the cowboy versus the feds

in the ongoing saga of our cowboy mayor, he tackles another challenge...being charged by the federal government.  who knows how this will turn out.  can he emerge again?  i guess we will just have to wait and see.

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Federal grand jury indicts Melton

Bodyguards also accused in 2006 case

Chris Joyner • chris.joyner@jackson.gannett.com • July 10, 2008

Following a months-long FBI probe, Jackson Mayor Frank Melton faces a federal trial for something a Hinds County jury acquitted him of more than a year ago - damaging an alleged drug house.

"I'm very disappointed," Melton said Wednesday after learning he and his two police bodyguards had been indicted by a federal grand jury. "This has been a distraction for the last two years, but I'm not going to let it stop me from doing the things I have to."

Melton and his two constant companions, Jackson police Detectives Marcus Wright and Michael Recio, face charges related to damage caused Aug. 26, 2006, to a duplex on Ridgeway Street. The indictment says they conspired to violate the civil rights of Jennifer Sutton, who owns the home, and Evans Welch, who lived there, when they and a group of young men used sledgehammers and other imple-ments to tear up the structure.

Melton, who is seeking re-election to a second term, is due in federal court Wednesday for an initial appearance. He likely will not have to surrender or be arrested before then.

The three also are charged with using a firearm during the commission of a violent crime. The conspiracy charges could mean up to 10 years in prison. The firearm charge carries a minimum five-year sentence.

Former Mayor Dale Danks Jr., Melton's personal attorney in other matters, met in his downtown office with Recio and said he had spoken with Melton. Danks said Melton was "hurt" by the charges.

"As any individual whose been indicted, particularly on a similar charge to what he's already gone through, he's somewhat disconcerted," Danks said.

A Hinds County grand jury indicted Melton, Wright and Recio in September 2006 on several felony charges, including burglary and malicious mischief related to the damage to the duplex. A jury acquitted them in April 2007.

"It is what it is," Melton said of the indictment. "I'm very disappointed because I have worked so hard on fighting crime in this city."

Regarding a portion of the federal indictment that said he, Recio and Wright conspired "to injure, oppress, threaten, and intimidate E.W. (Welch) and J.S. (Sutton)," Melton said, "There was a warrant out for E.W.'s arrest. Recio and Wright had the right to arrest him."

Melton acknowledged he was at the scene but said there was never any physical acts against anyone. During the 2006 trial, Melton's defense lawyers never attempted to disprove claims the mayor and his bodyguards took part in damaging the house on Ridgeway. Instead, they argued - successfully - Melton, Wright and Recio did not act with malice, a key component of the state charges.

Former Hinds County District Attorney Faye Peterson, whose office prosecuted the case, would not comment on the indictment.

The indictment comes as Melton begins the final year of his term and his political rivals begin to stake out campaign issues.

"The mayor did mention the timing to me, from a political standpoint," Danks said, adding that he does not believe that was a factor in the indictment.

Specifically, the indictment alleges:

# Melton, Wright and Recio brought several young men, many of them minors, aboard the Jackson Police Department mobile command unit to go with them while "they engaged in law enforcement activities."

# Wright ordered the occupant out of the home at gunpoint.

# Melton used a "large stick" to break out the windows.

# Melton ordered the young men accompanying him to "damage and destroy the home" using sledgehammers, while Wright and Recio stood guard.

# They all returned later that evening, and Melton again ordered the young men to destroy the home and its contents while Wright and Recio stood guard.

# Melton, Wright and Recio carried firearms during these activities.

The indictment alleges these actions violated federal civil rights statutes by depriving Sutton and Welch of their rights regarding unreasonable searches and seizures.

City Council President Leslie Burl McLemore, a frequent critic of the mayor, said the indictment caught him by surprise. For the better part of a year, reports have surfaced of a continuing federal investigation, but McLemore said he figured it was "idle talk."

"A cat has nine lives, and he probably has 11," he said of the mayor. "I just never figured that they would get to this point."

Perhaps as surprising as the indictment itself is what it does not include.

Federal investigators subpoenaed mountains of city documents and questioned numerous city officials, including City Council members, about Melton's activities. Among the areas probed were a contract given to a fledgling lawn-cutting business and raids on the Upper Level night club.

Ward 4 Councilman Frank Bluntson, one of Melton's most loyal friends, said he was not surprised at all. "They came and interviewed me, the FBI and the U.S. attorney who is doing this case," he said. "They talked to me about an hour at City Hall."

Bluntson said he was served with a subpoena and summoned to appear before the grand jury May 6 but never called to testify.

"People were expecting this anyway," he said. "A lot of people feel this is the same thing that already has been dealt with."

McLemore, who has said he is considering running against Melton for mayor next year, was among the first to call on the mayor to resign when he was indicted nearly two years ago. He said he stands by that today.

Melton's continuing troubles with the law have placed "a cloud over our heads," he said.

Danks said he is working out arrangements with Melton to return as his attorney for these latest charges. Two members of his defense team will not be back.

Attorneys Robert Shuler Smith and Winston Thompson represented Wright and Recio during the April 2007 trial. Four months later, Smith defeated Peterson to become Hinds County district attorney. Smith then hired Thompson as an assistant district attorney.

Smith said he could not comment on the current indictment because of his earlier involvement on the defense team.

Staff writer Jimmie Gates contributed to this report.

To comment on this story, call Chris Joyner at (601)0360-4619.

link:  http://www.clarionledger.com/apps/pbcs.dll/article?AID=/20080710/NEWS/807100392

Comments

[Angie]

Love the new layout.

[Nikki]

When will the Melton circus ever end?

And I like the new layout too.

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[nikki indigo]

my goodness...this is what's going down where you're at? almost makes the racketeering, bribery, and wire fraud charges against the former atlanta mayor look harmless

...almost...

[Amadeo]

Hook him and Kwame up. That would be a show. I can't talk though our Mayor is in some stuff too.

Google Sheila Dixon.