Judging from the comment threads I’m seeing here and elsewhere, I need to talk more about how in the everlovin’ blue-eyed whirled Keith Shelton and James Jennings got indicted, even on an Ed Peters dare.
The indictment you can read for yourself at page 54 of its signer Robert Taylor’s testimony in deposition. Minus some of the heavier-duty boilerplate, it alleges that Shelton and Jennings
on or about the 16th day of April, 1997, did … conspire and agree … to prevent and obstruct justice … in that [they] did … offer to seek to have dismissed, or assist in securing the dismissal of, a certain complaint … then pending before the Mississippi Commission on Judicial Performance against Houston J. Patton …, said complaint having been filed by … defendant Jennings, in exchange for the reinstitution by … Patton … of a default judgment previously set aside by … Patton in … [Jennings v. Kenney], and in further exchange for the payment to one or both … defendants by … Patton of … $25,000.00. [Emph. mine]
I highlight the word “default” because it’s such a tattletale. Throughout the complaint tribunal’s report, we see Patton repeatedly but mistakenly referring to the summary judgment he’d granted to Jennings, then retracted, as a default judgment. That this mistake carries over into the indictment strongly indicates that the prosecutor who prepared it did little if any homework; instead, s/he just took Patton’s (wrong) word for it.
Clearly, someone set out to trap Shelton and Jennings. Senior Assistant DA Taylor said Patton “deviated from the script” — but what really happened is that Shelton completely resisted being drawn into committing a crime.
As to Patton’s first demand — “dismissing” the JPC complaint — Shelton wouldn’t play at all and kept to a completely legal position. Basing a prosecution on that was worse than indicting on a dare: it was indicting on a lie.
Shelton also resisted Patton’s second demand — reinstating the judgment — by saying “We’re not asking for that, we won’t burden you,” and he gave in only after Patton insisted. This is entrapment as clear as it can be: Patton isn’t being extorted, Shelton is being forced to go along. No way does the conversation on the tape show an “extortion” to reinstate the judgment. Any prosecutor claiming this would clearly violate the duty to “refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause.”
But once the indictment-on-a-dare was filed, and Shelton was more or less tricked into making an Alford plea, the Bar and the Supreme Court were blinded as to what had actually happened. They just looked at the plea, accepted the truth of the indictment, and never thought to ask, “Is this prosecution based on a lie?”
Meanwhile, the transcript that no one in the DA shop bothered to read held plain, simple, unambiguous evidence of the existence of a separate, glaringly-necessary (and – wups – exculpatory) document — the “noon agreement” — that the prosecution didn’t have.
I don’t know, maybe I’m wrong about that. Maybe Peters or some ADA did read it. But if so, no one ever bothered to force Patton either to produce the noon agreement or to say what he did with it or why he couldn’t produce it.
Certainly, the DAs can’t say they confused the document discussed on the tapes with the one Patton and Jennings eventually signed. On the first tape, Patton calls to complain that the document he’s reading says nothing about reinstating Jennings’ “default” judgment. But the paper they eventually sign does (thanks to Patton’s own complaint/request/insistence) cover the reinstatement: It cannot be the one they’re talking about on tape.
Then Patton calls back to request another change to the agreement Shelton gave him at noon. And behol’, the final, signed-by-both-parties document contains exactly the language Patton requests in this second call as well.
So could somebody please ’splain to me how anyone with an IQ greater than a shoe-size could think only one version of the release agreement ever existed?
I put it to you that obviously the DA’s office didn’t want to know about the noon agreement and intentionally refused to perform prudent investigation of all the available facts and evidence. Why? Because they’d made up their minds long before they sent the cops to that McDonald’s to arrest Shelton and Jennings.
Eventually, though, they did figure out that the version in the indictment was false — but by then they didn’t know what the hell to do about it. Here they were, stuck between having to implicate a local judge or doing the right thing by letting two innocent people off the hook.
