Mississippi Today
Judge lets ex-Ole Miss student walk on attempted murder charge
A Union County judge has dismissed an attempted murder charge against a 24-year-old former Ole Miss student accused of stabbing a Tennessee man in the neck because the victim did not come to court.
Four days into the trial of New Albany resident Lane Mitchell, Judge Kent Smith dismissed the charge and entered a verbal order of acquittal, the Daily Journal reported.
As of Thursday afternoon, Smith had not issued a written order about his decision.
In 2019, then 18-year-old Mitchell was accused of stabbing Collierville resident Russell Rogers, who was unarmed, at the Tallahatchie Gourmet restaurant. In court documents and during trial, Mitchell said he stabbed Rogers because he believed Rogers had a gun and feared for the safety of his father, who was the bartender, and a female waitress.
After being indicted in 2019, Mitchell, who has high-profile political connections through U.S. Sen. Roger Wicker and U.S. Rep. Trent Kelly, was admitted to Ole Miss and attended until 2020 before withdrawing over accusations he assaulted two women on campus, Mississippi Today reported from court records filed in the case. Those Ole Miss records also were uploaded onto the court’s online case system, although they were meant to be sealed.
Mitchell went on to attend Mid-America Baptist Theological Seminary in Cordova, Tennessee, which held its graduation last week. Wicker and Kelly wrote letters of support for his application to West Point Military Academy.
The prosecution had subpoenaed records of the alleged assaults to use in trial, and the defense had asked the judge to exclude that information from trial, according to court records.
Judge Smith’s decision stems from a Tuesday motion by Mitchell’s defense team, which argued that Rogers’ failure to come to court violated Mitchell’s constitutional rights and prevented him from presenting a full defense, according to court documents.
“As part of Lane Douglas Mitchell’s defense, he has a fundamental right to question and cross examine Nathan Russell Rogers in the presence of the jury about his behavior at Tallahatchie Gourmet restaurant on February 9, 2019 which goes directly to the question of the reasonableness of Lane Douglas Mitchell’s actions and who was the initial aggressor,” according to a Tuesday court filing.
The defense also accused the prosecution and the victim’s conservator – his father, Robert Rogers – of not telling them Rogers was out of the country and likely not to come to the trial, which factored into an effort “to deprive Lane Douglas Mitchell of his constitutional, fundamental right ot a fair trial,” according to the Tuesday filing.
In response, the state said the rules of criminal procedure or state statutes don’t provide an avenue for a defendant to file a motion to dismiss in the middle of a trial, according to court documents. Prosecutors also denied the defense’s accusations.
The judge’s decision comes a day after Rogers’ conservator filed a writ of prohibition with the Mississippi Supreme Court asking that the court stay Mitchell’s trial.
In that request to the state Supreme Court, Robert Rogers cited a Tuesday court order from a Shelby County Probate Court judge quashing the defense’s certificate to take Russell Rogers into custody and bring him to the court to testify.
The judge also found Russell Rogers unfit to testify due to his mental health, according to court documents. Russell Rogers has been diagnosed with post-traumatic stress disorder arising from the attack.
On Wednesday, a three-person panel of the state Supreme Court declined to hear the conservator’s motion because he was not a party in the case, according to the order signed by Justice Leslie King.
Under double jeopardy, Mitchell cannot be prosecuted again, Judge Smith said Thursday.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1815
Jan. 8, 1815
A U.S. Army unit that included Black and Choctaw soldiers helped defeat the British in the Battle of New Orleans.
While peace negotiations to end the War of 1812 were underway, the British carried out a raid in hopes of capturing New Orleans. After the British captured a gunboat flotilla, Maj. Gen. Andrew Jackson put the city under martial law.
Despite being outnumbered, the U.S. Army force of about 2,000 (including a battalion of free Black men, mostly refugees from Santo Domingo, and up to 60 Choctaw Indians) defeated the British.
