Thursday, August 3, 2017

Fondren carjacker's conviction reversed thanks to D.A. & Judge.

JPD catches them while the Hinds County criminal justice system does its darndest to turn them loose.  The Mississippi Court of Appeals reversed the conviction of  Kadarius White and sent his case back to circuit court for a new trial.  The District Attorney had a recording of White confessing his crimes to his girlfriend for two years but did not tell the defendant about the recording's existence until the morning of the trial's first day.  Judge Winston Kidd did not grant a continuance to White so he could review the evidence.

White went on a crime spree back in 2013:

¶4. In August 2013, a Hinds County grand jury returned a nine-count indictment against White. The  indictment alleged as follows: On April 7, 2013, White used a gun to take Scott Penman’s wallet and cell phone (Count I – armed robbery) and white Toyota Corolla (Count II – armed carjacking). On April 22, 2013, White used a gun to take Shelley Davis’s purse (Count III – armed robbery) and Jeep Cherokee (Count IV – armed carjacking). On April 22, 2013, White also used a gun to take LaQuinta Thomas’s purse (Count V – armed robbery) and Honda Civic (Count VI – armed carjacking). On April 23, 2013, White used a gun to take Destiny Taylor’s wallet and cash (Count VII – armed robbery) and Ford Fusion (Count VIII – armed carjacking). And on April 24, 2013, White possessed a Hyundai Sonata that had been stolen from Tabitha Bailey and that White knew or had reasonable grounds to know that the vehicle was stolen (Count IX –  possession of stolen property).
 Following a jury trial, White was convicted of two counts of armed robbery, two counts of armed carjacking, and possession of stolen property. He was sentenced to four terms of twenty-five years and one term of ten years, all to be served concurrently in the custody of the Mississippi Department of Corrections.

One bad dude.  However, even bad dudes have rights and are protected from trial by ambush.  The Court stated:

Just prior to opening statements, the district attorney disclosed that the State possessed approximately ninety-five minutes of recorded phone conversations involving White, and the State intended to introduce unspecified parts of the recordings, including an alleged “confession,” into evidence at trial. The recordings had been in the State’s possession for two years, but despite a specific discovery request by White, the State had failed to disclose their existence. The trial judge delayed opening statements just long enough for White’s attorney to listen to the recordings but denied White’s request for a continuance or mistrial.

White arrested in April 2013 and held at the Simpson County jail. Hinds County was forced to ship its prisoners to neighboring jurisdictions after inmates destroyed pod C in a riot at the Raymond Detention Center at the time.   White was dumb enough to call his girlfriend on the jailhouse phones and discuss his criminal activities:

thereafter. Within a few days of White’s arrest, Captain Fred Williams of the Simpson County Sheriff’s Department obtained recordings of phone calls placed by White from the jail to an unidentified female. Captain Williams notified JPD Detective Williams of the evidence, and Detective Williams and Detective West promptly traveled to Simpson County to retrieve the recordings. Detective Williams testified that he recognized White’s voice on the recordings...

The District Attorney tried to place the blame on JPD:

On Monday, May 4, 2015, a jury was selected. At the end of the day, the judge told the jurors and the parties to report back ready to begin trial at 9 a.m. The next morning, just before opening statements, the district attorney announced: “This morning, Your Honor, we received a CD. . . where Mr. White was recorded from the Simpson County jail speaking to his girlfriend, and he also basically confessed to committing certain crimes in this case. The defendant did not get this because we just received [it] this morning.” In response to the judge’s questions, the district attorney admitted that although he claimed that he had “just received” the CD, it had been in Detective West’s possession for two years. Defense counsel informed the judge that the district attorney’s announcement was the “first time” he had heard about the CD.....

They sparred back and forth but Judge Kidd allowed the prosecution to play excerpts of the recordings in court.  The D.A. didn't even provide a list of excerpts until 8:59 AM on the day they were presented in the courtroom.
The recorded conversations were rather damning (Read #20 on page 10 in the opinion posted below for the actual conversations.).   However,  the Court gutted the D.A.'s attempt to blame JPD:

the explanation given for the discovery violation does not hold up.  The district attorney claimed that the CD was overlooked because it was “part of a number of investigations,” all related and involving White. In other words, the CD was relevant to so many cases that the State forgot that it should be produced to the person recorded, who was under indictment in five such cases. Even White’s specific discovery request in January 2014 did not prompt the State to correct this regrettable “oversight.” Only sixteen months later, after a jury was selected and just prior to opening statements, did the State suddenly realize that it should turn over the CD to White. It is difficult to imagine a clearer violation of Rule 9.04.

