Wednesday, July 12, 2023

D.A. Challenges A.G. in Fox Case

It appears Hinds County District Attorney Jody Owens is going to challenge Attorney General Lynn Fitch in the Anthony Fox case.   

A Hinds County jury convicted former JPD officer Anthony Fox of culpable negligence manslaughter in the death of George Robinson.  Fox appealed his conviction to the Mississippi Court of Appeals.  Special Assistant Attorney General Casey Farmer filed a brief Monday that recommended dismissing the case.  It was the first time the Attorney General has ever taken the side opposite the District Attorney on an appeal of a conviction.  

Ownes vehemently disagreed with the recommendation and issued the following statement.

 

 
 

 

Hinds County Assistant District Attorney Joseph Hemleben filed a notice of appearance with the Court of Appeals yesterday. 

 


 Stay tuned.  


50 comments:

Anonymous said...

Good to see the D.A. fighting back!

Anonymous said...

I mean no disrespect to Jody, however if MBI along with FBI Investigated finding no fault with Officer Fox, then why do you inject yourself in this filing. Certainly the FBI ‘ other agencies have Much More Training & Experience than you. I pray this Officer is back to work soon!

Anonymous said...

I mean no disrespect to Jody, however if MBI along with FBI Investigated finding no fault with Officer Fox, then why do you inject yourself in this filing. Certainly the FBI ‘ other agencies have Much More Training & Experience than you. I pray this Officer is back to work soon!

Anonymous said...

Mr Owens Sir, your office prosecuted this case, you won, and it was appealed. Let it go and move on with the backlog of cases your office has!
Don’t get involved in this just to save face, you are gonna loose! All higher courts my bet are going in Mr Fox favor! Sir, you have a court that’s overwhelmed in cases that need your attention. Let’s get the real criminals off the streets!!!

Anonymous said...

Owens and Wooten both need to be held accountable for this travesty! Good luck finding good LE officers that want to work in Hinds County.

Anonymous said...

The FBI did not have the autopsy report when they made their preliminary finding. The did not know the cause of death was multiple blunt force trauma to the head.

Anonymous said...

Considering the number of grammatical errors in that rebuttal from the DA, I hope he knows the law better than he does the English language.

Anonymous said...

More lost talent coming back to haunt Fitch.

Anonymous said...

@2:58 ACTUALLY, MBI did not investigate this. It was JPD investigating JPD. Additionally, the standard for federal is different than for State. Additionally, maybe look into the prosecution of the USA office (investigated by the FBI) in Jackson they lose quite often.

Anonymous said...

Owens is wrong that it is the AG's job to argue to uphold a conviction every time. Under the Rules of Professional Conduct for Attorneys, the AG (a prosecutor) is the see that justice is served. So, if she believes the conviction was improper, it is her duty to argue to overturn it. That being said, I think she is simply grandstanding and doing this for purely political reasons, and not because it is the right thing to do. She is just trying to appease law enforcement.

Anonymous said...

Jody Owens is working hard for his Soros donation.

Anonymous said...

@3:21 well the AG filed extension after extension in this case…and somehow got their grammar right but the law wrong. I wonder which is worse hmmmmm

Anonymous said...

@3:09 you know it is in fact possible to address two things at once. Fight to uphold the conviction of a convicted murderer and address the backlog. It’s called multi tasking

Anonymous said...

Given that Lynn is wrong about everything else…I’ll go with the odds

Anonymous said...

If any cover-up is to be spoken about, in my opinion it began and ended at the DA's office and this "statement" is put out to try to justify what was wrongly done. Sounds like a classic case of "Cover My Butt" instead of admitting an injustice was done

Anonymous said...

Too bad Fox didn’t get the Louisana Judge who just let to Cops off for murdering a motorist.

Anonymous said...

Vote for Darla Palmer- get rid of Soros in Hinds County

Anonymous said...

Jody did that officer wrong!!!! What DA you know go to the hood and handing out money while looking for the states witness which is a heavy drug user!!!! Jody we that’s associated with that neighborhood and those witnesses know the truth! They took them to a hotel during fox trial and drilled them!!! Ronnie Arnold was the only witness that knew how to speak properly and he was a big liar! The DA knew they wasn’t going to win the first trial Barney and Lampley. The second trial was dress to win (they set officer Fox up). Judge Wooten wasn’t letting them clowns in her courtroom as there were in Peterson courtroom!!! Sweet Owens Lumumba Wooten set Officer Fox up political gain! Constance knows the truth killa told her he swallowed the dope and asked her to go get him some milk!!! Needless to say when she made it back he started convulsions (seizures). Jody made Constance change her story that killa had a headache and laid down that is not true!!!!!! These were not credible witnesses!!!! If only the public knew of what that DA office got going on! Ppl wake up our DA Wanted Fox he was the target!!!!! How many drug bust have you seen since Fox been in jail the murder is over double, how many times you seen SWAT since Fox been incarcerated???? Jody is involved in so much criminal activity!!!! Research Jody campaign and see who funded him $500,000!!!! Shame on the politicians that we vote in to abuse us!!!!

Anonymous said...

@4:27 try doing a public records request for the police reports. Constance told the police and the fbi about the headache BEFORE Jody was even DA. All this information is easy to find out. Anyone can get all of these records! In fact the full trial transcript is up at the Supreme Court, anyone can check it out and read what happened! If you’re really associated with that neighborhood then you know Fox stayed beaten people ass in that neighborhood all the time!

Anonymous said...

@4:21 but isn’t Darla also funded by Soros…she’s a democrat too…

Hookah said...

This is a first time Jody because that's how incompetent and corrupt you and your minions are as Hinds County DAs.

Anonymous said...

@4:27 if you get the full trial transcript you’ll see that alot of information you’re saying here came out at the trial. The jury knew Ronnie’s Arnold was a felon, they knew that police believed George Robinson swallowed something. They knew all the bad and all the good. But they still thought fox was guilty…think about that? After hearing all this bad shit about all these people…they still didn’t believe Fox. If you were an eye witness, maybe you should have told some body so you could testify about the “truth”

Anonymous said...

Looks like Jim Hood vs RSS 2.0

Anonymous said...

Purely political. This is a win for Fitch, not so much for Jody.
And all you people complaining about Soros money, how about you donate to local races.
Campaigns can’t operate for free.

Anonymous said...

The truth is going to set Fox free. I got a feeling some folks are going to go to jail and Fox is not one of them. Get that popcorn ready. The show is about to begin.

Anonymous said...

Who owns Jackson Streets? The dope boys! Why? Ask any JPD officer. Why we can’t get a conviction on the Dope Boys? Now DA Owens it’s your turn.

Anonymous said...

Darla Palmer probably represented the murders the cops were looking for that day

Anonymous said...

What exactly was DA Jody Owens election promise? Sent a police officer to prison for 5 years. Dope boys laughing their pants to their knees.

Dang Jody, do you need more money for staff?

Anonymous said...

Tempted to say "send in the clowns," but they've already staked their claim.

Anonymous said...

Just wait until all of the evidence can be revealed. The AG is spot on. It’s Owens that’s playing politics. Uncle Dennis is calling the shots.

Anonymous said...

Y'all keep saying MBI investigated. MBI did not investigate. JPD investigated and brought it to the grand jury.

Anonymous said...

Marshand going to tell it

Anonymous said...

There have been cases where the AG confessed reversible error. But here it would be interesting to know whether the AGs office informed the DA of its view prior to filing its brief. That is ir used to be the procedure when the AG agreed that reversible error was present. That would give the DA a heads up, and if the DA disagreed the AGs office would offer to step aside and let the DA handle the appeal. Back in the day, there was a fairly close and cooperative relationship between the AG and DAs, and what we are seeing here would never have happened. Then came RSS and now the current DA. Anyway, this clash could and should have been avoided

Anonymous said...

