Hearing transcript says Dowdy was Giglio-Imparied
Embattled Mississippi Bureau of Narcotics Director John Dowdy is leaving the agency. He announced in an email yesterday:
The State Auditor recently forced Mr. Dowdy to repay $30,122 after Dowdy was caught misusing compensatory time buybacks. The former U.S. Attorney tried to claim he was a law enforcement officer even though he never graduated from a training academy. Shad White was having none of it and ruled he was not a law enforcement officer. Mr. Dowdy repaid the money last week. Earlier post.
An interesting deposition recently popped up. MBN demoted a captain for taking some biofreeze from a first aid kit. The demotion cost her $48,000 per year. Yup, the same biofreeze that can be bought by the pallet at Sam's WITHOUT a prescription literally at the front door:
The State Personnel Board said enough was enough and reinstated the good Captain with back pay. Earlier post.
However, some rather interesting testimony popped up during the SPB Hearing. Captain Tammy Reynolds' lawyer Anthony Farese performed up to his usual pit bull standards and went after Director Sissy. Dowdy admitted he was the subject of a Giglio Letter. Mr. Farese also pointed out he got in trouble for misusing a grand jury subpoena.
Kingfish note: One little interesting fact. Mr. Dowdy claimed he was a LEO when he was trying to get out of repaying $30,122. However, he said in the hearing he was not a LEO (p.12, line 7) but then later says he is an LEO since he carries a gun and a badge (p.14).
53 comments:
Cannot understand what "Giglio Impaired" means....
First read that as gigilo...this is less exciting
Why is part of a deposition included here? While interesting, it makes no sense in that it has no bearing on the resignation? What the hell is Giglio and how does one become Giglio impaired? Please clarify.
Bring us up to speed: Is this position appointed? If so, by whom and to whom does the position report?
Makes me wonder what a little bit of digging will uncover ?
Giglio is a US Supreme Ct case from the early 1970's that said that the prosecution's failure to disclose that an LEO's illegal prior behavior will result in the dismissal or retrial of criminal cases. If you are a LEO who has a shady background that will have to be disclosed (and the disclosure of which will likely impair the prosecution), you are considered Giglio-impaired and will not be used on a case for that reason. From the internet:
"A 'Giglio-impaired' law enforcement officer, generally, is one against whom there is potential impeachment evidence that would render the officer or agent's testimony of debatable value in a case, meaning that a case that depends primarily on the testimony of a single Giglio-impaired witness is at risk."
It's been around for a while. Dowdy, who seems to want to be an LEO when it helps him and wants not to be one when it hurts him, is trying to assert that he can't be Giglio-impaired because he is NOT a LEO. This is contradictory to not only his other testimony, but also to his claim to try to get out of the questionable expenditures.
So much of this relates to his conduct in his previous position in the US Attorney's office. A good investigative reporter might find a gold mine of reportable information if he/she were to start digging there. You, KF, have touched on some of it.
Bring on Jimmie Nichols!
Bye, Bye Dowdy. A well deserved end to his horrible performance at MBN. He even has a typo in his resignation letter that is only one paragraph long!
Word on the street is that the District Attorney of Pearl River and Lamar Counties, Hal Kitrell, is going to hire Dowdy as an Assistant District Attorney! This job is repayment and/or a political favor for the DMR investigation from a few years ago.
Several attorneys in Pearl River and Lamar counties are already saying that they will immediately appeal any indictment(s) that Dowdy is involved in. He is Giglio impaired which will not serve him well as ADA. DA Kitrell, you may want to rethink this decision.
Ol' Dowdy is just sort of smelly, ain't he? And not in a good way. He's just got a grimy funk about him.
A Giglio impairment will not affect a person's ability to be a DA or Assistant DA. It affects a LEO's ability to be a reliable witness.
I'm am flabbergasted that every regular on this board is not a Giglio expert.
Would be interesting to investigate whether he broke any firearm laws in MS or other states attempting to use the cover of LEOSA statutes when he is not a LEO. Carrying a weapon in many places, including the secure area of some state building is a crime unless one is actually a LEO. Other state agency commissioners that are not LE but have a gun and badge would be wise to take notice.
