Saturday, November 21, 2009

MS: Retrial ordered in Corey Maye case -- at last

The state Court of Appeals ordered a new trial Tuesday for Cory Maye, convicted of shooting to death a Prentiss police officer who raided his home. "Thank you, Lord. I've prayed and prayed over this every night since this took place, " Maye's mother, Dorothy, said after learning of the decision.

Maye testified he was sleeping Dec. 26, 2001, when police burst into his home. He said he shot officer Ron Jones in self-defense, but a Marion County jury in 2004 concluded he was guilty of capital murder and sentenced him to die by lethal injection.

In 2006, Circuit Judge Michael Eubanks tossed out the death sentence after concluding Maye's former lawyer failed to represent her client adequately during the penalty phase of the trial. The judge sentenced Maye to life in prison without parole.

On Tuesday, the Appeals Court concluded Maye deserves a second trial, contending that his trial should have been held, as he requested, in Jefferson Davis County since that is where the crime took place. "Certainly we disagree," said District Attorney Hal Kittrell, adding that the attorney general's office will seek a rehearing on the matter and will appeal, if necessary, to the state Supreme Court.

If the courts all agree that a new trial is necessary, there will be another trial because prosecutors believe Maye is guilty, he said. "We didn't buy it (his self-defense claim), nor did a jury, so we'll go back."

The Appeals Court found that the judge moved the trial to Marion County at Maye's request because of pretrial publicity. But later, when Maye asked for the trial to be returned to Jefferson Davis County, the judge refused. "Our concern was, 'how do you send a case back to a place you said you couldn't get a fair trial?' " Kittrell asked.

Maye was arrested after the Pearl River Basin Narcotics Task Force received a tip from a confidential informant regarding possible drugs in a duplex occupied by 21-year-old Jamie Smith.

The warrant listed Smith's name but not Maye's. Police testified they knocked on Smith's door, announced themselves and that Smith surrendered to police and was charged with sale of cocaine.

Original report here.

The account of Maye's "crime" above is very poor. See here for more details. Lying police thugs is what it is all about.

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