NEW TRIAL DESERVED IN CASE OF SLAIN OFFICER

Cory Maye's version of an incident five years ago sounds like a
compelling argument for the Castle Doctrine, the controversial law
that gives Mississippians broader authority to defend their homes
and other property.

Maye said he was home with his 18-month-old daughter when he fell
asleep in a chair. He said he was awakened by what he believed were
intruders and, like most people, wanted to protect his home and his
family. He reached for a nearby handgun and shot Ron Jones as Jones
entered Maye's duplex.

Jones, as Maye now knows, was not a burglar. He was a Prentiss
police officer participating in a raid of Maye's apartment. Maye was
convicted of capital murder and sentenced to die by lethal injection.

The sentence was overturned last week in Pearl River County Circuit
Court, where a motion for a new trial is pending. While the Castle
Doctrine, which became effective July 1, isn't applicable in this
case, the glaring questions from Maye's trial suggest the scrutiny
is appropriate.

TRAGIC INCIDENT

Jones' death was especially tragic, as is the case with any public
servant who makes the ultimate sacrifice in the continuous battle to
make our communities safe and drug free. Jones' service is
appreciated and should be remembered. There also should be some
accountability.

The key question today is whether Maye received justice. Judge
Michael Eubanks, in overturning Maye's death sentence, ruled Maye
received inadequate representation during the sentencing phase of
his 2004 trial. His attorney from that trial has said otherwise.

Maye's new defense team, which includes lawyers from across the
country, also has argued that Rhonda Cooper, Maye's attorney, was
ineffective during the guilt phase. Cooper has raised some
legitimate questions about Eubanks' sentence, noting that the
sentencing phase proceeded immediately after the trial
phase without adequate time to prepare. Other issues in this case
appear more basic, including whether Maye knew Jones was a police
officer. Officers, after raiding the unit next door, said they
announced themselves at Maye's door and entered after hearing no
answer. Maye testified that he didn't hear the officers announce themselves.

NO CRIMINAL RECORD

Maye had no criminal record, and officers found only traces of one
marijuana cigarette inside the apartment. There also was testimony
that the front of the officers' clothing was not marked with any law
enforcement insignia.

Why would someone with no criminal history and with nothing to hide
inside his home do something that seems so out of character, like
knowingly shoot a police officer?

There also are questions about the validity of some information in
the warrant to search Maye's apartment. When coupled with other
elements, this doesn't sound like justice.

Yes. Maye fatally wounded a police officer. But in giving Maye the
benefit of the doubt about the officers' identities, a capital
murder conviction and death penalty sounds extreme.

What's clear is Maye deserves a new trial and a fresh look at the evidence.

His life is at stake. And like everyone else, he is entitled to justice.