Dowdy was an obama appointee to the position of U.S. Attorney. That explains everything.
I agree. Jimmie Nichols would be a great leader.
I will gladly take Tater in order to lose the likes of Dowdy, Hall, and Fisher. Can't have it all but the state is a much better place right now.
Governor can you please do what the former Governor couldn’t do and appoint someone with integrity to run DPS, MHP and MBN. The last 15 years under George Phillips, Marshall Fisher, Santacruz, and John Dowdy has been a train wreck. These corrupt individuals have gotten away with so much at the expense of the fine men and women who work for these agencies. Enough is enough, fix the problem from day one and clean house. There are a few more in these agencies still here that need to given their walking papers.
A prosecutor is not a witness. A prosecutor will never ever take the stand and be subject to cross examination. Dowdy'sprior testimony in a matter has no bearing on anything if he is a prosecutor.
If you wish to give legal opinions or advice please go to law school first, practice for a few years, and then maybe?
Why is an MBN Captain making enough that a demotion cost them $48K a year? The DIRECTOR should cap at $48k a year.
What is the intended use of Bio-Freeze?
Another Crony of Phil and Fisher. Hey Dowdy. You idiot. You misspelled Our in state. It’s not out. Prof read before you hit send. To you generic goodbye farewell. You big dummy. Y’all ruined every damn thing y’all touched. Laugh now and run to Montana with your partner in Crime Fisher. You both need be serving time. Rotten Crooks. Red Leg!!
The blatant ignorance about Giglio baffles me. Allow me to refresh everyone's memories:
"I'm just a Giglio (Giglio)
and everywhere I go (Giglio)
people know the part I'm playin.(Giglio Giglio Giglio)
I pay for every dance (Giglio)
sellin each romance (Giglio)
Oh, what they sayin?(Giglio Giglio Giglio)"
I got some biofreeze captain smoke show.
@1:28 and @2:22 can you please explain page 209 lines 1-12 where Dowdy clearly states in his own words. “What the Supreme Court has said is that it’s a violation of a defendant’s due process right if the prosecutor does not provide impeachable information to be used in front of the jury.....the difference is that a Law enforcement officer involved in the investigation is in the critical position to make sure that a defendant’s due process rights are protected. And obviously, the prosecutor prosecuting those cases has an obligation.
Prosecutors are considered part of the criminal justice system, where they indict/prosecute cases brought by other agencies and have their own investigators to assist in said prosecution. Then how is that not an issue? If someone is deemed untrustworthy or lacks integrity how does it not bleed over into everything else he/she touches as a result. Not an attorney, just inquiring because seems like defense attorneys would argue if he was capable of that, what else is he capable of doing then.
Jimmie Nichols is the right person for the job.
I am not a Tator fan but glad his election cause both Fisher and Dowdy to resign. I worked at DPS and it’s a terrible organization that needs to be completely reformed. Haley put Santacruz in a repayment for favors he did on the coast as Santacruz was only a high school grad who was only a captain. Bryant kept him and then put fisher in charge which was just as bad. Glad a few of the bad apples are gone.
Does he have the guts to clean house? or is he a nice guy that everybody likes?
You know what would be awesome??? If Johnny D and son both shared a cell together. Don't drop the soap Dowdy's!
Word on Market Street is......
Joe Nicholson and Mike Ezell are going to be the latest crime fighting duo (Director/Commissioner).
I heard they cleaned up a lot of messes within Jackson County. Bad news for a certain MBN female captain...no more public sexual escapes for you!
Shuddup and go suck a muffler.
4:22 PM
Its not difficult.
Prosecutors are not sworn in during a trial of a defendant.
Prosecutors no longer have to "vouch" for a witnesses credibility (100 years ago they did).
Since prosecutors are not under oath in the trial they are not subject to Giglio ruling.
The witness is subject to Giglio and if the witness has credibility issues then that is a problem.
You are trying to make too much from not enough.
The MBN needs to be disbanded and take that money to help fund and upgrade the state crime lab.
