JACKSON, Miss. (AP) - A judge declared a mistrial Wednesday in the case against Hinds County District Attorney Robert Shuler Smith, and state prosecutors said they will try the case again.
Judge Larry Roberts declared a mistrial after jurors were unable to reach unanimous agreement on whether to convict Smith, who was charged with hindering prosecution of a criminal defendant. Another trial is set to begin June 12, The Clarion-Ledger reported (https://on.thec-l.com/2hRZG3r ).
Smith chose not to testify, but he made his own closing arguments Wednesday. Felony charges accuse him of plotting with former Assistant District Attorney Ivon Johnson to hinder prosecution of a criminal defendant named Christopher Butler.
Smith says Butler was innocent.
“Our duty as prosecutors … is to make sure everyone is treated equally,” Smith told the jury. “This is not just about one person. One defendant charged. This is about anyone.”
Much of the state’s evidence hinged on Smith’s attempts to indict officials who kept him from dismissing charges against Butler.
Attorney General Jim Hood’s office prosecuted the case. Hood said a mistrial was the “only appropriate result” after disclosure that a juror knew Smith but failed to reveal that during jury selection.
Hood released a hand-written note from jurors, who asked the judge: “What do we do about a juror who has previous knowledge of Robert Smith and has a previously formed opinion of him and is basing her verdict on previous knowledge and opinion instead of current evidence?”
Assistant Attorney General Bob Anderson asked Roberts to identify the tainted juror and replace him or her. Smith’s attorney Jim Waide objected, suggesting that would put inappropriate pressure on the jury.
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Information from: The Clarion-Ledger, https://www.clarionledger.com
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