As we sit here awaiting a verdict in Jackson Mayor Frank Melton's trial, here's little more on the irony of Frank sitting next to attorney Cynthia Stewart, who is representing Melton's co-defendant in this federal trial. You will recall the last post was a little vague about the details of Frank going after Cynthia when she was defending accused individuals such as himself.
Well, thanks to astute reader and Google power searcher Rogen Chhabra, here are the details, refreshed now in my mind by this AP article:
RESTRAINING ORDER SOUGHT AGAINST MBN CHIEF JACKSON ( AP ) - An attorney who claims she is being harassed by state Bureau of Narcotics Director Frank Melton for representing an alleged gang member wants federal court protection from arrest, court documents show. Melton has publicly said he planned to arrest a Jackson attorney in connection with the recent drug-related gang arrests. On Monday, he declined to say whether Cynthia Stewart was that lawyer or on what charges the lawyer would be arrested. Stewart filed her motion last Thursday in U.S. District Judge William Barbour's court. In the motion, Stewart says Melton is using the threat of arrest to harass and intimidate her and interfere with her representing Marcell Martin. Stewart "is facing irreparable harm from the threat of imminent arrest, business interruptions and damages to her reputation and good will," according to the motion. Barbour has ordered a hearing on the motion for Friday. "None of the other people we put in jail had a restraining order," Melton said in an interview with The Associated Press. "It seems like the rules change when you get to a certain level." Messages left at Stewart's office Monday were not returned. Martin, 27, was one of 15 people recently arrested by narcotics agents for allegedly running a drug operation in downtown Jackson. He was charged with cocaine distribution and being a convicted felon in possession of a firearm. Melton said the lawyer he was targeting took the statement of a man who had been kidnapped and beaten by alleged gang members who were attempting to force him to claim weapons seized in the arrests. Melton said the man was in protective custody. In a sworn affidavit dated Aug. 19, Stewart said she took statements from three witnesses after the arrests, one of whom answered questions concerning seized firearms. She said her activities were under the normal practice of the law. MBN agents during the arrests seized two .357 Magnum handguns, a .32-caliber revolver, two SKS assault rifles, a .308-caliber rifle, marijuana and several rounds of ammunition, according to the search warrant.
So then MBN chief Melton was trying to get Ms. Stewart arrested for doing her job as a good attorney and now rolling over and playing dead for the new sheriff in town. I am afraid this story illustrates, again, Melton's "end justifies the means" attitude toward crime fighting and pretty much anything Melton wants to do. "I'm putting these criminals away. Why would anyone oppose that? I don't need no stinkin' trial or pesky Constitution." He is genuinely amazed that he can't do whatever pops into his head at the moment. Reminds me of a certain Texan recently retired from government service.
A few final irony thoughts. Cynthia went where when Frank was acting the fool? Federal Court. Which is now the scene of more Melton troubles. And although the two defendants have somewhat diverent intrests and defenses in this matter, I understand that Cynthia is doing the heavy lifting as far as jury instructions are concerned, so her skill is helping the dude who went after her for exhibiting that same skill and diligence for others.
Thursday, February 19, 2009
Thursday, February 12, 2009
A Little Bit of Irony
Here's another thought on the Melton trial, this one having nothing to do with tactics, trial procedure, etc.
It is just that I am struck by the incredible irony of Mayor Frank Melton and attorney Cynthia Stewart sitting side-by-side at the defendant's table cordially working together (at least until the interests of Cynthia's client and Mr. Melton diverge), all as peaceful and serene as could be. But I recall back in the beginning of Mayor Melton's term of office how he went after Cynthia Stewart simply because she was doing a good job of representing some of her criminal clients. These were individuals that Frank had already convicted in his mind, and wanted them to be punished forthwith. Cynthia, unfortunately for Frank's sense of justice, keep bringing up that pesky Constitution, due process, and other things that really gnaw at dictators. Rights of the accused!! Frank ain't gonna like that!
I have unsuccessfully tried to run a Google search on this to give you some more specific facts, because as I age, my memory gets less and less specific, but I have been unsuccessful. Nonetheless, Frank was causing Cynthia all sorts of problems, and some serious concerns, as I recall. It was one of the early clues that Frank did not believe in the rule of law but only in the rule of Frank
It all worked itself out eventually. But now, as Frank and Cynthia sit at the defense table, and his bodyguard is represented by Cynthia, I cannot help but be struck by this little bit of irony. Not quite as ironic as if he hired Cynthia, but this isn't a novel or short story, it is real life.
It is just that I am struck by the incredible irony of Mayor Frank Melton and attorney Cynthia Stewart sitting side-by-side at the defendant's table cordially working together (at least until the interests of Cynthia's client and Mr. Melton diverge), all as peaceful and serene as could be. But I recall back in the beginning of Mayor Melton's term of office how he went after Cynthia Stewart simply because she was doing a good job of representing some of her criminal clients. These were individuals that Frank had already convicted in his mind, and wanted them to be punished forthwith. Cynthia, unfortunately for Frank's sense of justice, keep bringing up that pesky Constitution, due process, and other things that really gnaw at dictators. Rights of the accused!! Frank ain't gonna like that!