Thanks @5:14 us scumbag former US attorneys need to stick together. Well said friend.
Kingfish
He is just a nice guy who can catch a snake. He will not make the hard decisions when it comes to his friends at MBN. However they will be happy because they will not be held accountable for anything. Just my take
There are many public servants with felony convictions and some in prison for the same shit! Whatever Dowdy! You are so crooked. You will not be missed in public safety in no arena. You are a joke and you have been found out. We definitely won’t miss you. The Agents statewide cried hallelujah when we read your farewell. Goodbye ass hole. Sincerely Agent. You weren’t. Ha
5:04 pm I am sure that Mr. Ezelle and Joeseph Nichols are good guys, and running a Sheriff Department is tough, but running MBN is much different, there is no Will and Pleasure hiring and firing, and no disrespect intended here but running a County Narcotics Task Force is a joke compared to running a State Narcotics Agency, there is actual accountability for every thing you do. One major issue at MBN is that no Governor has yet taken someone who actually worked at MBN, someone who already knew what the agency needed, someone who understands exactly what it takes to be an MBN agent, what being an MBN Agent requires both at work and at home. MBN has been demoralized by federal retirees and lawyers. Maybe this time that will change, someone will come in who understands each element of being and Agent of MBN.
Dowdy you and Fisher would have been better off just leaving without the shameful pitiful letter. You two dummies. Typed in the email body. No official letter! To all DPS! You both are such fakes!
Maybe the good agents can return to the Bureau!
This circus began under a former DEA Special Agent named Don Strange, he alone got MBN’s budget cut by 40% in one day. Then there was a Federal Prosecutor who came in and ruined morale, he then appoints another DEA Special Agent named Marshal Fisher, he alone finishes MBN off, then MDOC, but first he promotes the Tractor Queen and few more A$$ kissers and then hand picks an MBN Agent who took 20 years to promote, who really put it back 20 years. His Deputy gets fired for sexual misconduct, settles a law suit for thousands to the female employee who’s husband also gets promoted to hush him. So Owens promotes Steve Maxwell to the former Deputies position, who is also a Fisher fan club member. Under extreme duress Owens retires and Fisher hand pics Dowdy, another US Government (fed lawyer) Giglio quality, and you already know the rest. Currently their hand picked guy is in charge. Really ! We wonder how the tractor queen even survived. Let’s see, what was her last name at the time ? Starts with a C and ends with a N ! So you have it! And to think some Sheriff can tackle that.
There is not a more qualified person to be the Director of MBN than Jimmie Nichols! I worked for DPS for many years and along side Jimmie Nichols for many years. He is the only candidate for Director that would call for outside investigations into the corruption that has plagued MBN for the last 16-20 years! He knows who all the players are and he knows the majority of the roles that they played but he also knows that every time the FBI or the AG’s office would be contacted about these individuals and their corrupt activities that nothing was ever done because of political relationships between Directors, Commissioners and heads of the outside agencies who could conduct thorough investigations. Jimmie Nichols is a fair man, a God Fearing man, and he has spent his entire adult life protecting and serving the citizens of Mississippi and combating the illegal drugs and narcotics trade. Jimmie Nichols will always do what is right by his fellow man, by his fellow co-workers, by all of the citizens of Mississippi. It is no secret that Jimmie is well known in the political area in Mississippi but I have no doubt that if he had to put handcuffs on any politician regardless of who or where it was for a crime that had been committed, HE WOULD DO IT WITHOUT HESITATION! The former administrations DO NOT WANT Jimmie to be named Director of MBN out of utter fear that their felonious and corrupt ways will finally be brought to light and that they will finally have to answer for their misdeeds! MBN still has some moles left in its upper ranks from George Phillips and Haley Barbour. If Governor Reeves appoints Jimmie as Director of MBN and allows him to do his job, Mississippi may finally see the head cut off the snake of the illegal drugs and narcotics trade. If not, then expect the same stuff for many years to come, because It will be nothing but another change of faces at MBN and the corruption will linger on....unchecked and untouched!!!
8:14.
