A showdown in Jones County. On Friday, January 12 during a hearing set at 10:00am in the Jones County Circuit Court, special Mississippi Supreme Court Appointee Judge Lamar Pickard overruled a motion by Jones County Prosecutor Risher Caves and set Marian Allen election contest trial for Monday, February 12, 2024.
Marian Allen, who's being represented by Vanessa Jones, Chief Judge Emeritus of the City of Hattiesburg, was not only granted a trial by jury, but was also granted every request they submitted to the court as the judge stated, "I want to give the plaintiff every opportunity to present whatever they'd like to the court. The supreme court takes this case very serious and has set this case as a high priority."
One of the biggest take aways from today's hearing is the judge overruled the defense who did not want Concetta Brooks to testify in the case. The defensed argued there was nothing more the court could get from interviewing the former circuit clerk because she has already submitted her statement in writing to the court. They also said her testifying would interfere with her time as the chancery clerk putting Jones County business at jeopardy.
The judge instead ruled in favor of Marian Allen as her attorney, Attorney Jones told the court, "She is the most important person in this entire case as she was in charge of the election. We need to depose her before trial and secure her testimony." The judge agreed. He then ordered Concetta Brooks to be deposed and testify on record to any questions from Attorney Jones before the trial on whatever day she asks.
The second biggest takeaway from the hearing today was about documents. While former Jones County Circuit Clerk Concetta Brooks testified in the hearing today she had given Mrs. Allen all of the documents she requested and that there was nothing else, Attorney Jones told the court she fail to comply with the subpoena because there are several things missing from the file.
The defense objected saying Mrs. Brooks is no longer the circuit court clerk, she is now the chancery court clerk and she should not have to do anything further. The judge overruled Jones County and agreed with Attorney Jones, ordering both Mrs. Brooks and the Jones County Circuit Clerk's Office to turn over the entire election file and make everything related to the November 7 general election available to Attorney Jones immediately, including all phone calls, emails, notes, and any other documents, whether electronically or not.
Jones County Prosecutor had filed a motion asking the court to dismiss the case today. In the motion, Caves argued that Jones County Republican Party and Jones County Circuit Clerk did everything by the books to replace longtime Judge David Lyons on the ballot with Attorney Travis Haynes.
In court at the hearing on Friday, Mrs. Brooks testified she did only what she was told to do by the Mississippi Secretary of State's Office.
Marian Allen filed a complaint saying that at no time could Travis Haynes name could have been placed on the ballot because the ballot had already been printed. Jones County Prosecutor says whether the ballots were printed or not is not important, but even if that was the case, the ballots were not printed.
Concetta Brooks agreed with Prosecutor Caves and submitted an affidavit to the court swearing that no ballots had ever been printed with Judge David Lyons name on it. She states, the ballots had not been printed at all. Both Brooks and Caves told the court, there is no evidence that ballots were ever printed.
On Monday, September 25, 2023, Jones County residents showed up to vote at the Jones County Circuit Court to vote. September 25 is the day that absentee voting began in every county in the state of Mississippi per state law.
David Lyons legally withdrew from the race on Monday, September 25.
Residents were not allowed to vote on Monday, September 25 because they were told by Jones County Circuit Clerk's office that they did not have any ballots for people to vote on, but instead, took down their name and contact info so they could be notified when the ballots arrived at the courthouse so that they could come back and vote, which took place 3 days later.
Mrs. Allen filed a complaint with the Jones County Circuit Court saying ballots were indeed printed with David Lyons name of it but were destroyed & replaced with new ballots with Travis Haynes name of it. Mrs. Allen said it was too late to take David Lyons name off the ballot and too late to add Travis Haynes name on the ballot.
Concetta Brooks, then Jones County Circuit Clerk, Travis Haynes, the Republican Party replaced nominee, John Parker, President of the Jones County Republican Party, and Jones County Prosecutor Risher Caves all testified to the court that no ballots were ever printed with David Lyons name on it. Prosecutor Caves told the court there is no evidence that ballots were ever printed and the case should be dismissed.
There is a lot a stake in the case as history is hanging in the balance. If Marian Allen wins her case, she will become the first African American Judge in the history of Jones County.