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