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The legal arguing took most of the day, leaving little time for the testimony of Tupelo’s expert witness Karen Fernandez.
Tupelo wants to annex 16.15 square miles of unincorporated territory, a move opposed by Lee County and the cities of Saltillo and Plantersville. The trial started March 29 and is expected to last several more weeks.
County attorney Chad Mask spent the morning disputing the city’s attempt to add new evidence into trial.
The evidence had been entered during the hiatus and served mainly to update existing documents previously discussed at trial. Mask said that, if allowed, the new evidence would render obsolete weeks of testimony and months of pre-trial preparation endured by all parties.
City attorney Billy Spencer disagreed, saying it sought only to clarify issues raised during trial as well as provide the most recent statistical data.
By noon, Judge Edward C. Prisock had allowed some new evidence, but not all.
It was then Jason Herring’s turn to thwart Tupelo’s case. He spent much of the afternoon disputing Ferndandez’ status as an expert witness for the city.
Herring argued that because Fernandez didn’t base her opinions on a reproducible methodology, her testimony couldn’t be considered expert. He cited a legal rule called the “Daubert standard,” which sets standards for expert opinions.
Mask and Plantersville attorney Brian Starling joined Herring in the objection.
Fernandez told the court she’d never heard of the Daubert standard. She also revealed that Mask himself had hired her as an expert witness in two previous annexation trials elsewhere.
Ultimately, Prisock allowed Fernandez as an expert witness. Her testimony, which supports Tupelo’s case for annexation, began in the late afternoon and will resume this morning.
Contact Emily Le Coz at (662) 678-1588 or emily.lecoz@djournal.com.
Spectators were screened at the entrance for any Walmart, Sears, etc attire and not allowed in. Homeland Security Officers were clad in dark sunglasses and traditional black suit and white shirt. Emergency Response personnel were visionary in their departmental issued uniforms. Undercover FBI and other law enforcement were excluded from the proceeding and were dressed in an array of different clothing but all showed up in pointed toe (cockroach killers) cowboy boots.
The Sheriff and Chief of Police both wore dual sidearms with extra ammo slung across their shoulders in an OK Corral fashion.
I know Henderson personally, and you are correct, he is an excellent lawyer. He moved up here recentl;y from jackson and opened his firm. He also prosecutes for the City of Saltillo in municipal court. He can tear a witness up. I see him as possibly a young Jimmy Doug Shelton--who is the best lawyer ever in these parts.
The Herring guy works for him and fills in when Henderson is busy handling other court matters. You are correct, the city would be in better hands if Henderson could be there during this annexation case full-time. In addition to prosecuting, he does a good bit of felony criminal work, and so he cannot be at the annexation trial everyday, although he would like to, if possible.
Kinda reminds me of a case where the prosecution and defense had rested and the defense was way ahead. Judge then allowed evidence to be admitted without defense even having opportunity to cross examine it. Turned the tide and guy convicted.
I've always said a judge can controll the outcome of a case by the way they conduct the trial.
Come on back Henderson, we need you to get these bogus experts. We don't want to be Tupelo citizens.