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Harris court appeal rejected
Published Thursday, October 23, 2008
NATCHEZ — The U.S. Fifth Circuit of Appeals has rejected former Jefferson County Circuit Clerk Burnell Harris’ appeal to his July 2007 conviction.
Harris’ conviction included three counts of embezzlement from a local government that receives federal funds by an agent of the local government, two counts of money laundering and four counts of tax evasion.
In a ruling filed Tuesday with the federal circuit court Tuesday, a three-judge panel rejected Harris’ argument that his trial was flawed outright because of its timeliness.
A motion for a new trial based on anything other than new evidence must be filed within seven days of a jury’s verdict.
In his appeal, Harris argued that he should not have been prosecuted for embezzling federal funds because the circuit clerk’s office did not receive federal funds.
In their ruling, however, the justices stated that the prosecution was valid because Harris embezzled money that belonged to Jefferson County, and Jefferson County had received more than $10,000 in federal grants during the time he embezzled the money.
Harris also argued that his rights were violated when the court rejected his request for a new trial because of juror misconduct and news coverage during the trial. He argued that jurors he had wanted struck from the jury pool were seen with newspapers containing an “unduly prejudicial” article about the trial during proceedings.
The justices also noted that the court record shows Harris knew of the newspaper incident at the time of the trial and voiced an opinion about it, but that he did not seek a mistrial at that time “nor did he request that the district court specifically inquire whether any members of the jury had read the newspaper article.”
In other words, the justices concluded that Harris waived any right to claims of juror misconduct because he knew of the juror’s alleged actions at that time but did not act upon that knowledge.
The justices also rejected arguments that Harris was not acting as an agent of Jefferson County when he committed the embezzlements.
Harris claimed that evidence was improperly admitted against him at trial, but the justices said Harris did not identify said evidence and so waived his right to object to it.
In October 2007, Harris was sentenced to six years in jail and three years probation. He was also ordered to pay $447,086.07 in restitution.
His sentence began in January.
Comments
Posted by jammin1 (anonymous) on October 23, 2008 at 12:44 a.m. (Suggest removal)
He should have used Binky's lawyer.
Posted by Lily_Dream (anonymous) on October 23, 2008 at 4:45 a.m. (Suggest removal)
It seems his lawyer was to suppose to fight against a tainted jury. Well anyway, he has 6 years to fight it out from behind the scenes.
Posted by dixiemama (anonymous) on October 23, 2008 at 6:54 a.m. (Suggest removal)
Old boy you did the crime now act like a man and do the time & stop whinning.
Posted by kpage (anonymous) on October 23, 2008 at 8:09 a.m. (Suggest removal)
I'm not saying this guy should go free, but why doesn't the justice system try EVERYONE who "misconducts" themselves? (We know who are accused of it.) This is the only aggressive trial within 100 miles. Binky walks the streets today and Harris will do some years behind bars! Gene Allen is bobbing at the lake and Wilkinson County crawls with fraud. Doesn't sound like justice if only one man goes to jail and the others walk!
Posted by Teach4Peace (anonymous) on October 23, 2008 at 9:28 a.m. (Suggest removal)
From what I've heard on more than one occasion, this guy "helped" some folk by helping himself to the funds in office. I bet these same folk can't be found and I am willing to bet, they aren't on his visitor list. The money he embezzeled was also given to folk who I am sure don't have his back now. This is why you shouldn't use any office for anything other than what is intended.
Now, I know Marvin Gaye sings "believe half of what you see, almost none of what you hear," but I can't help but believe this one.
Posted by Desiderata (anonymous) on October 23, 2008 at 9:33 a.m. (Suggest removal)
Nobody ever said life was fair. "The world is full of trickery, but not let this blind you to what virtue there is; many persons strive for high ideals; and everywhere life is full of heroism".
