Edmonson v. State

906 So. 2d 73, 2004 WL 2795570
CourtCourt of Appeals of Mississippi
DecidedDecember 7, 2004
Docket2003-KA-01088-COA
StatusPublished

This text of 906 So. 2d 73 (Edmonson v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Edmonson v. State, 906 So. 2d 73, 2004 WL 2795570 (Mich. Ct. App. 2004).

Opinion

906 So.2d 73 (2004)

Thaddeus EDMONSON, Appellant,
v.
STATE of Mississippi, Appellee.

No. 2003-KA-01088-COA.

Court of Appeals of Mississippi.

December 7, 2004.

*74 Michael Duane Mitchell, Pamela Lynn Huddleston, Gulfport, attorneys for appellant.

*75 Office of the Attorney General by Jean Smith Vaughan, attorney for appellee.

Before BRIDGES, P.J., MYERS and BARNES, JJ.

MYERS, J., for the Court.

¶ 1. On June 3, 2002, Thaddeus Edmonson was indicted by the grand jury of Jones County for two violations of inducement to influence a public official. Trial for the matter was held from March 31, 2003 through April 3, 2003 in the Jones County Circuit Court, Second Judicial District. Edmonson was convicted of the offenses and was sentenced to five years imprisonment, with two years suspended on post-release supervision with community service. Edmonson filed a motion for judgment notwithstanding the verdict or in the alternative a new trial, which was denied. It is from the conviction that Edmonson appeals, raising the following four issues:

I. WHETHER THE TRIAL COURT ERRED IN THE ADMISSION OF EVIDENCE.
II. WHETHER THE TRIAL COURT ERRED IN ITS STATEMENTS TO THE JURY.
III. WHETHER THE TRIAL COURT ERRED IN FAILING TO GRANT APPELLANT'S MOTION FOR DIRECTED VERDICT.
IV. WHETHER THE TRIAL COURT IMPROPERLY LIMITED THE SCOPE OF CROSS-EXAMINATION OF THE STATE'S WITNESS, INFRINGING ON THE APPELLANT'S SIXTH AMENDMENT RIGHT.

¶ 2. Finding no error, we affirm.

STATEMENT OF FACTS

¶ 3. In April 2001, Jayesh Bhakta, a financier and developer of hotels and motels, decided to construct a Days Inn and Suites hotel in the city of Laurel, Mississippi. The site upon which the hotel was to be constructed was located along Grandview Drive. The Grandview Drive property upon which Bhakta wished to construct the hotel was owned by Greg Rustin, a businessman and resident of Laurel. Bhakta contracted with Rustin to secure the subject property for construction. Bhatka then applied for a franchise with Days Inn and began processing the necessary paperwork and securing the proper permits to allow construction of the hotel. Upon applying for a franchise with Days Inn, it was determined that in order for construction of the hotel to be possible, Grandview Drive would have to be widened and improvements made in order to accommodate the hotel. The renovations which would be necessary included widening the road to three lanes, installing a traffic light, increasing sewage capacity, and increasing water delivery capacity. These renovations were referred to as the "Grandview Drive project" by all parties involved. Over the next several months, Bhatka met with the members of the Laurel city council, the Laurel mayor, as well as other Laurel officials who were involved in the decision making process surrounding the Grandview Drive project. After many meetings, many setbacks, and the withdrawal of his franchise rights by Days Inn, Bhatka decided that it was time to terminate the project.

¶ 4. Rustin, who was working closely with Bhatka in an effort to construct the hotel, received a telephone call in April, 2002 from Edmonson asking if Rustin would meet him at Shoney's restaurant in Laurel to discuss the Grandview Drive project. It was at this meeting where Edmonson first informed Rustin that as president of the Laurel city council, Edmonson was not going to allow the Grandview *76 Drive project to pass. Edmonson then informed Rustin that he would aid in passing and completing the Grandview Drive project for a payment of $10,000 to Edmonson. Rustin refused Edmonson's proposal and was contacted by Richard Cox, an investigator for the Mississippi Attorney General, asking Rustin for his cooperation in an investigation of Edmonson by making the requested payment to Edmonson. Rustin agreed and contacted Edmonson stating that he had changed his mind about Edmonson's request, and that he would be willing to pay $5,000 for his cooperation on the project. Edmonson agreed to Rustin's $5,000 proposal and the two met at Rustin's office on May 2, 2002. This meeting was recorded by investigators Richard Cox and Burt Wallace of the Mississippi Attorney General's office using a video camera and tape recorder hidden in Rustin's office. During this meeting, Rustin paid Edmonson $2,500, using state funds, as the initial payment of the $5,000 sum. The remaining $2,500 was to be paid at a later date. On May 6, 2002, an unrecorded conversation between Edmonson and Rustin took place, during which Edmonson requested an additional $1,000 payment to secure the votes of two additional council members. On May 7, 2002, a telephone conversation took place between Rustin and Edmonson which was recorded. Later that day, Edmonson and Rustin again met at Rustin's office where their meeting was again videotaped. During this meeting, Edmonson brought Rustin two letters detailing the progress which was being made on the Grandview Drive project. Edmonson and Rustin further discussed the requested payment of $1,000 to secure additional votes. Rustin refused to pay the additional $1,000 unless it could be paid directly to the council members. Rustin's request was denied. On May 9, 2002, Rustin and Edmonson again met at Rustin's office. During this meeting, Rustin paid Edmonson the remaining $2,500 Immediately after the meeting, Edmonson was arrested and charged with two counts of inducement to influence a public official pursuant to Mississippi Code Annotated § 97-11-53 (Rev.2000).

¶ 5. At trial, Edmonson defended the charges against him by contending that the payments received by Rustin were not bribes but were actually payments which were due for advertisements Rustin had placed in Edmonson's newspaper, News Plus. Edmonson argued that portions of the conversations between he and Rustin which took place in the hallway outside of Rustin's office were not recorded. Edmonson contends that it was during these conversations that Rustin and Edmonson discussed Rustin placing advertisements in Edmonson's newspaper. Edmonson mailed Rustin via certified mail, a receipt from News Plus dated May 14, 2002, in the amount of $2,502 for payment of the advertisement Rustin and he allegedly discussed prior to the recorded portion of their meetings. Though an advertisement for Rustin's subdivision project appeared in the May edition of News Plus, both Rustin and his assistant, JoAnn Bird, testified that the company does not advertise the subdivision and that the company has never advertised in News Plus newspaper. Edmonson further defended the charge against him by showing that the 2003 budget included funds to be allocated for the Grandview Drive project.

¶ 6. The jury was charged with weighing the evidence and the testimony to arrive at their decision. In performing their duties, the jury determined that Edmonson was guilty of inducement to influence a public official in violation of Mississippi Code Annotated § 97-11-53 (Rev.2000). Edmonson was sentenced to five years imprisonment, with two years of the sentence suspended. Edmonson filed a *77 unsuccessful motion for judgment notwithstanding the verdict or in the alternative a new trial. Aggrieved by the sentence of the trial court, Edmonson appeals.

LEGAL ANALYSIS

I. WHETHER THE TRIAL COURT ERRED IN THE ADMISSION OF EVIDENCE.

¶ 7. Edmonson argues that the trial court erred in allowing testimony regarding his prior bad acts in violation of Mississippi Rule of Evidence 404.

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Bluebook (online)
906 So. 2d 73, 2004 WL 2795570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edmonson-v-state-missctapp-2004.