Battle Royal In Houston County Courthouse Today - First in Judge Anderson Court Now In Judge Conaway Court

Rickey Stokes

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Posted by: RStokes
Date: Mar 05 2013 1:36 PM

HOUSTON COUNTY:  This week in Houston County criminal jury trials are underway.

The Senior Judge of the Twentieth Judicial Circuit, Honorable Larry Anderson, was in the midst of a trial involving a possession of controlled substance case against a Terry Maurice Smith.

The prosecutor in this case is Banks T. Smith of the District Attorney Office. The defense attorney is Mark Overall.

Anytime Mark Overall is involved in the court system, the system, parties, lawyers, prosecutors have their patience tried.

The trial was in the phase of closing arguments before the jury. In closing arguments the Judge allows both the prosecutor and defense attorney a time limit. The prosecutor goes first and last in closing arguments, but is required the prosecutor to divide their time between the first and last closing arguments. In this case Judge Anderson have the attorney 15 minutes each for their closing.

The prosecutor, Banks Smith had given his closing statements and what he feels the evidence showed in order to convict the defendant on Possession of Controlled Substance.

The Defense Attorney Mark Overall began his closing arguments. As Overall started he began making accusations against the District Attorneys office saying that they do not care if they put an innocent man behind bars, they do not care about their jobs and they half do everything. Overall makes accusations the Police Officers that arrested the defendant were lying.

Prosecutor Smith took major offense to this and asked Judge Anderson if they could approach the bench. The Attorneys approached the bench and then returned from the bench and Defense attorney Overall is allowed to proceed. It could not be heard what the Judge, Smith and Overall said when they were at the bench.

Just as soon as Attorney Overall continues with his closing arguments, he immediately begins to badger the District Attorney’s office again. Prosecutor Smith slams his pen down on the table and it fly’s across the court room as he is yelling “objection”.

Judge Anderson orders the Jury out of the court room telling his court reporter to take the jury out of the courtroom. As the court reporter stands up to follow the Judges  instructions, Attorney Overall starts to argue. Having to get everything said on record the court reporter starts to sit back down real quick in order to get an accurate record of what Overall is saying.

Judge Anderson interrupts Overall, instructs the court reporter to continue as told and Overall shuts up.

As soon as the jury is outside of the courtroom Prosecutor Banks Smith begins to apologize to Judge Anderson for the pen. Judge Anderson, clearly furious!!!!!!!!! proceeds to hold both attorneys in contempt and fined each of them fifty dollars. Prosecutor Smith for throwing his pen across the room and Defense Attorney Overall for disregarding the rules of the court as he was instructed when they approached the bench.

Later the fine of $ 50 was lifted as I understand.

COMPLAINTS

Here a complaint…there a complaint…everywhere a complaint!!!

Attorney Mark Overall has filed complaints against District Attorney Doug Valeska. Judge(s) in Houston and Henry County have filed complaints against Attorney Mark Overall. It is not known if any complaints have been filed by Overall against a Judge.

JUDGE CONAWAY’S COURTROOM

The prosecutor in Judge Conaway’s courtroom is District Attorney Doug Valeska himself. Attorney Mark Overall has a case beginning now in Judge Conaway’s courtroom in the case of Roderick Raymond Melton.

Melton’s offenses are Possession of Marijuana in the first degree, two counts of Burglary in the third degree, running a red light, two counts of failure to stop, speeding at over 25 MPH, and Attempt to Elude.

Melton is in the Houston County Jail. However he had no clothes to wear for the trial. Attorney Mark Overall had made no arrangements for any clothes for the defendant.

District Attorney Investigator Jay Henry went and got some clothes and carried them to the Houston County Jail for Melton to wear. This had to be done in order for the trial to proceed.

IF YOU ARE BORED THIS AFTERNOON AND WANT ENTERTAINMENT

If you are bored this afternoon, come onto the Houston County Courthouse, 4^th floor, in Judge Conaway’s court. Free entertainment as this trial gets underway.

You have the very aggressive Doug Valeska and the very aggravating Mark Overall opposing each other. There is no love lost between the two. It will be better that wrestling matches!!!

And it is free admission, just leave your pocket knives and guns in the car because you can not get into the courthouse with them. And bring your own popcorn!!!

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