Criminal Justice

Mississippi DA is arrested for allegedly aiding criminal defendants

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A Mississippi district attorney was arrested on misdemeanor charges on Wednesday for allegedly giving help to two criminal defendants despite his position as a prosecutor.

Hinds County District Attorney Robert Shuler Smith was charged after a joint investigation by the Mississippi Attorney General’s office and the FBI, the Jackson Clarion-Ledger, the Jackson Free Press and Mississippi News Now report. WTVA posted a press release, and the Jackson Free Press posted an affidavit (PDF) outlining the allegations.

Five of the six counts relate to Smith’s alleged assistance to Christopher Butler, who was charged with embezzlement, wire fraud and possession of marijuana. The affidavit alleges Smith met with Butler’s family and tried to retain defense counsel for Butler, gave Butler’s then-lawyer a letter advising how he could attack the state’s case against Butler, met with Butler twice at the county jail outside the presence of Butler’s lawyer, and used the power of a grand jury to pressure a judge to dismiss the drug charge against Butler.

The affidavit alleges Smith also helped a defendant charged with aggravated assault and domestic violence by giving the defense lawyer emails between the state, the district attorney and the court regarding sealed materials. The defense lawyer filed a motion this month alleging improper ex parte communication between the court and attorney general’s office, according to the Clarion-Ledger.

Smith previously told the Clarion-Ledger there is a dispute between attorney general employees and his office that involves the Butler case, and he had tried to have the marijuana charge dismissed. Smith said video that showed evidence was planted.

If Smith is convicted, he could be removed from office, according to the attorney general’s press release. He is accused of violating a law that says the attorney general and district attorneys shall not “consult, advise, counsel or defend” a person charged with a crime

Updated July 7 to correct references to Robert Smith.

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