Appeals court reverses Circuit Court, orders hearing for man held 17 months without indictment
Published 2:40 pm Friday, November 29, 2024
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NATCHEZ — The Mississippi Court of Appeals reversed a decision by Sixth District Circuit Court Judge Carmen Drake on Tuesday and ordered a habeas corpus hearing to be held without delay for Cameron Harris.
Harris has been in the custody of Adams County for 17 months without an indictment on an attempted murder charge.
The decision will likely mean a significantly reduced bond for Harris, who is now being held on a $250,000 bond.
Harris, 21, of Natchez, was arrested on June 26, 2023, and charged with attempted murder in connection with a June 20, 2023, shooting at 416 Lower Woodville Road. He is accused of trying to murder Amari Horton. Sheriff’s deputies recovered at the time of his arrest a Glock 17 9 mm pistol. Another individual with Harris at the time of the arrest was found seated next to a Radical Firearms AR-15 pistol. According to Sheriff’s Office reports, both guns were seized and sent to the Mississippi Crime Lab for analysis.
In issuing its ruling, the appeals court said Harris filed a writ of habeas corpus, arguing that there was insufficient evidence to hold him. However, Drake denied his petition.
“It is unclear whether the circuit court denied the petition (a) simply because a justice court judge had already bound Harris over to a grand jury or (b) because the circuit court found that the evidence established probable cause to believe Harris had committed the crime. Either way, the circuit court erred,” the appeals court judge wrote in its decision.
In its conclusion, the court wrote that prior to an indictment by a grand jury, a habeas corpus court has a duty to determine whether there is probable cause to believe the petitioner committed the offense for which he is held.
“Moreover, a justice court’s prior finding of probable cause is not conclusive. If the evidence is insufficient to establish probable cause, the habeas corpus court must order the petitioner released. Here, it is not clear that the circuit court appreciated that it was authorized — and, indeed, had a duty — to make an independent probable-cause determination.
“In addition, the present record simply does not establish probable cause to believe that Harris committed any offense,” the court wrote.
The appeals court said the only record evidence connecting Harris to the crime is hearsay testimony that an unnamed witness saw Harris running near the crime scene after the crime was committed.
Sixth Circuit District Attorney Tim Cotton expressed frustration Wednesday morning because ballistic evidence has been at the Mississippi State Crime Lab for 17 months, and testing has not been completed.
“I spoke with investigator Capt. Ruston Cavin of the Adams County Sheriff’s Office this morning, who reached out to the crime lab and got the assurance that the testing will be completed soon,” Cotton said.
He said crime lab testing of evidence is key to convictions.
“My honest, heartfelt reaction is to feel helpless,” Cotton said about it taking more than a year to get test results from the state’s crime lab. “Everybody wants answers and wants answers now, and when we can’t get them, it’s frustrating.”
He said the state’s crime lab backlog hinders the prosecution of cases all over Mississippi.