UPDATED BELOW
For those of you who, having read all or parts of the Shelton series, are now struggling with (100% understandable) WTFs about how Shelton and Jennings ended up indicted for bribery/conspiracy if they got the money:
I refer you to the pdf of Robert Taylor’s testimony with exhibits beginning at page 54 of 84, including in order:
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The indictment (unfortunately, the “Asst. District Attorney” signature is illegible)
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Taylor’s Memorandum of Record
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The “noon release agreement” (signed only by Jennings) that Patton apparently never let the Hinds County DA’s office know about, much less see
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The final release agreement that both Jennings and Patton signed at McDonald’s
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The transcript of the two taped Shelton/Patton phone conversations of April 16, 1997
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The two orders remanding to the file “with prejudice” the bribery/conspiracy cases against Shelton and Jennings
Though these can’t answer our big question, they’re awfully interesting reading.
A few other clarifications and additions:
Keith Shelton has not been disbarred. Note that in its 2003 order suspending him from the state Bar (h/t iratetoday for this eight-page pdf), the Supreme Court also denies his request to convene a complaint tribunal. But for that, this horror could have ended five years earlier.
Need another Arrrgh? Sharp-eyed iratetoday also snagged the 13-page pdf in which, in 2005, SCOM denies Shelton’s first petition for reinstatement.
somslawyer asks whether demanding of Judge Patton an official act (i.e., reinstating the $35,000 judgment) couldn’t be “colorable” as bribery. The important thing to remember here is that Patton was the one demanding that addition to the release agreement, not Jennings and Shelton. I surmise that this came from the law-enforcement-supplied script he otherwise couldn’t stick to to save him. Part 4 of the series covers this do-si-do, and of course the tribunal’s findings provide as complete a version as yet exists.
curiousgeorgette has another helluva good question or two: “Why would Judge Patton care whether Jennings kept a judgment against his ex-wife? Was he doing somebody a favor in having Jennings give up the judgment?” I too can’t wait to discover the answers to those, cg — but betcha we’ll have to cool our jets for further legal proceedings . . . in which the defendant’s initials will be HJP, not JKS or JEJ.
Somewhere (whether on folo or another blog I’m not sure) someone was bothered by Jennings’ request for cash if Patton couldn’t meet them until post-5 o’clock. Sorry for this case of too-zealous editing on my part: in the tribunal findings, you see that he’s planning to leave directly from the meeting to drive to New Orleans for work; therefore, he wants to avoid the hassle and delay of trying to cash Patton’s personal check after-hours.
Wow and glory-be, now I see we’ve got James Jennings himself in da house here and here! James, folo’s most grateful welcome to you. I strongly suspect some fellow readers and commenters here will indeed be glad to help you get these dirtbags into court (I mean, occupying the chairs where they need to be, instead of the ones they do now). If you and they will write to me at lotusflowah@widouta.net, I’ll be happy to help you exchange email addresses. (I fully understand your outrage, but until you do have a new lawyer to advise you, please be careful what you say here in public.) Anyhow, we’re very honored to have you among us!
I’ll try to answer any further questions as best I can, but as you see, to this day much of the story still lies in deep shadow. Noting that a minority but still goodly number of valiant readers have actually made it through all six installments, I commend and appreciate y’all’s intrepid curiosity. The middle parts are very important to full understanding but, boy, also a slog.
You know, soon after hitting Publish on Part 5, I had to jump in the shower and stay there until the hot water ran out and my fingertips went all pruny. Not sure even that was enough cleansing after Shelton, but at least it was a start.
lotus
The agreement to pay the settlement in exchange for dropping the disciplinary complaint could be interpreted as a “bribe.”
Yeah, the judge bribing the lawyer.
Too bad the Clarion Ledger is such a crappy paper. I sent all of this to Mitchell and got this in response …”Thanks for your note.
in response to Not At All Surprised
i would think it would more likely be extortion rather than bribery
Bribe is defined as : money or favor given or promised in order to influence the judgment or conduct of a person in a position of trust
Coercion is defined as to compel to an act or choice : to achieve by force or threat.
.
I think bribe is not what the Judge was wanting to prove in the McDonald’s set up. Patton setting up a trap for coercion is more probable.
At any rate a most telling tale. It gives one the flavor for how the system works in some locales. That flavor also leaves a bad taste, almost nauseous.
I am originally from a state that has always had a vigorous press and had taken that for granted until now. I now realize the real value of those home state papers and their investigative pedigrees. It is a shame that Mississippi’s outstanding writers are all novelist rather than journalists as they are missing out on Lawyergate and now Judgegate.
I am glad FOLO is filling in for the journalistic void.
It’s About Time is correct.
Strike coercion, make it extortion.
It’s weird! One is supposed to try to settle a case before litigating it, but how do you settle a case against a judge?
Can anyone locate a picture of Judge Patton the net? I’m not having any luck!
Whether bribery, extortion, or coercion, I think we are all still on the same page.
belle, as someone (maybe afotl?) said somewhere in another context the other day, the (professional) status of one of the parties can’t be and isn’t an element of any crime.
What the DA’s office wanted Patton to perform was an entrapment — but he couldn’t bring it off, apparently because what he’d already said to Shelton and Jennings was such a mismatch with what the prosecution would need to prove S & J guilty of ANYTHING. If he started talking as the “script” required, S & J would know immediately that something completely out-of-whack was up.
