Pubdate: Wed, 18 Oct 2006
Source: Clarion-Ledger, The (MS)
Copyright: 2006 The Clarion-Ledger
Contact:  http://www.clarionledger.com/
Details: http://www.mapinc.org/media/805
Author: Kathleen Baydala, Chris Joyner
Note: MAP archives articles exactly as published, except that our 
editors may redact the names and addresses of accused persons who 
have not been convicted of a crime, if those named are not otherwise 
public figures or officials

OFFICIALS CAN'T CALL DUPLEX 'DRUG HOUSE'

Owner Also Forbidden From Providing 'Harassing' Information

Jackson officials are prohibited from referring to a  Virden Addition 
duplex the mayor allegedly damaged as a  crack house, Hinds County 
Circuit Judge Tomie T. Green  ruled Tuesday.

"Unfettered use of the terms 'drug house,' 'crack  house,' 'dope 
house' or 'drug distribution center'  publicly and before the media 
has the effect of  unfairly swaying the opinions of potential jurors 
who  may be called upon to try the issue in related  litigation," 
Green wrote in her ruling.

The City Council was briefed on the ruling Tuesday  night, and during 
the council meeting, Ward 3  Councilman Kenneth Stokes drew laughter 
when he asked  rhetorically, "Can we call it a church?"

The judge also stated city officials failed to notify  the duplex's 
owner or provide sufficient documentation  of any alleged drug 
activity during last week's  hearing.

Green's order applies to the mayor, City Council  members and the 
police chief. It also states the  duplex's owner and her attorney are 
prohibited from  publicly providing information that is "derogatory, 
embarrassing or harassing" toward city officials.

Mayor Frank Melton and his two police bodyguards were  indicted on 
felony charges last month stemming from  allegations they 
participated in damaging the duplex in  late August. The mayor and 
some members of the City  Council and Police Department called the 
property at [address redacted] a drug house.

Dennis Sweet, attorney for duplex owner Jennifer  Sutton, said he did 
not have a comment about the order  because he had not read it. Sweet 
filed a notice to sue  the city last month, stating Sutton was 
seeking financial compensation for the damage done to her  rental 
property, lost income and personal suffering.

City Attorney Sarah O'Reilly-Evans said the ruling is  consistent 
with what the city expected.

"The City Council and the mayor have authorized us to  appeal it to 
ensure we protect the rights of the City  Council and its 2,200 city 
employees."

Pieter Teeuwissen, special assistant to the city  attorney, said last 
week that the city would extend an  offer to Sweet to repair the 
duplex and bring it up to  city housing standards.

Sweet said Sutton will not accept the city's settlement  offer, which 
he said he interprets as indicating the  city will seek to condemn 
the duplex if his client does  not accept the offer.

"It's not an offer. It's really a threat," Sweet said.  He said the 
offer did not include how much money the  city was willing to spend 
or details about the  contractor or the work that would be performed.

Green has not ruled on whether Melton and his defense  team violated 
the gag order she issued in the criminal  case last month.

On Oct. 9, Melton's attorney, former Jackson Mayor Dale  Danks Jr., 
held a news conference in front of the Hinds  County Courthouse to 
announce the addition of Houston  lawyer Craig Washington to Melton's 
legal defense team.  At the news conference, Washington said he was 
aware of  the gag order and said he looked forward to the trial 
where, in his words, justice would "roll like a mighty  river."

The news conference was attended by most of the city's  department 
heads, including Police Chief Shirlene  Anderson. At the time, Green 
said she had "grave  concerns" about the news conference, and the 
spectacle  provoked a call from Hinds County District Attorney  Faye 
Peterson for Green to punish the defense team.

In a motion calling for sanctions filed last week, the  district 
attorney's office also took issue with an  interview Melton granted 
the day before to WAPT-Channel  16.

"Press conferences, media statements and appearances of  the chief of 
police are an attempt to taint the jury.  In fact, the press 
conference was held while potential  jurors were attempting to enter 
the courthouse," wrote  Assistant District Attorney Dewey Arthur, who 
authored  the motion from Peterson's office. "The only reason 
to  have the chief of police appear is to provide the  defense with 
the appearance of law and authority."

In an order filed Tuesday, Green reserved judgment on  whether Melton 
or his lawyers defied the gag order, but  she ordered Danks to 
respond to the charges. In a  response filed Tuesday, Danks denied 
any violation of  the order.

In response to Green's latest order, Danks said it  "conforms with 
what transpired" in a Monday meeting  between Green and the lawyers.

"Other than that, no comment," he said.
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MAP posted-by: Elaine