Jackson Jambalaya

Carly Gregg tried to get her million dollar bond lowered and close the courtroom today but Rankin County Court Judge David Morrow postponed the hearing to June 4 after her lawyer, Caleb Coleman, failed to follow notice requirements for filing such motions.  

Gregg & Attorney Caleb Coleman

Rankin County deputies arrested Gregg on March 19 and charged her with capital murder in the death of her mother, Ashley Smiley, and attempted murder for allegedly shooting her step-father, Heath Smiley, in the shoulder.  The alleged shootings took place at the Smiley home on Ashton Way in the Farmington Station subdivision in Rankin County.   

Rankin County Court Judge David Morrow set Gregg's bond at $1 million and bound her over to the grand jury at her preliminary hearing last month. However, since Gregg is a minor, the Court must review her detention every thirty days.  Hence, today's hearing.  

Judge Morrow opened the hearing by asking Coleman if he reviewed the mental evaluation orders.  The attorney said he had not reviewed the orders but said his expert psychiatrist could not evaluate Gregg until she was released from jail.  

Judge Morrow replied "That's not going to be necessarily true" as he informed the barrister that his client could either be evaluated at the jail or she could be transported (with appropriate security and court staff) to the doctor's office.   "Her detention or incarceration will not prevent her from being evaluated," decreed Judge Morrow. However, the judge was not through in chastising Gregg's lawyer. 

Judge Morrow ruled on April 18:

 IT IS FURTHER ORDERED that, within ten (10) business days of the entry of this Order, defense counsel shall file a certificate of compliance with the Court documenting that the available medical and criminal history records were submitted to the examining mental health expert in accordance with MRCrP 12.2(e).

 Coleman apparently did not comply with the certificate requirement nor did he provide said records to Whitfield.  "Is there any reason you can't get this to me in the next 24 hours?" asked the judge.  A stuttering Coleman replied he would have to ask "Carly's medical examiners."  Judge Morrow warned the attorney "My patience is wearing a little thin" as he pointed out the "ten business days" requirement had expired.  The Court said while Gregg's lawyers had the right to have their own mental evaluation, the state had the same right as well and it had to protect those rights.  Judge Morrow said he expected compliance within a week or else he would hold a "show cause" hearing. 

After dealing with the issue of mental evaluations, the Court took up Gregg's motions to reduce her bond and exclude the media and public.       

Coleman's motion to reduce bond argued it should be lowered to a "reasonable" unsecured amount because: 

* Gregg has a clean record and is not a flight risk.  She is an honor student at Northwest Rankin High School and scored a 30 on the ACT when she was 13 years old. 

* She is (just-turned) 15 years old and has not been indicted.  

* Dr. James O'Brien has been retained to conduct a psychiatric evaluation on Gregg.  However, he can not conduct the evaluation in the jail.   

Coleman never got to make those arguments in court today because he filed the motion to reduce bond Friday and the motion to exclude yesterday.  The timing of the filings was found to be a little more than deficient as Judge Morrow schooled the attorney on basic rules of criminal procedure. 

The Court held the motions did not comply with Mississippi Rules of Criminal Procedure 1.3(d). The rule states: 

A written motion, other than one which may be heard ex parte, and notice of the hearing thereof, shall be served not later than five (5) days before the time fixed for the hearing, unless a different period is fixed by these Rules or by order of the court.

Days are defined as "business days" and shall not include the day the motion was filed. 

"The rules of criminal procedure have not been followed," said Judge Morrow.  He asked prosecutor Ryan Berry if he wished to waive the notice requirement.  The Assistant District Attorney refused to waive the notice requirement for the motion to reduce bond and deferred to the Court on the motion to exclude the media and public.  

Judge Morrow listens

Judge Morrow discussed the motion to exclude before ruling on the motions.   Gregg's motion claims allowing medical testimony in open court would violate her HIPAA rights (Thought that only applied to employers).  A family member is also expected to provide highly emotional testimony. Gregg's lawyer called the crimes a "family tragedy" and said they "should not be fodder for the public's entertainment." 

 "I believe the public has the right to know, this is a public forum," said Judge Morrow.  The Court ruled it would hold a hearing on the two motions on June 4 and give the media time to object.  Judge Morrow warned Coleman "the default position of the state Supreme Court is to favor the media and the public.  That is the default position.  The momentum begins against you so you will need to make a compelling argument." 

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.  

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.