@10:22

If you can provide a case where the AG confessed on sufficiency of the evidence, I would really like to know. Confessing error is appropriate where literally no valid legal argument can be made: for example, trial was in the wrong jurisdiction, statute of limitations had run out, etc. Here, her job was to make the best argument, not tuck tail and run or pander to politics.

Anonymous said...

It’s funny how Jody let Greta Bully walk free after killing a man in cold blood. But he wants to leave this police officer locked up. Jody should be locked up because his entire family is crooked! Lock his ass up!!

Anonymous said...

@11:28

Bully plead open as in through herself on the mercy of the court. So your beef is with the judge, not the DA.

Anonymous said...

Greta Bully pled open. That means the state didn’t recommend a sentence but left it to the court. You can’t stop someone from entering a guilty plea.

Anonymous said...

10:22. Sufficiency of the evidence is a question of law. The test, in a nutshell, is whether the evidence and reasonable inferences therefrom in favor of the State, taken as true (meaning no credibility assessment of the evidence) would permit a reasonable juror to find guilt. This is the analysis in the trial court and on appeal. A finding that the evidence is insufficient is not a finding that the accused is innocent. It means only that the State failed to introduce evidence on an element of the offense, including venue. I have seen cases where the prosecutor simply forgot to prove venue. I don’t recall a specific case where lack of sufficiency was confessed, but a number of times when some other legal issue was. The reason is because it is almost always possible make some kind of argument in a sufficiency issue. In this case, what I know of the evidence comes from the AG’s brief. Wasn’t going to read the entire transcript under the belief that the AG lawyer would take particular care in this case to be complete and accurate about the facts proved at trial. Frankly, I didn’t see a case for culpable negligence manslaughter either from those facts. So the question comes to whether the AG lawyer would have been better served to make whatever argument she could, no matter how weak. I recall that some years ago the AG did in another case out of Hinds County, got treated roughly in oral argument, and was condemned in this site for ineptitude. I pointed out then that she didn’t make the decision to prosecute and had only the facts to work with that were in the record. So, sometimes it is a damned if you do, damned if you don’t situation

Anonymous said...

10:22. Sufficiency of the evidence is a question of law. The test, in a nutshell, is whether the evidence and reasonable inferences therefrom in favor of the State, taken as true (meaning no credibility assessment of the evidence) would permit a reasonable juror to find guilt. This is the analysis in the trial court and on appeal. A finding that the evidence is insufficient is not a finding that the accused is innocent. It means only that the State failed to introduce evidence on an element of the offense, including venue. I have seen cases where the prosecutor simply forgot to prove venue. I don’t recall a specific case where lack of sufficiency was confessed, but a number of times when some other legal issue was. The reason is because it is almost always possible make some kind of argument in a sufficiency issue. In this case, what I know of the evidence comes from the AG’s brief. Wasn’t going to read the entire transcript under the belief that the AG lawyer would take particular care in this case to be complete and accurate about the facts proved at trial. Frankly, I didn’t see a case for culpable negligence manslaughter either from those facts. So the question comes to whether the AG lawyer would have been better served to make whatever argument she could, no matter how weak. I recall that some years ago the AG did in another case out of Hinds County, got treated roughly in oral argument, and was condemned in this site for ineptitude. I pointed out then that she didn’t make the decision to prosecute and had only the facts to work with that were in the record. So, sometimes it is a damned if you do, damned if you don’t situation

Anonymous said...

Abandon Jackson and Hinds County. The financial loss you will take tomorrow is undoubtedly larger than the loss you may take today.

Anonymous said...

@12:31

So you are saying that there used to be attorneys at the AG that knew what their role in the process was. Good to know. Is that AG attorney still available because Lynn desperately needs her help running that shop

Anonymous said...

Thanks 10:22. I was wondering how that's supposed to work.

11:07, According to the State's brief, the State is merely following the decision of the Court of Appeals in Brown v. State, 304 So. 3d 692 (Miss. Ct. App. 2020).

There is no obligation for a party to take a position that it believes is contrary to controlling jurisprudence. In fact, it's the opposite. Let the DA argue his own case, if it means that much to him.

