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