Here is how the case was reported in 2002:
Attorney, client enter pleas in bribery case
10 December 2002
Copyright 2002. The Associated Press.
JACKSON, Miss. (AP) – A Waynesboro attorney and his former client have entered “best interest” pleas to charges they attempted to bribe a Hinds County judge.
J. Keith Shelton, the attorney, and Edward James Jennings Jr. entered the pleas Monday before Hinds County Circuit Judge Tomie Green.
The “best interest” plea allows a defendant to plead guilty to a crime without admitting to actually doing it. Essentially, there is enough evidence to go to the jury and possibly be convicted, so it’s in the defendant’s “best interest” to plead rather than face a stiffer sentence at trial.
Green can accept or reject the pleas after a pre-sentencing investigation, which should take about 30 days, said Assistant District Attorney Robert H. Taylor Jr.
She could also non-adjudicate the cases, meaning Shelton and Jennings won’t have a conviction on their records.
Shelton and Jennings face the possibility of probation or up to 10 years in prison.
The two are accused of trying to bribe Hinds County Youth Court Judge Houston Patton in 1997 over a complaint Jennings filed against Patton with the Mississippi Commission on Judicial Performance.
According to the allegations, Shelton and Jennings offered to drop the complaint for $25,000. The two also wanted the judge to reinstate a $35,000 judgment for Jennings that Patton had rescinded.
Patton reported the incident.
Mike Martz, general counsel for the Mississippi Bar Association, said Shelton’s case will be reviewed to determine if an inquiry is warranted.
Evidence from an inquiry would be submitted to the state Supreme Court to determine what action -such as disbarment-may be warranted.
Just a “honk and wave” pass by but, as usual, a lot of thoughtful comments. So frustrating to sit in meetings and not be able to see what folo folks are talking about!
I would be curious to know if there are current complaints against Patton and others involved.
wasn’t there a female Judge that had problems in Jackson lately? does anyone remember her name?
stormy – you may be thinking of Judge Tomie Greene (?) – had a lot of “interaction” with Mayor Frank Melton.
Hinds County Youth Court Judge…How is Youth Court Judges appointed…I know we don’t elect them. Would like to know if this Judge is politically connected. It appears He was not the ripest apple on the tree, but was just protected over and over by those around him. I suppose it’s called the GOB system.
Patton was reelected without opposition in 2006. The official name of the position is Hinds County Court Judge, Subdistrict 2.
Stormy, you may be thinking of Hinds County Justice Court Judge Nikki Boland, who was defeated in her reelection bid last November.
She had received a couple of reprimands for misconduct, one right before the election.
And of course Judge Tomie Greene seems to stay in Dutch on a fairly regular basis.
Lotus, on page 15 of his deposition, Taylor states that he signed the indictment. This can be confirmed by comparing his signature on page 43 to the signature on page 54.
somslawyer, thanks — I was just noticing that myself and meant to put up a note about it.
Meanwhile I verily dissent from
youroop, I mean kycol’s, ruing that Mississippi’s outstanding writers are all novelists. We got a whole bunch of ‘em right here, and only occasionally are they making the stuff up.So amended your Ladyship.
“It is a shame that Mississippi’s outstanding writers are all novelist and/or World Class Bloggers rather than newspaper journalists as they are missing out on the opportunity do major investigative reporting on Lawyergate and now Judgegate. The fourth estate may have to be depreciated from number 4 to say number 213.”
A spew-warning woulda been good there, kunnul sah, true though yo’ projected numbahs be.
I wonder why the bar has not acted on any of this? It’s their own findings to some extent. Are they going to leave those maggots, James Bell and Peter Corson, Ed Peters and Houston Patton in their profession?
jailforpatton@gmail.com
Mississippi has produced some great nonfiction writers. Turner Cateledge (sp?) and Willie Morris come immediately to mind. Shelby Foote may have been a novelist but is most famous as a historian of the civil war. If I thought a while there are others I am sure.
Mississippi has also produced some accomplished writers of fiction: Peters, Delaughter, Patton, ad nauseum.
LOL
Aye and alas, Kycol.
We have a corner on the fiction thing, Kycol, without reference to, um, lawyers.
For whatever reason I am reminded of Kafka’s The Trial at this moment. Hmmm…..
James, you wouldn’t believe how often I’ve read that very question today — on blogs, in emails, everywhere. The MS Bar has a world of splainin’ to do.
They still haven’t responded to my email I sent early this morning.
William Raspberry is probably the best known current newspaperman, followed by Hodding Carter Jr (and the 3rd)….even though born in Lousiana, the Carter’s are most often associated with Ms.
And another good reference site
http://www.olemiss.edu/mwp/dir/nonfictionauthor.html
Something tells me they (The Bar) have received many,many,many emails today.
It would be interesting to see what types of cases make up the majority of investigations conducted by the General Counsel and the Character and Fitness committee. I would bet there are a lot of EASY targets on the list. (i.e. Alcoholics and those NOT politically connected.) Kind of like the policeman who would rather arrest highschool kids for drinking beer than chase real criminals that shoot back!
I just noticed that the email for Mr Brantley from Mississippi Judicial Performance has changed to a general catch all email. Strange…I don’t believe it was like that last week.
As Ricky Ricardo said..” Ya got a lotta ’splaining to do”
jailforpatton@gmail.com