Anonymous said...

12:31, Can't venue be waived/tried by consent, or at least procedurally-barred as an issue for appeal? I can't imagine a case where it would be confessed as error on appeal, thought there might be such a case out there somewhere.

"So the question comes to whether the AG lawyer would have been better served to make whatever argument she could, no matter how weak."

Actually, I believe the attorney's duty is to serve the interests of justice, and those of the client, not her own interests. I do agree that we can't always choose which cases we have to argue, but sometimes we can.

Anonymous said...

Mr. Owens needs to study the limits of his immunity. Making libelous comments about innocent officers falls outside of his protection. Lawyer up, buddy!

Anonymous said...

2;03. Yes, it can. But what can happen is that the defense will raise the issue on a motion for directed verdict. However, if I recall correctly—and I may not—there was a case that indicated that lack of proof of venue is not waivable, equating venue and jurisdiction. But that can’t be right. Lack of jurisdiction is non-waivable. But an accused waives proper venue when he asks for a change of venue, and an accused has the right to ask for a change of venue.

Anonymous said...

1:23, 2:03. The criminal division in the AGs office used to be staffed by attorneys who did almost nothing but research criminal law, write briefs and orally argue before the State Supreme Court, State Court of Appeals, and in the federal courts from district courts to the federal supreme court. There was a section that handled death penalty cases specifically, federal post-conviction relief cases specifically, and a section that handled everything else from appeals from speeding convictions to capital murder with life sentences. Those lawyers were there for years, for the most part, emjoyed the work (many lawyers would rather stab themselves in the eye with a knitting needle than spend their days researching and writing) and gained over time an enormous store of legal knowledge about criminal law and institutional knowledge of how the State courts' views or approaches changed over time. Lynn Fitch did away with all of that. One of y'all suggested that the AG ought to confess error in cases where it is apparent that error occured, without regard to the druthers of the DA involved. Well, that sounds reasonable on the surface, but there are these considerations. First, the AG does not supervise and has no supervisory authority over the DAs. The Mississippi AG doesn't have the authority of the federal AG over federal prosecutors. Secondly, it is important that both offices work together, so it is not consistent with that for the AG to be seen as a kind of know-better-than-you office. Thirdly, there really is no magic measure when it comes to whether evidence in a particular case is "sufficient", and reasonable minds can differ. The instances where that can happen are rare. I can only say that in my experience I have actually won on that issue in several cases where I personally believed the evidence was not sufficient. What that means is that, in the end, it is an appellate court's view that counts. Holding aside extreme examples, which almost never occur, there is always going to be some evidentiary basis for defending a conviction. Maybe weak, hardly compelling, but there, and there enough for an attorney to ethically present an argument. Attorneys are not limited to making strong arguments, and it ought to be obvious why they aren't. The way these things were worked out in the past is that the AG lawyer assigned to the case would contact the trial prosecutor and talk through these issues. Sometimes a confession of error was concured with. But one thing that never happened was that the AG blindsided the DA with a confession of error, and I wonder if that happened here. If the AG and DA felt so strongly that their inconsistent positions were correct, the AG should have left it to the DA to write the State's brief. Just as the AG has no authority over the DAs, the DAs have none over the AG.

Anonymous said...

@8:34

Well stated. The word is that the AG called the DA less than 5 minutes before the brief was filed and press release issued. Unfortunately, not enough time to contact the victim’s family. Obviously, contacting the victim’s family is a task beneath the AG’s consideration

Anonymous said...

8:43, I appreciate the insight and experience you graciously took the time to post. But geez, man, use paragraph breaks.

/s/ a guy who'd rather research and write briefs than practice criminal litigation, any day of the week and twice on Sunday

Anonymous said...

Wow I didn't see him fighting that hard on the Greta Bully case. It's kinda of funny he signed off on house arrest for drive by shooting and murder

Anonymous said...

8:43. If I could use paragraphs here I would. There may be a way but I don't know it. I'm sorry for the inconvenience.



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