After the victory, Andrew Jackson honored these soldiers of color with a proclamation: “I invited you to share in the perils and to divide the glory of your white countrymen. I expected much from you, for I was not uninformed of those qualities which must render you so formidable to an invading foe. I knew that you could endure hunger and thirst and all the hardships of war. I knew that you loved the land of your nativity, and that, like ourselves, you had to defend all that is most dear to man – But you surpass my hopes. I have found in you, united to these qualities, that noble enthusiasm which impels to great deeds.”
Prior to the battle, Jackson had promised Black soldiers pay, acres of property and freedom to those who were enslaved. That inspired James Roberts to fight as hard as he could in the Battle of New Orleans.
“In hope of freedom,” he said, “we would run through a troop and leap over a wall.”
Although Roberts would lose a finger and suffer a serious wound to the head, the pledge proved hollow for him, just as it was in the Revolutionary War when he had been promised freedom and instead was separated from his wife and children and sold for $1,500.
The memoir he self-published in 1858 is once again available for sale.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Photos: Lawmakers gavel in for 2025 Mississippi legislative session
The Mississippi Legislature returned to the State Capitol on Tuesday for the start of the legislative session in Jackson.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Billionaire Tommy Duff forms Republican PAC as he weighs gubernatorial run
Billionaire Tommy Duff, as he considers a run for Mississippi governor in 2027, has formed a political action committee to help elect Republicans to city and legislative offices this year, likely to increase his influence as a political powerbroker.
Jordan Russell, a longtime Republican operative who has led several federal and state campaigns, is director of the PAC, which was formed in December.
Russell told Mississippi Today in a statement that Duff founded the PAC to support conservative candidates and advance policies that promote “opportunities, freedom, faith-based values and prosperity across Mississippi.”
“We are planning a significant investment in multiple races in our state to ensure strong, conservative leadership at every level of government,” Russell said.
Duff, a Hattiesburg resident and the co-wealthiest Mississippian along with his brother Jim, has been involved in state politics for decades, but mostly behind the scenes as a megadonor and philanthropist. He recently finished an eight-year stint on the state Institutions of Higher Learning Board, first appointed by former Gov. Phil Bryant.
READ MORE: Will a Mississippi billionaire run for governor in the poorest state?
He’s travelled around the state in recent months meeting with political and business leaders, potentially laying the groundwork for a gubernatorial run. Duff also appeared at last year’s Neshoba County Fair and made the rounds at the state’s premiere political gathering.
Duff and his brother turned a small, struggling company into Southern Tire Mart, the nation’s largest truck tire dealer and retread manufacturer. They created Duff Capitol Investors, the largest privately held business in Mississippi, with ownership in more than 20 companies, including KLLM Transport, TL Wallace Construction and Southern Insurance Group.
Duff has recently said he’s still weighing a run for governor, but his creation of a PAC that could garner support from many down-ticket Republicans would appear to be a concrete step in that direction. Duff’s entrance into a gubernatorial race would likely cause numerous potential candidates — particularly those who have looked to him for large campaign donations — to wave off.
While statewide elections are still two years away, municipal elections will take place this year and several special legislative races will happen as well.
Rep. Charles Young, Jr., a Democrat from Meridian, died on December 19, and Rep. Andy Stepp, a Republican from Bruce, died on December 5. Sen. Jenifer Branning, a Republican from Philadelphia, was sworn into office yesterday for a seat on the Mississippi Supreme Court. Special elections will take place later this year to fill these vacancies.
A federal three-judge panel also ruled last year that the Legislature must create new state Senate and House maps with Black-majority districts and conduct special elections in 2025 under those newly created districts.
The court ordered legislators to create a majority-Black Senate district in the DeSoto County area in north Mississippi and one in the Hattiesburg area in south Mississippi. The panel also ruled the state must create a majority-Black House district in the Chickasaw County area in northeast Mississippi.
However, the Legislature will also have to tweak many districts in the state to accommodate for the new Black-majority maps. State officials in court filings have argued that the redrawing would affect a quarter of the state’s 174 legislative districts.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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