Mountain of evidence getting higher on Melton

Now, this.

A Jackson police officer who was transferred from his job riding a Segway scooter around downtown alleges his transfer to the night shift in west Jackson was Mayor Frank Melton's way of getting back at him for cooperating with federal investigators.

Officer Robert Watts filed a notice Tuesday of intent to sue the city for alleged retaliation for talking to FBI agents about the mayor. He is seeking more than $250,000 for "mental anguish" and punitive damages.

Police Chief Malcolm McMillin says he, not Melton, spearheaded Watts' reassignment. His decision, he said, was based on job performance, but he would not go into detail.

"I had him transferred, but I did not make the decision as to where to put him," the chief said Tuesday. "I said send him back to patrol, and that's the last I heard of it."

McMillin said the mayor had nothing to do with Watts' transfer.

"When I took this job a year ago, Mayor Melton agreed he would not interfere with the operations of the department," McMillin said. "So far, Mayor Melton has not asked me to do anything as far as where to assign or promote my personnel."

In the notice, Watts alleges Melton threatened him about talking to the federal grand jury two days after the mayor was indicted. Watts said he was directing traffic on July 11 when Melton approached him and complained, "I heard you have been running your ... mouth."

According to the notice, Watts said Melton said, "I got you later, and you'll learn that."

Watts said the next week he was transferred to Precinct 2.

"It is widely known throughout JPD that, with the exception of the downtown patrol area, Precinct 2 has the highest rate of violent crime in the city," Watts contends in his letter, adding "outspoken" officers often end up transferred to the night shift.

Melton did not return a call seeking comment on the notice.

City Attorney Sarah O'Reilly-Evans also did not immediately return a call for comment.

McMillin said Watts will continue to patrol his beat while the city responds to his intent-to-sue notice. "He has every right to file a suit," McMillin said.

Dorsey Carson Jr., Watts' attorney, said the money is not important. Watts just wants to make sure it does not happen again, he said.

"He's got faith in the Police Department, and he has got faith in his superiors to not act in a retaliatory manner when he is doing his duty and telling the truth in participating in a criminal investigation," he said.

Citing a gag order placed over the mayor's trial, Carson would not say what Watts told federal agents about Melton.

Carson said Watts has had "an impeccable service record over his nearly three years with the JPD." Watts worked as a Precinct 3 patrol officer before being tapped to patrol downtown.

Melton and his former bodyguard, Michael Recio, are facing federal civil rights charges related to their alleged participation in an Aug. 26, 2006, police-style raid on a duplex Melton maintains was a crack house. The trial is scheduled for Jan. 5.

Federal investigators interviewed numerous city employees and officials, bringing many of them to testify before a federal grand jury. Defense attorneys said last week the government has amassed more than 6,000 pages of evidence involving Melton and Recio and former bodyguard Marcus Wright, who pleaded guilty last month to a lesser charge and is assisting the prosecution.

A filing earlier this month by federal prosecutors indicated that testimony may go beyond the civil rights charges, including allegations that Melton offered promotions to JPD officials called to testify against him.

The notice of Watts' intention to sue Melton comes amid tensions between City Hall and the Police Department following the departure of then-Deputy City Attorney Katherine Pugh, who at JPD, was responsible for handling issues such as responding to records requests in the federal government's investigation of Melton. After Pugh left, McMillin hired her as attorney for the Hinds County Sheriff's Department, which he also oversees.

Melton's trial delayed...

...until January 5th.

From the Clarion-Ledger

Melton wants his trial delayed

No surprise here. Judge Jordan should rule on two things this morning: 1) Whether he will grant continuance and 2) whether or not he will allow evidence of past drug use at the Ridgeway house.

It seems likely Judge Jordan will grant continuance but I seriously doubt evidence about drug use will be allowed - since it has nothing to do with the 4th Amendment.

From the Clarion-Ledger:

"They've had going on two years to develop their case. We've had since Thursday," said John Reeves, Melton's attorney.

