Jackson Jambalaya

Hinds County District Attorney Robert Shuler Smith asked the Mississippi Supreme Court to stop his criminal while the Court considers his appeal of a motion to dismiss that was denied by Rankin County Circuit Judge John Emfinger.  The trial is scheduled to begin on October 23.  The Attorney General is prosecuting the District Attorney on two separate indictments for simple domestic violence, aggravated stalking, and robbery.  The two sides are also warring over whether testimony about alleged repeated incidents of domestic violence and drug use can be admitted as well.   Attorney John Reeves represents Smith. 


RSS filed over 100 pages of documents Friday.  Here are the highlights.

*Interlocutory appeal and a motion to stay the proceedings (p.1).  RSS tries to argue yet again the Williams case prevents the AG from prosecuting him.  The Williams decision involved a case that was dismissed by the D.A. but the judge wants to re-fire the prosecution. The key issue is whether the court has the authority to remove a prosecutor and replace him with one from another agency.  The Mississippi Supreme Court ruled that it did not have such authority.  However, RSS tried to use Williams to prevent the AG from prosecuting him or Christopher Butler in Hinds County but to no avail.  See earlier post discussing Williams decision. 

RSS argues that the AG exceeded the scope of his authority under Williams. RSS argues that the AG can not prosecute any cases without the consent of the District Attorney where the case will be prosecuted.  Judge Emfinger rejected his Williams arguments as did Judge Larry Roberts in his Hinds County prosecution.

 *The indictment (p.9) alleges that RSS caused "bodily injury" to  Sue Ellen (That will be her nickname in this case on JJ) by "grabbing her arms and throwing her against a counter".   They had a former "dating relationship".  He allegedly pointed a gun at the victim and made "threatening comments."  The indictment charges RSS with two counts of simple domestic violence.

*The second indictment charges RSS with a count of aggravated stalking and one count of robbery. Sue Ellen is again the victim.  He stands accused of threatening her with a gun after he took the gun from the victim.  (p.11)

*Motion to Dismiss was filed on August 30 (p.46).  RSS argued that Rankin-Madison District Attorney Michael Guest declined to prosecute the case and the Attorney General exceeded his authority to do so.  Same Williams argument.

*Order denying motion to dismiss.  Judge Emfinger denied the motion on October 3.  (p.57).

*Motion in Limine (p.59).  The AG filed a motion to bar any mention of RSS's Hinds County acquittal in the trial at hand.

*Motion in Limine (p.60).  AG asked the court to bar RSS from alleging prosecutorial misconduct or selective prosecution during trial.

*Notice of intent to offer 404(b)(2) evidence (p.66). The notice states:

I.  In addition to testimony regarding the assault that took place on August 13, 2015, the victim will also give testimony regarding at least four (4) other violent assaults perpetrated by the Defendant against her that took place beginning in 2006. The victim will also testify that the Defendant has held her and Angela Walters at gunpoint in the past.

2. Angela Walters is also expected to testify regarding several occasions in which the Defendant has physically assaulted her and held her at gun point. Ms. Walters will also- testify regarding the incident in which the defendant held she and the victim at gun point.

3. Sandy Middleton of the Mississippi Coalition for Domestic Violence, is also expected to past incidents of violence that the victim has reported to her at the Domestic Violence shelter.

4.  April Porter will testify about dating Smith in the past and him  being physically abusive toward her.

5.  Both the victim and Ms. Walters are expected to testify regarding the defendant's use of drugs and how it affected his behavior and violent actions.

The question will be how much of this testimony will be admitted into evidence.

*The AG filed a supplemental response to the motion for discovery (p.72).  It states

I. Agent Pam Bergren, Federal Bureau of Investigations, .... Agent Bergren will testify as to the information contained within the reports that were tendered to the Defense on June 29, 2017 and also that the victim feared for her life after reporting the incident to Agents Bergren and Culpepper. Because of this fear, the victim was given $2,000.00 by the Bureau so that she could leave town for her safety.

 *Motion for continuance.  (p.74).  RSS asked Judge Emfinger on October 9 to continue the case so he could file an interlocutory appeal with the Mississippi Supreme Court.  RSS also filed a seperate motion (p.76) that day asking for additional time to file pre-trial motions.

*Motion in Limine by RSS (p.78).  RSS asked the court to bar the AG from introducing any testimony about alleged domestic violence mentioned in the 404 notice.  He argues all of the evidence is hearsay and highly prejudicial.  He also asked the court to

prohibit the State from mentioning referencing and/or attempting to introduce any mention of alleged incidents of drug abuse by the Defendant. This information would be highly prejudicial to the Defendant and in violation of Rules 402 and 403 of the Mississippi Rules of Evidence

He says such evidence is "irrelevant."

However, RSS  also asked the court to bar any photographs made of the victim by the staff at the Mississippi Coalition for Domestic Violence.

*Transcript of hearing on motion to dismiss (p.85).  Mr. Guest states that an FBI agent contacted him several months before the indictment was returned. The agent met with him, County Prosecutor Richard Wilson, and Ms. Middleton.  Mr. Guest said he thought the case could be best handled by Mr. Wilson since the allegations did not rise to the level of aggravated domestic violence.  He said that he did not invite the AG to prosecute the case.  However, he said it was "common practice" for the AG to prosecute cases in Rankin County without his consent. He said the AG had the authority to investigate and prosecute cases in his jurisdiction without his consent.