Thursday, April 16, 2009

Update on Irby case

Local attorney Joe Hollomon is representing Karen Irby in the ongoing investigation and possible prosecution in the February 11 wreck that killed two doctors. Mr. Hollomon is a former federal prosecutor. He represented some of the defendants in the WorldCom case and currently represents local car dealer James Threatt in an unrelated fraud case.

On a somewhat related note, JPD announced it was not going to charge Dundrecous Nelson in the Riverside Drive wreck that killed local high school basketball star LeChristopher Ulmer. There was testimony by witnesses that Nelson was driving around 70 mph. However, JPD is calling it an accident although the District Attorney's office differed somewhat:
"Although it was a horrible accident and you hate to see someone killed, it was just an accident," (JPD Spokesman Lieutenant) Scott said. "It was the result of inexperience coupled with the conditions of the road. It doesn't appear that his intentions were criminal."

"Hinds County District Attorney Robert Smith said he would like to review the case once JPD completes its investigation.
"Sometimes (police) make their own decisions whether a case needs to be turned over to our office and we certainly respect that," Smith said. "There isn't a case we won't take before a grand jury if there is a question of criminal liability
." Clarion-Ledger story (Too bad the reporter didn't ask either Smith or Scott what the speed was.)

One can hope in the Irby case, if the black box states Ms. Irby was speeding, the police and prosecutors will charge her with manslaughter or vehicular homicide even if the toxicology results are negative. What about those toxicology reports? Fox40 News has an interesting story this week about how Scott released the toxicology information on Nelson yet refuses to release it on Irby. Fox40 News Story


Anonymous said...

'Possible' prosecution.


Never happen.

Kingfish said...

I'll disagree. I think she's getting indicted and for all the talk of the Irbys trying to buy their way out of this one, you still have to overcome a black box and toxicology report. the case is actually pretty simple as it just physics and biochemistry.

We can probably all bet that Yerger won't be the judge either.

Anonymous said...

Thanks for the update, Kingfish. Aside from you and Fox40 News, the lack of media coverage has been stunningly limited.
One would have to be linked to the grapevine to know that both Irbys are now at home and receiving outpatient physical therapy.
Given the high profile nature of the case, one would expect reporters on the Irby doorstep attempting to get a comment from least get film of her.
And, on the Murrah student's accident...when did an accident as the result of speeding ( even when death doesn't occur) have no legal consequence? Tell me he , at least, got a speeding ticket!
I am sympathetic to the circumstances here and have no desire to see the young man's future destroyed, but that's why we have judges and evaluate and mitigate differing aspects of a case. That's why we have attorneys to represent the accused. Reduced sentence, pleas,lesser charges are all available here and I would expect them to be used because of the facts of the case. But,how is it the JPD isn't consulting with the DA's office when a death occurs? What is going on?
I'm not sure I'm comfortable with both cases going before a grand jury at the same time...not if it gives the grand jury the impression ( or the impression is given to them) that they can of equate the two.
I hope you're right , Kingfish, and would have no concerns if ( and excuse the pun) the handling of this case so far, hadn't been so " fishy" and if the grapevine weren't so sure that there will be few,if any,legal consequences. The " word" seems to be that those who can influence the outcome are in the " she's-been-punished-enough-and-they-are-good-Christians-sinned-but-asked- forgiveness-good-family-what would prison accomplish" crowd.
Anyway, I guess we'll know in another 30 days.

Anonymous said...

Credit default swaps are an unregulated form of insurance. High risk, high reward.

So are campaign contributions.

The Chief didn't make the arrest then because he knew the Sheriff wanted to avoid dealing with it later.

Anonymous said...

Fish, you and I both know the reason the toxicology reports haven't been released is because they're no longer in existence. The black box? Will turn out to be defective or malfunctioning.

Can't convict on missing or nonexistent evidence, can you?

She needs 25yrs per death. So 50yrs, served consecutively. She'll never even get one day in jail. Or even arrested.

Rich white chicks literally get away with murder. And I hate the race card just as much as you do. However in this case...

I really hope the doctor from NJ has a family with pull. I mean bigtime pull. Otherwise they'll never see any sort of justice for the death of their loved one. Maybe at the federal level...

