2:08. Want to bet any money that this time next year he is not a "convicted felon". Board and board attorney must believe it as well. he is still their leader. EYHO. The charges that idiot DA indicted Allen on were proven to be baseless, and don't start that embezzlement shit regarding a cell phone. I would say "surely you are not that stupid", but displaying for days your obsession with Allen, you must be.
March 7, 2017 at 2:08 PM "Ben is a friend of mine"
Well, you're certainly no friend to him! I hope you're not one of my "friends" stabbing me in the back the whole time.
Continue to support Ben and Jackson will decline even more. I won't be sending any more blogs regarding Ben or Jackson. You Jackson folks can wallow in your own SHIT. I live and work in Rankin County now and love it---shopping is great, restaurants are incredible, I don't have to lock my car and I don't have to lock my office after I go in. You may figure out what the problem is one day---I just hope it is not to late---I'm signing off now, WALLOW-WALLOW-WALLOW.
Awe 4:14 don't leave us! You provide too much comic relief.
4:14. Such a potty mouth for a "lady"!
Right in there with the bonafide troll Charlotte Reeves.
You people are wrong about there being a single troll here, the real thief, who posts repetitively, hating on Ben.
There's also Ben's son who does the same but in support.
If they both got writer's cramp, this thread would disappear.
Yeah right ONE THIRTY ONE AM (1:31 am above). YAWN. And why are you blogging at 1:31 in the morning? Can't sleep? I would say "wonder why?", but we all know why. I wouldn't be able to sleep either. Enjoy your crackers and cheese.
11:30 Melissa Patterson was not demoted. She transferred to another State Agency. Big Cheese at Auditors office didn't want to take her good legal advice, resulting in obstruction of justice charges against him and his deputies. Melissa knows the ins and outs of what she testified to. Robert Gibbs lied but then that's what he's paid to do.
1:05 "Nasty Apartment?" My maid is here three times a week and nobody can truthfully say that anything is nasty. Except maybe those of you who have broken in and taken documents that did not belong to you. Hmmmmmm.
1:05 I'd much rather hang with "that classy bunch" than with the gargoyle David Watkins and most of the other vultures circling DJP and hoping for a handout from good ole Ben.
Yawn....
POW!
Boff!
If the true narrative is kicking your ass, try to change the narrative to what you want. Say anything to do that. The obsessed woman is following the lead of her hero, the POS DA RSS. That is all he did in that train wreck of a useless prosecution. That is all she is doing in these incessant bogus postings by "many" people. I think, were I she, I would be looking for a job, but I am sure now NO ONE wants to hire her.
Sad and pathetic.
The BIG QUESTION: Who is next on the RSS "Hit List"? Who is the next person stepping up to a leadership position, or the next person trying to make the city better? That person will be the next person Robert S. Smith targets.
@9:30. Like those 2 State auditors the DA DA POS RSS indicted for no reason. I wonder why we even have a bar association.
9:11
She has a job as soon as you jerks stop harassing her by filing useless motion after useless motion, requiring her to appear in Madison County Court week after week. I have hired her and am damn lucky to get someone strong enough to work for Ben Allen a number of years and still retain her sanity. Your rants against her are uncalled for. I can't believe you people think there is only one person in Jackson who finds Allen reprehensible.
Back at it bright and early, huh 8:43? Save your breath. You will have all the time in the world to talk all you want to...UNDER OATH.
857 Hi Ben.
11:28. Not Ben. You wish. But I promise the next few months are going to be SO MUCH FUN.
Tick tock tick tock tick tock tick tock.....
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