Leaders rally in support of Councilwoman Nettie Davis, call possible prosecution 'a travesty'
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Sep. 3—TUPELO — Allies of Ward 4 Councilwoman Nettie Davis gathered on Friday to demand that the region's top prosecutor not seek to indict the trailblazing Black leader over claims that she unlawfully offered raffle money to voters.
Ten people, including former Democratic U.S. Rep. Travis Childers; Jim Waide, Davis' attorney; and Jim Newman, the chairman of the Lee County Democratic Party, gathered in Fairpark Friday morning to defend Davis' character.
A grand jury will meet next week, and Davis' defense lawyer believes that District Attorney John Weddle will present the Ward 4 councilwoman's case for a potential indictment.
"I find it a travesty — and I mean that a real travesty — that someone who has devoted not only her life to teaching, but then her life to public service, should be treated so shabbily over a supposed misdemeanor," Newman said.
Though Weddle has made no announcement that he intends to present Davis' case before a grand jury meeting next week, Davis filed a suit in Hinds County Circuit Court on Tuesday that said Weddle "plans to seek an indictment" of her.
Grand jury proceedings are conducted confidentially and closed off to the public. A grand jury only decides if there is reasonable cause to believe that a crime has been committed, but does not determine guilt or innocence.
Only prosecutors present a case to the grand jury. No defense counsel or other representative of the potential defendants are present. If the grand jury believes there is sufficient evidence a crime has been committed, jurors will return a "true bill," commonly called an indictment. If grand jurors believe there is not sufficient evidence of a crime, they will not return a true bill.
The Rev. Jeffrey Gladney, the pastor of Red Oak Missionary Baptist Church, said there were other ways that Weddle should be spending his time instead of presenting Davis case before the grand jury.
"I want to tell everybody, don't come for us unless we send for you," Gladney said. "There is a day of reckoning coming for the DA. He has an election coming up, and I will do everything in my power to get every vote against him. We want to stand with Ms. Davis."
The law Davis may be indicted over makes it unlawful for anyone to "put up or in any way offer any prize, cash award or other item of value to be raffled, drawn for, played for or contested for in order to encourage person to voter or to refrain from voting in any election.
Should Davis, a Democrat in her sixth term of office and a trailblazing civil rights veteran, be indicted, she could be fighting for her political life.
The state law provides that any candidate convicted of the statute in question shall be removed from office.
Childers, the last Democrat to have represented Northeast Mississippi in the U.S. House of Representatives, told the Daily Journal after the press conference that he was "only there to support Nettie," whom he called his friend, and not there to criticize anyone.
"Our friendship began through public service together," Childers said. "She's always been my friend."
The former congressman believes that all other questions surrounding Davis' legal matters should be answered by her attorney.
Waide, argues that Weddle is conducting inappropriate procedures by taking Davis' case to the grand jury. Instead, Waide believes that the district attorney should simply swear out an affidavit alleging that the Ward 4 Councilman committed a crime.
"As long as I've been practicing law in Tupelo, I can't think of an example where anybody has been taken before a grand jury for a misdemeanor," Waide said. "It's not necessary. In fact, it's really inappropriate."
The prominent trial attorney is asking a Hinds County Circuit Court judge to declare the statute that prosecutors are allegedly seeking to prosecute Davis under to be declared unconstitutional. Waide asked that Weddle hold off on any investigation or prosecution of Davis until the litigation has ended.
If a grand jury does indeed indict Davis, it's unclear how long it would take for Davis, her attorney and the public to be notified.
