Can the Attorney General play offense and defense in court? Tis the question asked by a Capitol Police officer the Attorney General is prosecuting and representing.
Capitol Police officers Jeffrey Walker and Michael Rhinewalt arrested Sinatra Jordan on August 14, 2022 for felony fleeing, marijuana possession, and aggravated assault that took place during a traffic stop. A Hinds County grand jury indicted Jordan for felony fleeing and two counts of aggravating assault, alleging he shot at Rhinewalt and Walker. The case is still pending in Hinds County Circuit Court. The case is assigned to Judge Debra Gibbs.
One of the officers allegedly shot passenger Sherita Harris in the head. She was hospitalized for four days. Harris sued the two officers and the Mississippi Department of Public Safety for $3 million in federal court. The case is assigned to U.S. District Judge Kristi Johnson. She dismissed DPS from the lawsuit. Earlier post with copy of complaint. Harris said at a press conference Jordan never shot at the police officers.
The Attorney General represents Rhinewalt and Walker in the Harris lawsuit.
There is no bodycam footage of the incident.
The Attorney General investigated the case and initiated a prosecution against the two officers. The Hinds County grand jury indicted Jeff Walker and Michael Rhinewalt in December 2024 for aggravated assault for shooting at Sinatra Jordan and shooting Sherita Harris.
Rhinewalt rebuked the indictment in his motion to dismiss and motion to disqualify filed on March 7:
Officer Rhinewalt disputes the allegations. The evidence in this case will establish, among other things, that the interior of the rental car occupied by Sinatra Jordan and Sherita Harris was covered with gunshot residue. In other words, either Jordan or Harris fired a gun inside their vehicle. The evidence will also establish that the police vehicle Rhinewalt and Walker were driving had a bullet hole in the hood. Yet, MBI did not attempt to recover a projectile from the engine compartment of the police vehicle.
The motion argues the Attorney General could not prosecute him and defend him in a separate lawsuit related to the same incident. The docket in the federal lawsuit states the Attorney General represented the defendants until the end of January 2025. The Attorney General answered the lawsuit in March 2024. The motion claims the Attorney General had the MBI investigative file 17 months before entering an appearance as Rhinewalt's lawyer.
Although U.S. District Judge Kristi Johnson dismissed the Department of Public Safety from the lawsuit in April 2024, the Attorney General continued to represent Rhinewalt as it engaged in discovery on his behalf.
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Rhinewalt argues he and the Attorney General had a lawyer-client relationship. Although the Attorney General (AG) filed a motion to withdraw in January due to ethical concerns, the movant claims it can not have it both ways.
Judge Johnson stayed the Harris lawsuit when Rhinewalt and Walker were indicted. Rhinewalt states:
Put simply, the Attorney General is prosecuting Officer Rhinewalt for two counts of aggravated assault for discharging his firearm despite spending over a year defending Officer Rhinewalt against the claim that he used excessive force when discharging his firearm. ...
Here, there is no doubt that an attorney-client relationship exists between the Attorney General and Officer Rhinewalt. The Attorney General, by her assistants at the AGO, has been representing Officer Rhinewalt in his individual capacity for over a year. In the Harris Civil Suit, the AGO: (1) answered Harris’ Amended Complaint against Officer Rhinewalt; (2) served Officer Rhinewalt’s Initial Disclosures to Harris; (3) propounded written discovery to Harris on behalf of Officer Rhinewalt; and (4) served Officer Rhinewalt’s responses to the written discovery Harris propounded. See Exhibits B, C, D, and E. This shows that Officer Rhinewalt manifested to the AGO that he believed the Attorney General, by her assistants, would provide legal services to him and that the Attorney General manifested her consent to do so. Moreover, the AGO has done substantive work on Officer Rhinewalt’s case. Specifically, the AGO has answered the allegations against Officer Rhinewalt and has participated in the discovery process. Privileged communications have occurred between Rhinewalt and the Attorney General’s assistants. ...
Here, the Attorney General has switched sides. This is fundamentally unfair and inherently prejudicial to Officer Rhinewalt. Not only has the Attorney General switched sides, but she has also changed legal positions. In the Harris Civil Suit, the Attorney General denied that Officer Rhinewalt used excessive force in the 2022 incident. In fact, the Attorney General asserted as an affirmative defense that Officer Rhinewalt followed police procedure. See Exhibit B; Rhinewalt’s Answer. Yet, after defending Officer Rhinewalt for a year and taking the legal position that he did not use excessive force, the Attorney General charged him with two counts of aggravated assault. Moreover, Officer Rhinewalt should be secure in the knowledge that any information he revealed to the AGO would remain confidential. That security was destroyed when Officer Rhinewalt’s counsel, the Attorney General, switched from defending him to prosecuting him.
Thus the Attorney General has a conflict of interest as it represents Rhinewalt in federal court while prosecuting him in Hinds County Circuit Court. Since there was a conflict when the case was presented to the grand jury, the Court should dismiss the indictment as well.