The Court said the rule is supposed to prevent "trial by ambush" and it was clearly violated in this case.  It said the defense based a substantial part of its argument on an inability of the police to link the guns to White.  However, the recordings "seriously undermined"  that claim and did so with no warning to the defense.  Meanwhile, the prosecution ran up and down the field with the recordings in its closing arguments as Mr. Smith argued White confessed in the recordings.

Kingfish note: Total incompetence all the way around but hey, this is what the voters of Hinds County want. 

*Rule 9.04:

If during the course of trial, the prosecution attempts to introduce evidence which has not been timely disclosed to the defense as required by these rules, and the defense objects to the introduction for that reason, the court shall act as follows:

1. Grant the defense a reasonable opportunity to interview the newly discovered witness, to examine the newly produced documents, photographs or other evidence; and

2. If, after such opportunity, the defense claims unfair surprise or undue prejudice and seeks a continuance or mistrial, the court shall, in the interest of justice and absent unusual circumstances, exclude the evidence or grant a
continuance for a period of time reasonably necessary for the defense to meet the non-disclosed
evidence or grant a mistrial.

3. The court shall not be required to grant either a continuance or mistrial for such a discovery violation if the prosecution withdraws its efforts to introduce such evidence.


Anonymous said...

At least Danny Glover and the mayor can't show up and blame the incompetence on white racism.

Anonymous said...

10:26 Why not? After all, don't confuse me with the facts my mind is made up

Anonymous said...

Yall clearly dont know how much Madison and Rankin and other court judges are reversed. Lets be fair in our reporting

Anonymous said...

@ 11:38 I think the post points to RSS lying about how long the evidence was known to exist and the judge still allowing it in to the trial despite the "last minute" arrival of those phone calls.

Go watch My Cousin Vinny before you start your "What about Madison and Rankin?" crap.

Kingfish said...

Really? The decisions and hand downs are online. Show me some.

Anonymous said...

RSS and Judge Kidd are both beyond awful and I hope people remember these guy when he commits another crime.

Anonymous said...

Hey guys, just a friendly reminder to inject race into everything! Y'all are doing a great job! Keep up the good work!

-the 1860's

Anonymous said...

2:19, facts speak for themselves. Race can be determined and applied to facts. Determine the cause of the remand, analyze against other judges or DAs, do whatever analysis you choose. Then if the facts produce results that have a racial connection - its not the 1860's. Its not racism. It is admitting an issue that some folks don't wear enough blinders to overlook.

Anonymous said...

Incompetence is incompetence, regardless of race. Forget the race of the people involved -- just concentrate on the deeds and misdeeds and crimes and cost of retrial. We are doomed as a county and as a city if incompetent people continue in elected office. It is not racist to point out the constant blunders of an elected official. It is public education of the voter by an informed press. No matter what your race, being represented by the equivalent of one of the three stooges is everyone's concern, or should be.

F mickns said...

Hey Fish. Based upon this judges reasoning, looks like the conviction of Butler may either be thrown out (?) or sent back for re-trial as his defenses tried for years to see the video that was first shown on the first day of his trial. Or do I have that wrong?

So are so we saying trial by ambush is OK? Incompetence on the part of prosecute rs should not be rewarded by judges. Wouldn't a judges additional incompetence by not following the law be even worse. Hey this is too hard, Let's go back to tar and feathering in the town square. Lynch sweet tea anyone?

Anonymous said...

Yelling incompetence does not get you noticed as much as yelling racist.
Racist is the catch all of excuses. When there is nothing else that can be used for an excuse yelling racist is the answer.

Anonymous said...

Still waiting on the list for all of the Madison/ Rankin reversals. Criminal cases there have been about 3 in the last decade and the trial judges top the list for number of cases tried in the state. The AOC maintains the numbers. Even the C-L has run articles about the high number of cases tried and the low reversal rate. So why make a false statement about the Madison/Rankin system?

Anonymous said...

Timothy Norman v. State, 2014-1789
Reginald Desmond Wallace v. State, 2014-1131
Edward M. Myers v. State, 2013-0226
Carl Richard Cook, 2012-1553

Anonymous said...

classic example of why everyone want to work for the government. you have no liability , no mater how bad you foul things up.

Anonymous said...

a case handed down back in the early 1990s by the supreme court call Stringer v state said that when prosecutors pull a stunt like this that they would be required to pay for the retrial out of their office budget. why the COA failed to apply that is beyond me.

Anonymous said...

the COA may have reversed this case , but as for the trial judge that allowed this train wreak to take place, no stern warning , no rebuke, no disiplinary action, no nothing.

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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.

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