E-Filed Document Aug 6 2018 14:42:00 2018-M-01111-SCT Pages: 9

IN THE CIRCUIT COURT OF PANOLA COUNTY, MISSISSIPPI

SECOND JUDICIAL DISTRICT

STATE OF MISSISSIPPI PLAINTIFF

vs. CAUSE NUMBER:

~llo .,,, ot; &>L,-'v~
QUINTON TELLIS DEFENDANT

MOTION FOR RECUSAL OF PANOLA COUNTY DISTRICT ATTORNEY'S

OFFICE DUE TO PROSECUTORIAL MISCONDUCT /MOTION FOR
CONTINUANCE/MOTION FOR SANCTIONS

COMES NO\X/ Attorney D arla Palmer, Counsel on Behalf of the Defendant,

QUINTON TELLIS, and files this the D efendant's MOTION FOR RECUSAL OP

PANOLA COUNTY DISTRICT ATTORNEY'S OFFICE DUE TO PROSECUTORIAL

MISCONDUCT / MOTION FOR CONTINUANCE/MOTION FOR SAN CTIONS, and

would show unto the Court the following to wit:

(1) That the D efendant TELLIS is charged with Capital Murder in the instant

matter, and has been scheduled for a status conference on July 9, 2018 and for

trial on September 24, 2018. That this will be a re-trial in this matter.

(2) That D efense Counsel brings to the Court's attention that she was retained on

another matter to represent D efendant J alen Asir Matthews Caudle before Judge

Celeste \X/ilson in the D esoto County Circuit Court. This case is very relevant to

the instant capital murder indictment against DEFENDANT TELLIS.

(3) That on February 15, 2018, Defense Counsel Darla Palmer filed her Motion for

Discovery in the D EFEND ANT CAUDLE'S case and picked up discovery

from the D esoto County District Attorney's Office o n March 2, 2018.

IFDfb&@
iJLJL 02 2016
MELJSSAM
CtRcu,Er_$(,-f-'Hf LP:~
' •~LERK ,:.,,
(4) After March 2, 2018, Att0rney Palmer began rev1ew111g the D esoto County

discovery and determined that she needed additional time to prepare for trial. An

additional continuance in that matter was granted.

(5) That on Thursday, April S'h and Friday, April 6th, 2018, Attorney Palmer

received information from the Desoto County DEFENDANT CAUDLE'S

father indicating that DEFENDANT CAUDLE had called and told him that

District Attorney John Champion had a guard or guards escort him to an office

in an attempt to coerce or intimidate him in some way.

(6) That on Friday, April 6'\ Attorney Palmer responded to the DEFENDANT

CAUDLE's father and indicated to him that she would try to check it out

somehow and plan a Vlsit to see him in the next few days.

(7) That on Tuesday, April 10'\ Attorney Palmer traveled to Hernando, MS to visit

with DEFENDANT CAUDLE at the D esoto County Adult Detention Center.

She signed the "book" but noticed that District Attorney John Champion had

not signed the book for the month of April 2018.

(8) That after speaking with D efendant CAUDLE a lengthy amount of time,

Attorney Palmer determined that District Attorney Champion had indeed

initiated a visit with the DEFENDANT CAUDLE without her permission and

conducted an improper discussion with her client. H is discussion with

DEFENDANT CAUDLE regarding DEFENDANT TELLIS's case included

numerous ethical violations, prosecutorial misconduct, potential criminal

violations and potential impact or effect on her representation of other

D efendants in the 17'1, Judicial District.

(9) That again on Tuesday, April 1l1, 2018, Attorney Palmer traveled to Hernando,

MS to visit with the DEFE D ANT CAUDLE to speak to him about his

discussions with District Attorney Champion. Attorney Alton Peterson attended

this visitation as well. Both Attorneys Palmer and Peterson signed the entrance

book into the facility.

(10) That Attorney Palmer prepared an affidavit that evinces actions taken and

statements made by Chad Wicker, Director of the Desoto County Adult

Detention Center, District Attorney Champion and D EFENDANT CAUDLE

himself throughout the unauthorized visit on Thursday, April 5'". (See Exhibit A)

(1 1) That since the jail visits with the D efendant CAUDLE in April, Attorney

Palmer has been unable to prepare properly for a trial in this matter with

D E FENDANT TELLIS or the other matter with D EFF.NDANT CAUDLE

because of her continued efforts to research the case law in this regard and

further seek out advice and assistance to determine the proper channels to bring

these matters before the Court and any other proper authorities.

