Thursday, February 15, 2018

D.A. appeals suspect's release to Supremes in Fortification Street murder case

Hinds County District Attorney Robert Shuler Smith asked the Mississippi Supreme Court yesterday to order Hinds County Senior Circuit Judge Tomie Green to hold a hearing on the release of Nicholas Coats.  Nicholas Coats was arrested and charged with the murder of Chelsie Kirschten on Fortification Street in October.  County Court Judge William Skinner denied bond for Coats but ordered him to be released if he was not indicted within 90 days.  Coats was released from the Raymond Detention Center on January 10.


 The D.A. submitted a petition for a writ of mandamus yesterday.  The petition states that Coats was released without any notice to the D.A. or Judge Skinner in violation of the rules of criminal procedure. Rule 8.5(c) is cited and requires the Senior Circuit Judge to review the "conditions of release for every felony defendant who is eligible for bail and has been in jail for more than 90 days."    The petition also states that a prosecutor is supposed to be present when the review occurs so any necessary objections can be made.

  Coats and Lidarius Dixon were charged with murder in the death of Chelsie Kirschten. The 23 year-old waitress was killed on  August 17 when she was stopped at the intersection of Fortification Street and North State Street. Jushun "Red" Paige was charged with accessory after the fact - murder.  None of the defendants have been indicted.  Paige and Dixon are being held without bond although Paige asked to be released as well.  Coats was released from prison one month prior to the murder after serving a short sentence for carjacking. 


The petition accuses Judge Green of violating her own order.  Indeed, Judge Green's 2013 order for bond review of unindicted  detainees states:

 IT IS HEREBY ORDERED AND ADJUDGED that when an accused  is arrested on a felony charge, and  is  held without bond or fails and is ,unable to make bail his/her case  shall be presented for indictment before a Hinds County grand jury  within ninety (90) days of his date of incarceration. Should the prosecutor fail to present said accused's case to the grand jury for indictment  within the ninety (90) day time frame, then the Prosecutor shall appear at a bond review hearing before the senior circuit judge to show good cause why the accused should remain incarcerated., without indictment having been issued.  Any indigent accused shall be represented by the Public Defender of Hinds County. (P.20 in file posted below)
The D.A. states that Judge Green has refused to rule on his motions to revoke bond for Nicholas Coats.  She told Mr. McNamara in a February 7 email after he requested a hearing:

The court cannot address this matter as filed or under Rule 8.Sc.   You may consider recalling the grand jury ASAP and presenting the case for indictment. Once the  case is indicted, a circuit judge will be assigned.  You  can then request that the circuit judge review or reconsider Coats release. (P.18)

The grand jury is not scheduled to meet again until April 10.*

*Think about that one.  The grand jury in Hinds County only meets every three months or so.   The schedule is set by the Senior Circuit Judge.

Kingfish note: This site is no fan of the D.A. but nice job on fighting for this case and taking it to the Supreme Court.  

Earlier posts
Victim's mom slams Hinds County criminal justice system 
3rd man arrested in Fortification Street murder seeks bond.  
D.A. tries to put accused Fortification Street killer back in jail.  
No indictment, no jail. Accused Fortification Street killer goes free.  
Accused Fortification Street killers denied bond.  
Arrest made in Fortification Street murder. JPD seeking suspect.  
Passenger in Fortification Street victim's car was busted for coke in July.  
Fortification Street murder reward increased to $5,000.  
No comment.  
Young woman murdered on Fortification Street.  




14 comments:

Anonymous said...

Don't look now, but he's actually "litigating"

Anonymous said...

The grand jury meets every 90 days. A criminal is released after spending 90 days behind bars.
Sounds like they are cutting it pretty close there.

Anonymous said...

What we need is more 'solutions journalism' and more spin terms like solutions journalism and more 'journalists' who truly believe they are experts.

Anonymous said...

or, and i'm just spitballing here, call the grand jury.

Anonymous said...

The cons of recalling the grand jury would take away their ability to grandstand. The pros of recalling the grand jury is they could indict all of the codefendants and other outstanding cases to actually move cases along.

Anonymous said...

Or, as they have done, take it to the Supreme Court (judicial protocol) because a senior court judge is REFUSING to do her job. The question should be at this point is why won't she?

Anonymous said...

I say make her follow the law! She has a long history of doing whatever she wants to do. The DA's Office shouldn't have to call a GJ in order to appease her. I'm sure this happens more oft, than not. What are you gonna do? Call a Grand Jury everytime she allows someone to be released without giving the prosecutor an opportunity to be heard? Nah...hold to her accountable under the law. Hold her accountable by her OWN order!

Anonymous said...

with respect to the portion of the article that says "greene refuses to rule on the DAs motion to revoke bond", i find that to be very believable. greene is inaccessible . no one in her office even answers the telephone. you get a recorded message saying to leave a message, and we will decide whether or not your call is worthy of being returned. dont take my word for it. call her office and listen to it for yourself.

Anonymous said...

KF, you are incorrect regarding how often the grand jury meets. While the next grand jury is scheduled to meet in April, after that the grand jury meets in May, June, July, September, October and December. So other than the break between January and April, the grand jury meets almost monthly in the First District of Hinds County.

Kingfish said...

Thanks. Was trying to find out yesterday. Rankin and Madison meet monthly. Couldn't get an answer in Hinds County.

Anonymous said...

Judge Green does whatever she wants with little judicial oversight because she is so blatantly pro-defense. This is because in criminal proceedings, the State can only appeal on a narrow list of things and of course, can not appeal trials that result in acquittals. Thus, she can run rough shod over the state with impunity. For instance, she often tells prosecutors which witnesses they can and cannot call.

People often talk about the number of reversal Judge Weill has had compared to other judges in Hinds county. What is not considered is the great difference in the number of convictions in his court compared to Green. Green rarely has cases reviewed by the Supreme Court because, on the rare occasion a criminal trial occurs in her court, the result is usually acquittal.

Anonymous said...

Look at Rule 8.5(c), the Rule cited by the DA. It requires the person having custody of the defendant to notify the DA and Circuit Court judge of persons in custody for 90 days with no action, not for the Circuit Court judge to notify the DA, which is what the DA is arguing. How much do you want to bet the person having custody of the defendant sent the information to both the DA and Judge Green, and the DA just completely dropped the ball. And now, instead of quickly calling a grand jury to do his job, he's wanting to scream and cry and point to non-existent language in a rule and blame it on Judge Green.

Anonymous said...

Please post the rule in its entirety. It most definitely requires a review by the circuit court judge for EVERY defendant, before being released.
Green never did that.
Or did she??? If she did, that would mean she is responsible for Coat's release.

Anonymous said...

Check supreme website. They just entered an Order saying Judge Green acted within the rules and it was Robert Smith who failed to do his job.



Recent Comments

Search Jackson Jambalaya

Subscribe to JJ's Youtube channel

Archives

Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.


Note: Security provided by INS.

Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS
.