Jackson Jambalaya

Carly Gregg's trial begins today in Rankin County Circuit Court . The 15 year-old Gregg stands accused of killing her mother and shooting her step-father in March.  Greg cried as Circuit Judge Dewey Arthur repeatedly chewed out Gregg's lawyers Kevin Camp and Bridgett Todd for missing discovery deadlines during a pre-trial hearing September 10.  

Rankin County Circuit Judge Dewey Arthur held a hearing on all motions in the case September 10.  Unfortunately for the defendant, her lawyers continued their inability to follow the rules of criminal procedure.  

Wearing a simple black dress instead of the recent private school jumpers, Gregg entered the courtroom and sat down next to her lawyers.  Judge Arthur scheduled the hearing to address all pre-trial motions. 

Judge Arthur opened the hearing by granting the District Attorney's motion to enforce a gag order on Gregg's lawyers, Kevin Camp and Bridget Todd.  The motion cited various statements made by the defense attorneys to the media in support of its motion.  There was no argument over the motion because the defense filed a response after the deadline.  Judge Arthur quickly granted the motion after rejection the defense's response.  Such would be a common theme throughout the hearing. 

The Court similarly approved two prosecution motions in limine after the defense again filed their responses after the deadline.  The motions asked the Court to bar the defense from referring to facts not in evidence and making any references to jury nullification.  The prosecution asked the Court to bar the defense from making any golden rule arguments (as made famous in A Time to Kill.). The rule prohibits lawyers from asking jurors to place themselves in a party's shoes.  Judge Arthur granted the motions. 

The Court also approved a prosecution motion barring attorneys from making any inflammatory statements during trial.  Once again, Judge Arthur granted the motion after ruling the defense submitted a response after the deadline. 

A bit of squabbling took place over the next motion, a motion to suppress the results of Carly Gregg's urine test.  

When first arrested, Gregg was taken to the Rankin County Youth Detention Center.  The detention center drug-tests everyone who "intaked" at the facility.  Rankin County Youth Court Prosecutor Cory Gerber testified the screens are taken and presented to an on-site lab. If a result is positive, the sample is sent off for confirmation.  The test is used for assessment, not evidentiary purposes.  

Mr. Yerber said Gregg tested positive for marijuana on her drug screen.  Gregg filed a motion to suppress the drug screen.  Ever the DUI lawyer, Camp dissected the test and the machine on cross-examination.   

Assistant District Attorney Kathryn Newman argued Gregg admitted smoking marijuana the day before her mother was killed.  "We believe the information is pertinent since she asserted her right to claim an insanity defense. The door was thrown wide open to any act by the defendant, and is thus admissible.  Claiming insanity waives all medical privileges," posited Newman. 

Camp took the stand to rebut Newman.  He said Gregg was "entitled to due process, which did not happen in this case."  There has to be probable cause and a warrant, he argued. He said his client is entitled to know who performed the test, the testing procedures, and evidence the test is reliable.  The state showed no such evidence. 

"The test is not designed to be a stand-alone test. Trying to claim she is under the influence at the time of the arrest is based on an invalid test.  There was no consent, no warrant, and the test is being used from a different purpose than what the Youth Detention Center uses it for," charged Camp. 

Judge Arthur said the need for a warrant was greatly diminished since Gregg was already in police custody.  The Court determined the prosecution has a legitimate interest in determining whether a juvenile is under the influence in the Youth Detention Center. 

The Court denied the defense's motion to suppress but said the state can only use the test results in rebuttal. 

Next up was a motion to exclude testimony due to a late response. (36:44)  The Court told both sides to exchange discovery by August 20.  The state had "zero witnesses from the defendant nor any evidence of testimony."  The state asked for witnesses to be excluded.  Newman said the defense dropped off a jump drive with photos, an investigative journal by an Amber Floyd, but no witnesses or testimony.  The State asked for names of anyone providing testimony about Gregg's mental state but did not provide any information.The prosecution filed a motion to exclude any testimony or evidence submitted afterwards on August 30.

Newman told Judge Arthur she finally received a list of witnesses on September 3, including Gregg's stepfather, Heath Smiley.  She said Smiley has not talked to the prosecutors.  There was no substance of testimony for grandmother Vicki Breland or Gregg's uncle, James Floyd.   (40:00)  The defense submitted questions to Smiley and other witnesses but did not provide the responses to the prosecution.  Newman asked the Court to exclude the testimony of the Floyds and Smiley except for statements made to law enforcement.

