‘We just have to get it done.’ Attorneys fight for motions in suspended Columbus DA trial
Attorneys in the impending trial of suspended Columbus District Attorney Mark Jones faced off Thursday afternoon in a hearing on pretrial motions.
Jones was indicted Sept. 7 on nine felony charges alleging he tried to influence witnesses, to persuade a detective to commit perjury, and to bribe staff prosecutors by offering them $1,000 to win convictions in murder cases.
Jones’ trial is to begin Nov. 8.
One of the motions would disqualify Jones’ attorney Christopher Breault, who is named in evidence Deputy Attorney General John Fowler says he wants to introduce.
Fowler cited Breault’s Facebook messages with a witness in a murder case as indicative of Jones’ questionable conduct, alleging Breault was acting on Jones’ behalf, but did not tell the witness that.
The prosecutor first cited Breault’s contacting the witness in a motion filed Oct. 6, when Jones still was acting as his own attorney. Breault began representing Jones at Jones’ arraignment on Oct. 12.
Breault also represented Jones in a September trial on felony charges Jones damaged the Columbus Civic Center parking lot while filming a 2020 campaign video. That ended in a mistrial.
Among other evidence Fowler has asked visiting Judge Katherine Lumsden to allow is a police body-camera recording of Jones talking to officers outside a Broadway bar called The Hooch, where he’s accused of trying to influence a detective’s testimony in a homicide case.
Gov. Brian Kemp suspended Jones from office on Oct. 4, acting on the recommendation of a review commission that said Jones’ indictment adversely affected the district attorney’s office and the public interest.
Here are Thursday’s live updates out of court.
Will defense witnesses testify?
3 p.m., the hearing begins: Breault has subpoenaed witnesses in the hope of questioning them under oath, but Fowler has moved to quash those court summons. The witnesses include:
- Police Cpl. Sherman Hayes, the officer whose testimony Jones allegedly tried to influence in a fatal shooting police found to be accidental.
- Alessandro Raimondo, the public defender currently representing Andrew Loyd, the witness Breault contacted via Facebook.
- Sheneka Terry, now the acting district attorney, whom Jones is accused of bribing when she was chief assistant district attorney.
- Kim Schwartz, the other prosecutor Jones allegedly tried to bribe.
Fowler has argued Breault waited too long to summon those witnesses, citing a Georgia law that says a subpoena must be served 24 hours in advance, and Breault’s were served around 4:30 p.m. Wednesday.
Breault said he will object to the hearing if his witnesses cannot be called, and ask that it be postponed, as it involves the issue of whether he may continue to represent Jones.
Lumsden said Breault should have anticipated Fowler’s move for his disqualification, as he was named in the prosecution’s evidence before he began representing Jones.
Breault replied that Lumsden has emailed that he will be disqualified if the evidence naming him is admitted at Jones’ trial. Lumsden said her message “was simply a heads up” that Breault’s representation is a potential issue.
3:12: Lumsden noted that Breault was named in the evidence 14 days ago, so he should have had ample time to subpoena witnesses, since he took Jones’ case on Oct. 12.
Breault argued the court is threatening to deprive Jones of his constitutional right to a lawyer of his choosing, and the issue deserves to be fully explored. Breault invoked the rule of sequestration, so all witnesses left the courtroom.
“We’re not going to call all the state’s witnesses and try the case today,” Lumsden told Breault. Breault said he also wants to play the body-cam footage related to Hayes’ encounter with Jones outside The Hooch.
Lumsden granted the prosecution’s motion to quash Hayes’ subpoena. The only purpose in playing the body camera footage would be to show it to reporters in the courtroom, she said.
“There’s nothing that’s a surprise here,” Lumsden told Breault when he complained he was only recently made aware of some prosecution evidence.
3:27: “OK, I’m going to quash the subpoenas now,” Lumsden said of the defense summons.
3:30: Fowler described Jones’ encounter with police outside The Hooch, saying it’s obvious Jones is not sober. Jones started talking to Hayes about the fatal shooting Hayes found to be accidental, and said he was upset because the involuntary manslaughter charge had a sentence range of only one to 10 years in prison. Jones told Hayes the suspect had a motive for the shooting and said, “You should testify to that,” Fowler told Lumsden.
Fowler described an exchange between Jones and DA investigator Jeff Carter regarding Loyd, a witness in the fatal shooting of Richard Collier, for which a suspect named Drevon Johnson was tried before a mistrial. Jones told Carter he wanted Loyd named as a murder suspect so Loyd could be arrested. Carter refused.
Fowler said Breault subsequently contacted Loyd on Facebook, acting on Jones’ behalf. Carter reported his exchange with Jones to Terry, then the chief assistant DA, Fowler said. This series of events is evidence of Jones’ conduct in pursuing murder cases, “trying to get people to testify to things that aren’t true,” he said.
