Delayed Justice

Oh, man! Sometimes court appointed attorneys don’t get much respect. In motions before the start of his perjury trial, Malcolm Xavier Jeffries tried to bounce his attorney, Dennis Carlson. Seventeenth Circuit Court Judge Mark Trusock finally convinced Jeffries to keep Carlson at least close by and at the defense table. But Jeffries wasn’t happy about it; he wanted some other attorney. And because that was not forthcoming he says he’s representing himself.

Malcolm Xavier Jeffries

Assistant Prosecutor Kellee Koncki had a few motions of her own…those covered under 404 (B) and 403 (B) dealing with prior bad acts. Those are coming in and may show the relationships between Jeffries, convicted murderer Aurelias J. Marshal, and Marshal’s brother, Acey, who is expected to be the prosecution’s main witness. (There are only two other civilians in addition to three officers.)

This is expected to be a relatively short trial, but the way thing got underway…well, it could be interesting. Jeffries will represent himself as much as possible and he started off with asking Trusock to recuse himself…he knew too much. So, down the hall defendant, attorneys, a law officer, and this reporter went to appear before the chief judge of the circuit, Judge Donald A. Johnston. After a ramble seeking not only Trusock’s recusal, but a dismissal of charges, and allegations of evidence tampering, Johnston send him back to Trusock: No joy. Said Judge Johnston, if Trusock knew a lot about the case it would work for the benefit of justice AND Trusock came by that knowledge properly: in the courtroom.

Jeffries also faced disappointment when he was denied witnesses he’d sought to have testify. Jeffries–on his own last week–faxed the request and reiterated it today. Too little, too late, said Trusock; the six people Jeffries wanted to appear in the court were excluded. Trusok repeatedly recommended that Jeffries pay close attention to Carlson, and to consult with him.

With all the motions dealt with, prospective jurors were brought in. It took 28 tries to seat all 14 (two will be eliminated at the end of the trial, assuming no one drops from the jury). There are eleven men, three women, no Blacks.

After surviving for-cause and preemptory challenges the empaneled jury heard instructions, and then left to return tomorrow morning. The trial begins at 8:30 with more instruction and then witnesses, Courtroom 11B.

Jeffries is interesting and in any other setting might be taken light-heartedly. But no. Malcolm Xavier Jeffries was one of the four arrested on charges of perjury relating to the June 11, 1990 beating death of Christopher Joel Battaglia. Perjury in a felony murder case is potentially a life offense in a Michigan prison. If convicted, he may face up to twice the penalty because he is a habitual fourth offender. He was in prison from March 20, 1995 to October 26, 2013 for unlawful driving away of an automobile, and two counts of unarmed robbery. In the late 1980’s he spent a year in prison for receiving stolen property.

He is intelligent, has tried to do his legal homework, and appears mercurial. He owns his past bad behavior, noting a really rough coming up at the St. John’s Home, Starr Commonwealth, juvenile detention, jail, and prison. But, he maintains, he would not have stood by while Joel Battaglia was being beaten. In fact, he said, he would have called the police.

Acey Marshall in the preliminary exam for his brother, Aurelias, not only said that Jeffries was at the scene of the crime, but participated in the beating.