Tuesday, December 4, 2012

Dr. Smith sues Jim Hood & D.A. in federal court

Dr. Arnold Smith filed a Section 1983 lawsuit against Attorney General Jim Hood, District Attorney Dewayne Richardson, and Assistant District Attorney Timothy Jones in U.S. District Court Monday. The suit alleges the three defendants acted to deprive Dr. Smith of his fourth amendment rights. Dr. Smith was indicted for allegedly masterminding a murder for hire plot to kill Greenwood Attorney Lee Abraham. Dr. Smith is incarcerated without bond in the Leflore County Detention Center.

The indictment alleged Dr. Smith hired two men to assassinate Mr. Abraham. The two individuals entered Mr. Abraham's office on a Saturday night after contacting the lawyer. Mr. Abraham notified the Attorney General of the contact. Two armed investigators waited for the alleged hitmen to appear at the office that night. A gunfight ensued when they entered the office. One investigator was wounded while Keiara Byrd was killed by shots fired by the investigators.

Dr. Smith argues his detention is unlawful because he did not kill Mr. Byrd. He states the actions by the investigators were unlawful because the Attorney General is part of the judicial branch. His employees have no authority to act as law enforcement officers and members of the executive branch. The A.G. thus had no authority under the law to conduct the operation in question. The complaint then argues any evidence seized that night was the result of the unlawful operation and thus is inadmissible.


ShadowDirector said...

Is it a fact that Mike Moore and Wm Winter are representing the good doctor? If so, look out Canton, make way for the sound trucks.

Anonymous said...

Arnold was seriously unbalanced when he was arrested. And getting worse by the day. Imagine his mental status after six months of incarceration. If his lawyers manage to pull this off, he will truly be a danger to himself and the community. But a federal judge may not see it that way.

Anonymous said...

Too bad the Mississippi Professionals Health Program under the care and guidance of Scott Hambleton couldn't save him.

Anonymous said...

Mike Moore, Mr. Sanity, had pet monkeys in his back yard in the Lineage Pinecult Lake subdivision. Blind leading the blind if you ask me.

Anonymous said...

one glimmer of an issue: The AG and the DA are, in fact, part of the judicial branch of government under the MS Const. 1890. I'v wondered when someone might navigate that issue into federal court. otherwise, Mr. Bell may be facing sanctions. does he not know he must have them personally served with a summons instead of mailing copies?

Anonymous said...

"He states the actions by the investigators were unlawful because they are a part of the judicial branch."

Translation: The actions by the investigators in killing his hitmen before they could kill Abraham was unlawful.

HMMMMM...Interesting legal theory. He's not mad that the investigators intervened - he's mad about WHEN the investigators intervened. (Sorry, couldn't help myself.)

Anonymous said...

If you contribute enough money to AG Hood's campaign, then you get to use his staff as personal bodyguards. Everybody knows that. And the cool part is, if they end up killing someone he'll help draw up murder charges against the other guy. All perfectly normal.

john kitchens said...

The Attorney General is granted all those powers possessed by the Attorney General at common law by the Mississippi Constitution of 1890. At common law the Attorney General was the chief law enforcement of the Crown. Therfore Jim Hood as AG holds that power along with Statutory law enforcement powers granted by the Mississippi Legislature.
John T. Kitchens

Anonymous said...

So you're saying the AG has unlimited power to investigate, arrest and prosecute any crime, anytime, anyplace in the state? Sounds like a cross between a sheriff and a DA on steroids.

John T. Kitcherns said...

Whether you like it or not that the AG's powers and Jim Hood is damn good at being DA and Sheriff. Name yourself big talker
John T. Kitchens

Shadowfax said...

"The attorney general is granted all those powers possessed by the attorney general..."

Brilliant, Kitchens. Obviously you are not writing job descriptions for the State Personnel Board.

Anonymous said...

can you read shadowfax all those powers at common law( da thats in England) wake up and read my post
John Kitchens

John Kitchens said...

once again you pundants like shadowfax will not reveal your identify. come out and debate the mississippi constitution and statutory laws and you will see the error of your ways and you will see that this state needs a strong attorney general like Jim Hood.

Shadowfax said...

What is a 'pundant'? I like to know what I'm being accused of, counselor.

Anonymous said...

Pardon, but the state constution states:

Article 6, Section 173. Attorney-general.
There shall be an attorney-general elected at the same time and in the same manner as the governor is elected, whose term of office shall be four years and whose compensation shall be fixed by law. The qualifications for the attorney-general shall be the same as herein prescribed for judges of the circuit and chancery courts.

11:20 AM, which state constitution are you reading because you stated "The Attorney General is granted all those powers possessed by the Attorney General at common law by the Mississippi Constitution of 1890"?

Anonymous said...

So take away all the legal jargo. If a person that is legal to posess a firearm on their person at any given time, is in my office, no matter the circumstance, and 2 armed men come through my door to harm me, I hope good and well they shoot to kill them. Dead suspects cant twist the story on them. Jim Hoods men didnt go after and persue the assasins, they forced themselves on them. It would be like myself and a friend of mine, both concealed carry weapon permit holders, hanging out at my office after hours and 2 gunmen came through the door. You would have 2 dead suspects in that situation. Nothing illegal about it. Seems someone has their feelings hurt and like to hide behind a computer and slander someone without revealing their name. I call that a coward. I dont care if you are law enforcement, a doctor, a banker, the cook at taco bell. If you are legal to carry a firearm(which I feel pretty certain these men who work for the DA are) and you have 2 men(which I will assume are thugs who arent legal to carry) bust in a space you are legal to be at, guns a blazing, you have the right to shoot them dead and defend yourself...occupation does not matter.

Anonymous said...

With all due respect, 3:46 pm, there are a few different conversations happening on this post.

a) Honest discussion about the premises of the lawsuit
b) I love Jim Hood, he has the power of God, and everyone else can go to hell
c) and the old----you posted as anonymous so you’re full of crap---claim.

Whether the AG is Hood or not, the premises of the lawsuit, right or wrong, is interesting.

Recent Comments

Search Jackson Jambalaya

Subscribe to JJ's Youtube channel


Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).

Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.

In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS.

Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS