Have we endured so many public integrity trials in Mississippi that we've lost our perspective? Consider John Reeves' opening statement, given at the beginning of the defense case in United States v. Melton. According to the Clarion-Ledger's story, Reeves said:
"A violation of the constitution, by itself, is not a crime."
The Clarion-Ledger story is here: http://www.clarionledger.com/article/20090218/NEWS/902180353/1002/news01
Is that really such a great argument? It's a head-spinner for me to hear the spokesman for a public official admitting that the official violated the Constitution but without "bad purpose." An intent to violate the Constitution IS "bad purpose." The ends, however expedient or worthy, don't justify the means. And in this case, it's not at all clear that the ends were either. Looks like a public official on a power trip to me.
Showing posts with label trial. Show all posts
Showing posts with label trial. Show all posts
Wednesday, February 18, 2009
Thursday, February 12, 2009
The Question NOT Asked in Yesterday's Session of US v Melton
The Clarion-Ledger reports that the Federal prosecutors called various witnesses yesterday to establish that Defendants Frank Melton and Michael Recio knew that the Constitution and State law required court authorization before a house could be demolished. The full story is here: http://www.clarionledger.com/article/20090212/NEWS/902120343/-1/frontpagetabmodule-1V
With respect to Officer Recio, the C-L describes this testimony:
Federal prosecutors called on Recio's former police academy instructor, John Kelley, to explain to jurors the depth of constitutional law he taught Recio during a 1992 class. Kelley is a retired FBI agent and was a guest instructor at the Mississippi Law Enforcement Officers' Training Academy in Pearl.
Kelley looked directly at the jury as he explained that his class put a special emphasis on Fourth Amendment rights and the need for search warrants. At times, images of his course syllabus were projected on a large screen for support.
* * * *
Recio's attorney, Cynthia Stewart, asked Kelley if he would be proud to know that Recio listened to his teachings and did not enter the duplex that night. Prosecutors objected, and Kelley did not have to answer the question.
With all due respect (as we say in the law biz), I think if I were Recio's attorney, I would have asked Kelley: "What grade did Mr. Recio get in your class?" To be blunt, the impression I have is that if this guy is a rocket scientist, he's working on deep undercover.
With respect to Officer Recio, the C-L describes this testimony:
Federal prosecutors called on Recio's former police academy instructor, John Kelley, to explain to jurors the depth of constitutional law he taught Recio during a 1992 class. Kelley is a retired FBI agent and was a guest instructor at the Mississippi Law Enforcement Officers' Training Academy in Pearl.
Kelley looked directly at the jury as he explained that his class put a special emphasis on Fourth Amendment rights and the need for search warrants. At times, images of his course syllabus were projected on a large screen for support.
* * * *
Recio's attorney, Cynthia Stewart, asked Kelley if he would be proud to know that Recio listened to his teachings and did not enter the duplex that night. Prosecutors objected, and Kelley did not have to answer the question.
With all due respect (as we say in the law biz), I think if I were Recio's attorney, I would have asked Kelley: "What grade did Mr. Recio get in your class?" To be blunt, the impression I have is that if this guy is a rocket scientist, he's working on deep undercover.
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