Posted by Krogers (anonymous) on October 23, 2008 at 9:39 a.m. (Suggest removal)
glad to hear this
and you're right kpage
get em all, seems like Binky could still go to jail
Posted by Bone (anonymous) on October 23, 2008 at 10 a.m. (Suggest removal)
kpage I agree the guy shouldn't go free but, if the system worked for Binky than it should work for Harris. The FEDs got upset with Harris when he refused to entraped other people in the County (the major, the judge and the lawyer that got the big verdict in the Phen-Fhen trail). Along with some local enterpreneurs and some convicted people that had already received phen-fhen monies and served time in prision. The lawyer in Vicksburg Robert Aldredge and this accompanist Regina Reed-Green of Fayette masterminded that illegal operation and they are still walking around. Mrs Green sent 9-10 different family members to prision for what she did. You can go back and read the papers on about this. If this don't let us know that justice is blind and color is still a factor something is wrong. Mr. Harris was convicted before he was tried on the first day he walked into that court room. The judge was all about the government (FBI's) and he favored them in everything that said and wanted to do. So, let's just remember that the same thing that happed to Mr. Harris can happen to us not because we are guilty but because of the color of our skin. Micheal Vicks is a prime example. And for all of those who are rejoicing just know this, if and when (and I pray not) that you or your child(s) or family is faced before a group of people(jurors) that are sleeping and wake up and make a decision of your faith, I pray that God would bring this back to your memory. Look at Jena, LA., we as a black people need to wake up and smell the coffee before it is to late. We need to vote our on mind and what we feel is right. The former of that juror was of the other color and just watching him in juror seat his mind was already make up. Yes, Mr. Harris was telling the truth the some of the jurors did have the local paper and was reading it. Even if Mr.H lawyer had brought this to the judge attention he was not going to address it. The judge and the FED's know that federal funds don't come in that office. That is the chancery clerk office that handle federal fund. All of this was a setup for Mr H. and he was RAILROADED.
Posted by steveholmes (anonymous) on October 23, 2008 at 9:41 p.m. (Suggest removal)
BONE, WHY U SAY MICHAEL VICK ONLY GOT CONVICTED BECAUSE HE IS BLACK..THE COURTS PROVED THAT HE KNEW ABOUT THE DOG FIGHTS, OWNED DOGS THAT FOUGHT, BET MONEY ON THE DOG FIGHTS, HOUSED SOME OF THE DOGS ON HIS PROPERTY, SO HE WAS GUILTY...SHAME ON HIM FOR DOING THIS TO DOGS... I AM A BLACK MAN..
Posted by AD52 (anonymous) on October 23, 2008 at 10:08 p.m.
(This comment was removed by the site staff.)
Posted by fire39212 (anonymous) on October 23, 2008 at 10:29 p.m. (Suggest removal)
By all means all of these were done wrong due to being black..They should try and sue someone because they were born black..What is happening to the system when this type of law suit hasn't been filed? I could have understood it if these innocent people had done something wrong but, we all know they didn't do a thing wrong..Maybe just maybe they can file a law suit against someone....geezzzz....
Maybe he should have used binkeys attorney....Just a thought...
Posted by Bone (anonymous) on October 24, 2008 at 9:25 a.m. (Suggest removal)
Steveholmes, Yes I say Vick was convicted because he is black, white athletes dog and cock fight but you don’t hear anything about them. We can talk back and forth about the issue(s) all day but at the end of the day it’s the same BLACK. You probably know of someone in your neighborhood that dog fight. But if they are white they don’t have to worry, you and I better not even think about it. Binky’s law might have been good but when the odds are against you, there is nothing you can do. When the judge, government have it in for you oh well. Then the killing thing the jury was majority black. Mr. H. could have hire Johnny Cochran (O J’s) lawyer the FED’s was going to get a guilty verdict if they had to retry me every 3-6 months because they were upset with him because he would not be there puppet.
Fire39212 you are right but before the system allow that kind of lawsuit or make laws that would work of us (black people) they would have all of lynched. Just think about this be realistic if Mr. H had not pay his taxes for four years why didn’t the IRS contact him? Now let me give you readers some more information the foreman of the phen-fhen jury was out of town and her husband told one of the FED that Mr. Harris called her from California to come and serve on the jury. It was later established that one of the plaintiffs contacted her and rewarded her with money after everything was settle. As far as I know Mr. H didn’t have any relatives as plaintiff in that case. Anytime black people advance or start living above poverty we have some of our own (black) can’t stand it. So whatever they can do or say to hurt you they are going to do it. Some of the very ones that assisted the FED’s in digging up information on Mr. H. was once convicted one of the entrepreneurs was indicated back in the mid 80’s and stole from Alcorn State University, another had dope planted and was selling from his business and yes he was indicated also. I could go on and on but there is no need. My thing is to continue to pray for Mr. H and his family and asked God to protected and shield him and his family from all matters of evil. Let’s remember that “Weeping endures for a night, but Joy comes in the morning”, Mr. H. and his family are weeping now, but God is going to bring Joy to them. And for all of you all that’s rejoicing now, your day is/will surely come. For the bible say “you are going to reap what you so”. And with that I am signing off for the day and Make God have mercy on you.
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