MISSISSIPPI

 
STEVEN A. McCALEB
103 ALVERADO DRIVE
LONG BEACH, MISSISSIPPI 39560
PHONE & FAX: (228)-868-8428

E-MAIL: mccaleb5thdist@aol.com or mccaleb4thdist@aol.com

WEB SITE: www.mississippiwebsite.com

Minor was indicted this summer along with Mississippi Supreme Court Justice Oliver Diaz Jr., Diaz's former wife, Jennifer, and former lower court judges John Whitfied and Wes Teel. The indictment alleges Minor received preferential treatment in court for financial favors. All of those indicted have pleaded innocent.

It sound to me like Paul Minor is attempting to ensure he get his jury pool of Democrats

Local



Posted on Tue, Dec. 23, 2003 story:PUB_DESC

Minor's team decries jury selection plan

Lawyers say prosecution trying to 'stack the deck'


THE SUN HERALD

The legal team for Paul Minor, a trial lawyer indicted on federal racketeering and bribery charges, has accused prosecutors of trying to "stack the deck" by seeking jurors outside the 12 counties in the federal court's Jackson division.

Federal prosecutors this month filed a motion asking that jurors be selected from all 45 counties that make up the Southern District, including the Coast, which is heavily Republican. Minor has contributed thousands of dollars to Democratic candidates and is the son of political columnist Bill Minor, whose writings lean toward Democratic candidates and platforms.

In the motion filed late Monday afternoon, Minor's attorneys say the federal government is trying to "skew" the process to have a jury pool more to its liking.

"The government's attempt to change the jury pool in this case adds support to those who think there was too much politics in the decision to file charges," said Abbe Lowell, one of Minor's attorneys. "We were not able to stop those charges, but we are going to fight tooth and nail to make sure the trial in this case is fair, and we are going to prevent the government from trying to stack the deck."

Minor was indicted this summer along with Mississippi Supreme Court Justice Oliver Diaz Jr., Diaz's former wife, Jennifer, and former lower court judges John Whitfied and Wes Teel. The indictment alleges Minor received preferential treatment in court for financial favors. All of those indicted have pleaded innocent.

Robert McDuff, the attorney for Justice Diaz, said he had filed a similar motion.

"Normally for a case that's going to be tried in Jackson, the jurors are chosen from nearby counties," he said. "There is no reason to change that in this particular case. There is no reason not to use the normal procedure."

The federal government in its motion argued the jury pool should be larger because of extensive publicity in the Jackson area and the large number of lawyers who live there.

The motion "borders on the surreal," Lowell wrote in the court papers. He said lawyers make up less than 1 percent of the population in Hinds County and only 0.3 percent in the population of all the counties in the district. In regard to the pretrial publicity, he said there had been 51 articles in The Clarion Ledger newspaper concerning the judicial probe and 155 in The Sun Herald.

The fact that both newspapers circulate in the southern end of the state causes a "synergistic effect." People there are also more likely to read the articles, he wrote, because they are familiar with the defendants.

Albert Necaise, Teel's attorney, said he would make a decision on whether to file a similar motion after reading the court papers.

Michael Crosby, Whitfield's attorney, has sought to have the trial held on the Coast. Crosby said his goal is to have a fair jury, regardless of where its members live.

Attempts by The Sun Herald on Monday to reach U.S. Attorney Dunn Lampton were not successful. James Kitchens, the attorney for Jennifer Diaz, also was unavailable for comment.

01/12/04


Minor Launches Legal Counter Attack

Indicted Biloxi attorney Paul Minor Monday launched a legal counter attack in the U.S. government's bribery and racketeering case against him.

Minor's attorney filed a motion in Jackson asking the charges be dropped. It accuses U.S. Attorney Dunn Lampton of having an axe to grind with him, and targeting him for selective prosecution.

You'll remember, last July, a federal grand jury indicted Minor and four others, Supreme Court Justice Oliver Diaz, his former wife Jennifer Diaz, and former judges Wes Teel and John Whitfield. All were charged with bribery and have pleaded not guility. Minor is also charged with racketeering.

Prosecutors say Minor paid off the judges's campaign loans in exchange for favorable rulings in cases.

One of Paul Minor's attorneys, Joe Holloman, says Minor did nothing wrong when he contributed to judges campaigns and socialized with them while still expecting an impartial ruling on the merits of cases they heard.

"The crux of the motion which speaks for itself is that Mr. Minor was treated very differently from others who engaged in similar conduct. We argue that it's selective prosecution and we ask the court to dismiss the indictment," Holloman said.

One of the others Holloman refers to, according to the motion, is Pascagoula attorney Dickie Scruggs. Scruggs and his wife have donated hundreds of thousands of dollars to the Republican party. Minor says Scruggs' strong ties to the Republicans makes him quote virtually untouchable.

Minor also questions former Attorney General Mike Moore's relationship with Scruggs. Scruggs gave money to Moore in his 1999 campaign, and Moore picked Scruggs to lead Mississippi's battle against big tobacco.

Minor says Moore correctly distanced himself when the feds began investigation judicial misconduct. But Minor points out that Moore drove Scruggs to the federal courthouse last year testify before the grand jury investigator minor. Minor says, that implies Moore gave Scruggs special treatment.

Moore says this is a federal case with no state charges involved, and Moore says he can't imagine what kind of treatment he would have given Scruggs.

Scruggs is out of the country, but his New York publicist issued this statement: "Mr. Scruggs is not responsible for Mr. Minor's actions or the allegations against Mr. Minor. Nor has Mr. Scruggs sought or received special treatment."

U.S. Attorney Dunn Lampton says it is not proper to dicuss the case except in court. He says he will file a response to Paul Minor's motion within the next ten days.

All five defendants are set to stand trial March first. Lampton says he doesn't know if this latest legal move will delay that.

by Marcia Hill

 

STEVEN A. McCALEB
COMMENTARY
MY OPINION