Attorney Scott Gilbert represents Rhinewalt.
Walker is no longer employed at the Capitol Police. A federal grand jury indicted him in December in a police brutality case. Earlier post.
27 comments:
While I appreciate all of the law enforcement officers at every level in this state, you could not pay me enough money to be a cop. No way in hell.
This is just misogynistic attacks. Like all girl bosses, the AG is tough like Margaret Thatcher and wise like Golda Meir. Except they both kinda sucked if you review their leadership objectively. Honestly, one would struggle to find a single girl boss truly deserving of the praise the are given simply for being "brave" girl bosses.
12:05 sorry, but you used bad examples if you're trying to say women don't make good 'bosses.' Margaret Thatcher and Golda Meir are considered to be among the most effective world leaders in history, both demonstrating a level of strength, wisdom and determination that is often lacking in male leaders.
They are not good on either side of the ball.
Mississippi! Where there is always someone inventing new ways to help the courts answer questions that had never been asked before.
Possible evidence: Allegedly a bullet hole in the police car and gunshot residue in the suspect's vehicle.
Who knows when the bullet hole was made, and when a gun was fired in the suspect's car. Both could be frequent events.
@12:05 - you’re going to get a lot of pushback for your hatred of women, but really it’s your complete lack of common sense that’s the real ceiling on your life. Sure you’re an unhinged misogynist who’s been rejected by every woman who’s been in your life, but you’ve also been rejected by every man and domesticated animal as well. You may get written off as just a misogynist when you have so much more hate to offer.
Somebody at the AG's office should have flagged this a long time ago. Or maybe somebody did and was ignored.
@12:22 Fascinating how you went straight to the Marxist "personal attacks" on the messenger. Why not give us some objective examples of excellent and effective girl bosses? Why not Elizabeth Holmes of Theranos? Why not perhaps Carly Fiorina? And why not Hillary Clinton and Kamala Harris?
I would not accuse Lynn Fitch of being competent.
Why not give us some objective examples of excellent and effective girl bosses?
But, but, but @12:05 (which is you, right?) didn't provide even one "objective example" how Thatcher and Meir "sucked".
Besides taking a victory lap for Roe what has Fitch done?
"one would struggle to find a single girl boss truly deserving of the praise the are given simply for being "brave" girl bosses."
I have doubt whatsoever the author of that comment would struggle with such a research assignment.
@2:38 —
The only real blots on their respective records:
1. Maggie asked QE2 to dissolve parliament when she realized she didn’t have the votes to remain Prime Minister.
2. Golda was in charge on 10/6/73, until recently the greatest intelligence failure in Israeli history.
The original commenter on this topic has never read a book.
Poor AG Lynn Fitch - guess she’s confused and overworked trying to push that lawsuit against China
"Who knows when the bullet hole was made, and when a gun was fired in the suspect's car. Both could be frequent events."
But enough to establish doubt as to the claims of the 'victim'.
i urge all counsel in these matters to read the mississippi supreme court case of state of ms v. Kevin Eldridge . it was a unanimous opinion ( which is very rare ) out of rankin county back about 2008. you will find alot of parallels to this matter.
AG Fitch is useless at the teats on a bore hog. She doesn't prosecute those who obviously deserve it (e.g., the TANF thieves) or anyone else with any political connection. Then, when she does elect to prosecute someone, she has a blatant conflict of interest. She should be disbarred for gross negligence and ethical violations.
I’m with Him, that is to say @12:05. Hell, it ain’t just ladybosses. The entire country has declined since passage of that 19th Amendment, which created an instant majority of voters who follow their feelings and their hearts in making decisions in the polling booth. Oh, we have our conveniences like ATM machines, air conditioning and refrigeration, and 300 channels of television (none of which the fairer sex had anything to do with producing), but it’s undeniable to any but the willfully ignorant that women do not belong in charge of so much as a Sunday School lesson.
I haven't seen any Golda Meir or Margaret Thatcher airports.
to 9:16 am....rest assured , the ms state bar association will never lift a finger towards miz fitch, no matter how bad she screws up. she is well protected by the mississippi republican party machine.
Boar, not Bore.
We can all agree that both women are sharper than Harris.
Yes it was told to the chief of staff at the AG that there was a conflict of interest but she blatantly ignored what was told to her and said that they could still proceed with the case!!! Just goes to show you the arrogance and ignorance of the AGO.
Thatcher was a great leader. Falklands War. Worked with Pope John Paul II and Reagan to bring down Soviet Union. Restored Britain's economy. The intelligence service failed Israel as the Arabs conducted a massive sneak attack but Meir held firm and led the country to overwhelming victory.
I well remember three years ago when Kingfish would not let a single negative comment about Fitch hit the board. Much personal experience with that. Same as with any negative post about Gub Bryant's wife in his next to last year.
More like 5 years ago and that is because you tried to work in an attack against her in numerous posts and threads, some not even discussing the AG. When it appears a commenter has a vendetta, JJ is not going to help. Exercise some self-control and it gets approved.
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