After a Warren County judge granted a continuance this week, the murder trial of local businessman Ricky Saxton is slated to begin in mid-2018.
Warren County Circuit Court Judge Isadore Patrick granted the motion for continuance after the defense team said it did not have enough time to review evidence provided by the state just four days prior to the Monday court date.
“Unfortunately, we are not able to go to trial, and I know this tugs at the hearts of both the defendant and the family of the victim,” Patrick said. “I guarantee this case will go to trial, but what I see here today…it is better to continue this matter than to go forward and jeopardize anything.”
Johnny Mack Brown turned himself into local authorities in June of 2015 for the murder charge of Saxton.
Saxton was murdered on Nov. 13, 2013. Investigators said Saxton drove his tow truck to a remote area near Benton after receiving a call from someone who claimed to be interested in selling a car. Saxton was found dead near his truck from a gunshot wound to the head.
Yazoo County Circuit Judge Jannie Lewis granted a change of venue for the trial after the defense team said Brown would not receive a fair trial in Yazoo County after extensive media coverage of the case.
“Last month, Judge Lewis said she would not be able to try the case today…because of a medical procedure scheduled this week,” Patrick explained Monday morning.
With nearly 35 people in attendance Monday, Brown’s defense team said additional evidence was provided to them by the state last Thursday.
Public defense attorney Demetrice Wells said her team was given various reports and statements from central witnesses in the case on Nov. 8, four days before the trial was slated to begin.
“The defense was not afforded an adequate opportunity to review all this information,” Wells said. “Thursday to today is not enough time.”
Wells added that the newly presented evidence is “essential” in their preparation.
District Attorney Akillie Malone-Oliver said many agencies were involved in the case investigation, including the Mississippi Bureau of Investigation, the Yazoo County Sheriff’s Department and the Yazoo City Police Department.
However, Malone-Oliver said the majority of the witnesses were provided to the defense, adding “there is nothing new about that.”
“Some information was recorded, and it was the first time we knew of these recordings,” she said. “After we discovered that, we sent them over (to the defense). Nothing was done purposely to withhold information. As soon as the state became aware, we turned it over. When the information was provided to us Wednesday, that information was late being given to them because it was the only time we saw it ourselves.”
Malone-Oliver said one recorded statement is “vital to the state’s case.”
“Not only did the defendant confess to MBI, two days later he confessed to the sheriff’s department,” Malone-Oliver said. “That information is vital to our case. It is a confession…”
Malone-Oliver asked the judge that the “vital” information not be thrown out.
Brown claims he was coerced into confessing to the crime by investigators.
“But the rule is the state must provide the defense with all statements and recordings,” Wells said. “They didn’t do this. That is not how you prepare for a trial. The defense should have been provided with that information.”
Wells said it would take her team hours to review the recordings, and she would need adequate time to meet with Brown, who is currently incarcerated.
Patrick said he has seen this same scenario play out in other counties whenever multiple agencies are involved with investigations. He said with multiple agencies, it can happen that evidence is brought forward at various times.
“The defense has a right to that evidence,” Patrick said. “They have a right to review and pursue it.”
Patrick said there were options, including:
• To grant a continuance, letting the state and defense to have the opportunity to review the evidence and set a later date to move forward
• To exclude the evidence all together from the state
“The defense alludes (Brown) was coerced, made to give that confession,” Patrick said. “The state is now in possession of a confession that doesn’t have this potential problem…does not have the allegation of coercion.”
Patrick said with the state needed such vital evidence for their case and the defense needed adequate time to review the evidence, he granted a continuance.
“This case is important to Yazoo County,” Patrick said. “A person lost his life. A person is put on trial that could put him in prison the rest of his life.”
Patrick said he expects the trial to begin in mid-2018.
