8. MS - AG asks TV for mayor footage: Melton claims he can't abide by laws that restrict where he carries guns

June 22, 2006

The Clarion-Ledger
By Chris Joyner chris.joyner@jackson.gannett.com And Kathleen Baydala kbaydala@jackson.gannett.com

Jackson Mayor Frank Melton said Wednesday he cannot abide by the law if it restricts where he can carry his guns.

"I want to follow the law. What I'm telling you is that I can't live like that," he said. "I do have the right to protect myself."

That might become a problem for the mayor.

Mississippi Attorney General Jim Hood sent subpoenas on Wednesday to three Jackson television stations ordering them to turn over any videotapes showing Melton carrying weapons in public. The subpoenas say the videotapes are to be used in an "ongoing criminal investigation" and that the material can be presented to his office and ordered news executives to appear before a Hinds County grand jury on Aug. 7.

Melton, now almost a year into office, said he was unaware the subpoenas were going to be served but said he was not concerned about appearing before a grand jury as long as he is allowed to plead his case. "If they want to indict me, that's fine," he said. "We'll take it before a jury."

Even if he is indicted, the charge likely would be a misdemeanor. Public officials in Mississippi can only be removed from office if they are convicted of a felony.

Hood's office would not comment on the subpoenas, but last week spokeswoman Jan Schaefer said the attorney general had opened a new investigation into Melton after receiving a complaint from someone in the news media.

Last month, Hood concluded an investigation into Melton's crime-fighting tactics by sending the mayor a letter outlining 19 places where state law says citizens cannot carry firearms. Those places include public parks, courthouses, police stations, schools, bars, passenger terminals of airports and churches.

Melton routinely wears a holstered pistol in public while participating in police-style maneuvers with the Jackson Police Department. Before being elected mayor, Melton often was similarly armed as director of the Mississippi Bureau of Narcotics, despite not having a concealed weapons permit until last month.

The mayor, who has two JPD detectives assigned to his personal security, said if a gun battle broke out, he would want to return fire and protect his entourage. "If they are willing to die for me, I've got to be willing to die for them," he said.

Melton has said his life is in danger and that he receives regular threats from criminals such as drug dealers and street-gang leaders. However, no one ever has been charged with threatening the mayor, with the exception of a woman Melton said had a romantic obsession with him.

Melton said he and Hood will have to come to an agreement that allows him to carry his two handguns. Jackson's city ordinance forbids anyone who is not a member of the police force or a law enforcement officer from carrying a firearm in a public park, government meeting, political rally and local sporting events.

"I'm not another citizen. I am the mayor of Jackson," Melton said. "It's appropriate that I have a chance to protect myself."

The subpoena instructs television stations to turn the tapes over to Don Bartlett, an investigator in the AG's public integrity division, which investigates corruption by public officials.

WLBT-Channel 3 will hand over its tape, news director Dennis Smith said. Smith said footage already has been broadcast as part of a recent news item. "It's not like it's something that's a big secret or a story that we're still working on," he said.

When the issue arose, Smith said he reviewed the tape himself. The tape shows the mayor and his bodyguards stopping in a public park during a crime sweep late last week.

"It appears he (the mayor) has got a sidearm in the park while he's talking to some guys," Smith said.

The AG's office requested access to the tape on Tuesday. Smith said he responded that the station would require a subpoena.

"That's just our standard policy," he said. "We want to make sure that we have documents showing it is an official request."

Smith said he does not know who reported the incident to the AG's office but believes that person is not a member of his staff. "I asked my staff, and they indicated to me it was another station," he said.

Rick Russell, news director for WJTV-Channel 12, said his station will not comply with the order.

"It's too vague," he said. "We have no way of finding all the video we have of Frank Melton carrying a weapon."

Bruce Barkley, news director at WAPT-Channel 16, said he could not discuss the subpoena. "Our policy is we can't disclose any details of any subpoena we get," he said.

The subpoena also directed the recipients not to disclose its contents because doing so might compromise the investigation. Russell said that also was unclear.

Melton said it is "unfair" for the media to register such a complaint and that it holds him to a different standard than other public officials. He also said he believed the investigation is retribution from Hinds County District Attorney Faye Peterson, with whom the mayor publicly has feuded with over the failed prosecutions of reputed gang leader Albert "Batman" Donelson and other alleged gang members.

Peterson said she was unaware of the subpoena, although she did provide video footage from a news channel showing the mayor in public with several weapons during Hood's first investigation of Melton. Peterson said it sounds as if the new subpoena covers more territory than what she provided.

"He (Hood) may know exactly what he is looking for," she said.