Mistrial in Melton case
24-Feb-2009
(Brian Albert Broom/The Clarion-Ledger)
Discussions to begin on setting new trial date
Prosecutors and defense attorneys will talk Monday on the next steps, but for now Mayor Frank Melton is free after a jury deadlocked in his federal civil rights trial.
"It was rough," said one juror, who only identified herself as Martha from Hattiesburg. "The hardest thing was just knowing that we couldn't come up with a decision. We were trying to do the best we could do."
The jury sent its last note to U.S. District Court Dan Jordan shortly after 10 a.m. Forty-five minutes later, Jordan asked if they were sure they could not reach a decision.
"Has the jury been able to reach a unanimous verdict on either defendant?" he asked the foreman.
"No, your honor," the foreman said.
Prosecutor Mark Blumberg said he, defense attorneys and the judge will discuss in a conference call Monday setting a date for a new trial. Jordan reminded the parties his gag order remained in place and urged them to reread his orders on pre-trial publicity.
"There has been a substantial amount of media attention, even before the (trial)," he said. He said he would like to preserve the pool of potential jurors in the district "to the extent possible."
The declaration of a mistrial means Melton and his former police bodyguard Michael Recio still face the same charges and remain free on bond. In July, a federal grand jury indicted Melton, 59, and Recio, 39, on two federal civil rights charges related to their role in an Aug. 26, 2006, warrantless raid on a Ridgeway Street duplex Melton said was a "crack house." They also face a third weapons charge.
If convicted on all charges they would spend between five and 25 years in prison. Melton also would be forced from office and Recio from the Jackson Police Department if they are convicted on any of the three charges.
For the mayor's supporters, those charges seemed temporarily forgotten as they celebrated the hung jury.
"We've got new life, new life," one supporter said, clasping Melton around the neck.
For his part, Melton showed no emotion as he was hustled to a waiting car. His attorney, John Reeves, entertained questions from the gathered press, but said little, citing the gag order.
Stephanie Parker-Weaver, a city employee and Melton supporter, spent much of the trial and subsequent jury deliberations in and around the courtroom. She was upbeat about the lack of a verdict and brushed away concerns about a new trial.
"We’ll just wait to see," she said. "I’m just glad that what has happened today has happened."
Trial started Feb. 2 with a week of jury selection. Prosecutors spent from Feb. 9 through Feb. 12 on their case and the defense case was wrapped up by midday on Feb. 18.
Jurors had deliberated off and on since closing arguments last Wednesday. Signs of trouble were evident by Thursday when the jury announced it had reached an impasse.
Jordan order the jury to resume deliberations in an attempt to break the stalemate. In the days that followed, jurors sent notes to Jordan asking for testimony and legal definitions, but they appeared no closer to a verdict.
This is the second time Melton and Recio have escaped a criminal conviction for their roles in the Ridgeway Street episode. In April 2007, they and former bodyguard Marcus Wright were declared innocent of state charges.
"It was rough," said one juror, who only identified herself as Martha from Hattiesburg. "The hardest thing was just knowing that we couldn't come up with a decision. We were trying to do the best we could do."
The jury sent its last note to U.S. District Court Dan Jordan shortly after 10 a.m. Forty-five minutes later, Jordan asked if they were sure they could not reach a decision.
"Has the jury been able to reach a unanimous verdict on either defendant?" he asked the foreman.
"No, your honor," the foreman said.
Prosecutor Mark Blumberg said he, defense attorneys and the judge will discuss in a conference call Monday setting a date for a new trial. Jordan reminded the parties his gag order remained in place and urged them to reread his orders on pre-trial publicity.
"There has been a substantial amount of media attention, even before the (trial)," he said. He said he would like to preserve the pool of potential jurors in the district "to the extent possible."
The declaration of a mistrial means Melton and his former police bodyguard Michael Recio still face the same charges and remain free on bond. In July, a federal grand jury indicted Melton, 59, and Recio, 39, on two federal civil rights charges related to their role in an Aug. 26, 2006, warrantless raid on a Ridgeway Street duplex Melton said was a "crack house." They also face a third weapons charge.
If convicted on all charges they would spend between five and 25 years in prison. Melton also would be forced from office and Recio from the Jackson Police Department if they are convicted on any of the three charges.
For the mayor's supporters, those charges seemed temporarily forgotten as they celebrated the hung jury.
"We've got new life, new life," one supporter said, clasping Melton around the neck.
For his part, Melton showed no emotion as he was hustled to a waiting car. His attorney, John Reeves, entertained questions from the gathered press, but said little, citing the gag order.
Stephanie Parker-Weaver, a city employee and Melton supporter, spent much of the trial and subsequent jury deliberations in and around the courtroom. She was upbeat about the lack of a verdict and brushed away concerns about a new trial.
"We’ll just wait to see," she said. "I’m just glad that what has happened today has happened."
Trial started Feb. 2 with a week of jury selection. Prosecutors spent from Feb. 9 through Feb. 12 on their case and the defense case was wrapped up by midday on Feb. 18.
Jurors had deliberated off and on since closing arguments last Wednesday. Signs of trouble were evident by Thursday when the jury announced it had reached an impasse.
Jordan order the jury to resume deliberations in an attempt to break the stalemate. In the days that followed, jurors sent notes to Jordan asking for testimony and legal definitions, but they appeared no closer to a verdict.
This is the second time Melton and Recio have escaped a criminal conviction for their roles in the Ridgeway Street episode. In April 2007, they and former bodyguard Marcus Wright were declared innocent of state charges.
Chris Joyner • Clarion Ledger Staff Writers • February 24, 2009