Saturday, December 15, 2018

Ben Allen Gets His Day in Court

Former Downtown Jackson Partners President Ben Allen got his day in court as he fights to overturn his 2017 conviction for embezzlement.   A jury convicted Mr. Allen 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 while placing him on probation for two years.   The Mississippi Court of Appeals heard oral arguments on his appeal on December 6.  The video is posted below. 

The jury acquitted Mr. Allen on nine of ten counts.   District Attorney Robert Shuler Smith tried to change eight of the ten counts during the trial but Judge Kidd put a kibosh on that idea. The jury determined that the payment of Mr. Allen's wife's cellphone bill with DJP funds constituted embezzlement even though the funds were reimbursed.  DJP Attorney Robert Gibbs testified the Executive Committee for the Board of Directors approved the inclusion of Mr. Allen's wife on his DJP cellphone plan as long as the funds were reimbursed. 

The arguments begin at 13:35. The state begins at 29:30.  Special Assistant Attorney General Barbara Byrd argued the state's case while attorneys Merrida Coxwell and Charles Mullins represented Mr. Allen.



Observation: The panel didn't seem to buy the state's arguments.  State never really cited a case in support of its position.  Start watching at 30:50.  The Judges appeared to be highly skeptical of the prosecution's case as Ms. Byrd got to sit on the hot seat for awhile. 

48 comments:

Anonymous said...

Not finished yet but this so far is a serious case of whoop ass.

Anonymous said...

Yikes she doesn’t seem to be the sharpest tool in the shed now does she? I don’t know Ben Allen personally but I’m happy it looks like he is going to spank these folks he deserves it after all he has been through.

Anonymous said...

Ben Allen is the white version of Mike Espy. Both are dirty, but their teflon coating makes things hard to stick.

Anonymous said...

I’m just sad that justice will probably not be served. One time my bike got stolen so I guess I am biased against thieves.

Anonymous said...

Good old boys circling the wagon. Him claiming innocence is like Espy claiming the same.

Anonymous said...

Speaking of not being the "sharpest tool in the shed", whatever happened to those 2 dingbat women beind all of this? Reeves and Brune?

Anonymous said...

I met Ben Allen and o can honestly say that he is honest. Has anyone even said anything about the $850 million in new development in Downtown Jackson that he has helped to make happen? No.... all anyone wants to do is look at the 3 name false mayor and think he is responsible.........

Anonymous said...

The process is the punishment - somebody wanted to make an example out of Allen; but could those who prosecuted him withstand the same scrutiny?

Stalin's Deputy Premier Beria said "Show me the man and I'll show you the crime." We're seeing that play out on the national stage - whatever your politics may be, just hope that they don't come after you...

Anonymous said...

4:51 is nail hitting head. Like the 3 judges said, if the board approved the cell phone for Allen's wife, and if the approval means embezzlement, the POS DA should have come after the board, not Allen. He wanted to roast a white boy, IMHO.

Rankin County Prosecuter said...

4:33 Can't speak about the ditzy 71 year old red-head, but Linda Brune is scheduled to go to trial in Madison County end of January for a multi-count, felony embezzlement charge brought forward by Michael Guest and the Madison County Grand Jury. Accused of stealing a boatload of money from Jackson Downtown Partners.Trial was supposed to have been months ago, but every time it is time to go to court, she "gets sick and goes to the hospital", gaming the system for a continuance. Judge won't play that game forever. She is going to jail.

Anonymous said...

Wow - Byrd really got picked apart, she seemed unprepared and scared out of her wits.

Anonymous said...

4:19 who is 4:28 who is 4:33 number 1 post. Watch the appeal and quit looking stupid. This is the most trumped up BS ever perpetrated in Hinds County, and I bet the opinion BLISTERS the DA and the AG's office for prosecuting such a ridiculous case.

Anonymous said...

So how many real, serious cases did the DA ignore whilst they were chasing this bullshit?

Anonymous said...

If I stood in front of the Court of Appeals and continually evaded their questions, argued with the judges, and generally copped an attitude, as Ms. Byrd did, I would expect to be absolutely slapped down. That said, I would hate to have to defend the work of Robert S. Smith on appeal, which is the obligation of the AG's office.