So they chose to maintain the fiction – … for years. (And why ever not? They had the Clarion-Ledger carrying their own and Patton’s water for them every time you turned around.)
Robert Taylor had it right: Shelton and Jennings were tried and convicted the minute they were arrested and charged.
lotus
Ya reckon the Mr. Brantley is wanting to folo up on the earlier complaint(s) he’s received and review them real quick like….on some post-dated letterhead perhaps?
I’m sure the Bar will invoke Rule frigging 15!
Wozzat, irate?
The keep it hush hush rule.
http://www.mssc.state.ms.us/rules/RuleText.asp?RuleTitle=RULE+15%2E+CONFIDENTIALITY+OF+MATTERS+UNDER+THESE+RU&IDNum=8
Thanks for the link, irate — you fast!
Well, I think I’m about to purchase http://www.HoustonPatton.com and a few more! “They” can invoke all the rules they want to. I personally hashed out every bit of this with the General Counsel of the Mississippi bar and he was aware of each and every scurrilous deed you have listed in this blog as was Brant Brantley! My personal theory on why they dragged it out was to cause a time bar for any civil suit or administrative complaint.
jailforpatton@gmail.com
I don’t understand why Shelton did not put up more of a fight. He knew about the release. He knew Patton was lying on him. Why not counter with his own judicial performance complaint, or move to have case dismissed on prosecutorial misconduct?
Perhaps. Very tragic tale. The stories coming out have a chilling effect on me, for sure.
And obviously, Mr. Shelton needs to keep his head down until the Supremes deign to release him from Purgatory. It will be interesting to get his take on all of this once that happens.
By the way, I don’t think that it is entirely in good taste for JJ to use this site as a platform for his cause. JMO. Maybe others disagree. I concede it appears he has gotten a raw deal, but it is too in my face for one to post jailforpatt at .gmail on a blog posting his own story (in an entirely beneficial way). The story speaks for itself in a very convincing manner.
I did welcome his input with a first person perspective on the Shelton screw.
Nevertheless, y’all got free speech and what not.
supergreg, there’s a way that it is very uncomfortable to have a subject of a story crop up in the discussion. I think that’s a legitimate concern. It’s happened a couple of times already here. For instance, when I talked about Merrell Williams (the tobacco document informant for Scruggs) he came up and made some comments.
I want us all to be free to speak our mind, and I don’t want ANY one point of view to hijack this blog–> the only P.O.V. I want to predominate is the anticorruption one. For instance, we’ve tried to present both sides of the arguments about State Farm, and have welcomed people who have reminded us to accord indictees the presumption of innocence when we’ve been doing orgies of speculation about where the case might go next.
All that said, I agree that JJ’s outrage is understandable but over the top. I want to hear his point of view– but hope he figures out that it’s far more Lotus’s approach (here’s what happened to these people, isn’t it an outrage?) that gets him where he’s going than his approach (jail-for-apatton & etc.)
Not that I really care what someone that does not use their real name post anonymously, but I’ll bite this once, and this once only.
1st…I didn’t post the story. This blog didI was minding my on business when notified I was all over the Internet. .
2nd. That is my email. I use it and will continue to use it. If it offends you, be sure not to email me. If it bothers you, I’m sure you would hate my “Jail4Judges” shirt.
3rd, In no way is it,”entirely beneficial” for me to post anything or everything on this site.I hope the citizens of Mississippi gain from total and complete disclosure and the corrupt elected and appointed officials that lord over the citizens of this state that are guilty get long and deserving jail terms for what they have done, not only in this case, but others. I additionally hope that enough light is shined on the individuals and agency (s) that are empowered to investigate corruption and to act on corruption that sat by and watched will perhaps shame them to act for the next poor soul someone attempts to railroad.
The reality is that the United States of America, which proclaims itself the ‘land of freedom,’ has the most dishonest, dangerous and crooked legal system of any developed nation. Legal corruption is covering America like a blanket.”