Anonymous said...

the toxicology reports are available at UMCC even if lost by the police/DA. A copy is kept in file and on intraweb at UMCC.

stilettoGOP said...

doesn't everybody already know the irby numbers?..I thought somebody spewed that already. I know the point is that "JPD" hasn't coughed it up yet, but, if the murrah case really was never meant to go before the grand jury originally, then I can 'semi' see their point with the evidentiary excuse. ..semi.

Anonymous said...

Umless the reports get lost by UMCC too.

I do know this. If she's not indicted I'm not going to spend another dime in Jackson or Hinds county.

Boycotting the good old boy network and their profit center is the only weapon I have.

Kingfish said...

There are actually two things you can do:

1. Write Smith's office and let him know you want it prosecuted and no deals.

2. Whoever the judge is, feel free to write HIS office and let him know you don't want any plea bargains approved by him.

The state crime lab will also have a copy of results.

Anonymous said...

The only problem with the UMC blood alcohol results is that chain of custody cannot be proven. The second problem is that anyone who attempts to get the results will be known to the IT department at UMC and is subject to prosecution.

However, the actual analyzer's results can't be toyed with, either at the crime lab or at UMC. The tech's strip is always discoverable.

Anonymous said...

She's toast. End of story.

Anonymous said...

Why would you think UMMC's chain of custody could not be proven? It's the same protocol used by police departments and crime labs. They aren't running a five & dime dog and pony show over there.

Jane said...

And chain of custody is only an issue if the defendant has some proof that the evidence has been substituted or tampered with.

Anonymous said...

Whoever wrote above about chain of custody iat a medical center is an idiot. In medical (read that hospital) testing there is absolutely no chain of custody. Phlebotomists draw the sample and have no assured custody of the sample as they carry it to the lab. No one signs off that they received the tube(s) which can be left in a large open container before the tests are run. Signature sign-off is required in legal cases with an ongoing log.

Nevertheless, as is often the case, Jane is right.

Let's hope the grand jury meets soon and Ms. Irby gets tossed into jail for a long, long time.

Anonymous said...

Is she in alcohol and drug treatment yet to show her remorse? Entrance into treatment in 3,2,1..

Jane said...

I keep thinking that this is one of those cases where, in a previous century, the guilty party would enter a nunnery to live out the rest of her days. And I don't mean a nunnery in the sense Shakespeare often used the term (something I vaguely remember from 12th grade English).

Anonymous said...

UMMC does not test their chain of custody samples in house. I know this because I worked in their ED from 2000-2005. Yes, the samples are sealed and signed and double sealed and then resigned. I'm sure a quick blood alcohol draw could be performed in the lab, but that's not at ALL the same procedure as gathering a evidentiary COC sample.

Anonymous said...

I think judicial system action is imminent.

Anonymous said...

It appears that this case has been turned over to the DA. After reading the blogs about the article, it appears that a blogger said that the Mercedes had a malfunction which caused the brakes to lock up and the blogger also said that Karen Irby's toxicology report was negative.
I hope that this is true for everyone involoved and Mercedes may be very busy for the next several months if this proves to be true.

Anonymous said...

April 21, 2009 7:04PM
Please tell me what blogs are you reading?

Anonymous said...

I am reading the CL blogs....I do think if the tox results were clear it would have already been stated. It would be easier on the families of the deceased to deal with this tragedy if this info was correct, not having drugs and alcohol play a part in the accident would be better than to know a drunk driver killed your son or daughter.
Either way it is a sad story.

Anonymous said...

So, now that the case is with the DA whaddya think'll happen?

On another note, have you noticed the CL doesn't take comments on the web for the Irby stories anymore?


Anonymous said...

As we are all mere human beings, living in a world very fallen...I simply believe this tragedy is definately one of bad choices on Karen and Stuart...MADD, come forth profoundly...especially in Jackson, MS...where you can wave at a policeman and let him pass you by doing WHATEVER...good ole boys club ...without a doubt...however, Gov. Haley, smart man...This one is tough on him...OR PERHAPS WILL BE...Being born and raised in Jackson and knowing Stuart for 40 years, I think it would be best for all of us to pray and remember, by the Grace of God, there I go...I say that to say this...Can we all just pray for the victims and their families and all concerned...Let the courts do what they do well...But, as Christians, let's remember our brothers and sisters....DGF.

Anonymous said...

kingfish, what really happened at Murrah? INCIDENT

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