Mississippi Criminal Defense Attorney Curt Crowley
I previously reported that Holmes County Circuit Judge Jannie Lewis had dismissed the ticket-fixing extortion case against Mississippi Highway Patrol Trooper Sgt. Johnny Delaney. District Attorney James Powell is apparently making good on his vow to appeal Judge Lewis’ ruling. According to The Clarion-Ledger,
Holmes County District Attorney James Powell said he will appeal the dismissal of charges against a Mississippi Highway Patrol trooper.
“I’m working on my notice of appeal right now,” Powell told the Greenwood Commonwealth newspaper.
Johnny Delaney, 53, of Cruger was indicted in December on extortion charges in connection with a Sept. 30, 2008, incident involving a Holmes County man. Delaney, who has worked for the patrol for more than 20 years, was accused of taking money in exchange for dismissing tickets.
Last week, Holmes County Circuit Judge Jannie Lewis tossed out the indictment.
Lewis cited state law requiring that law enforcement officers receive a probable cause hearing before indictment. No hearing was held for Delaney before his indictment.
The appeal will be to the Mississippi Supreme Court. I reviewed the MSC’s docket a moment ago, and no appeal has been filed yet.
I’ve frequently been called upon by police officers to represent them when they have been accused of misconduct. Based upon my experience, this case could have a far-reaching impact on police and other law enforcement officers who are accused of committing crimes while in the line of duty. I will continue to follow this case and post updates.
For more information about Mississippi criminal law, contact Mississippi Criminal Defense Attorney Curt Crowley.