Sam Owens was an agent.
Agree with 4:44, DPS is ~$100 Million agency with an identity crisis and a lack of administrative rigor. If Tate wants to make his mark, he needs to do a nationwide search for a new DPS Commissioner and consider reorganizing and refocusing its constituent parts. The underlying problem is that the highway patrol has too much influence and not enough experience running complex organizations. Bring in civilian professionals to perform jobs that troopers are doing, open recruiting for MBI and MBN outside of trooper ranks, and seek out technology to solve the efficiency problems plagued by the department. So many administrative processes are still done on paper (time sheets, expenses, etc.)
Tate, you have to start somewhere, and DPS has been a visible and consistent embarrassment to the state.
So, to be clear, what 5:14 said is this: Since Giglio does not come into play regarding a prosecutor's credibility, therefore he is not subject to scrutiny under Giglio, his value in the process cannot be impeached simply because he's an untrustworthy scoundrel. I understand now.
I'm remembering now that state expert, criminologist or cause and manner of death expert (was it Haynes?) who helped convict many charged with murder...his credibility, background and training were later impeached and he was never again called to testify. But what about all those people he helped put on death row or otherwise in prison? This may not have been Giglio but is similar.
722... AMEN! that is all.
@3:55 PM - speaking of spelling, it's "proof," NOT "prof." Bwa, ha, ha, ha.
@11:19 Tractor Queen. Love it. Absolute truth. She was vindictive with power and people have long waited for her retirement, yet like all the other "losers" at the top, no one retires. Good Agents cannot move up in rank because the top heavy agency won't cut some heads off. Personal statement to tractor queen "GO HOME. enjoy retirement. You can now go buy a tractor to park in your front yard". All the butt sniffers at the top should be cutting throats to move up in rank now. That is the truth. Jimmy Nichols really should have ran the agency before Fisher was ever a fleeting thought for a choice.
Dowdy is an ole miss graduate. That explains everything from his inability to run the agency, temptation to rip off the agency and the typo.
3:55, your post is an amazing example of the failure of the trooper selection process.
howdy doody dowdy, another political appointee clown who has worn out his welcome . he was a bigger clown than frank melton.god must love those types cause he makes so many of them. howdy dowdy needs to call buffalo bob and see if he can get his old job back.
7:33 am
Yes when we elect DAs and appoint aUS Atty we are relying on their good judgment.
We are all fallible and make mistakes....sometimes those mistakes can be easily rectified and sometimes not.
That’s why it’s so important to truly evaluate the person who will be in charge of prosecuting people.
Well said @7:33, DA Kitrell wake up!. Just know that your constituents in Jefferson Davis,Lamar, Lawrence, Marion, and Pearl River Counties do not appreciate this potential hire. It smells like a quid pro quo to us and the good ole boy days need to cease. Hopefully you believe what you preach. “Criminals to Justice & Justice to Victims” posted on your website. We can’t really see how you expect us to believe that garbage if you hire someone of his character. The only people who will suffer are the victims whose voice will be drowned out by Dowdy’s dirty deeds. Make the right choice If you have it in you sir.
Allison Killibrew! Great job mam! You got the ball rolling on this. We miss you!!
I think some people on this blog are missing the point. A Giglio impaired person may be able to be an ADA, Director or MBN or hold a number of other positions. I think it, more importantly, speaks to the lack of character and the lack of integrity. Why would anyone, including any District Attorney, take the chance on hiring such a person? Is there not a qualified candidate that is not Giglio impaired?
With all due respect, one does not have to go to 3 years of law school to determine that hiring a Giglio impaired person comes with a unique set of unnecessary problems for an employer. I think that is what God calls common sense.
Jimmy Nichols would be a Great Choice. Then Tate needs to take a look at MEMA. It's been a Hot Mess for the last 4 years. No leadership and it's ran by a group of Village Jack Asses.
OK, so let's assume you all get your picks for MBN, MEMA, DPS, etc., will that ensure success? The best ideas and plans are often undone by politicians and self-serving appointees. From my experience, state employees will just find something else to complain about.
Post a Comment