Thursday, August 16, 2018

Judge Green to RSS: Indict or Release.

Hinds County Senior Circuit Judge wants District Attorney Robert Shuler Smith to explain why prisoners in the Hinds County detention system are incarcerated for more than 90 days without indictment.  She issued a show cause order against District Attorney Robert Shuler Smith last week.   She decreed:


For years the Hinds County Jail has been burdened with detainees who are arrested and linger needlessly in our jails for unreasonable periods of time without indictment and many times, without the appointment of an attorney.... Additionally, the indigent detainees remained incarcerated well beyond the 270 days required for prosecution....

IT IS FURTHER ORDERED AND ADJUDGED that the District Attorney shall file a show cause statement, in writing, stating supporting facts and law, regarding why each individual detainee, who has been held in jail more than ninety (90) days, without indictment, should not be released on personal recognizance, or why he or she should not have his or her bond reduced or why the detainee is not eligible for bond and/or release. Said written show ause statement shall also indicate the number of days the detainee has been held in jail, the amount of any bond set and the pending charges that have been filed against the detainee. The written show cause statement of the District Attorney shall not be filed later than five (5) days after the Sheriff has provided the District Attorney the jail detention list of names. Request for review on behalf of a Detainee by his or her Defense Counsel, to include the Public Defenders, may be filed in the normal form for Motion practice, or may be filed as a response to the District Attorney's show cause statement not later than three (3) days after the District Attorney files any written show cause statement.



21 comments:

Anonymous said...

Showboating! Why doesn't she just come out and say it...She's getting ready to clear the jail.

Anonymous said...

Bravo to Judge Green for doing this. I'm not for putting dangerous people on the street, which is why I wish the Hinds County DA would do his damn job and indict and try those JPS or HCSD arrests. We have a constitution in this country, and it assumes that everyone is innocent of a crime until proven guilty beyond a reasonable doubt, as judged by a jury of his peers. Indict, try, and then deal with these people. It is Robert Shuler Smith that is directly responsible for a lot of the violent crime in Jackson, which is largely why Mike Hurst has stepped in to let the feds take care of things.

Anonymous said...

Not going to be a great result....but.....probably needed doing....

Will be a mess in the short term.

Anonymous said...

I bet this raised an eyebrow or two! Neither Shuler Smith or Green are people I have regards for, but this is going to get interesting.

Anonymous said...

She's going to make a point when all those gangstas hit the street and go wild with crime! Why the voters can't see that RSS isn't doing a good job at all astounds me.

Anonymous said...

There’s that little thing called the constitution which backs up her position.

Anonymous said...

Meanwhile, just try and set a hearing in her court. Not happening, ever.

Anonymous said...

It takes a Republican to clean up Jackson.

Anonymous said...

WHAT ARE YOU GONNA DO ABOUT IT EYEBROWS

Anonymous said...

I'm no fan of Judge Green. However, Judge Green is not mean-spirited, so I do not believe she is doing this for any willful intent or purpose solely to release criminals back on the street. Call it cleaning house if you want to, but it may be an attempt to get RSS to get his office in gear or to shed light on their inability to do their jobs.

I see this Order by Judge Green as evidence that she and the other sitting judges recognize that their is an entire institutional failure by the Hinds County District Attorney to properly handle the job that is needed. It further demonstrates that Hinds County has far more criminals than the current mechanisms and personnel hired to deal with them can handle.

Unfortunately, I think Judge Green is correct. Placing people in jail for prolonged periods of time without an indictment is wrong and probably violates their basic constitutional rights (despite the belief that some may have that thugs should forfeit their constitutional rights).

Anonymous said...

Damn you are naïve 4:46 PM.

Anonymous said...

Why the voters can't see that RSS isn't doing a good job at all astounds me.

It does? It astounds you?

Does it astound you that Kenneth Stokes never faces more than token opposition and wins re-election overwhelmingly?

Jeez, take a look around. How can the stupidity of Hinds County voters “astound” anyone?

Anonymous said...

Constitution and state criminal rules support the timely indict/prosecute position or release. Can’t just park bodies in the county lock-up for years. Convict them and get them to MDOC. If not, lock and load for stand your ground. Either way, I’m tired of paying for the ineptness of the Hinds County criminal justice system. I applaud Green for calling out the DA, even as she needs to be held accountable too. And, by the way, do any of you think her opponent - one of RSS’s ADA’s - will do better? If so, I have some SoJxn prop for you.

Legislature needs to step up with more judges and resources; the Bar or Feds need to hold the DA, etc. accountable. Yeah, it’s political both ways but the attention it’ll generate has been needed for a long time.

Anonymous said...

Green and Smith have a symbiotic relationship-

Anonymous said...

No one should be in jail for 90 minutes without an indictment. Mississippi has been doing this for years to keep beds filled and the pockets of certain people lined.

Anonymous said...

When was the last time a judge ran for DA, maybe it's time.

Anonymous said...

Sadly, it’s not hard work to get an indictment. But apparently too hard for our current DA’s office to do it in a timely manner. This is simple stuff. Do a spreadsheet with a 90 day deadline for each case and meet the deadline. In the cases where you can’t meet the deadline, either have good reasons why you can’t or let it go. A big problem with the current system is they are slow but still indict crappy cases. Crappy cases lead to clogged dockets, as defense attorneys can spot weaknesses and will want to try those cases. The DA should focus on good, serious cases and let the crap fall to the side. That’s not being soft on crime. That’s being smart. And might teach law enforcement to bring them better cases.

Anonymous said...

DA Smith does have to run for office again soon as does Disgrace To The Robe Tommie Green. Hinds county would do well to vote them both out.

Anonymous said...

@8-16 6:06 Your comment has to be the most stupid thing I have read in awhile. So, someone who has been arrested for, oh, murder should not be in jail for 90 minutes without an indictment? Have you been "It's five o'clock somewhere" drinking? SMDH

Anonymous said...

Hinds county would do well to vote them both out.

Never happen. That's why we have them and The Stokes Twins.

Anonymous said...

8:18, 9:02

Jackson wouldn't be Jackson without 'em.

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