Tuesday, December 13th, 2005
As I mentioned before, I’ve been posting on the fly with this story, while trying to correct and clarify along the way. While blogland has been almost universally supportive of Maye, a few blogs and comments on blogs have noted that inaccuracies are being perpetuated. This is in part my fault, and in part due to the fact that the blogosphere sometimes functions like an enormous game of “telephone.” As for the part that’s my fault: My firsts posts on the Maye case were summaries, in which I collected information from media reports (which I’ve noted were sometimes contradictory) and from my conversations with Maye’s first attorney, who hadn’t been on the case in nearly two years. I don’t regret putting up those posts, inaccuracies and all, because they’re what put this case into public discussion. Only after those posts went up, and particularly after some PR help from Glenn Reynolds, for example, did folks in Mississippi start returning my calls.
But I don’t want this to be a case of blogs running amok with foggy details. I think Maye ought to be exonerated on the facts. So before I go on with new information, I’d like to put up a post that aims to keep everyone on the same page.
Let’s start with misconceptions, inaccuracies, and clarifications.
The narcotics task force did have a warrant for Cory Maye’s apartment. I first reported that police assumed the entire duplex to be one residence. That wasn’t accurate. However, Cory Maye isn’t listed anywhere on the warrants by name. Only his residence is listed, and Maye is refered to as “person(s) uknown.”
Maye was not convicted by an all white jury. Two black women sat on the jury that convicted him. The remainder of the jury was white.
The question of whether or not this was a “no-knock” raid is tricky. The warrant itself didn’t specifically allow for a no-knock entry. But courts have generally found that police can, at the scene, decide to conduct a no-knock in spite of the warrant if (a) they believe the suspect may destroy important evidence, and/or (b) if they believe announcing themselves would endanger their own safety. There’s also the matter that this raid was conducted late at night. An announcement when the suspect is likely to be asleep, and unable to hear, isn’t much different than not announcing at all. The police who conducted the raid insist they knocked and announced themselves. Maye maintains that they didn’t. I’ve suggested that the bulk of the evidence in this case favors Maye’s account of the raid.
Let’s move on to the facts.
Facts Not in Dispute
A local narcotics task force conducted a drug raid on the Prentiss, Mississippi duplex apartments of Jamie Smith and Cory Maye on December 26, 2001.
Smith was arrested without incident. Significant quantities of marijuana were found in his home. Both Maye’s current and former attorneys say Smith was never charged for drug possession or distribution. District Attorney McDonald says he doesn’t remember Smith being charged or convicted. Maye was never charged with a drug crime. So the only criminal charge of any kind to come out of this raid was the murder charge against Maye.
Police executed the warrant on Maye’s home sometime after 11pm. They first attempted to enter through his front door, then went around to the back. Maye was in his bedroom with his 18-month old daughter when the door was forced open by a cop other than Officer Jones. Officer Ron Jones was the first one to enter Maye’s apartment. Maye fired three times. One bullet struck Jones, and killed him.
Jones was not a regular member of the narcotics task force. He was a K9 officer for the Prentiss police department.
At the time of his death, Jones was the son of the Prentiss, Mississippi police chief. Chief Jones is now retired.
Maye is black. Jones was white.
Jones was armed when he entered Maye’s apartment, but his gun was holstered.
Maye fired three times in rapid succession. After the third shot, the remaining members of the task force shouted “police!” and entered the apartment. At this point, Maye dropped his gun, put up his hands, and surrendered.
Maye had no criminal history, no history of violence, and no prior drug arrests — not even misdemeanors.
The search warrants and affidavits list Jamie Smith by name, and refer to him as a “known drug dealer.” There was also a warrant for a search of Maye’s home, but it didn’t list Maye by name. None of the affidavits or warrants mention Maye by name.
The only direct evidence in favor of a search warrant against Maye seems to be a confidential informant’s tip to the investigating officer that a “large amount” of marijuana was being stored in Maye’s apartment 24 hours before the raid. The officer also says he saw considerable traffic coming to and from the duplex at unusual hours.
Immediately after the raid, police first said they found no drugs in Maye’s apartment. Days later, they say they found a small bag of “allegedly marijuana,” and three pieces of a burnt cigar, also containing “allegedly marijuana.”
Officer Ron Jones, the one who was killed, was also the sole officer who conducted the investigation that led to the raids.
Because of this, we’ll never know the details of his investigation. Nor will we learn the identity of his confidential informant. Jones apparently kept no records of his investigation into Maye or Smith. According to DA Buddy McDonald, all record of the investigation “died with Officer Jones.”
Nevertheless, judging by the information included in the warrant affidavits, it appears Jones made no effort to identify Maye, to make a controlled drug buy from Maye to corroborate the informant’s story, or to do a criminal background check on Maye. In fact, there’s no evidence that Jones knew the identify of the person occupying Maye’s apartment.
The gun Maye used to shoot Jones was stolen, though by all indications, it wasn’t stolen by Maye. Maye says he got the gun from a friend. Documents show that the gun was stolen in Natchez, 100 miles from Prentiss, at least a year prior to the raid on Maye’s home. The trial judge deemed the fact that the gun was stolen to be prejudicial, and withheld it from the jury.
Facts in Dispute:
Whether or not the narcotics task force sufficiently announced themselves and gave Maye time to peacefully answer the door before forcing entry.
Where the drugs in Maye’s apartment came from.
Why the times listed on the evidence sheets for both Maye and Smith’s apartments were repeatedly scribbled out. Why Maye’s sheet lists no exact time the evidence was collected. Why the evidence in Smith’s apartment was collected on the 26th, immediately after the raid, while the evidence in Maye’s was apparently collected at 5:20am the next day (though again, that time was the last of three times entered, the first two being scribbled out to the point of being illegible).
The legitimacy of the warrant for Maye’s residence. It appears to have been issued solely on the word of a confidential informant, who says he spotted marijuana in the apartment. If the warrant was illegitimate, police should never have broken down Maye’s door. If it was legitimate, they’d still have to have clearly announced themselves, and given Maye time to answer the door, for him to be guilty of capital murder.
According to Maye’s first attorney, two jurors told her after trial that Maye was convicted because (1) jurors resented Maye’s attorney for suggesting in her closing argument that God would remember whether or not they’d shown Maye mercy when it came time for their judgment day, and (2) the didn’t like Maye’s upbringing — they found him to be spoiled and disrespectful.
Maye’s Dirty Laundry
Because I think Maye is innocent on the facts, I’ve hunted around for anything that could prove damaging to his cause. Here’s what I’ve found:
The stolen gun mentioned above.
In addition to the 18-month old child Maye had with his girlfriend at the time of the raid, he has another child with another woman.
Maye was unemployed at the time of the raid. While some might take this as evidence that Maye was dealing, keep in mind that Maye had only recently moved out of his parents home. He and his girlfriend had been renting the duplex apartment for less than two months, and according to his first attorney, had actually occupied it for only a few weeks at the time of the raid. In other words, I don’t think Maye had been unemployed and out on his own long enough for those facts to be taken as support for the theory that Maye was supporting himself by dealing marijuana.
This entry was posted
on Tuesday, December 13th, 2005 at 6:18 pm by Radley Balko
and is filed under Cory Maye.
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TheAgitator.com
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