COLUMBUS, Ga. (WRBL) - The attorney for embattled District Attorney Mark Jones has been removed from the public corruption case, according to a decision filed in Superior Court on Monday
Houston County Superior Court Judge Katherine Lumsden issued the ruling removing Chris Breault as Jones' defense attorney, after a hearing on the matter last Thursday.
Jones is facing a nine count indictment of criminal misconduct in his first eight months in office.
Jones was suspended last month by Georgia Gov. Brian Kemp pending the Nov. 8, 2021 scheduled trial.
Breault, a close friend and confidant of Jones, enter the case on Oct. 12, 2021, after Jones had spent a month representing himself.
Breault was dismissed by the judge because he is a likely witness in the case.
In the order, Lumsden cited Facebook message between Breault and Andrew Lloyd, a witness in a murder case Jones had tried and ended in a mistrial. Lloyd was a crucial witness in the state's murder case against Drevon Johnson.
"The gist of the communication memorialized in the messages is: if Mr. Lloyd cooperates, Mr. Breault will get his probation warrant and/or felony warrant dismissed and if he doesn't, Mr. Jones will prosecute and send him to prison," according to the order.
Here's where the problem lies, according to Lumsden's order.
"The use of the defendant's private lawyer/friend (not law enforcement or the DA's investigator) to find and persuade a witness is unheard of and fraught with ethical problems," Lumsden wrote.
The judge also ruled on a number of other items:
-- She granted the state's motion to prevent Jones from calling witnesses or making an argument about his suspension.
"This is a collateral consequence of a conviction and is irrelevant to the jury's determination of the case," the order read.
-- The court has ruled that testimony from the unrelated criminal property damage case can not be heard. Jones and four others were charged with damage to the Civic Center parking lot during the taping of a May 2020 campaign video.
That case was tried last month, with Breault representing Jones. It ended in a mistrial after witness misconduct. The special prosecutor, Brian Patterson, said last month he would drop the charges. They were officially dropped on Monday.
"This topic is irrelevant and inadmissible," Lumsden wrote in her order.
10/22/2021 - Office manager for Muscogee County District Attorney suspended, tells News 3 she plans to resign
10/21/2021 – Judge weighing decision on whether to remove embattled DA Mark Jones’ criminal defense attorney
10/19/2021 – State asks judge to remove Chris Breault as DA Mark Jones’ criminal defense attorney
10/13/2021 – New prosecution allegations in suspended DA Mark Jones case raise questions about cocaine use
10/12/2021 – Chris Breault representing suspended District Attorney Mark Jones in criminal case
10/08/2021 – State claims embattled DA Mark Jones had issues at a downtown bar before he allegedly asked cop to lie under oath
10/07/2021 – Prosecutor includes ‘illegal drugs’ restriction in bond modification motion for suspended DA Mark Jones
10/07/2021 – State motion in criminal case against DA Mark Jones claims he ‘disregards law and ethics to win murder cases’
10/04/2021 – Governor suspends embattled District Attorney Mark Jones
09/07/2021 – News 3 interviews D.A. Mark Jones on his way out of jail
0 Comments