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October 6, 2011

Was Ex-Hinds County DA Peters Corrupt while he was a Prosecutor?

edpeters.jpgIn today's Clarion Ledger, Ed Peters' grand jury testimony was discussed. Peters was the long time Hinds County District Attorney whose office prosecuted all felony crimes in the county. After retiring as a prosecutor, Peters then went into private practice. He was hired by Dickie Scruggs who had a case pending in front of Hinds County Circuit Court Judge Bobby DeLaughter, a former long time assistant under Peters. (Peters and DeLaughter are in the picture to the left).

According to Peters' sworn testimony, he visited privately with DeLaughter on several occasions to discuss Scruggs' ongoing case. Peters was trying to influence DeLaughter to find in favor of Scruggs. This type of communication with a judge, known as ex parte communication, is prohibited by court rules. Peters also testified that DeLaughter longed to be a federal judge and that former Senator Trent Lott called DeLaughter to tell him his brother-in-law Scruggs had suggested his name for a federal judge position. Even thought DeLaughter didn't get the position, he was advised that Scruggs had put his name up for consideration.

We all know the rest of the story. Scruggs and his attorneys were caught up in this judicial bribery case as well as one in LaFayette County. Several lawyers and one judge (DeLaughter) plead guilty and were sent to prison. Of course, Peters somehow avoided a conviction by cutting a deal to testify against the others, including DeLaughter, with whom he said he had a "father son relationship". Gee, thanks Dad.

I started practicing in 1994 at a time when both Peters and DeLaughter were two of the top dog prosecutors in the state. I tried my first murder case against DeLaughter in February 1995 (my client was convicted of a lesser included offense). Both Peters and DeLaughter prosecuted Byron De La Beckwith, a case which my partner Merrida Coxwell was appointed by the court to defend Beckwith. Merrida also had several other high profile cases against Peters and DeLaughter over the years. Peters and DeLaughter seemingly had a habit of hiding favorable evidence which should have been turned over to the defendants. Most of the cases were overturned for these discovery violations on appeal with Beckwith being the notable exception. (Let's face it, no elected judge was going to vote to overturn Beckwith's conviction). The Mississippi Supreme Court even scolded Peters' office for repeated discovery violations.

When the Scruggs bribery scandal broke out, my mind immediately began to think that this is not the first time this has happened in Hinds County. How many other cases, civil and criminal, have been compromised? We know that Peters and DeLaughter have been accused of running a similar scam in the Eaton v. Frisby case in which it was claimed that Eaton hired Peters to influence DeLaughter. How many other cases were there? How many criminal defendants have been denied a fair trial by similar tactics? Did Peters and/or DeLaughter have similar ex parte communications with judges when they were prosecutors? Well, we'll probably never know because the investigation into these shady tactics went no further. It's as if no one really wanted to know.

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September 30, 2011

The City of Byram, Hinds County, Mississippi


The City of Byram, MS is the newest city of Hinds County. Byram was officially incorporated in 2009 after a lengthy legal battle with the City of Jackson over annexation and incorporation. With approximately 11,500 residents, Byram rests comfortably to the south of Jackson, Mississippi. Byram has been referred to as a smaller suburb nestled to the west of the Pearl River, which ultimately feeds into the Mississippi River.
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Between 2000 and 2010 the population of Byram grew by nearly 5,000 residents as citizens of Jackson and other surrounding communities made their way to a newly thriving area. Numerous local and national businesses make their home in Byram. The City of Byram sends its children to schools run by the Hinds County Public School District.
Byram is currently home to various small businesses, and if you have not driven through Byram in the last 6 months, you may not recognize parts of the city. Siwell Road is now the home to shopping centers, restaurants, and more neighborhoods than ever before. Byram continues its instant growth with new businesses expanding along Interstate 55, including Southpointe Drive.
The Byram Municipal Court, Byram Police Department, and other City Services are located on Southpointe Drive. The Honorable Dale Schwindaman sits as the presiding Municipal Court Judge in Byram. John Scanlon serves as the City Prosecutor. Byram has yet to appoint a public defender to the Court.
In March of 2011 Eric Brown of Coxwell & Associates had the privilege of being the first attorney to represent a criminal defendant in the Byram Municipal Court. As a member of Coxwell & Associates, Eric is just one of the attorneys there who are absolutely dedicated to the practice of law. The attorneys at Coxwell & Associates consider the practice of law as a constant career and not just a 9:00 to 5:00 job. Each of the attorneys is a resident of Mississippi, and all are devoted and interested in helping each and every client that is accepted by the firm. Coxwell & Associates is not a general law practice. Each attorney has had a diverse career and over the years each attorney has developed areas of practice. Though the attorneys at Coxwell & Associates will not accept every case, they do take the time to assist each and every person who makes contact with the office. Coxwell & Associates has a reputation of being truthful to clients, even if that truth is not what a particular client wants to hear.
From Byram the easiest way to reach Coxwell & Associates is to get on Interstate 55 North, headed North. You will come into Jackson and take the High Street Exit. High Street is one of the two exits used by most people when they come to the Mississippi Fairgrounds and the State Fair. After taking the High Street Exit go to the left and continue up the hill on High Street until you come to State Street. Turn left, and begin looking to your left after only a few hundred feet. There you will see the Historic Clifton-Burwell House, the office of Coxwell & Associates. The yard of the office is typically heavily planted with seasonal flowers and there is a black and white sign out front. As you come to the Coxwell & Associates office turn left on College Street. You will be able to park in the rear of the office. The entrance to the law firm is in the rear. Go up the steps and ring the bell. Our receptionist will allow you to enter and let the attorney know you are present for the appointment. If this is your first appointment you will be asked to fill out a brief information sheet.