Trial rescheduled for July 25
Published 12:01 am Thursday, June 9, 2011
NATCHEZ — A second trial for two Natchez Police officers accused of civil rights violations has been pushed back to July 25, according to a federal court docket.
U.S. prosecutors and defense attorneys of Elvis Prater and Dewayne Johnson originally stated their case during a weeklong trial ending March 2. Judge David Bramlette accepted a partial verdict at that time for the two counts for which the jury was able to agree.
After a documented Monday phone conference between Bramlette and involved parties, the trial was rescheduled for July 25.
U.S. prosecutors filed an order for continuance because an “essential and material” witness, Dr. Michael Angel, could not attend the June 20 date, which was scheduled in March, because he planned to be on a Boy Scout camping trip with his son.
Angel testified at the first trial as a medical expert that blunt trauma caused Jason’s injuries.
Prater’s attorney objected to the continuance because Prater “wanted to get the trial behind him,” the objecting motion said. Johnson’s attorney did not object.
Bramlette denied the prosecution’s request filed June 3 for a continuance because the alternative dates the prosecution suggested conflicted with the court’s schedule.
Immediately following the telephone conference, however, the docket says the trial was reset for July 25.
Prater and Johnson will have the same representation at the second trial as the first.
A new set of attorneys for the U.S. Government will prosecute the case.
At the first trial, Elvis Prater was acquitted of count 1, the beating of James Daniel — known as Daniel — Ellard, and officer Johnson was found guilty of count 4, the theft of Jason Ellard’s credit cards.
At the second trial, both men face two counts of civil rights violations for the alleged May 2009 beating of Jason Ellard.
Prater faces one count of making false statements to federal investigators; Johnson faces two counts of the same charge.
Johnson also faces one count of conspiracy.
The Natchez Board of Aldermen approved the termination of Johnson at a March 22 meeting at the recommendation of Police Chief Mike Mullins.
Prater remains on unpaid administrative leave until remaining counts are retried.