I have unsuccessfully tried to run a Google search on this to give you some more specific facts, because as I age, my memory gets less and less specific, but I have been unsuccessful. Nonetheless, Frank was causing Cynthia all sorts of problems, and some serious concerns, as I recall. It was one of the early clues that Frank did not believe in the rule of law but only in the rule of Frank
It all worked itself out eventually. But now, as Frank and Cynthia sit at the defense table, and his bodyguard is represented by Cynthia, I cannot help but be struck by this little bit of irony. Not quite as ironic as if he hired Cynthia, but this isn't a novel or short story, it is real life.
More hubris and client control
Of course, this week, our thoughts turn to Jackson, Mississippi Mayor Frank Melton and his federal trial. Frank, as you're aware, is being tried in federal court for violating the civil rights of the owner of an alleged "crackhouse" that he had young men damage with sledgehammers and the like.
One thing that has struck me is the fact that Melton still doesn't "get it" as far as the seriousness of this matter. Having beaten a state charge, and skated through on everything else, he still seems to feel that City of Jackson is his own personal fiefdom. Most recently, Frank luckily drew only an admonishment from Federal Judge Jordan regarding possible witness tampering. It seems that there were some subpoenas that were being copied to be served upon witnesses. Franks attorney, Johnny Reeves, told Frank to wait until subpoenas were copied and then have the Jackson Police Department serve them. Frank, according to the Clarion ledger, stated that "he didn't have time to wait.", and snatched the subpoenas and let the courtroom.
Later, it was revealed that he personally delivered at least one of these subpoenas to a potential witness, and stayed in his house longer than the owner of the house wanted him. Although the judge did not find that Mayor Melton had intimidated or tampered with this witness, it could've gone the other way.
Of course, this all could've been prevented if Johnny had followed the sage advice and/or example of Edward Bennett Williams, the late, great criminal trial attorney from Washington, DC. Mr. Williams, in his long and colorful career, represented all sorts of criminals, included Frank Costello, the model for "The Godfather". Williams had one absolute non-breakable rule-he was in charge of the case, not the client. It didn't matter how rich the client was, or how powerful he was in criminal circles, or how famous, or any of those things. Williams made sure from the onset of the hiring of him and his firm that he made the decisions, he was in control, and if you did not like it, he would leave but there would not be any situation where the client was running the case or making the decisions. Had Williams been Melton's attorney and Melton tried that sort of self-important behavior, Williams would have grabbed him by the scruff of the neck, sat his butt down, and given him a lecture reinforcing the rule in Melton's mind. Either that, or Williams would've stormed out of the courtroom telling Melton where what he could do with his case and where he could put it.
Melton has gone this far in life with a good deal of ego and the unchecked belief that he is always right. While it allowed him to succeed on many levels, it has not been a model for good government. We need look no further than the recent disaster known as the Bush administration, which was also led by someone who didn't think he ever made mistakes and was always right. This combination is tragic in government; it is a recipe for disaster in a criminal defense trial.
So what have we learned? The lawyer has to be in control of the client. If you are in awe of your client, or you haven't been paid enough and think you can get some more of you are nice to him, or you desire known as a nice guy, you may be in trouble. If any of these reasons, or any others, cause you to lose control, as a lawyer, of the situation, no good can come of it.
One thing that has struck me is the fact that Melton still doesn't "get it" as far as the seriousness of this matter. Having beaten a state charge, and skated through on everything else, he still seems to feel that City of Jackson is his own personal fiefdom. Most recently, Frank luckily drew only an admonishment from Federal Judge Jordan regarding possible witness tampering. It seems that there were some subpoenas that were being copied to be served upon witnesses. Franks attorney, Johnny Reeves, told Frank to wait until subpoenas were copied and then have the Jackson Police Department serve them. Frank, according to the Clarion ledger, stated that "he didn't have time to wait.", and snatched the subpoenas and let the courtroom.
Later, it was revealed that he personally delivered at least one of these subpoenas to a potential witness, and stayed in his house longer than the owner of the house wanted him. Although the judge did not find that Mayor Melton had intimidated or tampered with this witness, it could've gone the other way.
Of course, this all could've been prevented if Johnny had followed the sage advice and/or example of Edward Bennett Williams, the late, great criminal trial attorney from Washington, DC. Mr. Williams, in his long and colorful career, represented all sorts of criminals, included Frank Costello, the model for "The Godfather". Williams had one absolute non-breakable rule-he was in charge of the case, not the client. It didn't matter how rich the client was, or how powerful he was in criminal circles, or how famous, or any of those things. Williams made sure from the onset of the hiring of him and his firm that he made the decisions, he was in control, and if you did not like it, he would leave but there would not be any situation where the client was running the case or making the decisions. Had Williams been Melton's attorney and Melton tried that sort of self-important behavior, Williams would have grabbed him by the scruff of the neck, sat his butt down, and given him a lecture reinforcing the rule in Melton's mind. Either that, or Williams would've stormed out of the courtroom telling Melton where what he could do with his case and where he could put it.
Melton has gone this far in life with a good deal of ego and the unchecked belief that he is always right. While it allowed him to succeed on many levels, it has not been a model for good government. We need look no further than the recent disaster known as the Bush administration, which was also led by someone who didn't think he ever made mistakes and was always right. This combination is tragic in government; it is a recipe for disaster in a criminal defense trial.
So what have we learned? The lawyer has to be in control of the client. If you are in awe of your client, or you haven't been paid enough and think you can get some more of you are nice to him, or you desire known as a nice guy, you may be in trouble. If any of these reasons, or any others, cause you to lose control, as a lawyer, of the situation, no good can come of it.
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