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The Mississippi Justice Project Presents The Larry P. Jackson Story

Mississippi has a "fast &speedy trial" statute which is (270) days but for some reason this statue does not apply in my case. I was arrested on December 08, 1987. But, didn't go to trial until the middle of October which is over (270) days. At no time did myself or the State ask for a continuance. I even filed a " ~ asking for a "fast & speedy trail". My trial started October 17, 1988, at this time my attorney did ask for the charges to be dropped due to the fact that the (270) days had elasped; but (he) was denied. I went to trial facing all (10) counts of the indictment at the same time which is illegal according to the Ms. Supreme Court in McCarty v. State (1990). My attorney made no motion to sever indictment. According to assistant D.A. George T. Kelley, in opening statements, mine was the first multicount indictment he ever tried. Once you read the trial transcripts you can tell by all the mistakes that were made. In opening statments the prosecution explained to the jury members about conspiracy, burglary, and other things that would be happening during the trial. They were told that people would be brought in to testify against me and that the State had made a deal with these people. But, (he) forgot to mention to the jury that according to Ms. State Law, statements made by codefenders that are known alcoholics and drug users are not to be considered reliable testimony. Donald Brister and Vicki Elliott both got on the stand and admitted to drug/alcohol problems. Elliott even admitted to trying to commit suicide on (3) different occasions because I broke up with her. When my attorney was giving his opening statement (he) forgot to mention about witness credibility. If you read Hutchinson v. State (1964) it clearly states that codefenders who are alcohol/drug users testimony is not to be relied upon. But, since the jury were not aware of this fact they took everything said in the courtroom as being reliable. Even though I was found guilty of conspiracy and sentenced to (5) years as habitual offender for conspiracy, it s just one thing that is wrong. A trial for conspiracy never took place! You can read the transcripts from front to back and you wont find where a trial for conspiracy took place. the prosecution gave jury instructions at beginning and closing of trial for conspiracy. The theory " innocent until proven guilty" was never considered in my case. How can a person be sentenced to (5) years as habitual offender when (he) never went to trial or pled guilty to the charge? Count (4) of Indictment #20,328, was the burglary of a Sidney Ellis's residence. I became a suspect because on the day of the burglary I stopped by one of (his) neigbor's house; a Dr. Williams. The State brought Dr. Williams to testify that I was indeed in the vicinty that day. I never denied stopping by Dr. Williams house because I did. I was looking for his son, I even gave the Dr. my name. That is how I becane a suspect! Bringing the Dr. in to testify that I was in the vicinity was a brilliant ploy on the State's part. With a Dr. and respected member of the community saying I stopped by his house around the same time a crime was committed really boosted the State's case. Once again the State and Sheriff's Department forgot to mention a small detail to the jury and presiding Judge. That it was an actual eye witness to that burglary! Deputy Chuck Haynes took the report from that eye witness. Why would you bring in a Dr. to establish that I was in the vicinity but not bring in an eye witness? Or even mention that it was an eye witness. My conclusion is because the Dr. described the burglar as looking one way and driving a small black compact car. But, the eye witness 's description of the person she seen kicking in the door didn't match up to what the Dr. said I was wearing. Plus the witness descibed the car as being light colored car, possibly a Ford or Chrysler. It's a lot of difference in a two door black car and a four door light colored car. When deputy Chuck Haynes got on the stand to testify under oath (he) told that it was no eye witness's to any of the crimes nor where there any physical evidence like foot prints or finger prints to link me to the crimes. (He) went on to say that stuff like that wasn' important because (he) had Brister and Elliott saying that I did the crimes with them. how could a Captain of a Sheriff's Department forget a thing like an eye witness when he's the one who took the statement? Maybe if the State would of taken me to trial within (270) days he would of remembered about the eye witness. If you read Brister s testimony you can see just how important and credible he was. The asst. D.A. (George Kelley) had to tell how each burglary took place and where each house was located. Plus tell Brister each time "Larry was with you". When my attorney asked Brister why the asst. D.A. had to explain everything to him (he) stated that he was an alcoholic and drug user and because of that he couldn't remember things. Why my attorney or the presiding Judge didn't take that time to explain to the jury about witness credibility I don't know. Brister did state under oath that we never planned to commit any crimes together or committed any crimes together but because of the deal with the State "today I'm saying we did it". The deal (he) was referring to was instead of facing (95) years as habitual offender he was allowed to plead guilty to (5) years with parole. At that time he was a parole violator from Parchman. It was never mentioned that he was a parole violator, nor was the fact mentioned that he had been to prison in Tennesse for armed robbery with a deadly weapon. Vicki Elliott gave great testimony also. She told how she cut her wrist twice and shot herself once because I broke up with her, she named several different types of drugs that she was using including valums, mepherganes and chrstal meth. Once again the jury was never advised about credibility or State Law concerning codefenders. (Hutchinson v. State, 1964). She went on to state that the reason she remembered everything that happened is because the day before the trial she talked to Asst.  