OFFICIALS CAN'T CALL DUPLEX 'DRUG HOUSE'

Owner Also Forbidden From Providing 'Harassing' Information

Jackson officials are prohibited from referring to a Virden Addition
duplex the mayor allegedly damaged as a crack house, Hinds County
Circuit Judge Tomie T. Green ruled Tuesday.

"Unfettered use of the terms 'drug house,' 'crack house,' 'dope
house' or 'drug distribution center' publicly and before the media
has the effect of unfairly swaying the opinions of potential jurors
who may be called upon to try the issue in related litigation,"
Green wrote in her ruling.

The City Council was briefed on the ruling Tuesday night, and during
the council meeting, Ward 3 Councilman Kenneth Stokes drew laughter
when he asked rhetorically, "Can we call it a church?"

The judge also stated city officials failed to notify the duplex's
owner or provide sufficient documentation of any alleged drug
activity during last week's hearing.

Green's order applies to the mayor, City Council members and the
police chief. It also states the duplex's owner and her attorney are
prohibited from publicly providing information that is "derogatory,
embarrassing or harassing" toward city officials.

Mayor Frank Melton and his two police bodyguards were indicted on
felony charges last month stemming from allegations they
participated in damaging the duplex in late August. The mayor and
some members of the City Council and Police Department called the
property at [address redacted] a drug house.

Dennis Sweet, attorney for duplex owner Jennifer Sutton, said he did
not have a comment about the order because he had not read it. Sweet
filed a notice to sue the city last month, stating Sutton was
seeking financial compensation for the damage done to her rental
property, lost income and personal suffering.

City Attorney Sarah O'Reilly-Evans said the ruling is consistent
with what the city expected.

"The City Council and the mayor have authorized us to appeal it to
ensure we protect the rights of the City Council and its 2,200 city
employees."

Pieter Teeuwissen, special assistant to the city attorney, said last
week that the city would extend an offer to Sweet to repair the
duplex and bring it up to city housing standards.

Sweet said Sutton will not accept the city's settlement offer, which
he said he interprets as indicating the city will seek to condemn
the duplex if his client does not accept the offer.

"It's not an offer. It's really a threat," Sweet said. He said the
offer did not include how much money the city was willing to spend
or details about the contractor or the work that would be performed.

Green has not ruled on whether Melton and his defense team violated
the gag order she issued in the criminal case last month.

On Oct. 9, Melton's attorney, former Jackson Mayor Dale Danks Jr.,
held a news conference in front of the Hinds County Courthouse to
announce the addition of Houston lawyer Craig Washington to Melton's
legal defense team. At the news conference, Washington said he was
aware of the gag order and said he looked forward to the trial
where, in his words, justice would "roll like a mighty river."

The news conference was attended by most of the city's department
heads, including Police Chief Shirlene Anderson. At the time, Green
said she had "grave concerns" about the news conference, and the
spectacle provoked a call from Hinds County District Attorney Faye
Peterson for Green to punish the defense team.

In a motion calling for sanctions filed last week, the district
attorney's office also took issue with an interview Melton granted
the day before to WAPT-Channel 16.

"Press conferences, media statements and appearances of the chief of
police are an attempt to taint the jury. In fact, the press
conference was held while potential jurors were attempting to enter
the courthouse," wrote Assistant District Attorney Dewey Arthur, who
authored the motion from Peterson's office. "The only reason
to have the chief of police appear is to provide the defense with
the appearance of law and authority."

In an order filed Tuesday, Green reserved judgment on whether Melton
or his lawyers defied the gag order, but she ordered Danks to
respond to the charges. In a response filed Tuesday, Danks denied
any violation of the order.

In response to Green's latest order, Danks said it "conforms with
what transpired" in a Monday meeting between Green and the lawyers.

"Other than that, no comment," he said.