Tuesday, June 4, 2019

D.A. Drops Indictments Against State Auditor Employees

Two State Auditor employees can now live without the cloud of indictments hanging over their heads.  Hinds County District Attorney Robert Shuler Smith withdrew the indictments against Dave Huggins and Karei  McDonald in December.  Mr. Smith obtained a grand jury indictment against them in March 2016 for allegedly trying to obstruct the investigation of former Downtown Jackson Partners President Ben Allen.

 A Hinds County grand jury indicted David Huggins and Karei McDonald for "first degree hindering prosecution by obstruction" on February 26, 2016.   Mr. Huggins is the Deputy State Auditor and Mr. McDonald is an investigator for the Office of the State Auditor.   The indictment alleges Huggins tried to prevent the "results of the investigation of Ben Allen from being conveyed" to the District Attorney.   The McDonald indictment makes the same allegations as well. Questions were raised about Mr. Allen's spending as Executive Director of Downtown Jackson Partners two years ago by a part-time employee, Linda Brune, who claimed to be a whistle-blower.




A grand jury indicted Mr. Allen on ten counts of embezzlement.  The jury only convicted him of one count.  The Court of Appeals threw out the conviction and declared Mr. Allen to be a free man.

The D.A.'s motion to withdraw the indictment states:

2. Subsequent to the issuance of the indictment in the within Cause, the prosecution of Benjamin Wade Allen, III, was successfully tried and a Hinds County Petit Jury returned a guilty verdict against Benjamin Wade Allen, III, for the offense of embezzlement on February 7, 2017.

3. In light of the Benjamin Wade Allen, III, conviction, the State is of the opinion that it is both proper and in the interest of justice that the State seek an order of Nolle Pros in the within Cause.

WHEREFORE, the State request this Court to accept this it's motion for a Nolle Pros and enter an order Nol Prosing the within Cause.
Circuit Judge Tomie Green approved the motion presented by Assistant District Attorney Jamie McBride.

Kingfish note: A bullshit case presented by an out of control District Attorney.  Indictments should have never happened.



15 comments:

Anonymous said...

"Nol prosing?" Seriously? You can't add "ing" to a Latin legal term and make it a verb.

Anonymous said...

I agree with your assessment 100%. Total bullshit. I would only add that they - the law enforcement officers - were indicted for hindering the prosecution of their own case. They told RSS that it was at worst a civil case and he subpoenaed their investigative file. When they wouldn't turn over their investigative file because they were still investigating, he indicted them. This was all within days of his antics with Judge Priester. He was either really on or really off his meds around that time.

Anonymous said...

8:23, might as well be pig Latin

Anonymous said...

Robert Shuler Smith is a complete psychopath. His actions completely destroyed any possibility of successful prosecution of Ben Allen or recovery of any funds on behalf of the property owners in Jackson. His response to the Auditor's Office attempting to convince him the file was not completed, was to (lie) mislead a grand jury into wrongful actions which later led to the case completely falling apart during trial and on appeal. Thank god he will not continue as District Attorney in Hinds County and hopefully will never hold a position of power in any government office in the future. Let him return to defending scumbag drug dealers, murderers, and sex offenders. This is exactly where he belongs.

Anonymous said...

Wasn't it McBride who was indicted with Smith by the AG, then made a deal with them and now he is dismissing two indictments against State employees? Hmmm. And why put in the Motion they are being dismissed because Allen's case resulted in a conviction? Seems to me it should have been based on higher court throwing out Allen conviction. If basing the Motion on his being convicted, seems like they would instead go forward and try these indictments because there were in facts crimes committed by Allen and these two withheld potential evidence .

Anonymous said...

Smith just needs to find a cave and disappear.

Anonymous said...

RSS POS

Anonymous said...

Hard to believe the FBI never pursued charges. They had someone present during his trial.

Anonymous said...

I refer to the trial of Robert Smith when I said the FBI was present during his trial

Anonymous said...

Jamie might wish to be "nol prosed" for the entire sentence, "WHEREFORE, the State request [sic] this Court to accept this it's [sic] motion for a Nolle Pros [sic] and enter an order Nol Prosing [sic] the within [sic] Cause." C'mon, Mississippi lawyers...I know it is just Mississippi courts and law but would a little proofreading be all that difficult?

One Old Lawyer said...

Come on, @11:41, don't condemn all of we Mississippi lawyers for this assistant D.A.'s bad grammar!

Anonymous said...

December?

Anonymous said...

One Old Lawyer said...
"Come on, @11:41, don't condemn all of we Mississippi lawyers for this assistant D.A.'s bad grammar!"

I've met Jamie and from the little bit I know, he seems a decent guy. I'm mostly razzing. OTOH, I hate to see lawyers make stupid mistakes because it either supports the jokes or offers support to stereotypes. Sure, everyone makes mistakes but I would suggest that lawyers have an obligation to be de minismising them....just for them thar quasiesque Latin fans out there.

Anonymous said...

Kingfish hit the nail on the head. BS and never should have happened.

Anonymous said...

9:38. What are you talking about? There were no funds to recover. Nothing was ever taken or stolen. How can you recover something that was never there in the first place? The rest of your post is spot on.

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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.

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).


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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.


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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.


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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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