New revelations took place in the De Mon McClinton case in Hinds County Chancery Court this morning. Chancellor Dewayne Thomas held a hearing on whether Thomas McClinton, the father of De Mon, should be found guilty of contempt of court. The Chancellor imprisoned attorney Mike Brown and cemetery owner Linus Shackelford for the same charges after finding they embezzled from the guardianship of De Mon McClinton. Brown and Shackelford are free on bond and have filed a notice of appeal with the Mississippi Supreme Court.
De Mon is the grandson of Mississippi civil rights legend Aaron henry. His mother, Rebecca Henry, left him $3.5 million when she died in 2000. Then-Chancellor Stuart Robinson appointed Thomas as the guardian and ordered the money to be deposited into an FDIC-insured bank account. Judge Robinson also ruled the money could not be withdrawn without court approval. Unfortunately for De Mon, a great deal of money was spent without notifying the court.
Judge Thomas ruled at a February hearing Mr. Brown never deposited the money in an account nor was one ever established. Judge Thomas threw Mr. Brown in jail after he could not account for the money. A special master reported at a March hearing the money was deposited in several bank accounts, but the banks were never informed the accounts were restricted by the court. Special Master Paul Rogers reported Mike Brown, Thomas McClinton, and Linus Shackelford removed large sums of money which belonged to De Mon. Mr. Shackelford borrowed $550,000 from the estate in 2001 but never repaid any of the money. Judge Thomas ordered him to repay the money with interest but Mr. Shackelford failed to do so.
Enough of the background, now for the main event today. Judge Thomas scheduled the hearing after Special Master Paul Rogers reported Thomas McClinton spent a great deal of De Mon's money and directed funds to girlfriend Lottie Campbell. After sending the BS twins packing, McClinton and Campbell got to face Judge Thomas today. Irony filled the room as McClintons, father and son, sat on opposite benches facing each other. Young De Mon sat through it all, wearing a nice suit, trying to get his money back. The other side said it all. A father clad in a faded green t-shirt and faded khakis while Ms. Campbell dressed in a nice black business suit, looking like an elderly paralegal than a defendant. Judge Thomas banned all cameras, cellphones, and ipads from the courtroom as the bailiff threatened to jail anyone caught violating the order.
Mr. McClinton's lawyer opened the hearing by filing a motion to dismiss. He said the statute of limitations had long expired since De Mon had turned 18 in 2003 and the guardianship was closed in 2006. De Mon's attorney Precious Martin, brought the discovery rule to the gunfight as he invoked the rule.. The discovery rule (in layman's terms) says the statute of limitations does not expire if a fraud is later discovered as the court ruled took place in this case. Mr. Martin demanded an accounting from Thomas McClinton and said he was "trying to figure out what happened to De Mon's money." He said something about "roaches" and "disinfectant", showing no mercy as he made his argument. He said the accounting provided by the senior McClinton was "insufficient" and asked for additional discovery.
Mr. Martin told the court he wanted to depose Thomas McClinton and Lottie Campbell. He said "cars were bought" for Lottie Campbell's children and the funds used was "sourced and seasoned from De Mon's money." Mr. Martin said Trustmark and Regions banks at first said they didn't keep records past seven years and the bank statements for money was "long gone" but that they "miraculously appeared" after receiving subpoenas.
Mr. Martin said he would soon submit a settlement with Trustmark to the court. Mr. Martin then said he had received "information" that Linus Shackelford would repay the money owed to the court "plus interest" (Don't say it.).
Attorney Loraleigh Phillips then addressed the court, representing a pawn shop. Mr. Martin served her client with a subpoena for records Saturday. Ms. Phillips said the records were for items pawned by Mike Brown and they were protected from disclosure by federal law. She also argued she had no time to review the subpoena. Judge Thomas quashed the subpoena and ordered Mr. Martin to issue another one. Judge Thomas then continued the hearing to June 26 at 9:00 AM. The Chancellor authorized Mr. Martin to move forward with discovery.
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Tuesday, May 29, 2012
McClinton hearing today. Brown hocking stuff.
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19 comments:
Looks like everyone involved was helping themselves to the money except De Mon. I believe this is the first I've heard of Lottie Campbell being Thomas' girlfriend. Seems like every time they show up for court another "roach" scurries out. Was wondering if KF ever had a chance to post the remaining transcript from prior hearings - I'm particularly interested in the one that attorney Russell was summoned to.
Why would Precious mention a settlement with Trustmark?
Why would Tmark and Regions be responsible for accounts when the depositors never disclosed to them said accounts were under court direction?
Shackleford pay it back?? Sorry Kingfish, but I gotta say it..BULLSHIT !!
Didn't say it wasn't BS, just reporting what I saw in the courtroom.
I think on one of the accounts there is a question as to whether the bank knew it was a restricted account.
