Second Mayor Thompson Mistrial ll

With four unfavorable audits attributed to Mayor Thompson's administration, he struggled to manage a Town with dwindling resources and rising demands and to fix problems that had been in existence for many, many years. He struggled with internal issues of betrayal and attempts to sabotage the administration. Deliberate barriers were placed in Mayor Thompson's path. Actions of the Legislative Auditor were unrelenting and downright vicious. A fiscal administrator by the name of Bill Ryder was appointed to oversee the town business at a beefy salary of approximately $20,000.00 per month, or approximately $5,000 per week, and many citizens of the town were irate and furious at this exorbitant amount of money being paid to Ryder. What made this outrageous payment to Ryder even more offensive to citizens is the fact that the Town Council and local citizens were declaring that the Town was broke. The council had fought any consideration and refused to consider an increase in the salary of the mayor from $35,000 per year to $60,000 per year. Ryder's tenure was short lived as he left after about three or four months later alleging that the Thompson administration was uncooperative in not providing him with requested information.

It was during Mayor Thompson's second term that he was indicted and found guilty on three counts of malfeasance in office and received a total sentence of sixteen years at hard labor, with five years suspended, and five years' probation, plus $51,000 in restitution to be paid to the Town of Jonesboro. It is worthy to note that while the Second Circuit Court of Appeal did affirm the conviction, it vacated the sentence, noting that the trial court judge had abused his discretion, which was an indication that Mayor Thompson's eighth Constitutional Amendment right against cruel and unusual punishment had been violated.

During Mayor Thompson's two years of incarceration at the David Wade Correctional Center, he filed a writ of certiorari to the Louisiana State Supreme Court requesting that his case be reviewed and that the Louisiana State Supreme Court overturn the decision of lower courts. After a hearing by the Louisiana State Supreme Court (a court that only hears about 5 per cent of the cases that comes before it), on or about November, 2015, the Louisiana State Supreme Court dismissed counts two and three of the indictment due to a lack of sufficient evidence to support the two counts and reversed the lower court's decision on count one due to prosecutorial misconduct on the part of the state's attorney, Lee Hall. In fairness, readers must know that upon a reversal by the Louisiana State Supreme Court on count one, the local District Attorney Danny Newell has the absolute discretion as to whether or not to retry the case. Please note that Newell opted to retry Thompson with the retrial starting on February 18, 2020 and ending in a mistrial on February 20 after prejudicial statements made by a witness for the prosecution.

After the prejudicial statements that triggered a mistrial, the state's attorney Lee Hall pleaded with Judge Jimmy Teat to use his discretion in the matter which if granted would have allowed the trial to proceed with the strong possibility of Mayor Thompson not receiving a fair trial. State's attorney Lee Hall argued that because of the exorbitant amounts of time, preparation, and huge amount of dollars that had been expended and exhausted in preparing for the trial, Judge Teat should exercise discretion in the case, and despite prejudicial statements made by one of the state's witnesses, allow the trial to proceed. (In essence Attorney Hall pleaded that the amount of time, money and energy spent on the case, are factors that should outweigh any concerns for justice and fair play). After a dismissal of the jury and a short recess, the jury was ordered to return at which time Judge Teat declared a mistrial ruling that justice is more important than cost, time or money spent on a trial.

It was an hour which I witnessed firsthand a fleeting moment wherein liberty and justice triumphed and was exalted. Judge Teat thanked the jury for their service and dismissed them. The prejudicial statement of witness Kenneth Folden from the Town of Jonesboro, coupled with the rule of law regarding the issue before the court left Judge Teat with little or no other alternative other than to declare a mistrial. We commend Judge Teat for recognizing the importance of justice and fair play transcending over what is legally expedient in this particular case, especially a case that could have immediately found its way before the Second Circuit Court of Appeal.

I have watched and been passionately concerned about this case since its inception. It has without a doubt been a racially charged case. It has been about trying to oust a Mayor who was not part of the establishment and was unwilling to play by "the good old boys rules." My wife Jan was victimized by the same local legal system as a result of not being willing to go along to get along, and was indicted for "perjury" a criminal charge that is rarely used today, but if convicted could result in up to 40 years of prison time. When I look at the large sums of money, hundreds of thousands if not millions of dollars spent on the Thompson case, simply to try and obtain a felony conviction that would prevent him from serving as Mayor (kicking him out of office) for the five and a half years, it is hard to imagine the absence of outcry from taxpayers who ultimately bear this burden.

Mayor Thompson is one of the most honest, humble, decent, and honorable individuals that I have met since returning to Jonesboro, a man who in my considered opinion would not "steal a dime". In all probability he will be retried for a third time on the same count, but I am praying that if this be the case, wisdom, justice and truth will prevail and that the God we serve will see him through the ordeal, for the pendulum of justice swings wide and wheels of justice grind slowly but exceedingly fine. I am a firm believer that one day, here in Jackson Parish and in the Town of Jonesboro, (I may be asleep beneath the clay), the people will get right, and justice will roll down like a mighty stream. Black, white, brown and yellow citizens shall see it for themselves and together will proclaim: justice at last, justice at last, thank God Almighty, Justice at Last. Dr. Herbert Simmons, Jr. is an Associate Professor, Department of Criminal Justice, Grambling State University, Management former President, Grambling State University Faculty Senate, and former Head, Department of Consumer Resource, Howard University, Washington, DC.