The prosecutor asked the Court to exclude the evidence and witnesses as they were submitted well after the August 20 deadline, including the defense's expert, Dr. Andrew Clark. Indeed, Dr. Clark was not retained until after August 20.

The portly Camp waddles up to the podium to respond to opposing counsel. (47:00)

"We provided the state a witness list on September 3.  I don't think the state is saying they were surprised, what they are asking for is for the witnesses to be struck," replied Camp. 

 Judge Arthur was clearly disgusted with the defense as his eyes bored in on Camp. The jurist had warned the defense about "trial by ambush" multiple times.  

Camp claimed case law dealt with surprises "in the middle of trial" or on the "eve of trial."  

As Camp tried to argue case law, Judge Arthur caught him flat-footed when he asked him about Page(?) v. State, a Mississippi Supreme Court case. Since Camp said he was unfamiliar with the case, the judge took it upon himself to explain the case to the defense attorney - from memory. 

"Page v. State was 11 days before trial, the defendant provided a list of witnesses but did not provide the substance of their testimony. He made the exact same argument you made before the Court" and "the Court was right to strike it down and exclude it" said Judge Arthur.   

A stammering Camp said most of the witnesses he has were provided by the state. Judge Arthur was ready.  "The Supreme Court has also dealt with that. There is no exception to the defendant's requirement to disclose witnesses. In Davis v. State, clearly required the defense to disclose the names and addresses of all witnesses in chief along" with any written, recorded, or oral statement," and "the substance of any" statement said Judge Arthur. 

Judge Arthur told the lawyer "it's your burden of proof.  Do you have any written statements from Heath Smiley?"  Camp replied he had no written statements and just the "oral statements he's given to both sides."  "That was pretty easy," said the judge.  

Camp said he had no written statements from Vicki Breland.  Judge Arthur admonished Camp "It's not just written statements.  You've practiced law here for twenty years. You know this." Judge Arthur asked Camp about other witnesses.  Camp answered he had not gotten any oral or written statements from them. 

The subject of Dr. Clark's report arose.  Dr. Andrew Clark is a Massachusetts psychiatrist retained by Gregg.  Gregg's lawyers have told both Judge Morrow and Judge Arthur they were getting an expert opinion from local psychiatrist Dr. Mark Webb.  Dr. Webb even visited Gregg four times in the Rankin County Detention Center.  However, the defense did not provide a report by Dr. Webb but abruptly hired Dr. Clark.  

Camp admitted he did not provide Dr. Clark's report to the defense on September 6, ten days before trial. "17 days after the fourth discovery deadline," observed Judge Arthur. Camp said Smiley and several other witnesses gave statements to Dr. Clark.  The statements were included in his report.  A somber Carly Gregg watched the exchange. 

The judge asked Camp about several other witnesses.  Camp said he was not familiar with them as they were handled by co-counsel Bridget Todd.  The Court called the attractive attorney to the podium.  The two witnesses in question were Gregg's teachers.  Todd said she relayed their oral statements to prosecutors during a meeting.  The teachers will testify to Gregg's demeanor the day of the murder and record as their student.  Newman said if that is all the testimony would be, she would "gladly" accept it.  

Things grew a little heated when the judge asked Todd about a witness, James Daniel Floyd.  Todd said he would testify to what he observed the day of the investigation. "I've not had personal conversations with Mr. Floyd  is going to confirm the demeanor of Mr. Smiley during the investigation," said Todd. Judge Arthur asked "how is that relevant."  Todd responded it would be useful when they discussed the investigation at trial. 

"He's not testifying about the investigation.  What's he going to be testifying to about the investigation?" asked the Court.  "Your honor, I feel like talking about this right now will prejudice the jury," replied Todd.  

A fed-up Judge Arthur lectured the attorney: "Miss Todd, you can't hide evidence.  This is basic 101 law. (1:01:00).  You can't go to trial and not know what the witness is going to say.  Mr. Camp, can you cite me one case, one case, where you got to go to trial and not know what the other side is going to say?"  

Camp agreed with the judge.  "And we're late, real late," said Judge Arthur as he loudly tapped his watch. He asked who was James Floyd.  Todd said he was Gregg's maternal uncle. Shaking his head, Judge Arthur said "Exclude him."  Pointing at the attorneys with one hand, Judge Arthur said "that is a willful discovery violation right there.  There has been nothing turned over that is of any substance." 