3:40: “God forbid he try to convict murderers,” Breault said of Jones. Regarding his Facebook exchange with Loyd, he said he asked the witness only to come to court and tell the truth. Said Lumsden: “That’s what a material witness warrant is for.” (Judge Ron Mullins issued a material witness warrant for Loyd after the mistrial, and Loyd was arrested in August.)
3:48: Breault’s acting as the DA’s “buddy” to get Loyd to hire him via Facebook messaging would be “a problem,” Lumsden told Breault, referring to his offering to represent Loyd. Breault had asked what was wrong with his trying to get Loyd to testify. “I don’t know how we parse out your role in that,” Lumsden later added. Breault claimed Loyd asked for his representation first.
4:00: Lumsden said she does not need to hear testimony from Loyd or Raimondo. “Mr. Breault, you are perilously close to being disrespectful,” she told Breault in regard to his interrupting her and saying she had a “smirk” as he argued.
4:06: “All these messages go to motive,” Fowler said of the Loyd matter, reiterating that it is evidence of Jones’ unethical conduct. Lumsden told the attorneys to move on to the next issue. She said she will not issue a ruling on the motions today. She afterward expects to be traveling until Nov. 1, she said.
4:12: Fowler moved on to a motion involving the cold-case homicide of Columbus auto shop owner Kirby Smith, featured on a true-crime drama called “Cold Justice.” In that case, the district attorney’s office failed to share evidence with the defense, which asked that the case be dismissed. This preceded Jones’ taking office in January, but when he also failed to supply the evidence and faced a dismissal, he reacted by saying he would seek the death penalty, and the suspects’ attorneys were not qualified to handle a capital case. Judge Gil McBride found that Jones acted vindictively, and Fowler said this also is evidence of Jones’ unethical conduct.
Breault said that as district attorney, Jones was within his authority to seek the death penalty in the Kirby Smith case.
4:25: Fowler moved on to another motion that he said provides the context for Jones’ July encounter with police outside The Hooch. Fowler’s motion said the bar bouncer told police that Jones refused to show his identification to enter the business, and when he was denied entry, Jones threatened to use the power of his office to shut down the bar. That’s why the officers outside had their body cameras on the night Jones approached them, Fowler said. Fowler said this proves police were not trying to set Jones up. The officers that night were off-duty, but were working part-time in uniform for the downtown Business Improvement District.
4:30: Fowler also described an incident related to Jones’ bribery charges, saying Jones joined a meeting between Schwartz and a homicide victim’s family, and there told Schwartz he’d pay her a bonus of $1,000 for a conviction. Breault asked what’s wrong with that, and Lumsden said it’s illegal. “You cannot pay your employees by conviction,” she said. “The law is very clear.... It’s prohibited by state statute, Mr. Breault.” Breault asked Lumsden to cite the specific code section, and she said the court would provide that later.
4:35: Fowler has asked that Breault be prohibited from telling jurors Jones has been suspended from office. Breault argued that he is allowed to fully cross-examine witnesses in the case, and may question Terry’s benefiting from Jones’ suspension because she has taken his place in leading the DA’s office.
4:45: Fowler asked also that Breault be prohibited from telling jurors about Jones’ mistrial for allegedly damaging the civic center parking lot. Breault has alleged a conspiracy in Jones’ prosecution in that case. Some of the investigators in that case were involved in Jones’ misconduct probe, so they may have a bias, Breault said. “Not happening,” Lumsden said when Breault said the prosecutor in the civic center case should be called to testify.
4:50: Fowler moved to prohibit Breault from telling jurors that Jones has been targeted for politically motivated “selective prosecution.” Said Breault: “We’re allowed to make that defense.”
Breault argued jurors should hear that Jones will lose his position if convicted, saying Jones’ prosecution is aimed at removing a Democrat from office so Republican state leaders can replace him by appointment. Lumsden said jurors typically don’t hear whether a defendant will lose a job or face a specific prison sentence if convicted, because they are supposed to decide solely on the evidence of a crime, not the possible consequences.
5:03: Fowler asked that Jones’ bond conditions be modified so he’s prohibited from using illegal drugs or contacting any witnesses in the case. Lumsden agreed.
5:11: Lumsden said she wants the attorneys to tell her what questions they plan to ask during jury selection, because she doesn’t want repeated objections to delay the process. They will question potential jurors in panels of 15, she said. If any one juror’s answer risks prejudicing the entire panel, that juror will be questioned individually, she said.
5:15: As the hearing neared its end, Lumsden said she hopes to issue rulings on these motions by the end of business Friday. She will “start on it in the morning, first thing,” she said. Fowler said he expects that during the trial, he can present his evidence in a week’s time. Lumsden said each trial day may go 9 a.m. to 6 p.m., and may have to include the Veterans Day holiday. “We just have to get it done,” she said.
This story was originally published October 21, 2021 at 3:01 PM.