Thursday, July 20, 2017

Judge Kidd denies Ben Allen's request to toss verdict.

Ben Allen will have to take his fight against Hinds County District Attorney Robert Shuler Smith to another court.  Circuit Judge Winston Kidd denied his motion for a j.n.o.v. and a new trial yesterday.*  Mr. Allen was convicted of one count of embezzlement in February.  A grand jury indicted him for ten counts of embezzling funds from his employer, Downtown Jackson Partners.  However, the non-profit organization defended him and said he did not embezzle funds.  Judge Winston Kidd gave him a suspended prison sentence of five years and a probation term of two years. 

The indictment stated in Count IV:

Benjamin Wade Allen III being a person undertaking to act for others and entrusted by them with business of any kind or money did willfully, unlawfully and feloniously convert to his own use any money or other valuable thing to wit a$1,738.37 for payment of Benjamin Wade Allen III and Susan Allen's personal cell phone bill said $1,738.37 being the lawful property of Downtown Jackson Partners, a nonprofit corporation, which lawful currency came into his possession by virtue of his employment at Downtown Jackson Partners, a nonprofit corporation, and which monies he did not return to Downtown Jackson Partners in violation of Miss. Code Ann. 97-11-25;
However,  Mr. Allen argued in his motion:

1. The embezzlement verdict in Count 4 was against the overwhelming weight of the evidence. Embezzlement cannot occur when the supposed victim voluntarily approves of the use of the property. In the present case, according to the Indictment, Downtown Jackson Partners (“DJP”) was the owner of the property. DJP consented to Mr. Allen having a phone line for his wife. The testimony was uncontroverted that Mr. Allen reimbursed DJP under their approved procedure. Both the investigation by Board Attorney Robert Gibbs and the Board of DJP found as a fact that Mr. Allen had fully reimbursed DJP. Therefore, there can be no embezzlement....

3. Mr. Allen was indicted for embezzlement under Miss. Code Ann., § 97-11-25. This Code Section deals with public officials, trustees, or lawyers, none of which applies to Mr. Allen.....

4.The Trial Court erred by allowing, over objection, the undisclosed testimony of Councilman Kenneth Stokes. This last minute production of this witness, which the prosecution was fully aware of before trial, was a violation of discovery. .....

5. Additionally, Mr. Stokes’ testimony was improper rebuttal testimony. Mr. Stokes gave improper opinion testimony that the assessment collected by DJP was a “tax”. Councilman Stokes was not tendered or accepted as an expert under M.R.E., Rule 702. No report was provided to Mr. Allen’s attorneys prior to trial. If Mr. Stokes is an expert, then the Rules required a report prior to his testimony. If not an expert, then his testimony was improper under Rule 701. If offered as an expert, then Mr. Allen should have been offered his expert report prior to trial. In no event was Mr. Stokes’ testimony proper rebuttal testimony. The Mississippi Supreme Court has consistently held that the prosecutor cannot withhold for rebuttal evidence that which should be brought in its case-in-chief.
 DJP attorney Robert Gibbs stated in a resolution authorized by the Board of Directors:

The Board states that the payments Mr. Allen reimbursed DJP for the monthly charges each and every month.  The report states that the expenditures were "completely authorized" and that "the accountants for DJP received full reimbursement on a periodic basis from Mr. Allen during his employment."

  DJP approved the line for Susie Allen with the understanding that Mr. Allen reimburse DJP.  This was always done and none of othe money alleged in the indictment was converted by Mr. Allen.   Earlier post.

Mr. Allen filed a notice of appeal earlier this week.

Earlier posts
Suspended sentence for Ben Allen

Civic leaders stand up for Ben Allen
Ben Allen asks court to toss verdict.
DA posts Ben Allen's SSN online.
Guilty of one count.
The jury steps up to the plate.
D.A. tries to subpoena Jerry Mitchell.
Ben Allen trial update: "You are confused."
Ben Allen trial update.
Ben Allen trial update.
Ben Allen trial update.
Ben Allen to D.A.: Do your own homework.
DJP & Board defend Ben Allen.
Ben Allen files motion to dismiss.
Ben Allen indicted.

**judgment non obstante veredicto. A j.n.o.v. takes place when a judge believes there is no factual basis for a jury verdict and reverses the verdict.


Anonymous said...

Ben Allen should spend some time in the pen for his crimes. Spending time in the Jackson prison would be even more ironic. Great Things JXN

Anonymous said...

Ben. maybe it is time for you to leave the city and move to Madison. Cut out the lights before you leave. Justice will prevail, it certainly hasn't so far. Believe me, their are many, like me, that completely support you and all you are trying to do to help the city of Jackson.

Kingfish said...

Yet Robert Shuler Smith prosecuted Mike Brown but refused to prosecute the co-conspirators who helped loot DeMon McClinton's inheritance because they just happened to be black. Thomas McClinton and his girlfriend.

Even though Thomas admitted it on the stand in Rankin County and the D.A.'s office gift-wrapped the case and handed it over to Hinds County.

Artie Johnson said...

Very interesting timing in such close proximity to the Sups smack down of RSS.

Anonymous said...

Kingfish HIZ-SEF posted this (below), yet he would have shit-canned it and called any other poster a racist for the remark:

"Yet Robert Shuler Smith prosecuted Mike Brown but refused to prosecute the co-conspirators who helped loot DeMon McClinton's inheritance because they just happened to be black.

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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