Melton and Recio are facing a three-count indictment charging them with violating the constitutional prohibition on unreasonable search and seizure in an Aug. 26, 2006, police-style raid on a Ridgeway Street duplex in northwest Jackson. According to prosecutors, Melton instructed several young men to attack the house with sledgehammers and participated in the destruction himself, while Recio and fellow bodyguard Marcus Wright stood guard.

The trial is slated to begin Wednesday with jury selection.

U.S. District Court Judge Dan Jordan will rule this morning on whether to grant the continuance request. If granted, a continuance likely would mean putting the case off until after Thanksgiving. Jordan said he already was concerned the case would bridge the holiday weekend, meaning he would have to send jurors home for four days where they could be influenced by family members or news coverage of the trial.

Reeves and Recio's attorney, Cynthia Stewart, complained that prosecutors dumped on them thousands of pages of grand jury testimony, Jackson Police Department Internal Affairs files and FBI investigative documents last week.

"It's the guts of the case," Reeves said.

Stewart said reading those documents between now and Wednesday is "simply not humanly possible."

U.S. Department of Justice prosecutor Mark Blumberg said the defense was overstating the case. The evidence had been turned over in advance of a court deadline and given to Reeves and Stewart by e-mail as well as on DVD and CD.

While defense attorneys complained about 7,000 pages of evidence, Blumberg said the actual count of recently released pages is 3,792 - 1,700 pages of which is a single internal affairs file.

Jordan also will rule today on whether Melton and Recio can use evidence of past drug use at the Ridgeway Street duplex as part of their defense. Reeves said it is crucial for Melton to be able to show why he went to the house.

"It will be impossible for us to defend this case if we can't do this," he said.

BREAKING: Melton and Recio will be tried together

Well, his bodyguard will be by his side all the way to the end.

U.S. District Judge Dan Jordan today denied the motion to sever ex-bodyguard Michael Recio’s case from that of his former boss, Mayor Frank Melton, in their civil rights violation trial.

I have leaned toward granting the motion, but careful attention to the precedents and the law requires I deny the motion," Jordan said.

Recio’s attorney, Cynthia Stewart, and federal prosecutors spent the morning at a motions hearing at federal court arguing whether the two men should be tried separately.

Recio and Melton face three felony charges related to their alleged involvement in a police-style raid on a Ridgeway Street duplex on Aug. 26, 2006.

Jury selection for the trial is set to begin later this week.

Stewart has filed several motions asking for Recio to be tried alone. She told the court today that Recio would not be able to get a fair trial if he is tried with Melton.

Stewart said there will be evidence introduced during the trial, including public statements made by Melton, that point to the mayor’s involvement in the raid. She said jurors may struggle to separate that information from Recio’s case.

"It is going to be virtually impossible for the jury to separate in its mind, this is what goes against Mayor Melton and this is what goes against Mr. Recio," she said.

Melton has agreed to testify on Recio’s behalf if the men are tried separately. Stewart called Melton a "crucial witness."

Federal prosecutors are pushing for Recio and Melton to be tried together.

Mark Blumberg told the judge that the two men were co-conspirators and should have one trial. The court rarely agrees to grant separate trials.

Blumberg said Recio was directly involved in the conspiracy to destroy the Ridgeway Street duplex and did not stop the mayor from raiding the home. As a police officer, Recio was obligated to act, Blumberg said.

He said the mayor would not have gone to Ridgeway Street that night without law enforcement officials.

“This officer wanted to keep his job and the house wasn’t that big of a deal so he didn’t intervene,” Blumberg said.

From the Clarion-Ledger

Cynthia Stewart is fighting to separate Recio's trial

Fight on Cynthia...

Prosecutors and the defense finished arguing today about whether a former bodyguard of Jackson Mayor Frank Melton should have a separate federal trial.

Michael Recio's attorney, Cynthia Stewart, argued that the evidence against Melton in the April 2006 police-style raid on a Ridgeway Street duplex in west Jackson is much greater than that against Recio and that Recio tried to intervene, to a degree.

