Jackson Jambalaya

Court: Gregg lawyers used "trial by ambush"

Rankin County Circuit Judge Dewey Arthur denied Carly Gregg's motion for a new trial. A Rankin County jury sentenced her to life in prison without parole after convicting her of first-degree murder, attempted murder, and tampering with evidence in the death of her mother and shooting of her stepfather.  

Gregg's lawyer, Bridget Todd, moved for a new trial and in the alternative, a judgment notwithstanding the verdict.  Todd argued: 

* Gregg was not tried by a jury of her peers since Mississippi law forbids minors from serving as jurors. 

* Gregg "timely disclosed her witness list" to the state 13 days prior to trial on September 3. The discovery was due on August 20 per Judge Arthur's order. The state did not produce its witness list until September 8. Todd complained the Court found Gregg "engaged in a willful discovery violation" in order to gain a tactical advantage at trial. The Court struck two defense witnesses. Todd called the "radical sanction" improper and a gross violation of Gregg's Sixth Amendment rights.

*  The Court erred in granting all of the state's pre-trial, trial, and post-trial motions while denying all of same motions by the defense.  However, the defense repeatedly filed motions and responses to motions after the deadlines.  

Judge Arthur pondered it all and said nice try.

His opinion stated he excluded the testimony of Vicki Breeland and James Floyd, Carly Gregg's grandmother and uncle because the defense repeatedly refused to play by the rules:

Both witnesses were closely associated with the Defendant (maternal grandmother and maternal uncle). The Court instructed the Defendant to provide reciprocal discovery on not less than three separate occasions. On the date of the pre-trial conference no substance of these witnesses' testimony was "provided. When the Court asked for the substance of the testimony the Defendant argued that it would prejudice her case before the Jury to provide this information. The Court allowed the Defendant to present a significant amount of testimony that was not turned over promptly. The Court found and believed that most, if not all, of the reciprocal discovery was not promptly turned over to obtain a tactical advantage. However, letting a Defendant tell the Court that it may prejudice her case before the Jury to provide the substance of the witnesses' testimony is a bridge too far. Trial by ambush must remain in the grave.

The Court pointed out it bent over backwards to help the 15 year-old defendant even when her lawyers broke the rules.  Judge Arthur noted he allowed the defense to submit its expert witness for an insanity defense even though he was not "hired until after the discovery deadline passed."  

Ms. Todd claimed Carly's father, Kevin Gregg, provided exculpatory information after the trial to WLBT.  Kevin was interviewed by WLBT on September 26.  Kevin allegedly said in the unaired portion of the interview that Carly was placed in equestrian therapy as a child "due to experiencing auditory hallucinations (hearing voices).  The new "information" supports Dr. Clark's diagnosis of an unspecified schizophrenic disorder.  Since the new "information" would "likely" lead to a new trial, Gregg is entitled to a new trial.

However, WLBT said the claim was just that, a claim.  WLBT interviewed Kevin Gregg via Zoom.  Thus the entire interview was recorded.  WLBT reported no mention was made of the alleged "auditory hallucinations" by Kevin in the interview after reviewing the transcript, interviewing the reports, and reviewing the Zoom recording.  WLBT tried to contact Todd and found out why she made the claim in her motion but Todd never responded.  The tv station posted the entire interview with Kevin Gregg on its website. 

Todd did not include any affidavits, recordings, or evidence of Kevin Gregg making such a statement in her motion .  Judge Arthur made short work of the allegations: 

Defendant points to alleged statements made by Kevin Gregg. The Court reviewed the statements and finds these statements would not have probably produced a different result at trial.

Reasonable diligence could have discovered any statement by the Defendant's father, Kevin Gregg.

Todd's co-counsel, Kevin Camp, filed a notice of appeal to the Mississippi Supreme Court Friday.  

Kingfish note:  Judge Arthur should have sanctioned Gregg's lawyers for the bogus Brady motion made during trial and the probable fabrication of Kevin Gregg's statements.