D.A. George Relley and he explained to her about what happened. Why the presiding Judge or my attorney didn't get her to explain that I don't know. It seems like the presiding Judge would of questioned the legality of an asst. D.A. having to tell a witness/codefender how to testify. I've always been under the impression that it was the judge's job to make sure that all parties abided by the Laws and Constitution. I guess I was wrong or maybe that saying, " justice is blind" really explains it all. When it was over I was found guilty of conspiracy and (7) counts of burglary and not guilty of (2) counts of burglary. Was sentenced to (25) years as habitual offender. My earliest release date is March 02, 2013, due to the illegal facts used in indictment about my prior convictions. My attorney was suppose to file a "Motion" for New Trial but he let the time run out. When it came time to file for appeal (he) was in rehab for drinking anddcocaine problems. I had to file an out-of-time appeal which was granted April, 1989. During that hearing Judge Eugene Bogen suspended my attorney's license and made him (Stan Perkins) take legal steps to continue practicing law. My appeal was filed by Irene Mikell Buckley, since she was in Greenville and I was at Parchman the only way I could communicate with her was via mail. I wrote he a letter asking her to argue issues including the conpsiracy charge, the fact that I was not given a preliminary hearing (Avery v. State) entitles me to one, witness crediblity, multi count indictment. Which was over turned by Ms. Supireme Court in McCarty v. State. I also asked her to argue several other issues but for some reason (she) didn't raise any of these issues; she did attach my letter to appeal. But, since she didn't mark it as exibit the letter wasn't recognized. If you read Jackson v. State (Feb. 1992) you'll see in the footnotes on page (12) where the Justice's mentioned letter and went on to say that since these issues weren't addressed they are deemed abandoned. Because of (her) shortcuts I haven't been able to argue these issues in the Courts. When I tried they were timebarred. In District Court they denied me these issues again. On (270) day "fast & speedy trial" statute the Attorney General's Office did admit to a delay of (281) days but said that was okay. If the Law and Constitution says (270) days how can be going over be considered ok? If I get stopped doing (25) in a (15) mph speed zone the Court want say, that's ok. They will fine me. Trial transcripts will support everything in this letter. Just because the Sheriff and D.A. don't like me doesn't give them the right to ignore the laws they are sworn to uphold. They say, everyone is innocent until proven guilty but that is not true because I was guilty from the start and nothing was going to change the powers that be in Washington County views. Professionalism is not suppose to be clouded by personal feelings or beliefs. To my knowledge I'm the only white male ever indicted as habitual offender out of Washington County even though I can name several people who are eligible: Harvey Dale "Buddy" Bennett has been here at least (3) times that I know of but never indicted as habitual. Donald Brister my alleged codefender has several conviction and indicted as habitual but not sentenced as one. Luther Crook has been here at least (3) times but never sentenced as habitual.John Randolph "Randy" Spears has been here at least (3) times but never sentenced as habitual.George Edward Tatum has been here at least (5) times and once in Fed. system but never sentenced as habitual. In the summer of 1988, he was out on parole for only (31) days when he committed an armed robbery and got only (7) years for it. Entire text (c) Larry P. Jackson, 24 March, 2003 -- All Rights Reserved

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Mr. Larry P. Jackson MDOC# 48890 Unit 10 Parchman, MS 38738

This page was last updated on: June 18, 2003

Page provided and maintained Courtesy of the volunteers at The Mississippi Justice Project

On January 15, 1988, I was indicted by the Washington County Grand Jury in Indictment II 20,328, for (1) count of conspiracy and (9) counts of burglary of a dwelling. Also indicted as habitual offender; the State led the jury members into believing that I had been to Parchman on (3) separate occasions. Which is not true! The State used prior felonies that belonged to a black Larry Jackson! I had only been to Parchman once prior to this conviction. But, Indictment #20,328, was signed a "true bill" by asst. D.A., Circuit Court Clerk, and Grand Jury Foreman. The D. A.'s Office and the Sheriff's Department were aware that these facts were not true. my attorney Stan Perkins was aware that I had only been to Parchman once. But, none of them took the time to mention this fact to the jury members during my trial.