Prosecutor Mark Blumberg said Recio had a duty as a law officer to stop Melton and he didn't do it.

"The officer wanted to keep his job, and this house wasn't worth it," Blumberg said.

U.S. District Judge Dan Jordan has not ruled on that motion or a motion from the defense to allow into court evidence of possible drug use at the house.

Jordan recessed the hearing for lunch. It will reconvene later this afternoon.

Earlier in the morning, Jordan signaled some prosecution arguments were gaining traction.

They also are accused of violating those civil rights "under color of law" and committing a violent crime while possessing a handgun.

Jury selection is scheduled to begin Wednesday.

The defense is arguing Melton was at the duplex as commander in chief of the Police Department.

"I'm not persuaded by that argument," Jordan told Reeves this morning. "Being commander in chief of the United States doesn't allow you to violate the 4th amendment.

"Whether this is the worst crack house on the planet or whether there was one drug deal going on, you still have to follow the same 4th amendment requirements."

Jordan has ruled on only one motion so far, however. He said he will allow into evidence the warnings other police officers and Attorney General Jim Hood gave to Melton about proper police procedure.

Jordan has not ruled on whether to grant the defense's motion to allow the past character of house into evidence.

Blumberg, deputy chief of the criminal section of the U.S. Department of Justice's Civil Rights Division, argued against its inclusion, saying it is a "nullification defense."

Defense attorney John Reeves said it is necessary to show why Melton and his entourage were at the house because the government will have to show "evil intent." If it is not let in, Reeves said, the mayor has no other defense.

Blumberg has responded by saying it's not a question of why they approached the house but what they did when they got there. It’s a constitutional issue.

Meanwhile,Stewart, is continuing to argue for a separate trial on grounds the government's evidence all points to the mayor and not Recio and the jury will not be able to separate the two.

Stewart said Shirlene Anderson, who was police chief at the time of the raid, will testify Melton "wouldn't listen to anybody" and that Anderson appealed to the city attorney to help but Melton would not listen. Anderson apparently testified to this before the grand jury that indicted Melton.

A lot of defense strategy has become apparent. Reeves has said he intends to present defense that "thugs" did the majority of the destruction after Melton, Recio and Marcus Wright, another former bodyguard, left the first time.

Wright also was indicted but has pleaded guilty to a lesser offense and agreed to testify for the prosecution.

From the Clarion-Ledger

UPDATE: Judge Jordan considering motions in favor of Melton

I wonder if Frank Melton is on bending knee begging for something to go his way...but Shirlene Anderson's testimony before the grand jury that indicted Melton isn't helping.

From the Clarion-Ledger:

U.S. District Judge Dan Jordan signaled some prosecution arguments were gaining traction during a hearing today on motions in Mayor Frank Melton's upcoming trial today.

The defense is arguing Melton was at the duplex as commander in chief of the Police Department.

Blumberg has responded by saying it's not a question of why they approached the house but what they did when they got there. It’s a constitutional issue.

Jordan seemed to concur today, although he did not rule on the motion. "I'm not persuaded by that argument," he told Reeves. "Being president of the United States doesn't allow you to violate the 4th amendment.

"Whether this is the worst crack house on the planet or whether there was one drug deal going on, you still have to follow the same 4th amendment requirements."

Jordan has ruled on only one motion so far, however. He said he will allow into evidence the warnings other police officers and Attorney General Jim Hood gave to Melton about proper police procedure.

Jordan has not ruled on whether to grant the defense's motion to allow the past character of house into evidence.

Chief prosecutor Mark Blumberg, deputy chief of the criminal section of the U.S. Department of Justice's Civil Rights Division, argued against its inclusion, saying it is a "nullification defense."

Defense attorney John Reeves said it is necessary to show why Melton and his entourage were at the house because the government will have to show "evil intent." If it is not let in, Reeves said, the mayor has no other defense.

