Wednesday, May 10, 2017

D.A. tries to postpone his trial.

Hinds County District Attorney Robert Shuler Smith wants to postpone his retrial that is scheduled to begin on June 12.  He argued in a motion filed yesterday that he intends to use the testimony of Christopher Butler to help his case but can not do so until pending criminal cases against Mr. Butler are adjudicated.  Mr. Smith was indicted for improperly helping criminal defendants.  His January trial ended in a mistrial.  However, the two sides have been battling back and forth so here are the latest developments in the case.

*Mr. Smith filed a motion to continue the trial until after Christopher Butler's criminal charges are adjudicated on April 12.  He argued that Christopher Butler will continue to exercise his rights under the Fifth Amendment if called to testify for Mr. Smith until Butler's case is resolved.   The defendant argues Mr. Butler's testimony will help his case and thus needs his testimony that is free and unfettered from any pending criminal charges.  (P.1 posted below)


However, the Attorney General fired back at the motion in a response that was filed today. (p.5)  The A.G. argued:

The first assumption rests on the notion that Butler will take the same approach at the retrial that he did at the first trial of this case, and it is nothing more than an assumption.  The second assumption rests on the jailhouse letters which Butler has written to news outlets, a city councilman and others proclaiming –  to no one’s surprise – that he is innocent of all charges brought against him. Smith also contents that the Attorney  General has been dilatory in moving the Butler cases to trial. In point of fact, several of the cases are proceeding to trial and should be concluded before the retrial date in this case.
2.  As to the cases brought against Butler by the Mississippi  Attorney General, three of  those  cases  are  set  for  trial  on  May  22, 2017.
The A.G. is referring to three criminal cases that are being prosecuted by the A.G.'s Consumer Fraud Division. There are also two pending drug cases against Mr. Butler that Mr. Smith has attempted to withdraw and form the basis of this prosecution.   Mr. Butler was indicted in 2011 for the drug charges yet has not gone to trial.  The A.G. also accuses the District Attorney of playing games.  He recused himself from the case last summer but has refused to turn over a crucial piece of video evidence despite Judge Weill's order on April 25 that he do so.  Thus the A.G. claims that the delays in the drug cases are due to the D.A.'s repeated use of continuances to delay adjudication.

*Mr. Smith and his attorney, JIIIIM Waiiiiiiiiide filed a notice for a hearing to consider the motion to continue and exclude the testimony of Robert "Too Sweet" Henderson on May 17 at 10:00 AM.  (p.13)

*Motion to Exclude testimony? Mr. Smith filed the motion to exclude Too Sweet's testimony and any evidence of bribery. Too Sweet testified in the first trial that he took bribes to get the D.A. to help criminal defendants.  However, he also said Smith betrayed him by not helping said defendants. 

Kingfish note: I will interject a comment here instead of the end of the post as is the usual practice.  The D.A. is probably doing the A.G. a favor with this motion.  Too Sweet didn't testify on any matters involving Christopher Butler or how his case was handled.  The defense was able to turn Too Sweet's testimony into a circus.  Calling Too Sweet to the stand allowed the defense to bring in Tony Davis and Charlie Brown.  It was probably the lowest point of the entire trial and frankly, did nothing to help the prosecution.  Earlier post with video. 

*The Court also denied the District Attorney's attempt to claim that a second trial would be double jeopardy in March.  (p.18)

18 comments:

Anonymous said...

Meanwhile, McBride is getting dragged before the bar tomorrow. Shameful shit, Jim.

Anonymous said...

What's the Bar's beef with McBride?

Anonymous said...

I guess after having the charges dismissed with predjudice, Anderson was too unprofessional or too butt hurt to withdraw whatever bar complaint they filed when they indicted McBride. No wonder Larry Baker can't find a job, who would want to work with low lifes like them. They are lepers in the eyes of most in the prosecution and defense bar.

Anonymous said...

I am an attorney and I find it beyond outrageous that the Bar complaint was not withdrawn. This is V for vendetta against Mr. McBride by those who lost their case against him, and this will not stand either.

Anonymous said...

Man! A lawyer who exists in disrepute among other lawyers? That's got to be a lonely, pitiful existence. Sorta like the doctor announcing, "This hemorrhoid over here is really troublesome". Ain't they all?

Anonymous said...

Jamie is a stand up guy. Indictment was chickenshit to begin with. I'm confident the Bar will dispense with this nonsense.

Anonymous said...

The fact that they are even holding a hearing is ridiculous. Back scratching? Kilgore, if you want to do someone a favor give Baker a job

Anonymous said...

Damn. A post about our crooked DA trying to put off his trial and all of Jamie's posse turns out (again) to tell us what a good, stand-up guy he is. Give it a rest, folks. If there is not a basis for a complaint, I am sure that the honorable folks over there at the MS Bar will recognize that. You do realize that all lawyers are honorable, don't you?

Anonymous said...

Maybe Reeves can rent the McBride posse in advance of the next Lynn Fitch posting here. Then it would look like the whole Southeast was against her.

If Reeves needs any tips on renting temporary supporters he should give Senator Geritol a call.

Anonymous said...

10:04 says "No wonder Larry Baker can't find a job" and 10:25 says Adam Kilgore should give Baker a job. As far as I'm aware, Baker is still at the Atty Gen's office. Is that no longer correct ?

Anonymous said...

No Larry Baker is NOT with the AgS office any longer. In fact Mr. Baker was so concerned about Robert Smith and his "unethical" behavior that he actually asked DA Smith for a ADA position.

Anonymous said...

Baker was fired right after the trial.

Anonymous said...

Apparently, Anderson is worried (or unhappy) because, rumor has it, he approached Coxwell about a job.

Anonymous said...

Spoiler Alert: Smith didn't give Baker a job.

Anonymous said...

Did the A.G. also facilitate David Scott's, ah, retirement? He was the asst D.A. assigned to Epps who was put on an old Steelcase desk when Epps' got his ass in a sling. Now his nameplate appears to be missing too. Hood must be a bitch to work for.

Anonymous said...

3:49. He may be a bitch to work for (Hood), but this absolutely 69 year old, life long Republican is voting for Jim Hood, if he runs for Governor. Tate Reeves is the bitch. Pissed everybody in the state off. All of that "tax cut starve the beast" bullshit. Go to Birmingham, Chattanooga, Littlr Rock, MON FREAKIN GOMERY, and see political leadership. He likes so many of the other political leaders want to out redneck each other

Anonymous said...

Governor Hood (61-39 versus Tater latest polls) will have no problem hiring capable people. This lifelong Republican cannot wait to vote for him over the disaappointing, pandering Tater.

Anonymous said...

Governor Hood (61-39 versus Tater latest polls) will have no problem hiring capable people. This lifelong Republican cannot wait to vote for him over the disaappointing, pandering Tater.

Put down the bong dude. Your brain is fried.


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