Todd told the Court she did not receive the state's expert witness report until "last night."  The claim earned no favors with the judge.  Just the opposite as the judge lectured the attorney, "You complaining about the state's rebuttal witness to your witness is a bit like a lady standing in the street holding a Christmas ham screaming she's hungry.  You were ordered to turn over an expert witness July 28. You told me it would be July 22. After the discovery deadline passed, a new expert witness was hired. You juxtaposing what they've done with what you've done. Bottom line Show me what you turned over," ordered the judge. 

Todd tried to argue both sides had to retain experts after the discovery deadline but Judge Arthur disagreed, the state's expert was hired before."  "Show me what you turned over" about the grandmother before August 20 ordered the judge.  Todd protested, "Your honor, we didn't have anything for the grandmother before August 20.  That only occurred after the report we received from Dr. Clark in which Dr. Clark spoke with the grandmother."

"So you're representing to me you had no conversations with this defendant's grandmother," quizzed the Court.  Todd replied "none" in regards to the case  or testimony.  Newman said the report contained no mention of a discussion with Vicki Breland. 

Judge Arthur asked Todd and Camp if they had a copy of Dr. Clark's report.  They replied they did not have one.  Judge Arthur called a 15-minute recess and ordered Todd to "walk across the street to your office" and get a copy of the report.  

Before recess, Judge Arthur heard and denied the defense's motion to transfer the case to Youth Court.  

Judge Arthur discussed the report with the attorneys.  He ruled "we find there is a discovery violation but the court is not inclined to exclude the witness (Dr. Clark).  

Kingfish note: This is not the first or second time Gregg's lawyers have failed to follow basic rules of procedure.  They blew off a court order to provide medical records to the prosecution.  They repeatedly ignored discovery deadlines.  Judge Arthur strongly warned Todd and Camp not to conduct "trial by ambush" and turn over discovery within 24 hours on August 20 . The defense proceeded to ignore the Court.  

Now the defense has managed to tick off the judge.  Actually, it managed to tick off both County Court Judge David Morrow and Judge Arthur, no small feat. 

Synopsis of Case

Rankin County deputies arrested Carly Gregg on March 19 and charged her with murder and attempted murder.  RSCO Investigator Zachary Cotton testified at her preliminary hearing that RCSO dispatch received a call on March 19 from a man who was frantic.  The caller said "their child had shot at them, and shot them in the neck."  Deputies went to the scene and found the deceased Ashley Smiley in a bedroom and found a wounded Heath Smiley.  Heath identified Gregg as the shooter.  Gregg had fled the scene.

Deputies found her half a mile away.  They recovered the murder weapon.  

Gregg is a very intelligent child. She earned a 30 on the ACT when she was 13 years old and skipped fourth grade.   

Cotton said there was some video footage of the deadly events that took place that afternoon.  An exterior camera in the garage showed Gregg and her mother arriving home at approximately 4 that afternoon.  The camera and the interior camera in the kitchen showed Gregg taking the dogs outside while Ashley went to her daughter's bedroom.   There were no other cameras in the house.  Ashley "took some items out of Carly's room" as Carly came back inside and noticed her mother was in her bedroom.   

The investigator said Gregg went to her mother's bedroom, came out with her hands behind her back as she concealed an object, and went to her bedroom where her mother was.  "You hear a gunshot, a scream, and then two more gunshots," said Cotton.   Ashley was shot twice in the side of the face and once underneath her chin.  Deputies recovered all three bullets. 

Camera footage showed Gregg returning to the kitchen.  She "placed a heavy object on the counter" and texted Heath on Ashley's phone, asking how long it would be until he got home.  She took down the camera and placed it in the refrigerator.  

The friend and her father went to RCSO that evening and cooperated with the investigation.  

Cotton testified that when jail employee provided bond paperwork to Gregg, the teen said "oh, you can kill someone, pay a lot of money, and get out of jail." 

Gregg attorney Bridgett Todd claimed Gregg's medication was switched to Lexapro five days before the homicide.   

Rankin County Court Judge David Morrow bound her over to the grand jury and kept her bond at $1 million at the preliminary hearing.

The Rankin County grand jury indicted Gregg for first-degree murder, attempted murder, and tampering with evidence in May.  Circuit Judge Dewey Arthur denied bond for Gregg.