Meanwhile, Recio's attorney, Cynthia Stewart, is continuing to argue for a separate trial on grounds the government's evidence all points to the mayor and not Recio and the jury will not be able to separate the two.
Stewart said Shirlene Anderson, who was police chief at the time of the raid, will testify Melton "wouldn't listen to anybody" and that Anderson appealed to the city attorney to help but Melton would not listen. Anderson apparently testified to this before the grand jury that indicted Melton.

A lot of defense strategy has become apparent. Reeves has said he intends to present defense that "thugs" did the majority of the destruction after Melton, Recio and Marcus Wright, another former bodyguard, left the first time.

Frank Melton arrives at Federal Court

...to hear rulings on a plate-full of motions for Judge Jordan to decide.

Jordan will have to sort through motions alleging misconduct by both sides, a request to delay the trial and motions governing what evidence Melton and his former bodyguard Michael Recio will be allowed to use in their defense.

Late Friday, lawyers for Melton and Recio filed a motion alleging federal prosecutors withheld evidence that could be used to discredit testimony of former Melton bodyguard Marcus Wright and suggested that Wright’s cooperation may have been forced. Included in the motion were confusing statements by a jailed male prostitute who claimed he watched as fellow male prostitutes got into Wright’s car sometime in 2005.

Prosecutors filed their own motion seeking sanctions against defense attorneys John Reeves and Cynthia Stewart for “unprofessional conduct” and an alleged attempt to taint the pool of potential jurors by releasing “inflammatory and unconfirmed allegations against a government witness.” The motion also suggests that Reeves and Stewart may have violated Jordan’s order not to talk to the media, noting that metro-area television aired stories about the motion minutes after it was filed.

In a separate motion, Stewart has asked that the trial be delayed because of the amount of documents released by federal prosecutors last week outlining the case against Recio. Stewart said more than 6,000 pages of material was released, giving her “no possible way” to review the material in time for the trial, which is slated to begin later this week.

Stewart also has asked Jordan to grant Recio a separate trial.

Recio and Melton face federal civil rights charges related to their role in a police-style raid on a duplex on Ridgeway Street on the night of Aug. 26, 2006. According to prosecutors, Melton instructed several young men to attack the house with sledgehammers and participated in the destruction himself, while Recio and Wright stood guard.

Jordan will have to decide whether Melton and Recio can use evidence of alleged illegal drug sales and use at the house in their defense. Such a defense largely was successful in a trial on state charges in April 2007 that ended with a not guilty verdict for Melton, Recio and Wright.

In this trial, the mayor and Recio are accused of violating the rights of the duplex owner and tenant to be free of unreasonable search and seizure. There is a separate charge of committing a violent crime with a handgun, carried by Wright.

If convicted on all counts, Melton and Recio could face up to 25 years in prison.
Wright pleaded guilty to a misdemeanor last month in exchange for his cooperation.

The Clarion-Ledger reporting

Judge to rule on motions for Frank Melton's trial

Today could prove to be a bad one for Frank Melton. Judge Dan Jordan is expected to rule on some key issues on the upcoming trial against the mayor and one of his bodyguard's.

Jury selection is scheduled to begin Wednesday, but the parties will convene this morning for Jordan to rule on motions.

Melton and Recio were indicted in July by a federal grand jury following a yearlong U.S. Department of Justice investigation into their actions during an Aug. 26, 2006, raid on a Ridgeway Street duplex the mayor has said was used to sell drugs.

The indictment alleges Melton instructed a group of young men to attack the duplex with sledgehammers. In addition, Melton is accused of using a large stick to break out windows from the house. Recio is accused of participating, mostly by standing guard and conspiring to cover up the crime.

Along with the request for separate trials, Jordan also must rule on whether the defense can introduce evidence of prior illegal drug use at the house and in the Ridgeway Street neighborhood to buttress Melton's claims that he was acting properly.

In an April 2007 state trial, Melton, Recio and fellow former bodyguard Marcus Wright centered their defense on allegations the duplex was a "crack house" and a menace to the community. The jury acquitted all three.