I suggest you purchase and read the book, “Black Collar Crime”
JJ, let others do the talking. You got a raw deal, and your lawyer got it much worse. Hyperbole diminishes your cause and Shelton’s, as well, and he is the one who got the rawest end of it, brother.
Probably the main reason Shelton could not fight back is that after he pled he was not sentenced during several years in purgatory. His sentence was pending, supposedly waiting for him to testify in the Jennings trial that never happened. If Shelton had stopped “cooperating” he would have been sentenced and imprisoned.
ho hum.
http://kingfish1935.blogspot.com/2008/01/incest-in-dixie-mississippi-legal.html
Excellent writing. Look forward to reading more comments.
Ya, Kingfish, it’s tacky to blog-whore. Instead, let others blog-pimp for you (and they will, I imagine).
If I ruled the world, James would take the good advice offered here. But I don’t and he may not either.
I’m just hearing about all the tornadoes across AR-MS-TN and hoping you all are safe! Please check in ASAP, okay?
“The reality is that the United States of America, which proclaims itself the "land of freedom,’ has the most dishonest, dangerous and crooked legal system of any developed nation. Legal corruption is covering America like a blanket. "
Depending on how one defines “developed nation,” I’m not really sure whether I can disagree with this statement. Accusing JJ of hyperbole is cheap; demonstrating that he’s wrong would be difficult.
Our *federal* system is surely one of the best judiciaries in the world, but Mississippi’s recent experiences illustrate the problem with elected state judges.
Anderson, I really can’t agree with you there. Here in Florida, we elect our circuit and county judges and vote on the retention of appellate judges and the state supremes. You can have perfectly good elected judges (we apparently do), so I doubt that’s your true problem in Mississippi.
The thing is JJ comes across a bit…well flaky….but considering what has happened to him and Keith no damn wonder!
This gets crazier by the minute.
Guess who the pointman is for Obama in Mississippi? Houston Patton’s wife, Jonnie Patton. This gets nuttier by the minute. Guess who the pointman is for Obama in Mississippi? Jonnie Patton. Judge Patton’s wife. Hmm…
http://my.barackobama.com/page/community/post/MagnoliaStateBlog/Ct9G
…well, how ’bout that?
Don’t want this getting lost due to all the comments about Satan Farm.
Boy, irate, as if I didn’t have enough bad news going on today. Ga-loom.
I must needs pour me a drank.
The MSSC issued several opinions yesterday and actually reinstated an attorney. http://www.mssc.state.ms.us/Images/Opinions/CO46242.pdf
Nothing on Shelton.
Why, in the Tribunal’s findings of fact, is there nothing, absolutely nothing, mentioning anything Patton had to say about this case (in the current timeframe that is). There is no affidavit, no deposition….nothing. Very very odd that this would not be done. Thus, many conclusions can be drawn from it.
That should be MSSC!
IRATE,
None of the goings on is odd to me. With all of the sealing going on, important things being totally ignored, etc, etc–just confirms to me what a Good Old Boy network still exists.
I’ll fix that one for you, irate. Thanks for mentioning that the NINTH Thursday has elapsed since the Bar urged Keith Shelton’s immediate reinstatement, so I’m not real sure what-all we might think of to call them.
Wouldn’t any testimony from Patton be more fitting in a JPC or criminal investigation? I mean, we know what he‘d say about reinstating Shelton, don’t we? Why would they bother with that?
I think they may be protecting him. Just another GOB!
It’s a cinch they’re not protecting Shelton, or their own reputation, or the rule of law. Any of that diddly stuff.
Lotus you should add a ticker at the top of folo to indicate how long Shelton has been suspended.
Excellent idea, irate. I’ll find out if/how we can.
sorry Lotus. wasn’t trying to do that. Just trying to make a point about how the bar is set up and didn’t want to eat up your space with a long paste job. sorry.