No, not that fast — but while I was writing the previous post, Ben Creekmore was crafting his own message:
Lotus:
I am Ben Creekmore, DA for the 3rd Circuit District of Mississippi. I am concerned about Alyssa’s column because of the nebulous manner in which it covered the issue of Judge Howorth continuing the Minor case. And, I am afraid that I may be to blame. I am prevented by law, and for good reasons, from trying cases in the media and this requires that I be conspicuously concise to the point where a reporter’s story can unintentionally highlight an issue that raises questions not contemplated in my communications with them that could have been easily addressed if I had exercised more foresight in my responses.
In the eleventh blog entry to Alyssa’s story there is a query as to why this important case was continued by Judge Howorth. I do not know the exact reason why it was continued; however, if the time lines are correct with respect to the FBI investigation, Balducci was confronted by FBI around this time and surrendered his bar license. This would have left Darron Minor unrepresented; therefore, a continuance would have been necessary. To allow Balducci, at this point, to continue to represent Minor in the November trial would have been unconscionable.
You have exceptional control of the quality of your blog. I am not requesting or suggesting you respond in any way to this communication. To do so, may in fact make dense what I consider to be liquid. I do, however, want you to know in a discreet way that I lament having been responsible, through lack of foresight, for anyone calling into question Judge Howorth’s character because of his decision to continue the November trial setting.
Sincerely
Ben
P.S. Why yes, as a matter of fact, I do have his permission to print his email. Not that he could resist (we just found out) an old friend of the family who knew his daddy, grandparents, aunts, and uncle years before he did. Smallest possible world, Mississippi.
Hey, Miss Margaret, Wilmuth, Sam, Tiddley, and John! ((((HUGS))))
Am I nuts or did this Alyssa character put in the story that Creekmore said Howorth did NOT continue the case due to Balducci but because of the fact Minor was now without representation?
*Rereads story.*
Yup..I’m pretty sure that’s what she said.
Hiya, Lydjah. You be our expert on that Alyssa character, so I bet you right.
Right about there?
While the most recent delay (or continuance) is unfortunate for the victim, I just do not see a problem with it under the circumstances. The case cannot go forward without the defendant being represented, and no meaningful representation could have occured with this defendant having to obtain new counsel and try this case that same month of November.
He has had plenty of time to now obtain new counsel and for that counsel to be sufficiently prepared. So, I suspect that the case will now go forward.
It is terrible re Balducci’s attempted bribery of Judge Lackey in this matter. But, that cat is now out of the bag for appropriate punishment and the upcoming trial of this defendant should not be tainted in any way. Justice will be served.
Ben Creekmore is a fine person and a good, honorable attorney — he is one of the good guys, IMO.
Every perceived “injustice” in our legal system in MS is not a personal plot, scheme, or conspiracy by attorneys. And before alleging or insinuating such, it might be a good future practice to first gather a few of the facts.
afotl, where do you find such an allegation or insinuation?
This was a general pre-emptive strike, as I could see it heading that way. Not directed toward you, lotus.
Friend of the Law// Anytime We feel there might be an injustice we try to find someone to blame, its only being human. This morning as I was getting ready for work Tim Balduccis’ words describing this client was playing in my head and I thought what a sorry ass lawyer he really was.
Just got to read this and it was so funny when I saw Ben’s name on that post and I immediately thought, “I wonder if Lotus realizes who is Monroe county family is.”
I love the South
Pretty flamin’ wonderful despite all its messes, isn’t it, MT?
The Marshall County Criminal Docket for February, 2008 had about 400-450 cases on it so a lot of cases got continued even though a lot pleaded out. The Docket is so crowded that the Judges have set 8 extra weeks of court in addition to the 4 regular terms for 2008 to get the dockets cleared up. Ben Creekmore and his staff are working hard to get them cleared up. That the Minor case was continued in November–for whatever reason–comes as no real surprise.
WC, glad they got extra weeks. So many times the problem seems to be that they (and others) have so many numbers that the plea’s to melt to wimpy sentences just to clear the docket. I’m glad to see that your folks got some help.
Three years? Three years for a DUI manslaughter case? Come on … that’s more than backedup. That’s “ok let’s see how long we can hold this up to see if he will plea so the whole world doesn’t see all the mess ups with the blood tests. Three years? I’ve worked in busier, more populated places than Marshall County and it doesn’t take that long for a case like this to come to trial.I, for one, am not buying it.
Connected lawyers get you 3 years. OJ just 6 more months to “prepare”, OJ!
Lydia, the Marshall County criminal docket has been backed up like that for years. The prosecutor has leeway as to what cases to push, but I’ve experience of that docket going back a decade or so and it’s been jammed up as long as I’ve been aware of it.