Former Hinds County District Attorney Robert Shuler Smith is representing Dwan Wakefield, Jr. Wakefield is serving 35 years for Accessory after the Fact in the murder of little Kingston Frazier, kidnapping, and auto theft.
Wakefield drove Byron McBride, Jr. and D'Allen Washington to the I-55N Kroger in 2017. Ebony Archie (Niece of Hinds County Supervisor David L. Archie) parked her car at Kroger at 1 AM and went inside to shop, leaving her 6 year-old son, Kingston Frazier, inside the vehicle with the engine running. The trio of hoodlums saw the vehicle. McBride stole the car and murdered the child in Madison County. He is serving a prison sentence of life.
Wakefield appealed his conviction. Attorney Tom Fortner withdrew from the case. Smith filed a notice of appearance in August.
Madison County Assistant District Attorney Randy Harris* objected and filed a motion to disqualify Mr. Smith as counsel for Wakefield. Mr. Harris argued Mississippi Code Section 25-4-105(3)(e) bars Smith's representation of Wakefield because he personally participated in the prosecution of Wakefield while District Attorney.
The motion states the Jackson Free Press reported on May 22, 2017:
Madison District Attorney Michael Guest joined County Prosecuting Attorney Pamela Hancock and Hinds County District Attorney Robert Shuler Smith to speak with the media in front of the building, confirming that they will work together on this case.
“We are trying to coordinate the prosecution of this matter. Some of the events strictly happened in Hinds County; other events happened strictly in Madison County. So, since we got a continuing event to cross county line, we are going to work together to make sure that we use the criminal justice system in both Hinds and Madison County to bring swift justice and to see that these individuals are held accountable for what they done.
The video posted below shows Mr. Smith speaking at the press conference. However, he only observed the hearing and did not participate.
The media reported on May 23, 2017 that Smith said he intended to seek additional charges against Dwan Wakefield, D'Allen Washington, and Byron McBride.
However, the Hinds County District Attorney never obtained an indictment for auto theft or any other offense against any of the three men. Harris claims Smith was involved in the early stages of the investigation. Evidence would have been shared with Smith.
Smith didn't quietly withdraw but instead chose to fight to stay on the case. He said his client waived any conflict of interest. He cited several cases in support of his claim, arguing other prosecutors were allowed to represent defendants they prosecuted while in office.
Smith also blamed the state for taking the case away from him:
That during my last term as the District Attorney for Hinds County, the State did not recognize the duties as the duly elected District Attorney of Hinds County. Instead, the State made a strategic, tactical, political move to ignore that jurisdiction in this case was in Hinds County, MS.
Therefore, the undersigned had no involvement with this case whatsoever. That, consequently, the Defendant requests this Court to take judicial notice that this crime occurred within the First Judicial District of Hinds County, Mississippi.
Similar controversy arose in Hinds County last year when Smith represented clients he once prosecuted. Hinds County District Attorney moved to disqualify Smith but Circuit Judge Winston Kidd denied those motions. Earlier post.
* Irony. Randy Harris worked for Mr. Smith as a prosecutor in Hinds County.
Kingsnake note: Yes, Robert, more than a few people were glad you didn't get your mitts on the case. There were fears you might take a dive (as is suspected on the Barak Patton case) or screw it up as you did on the Chelsie Kirschten murder.
11 comments:
There you go with the appeal to sympathy.
what an idiot-
8:39 AM
Who is appealing to sympathy?
Already serving decades in prison with nothing to lose? Call RSS and maybe he can pull some strings or call in a favor, if you are cynical enough to believe that's actually how things work. Just don't expect him to actually practice law.
The racism on display here is disgusting.
I have notified the ADL, the SPLC, and the NAACP.
Prepare for cancellation.
RSS: Just because your new client (Wakefield) waived any conflict of interest, it does not mean your former client (the state) waived the conflict of interest. The Rules of Professional Conduct are not suggestions, they are have the same effect as law. But, no reason to let a little thing like ethics get in the way of a good fee.
12:14: HAHAHAHAHAHA There is a long list of reasons to criticize RRS, as an attorney, before we even get close to his race.
-11:34
I wonder how many relatives took out second/third mortages to pay that grifter?
Ah yes vaunted jurist Winston Kidd!
I'm far from a Covid freak, but come on public representatives. There is not a single mask in that throng of officials to be seen.
6:44 you may want to brush up on your reading comprehension. That video is from 2017.
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