@ Anon 4:20 "Why would Tmark and Regions be responsible..."
Maybe because it's the typical race-baited shakedown of deep pockets, which usually pays pretty well.
Legal liability (if any) notwithstanding, if the banks defend, and are willing to risk the perceived PR fallout long enough to get to the MS Supreme Court, CJ Bill Waller will cover for his banking buddies as he always does.
That's a right interesting assessment anon 5:06.
Shadowfax, I'm speaking from experience. Bill Waller, Jr. is not an honorable justice.
He would not allow the Court of Appeals to review my case AND he refused to allow a written opinion to come out of the Supreme Court on a matter which was predicated on a statute for which there was no MS Supreme Court precedent.
It was a UCC case which was entirely beyond the appreciation of the trial court (Circuit), where we lost to the bank (defendant). At trial, the bank was represented by the local MUNICIPAL JUDGE, who had previously recused himself due to a conflict - but brought himself back in a few days before trial for voir dire and to argue the case on behalf of the bank.
Of course, the jury went along with their Municipal Judge; and, I don't necessarily blame them - each of the jurors was subject to appearing before the bank's attorney - the Municipa Judge - in the event of a speeding ticket, DUI, etc.
So, with black letter law on our side, we were confident that we would prevail on appeal. However, CJ Bill Waller, Jr. was lobbying for his budget increase with the chairman of the relevant committee who was also a director of the bank. Had the Supreme Court issued an opinion consistent with State law, it would have queered the sale of the bank, which personally profited the legislative committee chairman and his partner.
The law was so clearly on our side, Waller could not spin an opinion against us either, without it being obvious to everyone else that he was in the back pocket of the bank.
So, notwithstanding that the Court had never ruled on the issue at bar, Waller disposed of the case by "Per Curiam Affirmance", allowing the grossly conflicted trial court opinion stand without comment from the Supreme Court.
As a result, the bank got away with converting a $200,000 check; the committee chairman and his partner together received about $12 Million from the bank sale, and Waller got his budget increase, when most, if not all, other state agencies did not.
There are other factors, which would make for a decent novel, but I'm not a writer...
So, yes, you're a corrupt fraud Bill Waller, Jr. If not call me on it.
Sweet Jesus, I love this site.
Novel-worthy for sure. Sounds like Jr. should have been co-housed with the honorable Justice DeLaughter. But wait! Waller was an officer in the Mississippi National Guard, which, according to another thread on this site, makes him a hero.
Shackelford is praying that this goes before his good friend Bill Waller! Praying I say!
If the bank pays Brown and Shack get away with the biggest con ever seen!
If the bank pays, they will make sure that Brown and Shack do time and go after them for whatever they're out. The bank paying a settlement may help in the civil suit by De Mon, but it won't let them off the hook criminally. Besides, big companies settle this kind of thing all the time by paying something just to cut their potential losses and keep it out of court. Let's see how much money they're talking.
Was Mike Brown in court yesterday?
Shackelford is "banking" on his case going before Waller. If Waller is an honorable judge, the right thing to do in this situation would be to recuse himself. Bottom line!
there are a few other justices on the ol' supreme court other than the cj. can he alone issue a 'per curiam affirmance'?
@ Anon 8:47 Good point - the CJ cannot unilaterally issue a pca; however, the CJ can control the schedule on selective cases, which Waller did with respect to the case mentioned above.
CJ Waller withheld disposition of the case mentioned above until December, when most other justices were essentially on holiday and when it is much easier to persuade the other justices that pca is warranted. If any justice would like to disagree, then he/she can hang around during Christmas and write the opinion. So, taking the CJ’s word for it, the pca disposition of the case was “unanimous”. I have it on pretty good authority that this was the situation.
Also, the CJ can exercise a high level of “judicial discretion” when the value of all of the justices salaries, benefits and budget were at risk as mentioned above.
What I am representing here is well-documented; except the motive, which is clearly transparent to any “reasonable man” apprised of the facts.
Again, based on my personal, well-documented experience, Mississippi Supreme Court Chief Justice Bill Waller is dishonorable and likely more corrupt than Bobby DeLaughter or Dickie Scruggs, who happened to get caught.
But, the dishonorable Waller continues to get re-elected primarily because he inherited a good name. ( I personally contributed $1,000 to his dad’s US Senate campaign.) As such, junior’s highest qualification for elected office in Mississippi is that he is a member of the lucky sperm club.
Has Bible Guy paid young MCClunton even a dollar?
Im 100% certain that if both of them go back to jail and are held til payment in full is made,, all the money will show up within 90 day' ALL OF IT!!! 100% chance.
Does anyone know if the hearing went off this morning?
No it did not postpone til July 26@9:00 some of the lawyers were not there sorry I hate it to
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