(12) That specifically, Attorney Palmer asserts on behalf of both D efendants

Caudle and Tellis that District Attorney Champion has violated several rules

contained within the Mississippi Rules of P rofessional Conduct and that these

violations constitute misconduct, namely:

a. MRPC 3.4(b) FAIRNESS TO OPPOSING PARTY AND COUNSEL-

"A la,vycr shall not falsify evidence, counsel or assist a witness to testify

falsely, or offer an inducement to a witness drnt is prohibited by law".

b. MR.PC 3.8 (a), (b), (d), and (e) SPECI AL RESPONS1BILITJES OP A

PROSECUTOR-The entire rule with the excep tion of section (c)

c. MRPC 4.2 COMMUNICATION WITH PERSON RE PRESENTED

BY COUNSEL-In represen ting a client, a lawyer shall not communicate

about the subject of the representation with a party the lawyer knows to be

represented by another lawyer in the matter, unless the lawyer has the

consent of the other lawyer or is authorized by law to do so.

d. MRPC 8.4(a), (b), (c), and (d) MISCONDUCT- Lt is professional misconduct

for a lawyer to: (a) violate or attempt to violate the rules o f professional

conduct, knowingly assist or induce another to do so, or do so through the

acts of ano ther. (b) commit a criminal act that reflects adversely on the

lawyer's honesty, trustworthiness or fitness as a lawyer in other respects; (c)

engage in conduct involving cushonesty, fraud, deceit or misrepresentation

and (d) engage in conduct that is prejudicial to the administration of justice.

Considering the aforementioned violatio ns of the Mississippi Rules of

Professional Conduct and apparent prosecutorial misconduct, D efense Attorney

Palmer respectfully reguests that the PANOLA County District Attorney's

Office be recused fro m prosecuting this case, that this matter be continued until

such time that the Attorney General's Office has been appointed and that

monetary sanctio ns/ criminal contempt be imposed against District Attorney

J ohn Champion.

D efense Co unsel further reguests that she be allowed to submit additio nal

legal briefing and that a formal hearing be held in th.is matter.

 RESPECTFULLY SUBMITTED, this the 2ND day of JULY,

~~
2018.

395 EDGEWOOD TERRACE DRIVE

JACKSON, MS 39206
601-956-9191 OFFJCE
601-956-9133 FACSIMILE

CERTIFICATE OF SERVICE

I, DARLA MANNERY PALMER, DO HEREBY CERTIFY THAT I HAVE

HAND DELIVERED A TRUE AND CORRECT COPY OF THE FOREGOING
MOTION FOR RECUSAL OF DESOTO COUNTY DISTRICT ATTORNEY'S
OFFICE DUE TO PROSECUTORJAL MISCONDUCT TO THE PANOLA
COUNTY DISTRICT ATTORNEY'S OFFlCE AND JUDGE GERALD
CHATHAM OFFICE, RESPECTIVELY 365 LOSHER STREET, STE 210,
HERNANDO, MS 38632 AND POST OFFICE BOX 280, HERNANDO, MS 38632.

THIS THE 2ND DAY OF J

11
 AFFIDAVIT

I, JALEN ASIR MATTHEWS CAUDLE, DATE OF BIRTH 7-21-98, am incarcerated in

the Desoto County Adult Detention Facility located at 3425 Industrial Drive, Hernando, MS

38632. I have been incarcerated in this faci lity since my arrest and I am indicted with Capital

Murder in Desoto County Circuit Cause Number CR-2017-0641 CW2. The following

statements and events, as described below, but not limited to that described, took place on

Thursday, April 5, 2018:

I was called out of my pod (D-300) at approximately 3 p.m. or shortly thereafter. My

name was called on the intercom system in the pod and I was told that the Director, Chad

Wicker, wanted to see me. I'm sure all inmates in the pod beard this request, including but not

limited to [Raulton] and Kenny Vogt. I was escorted up front by Correction Officer Booker to or

towards Director Wicker's office. (I believe his name to be Officer Booker). It did not seem that

anyone else was in this area working at the time or at least I didn't really see anyone else in the

area of Director Wicker's office.

Once I entered Director Wicker's office, he was the only person in the office with me at

first. Director Wicker said while looking at his computer screen, "So you killed someone?" I

said, "No, I didn't." Director Wicker then got up and said " I want you to meet a friend of mine".

He then allowed John Champion to walk into the room. l did not know who John Champion was

at first. Director Wicker then left me alone with John Champion and shut the door to his office.

At first, I could still see Director Wicker was still standing outside the door.

