MELTON: TERM 'CRACK HOUSE' UNACCEPTABLE?

U.S. District Judge Dan Jordan has ruled that Mayor Frank Melton
can't use the term "crack house" during his upcoming federal civil
rights trial in describing alleged illegal drug activity at the
duplex on Ridgeway Street that has been the center of his legal woes
for more than two years.

That ruling leads one to wonder just how Melton should refer to the
former residence in mounting his defense. What should he call it? A
fixer-upper? The House on Pooh Corner? Little House on the Prairie?

Melton, and his former police bodyguards Marcus Wright and Michael
Recio beat state charges in 2007 related to the raid using a defense
that largely rested on characterizing the house as a drug haven.

But a federal grand jury in July indicted the trio on three
additional federal criminal counts related to that raid.

The indictment accuses Melton of leading a group of young men in a
sledgehammer attack on the duplex while Wright and Recio stood guard
and kept neighbors at bay.

The indictment also alleged Wright used his police-issued sidearm to
force the duplex's occupant, Evans Welch, from the house.

Wright pleaded guilty to a misdemeanor charge in October in exchange
for his agreement to testify against Melton and Recio. Wright is
expected to testify that he and the other two men were aware they
were violating the law and that Melton had been drinking alcohol
prior to the incident.

Federal prosecutors fought to keep out any reference to drug sales
in or around the house in an attempt to keep the trial focused on
the civil rights charges facing Melton and Recio.

But Jordan gave Melton and Recio a narrow window to introduce
evidence of illegal drug use and sales at the duplex, as long as
they can prove they knew about it when they raided the house on Aug.
26, 2006. Melton's attorney, John Reeves, argued a jury must decide
whether Melton had an "evil motive" in raiding the duplex and that
Melton should be allowed to enter a history of drug activity at the
house to demonstrate his intent.

Melton and Recio are accused of violating the constitutional rights
of Welch and duplex owner Jennifer Sutton to be free of unreasonable
search and seizure and of violating those rights under color
of law. They also are charged with possessing a handgun while
committing a crime of violence.

It is difficult to imagine how Melton can effectively present a
defense of his actions without the ability to characterize the
residence as a "crack house." But what's lost on many, including
apparently Melton, is the fact that even the owners of houses where
drug activity is believed to be occurring have constitutional rights.

Neither trained and certified law enforcement officers (which Melton
is not) nor tin-horn politicians who like to play dress-up as
policemen (which Melton is) can arbitrarily dispense with the duty
to recognize those civil rights.

Melton will have a chance to present his case in court. But the
damage to this city has already been done and continues to be done
by the mayor's continued legal entanglements.

Melton should resign as Jackson's mayor - and turn his full
attention to the serious federal charges against him.