Pubdate: Tue, 26 Aug 2003
Source: Enterprise-Journal, The (MS)
Copyright: 2003 The Enterprise-Journal
Contact:  http://www.enterprise-journal.com/
Details: http://www.mapinc.org/media/917
Source: Enterprise-Journal (MS)
Author: Associated Press

RESTRAINING ORDER SOUGHT AGAINST MBN CHIEF

JACKSON (AP) - An attorney who claims she is being harassed by state Bureau of
Narcotics Director Frank Melton for representing an alleged gang member wants
federal court protection from arrest, court documents show.

Melton has publicly said he planned to arrest a Jackson attorney in connection
with the recent drug-related gang arrests. On Monday, he declined to say
whether Cynthia Stewart was that lawyer or on what charges the lawyer would be
arrested.

Stewart filed her motion last Thursday in U.S. District Judge William Barbour's
court. In the motion, Stewart says Melton is using the threat of arrest to
harass and intimidate her and interfere with her representing Marcell Martin.

Stewart "is facing irreparable harm from the threat of imminent arrest,
business interruptions and damages to her reputation and good will," according
to the motion.

Barbour has ordered a hearing on the motion for Friday.

"None of the other people we put in jail had a restraining order," Melton said
in an interview with The Associated Press. "It seems like the rules change when
you get to a certain level."

Messages left at Stewart's office Monday were not returned.

Martin, 27, was one of 15 people recently arrested by narcotics agents for
allegedly running a drug operation in downtown Jackson. He was charged with
cocaine distribution and being a convicted felon in possession of a firearm.

Melton said the lawyer he was targeting took the statement of a man who had
been kidnapped and beaten by alleged gang members who were attempting to force
him to claim weapons seized in the arrests.

Melton said the man was in protective custody.

In a sworn affidavit dated Aug. 19, Stewart said she took statements from three
witnesses after the arrests, one of whom answered questions concerning seized
firearms. She said her activities were under the normal practice of the law.

MBN agents during the arrests seized two .357 Magnum handguns, a .32-caliber
revolver, two SKS assault rifles, a .308-caliber rifle, marijuana and several
rounds of ammunition, according to the search warrant.
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