After John Champion entered the room, be asked me did I know who he was. I said "No"

and he stated " I'm John Champion and I'm the one prosecuting your case". He then stated,

"Jal en you do know that if you lose this case, you looking at life and I'm the one who determines

how long you get. I promise you if you help me, I'll help you. Now some people I know told me

you very close friends with Quinton Tellis. ls there something you want to tell me?"
 And then I said, "What do you mean?" Then John Champion said "Jalen let me say this

again. I'm the one prosecuting you and I can drop your charges a lot, a whole lot, something to

where you can get home a lot sooner. Now, I helped a lot of people and I also sent people away

for life who tried to fuck me. So now T'm gone ask you this again. Is there anything you want to

tell me about Quinton's case?"

Before I could even say anything, John Champion continued to talk to me. "See Jalen, I

think you have Darla Palmer because of Quinton right?" And I stated "Yeah".

Then I said "In my case, I was just around the wrong people". I then tried to explain

further about my case that "I just hung out with them". Then John Champion said, "Jalen, see I

been looking at your file and I spoke with your Dad and it seemed like he raised you right". And

then I said, "Me and my Dad hoop all the time and he's a cool guy. I mean that's my dad". Then

John Champion told me, "I believe there are two (2) types of people. In your situation, good

people that made a mistake and sometimes need to be put away, but not forever, and thugs that

don 't need to be in today's society. I believe you're in the first one. Don't let me down. Is there

anything you want to tell me about Quinton's case?"

Then I said, "l mean he told me stuff. ls there anything I know that y'all don't already

know?" Then John Champion said, "Jalen, if you help me out, I'll help you. Jalen, it's a win-win.

Everybody's happy".

John Champion then said, "Now what 1 can do for you is that I can only help you out

down the road because I'm sending you either way". I was still listening to John Champion and

not really responding at this point.

John Champion then said, "Jalen what about this. Quinton' s nickname was Eric right?"

And I said, "I don't know ".

And then John Champion started trying to, what it seemed to me to be, guide me into

saying stuff. I kept saying "T really don't know".

 John Champion said, "Ok let me help you out". John Champion said "Quinton told you

that Jessica called him Eric right?" John Champion then said, "Quinton told you that Jessica

called him Eric sometimes because that's the name Quinton told her when they [Quinton and

Jessica] first met."

Then John Champion started saying that "Quinton lived across the street from a gas

station and that that was on camera and about Quinton going to another store and that that was on

camera too, but that Jessica was on camera too but not them [Quinton and Jessica] together".

John Champion said that "Quinton just wanted pussy, that he just wanted to hit and that he's as

bad as they come". John Champion also said that "Quinton bad stabbed some girl from Hong

Kong in Louisiana and stuff and left her there for days".

John Champion said, "You gotta drop Darla from being your attorney Jalen because I'm

going to want you to testify against Quinton." John Champion said, "What we are trying to do,

we can' t do it with Darla. It will be a conflict of interest. I know a public defender. He is a friend

of mine. If you help me, then I promise I won't send you away for life."

Then John Champion told me, "This is good now Jalen. I'm gone come get you next

week and bring you to my office. We gone get you something good to eat. So just think about it

okay? I'm going to want you to talk to two close friends of mine, one who is an investigator and

one from the army. He's good with phones. I know you are good with phones, probably better

than me." Then John Champion laughed. "Lislt::n, I'm gone now."

I finally said, "I don' t know. I have to talk to my Dad about this." And John Champion

said " I kinda don't want your dad to know about this, so don' t tell Ms. Palmer or your Dad".

John Champion left the room and then l was escorted back to my POD. I called my dad

anyway as soon as I was able to do so.

I am making these statements of my own free will and Attorney Darla Palmer prepared

this affidavit.
 mN ~~ (jff!i~s f::.tit
~14 d_ d.O £%

STATE OF MISSISSIPPI
COUNTY OF HINDS

PERSONALLY, appeared before me, the undersigned authority in and for the
jurisdiction aforesaid, JALEN ASJR MATTHEWS CAUDLE the undersigned party, who after
first being duly sworn, bas signed the instant affidavit of HIS own free will.

SWORN BEFORE ME THIS THE 2ND day of JULY, 2018.

MY COMMISSION EXPIRES:

•..
·····..;;s···· .
f .......
,. 0 .. p ~tr. ••
•,\J.r •
••·,~·~~~'( Uet·•f.Q',
. ~· o 1
0· ,o·
:·:;/~ 10 # 124535 \ .... \
; D~Rl~ tAAMNERY PALl~R ~
••• \ Conu"ltMOft ExplrH/ :
\ '·.. Jllfl• 27, 2022 ..·~ /
••,s,.,..•. .,•j.'\ ••
•'Jto··
.... S..CO':···
····.~~ .
........