Wright, who also was indicted but last month cut a deal with prosecutors for a lesser charge, is expected to testify that he, Melton and Recio knew they had no legal right to raid the house and fabricated a cover story that they were chasing drug dealers.

Cynthia Stewart, Recio's attorney, has filed several motions asking for a separate trial. In a motion filed Friday, she said the Justice Department's case against Melton is much stronger than it is against Recio and that the two men will pursue dramatically different defenses.

Stewart said more than 4,000 pages of evidence produced by the prosecution "establish the long history of wrongdoing by Mr. Melton, (but) not Mr. Recio."

City Council member Frank Bluntson, a longtime friend of Melton, said Melton is "kind of surprised" that so much of the evidence gathered during the federal government's probe came from grand jury testimony given by officials inside City Hall.

A brief filed by prosecutors Friday notes "Recio and Wright had warned the mayor" not to bring his entourage of young men on "police business" and also states that when Melton and the young men allegedly began damaging the house, Recio returned to sit inside the Jackson Police Department's Mobile Command Unit.

But prosecutors also allege Recio did nothing to stop the alleged destruction, even though he knew it was "without any legal justification." In the brief, prosecutors allege Recio participated in spreading a cover story about an injury Melton received from a broken pane of glass at the duplex "to avoid telling the truth about the actual events."

If the allegations are true, Mississippi College Law School professor Matt Steffey said Recio was derelict in his duties as a police officer but also has a good argument for a separate trial.
If Recio were tried separately, "the fact that he didn't prevent it does not meet the elements of the charged crime," he said. "This is a judgment call by the jurors as to how much blame they want to ascribe to Recio."

On Friday, prosecutors filed a list of questions they would like to ask potential jurors. A number attempt to gauge jurors' racial biases, including how potential jurors view school desegregation, interracial couples and police treatment of African-American men.

"That tells you the prosecutors are worried of racial backlash against the U.S. government prosecuting a black mayor," Steffey said.

Steffey said Jordan has a lot of latitude to decide which questions get asked and which do not.

If Recio does not get a separate trial, the combined affair could stretch past Thanksgiving.

Jury selection is expected to take two days, likely moving opening arguments to Friday and the beginning of the prosecution's case to Nov. 17.

Justice Department prosecutor Mark Blumberg has indicated he will need five full days to lay out his case. If so, Melton and Recio's defense lawyers would not call their first witness until the week of Thanksgiving.

Former Mayor Dale Danks Jr., who defended Melton in the state trial, said the pace is dictated by the prosecution, which has the burden to show enough evidence to convict Melton and Recio.

"It appears to me it is going to require a number of witnesses," he said.

Danks predicted the pace should speed up after the prosecution rests.

"I can't frankly see, from a defense standpoint, that there will be a lot of witnesses," he said.

From the Clarion-Ledger

What will be the result to Frank Melton's trial?

Alan Lange is taking a poll on Y'all Politics

85 pound salmon caught in Cali

Wow.

Wildlife officials in northern California last week came across one of the biggest Chinook salmon ever found in the state — a monster more than 4 feet long and weighing 85 pounds.

"We see lots of big ones," Doug Killam, a biologist in the California Department of Fish and Game's Red Bluff office, told the Redding Record Searchlight, "but this one was just bigger than most big ones — it was just spectacular."

The big fish had recently spawned and died, Killam said, and probably weighed about 90 pounds when it began its 100-mile swim upstream from the Pacific to the spot where it died on Battle Creek, a tributary of the Sacramento River near the town of Anderson.

The California sport-fishing record for a Chinook salmon is 88 pounds. In Alaska, where they're called king salmon, they get even bigger — the record sport catch is 97 pounds, while the largest commercial catch was a truly phenomenal 126 pounds.

"If someone would have caught this one, it probably would have been a state record," Killam told the Record Searchlight.

Ironically, the sad state of salmon spawning in the Pacific Northwest probably helped this one live a full life. Ocean commercial catches were canceled this year, and the river sport season on the Sacramento drastically shortened.