Anonymous said...

6:03 makes a good point. Kingfish? Sad thing is, this DA will get re-elected in this FUBAB ass, reverse racist city.

Unknown said...

Ben Allen is not a crook.

Anonymous said...

Mueller kangaroo prosecution, Jackson edition.

Anonymous said...

Ben Allen is a good man....he loves Jesus....he loves Jackson. I have known him and his family for many years. Politics in Jackson and Hinds County stinks and to attempt to disparage a good man like Ben who has had the guts and the dedication to improve Jackson’s future, is despicable, I am a native of Jackson and this kind of opportunistic and biased political behavior by those who have no stake in Jackson’s future......just the opportunity for a quick dollar, makes me sick and sad for our beautiful city. Please pray for good men like Ben and for our formerly beautiful city......Kent Dear

Anonymous said...

This poor girl drew the shortest of short straws. Defending eyebrows' dumbassery is impossible.

Anonymous said...

with all the crime all the problems this city and state have how in the world legal dollars are spent on this joke. People do this all the time and reimburse employers its not embezzlement.

Anonymous said...

Kingfish please keep your fans apprised of that crazy woman’s trial. Maybe she will call Charlotte and John Reeves as character witnesses. And the bogus Jerry Mitchell. All too sick in hindsight.

Anonymous said...

7:18 with the post of the month.

Anonymous said...

5:19
4:33 here. I'm neither 4:19 nor 4:28. Just somebody that knows a crook when I see one. All these Allen family posters that keep saying, "look! Squirrel!" can STFU. Allen is a felon, convicted by a jury. End of story. Speaking of that, did he vote for his son in the last election? Worth looking in to. As I said at 4:33, good old boys circling the wagons. Same old, same old.

Anonymous said...

Wow. Not being an attorney, I have no knowledge of these type appeals, but as an American with pretty decent common sense, how in the hell did this EVER see any light of day. The apparently clueless Ms. Byrd stood there and actually seemed to believe the ridiculous logic coming out of her mouth. SMDH violently. Does she not "get" that if the DA prevails, case law will be established regarding a whole new definition of embezzlement?

Anonymous said...

Coxwell is correct, this is one that Hood should have called BS and conceded instead of sending this young lady to stand and argue a totally BS defense of RSS. This is one time that the DA should have had to defend the case. I know the law, but wouldn't it have been interesting to have RSS in front of the court on this one. Ms. Byrd did a excellent job arguing a case which I'm sure even she didn't believe.

Anonymous said...

Every lawyer, if he or she goes into a courtroom, is going to have days like Ms Byrd had. Lawyers don't get to make their facts, and an appeal case is always limited to the facts put into evidence in a trial court. An appellate lawyer has what she has, and she has to make the best of what she has And yes, sometimes it seems to laymen that the lawyer ain't too bright when she argues what she has to argue. That perception of her isn't helped when one or more judges decide to grandstand, which is what happened here. You be the judge as to why one judge felt it necessary to continue pounding when the point had been already made. Lawyers, whether in private practice or in government practice, do not have the right to just argue or not argue a client's case. Sometimes the client's case stinks, but they are duty-bound to represent the client as best as they can. Ms Byrd's client is the State of Mississippi. You see the problem lawyers can have often enough when criminal defense lawyers have to defend their clients the best they can. The lawyers are not stupid, not ignorant of the law, they sometimes just don't have much on their side of the case. I think it is unfair and unkind to make a negative judgment about Ms Byrd on the basis of this case alone. You have probably just seen her on her worst day so far in her career. Do you want to be judged on the worst day in your career? If you really want or care to assess her ability, you could watch her other arguments. As for the attorney general himself, I expect he was completely unaware of this appeal, just as he is personally unaware of most of them. His office handles well over 300 direct appeal cases a year, not including death penalty cases and federal habeas corpus challenges to State convictions. He does not himself direct how a case will be handled as a rule. It is an exceptional thing when he does.

Anonymous said...

