Maxwell cleared of any wrongdoing in civil case
Published 9:54 am Wednesday, April 25, 2012
ALEXANDRIA, La. — Seven jurors have unanimously ruled that Concordia Parish Sheriff Randy Maxwell did not maliciously prosecute Jim Whittington.
The eighth juror in the case was excused earlier today and was not a part of deliberations.
Court has adjourned.
2:45 p.m. update: Closing statements have wrapped up and the jury is now deliberating.
1 p.m. update: Two witnesses who were not allowed to testify in front of the jury Wednesday morning did take the stand before the judge and court reporters.
Theresa Berry and her mother, Mary Frances Berry, answered questions from both attorneys regarding the 2003 charges of telephone harassment, stalking and simple robbery filed against James “Jim” Whittington.
After Sheriff Randy Maxwell allegedly opened the door to the witness room this morning and greeted both Theresa and Mary Frances, Judge Dee Drell announced that those witnesses would not be able to testify in front of the jury.
But Maxwell’s attorney was able to call them to the stand as witnesses for the record, while the jury was out of the room.
If a party is denied the right to introduce a witness or evidence in a trial, that party must make record what the witness or evidence would have shown during testimony in order to preserve the issue for appeal.
Before Theresa and Mary Frances testimony, Whittington was cross-examined by Maxwell’s attorney.
Court proceedings resumed at 1 p.m. and are expected to finish today.
Each legal counsel will deliver closing arguments, which are limited to 40 minutes, and instructions will be given in order for the eight-person jury to begin deliberation.
11:30 update: Judge Dee Drell has thrown out the plaintiff’s claims that his fourth amendment rights were violated. His claims that he was maliciously prosecuted are still on the table and are expected to go to a jury.
9:45 a.m. update: Three witnesses that were expected to testify on behalf of the defense in the trial of Sheriff Randy Maxwell may be thrown out.
Judge Dee Drell announced that some witnesses would not be allowed to testify because Maxwell had apparently entered a room where they were sitting this morning and spoken with them. Court officials were working to confirm which witnesses were in the room.
All witnesses involved in this case — including Maxwell — have been sequestered and told not to have contact with one another.
Drell said Maxwell is a seasoned courtroom veteran and should know to follow the rules.
“I don’t know why he things he’s above everyone else, but he does,” Drell said.
Among the witnesses was Theresa Berry, the woman from whom Jim Whittington allegedly stole rings.
Whittington is on the stand being cross-examined now.
The three witnesses scheduled for today were the only ones expected to take the stand.