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Document #: 76
Filed: 12/02/2016
Page 1 of 3
STATE OF MISSISSIPPI
VS.
PLAINTIFF
CAUSE NO. 25CI1:16-cr-00836
DEFENDANT
suggested that he was investigating alleged bribery schemes being perpetrated in his
office by members of his staff. Smith has also referred to testimony from Tracey
Chandler, who appeared before a grand jury in Hinds County earlier this year. In the
case of Chandler, Smith even took the extraordinary step of having her testimony
recorded by a court reporter, in a somewhat unusual break with the standard practice
(and prevailing law) that grand jury proceedings not be recorded.
Case: 25CI1:16-cr-00836-LER
Document #: 76
Filed: 12/02/2016
Page 2 of 3
3. In point of fact, evidence of other bribery activities are recounted in the FBI
302 report of interview of Robert Earl Henderson (also known as Too Sweet) which
has been provided to the defense in discovery in this case. In that FBI 302, Henderson
recounts numerous instances of monies being passed directly to Smith. Henderson has
been indicted for bribery. A copy of the Henderson indictment is attached hereto as
Exhibit A. Accordingly, testimony regarding the bribery scheme in which Henderson
was involved is admissible under Rule 404(b) to show motive, intent, knowledge,
identity and absence of mistake. Admission of such evidence is further authorized to
permit the State to tell a complete story and to avoid confusion among the jurors.
Admission also is consistent with the decisions in Boggs v. State of Mississippi, 188
So.3d 515 (Miss. 2016); Brown v. State of Mississippi, 890 So.2d 901 (Miss. 2004);
Liddell v. State of Mississippi, 33 So.3d 524 (Miss.App. 2010); and Givens v. State of
Mississippi, 730 So.2d 81 (Miss.App. 1998).
WHEREFORE, premises considered, the State respectfully requests that this
Court enter an order permitting the admission of testimony regarding the bribery
scheme involving Robert Earl Henderson pursuant to Rule 404(b).
THIS the 2nd
Case: 25CI1:16-cr-00836-LER
Document #: 76
Filed: 12/02/2016
Page 3 of 3
Larry G. Baker
Special Assistant Attorney General
MS Bar No. 100569
P.O. Box 220
Jackson, MS 39205
Telephone: (601) 576-4254
CERTIFICATE OF SERVICE
I, Robert G. Anderson, hereby certify that I have this day filed the above and
foregoing Motion with the Clerk of Court, utilizing the Courts electronic case filing
system, which caused a copy to be sent to Jim Waide, Attorney for Defendant, Robert
Shuler Smith, at his usual e-mail address of waide@waidelaw.com.
THIS the 2nd
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Case: 25CI1:16-cr-00836-LER
Document #: 76-1
Filed: 12/02/2016
Page 1 of 2
Case: 25CI1:16-cr-00836-LER
Document #: 76-1
Filed: 12/02/2016
Page 2 of 2