Like 7:30 said. It’s not embezzlement if it is paid back. But the proper thing to have done was to have the costs deducted each month from his salary. If there was an agreement up front about the phone plan and costs then there should be no misunderstanding. It sounds like several people couldn’t get along so someone started a controversy which lead to this.

Ben has some a lot for Jackson. When was the last time any of you tried to truly do something right and make a constructive change in this City like he did? Damn, there are some Jackson haters here.

Anonymous said...

5:19

But Allen’s case is clearly going to get overturned on appeal. He then won’t be a felon and won’t be a crook, by your standards. It’s almost as if you haven’t followed the case or, much less, watched the video. The judges were doing everything but laugh at the state’s case. Hell, Griffis did laugh!

His conviction was a clownshow. The AG should have conceded, but couldn’t due to the politics involved.

Anonymous said...

8:44 enjoy your hatred and jealousy re: Ben and family while you can, and before the January 28th trial and impending jail time. He IS a convicted felon, but will not be for long. YOU are not.....yet. Did you bother to watch the above post, or are you too busy trying to sell "Ben Hate". Well it ain't working. He IS innocent, and you ARE guilty.....GOD is watching you. Go call the Reeves' twins and meet for lunch to bitch, but they will have to pay as you ain't got a pot to piss in. ROFLMFAO.


I have known Ben for many, many years and he and his family are wonderful people. And no, he did not vote for his own son. Because of a couple of sick, demented people conspiring to create a totally bogus nightmare (that will soon be over), a Hinds County uneducated jury found him guilty of one of 10 bogus charges. He has honor. YOU DON'T.

Anonymous said...

@7:18, Trump playing you like a violin. The Mueller investigation has yielded real criminal pleas and convictions. The walls are closing in on Trump. Lock him up!

Anonymous said...

at 5:19 PM

4:19 here. After dealingS with Ben on a business level while he was a councilman, I was being nice referring to him with a teflon coating.
The song "The Snake" by Al Wilson is so fitting just about now.
Stick with your opinion, I will remember how he cost us dearly.

The Allegation and the AlliGATOR is Hearby Denied said...

"Like 7:30 said. It’s not embezzlement if it is paid back."

Oh, really? So, if I steal your car and bring it back later, I didn't really steal it? And if I rut up your front yard with my four-wheeler but bring a load of dirt over next week, I didn't really rut it up?

I'm neither arguing the innocence nor guilt of Ben, just wanting 5:44 to know how stupid his comment was.

Anonymous said...

YAWN. Save your breath for court under oath. Bernie and you have one thing in common. You will both die in prison. I think I would be catching up on my heretofore nonexistent church tithes at this point.

Anonymous said...

Raymond Detention Center is full of carjackers, drug slingers, murderers, and thieves and the DA is putting his full resources of his office behind a cell phone bill charge...

Anonymous said...

Are you that GD stupid, obsessed, POSSESED and demented 11:57?

"Oh, really? So, if I steal your car and bring it back later, I didn't really steal it?"

Should READ "So, if I AGREE TO LOAN YOU MY CAR AND YOU RETURN IT, YOU ACTUALLY STOLE IT FROM ME?" Can you read, and if so, process what you read? What part about "permission" do you not, or refuse, to understand?

Give it a rest. Nobody has ever given a tinker's damn about you, your opinion or your life.


Now get some rest. You are going to need it. You will be under oath at about the time your illusion is retired and in Florida. What a 74/teenage loser.








;57

Anonymous said...

I’ve been a prosecutor. I’ve been asked to pursue arguments that I knew to be motivated by politics. I declined. Prosecutors have that discretion. I could have been fired. I wasn’t, but I’d rather be fired for intellectual honesty than forced to create a life long record of taking positions that are inconsistent with the law. While I sympathize with getting a repugnant assignment, I have no empathy for failure to exercise discretion. She could have just as easily told the court the truth rather than look like a deer in headlights and hide from it.

And as for Brune, not sure where y’all are getting the info, but she entered into Pre-Trial diversion. There is no more criminal trial to report.

Anonymous said...

I have known Ben and his wife since our college days. I can honestly say I have never met any 2 better people than these two. I think this is also reflected in their children (who I have never met). This was on of the worst "jury?" decisions I have heard, but fairly consistent with other Hinds county jury decisions.

Anonymous said...

2:36. Trial for the thief Brune is set for January 28th.

Anonymous said...

December 16, 2018 at 2:06 PM
Ben, you are pathetic.
Damn, boy, do you think no one remembers how you, as a councilman and "radio personality" ridiculed those that called in questioning that failed partnership with the crooked-as-hell promoter? Or any of the many, many times that you personally belittled anybody that questioned what "I'm a damn prophet" had to say?
To be a blazing narcissist and obnoxious to boot, who could ask for more?

Anonymous said...

Now, back to 7:18's comment. It is truth. So many of the posters would not recognize the truth if it hit them over the head. Don't know who they are personally, but I sure do recognize BS.

Anonymous said...

I do not know Ben Allen. In fact, someone sent me a link in disbelief of how ill-prepared the state was for a case.
Not a single citation? Not one? That is One-L stuff. Her superiors should be brought into court to receive the ruling
And to be read the riot act. Complete lack of oversight. There are multiple diversions that -keep a groundless charge from proceeding.
And, to those claiming attorneys can only try the case before them - get in the participation trophy line- total BS she was wholly unprepared and her superiors had to be aware of this. Did I hear they filed an IRS charge in state court. Is that a bad day too? Pure ignorance. So whatever this guy did to bring on this malicious and incompetent prosecution, must have really ruffled some feathers but even a common idiot can see this charge is a joke - such a joke the video is linked in law forum sites. Wtg Mississippi.

Anonymous said...

12:25. Kaboom. Nailed it. Right on. Ouch. Hot damn. Best comment to relevance yet. Best comment to total stupidity yet. I only wish the drug head Robert Shuler Smith would have had to stand there along with the grossly incompetent Judge Winston Kidd and find it clumsy that the state is required to defend a stupid prosecution birthed by a corrupt and clearly deranged District Attorney. As an attorney who has had to deal with both gentlemen many times, I deeply hope the written opinion scorches both, along with AG Jim Hood. This is supposed to be the United States of America, not some third world country.

Anonymous said...

Jim Hood will not confess error in any case. The judges questioned this tactic, all but saying to him that he should not be defending this conviction. This case has been a travesty from day one, and I too hope that the COA burns both Hood and RSS in the process of reversing and rendering this conviction.

Kingfish said...

It's really simple. John Reeves and RSS cooked up this prosecution to scare the business community (or what's left of it in Jackson) out of getting involved in the Mayor's race. Remember, the original indictments went after the use of a committee to raise money for Mayor Yarber's inauguration.

Anonymous said...

2:06 - It was not I, but you, who said 'if it was returned it was not embezzlement'. That's pure bullshit notwithstanding your bullshit laden follow-up post at 2:06 pm.

Here's the quote from your post at 5:44, "Like 7:30 said. It’s not embezzlement if it is paid back."

Suck on that for awhile.

And while you're at it, you don't even know that when dealing with public funds and non-profits, it is flat out illegal to use those moneys for your own benefit....even when you pay it back when you realize the jig is up.

Anonymous said...

9:53. I think in addition to that, RSS was in deep doo doo himself, and this would draw attention elsewhere. And, there is no love lost with the racist Black Power Structure for anything white, successful and downtown. It has been that way for years. (For you not familiar with the BPS, tune into almost any "black station" in town for any of the endless local radio shows with endless black hosts and you will readily see). These groups are so clueless.

Anonymous said...

Let's hide and watch and see if 9:54 is smarter than the 3 judges on the COA.

Anonymous said...

9:54. "Don't cry for me Argentina". You.Are.A.Sick.Joke. Ben is innocent and thank God for this entire episode, as it will and has further revealed the shit hole Jackson is. The indictment was for embezzling from a private corporation. Public was never brought up until the trial when RSS was getting embarrassed and tried to change horses in the middle of the stream. Get.A.Life.While.You.Still.Can.As.Your.Days.Are.Clearly.Numbered.Old.Woman.



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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.

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